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HomeMy WebLinkAbout10-22-2001 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. ROLL The City Council met on the above - mentioned date with the following members present: Acting Mayor Richard Flint, Council Members Bob Sansevere, Jim White, and Jay Nygard. Mayor Barb Peterson was absent. Representing Staff were City Administrator Ron Moorse, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, and Recorder Jackie Young. City Attorney Tom Barrett arrived at 7:28 p.m. Acting Mayor Flint called the meeting to order at 7:03 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 15, 16, 17, 18, 20, 21, 23, 24, 25, and 26 were.added to the Consent Agenda. White moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. PRESENTATIONS • ( #2) LAKE MINNETONKA COMMUNICATIONS COMMISSION -2002 PROPOSED BUDGET Sally Koenecke, Lake Minnetonka Communications Commission, addressed the City Council regarding the Commission's 2002 budget. Koenecke indicated the budget involves three separate funds consisting of franchise administration, studio /access production, and capital improvements fund. The LMCC is also including in the budget this year an audit of Mediacom's financials, which is a one time item at a cost of $17,000. Koenecke stated the LMCC is a 16 -city joint powers agreement which monitors the franchise agreement with the cable company. Koenecke stated one part -time position is being added to the studio in an effort to get more programming out, with the studio being available to all 16 cities to produce television programming for their city. Flint inquired what a resident should do in the event the cable company does not satisfactorily resolve a complaint. Koenecke stated the person with the complaint should first call the cable company, and if the complaint is not satisfactorily resolved, they should call the LMCC and ask for herself. Koenecke stated she then would file a formal written complaint with the cable company, who has a certain period of time under the franchise agreement to respond to that complaint. If it is not resolved, it would then become a violation of the franchise agreement. Koenecke indicated in the past they have always experienced good response from the cable company except during the recent major upgrade when a number of • changes were made in the services. Koenecke stated those problems are being now resolved and things are running smoother. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #2 — Lake Minnetonka Communications Commission, Continued) Sansevere inquired what percentage of Orono is served by cable. Koenecke stated she does not have that data available at tonight's meeting but would be able to supply that information. Koenecke recommended at the time new development is going in, the City should contact the commission to notify them of the new development going in so cable can be installed at that time. White moved, Nygard seconded, to concur with Orono's portion of the Lake Minnetonka Communications Commission proposed 2002 budget. VOTE: Ayes 4, Nays 0. ( 0) WESTONKA SCHOOL DISTRICT — INFORMATION REGARDING REFERENDUM ELECTION Dr. Pam Meyers, Superintendent of Westonka School District, addressed the Orono City Council regarding the school's upcoming referendum. Meyers stated the referendum is needed in order for the school to continue to keep quality teachers, to continue current programming, and to maintain small class sizes. Meyers noted this is a referendum for operating expenses, which is different than the referendum they passed last year for routine maintenance and technology. • Meyers stated due to recent tax cuts the Westonka School District will only receive a 0.3 percent • funding increase for 2001 and 2002, and 1.5 percent for 2002 -2003, which does not keep up with the rate of inflation. Meyers stated if the referendum is not approved, the Westonka School District would need to cut programs and increase class sizes. Sansevere inquired what the response has been to the proposed referendum to date. Meyers stated the families that currently have children in the school district are very supportive of the referendum, with the rest of the households generally being supportive of the referendum. Meyers noted only 30 percent of the households currently have children in the school district. Meyers stated they are attempting to inform the households without children currently in the school district the importance of this referendum. Meyers indicated the levy amount is anticipated to decrease over the years based on anticipated growth in the school district. Nygard inquired why Westonka would only be receiving a 0.3 percent increase. Meyers stated there currently are 350 school districts throughout the State of Minnesota, with each school district being impacted differently. Meyers stated there are 20 elements that are considered when determining state funding, with the Westonka School District only receiving money for certain categories. Flint thanked Meyers and O'Malley for appearing before the City Council. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. ( #4) FOREST LAKE LANDING PUBLIC RIGHT -OF -WAY Flint noted this item has not been noticed as a public hearing, with the Council merely acting on the recommendation of the Park Commission regarding classification of this lake access point. Moorse stated the Park Commission has recommended that the Forest Lake Landing be classified as a Class I, which includes activities such as pedestrian access to the lake, fishing from shore, and launching canoes and other small boats not requiring a trailer. The Class I category does not include the swimming beach use. The Park Commission has recommended against classifying the right -of -way as a passive natural area. Moorse stated the City Council may wish to address the question of whether a trail should be installed in the right -of -way and whether a set of stairs should be installed to provide access down the hill to the lakeshore. Sansevere inquired what Planning Director Gaffron's recommendation is concerning this access point. Gaffron indicated his knowledge of this access point goes back approximately 20 years, with his understanding being that this access point has not been frequently used in the past, with the City never • taking any steps to do any improvements to the area. Gaffron stated in his view very limited use of this access point is reasonable, with pedestrian access to the lake also being reasonable. Gaffron stated in his opinion installation of a dock or swimming is not reasonable for this location, and that perhaps some fishing could be done from the lakeshore. 0 Gaffron stated there is an issue with parking in the neighborhood. Gaffron stated in his view these lake access points are intended to serve the neighborhoods in which they are located. Sansevere commented in his view this access point should be passive. Sansevere stated in his opinion fishing or swimming is not appropriate at this site. White stated the encroachments from the Mullin property do pose a problem with this access point, with the Council or Park Commission not suggesting at this time that those items be removed out of the right - of -way. White stated all of the lake access points are public property, and in his view this access point will not become heavily used. White commented in his view the uses suggested for this site appear to be reasonable and that the City can address any problems that may possibly arise in the future at the time there is an issue. Nygard commented in his view there has been a struggle over the past year over whether anyone should be entitled to use this lake access point. Nygard stated this is public land, and that the recommended passive use for this lake access point is appropriate for this location. Nygard stated he is supportive of making this site accessible and to make it safer for people to get to and from the shoreline. Nygard stated the City has an obligation to protect these lake access points, which are a priceless heritage, for future generations. Nygard stated he is in favor of the Park Commission's recommendation. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • ( #4 — Forest Lake Landing, Continued) Flint inquired whether the Council should vote on the classification first and then whether a pathway should be designated next, or whether the Park Commission should explore the issue of a designated pathway more. Moorse stated he is unsure whether the Park Commission has made a formal recommendation regarding the pathway or its location. Moorse stated it is up to the Council whether they wish to address both issues tonight or direct the Park Commission to discuss the pathway and stairway further. Sansevere stated he would like more information regarding the pathway and steps, as well as how many of the other lake access points will also need a stairway constructed. In response to a comment from a person in the audience, Flint indicated he would prefer this item not be opened up for public comment. Gail Blackstone, 4465 Forest Lake Landing, stated the Mayor had indicated at the last meeting that there would be a public hearing regarding this item. Flint stated the Council has a large agenda tonight, noting there have been a number of opportunities for the public to comment on this particular landing. Flint stated the Council did hold a public hearing on this item already. • Jon Blackstone stated the notice they were given stated there would be a public hearing. Flint stated his understanding of the notice that was given was to notify the residents that the Council would be voting on the recommendation of the Park Commission tonight. Gail Blackstone requested she be able to give a copy of the notice to the Council. Sansevere stated if the notice does state there would be a public hearing tonight, the Council should perhaps open the hearing for comments. Moorse stated this item was not noticed as an official public hearing, but the notice does indicate there will be opportunity for public comment. Moorse stated it is his recollection there was a meeting where there was public comment on this item for over an hour, with the Mayor indicating that the neighbors would be notified when this item was before the Council again. Flint inquired whether two residents in favor of the classification and two residents opposed to the classification could be appointed to speak on this issue. Gail Blackstone requested that everyone who received notice of this matter be given the opportunity to speak. Flint indicated whoever had comments would be heard, but requested that each person limit his or her comments to three minutes. