Loading...
HomeMy WebLinkAbout03-11-2002 Council MinutesORONO CITY COUNCIL MEETING -3 MONDAY, MARCH 11, 2002 • ROLL The Council met on the above- mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard, Jim White, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, Planning Director Mike. Gaffron, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Ahssa Winternheimer. Council Member Richard Flint was absent. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 4, 7, 8, 10, and 12 were added to the Consent Agenda. Sansevere moved, and White seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of February 25, 2002 Sansevere moved, and White seconded, to approve the Minutes of the Regular Council Meeting of February 25, 2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — DEBORAH HALVORSON, REPRESENTATIVE Halvorson stated that the Parks Commission had discussed the request to vacate Massasoit Avenue on Big Island at the last meeting. They unanimously recommend vacating the right of way, finding no public parks need for it. - The drinking fountain for Navarre Park has been purchased and will be installed as soon as the weather permits. The Park Commission would like a survey done of the Sohns/Larson property to determine possible uses. They favor installing a hockey rink. She stated that youth PARK ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 COMMISSION COMMENTS—DEBORAH HALVORSON, REPRESENTATIVE — Continued hockey is expanding in Orono and there is great demand for a rink in the City. Gappa stated he would check on the cost of doing a survey before the work session. PLANNING COMMISSION COMMENTS— JEANNE MABUSTH, REPRESENTATIVE Mabusth stated that the Planning Commission was having a work session on Friday at 8:00 a.m. where they will discuss home occupations and structure massing, and invited the Council members to attend. Moorse stated that the local Rotary club was having a meeting at 7:15 a.m. on Friday at which Ted Mondale will be speaking. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 3. #01 -2735 Zoning Code Amendment —Lot Coverage by Structures — Ordinance No. 215, Second Series Gaffron stated that there was a change in the ordinance wording in the second sentence of item 4. The word "solely" was added so that the item states that bay windows "that act solely as a window" would not be considered lot coverage. He passed out a new copy of the Ordinance. Nygard asked if they had discussed the overhang issue. Gaffron stated it was on a list of things to address in the near future. White moved, and Sansevere seconded, to adopt Ordinance No. 215, Second Series, amending Chapter 10 of the Orono Municipal Code by amending Section 10.03, Subdivision 14 regarding lot coverage by structures. Vote: Ayes 4, Nays 0. • • 0 ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 • *4. #02 -2748 Richard Marzan, 2795 Pheasant Road — Variances — Resolution No. 4767 Sansevere moved, and White seconded, to adopt Resolution No. 4767 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1(B) and Section 10.56, Subdivision 16(E)(F) to allow a 216 s.f. deck and lock box by the lakeshore where a deck of 32 s.f. in area is allowed. Vote: Ayes 4, Nays 0. *5. 02 -2753 Wesley Byrne, 2817 Casco Point Road — Variances — Resolution No. 4768 Sansevere moved, and White seconded, to adopt Resolution No. 4768 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)2 to permit 3,564 s.f. (31.3 %) hardcover in the 75 – 250' lakeshore setback where 4,155 s.f. (36.5 %) exists and 2,873 s.f. (25 %) is allowed, to permit additions to the existing house. Vote: Ayes 4, Nays 0. 6. #02 -2755 Long Lake Fire Station —City of Orono, 340 Willow Drive North — Class III Subdivision, Variance and Conditional Use Permit— Resolutions No. 4769, 4770, 4771 Gaffron stated there were three separate resolutions on the memo, A: Preliminary Plat Approval, B: Variance Approval, and C: Denying the CUP. There was a blank left in Resolution A for the name of the new road. He stated the new road does not line up with any existing Long Lake or Orono road, hence a new road name is needed. White suggested Fire Service Road. Sansevere asked if there was a deceased resident who should be honored with a road named after him or her. Gaffron suggested Fire House Lane. Sansevere suggested Fire Fighter Lane. The Council decided to leave the blank so that they would have more time to consider names. Mayor Peterson moved, and White seconded, to adopt Resolution No. 4769 granting preliminary approval of a subdivision for property located at 340 Willow Drive North. Vote: Ayes 4, Nays 0. White asked if they had not waived the park dedication fee for the fire station, what would they be charging for fees. Gaffron