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HomeMy WebLinkAbout09-24-2001 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 ROLL The City Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Richard Flint, Jay Nygard, Bob Sansevere, and Jim White. Representing City 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, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Item Nos. 11, 12, 14, and 15 were added to the Consent Agenda. Item No. 3 was removed from the Consent Agenda. Flint moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. FIRE STATION COMMITTEE UPDATE Gabriel Jabbour and Jim Murphy addressed the City Council regarding the progress being made on the new Long Lake Fire Station. Jabbour indicated the meetings have been changed from Monday mornings to Tuesday mornings, and will possibly be changed to Mondays at 4:00 to accommodate as many people as possible. The committee is in the process of hiring a construction manager to work in conjunction with the architect in order to monitor the costs of the project. Murphy stated in his opinion the committee is working well together, with four different firms being interviewed for the position of construction manager. Flint noted the Council did approve the hiring of a construction manager on tonight's Consent Agenda. Murphy stated in his view the firm being hired for this position will do a good job. Flint inquired whether the firm being hired for the construction manager would also be working on the Long Lake City Hall facility. Moorse stated this firm will play a minor role in the Long Lake City Hall and this will not impact the fee being charged for the fire station project. • PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Fire Station Committee Update, Continued) Murphy indicated the committee did inquire of the construction manager's fee schedule and how that would be paid. The committee at this point feels that there will be sufficient savings on the construction in order to offset the costs of the construction manager. PUBLIC HEARING — 7:00 P.M. ( #2) COFFEE CHANNEL SNOWMOBILE ACCESS Moorse stated a public hearing has been scheduled to discuss possible options for addressing the snowmobile access issue, the use of Coffee Channel, and the use of a 15 -foot wide alleyway located between 1998 and 2000 Shadywood Road. In March of 2001, the Hennepin County Water Patrol closed Coffee Channel to snowmobiles due to unsafe ice conditions, which resulted in a number of snowmobilers using the alleyway. The City Council, in response to concerns raised by the two property owners on Shadywood Road, decided to close the alleyway to snowmobiles and directed City Staff to explore solutions to the snowmobile access issue. Staff explored the option of a floating bridge to provide safe access through the Coffee Channel, which was determined to not be feasible due to a number of reasons. The primary reason was that a floating bridge would not have a solid base at the ends due to the current in the area. Other issues considered by Staff were the possibility of purchasing property to provide 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; and close the alleyway to snowmobilers with the exception of use by the Water Patrol. The Water Patrol has requested the ability to use the alleyway. Staff also discussed this issue with the DNR, with the DNR indicating that the 15 -foot wide alleyway located directly adjacent to the two homes is not a desirable snowmobile route and is agreeable to working with the City to arrive at a long -term solution. Moorse stated the DNR did indicate they would be agreeable to working with the City to determine whether the acquisition of property would be a more feasible option, with possible funding being available through the DNR to implement this solution. Moorse stated Hennepin County Transportation has indicated the current bridge on Shadywood Road is structurally sound, with no work being planned on the bridge over the next five years. Staff feels the 15 -foot wide alleyway is not a desirable snowmobile access alternative due to noise and safety concerns. Staff feels the best long -term solution would be the acquisition of property for snowmobile access. Mayor Peterson noted the City did receive some letters from local residents indicating their position on this issue. Mayor Peterson opened the meeting for public comment. John and Carol Weiland, 1966 Shadywood Road, addressed the Council regarding their concerns for opening the alleyway. Mrs. Weiland stated they are aware of the snowmobile situation in this area and have discussed this issue with Council Member Nygard regarding possible solutions. Mrs. Weiland stated they would propose that the City leave Coffee Channel open for access by snowmobilers as long • PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • (Coffee Channel, Continued) as the channel is safe, noting there are times of the year when it is not safe. Mrs. Weiland stated in her opinion the purchase of property to accommodate a wider access is not economically feasible due to the high cost of land in the area. Mrs. Weiland stated in her opinion the most economically feasible option would be to construct a snowmobile trail adjacent to the highway up to Fagerness Point, with the trail also acting as a sidewalk in this area. Mrs. Weiland noted there is no sidewalk currently in this area. Mrs. Weiland stated the original intent for the 15 -foot wide alleyway was to allow access by emergency vehicles to the lake in the event of a fire and to obtain ice for refrigeration, which do not apply today. Mrs. Weiland expressed concerns regarding the high amount of traffic on Shadywood Road as well as the limited sight view for cars attempting to cross the highway. Mrs. Weiland also expressed concerns regarding the large number of snowmobilers that would use this alleyway and the necessity to cross the highway to gain access to the alleyway. Mrs. Weiland stated in her view a number of snowmobilers do attempt to keep an open area of water through this area in order to skip water, which is a game to them. Mrs. Weiland suggested the snowmobile clubs provide an area where they can safely skip water, with one possible area being near Big Island, which would not bother the local residents and create a safety hazard. Mrs. Weiland stated there is also a swift current that runs through this channel and causes a further safety hazard. Mr. Weiland stated in his opinion keeping the channel open is a viable solution, with larger signs being posted indicating the channel is unsafe when there is open water. Mr. Weiland stated the snowmobilers • do knock down the signs. Mrs. Weiland noted her and her husband have rescued three people in the past because their snowmobiles had gone through the ice in this area. Mrs. Weiland encouraged the City Council to consider leaving the channel open since it is the most safe solution at this time. Janet Soltau, 1998 Shadywood Road, stated she was dramatically traumatized by the large number of snowmobilers utilizing the alleyway adjacent to her property, and stated she does not want to live that way again. Kurt Silton, 3237 Gladstone Lane, Mound, stated he is the president of the Westonka Snowmobile