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. ( #4 — Forest Lake Landing, Continued) Lisa Mullin, 4440 Forest Lake Landing, commented her biggest concern regarding this lake access point is the lack of a buffer between her property and the right -of -way. Mullin stated her property is located almost on top of this access, with her well, a portion of her driveway, front steps, deck and approximately one -half of her yard being located in this proposed access. Mullin stated she is a single mother and has concerns regarding strangers using this access point and others at all hours of the day, which makes her feel extremely unsafe. Sansevere inquired what Mullin would like to see happen with this lake access point. Mullin stated a natural area for this site is very reasonable. Mullin stated she would not be opposed to a few neighbors using the site, but commented the City cannot control who uses this site. Mullin reiterated a natural classification for this site is the most reasonable given the logistics of the neighborhood. Sansevere inquired whether she would prefer to see a stairway constructed. Mullin stated she would like to see a stairway constructed. Nygard inquired whether Mullin thought the illegal deck, driveway and well located in the right -of -way • deterred people from traversing in this area. Mullin stated they legally are entitled to use this lake access point, but questioned whether they would care about her property. Mullin stated she is unsure how the City could have allowed those structures in the right -of -way in the first place and then years later come back and say they will now be opening it up to the public. Nygard stated the City did not allow any of it and they were put there illegally. Flint requested the Council hear from another resident. Dick Osgood, Executive Director of the Lake Minnetonka Association, stated he has been working with Staff on this issue and has sent a letter to each of the Council members. Osgood inquired whether the Council has received that letter. Flint indicated they did receive a letter several weeks ago. Gaffron stated the letter was included in the Council packet approximately one month ago. Osgood stated their concerns are with the City's process of considering these accesses as a class rather than this one per se. Osgood stated since this is the first access point to come before the Council, he would like to express their concerns. Osgood stated Lake Minnetonka is a public body of water, with everyone having access to it. Osgood stated the lake is used on an extensive basis, and suggested that a more appropriate access site be found, which can provide adequate services. Osgood further stated he would like to see natural landscaping used as a means of restoring some of these shorelines. PAGE MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • ( #4 — Forest Lake Landing, Continued) Gail Blackstone, 4465 Forest Lake Landing, indicated she and her daughter have attended all the public meetings regarding this access point. Blackstone expressed safety concerns if this access point becomes more heavily used, citing a number of small children in the area, the lakeshore being secluded from the roadway, the lack of a buffer to the neighbors' properties, and the lack of parking in the area. Blackstone inquired why the Council is considering developing this access point now when the City in the past has chosen not to actively develop it. Blackstone suggested this area be left natural as it has existed that way for a number of years. Blackstone noted the Park Commission has indicated it has very limited funds to make any improvements to the local parks, and questioned whether thousands of taxpayer dollars should be spent to construct a stairway when it has experienced very little activity in the past years. Blackstone indicated there is an access to Lake Minnetonka located across the road that does not need additional development or oversight. Blackstone stated the police are able to view that area from their cars on the roadway without having to leave their vehicles. Blackstone stated although she is unaware of what permits are required to permit a well and other structures to be located within the right -of -way, she is under the assumption the City did approve those structures at the time they were constructed. Val and Bob Wolff, 4450 Forest Lake Landing, addressed the Council regarding this access point. Mrs. Wolff stated due to the location of their house, they will be greatly affected by use of this access point and the added traffic that will be generated. Wolff stated in her view this access point is not conducive to this type of use and that the area should not be used for fishing or swimming. Wolff stated in her opinion the area should be left natural. Wolff expressed safety concerns for herself and her grandchildren if this access site is to be opened up to the general public. Wolff expressed concerns that this situation could become similar to the land access point near Coffee Channel. Wolfe requested the Council take into consideration all of the residents' concerns. Mr. Wolff commented since September 11th, security has become a main issue with most people, and by opening up this little area, it will make it public to a number of people. Wolff stated the distance between the Mullin property and the Lines property is 104 feet. Tim Lembke, 4445 Forest Lake Landing, presented a resolution to the Council for their consideration requesting this area be classified as a natural area. Lili McMillan, LMCD, stated she has two observations she would like to comment on. McMillan recommended if any improvements to this fire lane are made over what has historically been there, the uses allowed should be very specific along with adequate enforcement. McMillan stated in her view if improvements are made to this particular site, it may change the use of it and additional enforcement may become necessary. McMillan stated in her view fishing and swimming are really not compatible in an area like this, and cautioned the Council against allowing the two uses together. McMillan commented fishing and s PAGE 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #4 — Forest Lake Landing, Continued) swimming also tend to be things where people will stay in a particular area for an extended period of time versus launching a kayak or a canoe, and would have a different impact on the property. Tim Line, 4415 Forest Lake Landing, indicated he lives next door to this access point. Line expressed safety concerns should this become more heavily used, citing recent break -ins and a peeping Tom that the neighborhood has recently experienced over the past summer. Line stated at the time they purchased their property the access point was dormant and they were told the City does not have any intentions for developing the site. Line stated they are very concerned about the safety of the neighborhood and people who do not live in the immediate area that would use it and how this area would be policed. Line suggested the City consider developing some type of pass for the people who are entitled to use the lake access points. Line noted this street is very narrow, with no parking being allowed on the street. Line stated due to the narrowness of the street, people who drive down the street have to back up in someone's driveway in order to turn around. Line stated he also has a concern regarding the maintenance of these access points, noting the Park Commission has very limited funds to do improvements. Line stated Orono's parkland continues to grow, but the funds to improve these areas have not been increased. Line stated in his view there needs to be a plan in place for maintaining these areas. • Line further expressed concerns regarding the policing of these areas, noting that the onus of maintaining this access point will be upon himself and the other adjoining property owner. 