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HomeMy WebLinkAbout11-13-2001 Council MinutesORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 0 ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, and Bob Sansevere. Representing staff were Acting City Administrator Michael Gaffron, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. City Administrator Ron Moorse and Council Member Richard Flint were absent. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 were added to the Consent Agenda. Items 3, 6, and 11 were removed from the Consent Agenda. Mayor Peterson stated that Item 26, the Special Event Permit application had been withdrawn. • Sansevere moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. PUBLIC HEARING 2. Storm Water Utility Mayor Peterson opened the Public Hearing at 7:05 p.m. Gappa stated that the purpose of creating and implementing a storm water utility is to provide an equitable, dedicated funding source for additional or improved storm water drainage services. Benefits include: flood control, water quality control, wetland protection, erosion and sediment control, and an enhanced storm water conveyance system. Gappa stated the criteria used to determine the total runoff and fee structure were a Model Storm with a 5 -year frequency with 3.6" of rainfall in 24 hours, and Soil Conservation Service Hydrology Methodology to determine the amount of runoff. The Average Single Family Residential Unit was considered 2.0 acres with 20% Impervious Surface. • ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 2. Storm Water Utility— Continued • Gappa stated that the use of a standard fee for all residential properties is the only practical method to implement a storm water utility. While larger properties create more runoff, they have more pervious surface to decrease the runoff rate. A smaller property may have less impervious surface, but the runoff rate is increased because of less pervious lot area to slow the water down and allow for infiltration into the ground. The runoff rate determines the size of the storm water facilities required. The Council agreed on a $9.00 quarterly fee, or $36.00 per year. The proposed $9.00 quarterly fee will generate approximately $120,000 in annual revenue. The Storm Water Management Plan lists approximately $11 million of storm water projects for both water quality and quantity improvements. Mayor Peterson opened the hearing to the public. Cliff Otten, of Otten Brothers Nursery, asked if previous efforts by business owners to prevent runoff, such as constructing as existing holding pond, would be taken into consideration when determining fees. Gappa stated that he could check into the issue of crediting for past ponding or retention efforts. Kellogg stated he was not aware of a credit system in other cities. Mayor Peterson closed the Public Hearing at 7:20 p.m. • Sansevere moved, and White seconded, to table Item 2, Storm Water Utility, until more research could be done on the issue of crediting for previous efforts to control runoff. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES 3. Regular Council Meeting of October 22, 2001 White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of October 22, 2001. Vote: Ayes 3, Nays 0. (Mayor Peterson abstained.) *4. HRA Meeting of October 22, 2001 Sansevere moved, and Nygard seconded, to approve the Minutes of the HRA Meeting of October 22, 2001. Vote: Ayes 4, Nays 0. 0 Fa ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 • *5. Council Work Session of November 1, 2001 Sansevere moved, and Nygard seconded, to approve the Minutes of the Council Work Session of November 1, 2001. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS —PAT WOLFE, REPRESENTATIVE Wolfe stated the Park Commission was proceeding with design plans for Hackberry Park, but had postponed the neighborhood meetings. He encouraged the Council to give notice to pull -tab venders that upon renewal, 10% of their proceeds would go to the Park Commission. The MS Society has agreed to donate $2,000.00 for a drinking fountain for Navarre Park, but they are short about $1,000.00 to complete the project. They hoped the extra funds could be found to install the fountain. The Narrows Saloon presented the Parks Commission with $3,600 from their golf event. The Narrows Saloon plans for the event to be an annual fund- raiser. Wolfe also stated the Parks Commission is considering developing the Sohn's property as a skating rink and would like the City to hold off on demolishing the house and garage on the property, so that they might be used as a warming house and for storage. They would like to possibly put in a large lighted hockey rink and skating rink. The Parks Commission would come back in the next few months with a recommendation on the skating park. Gappa stated some of the buildings on the property were a nuisance and hazard, but he was not aware of a time limitation to finish demolition. Weinberger stated that there was the potential to have parking on the property. He had also received an offer to have the grading work donated by a member of the community. Gaffron stated that the Council had approved the demolition in the Consent Agenda. White moved, and Mayor Peterson seconded, to reconsider Item 13, Demolition of Structures at 340 Willow Drive North and 3770 Shoreline Drive. Vote: Ayes 4, Nays 0. White moved, and Sansevere seconded, to approve all proposed demolition except the house and garage at 3770 Shoreline Drive, which would be reviewed for potential use prior to Council action to demolish them. Vote: Ayes 4, Nays 0. 