replied that he had not calculated a figure. Since the fire fighters will not use the parks as a resident or commercial employee would, charging the fee was not viewed as appropriate —the fire fighters are not expected to impact the parks at all. 3 ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 6. #02 -2755 Long Lake Fire Station —City of Orono, 340 Willow Drive North— • Class III Subdivision, Variance and Conditional Use Permit — Resolutions No. 4769, 4770, 4771 — Continued Mabusth asked if fees were collected at the time of subdivision for the other lot. Gaffron stated the second parcel was being platted as an outlot, not a lot, so fees would be collected in the future when the parcel is developed. White moved, and Sansevere seconded, to adopt Resolution No. 4770 granting a variance to Municipal Zoning Code Section 10.20, Subdivision 3 to permit the construction of the Long Lake Fire Station at a setback of 40' from the south line of Lot 1 rather than the 50' setback required. Vote: Ayes 3, Nays 1 ( Nygard). Sansevere moved, and Nygard seconded, to adopt Resolution No. 4771 denying a conditional use permit per Municipal Zoning Code Section 10.75, Subdivision 1 to. construct the hose tower at the Long Lake Fire Station at a height of 35' above grade. The tower may be constructed at a height not exceeding 30' above grade. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT • Mayor Peterson asked Moorse what had happened on Friday. He responded that nothing happened, Representative Workman did not bring the Dakota Rail issue onto the floor of the House. Mayor Peterson stated that the Governor does have line item veto and suggested they talk to his staff. Mayor Peterson stated she had met with Gabriel Jabbour, Janet Schaeffer, Mike Bash, Jim Murphy, and MnDOT over the Orono Oaks and Virginia Avenue properties. They also met with Commissioner Tinklenberg, Keith Slater, Tom O'Keefe, the new District Engineer Mr. Winter, and Senators Johnson and Olson. They discussed the main issues: the properties on Orono Oaks becoming full takes and the property on Virginia Avenue not going to condemnation, as well as the utilities —they discussed getting an easement from Burlington Northern. Sansevere stated he had talked to a former Orono resident who was very excited about moving back to Orono in the senior housing complex. He felt the senior housing was being well received and people seemed glad that they had given priority to Orono residents. Sansevere stated he had spoken to the owner of a local food store who had been contacted by the developer about the property on Willow. He would like to be involved in the development with a 20,000 s.f. store. Sansevere stated he did not oppose the idea. • F11 ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 • MAFOR/COUNCIL REPORT — Continued Moorse stated they would discuss that specific issue at the work session on April 81'. White stated they need to work together with Long Lake to develop properties that are adjacent to, or across from each other, though in the other city.. Moorse agreed, and stated that the two cities could never support more than one grocery store. Nygard stated they do not want to bring in outside traffic. Moorse stated that was why they would never bring in a big box grocery store. Nygard stated he had talked to Greg Gappa regarding the weight restrictions for garbage trucks. He stated that Blackowiak parks its large trucks on County Roads 15 and 19, while small trucks run to the houses. National garbage collection companies, like BFI, come in and ruin the roads by not following the restrictions. Gappa stated it is hard to enforce the restrictions. The best solution is to get everyone on a street to agree to using one service provider, and to not use a provider who disregards the City's limits. He stated that BFI has large trucks and is one of the worst offenders. When he calls BFI, they don't return his calls. The City is only able to ticket a small number of the violations. Nygard asked about allowing Blackowiak's big trucks to park 50' onto side roads so that they don't have to park on the county roads while waiting for the small trucks to return with resident's refuse. Moorse stated that Blackowiak needs to market and educate people • about the difference between that company and the others. White suggested including information in the City's next newsletter about what issues people should watch for when selecting a garbage collector. PUBLIC SERVICE DIRECTOR'S REPORT None. CITY ADMINISTRATOR'S REPORT *7. Pay Request —Long Lake Fire Station Sansevere moved, and White seconded, to approve the request for payment in the amount of $41,637.28 to BKV Group. Vote: Ayes 4, Nays 0. *8. Additional Water Patrol Deputies on Lake Minnetonka Sansevere moved, and White seconded, to approve the LMCD's plan for providing two additional water patrol deputies on Lake Minnetonka in 2002, including • authorizing the use of the unused portion of the City's 2001 contribution, plus an 5 ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 *8. Additional Water Patrol Deputies on Lake Minnetonka — Continued additional contribution of $620.14 to fund the program for 2002. Vote: Ayes 4, Nays 0. 