0 Line stated they are in favor of this area being classified as a natural area, noting that over 60 people did sign the petition saying they are supportive of that concept. Line requested the Council consider classifying this site as a natural area. Shirley Bull, 4690 Tonkaview Lane, encouraged the City Council to follow the recommendation of the Park Commission and restore this access point. Bull indicated the three other access points located on Forest Lake are undeveloped and are inaccessible due to the topography. Bull commented since the Forest Landing access point is the widest site and the only one located on the west side, it would make the most sense to utilize this access point. Bull stated in speaking with other residents interested in this access point, it is her belief that there will not be a great increase in the amount of usage of this site or in the traffic. Bull indicated the City of Orono already owns a great deal of natural area in the Saga Hill neighborhood, which is in close proximity to this site. Bull stated she lives next to the Saga Hill area and she had concerns regarding the amount of traffic that would be generated by the usage of this area. Bull stated the amount of traffic generated utilizing the Saga Hill area is minimal, and in her view the same will be true for the Forest Lake Landing. Bull pointed out there have been a number of break -ins all over the City and not just limited to the Forest Lake Landing. Bull commented the City of Orono's philosophy in the past is that any resident should have access to the lake, which should be maintained. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #4 — Forest Lake Landing, Continued) Flint inquired whether Bull was in favor of swimming at this location, noting the Park Commission's recommendation does not include swimming. Bull stated she would not have a problem if swimming were not allowed at this location. Peter Martinson, 4416 Forest Lake, indicated he has recently purchased his property, and had he known about the access point, he would not have acquired the property. Martinson expressed concerns regarding the possible liability to the City if someone gets hurt at this right -of -way, noting there is a fairly steep embankment to the shoreline at the present time. Martinson stated he would be in favor of the area being turned into a natural area, but is opposed to it being used for any other purpose. Sansevere inquired what the City's liability would be if someone got hurt carrying a canoe or other small boat down to the shoreline at any access point. Tom Barrett, City Attorney, stated the liability concerns would be the same for all access points, with the City being insured. Barrett stated the City does have an obligation to make appropriate access for the uses allowed. Patricia Affeldt, 4765 Tonkaview Lane, indicated she currently resides next to the park entrance to Saga Hill, and in her view some of the opposition to this access point is the "not in my back yard syndrome ". • Affeldt stated the Saga Hill area experiences very little traffic, with the park generally being used by the people in the neighborhood. Affeldt stated the important issue before the Council is to determine whether access should be available to those residents who do not reside on the lake. Affeldt stated the City could post no parking in this area, which should alleviate the traffic concerns. Jon Blackstone, 4465 Forest Lake Landing, stated the City Council needs to take a close look at their decisions that impact the security of any area, especially in light of the recent past. Blackstone stated in his view the City is not preserving this lake access point but rather developing it. Blackstone stated the access point has not been used in recent years. Blackstone indicated they do experience additional traffic in their neighborhood due to the Lines residing in their neighborhood, and in his view this access point will only increase the traffic to the area. Blackstone stated he would like the Orono Police Department to patrol this area. Blackstone encouraged the City Council to classify this area as a natural area, noting the Park Commission was split on a four to three vote. Marsha Hickey, 4640 Tonkaview Lane, commented most Americans are in a higher state of security nowadays, and in order to alleviate some of these safety concerns, the residents in the neighborhoods need to get to know one another. Hickey stated in her view the only people who will utilize this access point are the neighbors, and that fishing at this site should be restricted. Hickey indicated it is her belief the people who utilize this access point will respect Lisa Mullin's privacy, and inquired what will happen to Mullin's well and deck and other structures if this site were turned into a natural area. Rich Walter, 4470 Forest Lake Landing, stated the issue for him is the suitability of this access point. Walter stated in order to make the Forest Lake Landing access point a suitable, legal, and liability-free PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #4 — Forest Lake Landing, Continued) access, the City would need to construct a stairway due to the topography by the lakeshore. Walter commented in his view taxpayer money could be spent in a better way to provide access to the general public than by improving this area. Walter stated he also has concerns regarding security, noting this area is not visible from the roadway, which can lead to a number of issues. Walter stated people cannot say with any certainty that this access point will only be used by the residents in the Tonkaview area. John Hollander, 200 Hollander Road, inquired whether this was a platted subdivision and if the road is private or public. Flint stated the fire lane is a platted public road. Ed Garlock, 1179 Elmwood Avenue, stated he lived on the other side of Forest Lake for 30 years, and enjoyed watching his kids play in the area by the Lines house over the years. Garlock stated in his view it should remain as a natural area, and suggested the City deal with the Mullin issue prior to approving this access point. Flint closed the public hearing at 8:26 p.m. • Sansevere commented he has visited this access point, and in his view the area is too secluded to allow unlimited type access. Sansevere stated he has issues with fishing and swimming, and would like to see the lily pads in that area protected. Sansevere commented he also feels the residents in that area are entitled to certain protections and that this area should be kept more passive. Sansevere suggested limiting this access point to pedestrian traffic only, with no fishing or swimming allowed. Sansevere inquired what the 1940 Supreme Court case involved. Tom Barrett stated that case dealt with the question of whether a township or municipality had appropriately vacated a public access to Lake Minnetonka, with the Supreme Court placing a high value on the people's right to access the lake. Barrett stated the method for vacating a public access has changed somewhat. Sansevere stated he does have concerns for the people who live next to these lake access points. Sansevere noted the majority of the people who live near this access point would prefer the area be made into a natural area. Sansevere stated he would prefer this access point remain passive, with the uses being restricted due to the area being secluded. White stated the biggest issues with this access point are the parking and the security. White noted crime has actually gone down since September 11`x' due to people becoming more vigilant. White stated he would like to see the vegetation in the water remain in front of the lakeshore, noting that fishing and swimming would destroy that. White stated he is not in favor of giving away public property, and commented the classification of this site and the permitted uses are very important. White stated the uses being suggested by the Park PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #4 — Forest Lake Landing, Continued) Commission are very minimal, and recommended the parking issue be further discussed. Gaffron stated currently no parking is allowed on the street in this area. Gaffron stated the turnaround was created to enable people to turn around if they missed seeing the dead -end sign. White stated in his view the City will need to delineate the lake access point in some way, and that the Mullin's well will also need to be addressed. White recommended should the well ever be replaced, the well be relocated on Mullin's property. Sansevere commented in his view the City needs to take some steps in order to help protect Mullin's right to privacy. Nygard stated to his knowledge the City Council has not suggested that the City will be spending a significant amount of taxpayer money to improve this site. Nygard stated the issue of security has been raised numerous times, and if that logic were to be applied, the City would need to close down every other lake access point because there will be people using the lake access point that are not always known to everyone in the immediate area. 0 Nygard stated he is still in favor of passive use for this access point, noting he is in favor of the recommendation by the Park Commission with the inclusion of fishing. • Flint commented he has always viewed this as a neighborhood access to the lake, and would be in favor of keeping it open. Flint stated one of the important issues to address is distinguishing between the Mullin's property and the pathway down to the lakeshore. Flint indicated he is in favor of the Class I classification recommended by the Park Commission, with fishing being restricted. Sansevere moved, White seconded, to approve a Class I classification for the Forest Lake Landing, with the following uses being allowed at this site: Pedestrian access to the