3 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 PLANNING COMMISSION COMMENTS — JEANNE MABUSTH, • REPRESENTATIVE Mabusth thanked the Council for their encouraging comments to the school district representative concerning automating the voting process in the next election. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 6. #01 -2689 Mandeep Sodhi, 4080 Dahl Road — After - the -Fact Variances and Conditional Use Permit — Resolution No. 4719 Weinberger stated that the homeowner was not present. The issue was in regard to the landscape plan. The contractor removed a lot of vegetation and undergrowth, and also replaced a stairway and retaining wall. Some of the undergrowth removed was not native to the lakeshore area. Two additional trees were being required, one above the retaining • wall, and one at the center of the property. The City had discovered during a recent inspection that landscape fabric was placed under a layer of wood chips. The applicant is required to remove the landscape fabric, and the plan is to allow the land to restore itself naturally in addition to the required plantings. The fabric will be allowed through the spring thaw to prevent erosion, with a deadline of June 30, 2002 to remove the fabric and allow the land to restore itself naturally. White stated they should be required to plant native vegetation along the shoreline because indigenous plants will have the best root systems. Weinberger stated they could add language to the resolution requiring indigenous plants in a 20' buffer zone along the lakeshore. The species shall be identified by the City. White moved, and Mayor Peterson seconded, to adopt Resolution No. 4719 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(L)(1), and Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore for a stairway and retaining wall; a conditional use permit is required per Municipal Code Section 10.03, Subdivision 19 to replace the retaining wall within the 75' lakeshore setback, and approval of a landscaping plan to restore vegetation removed on a bluff line and within 75' of the lakeshore where limited removal is allowed, with the additional condition that within 20' of the lakeshore only native, non - invasive vegetation be planted. Vote: Ayes 4, Nays 0. 4 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 • 7. #01 -2711 Western Steel Erection, 2687 Wayzata Boulevard — Conditional Use Permit Weinberger stated the Jochims were present to represent Western Steel Erection, Inc. Western Steel was requesting a conditional use permit to allow permanent outside storage to provide outdoor parking for industrial trucks. They had proposed enclosing the property with chain link fencing with slats installed to screen the property. Another option would be to require cedar fencing. The location of their fuel tank has moved since the Planning Commission saw the proposal. The fuel tank cannot be located within 50' of the building or the property line, which forced the tank to be located nearer the front of the lot. There is a canopy proposed to cover the fueling tank, which would be about 24' x 36' and 16' high. The canopy would then make the fueling tank an accessory structure. Weinberger stated they were seeking conceptual approval. He suggested Council discuss the fencing materials used, the proposed location of the fueling station, outdoor storage, and overall site plan. Mayor Peterson asked if it was appropriate for the application to return to the Planning Commission. • Ms. Jochims stated that the canopy would serve to protect the fuel integrity, and they fuel about 30 trucks each morning. The tanks are 8' wide and they need to protect the area from the elements. She stated they would move their existing canopy and add 4' to it. The welding equipment has fuel tanks on the top of the vehicle and rainwater could enter tanks as they are being filled. Water would get into the gas without the overhead canopy. White suggested amending the rule requiring the tanks be located 50' from the lot line and returning the fueling station to its original position. Ms. Jochims stated the current position is better for them because it allows more room for turn- around. Mayor Peterson stated she was mostly concerned about screening the tank and canopy. Ms. Jochims stated they will have a solid wood fence on the roadside property line and a slatted cyclone fence across the back of the lot, and will plant evergreens on both sides of the driveway. Weinberger mentioned the canopy lighting. Ms. Jochims stated they could accommodate the Council's design requirements, and they currently use motion - sensitive lights so they only come on when someone is fueling a vehicle, primarily in the early morning. White moved, and Nygard seconded, to give conceptual approval of the site plan for Western Steel Erection at 2687 Wayzata Boulevard. Vote: Ayes 4, Nays 0. 