Club. Silton stated the Westonke Snowmobile Club is a very family oriented club, with a large number of young children being members in the club. Silton stated in his view Coffee Channel is probably one of the most dangerous spots on the lake and options need to be explored for when the channel becomes unsafe. Silton stated the 15 -foot alleyway is a poor solution, but it does provide access to the lake when the channel is unsafe and is the only alternative at this time available to snowmobilers. Silton stated in his opinion the snowmobilers are not looking to skip across open water since it is known to be very dangerous and is not promoted by his club. Silton stated the Water Patrol does patrol this area and does issue tickets for skipping open water in this area. Silton stated driving alongside the highway is a possibility, noting that kids under 12 years of age are not legally able to cross the road. Silton stated in his opinion the best solution is to widen the channel, noting the channel is too narrow in the summertime also. Silton stated his club would be willing to help • post signs indicating an alternate trail. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 is (Coffee Channel, Continued) Sansevere inquired how many of his members are under 12. Silton stated it is a family club and there are a number of kids under 12. Silton stated he does not have the exact breakdown at this time. Fay Dawson, 1940 Shadywood Road, stated she has lived here for 16 years and in her opinion people look to their homes for security and safety. Dawson stated Orono does have a large number of public accesses available to the lake, and in her opinion the residents of Orono should not have to have the financial responsibility placed on them to provide accesses to every possible location snowmobilers may want to go to. Dawson expressed a concern regarding the petition that was circulated in her area, noting that it is her understanding people were told if they did not sign the petition, they would have snowmobilers driving through their yard. Bill Omlie, 1860 Shadywood Road, stated he would like a permanent solution to this problem, noting that he does have snowmobilers driving through his yard when the channel is open. Omlie stated the channel is not effectively blocked when it is unsafe which allows the snowmobilers to go through the channel. Omlie stated due to the safety concerns, in his opinion the alleyway cannot be discarded until a better solution is found. Omlie reiterated a permanent solution needs to be found, especially since there are a large number of snowmobilers who reside in Orono. Bob Albertson, 2100 Shadywood Road, stated he lives approximately one block south of Coffee • Channel and he and his family have lived in this area for 38 years and are snowmobilers. Albertson stated he and his children have used this fire lane in the past, noting the alleyway was donated to the City as public land approximately 80 years ago. The primary use at that time was for fire truck access to the lake and obtaining ice, with a very limited number of boats in the area. Albertson stated times have changed and there are a significant number of people who own boats and snowmobiles nowadays. Albertson stated this alleyway has not been publicized in the past, with a large number of the snowmobilers not being aware that this access point exists, and as a result they use Coffee Channel even though it is unsafe. Albertson stated the residents in this area pay taxes to use the lake and the lake access points, with the number of snowmobilers being on the rise. Albertson stated the City needs to look to the future and provide safe access to the lake. Albertson stated widening the bridge or road is not economically feasible at this time. Albertson stated the only proper way to use the channel is to have the Water Patrol properly test the ice and close the channel when it is found to be unsafe. Albertson stated snowmobiles generally are 48 inches wide, with a typical road being 12 feet wide in Orono. Albertson stated in his view there is ample space for travel through the channel, and suggested that a five -mile an hour speed limit be posted through this area. Albertson stated Seton Channel is not a viable alternative since it is also unsafe at times. Albertson stated the state ordinance reads that it is unlawful for a person to operate a snowmobile on the roadway, shoulder, inside the bank or slope, or any street or highway. Albertson stated the fire lane needs to be open when the channel is unsafe and should be deemed unsafe by the proper authority based upon appropriate testing. Until a better solution is found, the alleyway is the only viable solution at this time. • PAGE 4 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Coffee Channel, Continued) Richard Chock, 2213 Shadywood Road, indicated he was born and raised in this area and has used Coffee Channel many times as he was growing up. Chock stated he has seen a number of people go through the ice in this area and has rescued a number of people. Chock stated in his view a better solution needs to be found for the snowmobilers since they do help the economy of Orono. Chock indicated he has also used this alleyway in the past when the channel is unsafe, and encouraged the Council to leave the alleyway open until a better solution is arrived at. Mike Schultz, 3022 Bluffs Drive, Mound, expressed concerns regarding snowmobiling and the use of Coffee Channel. Schultz stated he understands the concerns of the adjoining property owners to the alleyway and that the issue of safety needs to be addressed. Schultz indicated more and more families are becoming involved in snowmobiling, with Lord Fletcher's being a popular place to visit. Schultz stated the young children riding snowmobilers are not always aware of the dangers of going through Coffee Channel and that the fire lane is the only viable, safe passage through that area at this time. Schultz encouraged the Council to keep the fire lane open. Roger Kirchner, 2000 Shadywood Road, presented pictures to the audience and City Council illustrating the alleyway and the damage caused by snowmobilers to his property. Kirchner stated he has young grandchildren who visit occasionally, with this property being owned by his family for the past 60 years. Kirchner stated back in 1971, a sign was erected by the City next to the alleyway saying no snowmobiling allowed. Kirchner stated their homes are located 25 feet apart, with their homes being • three feet from the fire lane, and due to the number of snowmobiles that utilized this fire lane, along with the noise they created, it caused their whole residence to shake and rattled the mirrors in their bathroom. Kirchner stated in his opinion this is not a safe, viable alternate for the people who live in these residences. Kirchner stated leaving this alleyway open to snowmobilers would greatly diminish their quality of life and they should not have to tolerate this situation. John Schultz, 3192 West Edge Boulevard, Mound, stated his property abuts Halsted Bay, with his property being utilized by the snowmobilers when Halsted Channel is unsafe. Schultz stated he has been approached by several different neighbors