lake and launching canoes and other small boats not requiring a trailer, with the understanding no fishing or swimming will be allowed at this site. VOTE: Ayes 4, Nays 0. Flint inquired whether the City Council wanted to address the location of the pathway and whether steps should be installed at this site. It was the consensus of the City Council to refer this matter back to the Park Commission for their recommendation on those two items. (Recess taken at 8:43 p.m. to 8:53 p.m.) PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. APPROVAL OF MINUTES *( #5) REGULAR COUNCIL MEETING OF OCTOBER 8, 2001 White moved, Sansevere seconded, to approve the minutes of the Regular City Council Meeting of October 8, 2001, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Pauline Bouchard, Representative Bouchard reported the Park Commission has been continuing to receive some donations from the local residents in the City, noting one resident has planted some daffodils in the Navarre Park and the Narrows Saloon has donated the proceeds from a golf tournament held at the end of the September. In addition, Barb Wolf with Lutheran Aid has also donated two benches for the Seven Nations Park. Bouchard stated the Park Commission has not yet received a response back from the MS Society regarding their request for possible funding of a drinking fountain at the Navarre Park. The Park Commission has been approached by a local resident interested in donating money or equipment towards the building of a skate board park on park property. Bouchard stated the Park Commission feels a dedicated skate board park would be frequently used and that the Crystal Bay Park would be a good location for this type of facility, especially if a portion of the road in that area is vacated. • Bouchard indicated the Park Commission does have concerns regarding the funding of the parks in the year 2002, and would like to have a work session with the Council to discuss this issue. Bouchard stated the Park Commission would like the Council to consider possibly allocating any monies received from the cellular telephone antenna tower to the Park Fund. Flint noted the City Council did not approve a cell tower in that area. Bouchard commented the City of Orono is rich in parkland, but the City is far behind in making any type of improvements to these parks to enable the local residents to enjoy these areas. Bouchard noted the City of Minnetonka has approved a multi - million dollar referendum to fund their parks and open spaces. Bouchard inquired whether the letter to the residents near the French Creek Preserve has been sent out. Bouchard noted this item has been discussed for a couple of months now. Bouchard noted a sign has recently been posted saying dogs must be on a leash, which is different from the Park Commission recommendation requesting that no dogs be allowed in this area at all. Flint suggested Public Works Director Greg Gappa be contacted regarding the status of the letter. Moorse stated it was his understanding it was also mentioned in the City newsletter. Lili McMillan, LMCD, commented the French Creek Preserve is a wonderful area for bird watching, with eight to nine different species of birds having been spotted in this park. McMillan concurred that • no dogs should be allowed at all in this area. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • (Park Commission Comments, Continued) White commented there are certain times of the year as well when people should be restricted from walking through this area. White noted Hennepin County does limit access to certain areas of its parks at different times of the year. Bouchard stated the Park Commission also discussed the possibility of developing a fenced in dog park at one of the area parks, with Saga Hill being suggested as a good location due to the availability of ample parking and the amount of land available at this site. Sansevere inquired how many acres the Park Commission was considering converting into a dog park. Bouchard stated the Park Commission did not discuss the specifics of a dog park, but that in her view perhaps four to five acres would be appropriate. Sansevere inquired when the Park Commission could expect to receive the proceeds from the golf tournament. Bouchard stated at this time she is unsure how much was raised and when the money would be given to the Park Fund. Bouchard commented the Lurton property would also be another possible site for a dog park. Moorse indicated if the Council wants to prohibit dogs from City parks, it would need to adopt an • ordinance with this restriction. PLANNING COMMISSION COMMENTS — Bill Stoddard, Representative Stoddard stated he would be available at tonight's meeting to answer any questions the Council may have. LMCD REPORT — Lili McMillan McMillan stated the Council should have received a copy of the proposed LMCD ordinance prohibiting the use of motorized watercraft on three of the creeks flowing into Lake Minnetonka. McMillan stated the LMCD has had a concern for the past several years regarding marginal lakeshore being developed. McMillan stated the ordinance is designed to help minimize the environmental impact in these sensitive waters, to preserve passive areas of recreation on the lake, and to protect these areas from the pressure of added development/boat storage. McMillan stated the LMCD did create a Wetlands Task Force approximately one year ago to look at these issues, with this ordinance being a product of their review. The committee determined that it would be appropriate to focus their attention on the creeks first to help improve the water quality going into Lake Minnetonka. McMillan stated she is looking for some input from the Council on this ordinance. McMillan suggested the City send a memorandum out to the affected landowners inviting them to attend the next LMCD meeting. • PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. (LMCD Report, Continued) Flint noted the City does not have jurisdiction over this matter, and suggested McMillan contact former mayor Gabriel Jabbour for his input. Nygard stated in his view this issue is worth looking into by the LMCD. PUBLIC COMMENTS John Hollander, 200 Hollander Road, requested the City Council consider installing some American Flags somewhere in Navarre, noting at the present time there are no American Flags flying in this area. Flint stated the only location where the City would be able to fly a flag would be at the Navarre Park. White commented the merchants in this area could also fly the American Flag if they so desire. Hollander suggested the City consider flying the flag on some of the light posts in this area. ZONING ADMINISTRATOR'S REPORT S *( #6) #2600 BRIAN KERBER, 740 ORCHARD PARK ROAD — AMENDMENT TO VARIANCE APPROVAL White moved, Sansevere seconded, to approve the amendment to the variance to permit construction of a new garage rather than relocating the existing garage for Brian Kerber, 740 Orchard Park Road. VOTE: Ayes 4, Nays 0. ( #7) #2640/41 DUNBAR DEVELOPMENT, INC., 2060 WAYZATA BOULEVARD — FINAL PLAN APPROVAL — RESOLUTION NOS. 4703, 4704, AND 4705; ORDINANCE NO. 207, SECOND SERIES Mike Pagh, Representative of Dunbar Development, appeared. Gaffron stated the Council on October 8`h reviewed the final plans for this project, with the City's landscape planner since then also having reviewed the landscape plan. The City's landscape consultant did find the plan acceptable for this area. Gaffron noted the Council also reviewed the deferred fees situation and concluded that the deferrals would be recouped through the last five years of TIF proceeds. Gaffron stated the Watershed District has indicated this item will be on their November 8`h agenda. The City has also been informed the issues relating to Mn/DOT have been resolved and that the Metropolitan Council will be approving the City's Comprehensive Plan at their October 24`h meeting. Staff is recommending that any approval given by the Council tonight be conditioned upon receipt by • the City that all the other agencies involved in this application have given their approval to the project. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • ( #2640/41 Dunbar Development, Continued) Gaffron stated the documents before the Council include the resolution for preliminary plat approval; a resolution approving the general development plan and final plat; the PUD 2A agreement for the office building; the PUD 2B agreement for the senior housing facility; the rezoning ordinance; and the development agreement relating to Orono Woods Apartments. Gaffron noted Steve Rosholt, Attorney -at -Law, is present at tonight's meeting in order to answer any questions relating to the development agreement. Flint inquired if the bonds are not sold, how the City would protect itself and go back to status quo. Rosholt stated the answer to Flint's question is two -fold, with the first part relating to approval of all the zoning issues. Rosholt stated the Council could elect to make those approvals subject to the successful sale of the bonds. The second issue before the Council relates to approval of the TIF District, which could also be made subject to the successful sale of the bonds. Flint stated he would like the City to return to status quo if there is not a successful sale of the bonds. Flint commented the developer would be required to come back to the City if he elects to use a different form of financing on this project. Flint inquired if the City approves the rezoning, whether that would be a problem if the project does not go forward. Rosholt stated the City could make it subject to the developer obtaining successful financing of the • project within a certain period of time. Tom Barrett, City Attorney, stated the City has the ability to rezone the property should the project not be completed. Flint inquired what document covers the management of the units. Rosholt stated that would be covered in the ground lease agreement. Gaffron stated the Orono preference would be covered in Section 4.4, non - discrimination restrictions on use. White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4703, a Resolution Approving the Preliminary Plat for Property Located at 2060 Wayzata Boulevard. VOTE: Ayes 4, Nays 0. White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4704, a Resolution Granting General Develoment Plan Approval for Planned Unit Development No. 2 for Orono Ambar, L.L.C., and Approving the Plat of Orono Ambar. VOTE: Ayes 4, Nays 0. • PAGE 14 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #2640/41 Dunbar Development, Continued) White moved, Sansevere seconded, to approve the Planned Unit Development No. 2A Agreement for Orono Ambar Office Building, and to approve the Planned Unit Development No. 2B Agreement for Orono Woods Apartments, as amended October 181h. VOTE: Ayes 4, Nays 0. White moved, Nygard seconded, to approve and adopt ORDINANCE NO. 207,2 ND SERIES, an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Property Within Outlot F, Sugar Woods, Hennepin County, Minnesota, from B-1 Retail Sales Business District to B -6 Highway Commercial District or RPUD Residential Planned Unit Development District and Adding Section 10.53 Subdivision 9 Regarding Planned Unit Development No. 2. VOTE: Ayes 4, Nays 0. White moved, Sansevere seconded, to approve the Development Agreement and to approve and adopt RESOLUTION NO. 4705, a Resolution Approving Issuance of Senior Housing Revenue Bonds and Authorizing Execution of Bond Documents and Development Agreement. VOTE: Ayes 4, Nays 0. • *( #8) #01 -2707 ROB EDDINGTON AND MARK LARSON, HILL STREET — VACATION - RESOLUTION NO. 4706 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4707, a Resolution Vacating a Portion of an Unimproved Street Within the Plat of Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota, for Rob Eddington and Mark Larson, 285 and 315 Crestview Avenue. VOTE: Ayes 4, Nays 0. *( #9) #01 -2710 DONALD AND JOANNE DAVIDSON, 568 KEENE AVENUE — VARIANCES White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. , a Resolution granting variances to permit the construction of a new residence on a vacant lot for the property located at 568 Keene Avenue. VOTE: Ayes 4, Nays 0. ( #10) #01 -2714 FREDERICK PUZAK,1340 BALDUR PARK ROAD — VARIANCES — RESOLUTION NO. Fred Puzak Applicant, was present. Weinberger stated the Applicant is requesting variances to permit new construction on the property located at 1340 Baldur Park Road, which is located at the end of the Baldur Park peninsula. The Applicant is proposing to remove the existing residence and construct a new residence. Because the lot is located on a peninsula, 79 percent of the lot is located within 75 feet of the lakeshore. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #01 -2714 Fred Puzak, Continued) Variances are required to allow the new building to encroach within 48 feet of the lakeshore, which is approximately the same setback as the existing structure, and to allow hardcover within 75 feet of the lakeshore. A variance to lot area is also required. This property consists of 0.495 acre, with the minimum lot area being 0.5 acre. The Planning Commission had recommended approval of this application by a vote of 7 to 0 for the variances subject to the condition that the property owner verify either conforming septic sites or connection to City sewer be completed. The lot is not immediately adjacent to City sewer and the property owner would be required to extend the sewer line to his property as well as obtain an easement from the adjoining property owner. The Applicant did hire Koch's Soil Testing to complete soil testing and design for a septic system. The tests and design work show that the property can support a maximum three - bedroom system. The proposed house was proposed to be a five- bedroom home. Matt Bolterman, On -site Systems Manager, has approved the design, but for a house with three bedrooms or less. State Code requires that the number of bedrooms in a single - family residence be used to determine the required system capacity. • Weinberger stated back in 1970, the lots adjacent to Mr. Puzak's property were commonly owned up until the early 1970s. The house was required be connected to City sewer at that time. The property owner did not agree to connect the house or to provide sewer connections to any of the vacant lots. • Eventually the property sold, with Lot 30 being sold to Mr. Puzak and the other remaining lots being purchased by Mr. Franklin. Weinberger stated the issue before the Council is whether the sewer line should be connected to the Puzak property. Weinberger stated at the time the lots were sold, an easement for sewer was granted over Lot 31 to Mr. Puzak that provided for private septic tank and drainfield use. At the time the Planning Commission reviewed this application, a plan showing a five- bedroom residence was reviewed. Since then it has been determined that there are not two suitable septic sites to support a five- bedroom house and that the maximum would be for a three - bedroom system. Staff recommends approval of the variance application subject to the property owner submitting final architectural plans converting two of the five proposed bedrooms into another use. The existing non- compliant septic system would be required to be abandoned per state and local requirements and the new three - bedroom system installed prior to occupancy of the new house. Weinberger noted any change to the layout of the house or exterior plan would require a new variance application. Puzak stated he does have the documentation showing two alternate septic sites for his property, with a possibility for extending the primary site to accommodate a four - bedroom house. Puzak stated it is not his primary goal to build a septic system, noting he has attempted in the past to obtain an easement from the adjoining property owner. Puzak stated in his view the house plan that he has developed is reasonable, and requested the Council approve his plan subject to the sewer issue being deferred. Puzak requested he be given time to resolve the sewer issue. 0 PAGE 16 NIINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. ( #01 -2714 Fred Puzak, Continued) Puzak stated even though the new house is larger than the existing house, the hardcover is being - reduced due to reductions being made to the driveway in the 0 -75' setback. Sansevere stated in his view state law should require that septic systems be based on the size of the house rather than the number of bedrooms. Sansevere commented the Applicant would not need to change his design if he simply choose to call one room a den and the other a library. Gaffron stated state law defines a bedroom as a room with a closet. Gaffron stated once the closet is removed from a room, it is no longer considered a bedroom. Gaffron stated the property owner would be required to obtain a building permit if he decides later on to add a closest. Puzak stated he has submitted this conceptual design so they could address the hardcover and setback issues, and that the new design would reflect three or four bedrooms. Puzak stated he would be revising his plan. Stoddard stated the new plan is an improvement over what currently exists, noting the Planning Commission reviewed a plan that depicted five bedrooms. Stoddard stated the plan before the Council could conceivably be for a seven - bedroom house with some minor alterations.- Stoddard stated the main issue before the Planning Commission was the septic. is William Franklin, 1730 New Brighton Boulevard, stated he is the owner of the property between Puzak's proposed house and the sewer line. Franklin stated in his view there appears to be some confusion regarding the granting of an easement over his property for a sewer line. Franklin indicated he would be agreeable to granting the easement as well as sharing in the cost of extending the sewer line. Franklin stated they have discussed the possibility of him either selling this property to another individual or to Puzak. Franklin stated in either case he would give his consent to a sewer easement across the property. Franklin stated should his property ever be developed, he would also need to have a sewer connection to the two lots. White commented that City sewer would be a benefit given the close proximity of the lakeshore in this area. Franklin indicated he was unaware of the fact that Puzak wanted to construct a private septic system on his property. Puzak noted there was a public hearing held on this matter on October 171, at which time Mr. Franklin was not present. Puzak commented he has been attempting to meet the City's requirements regarding sewer. Puzak requested the Council address the issues relating to setback and hardcover tonight, with the sewer issue being deferred. Franklin stated they have discussed the sewer issue within the past month and a half, with Mr. Puzak • not informing him that he was considering building a new septic system. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • ( #01 -2714 Fred Puzak, Continued) Flint stated the significant issue before the Council tonight is the sewer, with the majority of the Council expressing a desire for City sewer in this area. Flint stated he is unsure how the Council can approve a resolution relating to this application until all the details of the septic issue are resolved. Flint suggested Mr. Puzak and Mr. Franklin work together to resolve the details of extending the sewer line and the costs involved with that. Puzak stated he would like to proceed with his application, and in the meantime try to resolve the sewer issues and redesigning the house. Nygard stated he has a concern that this house may be out of character with the neighborhood, noting the proposed house is considerably larger than the other homes in the area. Nygard stated he does not want to see a neighborhood with a number of larger houses built on small lots. Franklin stated there are a number of large homes located across the lake. Franklin stated Mr. Puzak's house is somewhat secluded and would not be readily noticed. Flint inquired what Stoddard meant by his comment that the Planning Commission would have been harder on him if he was going to put in sewer. Stoddard stated the Planning Commission reviewed what was presented to them, and at that time had the • understanding that this property would accommodate a five bedroom house. The Planning Commission did approve this application on a vote of 7 to 0 based on the information presented to them. Stoddard stated had they known about the situation with the septic only being able to accommodate a three bedroom residence, they might have directed the Applicant to reduce the size of the house and come back before the Planning Commission with a revised plan. Puzak stated the deck and stairwell could be redesigned. Puzak indicated this plan was intended to be conceptual. Puzak stated he would request approval for a four bedroom design subject to the sewer issue being resolved. Franklin stated in his opinion a septic system is out of the question given the close proximity of the lake and in light of a connection to City sewer being possible. Weinberger stated in his opinion the best option would be to have Mr. Puzak connect to City sewer. Weinberger pointed out should a new plan be submitted, a new variance application would be needed since the plan is different from what was originally approved. Flint noted Puzak has indicated he has been working on this project for quite some time and he would like to have the Council's views on the hardcover and setback issues. Puzak stated he understands that any major changes to his plan would require a separate variance application. Puzak stated his architect had suggested to him that he find out what the City would approve as it relates to hardcover and setback, and then revise his plan accordingly. Puzak indicated he has been designing this house for several years, and in his opinion if he is required to resolve the septic issue prior to approval, that would delay his project even longer. PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. ( #01 -2714 Fred Puzak, Continued) Franklin commented he has only learned within the past week that Puzak was considering constructing a septic system rather than hook up to City sewer. Franklin stated he can understand the reasons why the Council would condition approval upon resolution of the septic issue, but questioned whether a private septic system would be appropriate in this area since it is located on the lakeshore. Flint inquired whether Franklin was willing to grant the easement at no cost to Puzak or whether he would be charging him for the easement. Franklin stated he is agreeable to granting the easement to Puzak at no cost. White stated in his opinion the sewer issue should be resolved prior to approval. White pointed out the Applicant probably will not be starting his project until the springtime, which would give him time to resolve this issue. Flint indicated he is not willing to give approval to this application without the septic being resolved. Nygard stated he is more likely to approve this application subject to the septic since Franklin is in attendance at this meeting and is indicating he is agreeable to granting an easement. Franklin stated he would like to develop his property as well, noting he also is in need of sewer. • Franklin stated it would make sense to share the cost of extending the sewer line. Flint suggested the Council approve this plan conceptually tonight as it relates to hardcover and setback, subject to the plan being revised showing four bedrooms and subject to the sewer issues being resolved. Flint inquired what the proper procedure would be for the Applicant if his plan is conceptually approved tonight. Franklin commented the design of the house doesn't really impact the sewer issue if it is connected to City sewer. Flint stated the Council needs to know definitively whether there will be a connection to City sewer before approving the size of the house. Puzak stated currently he has five- bedrooms in two dwelling units. Puzak stated the house originally was built as a duplex prior to the current zoning. Puzak stated he is willing to give up one building unit in order to construct a new residence as well as relocate the structure off of the lot line. Flint noted the Applicant is increasing the footprint by 50 percent. Weinberger stated the Council could approve the plan before them tonight or they could allow the Applicant to make some minor changes to the plan that is before. them. Weinberger commented that many times Applicants will make minor modifications to their house plan after approval is received. Weinberger stated that does give Puzak some flexibility to redesign his plan, but Staff would prefer some level of assurance be given that the house plan will not be significantly modified. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • ( #01 -2714 Fred Puzak, Continued) Puzak stated there would be some modifications to the footprint within the building envelope to accommodate the septic design for a four - bedroom house. Puzak stated there also were some other minor modifications that he would like to make. Sansevere commented in his view the Council should probably wait until there is some type of agreement reached on the septic. Sansevere stated he is somewhat confused, noting it was his understanding that Puzak was attempting to obtain an easement from Franklin for the past few years and was unsuccessful. Sansevere stated Franklin has indicated he is more than willing to grant an easement. Sansevere commented there appears to be some gaps in what has occurred over the years, which may not be germane to tonight's meeting. Sansevere questioned whether this application should be sent back to the Planning Commission once the septic is resolved. Flint stated the granting of an easement would need to be in writing. Stoddard suggested the Council consider approving X number of square feet for the residence subject to the septic being resolved. Moorse recommended the Council approve the variances for this specific plan subject to City sewer being available. Moorse stated had the Applicant known the septic could only handle a three bedroom house, it is unlikely it would have been designed as a five bedroom house. Moorse stated if the • Applicant would like additional bedrooms, he would be required to hook up to City sewer. Puzak stated he would like the variances approved tonight so he can proceed with his design process. White stated the Council will probably approve the plan as presented tonight with City sewer or they will approve a smaller house with private sewer. Moorse stated the Applicant would like to know whether there is an agreement on the Council's part as to the hardcover amount and the setbacks. Moorse commented normally at this stage of the process the Council is looking at a final plan with all the issues being resolved. Franklin stated their conversations for the past two years have always related to extending the sewer line, with no mention ever being made of installing a private septic system. Franklin stated it was his understanding that a private septic system would not be allowed in this area. Sansevere inquired why an easement has not already been granted. Franklin stated he was told by Puzak that the cost to extend the sewer line and hookup was too high and that in his opinion he could construct a private septic system for less money. Puzak stated originally Franklin had wanted $50,000 for a utility easement. Franklin stated he has never asked for $50,000 for an easement. E PAGE 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. ( #01 -2714 Fred Puzak, Continued) Flint commented this type of conversation is non - productive, and recommended the Council act on this matter. Flint moved, White seconded, to approve hardcover in the amount of 1,675 square feet within 75 feet of the Ordinary High Water Level of the lake; to approve hardcover in the amount of 2,885 square feet in the 75 -250' setback area; to approve the setback variance to allow the house to be located approximately 47 feet from the lake at its closest point; and to approve a variance to lot area, subject to Staff review and approval of the final house design; and further subject to extension of City sewer to the property located at 1340 Baldur