5 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 0 8. #01 -2714 Frederick Puzak, 1340 Baldur Park Road — Variances— Resolution No. 4720 Weinberger stated the Council had conceptually approved a proposal from Mr. Puzak at the last meeting. The current resolution approved variances for construction of a new residence, subject to connection of the new house to sanitary sewer. The adjacent property owner intends on providing a sketch plan to re -plat the property adjacent to Mr. Puzak. Mr. Puzak stated that he had a couple of minor corrections regarding the ownership of the property. Weinberger stated there is a spouse, and staff has been directed that the spouse must also sign documents concerning the property. Barrett stated that in Minnesota the spouse is entitled to control over the property. Mr. Puzak stated his spouse was not an owner of the property, but that he could overlook it. He also stated that there was a typo in the minutes included in the packet on page 32, line 4 should read "...hardcover or decrease lakeshore setback..." Sansevere asked for the status of Mr. Franklin. Weinberger stated they do not have an easement from the property owner yet. They are waiting to see how their property line comes out on the proposed plat before they give the easement. The neighbor has stated he would allow the easement. . White moved, and Nygard seconded, to adopt Resolution No. 4720 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(L)(1) to permit 1,675 s.f. (9.8 %) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4 %) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit 2,885 s.f. (63.6 %) hardcover where 3,219 s.f (70.9 %) exists and 1,135 s.f. (25 %) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property. Vote: Ayes 4, Nays 0. *9. #01 -2716 Brenshell Development, 2200 Shadywood Road— Variances- Resolution No. 4721 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4721 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16(L)(2) and Section 10.25, Subdivision 6 (B) to permit the construction of a new single family residence on a lot of 0.5 acres area and 52' width where a 0.5 acre area and 100' width are normally required; and to allow 2,641 s.f. (27.8 %) hardcover in the 75 -250' setback area where 2,375 s.f. (25 %) is allowed. Vote: Ayes 4, Nays 0. n 0 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 10. #01 -2718 Amendment to Zoning Code Section 10.03, Subdivision 15 Relating to Fence Standards Weinberger stated that the proposed changes to the fence ordinance would take some of the language out of the non - Encroachments section. The primary changes would be that the finished side of the fence would face neighboring property owners, and change the permitted height of split rail fences. They also added some construction and maintenance standards. The owner of the fence shall maintain the fence in a reasonable state of repair and appearance and shall work with the City to remove or repair a fence that is unsafe. Staff recommended Council adopt the changes. White asked that "adjacent fences" be clarified for lakeshore lots. Weinberger stated that fences are not allowed within 75' of the lakeshore and fences are not allowed to block views of the lake enjoyed by adjacent lots. Weinberger showed the method for determining the fence setback for lakeshore lots. Sansevere stated he was in favor of allowing-non- opaque (chain link) fences of up to 6' for security purposes in nearly any location. Weinberger stated that fence placement in front yards varies depending on the specific • zone's front setbacks. Sansevere stated he does not think fences look good sitting at a 50' setback. Rick Meyers asked if there was a provision for requiring a 1' setback from any property line. Nygard stated that Orono requires a 2' setback from property lines, and he favored requiring a permit to erect a fence so that people would have to survey their property. White stated he favored sending a notice to residents and letting them self - police. 0 Mabusth stated the Planning Commission had discussed the issue in depth and raised many issues, but felt they were directed not to go into such depth so as to quickly move something through. White moved, and Sansevere seconded, to approve the proposed amendments as proposed and directed staff to research issues of security and the possibility of requiring a permit to erect fences. Council also directed Staff to schedule a second hearing with the Planning Commission to consider additional fence standards. Vote: Ayes 4, Nays 0. 