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HomeMy WebLinkAbout02-11-2002 Council MinutesORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, and Jay Nygard. Representing staff were 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. Council Members Richard Flint and Bob Sansevere, City Administrator Ron Moorse, and Planning Director Michael Gaffron were absent. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 5, 7, 9, 11, 12, 14, 15, and 17 were added to the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. • Vote: Ayes 3, Nays 0. PRESENTATION 2. Laurie Fitz, Westonka Community Action Network (WeCAN) Ms. Fitz stated that WeCAN serves western Orono families by enhancing family stability and independence. They deal with people who often have hidden needs through services such as: Meals on Wheels, Job Placement Program, Family Support Services, Emergency Assistance, Health Advocacy, Food and Nutrition Education, Energy Assistance, Community Food Shelf, Low Cost Clothing Providers, Economic Assistance, and Family and Individual Counseling. They also work with the Orono Healthy Community Collaborative. WeCAN started as a partnership of churches and then grew into a volunteer organization including businesses, churches, and individuals. The Council agreed they were already very familiar with WeCAN. Mayor Peterson stated she would be hearing from the Council. APPROVAL OF MINUTES • ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 *3. Regular Council Meeting of January 28, 2002 • White moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of January 28, 2002. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS— SHEROKEE ILSE, REPRESENTATIVE Ilse stated that they were moving along on Hackberry Park and will probably spend the March meeting looking over plans. The Commission is looking forward to the joint meeting with the City Council. A neighbor to Seven Nations and the Lutheran Aid Association donated three park benches and they were installed. She asked if the Sohn property had been surveyed. Ilse stated they want to use the property for ice rinks, and possibly cement over one for use as a roller rink in warm months. Mound is planning a skate park that could be functional as early as this spring. Ilse stated the Park Commission had moved to ask the Council for a resolution stating they support the Mound skate park. Mound requires in -kind donations and $30,000 to finish the project. The resolution of support would then be published with a request for citizens to volunteer time or make donations to the skate park project. She emphasized the Commission was not requesting a financial contribution, only a show of support. Nygard asked Acting City Administrator Greg Gappa to have a resolution drafted for the . next meeting. PLANNING COMMISSION COMMENTS —JAN BERG, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. #01 -2706 Richard Stark -880 Partenwood Road — Changes to Approved Plan Ron Lauer, the contractor, and Richard and Jane Stark were present. Bottenberg stated the Starks' plans had changed in that the applicants decided not to construct the addition on the east side of the residence, but instead are proposing slightly larger decks and changing one of the decks into a screened porch both are on the lakeside . 2 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 4. #01 -2706 Richard Stark -880 Partenwood Road — Changes to Approved Plan — Continued of the residence. The lot coverage by structures was approved at 3,410 s.f. (7.7 %). The coverage will decrease by 148 s.f. with the new proposal, which meets the approved hardcover in the 0 – 75' setback. The location of the structure is what changes. The proposal incorporates more structure in the 0 – 75' setback zone on the lakeside of the residence, rather than on the side of the residence further from the lake. The house sits approximately 40' from the lake, is a single story, the additions would not affect the neighbors, and the house and garage were built in the 0 – 75' setback before current zoning laws. Mayor Peterson stated she would like the issue referred back to the Planning Commission because it is a matter of hardcover in the 0 -75' setback. Nygard agreed it should return to the Planning Commission. Mr. Stark stated they bought the property with the addition plan in place. The current plan reduces hardcover and mass from the original plan. He stated that delaying the start would create a hardship because of the timing of construction. Mr. Lauer stated that the construction would occur over existing hardcover. • Mayor Peterson stated she felt strongly about the matter returning to the Planning Commission. Mr. Stark stated that the variance would not change, they simply wanted to move the structure from one place to another. Mayor Peterson replied there may be no change in numbers, but she was unwilling to set a precedent by approving the request. Nygard asked if a two -week delay would make that big of a difference. Mr. Lauer stated it would set the construction back by 2 months because of road crews along the street. He stated they were ready to start construction as soon as they were granted approval. White stated he supported the other Council members. Mayor Peterson moved, and White seconded, to refer the application back to the Planning Commission. Vote: Ayes 3, Nays 0. *5. #01 -2709 Rich and Anne Shull -2285 French Creek Road — Changes to Approved Plan White moved, and Nygard seconded, to grant conceptual approval of the revised • plan and directed staff to bring a revised resolution to the February 25, 2002 meeting ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 *5. #01 -2709 Rich and Anne Shull -2285 French Creek Road — Changes to • Approved Plan— Continued for adoption. Vote: Ayes 3, Nays 0. 