requesting this area be closed down but has refused due to safety reasons to avoid the necessity of people using the channel when it is unsafe. Schultz stated he is a snowmobiler and has lived on the lake for 27 years. Schultz pointed out these two properties are probably non - conforming under today's Building Codes. Schultz encouraged the Council to leave this alleyway open for snowmobilers due to the safety issues involved. Mark Hawkin, 3023 Ivy Lane, Mound, stated he has been snowmobiling on this lake for approximately 21 years now, with Coffee Channel being a concern. Hawkin stated the Water Patrol does issue a $90 ticket to people speeding in this area and does routinely check the ice in this area. Hawkin stated a better long -term solution needs to be found, with the alleyway being the only viable option at this time. David Soltau, 4608 Harriett Avenue South, Minneapolis, indicated his mother lives at 1998 Shadywood. Soltau stated he spends considerable time with his mother at her residence and is aware of the situation • and the trauma that it has caused to his mother. Soltau stated in his opinion snowmobiling is a privilege PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • (Coffee Channel, Continued) and not a right, with snowmobilers needing to exercise proper responsibility and caution when snowmobiling. Soltau stated his mother's quality of life was destroyed by the snowmobilers trespassing on their property, and in his opinion the Council should not say that crossing the road at this location is a safe alternate. Soltau stated due to the limited sight lines in both directions, the Council should not allow snowmobilers crossing the road in this area. Soltau reiterated that using the lake is a responsibility and a privilege and not a right. Dave Elmquist, 1930 Shadywood Road, stated he has experienced problems with snowmobilers for a number of years, citing the fact that snowmobilers cut through their property illegally. Elmquist stated if snowmobilers see one track, they assume it is a trail, which winds up being heavily used by a number of snowmobilers at one time. Elmquist stated since snowmobilers tend to ride in packs, you have to deal with the noise from every snowmobile, not just one, at every hour of the day. Elmquist stated the fact of the matter is that snowmobilers damage property, bushes, and gardens, and tend to use a wider area than what is designated as a trail. Elmquist stated in his opinion there are a number of snowmobilers who are not responsible and do make water skipping a game, which tends to keep the channel open more than anything. Elmquist stated the snowmobilers routinely take down the signs erected by the Water Patrol. Elmquist stated another alternative to leaving the alleyway open needs to be found, with these two property owners having a right to live in this community and to have a happy, quiet environment. Elmquist stated the snowmobiles on the market are able to do over 100 miles an hour, with Lord Fletcher's being a popular place for the snowmobilers. Elmquist reiterated that the fire lane is not a viable option in his opinion. • David Albertson, 3124 Brooks Lane, Minnetonka Beach, indicated he was born and raised at 2100 Shadywood Road, and has been snowmobiling the majority of his life. Albertson stated he has used this fire lane as well as the channel the majority of his life since his property is landlocked. Albertson stated he did not experience any problems using the fire lane until the past three years, noting the sign prohibiting snowmobilers was actually taken down for approximately ten years and was only recently put up again two years ago. Albertson stated he has been chased out of this fire lane by the Soltaus, with the police informing him that he does have a right to use this fire lane. Albertson stated he is in favor of this fire lane being left open for snowmobilers, noting the property owners being aware at the time they purchased their properties that there is a fire lane in this area. Albertson stated the residence was constructed that close to the fire lane because a variance was granted by the City. John Thimmesh, 1945 Fagerness Point Road, stated he is a snowmobiler and has used Coffee Channel in the past. Thimmesh stated he was unaware of this alleyway until last year when it was blocked off, noting he would have used this alleyway when Coffee Channel was unsafe. Thimmesh indicated snowmobilers do cause damage to property as well as to the lakeshore, but that the alleyway is probably the only safe alternative to the channel when it is unsafe. Janet Soltau, 1998 Shadywood, stated at the time she purchased this property back in 1988, she was assured by the City that the fire lane was used for emergency purposes only, with the previous property owner informing them that the alleyway was only rarely used by snowmobilers. Soltau stated the fire lane was posted no snowmobiling at the time she purchased the property. Soltau indicated they have stored a boat and a fifth- wheeler in the fire lane until 1998, when the City requested they move the boat. • PAGE 6 �J MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Coffee Channel, Continued) Soltau stated the fire lane was utilized by them for snow storage and has never been purposely blocked by them since it was always their understanding that the fire lane was not to be used by snowmobilers. Soltau indicated the sign was taken down for awhile due to some work that occurred on their property to correct drainage problems and was re- erected by Mr. Kirchner. Soltau stated it is her belief that this is not an appropriate place to send 300 snowmobilers or however many snowmobilers in one week. Bob Albertson, 2100 Shadywood Road, indicated his son did go around the area by the channel and collected 214 names on a petition. Albertson stated the names on the petition are taxpayers who pay to use the lake. Albertson stated unfortunately a solution will never be found that is 100 percent acceptable to everybody, and due to the safety issues with the channel, the fire lane offers the best solution at this time. Albertson suggested the fire lane only be used during the times when the channel is unsafe, which will probably be four to six weeks a year. Albertson stated by blocking this fire lane, it will result in more snowmobilers traveling through other people's private property. Albertson suggested the City check on the number of accidents that have occurred on County Roads 15 and 51, noting in his view crossing the road at this location should not be a problem. Sansevere inquired whether David Albertson told the people he approached with the petition that if the alleyway is closed it would result in snowmobilers going through their properties. . David Albertson stated absolutely not. Albertson stated he spent the time explaining the situation, with homeowners telling him that they have snowmobilers going through their yards. • Robert Kirchner, 2000 Shadywood Road, stated he disagrees with Mr. Albertson regarding the safety of the corner in this area, with the grade of the road going up as to come to the roadway. Kirchner stated in the wintertime the snow tends to block the view further. Kurt Silton, Mound, indicated