9. Bid Award -2002 Insurance Package — Resolution No. 4772 Mayor Peterson asked what they had budgeted for. Moorse stated that the budgeted amounts were right on, except for the worker's comp amount, but that the difference would not cause a problem. Mayor Peterson moved, and Sansevere seconded, to award the 2002 insurance package effective January 1, 2002 to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $58,758; comprehensive municipal property and casualty package, $90,406; umbrella excess liability, $20,313; petrofund reimbursement, $246; open meeting law, $880; boiler and machinery, $1,652; surety bonds, $977; and golf course liquor liability, $563. Vote: Ayes 4, Nays 0. 0 Mayor Peterson moved, and White seconded, to adopt Resolution No. 4772 to Not Waive the Statutory Tort Limits for Liability Insurance Purposes. Vote: Ayes 4, Nays 0. 0 *10. 2001 Investment Report (Information Only) No action was taken. 11. Police Department Donation — Resolution No. 4773 Moorse stated that the family of Lawrence and Alice Brown had made a donation of $1,000 on February 25th with a note thanking Officer Carlson for saving Mrs. Brown in November of 2000 at Culvers. Sansevere asked if they had accepted the first Brown family donation in 2000 and recognized Officer Carlson at that time. Moorse stated he did not recall making it a resolution. White moved, and Nygard seconded, to adopt Resolution No. 4773 recognizing the lifesaving efforts of Officer Mike Carlson, and to accept the donation of $1,000 from the Brown family on behalf of the police department, and express the City's appreciation and gratitude for the donation. Vote: Ayes 4, Nays 0. 0 0 ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 11A. Interim Moratorium on Telecommunication Towers — Ordinance No. 216, Second Series Moorse stated that the moratorium on telecommunication towers would expire shortly and that they wanted to extend it. Mayor Peterson asked if they could extend the moratorium by another 120 days. Barrett stated that they could, but Council should work diligently to complete its work regarding the regulations in a timely manner. Mayor Peterson moved, and Nygard seconded, to adopt Ordinance No. 216, Second Series extending an interim moratorium on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances or other authority relating to the siting of wireless telecommunications facilities and structures in all zoning districts in the City of Orono. Vote: Ayes 4, Nays 0. Moorse stated that at the last meeting the Council had authorized staff to spend up to $5,000 on hiring lobbyists to track Dakota Rail legislation. He stated that was money well spent. Last Thursday, one of the lobbyists found a bill coming before Representative Workman's committee that otherwise would have been missed. Without the phone call from the lobbyist, they would have missed the hearing on the bill and it would have gone through without any input from them. . Sansevere asked how much of the $5,000 fees remained unspent. Moorse stated that the lobbyist's payment was a lump some for the entire session. Mayor Peterson stated that she, the Mayors of Minnetrista, Mound, and Spring Park, representatives of Hennepin and McCleod Counties and MnDOT, and Gabriel Jabbour, and Peter Johnson were all present to respond to the bill in session. She stated that Workman had stated in front of all of them that he would not be going through with the Dakota Rail bill. They plan to send a communication piece to all residents of Minnetonka Beach, asking them to attend a public meeting. CITY ATTORNEY'S REPORT. Council went to an executive session after they adjourned. *12. LICENSES Special Event 0 FA ORONO CITY COUNCIL MEETING MONDAY, MARCH 11, 2002 *12. LICENSES — Continued 1. Applicant: Minnesota Distance Running Association Event: Fred Kurz Memorial 10 Mile Run Race Route: Wayzata Middle School to Luce line— approximately 4.5 miles out and back Date: Saturday, April 13, 2002 Time: 8:30 a.m. —11:30 a.m. Sansevere moved, and White seconded, to approve the above listed license. Vote: Ayes 4, Nays 0. *26. BILLS Sansevere moved, and White seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 8:15 p.m. ATTEST: i da S. Vee, City Clerk 0 Barbara 40 0 0