11. #01 -2726 Erotas Building Corporation, 450 Orono Orchard Road- After -the- Fact Variances — Resolution No. 4722 Weinberger stated that the application was to permit a 6' fence within the 50' street yard setback where fences are permitted to be 3 %Z' in height. The fences would be located 7 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 11. #01 -2726 Erotas Building Corporation, 450 Orono Orchard Road After -the- • Fact Variances Resolution No. 4722 — Continued along Orono Orchard Road and Dickenson Street. The fences were installed with several dozen arborvitae along the fence to provide a vegetative buffer. The trees range in height from 13' to 16' and provide a nearly complete screening for the fence. The Planning Commission recommended approval based on the finding that the property was unique, being a corner lot with two 50' setbacks, and the total size of the lot is 14.7 acres. Sansevere asked if staff were comfortable with the hardship of having two 50' setbacks. Weinberger replied they were as long as the fences remain fully screened. Nygard stated he was uncomfortable with the application requesting an after - the -fact variance. He felt Kevin Garnett had been informed of fencing requirements when he previously came before the Council regarding his dogs. He stated that Council might set a precedent that allows the construction of over -sized fences as long as one plants trees along it. Mabusth stated that the Planning Commission had found the property unique because it was bordered by two roads and has a pond on it. The fence was nicely colored and • screened, and did not pose a safety issue to drivers or maintenance vehicles on the roads. Gaffron stated that Mr. Garnett stated if he had to fence his property 50' back from the roads, he would not be able to use about 10% of his property, which built in a hardship. He suggested a way to avoid having to demonstrate a hardship would be to require a conditional use permit for fences and have performance standards. White stated Garnett was being taxed on that 10% of his property that he would not be able to use. Barrett stated that the decision of whether a hardship exists was based on Council fact - finding and was not a legal decision, so it would not be irrational to decide the lot size or configuration is a hardship. Mayor Peterson moved, and White seconded, to adopt Resolution No. 4722 granting after - the -fact variances to Municipal Zoning Code Section 10.03, Subdivision 15 to permit a 6' fence to be constructed within the 50' front and 50' side yard adjacent to the street setback where a fence height of 3 '/Z' is allowed. Vote: Ayes 3, Nays 1 (Nygard). • ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 • *12. #01 -2736 Long Lake Fire Station, 340 Willow Drive North— Conditional Use Permit— Public Hearing — Continuation to November 26 Meeting Sansevere moved, and Nygard seconded, to continue the Public Hearing on the Long Lake Fire Station Land Alteration CUP to the November 26, 2001 Council Meeting. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson stated that the Baywind Church held their dedication and she was presented with a framed verse of thanks for the City's support. She stated she and other area mayors would be kicking off Interfaith Outreach's affordable housing week at the Wayzata Depot on Saturday. Weinberger stated the Navarre Amoco planned to replace their pump canopies and was running out of time this year. He asked if staff could issue the permit, then proceed with the variance application as after -the -fact. The setbacks would not change. The current canopy was installed under a previous variance approval and the only change since then is the County has taken additional right -of -way. Council agreed they did not have a problem with issuing the permit. • Sansevere encouraged the media to contact Police Chief Good regarding an article on crime and safety in Orono. Mayor Peterson also suggested they contact the North Tonka Crime Prevention Coalition. • PUBLIC SERVICE DIRECTOR'S REPORT 13. Demolition of Structures at 340 Willow Drive North and 3770 Shoreline Drive See discussion under the Parks Commission Comments. White moved, and Sansevere seconded, to accept quotation from Kevitt Excavating, Crystal in the amount of $13,410 for demolition of structures at 3770 Shorline Drive, except for the house and garage, to be funded from the General Fund, Special Projects and Contingencies; and to accept quotation from Kevitt Excavating, Crystal in the amount of $19,600 for demolition of structures at 340 Willow Drive North to be funded from the General Fund, Special Projects and Contingencies. Vote: Ayes 4, Nays 0. Z ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 *14. Golf Course Equipment Purchase Sansevere moved, and Nygard seconded, to approve purchase of the following equipment to be funded from the year 2001 Golf Course Fund, Capital Equipment Budget: Scharber and Sons, Long Lake, John Deere Model 455 Tractor with 60" mower and 48" bucket at $12,537, including $1,000 trade -in value for the old tractor; and MTI Distributing, Plymouth, Toro Model 41440 Sprayer at $5,495. Vote: Ayes 4, Nays 0. *15. No Dogs in Parks Where Posted — Ordinance 209, 2 "d Series Sansevere moved, and Nygard seconded, to adopt Ordinance 209, 2 "d Series with a revision prohibiting Dogs or Cats in parks where posted by signs, and to approve the installation of signs prohibiting Dogs or Cats in French Creek Preserve Park. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *16. Purchase of Voting Booths • Sansevere moved, and Nygard seconded, to approve the reallocation of $1,770 from • the 2001 election judge salaries budget to the 2001 small tools and minor equipment budget, within the Election Department, for the purchase of nine additional voting booths. Vote: Ayes 4, Nays 0. *17. Maintenance Agreement for Telephone System Sansevere moved, and Nygard seconded, to approve a 5 Year Equipment Maintenance Agreement with McLeod USA to cover the Inter -Tel Axxess Telephone system with 46 phones and 4 port Axxessory Talk Voice Mail at a cost of $1,840 per year for a total cost of $9,200 with a payment of $3,200 due within the first 12 months of the agreement and the balance payable over the final 4 years ($1,500 per year) of the agreement, to be funded from the Office Equipment Maintenance budget of the General Fund Central Services Department; and to authorize the City Administrator to sign the 5 Year Equipment Maintenance Agreement for the period December 1, 2001 through November 30, 2006. Vote: Ayes 4, Nays 0. 10 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 • *18. 2000 – 2020 Community Management Plan —Final Adoption — Resolution No. 4723 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4723 adopting the 2000 – 2020 City of Orono Community Management Plan. Vote: Ayes 4, Nays 0. *19. Long Lake Fire Station Contribution Sansevere moved, and Nygard seconded, to authorize the deposit of $680,000 into an account held jointly by the cities of Orono and Long Lake, and to amend the Community Investment Fund budget to reflect the expenditure. Vote: Ayes 4, Nays 0. *20. Tax Forfeit Parcel, PID 04- 117 -2313 0002 — Resolution No. 4724 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4724 Requesting Conveyance of Tax Forfeit Land for Public Use PID 04- 117 -23 13 0002 by the City of Orono. Vote: Ayes 4, Nays 0. • *21. Moratorium on Telecomminication Antennas and Towers — Ordinance 210,2 d Series Sansevere moved, and Nygard seconded, to adopt Ordinance 210, 2nd Series, adopting an interim moratorium on the granting of building permits, land subdivision, rezoning applications, conditional or special use permits, variances or other authority relating to the siting of wireless telecommunication facilities and structure in all zoning districts in the City of Orono. Vote: Ayes 4, Nays 0. *22. Funding for Navarre Home Ownership Program Sansevere moved, and Nygard seconded, to approve funding in the amount of $50,000 to assist two eligible households in purchasing townhome units in the Lake Minnetonka Woods development, such funding to be a temporary loan from the General Fund to the Affordable Housing Grant/Loan Revenue Fund and to be repaid through grants to the City. *23. 2002 Non -Union Employee Pay Adjustments and Insurance Contributions — Resolution No. 4725 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4725 approving Pay Plan Adjustments for Non -Union City Employees for 2002. 11 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 *23. 2002 Non -Union Employee Pay Adjustments and Insurance Contributions— • Resolution No. 4725— Continued Vote: Ayes 4, Nays 0. *24. Request to Approve "Working Out -of- Class" Administrative Sergeant Assignment Sansevere moved, and Nygard seconded, to approve a working- out -of -class temporary assignment as sergeant assigned to administration at the 2002 entry level sergeant rate, or a rate 5% above the assigned officer's current rate, whichever is greater. Vote: Ayes 4, Nays 0. *25. Parks Donation Sansevere moved, and Nygard seconded, to accept the donation in the amount of $3,600 from Mr. James Anderst of the Narrows Saloon, and to express the City's appreciation to Mr. Anderst for his generosity. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT • The City Attorney's Report was given after the meeting was adjourned. 26. LICENSES The license application from JMS Homes was withdrawn by the applicant. There were no additional licenses. *27. BILLS Sansevere moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 9:00 p.m. 12 CJ • ATTEST: G_ Linda S. Vee, City Clerk • 0 ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 13 Barbara Peterson, Mayor