the manufacturers of snowmobiles today are making snowmobiles quieter. Silton stated in general the snowmobiling community is concerned about the noise generated by snowmobilers, with steps being taken to address that issue. Carol Weiland, 1966 Shadywood Road, stated in her view the pictures shown by Mr. Kirchner are worth a 1000 words and that she would not want to put up with what those two property owners would have to put up with if snowmobilers are allowed through this fire lane. Weiland stated one main issue the Albertsons have discounted is the high volume of traffic in this area, with Shadywood being a hazardous intersection. Weiland encouraged the City Council visit that intersection and imagine what it would be like to see a snowmobiler coming. Weiland indicated she is not familiar with the ordinance referred to earlier, but to her knowledge there are a number of pathways that have been constructed alongside of highways for snowmobilers to use, which would eliminate the need for snowmobilers to go through people's yards. Weiland noted the Albertsons do live on the lake and are able to access the lake through their own property, and suggested that the Albertsons open their property up for snowmobilers. Mayor Peterson closed the public comment portion of the hearing at 8:36 p.m. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Coffee Channel, Continued) Sansevere stated he would like to hear from Orono's Police Chief and representative from the Water Patrol. Sansevere inquired whether the channel way is safe and whether the alleyway is safe in their opinions for snowmobiling. Police Chief Good stated she has learned in the short time she has been Orono's Police Chief that the Coffee Channel is never safe for snowmobiling. Good stated the use of the Shadywood access in her view is not an acceptable alternative. Good stated the role of the police chief as a public servant is to enforce whatever the Council decides, with no easy answers being found regarding this issue. Good stated there are public safety concerns on both sides of this issue, noting the City Ordinance that has not yet been discussed is that operation of recreational vehicles is unlawful where the operation conflicts with the lawful use of property or would endanger other persons or property. Good stated both sides of this issue need to be considered as far as public safety, but that in her view the use of snowmobiles in this location would conflict with the lawful use of the property. Good noted it is also unlawful for the owner of any recreational vehicle to permit the use of it on any private property without written permission of the property owner and on City property without the permission of the Council, which is the issue before the Council tonight. Brad Erickson, Hennepin County Sheriff's Department, stated he is confident in stating that the ice in the Coffee Channel is always unsafe due to the strong current in the channel, which tends to make the thickness of the ice vary in spots. Erickson stated the Water Patrol would like to see the alleyway remain open for Water Patrol use. • Sansevere inquired whether Erickson had an opinion regarding the safety of the fire lane for snowmobile use. Erickson stated that is a City issue for the Council to decide. Nygard inquired what kind of a problem it is for the Water Patrol if snowmobilers use the channel. Erickson stated it is a large problem for them, noting that a large number of snowmobiles and ATVs that go into the lake each year. Erickson stated there have been some serious injuries but no deaths to date. Nygard inquired whether Erickson feels that the fire lane should be open to public use due to the safety concerns of the channel or whether other options should be pursued. Erickson stated they would prefer to see a safe land crossing in this area, with the location yet to be determined based on tonight's comments. Nygard inquired whether they would like to see Coffee Channel permanently closed. Erickson stated that is one of the options that they would look at but is not aware at this time what the exact recommendation would be regarding closing it permanently. PAGE 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Coffee Channel, Continued) Sansevere stated at the beginning of the meeting he was willing to consider leaving open the channel when it was deemed safe by the Water Patrol, but based upon the comments by Mr. Albertson and the representative from the Water Patrol, he is convinced that is not the best way to go. Sansevere noted Albertson indicated the water could become open at any time, with Mr. Erickson indicating that the ice in that area is not safe at any time. Sansevere stated in his opinion there are safety issues with using the fire lane due to the closeness of the residences and that these two property owners should not have to live with this dangerous situation. Sansevere stated he would propose to close the channel and alleyway and leave it open only for use by the Water Patrol, with Staff being requested to work with the DNR on finding another viable solution. Mayor Peterson inquired whether the Water Patrol deems any part of the lake to be safe at any time. Erickson stated the Water Patrol would never say the ice is safe anywhere on the lake, especially in the channel. Sansevere stated he is not suggesting the entire lake be closed, but that the safety issues with using the channel need to be addressed. Nygard stated to his knowledge the City Council does not have the authority to close the channel and that the LMCD would have the proper authority to close it. • Sansevere suggested this item be discussed with the LMCD. • Flint stated there are a number of government agencies that would need to be involved with closing the channel. He would not subject any resident of Orono to the noise and vehicles using this fire lane. Flint stated in his opinion using the fire lane is not the best long -term solution and that if the alleyway is opened for snowmobilers, it may become the long -term solution and other options would not be explored. Flint stated in his opinion the City needs to continue to work with the DNR to allocate the appropriate funds to deal with this solution. Flint stated he would prefer some type of solution with the bridge be explored. Nygard stated this is a confusing situation and there are a number of issues that need to be considered. Nygard suggested a three -way stop at the intersection by the Super America station be considered in order to address the traffic concerns and help slow the traffic down in that area. Nygard stated unfortunately this is a large safety issue, with the responsibility of the Council being to address that safety issue. Nygard stated he would be in favor of closing the channel down periodically when there is open water and utilizing the fire lane. Nygard stated there are also issues relating to the bridge during the summertime as well that need to be addressed. White indicated he is in support of keeping the alleyway closed. White stated in his opinion most snowmobiling clubs are very responsible and tend to follow the rules, with the snowmobilers who do not belong to clubs tending to be the ones who do not always follow the rules. White stated in his view these two property owners who live next to the fire lane should not be subjected to the amount of traffic and noise that would be generated by snowmobilers. White stated he is in agreement that if the alleyway is left open, it may become the permanent solution, which is not a viable option. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Coffee Channel, Continued) Mayor Peterson indicated she also is in support of not opening the alleyway at this time and that this issue may be much larger of a problem than what the City perceives. Peterson suggested that the cities associated with the LMCD approach the DNR with this issue, noting that the lake is used by a number of different cities. Peterson concurred that the use of the lake is not a right but a privilege and that every resident needs to respect the rights of others. Peterson encouraged the City to continue to work with the DNR to find an acceptable solution to this problem. Sansevere moved, Flint seconded, to close the alleyway located between 1998 and 2000 Shadywood Road to all snowmobile traffic except use by the Water Patrol in emergency situations, and to direct Staff to work with the DNR and the LMCD to find an acceptable solution to the Coffee Channel, with City Staff being directed to block off the alleyway. Moorse stated he will discuss possible options for blocking off the alleyway, with one option available being to installing a gate across the alleyway with the Water Patrol being given a key to open the gate. VOTE: Ayes 4, Nays 1, Nygard opposed. (Recess taken from 8:56 p.m. to 9:12 p.m.) APPROVAL OF MINUTES (0) REGULAR COUNCIL MEETING OF SEPTEMBER 10, 2001 Flint requested the minutes be amended to reflect that a discussion was held regarding the construction of a trail along the north side of the Lee Carlson Fields and that the motion also include the requirement that the trail be constructed. Flint stated there was another aspect to the motion which also may not have been included, but at this time he does not remember exactly what it is. Sansevere stated he does not remember what his exact motion was. The Council requested the recorder review the tapes and amend the minutes accordingly. Flint moved, Sansevere seconded, to table the minutes of the September 10, 2001 City Council meeting pending clarification of the minutes. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — DEBORA HALVORSON, REPRESENTATIVE Halvorson reported the golf tournament sponsored by the Narrows Saloon was held recently, with the proceeds being allocated to the Park Fund. Halvorson stated at the present time the exact amount of profit has not been determined, but is lower than anticipated due to poor weather. The Park Commission is considering using the funds to possibly add a drinking fountain at the Navarre Park. Halvorson noted the Park Commission has not heard back from the MS Society on their request for financial assistance. PAGE 10 • • n LJ • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Park Commission Comments, Continued) The Park Commission is also considering purchasing new play equipment for Hackberry Park in the year 2002 at an approximate cost of $50,000. Halvorson requested the City Council consider including this item in next year's budget. Sansevere inquired how much is currently in the Park Fund. White noted it appears to be less than $50,000. White stated it is too late for the Park Commission to request any funds be put into the Park Fund for next year's budget. Flint stated the Park Commission would need to borrow the money from another fund and pay it back later. Halvorson stated Jim Anderst would like to make the golf tournament an annual event, with the proceeds being allocated to the Park Fund. Mayor Peterson indicated her appreciation to the Narrows Saloon for sponsoring this golf tournament. PLANNING COMMISSION COMMENTS — SANDY SMITH, REPRESENTATIVE Smith indicated she would be present at tonight's meeting to answer any questions the Council may . have regarding any of the applications. 0 LMCD REPORT — LILI MCMILLAN McMillan noted Greg Nybeck, Executive Director of the LMCD, is also present at tonight's meeting to answer any questions the Council may have. McMillan recommended a special committee be established to work on possible solutions to the Coffee Channel problem since it will involve a number of different cities and government agencies. McMillan noted the LMCD only regulates the surface water. Nygard suggested any improvements to the bridge over Coffee Channel be made to accommodate the larger boats as well. McMillan noted the next LMCD meeting is scheduled for October 10`h PUBLIC COMMENTS Jane Clemons, 2690 Caroline Avenue, read a letter expressing her dissatisfaction with the Council's demeanor concerning her comments at the September 10`h Council meeting. Clemons stated in her view the City does not consistently apply the ordinances, with several violations occurring at the residence adjoining her property, with Staff taking little or no action to correct the problem. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 40 (Public Comments, Continued) Sansevere attempted to explain that the point he was attempting to make at the Council meeting was that it is difficult for neighbors to resolve problems when the neighbors do not get along. Sansevere stated he does not recall anyone laughing at Mrs. Clemons and that it was not his intent to be disrespectful to anyone. ZONING ADMINISTRATOR'S REPORT ( #4) #01 -2692 ABC SUPPLY COMPANY, INC., 450 OLD CRYSTAL BAY ROAD NORTH — CONDITIONAL USE PERMIT — RESOLUTION NO. 4692 Myron Dahl, ABC Supply Company Representative, was present. Weinberger stated the ABC Supply Company has been leasing the VCI Capital Building since March of 2000, with the property being used to store construction supplies. Wholesale and warehouse businesses are listed as "permitted uses" in the Industrial District. The wholesaling operation permits ABC to receive and deliver materials in bulk amounts to and from vendors and contractors off -site. No individual retail is permitted in the Industrial District. The City is not aware of any regular retail operations occurring at this location. ABC's current use of the property is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. ABC is requesting a conditional use permit to allow permanent "outside storage" of stock materials on . the property. ABC has been storing materials outside on the site since moving to the property. Weinberger stated the primary need for outside storage will occur in the spring and early summer when there is expected to be excessive stock on hand for the upcoming construction season. The Zoning Ordinance does not specify what permanent or temporary outdoor storage would be. Staff has reviewed other cities' ordinances and has determined that 72 hours would be considered temporary storage and assumes that items are delivered on a Friday afternoon and are stored on the property until Monday when the items could be brought indoors. Weinberger stated Old Crystal Bay Road runs along the west side of the property line, with a 26 foot wide road, a gate, and an outside storage area located also on the west side of the property. The southern portion of the property consists of employee parking, with the Applicant agreeable to relocating the employee parking along the east side of the property in order to address parking concerns. Weinberger stated the outside storage area will consist mainly of roofing materials and other materials stacked on pallets two pallets high, between six to eight feet in height. In reviewing this application, Staff did take into account some concerns expressed by the adjoining residential property owners regarding screening and landscaping. The conditional use permit/Industrial District standards require the Applicant provide screening to buffer the storage area and activity associated with the outside storage area. The Applicant has agreed to place two signs on the property which requests that any vendor coming to this site would drive around to the building and park on the east side of the property. 