Park Road. Puzak inquired what would happen if Franklin decides not to give him an easement at no cost. Flint stated then the Applicant would need to revise his plan to meet the septic available. Sansevere stated that is one of the reasons why he would prefer this application be sent back to the Planning Commission. Sansevere stated he would prefer all these issues be resolved prior to this application coming before the Council. Puzak stated his application has been delayed for a number of years because of the septic issue, and that he is attempting to proceed forward by obtaining the septic testing. Puzak stated the Planning • Commission did recommend approval of his application subject to a connection to City sewer or that a suitable septic site be shown. Puzak stated he has demonstrated that a suitable septic site is available, but that his house plan would need to be modified if he utilizes private septic. Franklin commented that it is his belief the Planning Commission was led to believe that he would not grant Puzak an easement for the sewer, which is not the case. Puzak stated if Franklin does not grant an easement within the next two weeks, he would like to continue with his proposal to redesign his house based on the variances granted tonight. Sansevere stated he would be required to come back before the Council if he decides not to hook up to City sewer. Flint noted Franklin has indicated a couple of times on the record that he is willing to grant an easement at no cost to Puzak. Puzak commented that Franklin has indicated he would like to construct townhomes on his property. Franklin stated he has spoken with Weinberger on what his property could accommodate. Franklin stated he has been informed he can construct two houses on these lots, which would require two sewer connections. Franklin stated the sewer would be divided three ways. Tom Barrett, City Attorney, recommended if the motion is approved, that City Staff provide findings to • support the conclusion, with the Council voting on the findings at the next City Council meeting. PAGE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. • ( #01 -2714 Fred Puzak, Continued) VOTE ON THE ABOVE MOTION: Ayes 3, Nays 1, Sansevere Opposed. Puzak stated as far as the design of the house is concerned, Item No. 3 in Staff's Report indicates that any changes to the approved plan would require a new variance application. Puzak requested that Item 3 be clarified to read as follows: "any major amendment to the site sketch which would increase hardcover or increase lakeshore setback shall require a new variance application ". Weinberger stated the language included in the motion subject to Staff review and approval would give Staff the opportunity to do that. Weinberger stated if Staff feels the revised house plan is beyond Council's approval, they would bring that application back before the Council. Flint suggested the Applicant work with Staff on drafting a resolution for Council approval. Puzak inquired what would happen if an easement is not obtained from Franklin. Sansevere stated he would then need to come back to the Council with his house design and a workable septic system design. Nygard stated this application would not be finally approved until the next Council meeting, so if there are changes that have occurred, the Applicant can address them at the next meeting. is Flint stated the application was not in a form that could be finalized and approved tonight. Franklin inquired what steps he would need to follow in order to grant an easement. Weinberger stated they would need to determine the appropriate location where the sewer line would enter the property and a legal description, along with Franklin's signature providing an easement to the public. Gaffron stated Staff does have standard language for an easement, but someone will need to develop an easement description, which is the most time - consuming and difficult part of granting an easement. Puzak inquired how long that process would take. Gaffron stated that really is not up to the City to determine. Tom Kellogg, City Engineer, commented that things might have changed from when the feasibility report was completed on this area. Kellogg indicated at the time the feasibility report was done, it was assumed the alignment would follow the driveway, which may not be the case currently. Kellogg stated to his recollection the driveway was located on the higher side of the peninsula, with the most logical place for the sewer line being on the low side. Kellogg recommended someone review the property to determine where the sewer line should go and what type of system will be utilized in this area. Franklin stated he does have an architect and builder involved in his project now, and in his view the location of the easement could be resolved fairly quickly. PAGE 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 . 7:00 o'clock p.m. ( #01 -2714 Fred Puzak, Continued) Flint recommended the Applicant resolve the septic issues before coming back before the Council with a new proposal. White recommended the Applicant speak with Staff to answer any questions he may have. White stated the Council did approve the variances the Applicant was requesting. ( #11) #01 -2718 AMENDMENT TO ZONING CODE SECTION 10.03, SUBDIVISION 15 RELATING TO FENCE STANDARDS Flint recommended this item be tabled to the next Council meeting to allow the Council members to adequately give input regarding this amendment. Gaffron agreed that perhaps this item should be tabled. Flint moved, Sansevere seconded, to table Application #01 -2718, Amendment to Zoning Code Section 10.03, Subdivision 15 Relating to Fence Standards. VOTE: Ayes 4, Nays 0. *( #12) #01 -2719 JODI AND DAVID DALVEY, 1520 BOHN'S POINT ROAD - VARIANCE - • RESOLUTION NO. 4708 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4708, a Resolution granting variances to permit new residential construction on a lot that is 102 feet wide where 140 feet is required and to permit an accessory structure on a lot without a principal structure for the property located at 1520 Bohn's Point Road. VOTE: Ayes 4, Nays 0. *( #13) #01 -2720 CRAIG AND BEV MILLER, 1325 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 4709 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4709, a Resolution granting variances to permit new residential construction on a lot that is 130 feet wide where 140 feet is required and to permit an accessory structure on a lot without a principal structure for the property located at 1325 Shoreline Drive. VOTE: Ayes 4, Nays 0. *( #14) #01 -2721 WALTER HOLZER,1130 NORTH SHORE DRIVE WEST - VARIANCE - RESOLUTION NO. 4710 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4710, a Resolution granting variances to permit new residential construction on a lot that is 100 feet wide where 140 feet is required and to permit two accessory structures on a lot without a principal • structure for the property located at 1130 North Shore Drive West. VOTE: Ayes 4, Nays 0. PAGE 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. *( #15) #01 -2723 BREWER CHIROPRACTIC CLINIC, 3800 SHORELINE DRIVE — COMMERCIAL SITE PLAN REVIEW — RESOLUTION NO. 4711 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4711, a Resolution granting approval of a commercial site plan for the property located at 3800 Shoreline Drive. VOTE: Ayes 4, Nays 0. *( #16) #01 -2725 ROBERT HOWELLS, 1423 PARK DRIVE — VARIANCES — RESOLUTION NO. 4712 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4712, a Resolution granting variances to permit new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 75' setback where 140 feet is required and to permit an accessory structure on a lot without a principal structure for the property located at 1423 Park Drive. VOTE: Ayes 4, Nays 0. *( #17) #01 -2727 MARY AND JOE KING, 142 CHEVY CHASE DRIVE — VARIANCE — RESOLUTION NO. 4713 • White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4713, a • Resolution granting variances to permit new residential construction on a lot that is 29,250 square feet in area where 43,560 square feet is required for the property located at 142 Chevy Chase. VOTE: Ayes 4, Nays 0. *( #18) #01 -2728 WILLIAM AND LAURA STODDARD, 4365 NORTH SHORE DRIVE — VARIANCES AND CONDITIONAL USE PERMIT — RESOLUTION NO. 4714 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4714, a Resolution granting variances to permit an accessory building to remain on the property during the construction of a new principal building and to permit hardcover within the 0 -75' setback, and to grant a conditional use permit to permit a "plumbing in accessory building — CUP ", and variances to permit the CUP for a building 6' from the side lot line and 16' from the platted street property line for the property located at 4365 North Shore Drive. VOTE: Ayes 4, Nays 0. ( #19) AMENDMENT TO ANIMAL REGULATIONS — ORDINANCE no. 208,2 ND SERIES Gaffron stated the Council at their last meeting had directed Staff to draft ordinance amendments requiring a Kennel License for five or more cats. Gaffron stated some minor adjustments have been made to the existing ordinance to accomplish that purpose. Gaffron noted the CSO, in conjunction with other members of the Police Department, have indicated a more comprehensive amendment is needed to thoroughly update the Dog Regulation and Licensing Section. Staff is anticipating presenting that amendment to the Council sometime in January. • PAGE 24 