6. #01 -2730 Ace Properties, 3375 Crystal Bay Road — Variances Larry Palm was present. Weinberger stated the applicants planned to remove an existing building and construct a house on the residential site. He kept the application off the Consent Agenda because he received a new plan just before the meeting. The surveyor had found that the house was actually to be located 9.7' and 9.8'from the side property line where a 10' setback is required, which would be in addition to the variances listed.in the staff report. The first variance was to lot area and lot width where a %2 acre and 100' are required. He stated the lot was of the type for which the City routinely grants variances. The second variance was to allow hardcover in the 0 – 75' zone and to permit greater than 25% hardcover in the 75 – 250' of the lakeshore. Also, a variance was required to allow encroachment into the 30' rear yard setback. The Planning Commission recommended the house not exceed 1,500 s.f. The actual • foundation of the building was 50' x 30', exactly 1,500 s.f. A cantilever at the rear of the house extends the floor space slightly, pushing the floor space over 1,500 s.f. Weinberger stated that the cantilever could be a bay window or a bay that would not extend the floor space of the house. Mr. Palm stated that their previous survey had shown that they met the 10' side setback with the house at 30' x 50'. He was notified that afternoon before the meeting that the survey had been redone and they were slightly under the required side setback. He stated they were willing to change the cantilever by installing a bench seat so the floor space is not increased. White asked if approval would set any unwanted precedents. Barrett stated the Council had held to the 10' lot line rule in the past. Nygard stated the land could provide a hardship because of the rear yard setback. Mr. Palm stated that losing even a few inches off the size of the house would negatively impact their plans. They had already downsized as much as possible based on Planning Commission recommendations, and had difficulty fitting the stairs into the plan they presented. Barrett suggested having staff draft a variance resolution with as much case - specific language in it as possible regarding the land and construction issues on that particular lot. • 4 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 • 6. #01 -2730 Ace Properties, 3j75 Crystal Bay Road — Variances— Continued Nygard moved, and Mayor Peterson seconded, to grant conceptual approval of the plans with variances for lot area and width, side and rear yard setbacks, and hardcover in 0 – 75' and 75 -250' zones with a resolution coming before the Council at the February 25th meeting. Vote: Ayes 3, Nays 0. *7. #02 -2741 Calvin Presbyterian Church, 177 Glendale Drive — Conditional Use Permit — Resolution No. 4753 White moved, and Nygard seconded, to adopt Resolution No. 4753 granting a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3(B) to permit construction of a 3,335 s.f. addition to the existing building. Vote: Ayes 3, Nays 0. 8. #02 -2743 Thomas J. Dunsmore, 2525/2535/2545 Shadywood Road — Sketch Plan Review Thomas Dunsmore was present. • Weinberger stated that the applicant had proposed a 9 -unit office development on a 3.7 acre property. Each office unit would be privately owned, but the units would share a parking lot, pond, landscaped areas, and sidewalk. He stated there was currently no zoning for that use and suggested adopting a PUD ordinance. The property is just south of the County Roads 15 and 19 intersection. On one side of the property, the zoning is B4, a general business district with offices allowed. The other side was zoned residential. • The Planning Commission's main concern was if the development would function well with the land around it. They suggested reducing the plan to 8 units, in order to reduce parking requirements and increase open green space. Also, less construction on the back parcel could help reduce flooding of Kelly Avenue. They also suggested that the office complex and neighboring church could agree to use each other's parking lots for overflow parking since their times of operation would not generally coincide. White stated he felt a PUD was a good idea and would allow the public an opportunity to comment, but would like to see the run -off issue resolved and would like a sidewalk installed along the property. Mr. Dunsmore stated he had a responsible architect who has designed similar developments in Plymouth, Maple Grove, Eden Prairie, Lake Elmo, and other locations. White asked if he would provide photos of the other developments for the Council to view. 5 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 8. #02 -2743 Thomas J. Dunsmore, 25251253512545 Shadywood Road — Sketch Plan • Review — Continued Mayor Peterson stated that the Council would like to begin the commercial PUD process. MAYOR/COUNCIL REPORT None. PUBLIC SERVICE DIRECTOR'S REPORT *9. Accept Proposal to Bury Electrical Lines from Xcel Energy for Senior Housing Project White moved, and Nygard seconded, to approve the agreement with Xcel Energy, in the amount of $96,771 for burying of the overhead electric power lines for the Orono Ambar project; and to approve a loan from the PIR fund, in the amount of $96,771 with a 5% annual interest rate, to the TIF fund project account for burying overhead electric power lines for the Orono Ambar project, with the loan to be • repaid with proceeds from the project's TIF funds and the appropriate budget adjustment for the year 2002 PIR fund budget; and to approve a loan from the PIR fund, in the amount of $27,528 with a 5% annual interest rate, to the TIF fund project account for the installation of decorative street lights for the Orono Ambar project with the loan to be repaid with the proceeds from the project's TIF funds, and the appropriate budget adjustment for the year 2002 PIR fund budget. Vote: Ayes 3, Nays 0. 10. Revise Seasonal Weight Restrictions — Resolution No. 4754 White stated he had kept it off the Consent Agenda and asked how heavy the BFI trucks are. Gappa stated that they are over 4 tons per axle weight. The City enforces load restrictions on Orono streets all year. Streets are 9 tons axle weight limit except when spring road restrictions limit loads to 4 tons axle weight limit, except some service vehicles which can be up to 7 tons axle weight limit. The Police Department is good about ticketing for violations. White asked about private road restrictions. Gappa stated it would be a civil issue and up to the owners to enforce weight limits. White moved, and Nygard seconded, to adopt Resolution No. 4754 establishing seasonal weight restrictions on Orono Public City Streets. 0 R ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 • 10. Revise Seasonal Weight Restrictions Resolution No. 4754— Continued Vote: Ayes 3, Nays 0. *11. Adopt Assessment Roll for 595 Old Crystal Bay Road North Sewer — Resolution No. 4755 White moved, and Nygard seconded, to adopt Resolution No. 4755 adopting the assessment roll for the installation of a sanitary sewer service for 595 Old Crystal Bay Road North. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT *12. Equipment Certificate Sale — Resolution No. 4756 White moved, and Nygard seconded, to adopt Resolution No. 4756 accepting the low bid from Anchor Bank, N.A., Wayzata with an interest rate of 1.90% for an equipment certificate in the amount of $50,000 to fund Police vehicle replacements; and to award the equipment certificate to the low bidder. Vote: Ayes 3, Nays 0. *13. Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the 2000 Financial Report (Information Only) *14. Request for Authorization to Dispose of Used Police Vehicles and Forfeited Vehicle White moved, and Nygard seconded, to authorize the Orono Police Department to sell by sealed bid the: 1) 1999 Ford Crown Victoria Squad Car, 2) 1993 Ford F -150 Pickup truck, 3) 1966 Pontiac Bonneville. Vote: Ayes 3, Nays 0. *15. Approve Final Plans and Specs for Long Lake Fire Station White moved, and Nygard seconded, to approve the final plans and specifications for the Long Lake Fire Station, and to authorize the advertisement for bids. Vote: Ayes 3, Nays 0. 16. Pay Request and Change Order —Long Lake Fire Station White stated that he had held the item off the Consent Agenda because on the last page of • the report it stated, "Dig holes for settlement plates, but GME could not put in because 7 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 16. Pay Request and Change Order —Long Lake Fire Station — Continued • they did not have proper poles. Backfilled and sent operators home." He asked if that was the City's mistake, or GME's. Mayor Peterson stated they needed clarification on the matter. White moved, and Mayor Peterson seconded, to table Item 16, Pay Request and Change Order —Long Lake Fire Station. Vote: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None. *17. LICENSES Residential Kennel License 1. David and LuAnn Runkle 2684 Casco Point Road Commercial Kennel License • 1. D. Brian Fulmer (The Dog House Boarding Kennels, Inc.) 3505 West Wayzata Boulevard Cigarette License 1. Steven Corl Navarre Liquors, Inc. 3421 Shoreline Drive 2. Kenneth Galloway Wayzata Country Club 200 Wayzata Boulevard White moved, and Nygard seconded, to approve the above listed licenses. Vote: Ayes 3, Nays 0. • 7F 0 • • ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 *18. BILLS White moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. Tom Kuehn, Finance Director, presented to Council the bid tabulation and revised resolution for Item 12, Equipment Certificate Sale. Mayor Peterson moved, and White seconded, to reconsider Item 12. Vote: Ayes 3, Nays 0. Mayor Peterson moved, and Nygard seconded, to adopt Resolution No. 4756 awarding sale of $50,000 General Obligation Equipment Certificates of Indebtedness, Series 2002, fixing the form and specifications thereof, providing for their execution and delivery, and levying taxes for their payment. Vote: Ayes 3, Nays 0. Mr. Koehnen from the Navarre Amoco stated that he had attended the meeting to thank the City Council for their help in the improvements to his service station canopy. ADJOURNMENT The meeting was adjourned at 8:10 p.m. ATTEST: Linda S. Vee, City Clerk 0 Barbara Peterson, Mayor