9 PAGE 12 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 ( #01 -2692 ABC Supply Company, Continued) Weinberger stated the other issue before the Council is the language in the Comprehensive Plan, which says that industrial development will be controlled as to not encroach upon or adversely impact primary residential land uses in Orono. Weinberger stated the deliveries by large vehicles has been moved to an area where it is strictly industrial, with the parking also being relocated to lessen the visual impact to the adjoining property owners. The Applicant has agreed to construct a six -foot berm along with planting of six foot evergreen trees and other trees on and around the berm. Weinberger stated the resolution before the Council states that the Applicant will plant eight evergreens and eight hardwood trees, with the provision that evergreens could be substituted for the hardwood trees. Weinberger noted the resolution does not address the height of the trees, with Staff discussing with the Applicant that the height of the trees be six to eight feet in height. In addition, the activities associated with the outside storage area would be limited to the business hours specified by ABC Supply Company. All parking in relation to the operation of the business shall be in accordance with the revised plan, with contractor and employee parking being located adjacent to the building. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. City Staff and the Planning Commission is recommending approval of the application Weinberger stated one issue not included in the application is the City's desire to encourage the conversion of the industrial district uses to go towards light industrial, high tech, as well as • office /showroom type uses. Weinberger stated the use proposed by ABC is more of the traditional use that has been proposed for this area. 9 Dahl indicated he has nothing to add to Staff s report. White inquired whether the Applicant would be agreeable to planting additional trees along the property line in the area that is currently grass. Weinberger noted the property is being leased by ABC. Mayor Peterson indicated she would prefer 8 foot trees be planted. Dahl indicated he has have received a couple of estimates so far, with one person wanting $150 per tree and the other estimate being $22,000. Sansevere noted eight -foot trees on top of the six -foot berm would provide a 14 foot screen. Sansevere commented that smaller trees sometimes grow better than taller trees. Sansevere stated he is fine with either size. Flint stated he has a concern regarding the language in the City's land use plan, which talks about the change in the area and the City's vision for the area. Flint indicated the language addresses how it is important that the uses in the industrial park are compatible with the other uses in the area. Flint stated that ABC Supply is not really the kind of use that the City contemplated for this area, noting that other PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • ( #01 -2692 ABC Supply Company, Continued) industrial uses are also being contemplated for this district. Flint stated he likes the idea of extending the trees further to the north, but has a concern regarding the trucks being parked on Old Crystal Bay Road. Weinberger stated the parking of the trucks is not addressed in the resolution. Weinberger stated it might be more appropriate to post portions of Old Crystal Bay Road no parking since a lot of the vendors may not be aware of the conditions of the conditional use permit regarding parking. Flint stated he would like it included in the resolution in the event it continues to be a problem so the City can address that issue with the Applicant. Flint stated he also would not be opposed to posting no parking along Old Crystal Bay Road. Flint inquired whether the Applicant would be agreeable to planting additional trees. Dahl indicated he is agreeable to working with Staff on that issue. Flint stated he would be agreeable to going with six -foot trees due to the cost, with at least half of the trees being evergreens. Flint noted there is a significant difference in the cost between a six -foot tree and an eight -foot tree. White suggested that the Applicant plant trees that are more salt tolerant. Weinberger stated the distance from the north property line to the driveway is approximately 300 feet. • Flint stated based on that distance, an additional 35 trees may be needed. Flint noted there is no berm along the north side, with the trees tending to break up the building somewhat. Moorse inquired whether the Council would like the trees to be continuous along that area. Weinberger stated there would be eight trees planted on top of the berm and eight trees alongside the berm, which is approximately 125 feet. Flint recommended the trees be planted every 15 feet. Moorse stated the top priority is to screen the outside storage, with the other priority being to help screen the building. Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4692, a Resolution approving a conditional use permit to permit partial use of Lot 3, Block 1, for outside storage use at the property located at 450 Old Crystal Bay Road North, subject to language being included in the resolution requiring parking of the trucks being limited to the east side of the building, and an additional requirement that 51 trees be planted along the west side of the property, with a planting plan being submitted subject to review and approval by City Staff, with at least half evergreens and the remainder hardwood trees, with the evergreen trees being six feet in height. VOTE: Ayes 5, Nays 0. 