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #19 — Amendment to Animal Regulations, Continued), Sansevere moved, Nygard seconded, to approve and adopt ORDINANCE NO. 208, Second Series, an Ordinance Amending the Orono Municipal Code, Section 5.36 "Kennels" and Section 9.12, "Dog Regulation and Licensing" to Include Regulations Requiring Kennel Licensing for Cats. John Hollander, 200 Hollander Road, stated there are some contradictions within the ordinance. Hollander stated he is in favor of doing something with the ordinance, but in his view all the changes should be made at one time. Hollander stated there are presently no definitions relating to the cats and so forth in this ordinance. Hollander stated he also has some objections to the ordinance. Hollander stated accessory residential use is mentioned, which is unclear. Hollander stated when Holly Acre Subdivision Third was completed, there was an existing garage and kennel area, which was approved by the Council in 1987, for the purpose of housing cats and dogs. Hollander stated he also has some concerns regarding the ordinance if it is intended to refrain him from keeping any cats, which would be a violation of law. Hollander stated the language in Section 3, Subdivision 4, which deals with kennel licenses, cannot be made retroactive to apply to himself since that too would be a violation of State Statute. • Hollander stated he also has concerns with the proposed amendment because of its vagueness, and recommended Staff look at the Animal Companion Welfare Act, which is more specific. Hollander indicated he would like the City to consider adopting that ordinance as a part of this, which in his view would be very beneficial. Hollander suggested the amendment to the zoning code be tabled to allow Staff time to review the State Ordinance. Hollander stated in its present form he would object to the ordinance. • Flint stated he did review the proposed document very carefully earlier today, and in his opinion the ordinance will work. Flint stated the proposed ordinance does accomplish what the City wants to achieve, which is to regulate the number of animals that can be housed on any one property. Flint acknowledged that not every situation is completely spelled out in the ordinance, because whenever an animal is brought in, the Police Department works with the person to determine whether that animal is being appropriately cared for and whether it is a nuisance. Flint commented there are a number of issues that are taken into account every time an animal is brought in. Flint stated those types of issues are usually not built into the ordinance since it would result in an ordinance that is very restrictive. Flint pointed out Staff would like to work with the Police Department over the next couple of months on developing a more comprehensive ordinance. Flint commented those are not reasons for the Council not to approve this amendment. Hollander noted he did request a copy of the ordinance be sent to him as soon as it was available, which was never done. Hollander stated the first opportunity he had to review the document was at tonight's meeting. Hollander stated he is entitled under law to have an attorney review the proposed ordinance, which was denied to him in this case. PAGE 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. ( #19 — Amendment to Animal Regulations, Continued) Sansevere pointed out the ordinance before the Council tonight is not specifically geared towards John Hollander. Sansevere stated the ordinance applies to all the residents of Orono. Flint commented if there are errors in the document, those can be corrected after - the -fact. Flint stated Hollander is welcome to submit his suggestions concerning this ordinance. Hollander reiterated he did request that a copy of the ordinance be sent to him prior to tonight's meeting, which was not done. Hollander stated he does have a right to review the document prior to the meeting since it does affect him. Flint stated the Council is going to vote on the motion now. Hollander reiterated he is opposed to the amendment since in his view it is directed at him personally. Sansevere inquired whether people who currently have five or more cats on their property would be grand- fathered in under this ordinance. Tom Barrett stated there is no grand- fathering in under this ordinance. Sansevere stated Hollander would need to come to the City and request a kennel license if he wishes to keep five or more cats on his property. Hollander stated he is in disagreement with that and that this ordinance cannot be made retroactive. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Flint stated the City does need to inform the residents of the area that the City of Orono's position has been mischaracterized by the Mayor of Minnetonka Beach regarding the closure of local streets in Minnetonka Beach serving Orono residents. Flint stated the Mayor of Minnetonka Beach has told people that the Orono City Council and the Chief of Police do not object to closing off certain roadways in Minnetonka Beach, which is in error. Flint noted the City has attempted to meet with the Mayor of Minnetonka Beach on several occasions to discuss the trail issue and was turned down. Flint recommended a letter be sent to the Mayor along with each individual Council member of Minnetonka Beach. Moorse stated Staff and other representatives were ready to meet with the Mayor of Minnetonka Beach, who declined their invitation. Moorse noted the Police Chief did send the Mayor of Minnetonka Beach a letter clarifying her position on the closure of the roadways. PAGE 26 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 • 7:00 o'clock p.m. (Mayor /Council Report, Continued) White moved, Nygard seconded, to send the letter that has been approved previously to the newspaper, and to send a follow -up letter to the Mayor and Council Members of Minnetonka Beach indicating that the City of Orono has been available to meet with representatives of Minnetonka Beach, which did not occur. VOTE: Ayes 4, Nays 0. Nygard noted some citizens of Minnetonka Beach are considering putting a petition together indicating their support of the Dakota Rail to Trail project. Nygard encouraged the residents of this area to contact their local City Councils and inform them of their position on this matter. PUBLIC SERVICE DIRECTOR'S REPORT *( #20) REQUEST FOR FINAL PAYMENT — 2000 LIFT STATION PROJECT White moved, Sansevere seconded, to approve Request for Final Payment, 2000 Lift Station Project to Ford Construction, Inc., in the amount of $15,408.26. VOTE: Ayes 4, Nays 0. *( #21) EXTENSION OF HENNEPIN COUNTY ELECTRONIC PROPERTY DATABASE AGREEMENT — RESOLUTION NO. 4715 • White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4715, a Resolution Authorizing the City of Orono to Execute an Agreement for the Use of Hennepin County's Property Information Data Base. VOTE: Ayes 4, Nays 0. ( #22) SCHEDULE PUBLIC HEARING REGARDING STORMWATER UTILITY Moorse recommended the Council set a storm water utility fee, which would be included in the notice going out to the residents. It was the consensus of the City Council to establish a $9.00 storm water utility fee per quarter based upon the recommendation of the City Administrator and City Engineer. The City Council directed City Staff to schedule a public hearing on the stormwater utility for Tuesday, November 13, 2001, at 7:00 p.m. CITY ADMINISTRATOR'S REPORT *( #23) AMEND PROGRAM FOR DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER — RESOLUTION NO. 4716 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4716, a Resolution Amending the Program for Deferment of Special Assessments for Persons • 65 Years of Age or Older, and to Approve the Update of the Income Guidelines on the Deferral Application. VOTE: Ayes 4, Nays 0. PAGE 27 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. U *( #24) RENEWAL OF THE CITY'S PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM — RESOLUTION NO. 4717 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4717, a Resolution Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. VOTE: Ayes 4, Nays 0. *( #25) CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES — RESOLUTION NO. 4718 Whited moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4718, a Resolution for the Collection of Delinquent 2001 Sewer and Water Utility Service Charges, Recycling Progra Fees, Annual Service Charges for the On -site Sewage Treatment (SEPTIC) Inspection Program, and General Service Fees. VOTE: Ayes 4, Nays 0. *( #26) REPLACEMENT OF ANALOG TELEPHONE LINES WITH T -1 LINE White moved, Sansevere seconded, to approve the purchase of equipment and installation of a PRIT -1 line to provide monthly telephone service to the City at a cost of $3,627.07, with a credit of $3,000 towards monthly service charges; and to authorize the City Administrator to • sign a five year service agreement with a monthly service charge of $652.75. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Barrett requested an Executive Session with the City Council. *( #27) LICENSES There were no licenses. *( #28) BILLS White moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. is PAGE 28 • ADJOURNMENT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Nygard moved, Sansevere seconded, to adjourn the meeting at 11:05 p.m. There being no further business to discuss, the meeting was adjourned at 11:05 p.m. ATTE T: &/ Lin Vee, City Clerk • 0 Richard Flint, Acting Mayor PAGE 29