0 PAGE 14 MINUTES OF THE ORONb CITY COUNCIL MEETING MONDAY, September 24, 2001 • *( #5) #01 -2706 RICHARD AND JANE STARK, 815 PARTENWOOD ROAD — VARIANCE RENEWAL — RESOLUTION NO. 4693 0 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4693, a Resolution granting renewal of variances to allow the remodeling and expansion of the existing residence located at 815 Partenwood Road. VOTE: Ayes 5, Nays 0. ( #6) #01 -2708 MICHAEL AND JEANIE MCCLELLAND, 2170 MINNETONKA AVENUE — VARIANCES — RESOLUTION NO. 4694 Michael and Jeanie McClelland, Applicants, were present. Weinberger stated the Applicants are requesting variances to permit a six -foot fence to be located in a defined side - street yard where no fences over 3.5 feet are allowed. There was an existing six -foot fence located along the property line for a number of years, with the fence having been replaced last year. It was determined the fence was replaced without the property owners obtaining a variance. The City had notified the property owners the fence could not be replaced in the existing location because the fence was nonconforming due to the six -foot height in a street yard. Weinberger stated Minnetonka Avenue in this area is only developed halfway through the lot, with no further intent on the part of the City to ever extend Minnetonka Avenue. The City's Municipal Code permits fences as a non - encroachment within required yard areas; however the height of a fence cannot exceed 3.5 feet if located in a street yard. The Applicants' property is defined as a corner lot with two street yards. Properties located in the RR -113 Zoning District have a required setback of 50 feet to the property lines. A six -foot fence could be constructed but only if constructed 50 feet from the property line. The Planning Commission recommended approval of the variance by a vote of 5 to 2. It was the minority opinion of the Planning Commission that no apparent hardship was found to allow a six -foot fence to be located in the side street setback. The recommendation is subject to the conditions that the fence shall be reconstructed with the finished side facing outward or to the south of the property line and the fence shall be constructed entirely on the property. The Applicants are in agreement with those requirements. The property owner to the north is in agreement with the fence. Staff recommends approval of the application based on the fact that the property is a corner lot with one street frontage located adjacent to a no- developed street that is not planned to be further developed or improved. The side yard adjacent to the street functions as an interior side lot line. The intent of the Ordinance is to not allow fences over 3.5 feet to be located in a functional street yard. McClelland had nothing to add to Staff's report. Sansevere inquired what hardship the Planning Commission determined existed. Sandy Smith, Planning Commission, indicated the minority of the Planning Commission did not feel that a hardship existed based on the topography of the land. Smith stated in her view the location of the lot would support a six foot fence. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 is ( #01 -2708 Michael and Jeanie McClelland, Continued) Sansevere stated in his view the Council may potentially be setting a precedent by approving the variance. McClelland stated his neighbors to the east are not very neat and have a scrap metal pile in his yard along with a boat that is rather unsightly. McClelland stated the residence has gone for two years without any siding on the house. McClelland stated the fence was removed to accommodate the neighbor's son's wedding and to repair a portion of the fence that was damaged by a large tree. McClelland stated when they purchased the property they were required to sign a paper saying they would maintain the fence and keep it in good repair, which in his view is what he attempted to do. Mrs. McClelland stated the fence was paid for and erected by the neighbors in this area prior to them purchasing the property. McClelland stated the City apparently approved the fence at that time and they were required to sign a piece of paper saying they would maintain the fence. Mayor Peterson stated it is her recollection the fence was allowed due to the problem being experienced in that neighborhood with one of the residents. Sansevere inquired whether this was a full replacement or a partial repair of the existing fence. McClelland stated it is a partial replacement. • Nygard inquired whether the fence is currently on city property. McClelland stated approximately two years ago they had their property resurveyed and discovered that the fence was originally constructed in the right -of -way. McClelland stated they are agreeable to relocating the fence outside the right -of -way and to construct the fence with the good side facing out. McClelland stated he did speak with Staff regarding that issue and was told the City does not regulate which side the fence must face. Gaffron stated it could be argued that this is a replacement of an existing fence in a more conforming location. Gaffron stated there was a six -foot fence located in this area, with the fence being relocated to be outside the right -of -way. Gaffron stated the Code is clear that if a structure is replaced, it should be conforming. McClelland stated he removed the fence to protect it while removing a tree in the area. Moorse stated it is his understanding there was no intent to permanently remove the fence, with the fence being relocated to a more conforming location. Weinberger stated the majority of the fence has been replaced. McClelland stated he did reuse a number of the posts but did replace some of the fence panels. Tom Barrett, City Attorney, stated if the Council considers a visual hardship in this case, they could be required to consider it in other applications. • PAGE 16 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • ( #01 -2708 Michael and Jeanie McClelland, Continued) White stated the hardship needs to be able to be defended by the City, with other issues outside of topography being considered as a hardship. Moorse stated if a visual blight is cited, the specific hardship could be identified in the resolution. Gaffron stated all these pieces together create a hardship rather than one particular item. White moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4694, a Resolution granting variances to permit a six foot privacy fence to be constructed within the 50 foot side yard adjacent to the street setback where a 3.5 foot fence is permitted for the property located at 2170 Minnetonka Avenue, with the understanding the "finished" side of the fence will face outward. Nygard stated in his view the Council is treading on dangerous ground by considering a visual hardship. Nygard stated the biggest hardship in his view is the side street yard situation. Nygard stated while a three -foot fence is allowed in a side street yard, a six foot fence is allowed in a side yard. Mayor Peterson stated this fence has existed for the past 20 years, with the visual impact not being included in the resolution. Peterson stated people are allowed a six -foot fence within a side yard. Gaffron stated he is not entirely convinced that visual issue is not a hardship given the circumstances. . White stated in his view this is a unique situation given the location of the property. r� �I Smith stated it was a concern of the Planning Commission that considering visual blight could be setting a precedent. Flint stated he does not have a problem with the application, noting the Applicant only intended to remove the fence for a temporary period of time. Flint stated technically there is not a developed street in this area, so that the side street yard is functioning as a side yard. Nygard stated the focus of the discussion is that the fence did exist, and that the side street yard is functioning as a side yard rather than focusing on a visual blight. VOTE: Ayes 5, Nays 0. *( #7) #01 -2709 RICHARD R. SHULL, 2285 FRENCH LAKE ROAD — VARIANCES — RESOLUTION NO. 4695 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4695, a Resolution granting variances to permit the construction of a two -stall garage to the east end of the residence and a new entryway over existing steps for the property located at 2285 French Lake Road. VOTE: Ayes 5, Nays 0. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 *( #8) #01 -2713 DIANE AND DOUGLAS MERZ, 380 TURNHAM ROAD, AFTER -THE -FACT VARIANCES — RESOLUTION NO. 4696 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4696, a Resolution granting after - the -fact variances to permit the construction of a three foot overhang over the front entrance of the residence located at 380 Turnham Road. VOTE: Ayes 5, Nays 0. ( #9) #01 -2715 JOHN M. BAILEY, 2807 CASCO POINT ROAD, VARIANCES — RESOLUTION NO. 4697 The Applicant was not present. Weinberger stated the Applicant was present earlier but apparently has left. Nygard requested the hardcover calculations not include removal of landscape plastic and rock. • Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4697, a Resolution granting variances to permit structural repairs and the addition of a foundation below an existing garage located 1.1 feet from the property line and to permit an alteration to existing hardship to permit replacement of a deck and patio and the addition of a 40 square foot paver walkway in the 75 -250' lakeshore setback for the property located at 2807 Casco Point Road. VOTE: Ayes 5, Nays 0. • *( #10) #01 -2717 TED AND JUDY SPOONER, 700 TONKAWA ROAD, AFTER - THE -FACT VARIANCES, RESOLUTION NO. 4698 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4698, a Resolution granting after - the -fact variances to permit construction of retaining walls by the lakeshore and a conditional use permit for land alterations within the 0 -75' setback area for the property located at 700 Tonkawa Road. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT *( #11) IOCP PROCLAMATION Flint moved, Sansevere seconded, to approve the Proclamation proclaiming the week of November 17 -24 "Housing Week" in the City of Orono. VOTE: Ayes 5, Nays 0. Sansevere stated it is his understanding regarding Mrs. Clemons' letter that Staff did respond promptly to the Clemons' concerns. Sansevere stated it was not his intent to mock her by any of his comments at the previous Council meeting. Moorse stated Staff has responded quickly to the Clemons' concerns, with his understanding being that the Clemons were satisfied with how things were being handled until recently. Moorse indicated Staff • PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 (Mayor /Council Report, Continued) has visited the site numerous times. Nygard stated to his understanding part of the problem may be that the City did receive a letter from the developer back in May stating that all of the grading and drainage work had been completed when in actuality work was not totally completed until sometime in July. White indicated he has visited the site three times in response to the Clemons' concerns. Nygard suggested that consideration be given to a three -way stop sign on Shadywood by the Super America store. White and Peterson indicated they would be opposed to a three -way stop at that location Nygard stated something needs to be done to reduce the speed of traffic in that area. White stated that area is posted 35 miles per hour, with the police regularly patrolling that road. Mayor Peterson recommended Staff review the traffic records and number of accidents at this location to determine whether some steps need to be taken in order to improve the traffic situation in this area. Nygard indicated he would be interested in serving on the committee dealing with the Coffee Channel • and snowmobile issue. n U PUBLIC SERVICE DIRECTOR'S REPORT None CITY ADMINISTRATOR'S REPORT *( #12) HOUSING PLAN LANGUAGE CLARIFICATION Flint moved, Sansevere seconded, to approve the revised language and goals in the Housing Element of the City's Comprehensive Plan as proposed by Staff, with revisions if desired. VOTE: Ayes 5, Nays 0. ( #13) LONG LAKE FIRE SERVICES BUDGET ADJUSTMENT Sansevere stated he is satisfied that Orono is not paying for the awards based on the letter received from Long Lake. Sansevere indicated it was his understanding that the $3,000 was a fixed cost every year. Sansevere questioned why it exceeded $3,000. Moorse stated at the time the $3,000 was discussed, it included salaries and not benefits. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • (Long Lake Fire Services Budget, Continued) Flint stated it is his recollection that the $3,000 was to be a general and administrative expense. Sansevere stated it was his understanding that number was a fixed amount. Flint indicated he has the same understanding. Moorse stated the agreement as worked out was that it would be $3,000, with this amount being the amount budgeted back in 2000. Moorse stated in reality it is not a fixed cost, with the actual salary being higher than $3,000. Moorse stated the agreement that was worked out between the cities does not go into effect until the year 2002. Sansevere stated it was his understanding the previous agreements also had it as a fixed cost of $3,000. Flint stated the agreements in the past have never specified $3,000. Moorse stated the $3,000 amount in the past was put into the budget but would vary from year to year. Sansevere moved, Flint seconded, to approve the expenditure of $5,940.31 as the City's share of the year 2000 Long Lake Fire Department budget overage, and to approve a budget adjustment to reflect the expenditure. VOTE: Ayes 5, Nays 0. • *( #14) LONG LAKE FIRE DEPARTMENT FIRE TANKER EXPENDITURE AND BUDGET ADJUSTMENT Flint moved, Sansevere seconded, to approve a budget adjustment in the amount of $6,620.20 in the Improvement and Equipment Outlay Fund to reflect the expenditures for the tank replacement on Tanker 11 and the additional expenses for Tanker 12. VOTE: Ayes 5, Nays 0. *( #15) LONG LAKE FIRE STATION OWNER'S REPRESENTATIVE Flint moved, Sansevere seconded, to authorize the hiring of Constructive Ideas, Inc., as the owner's representative for the fire station project, to authorize a contract to be prepared to set out the scope of work of the owner's representative as well as the terms and conditions of the service arrangement, and to authorize the Mayor and City Administrator to sign the contract after review and approval by the City Attorney. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Barrett noted the Sprint PSC lease proposal will be brought to the Council for consideration at its October 8`h meeting. • PAGE 20 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • *( #16) LICENSES None , *( #17) BILLS Flint moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. G1 0011130,11:4 zo 0 Flint moved, Sansevere seconded, to adjourn the meeting at 10:57 p.m. There being no further business to discuss, the meeting was adjourned at 10:57 p.m. ATTE T: y Linda S. Vee, City Clerk L 0 Barbara A. Peterson, Mayor PAGE 21