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HomeMy WebLinkAbout06-24-2002 Council Minutess MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 • 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Bob Sansevere, Jim White, and Jim Murphy; City Attorney Thomas Barrett; Representing staff were Planning Director Mike Gaffron, Zoning Administrators Paul Weinberger and Wendy Bottenberg, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Absent were Council Member Jay Nygard and City Administrator Ron Moorse Mayor Peterson called the meeting to order at 7:00 P.M. CONSENT AGENDA 1. Approve /Amend Items 6 - 13, 15 and 16 were added to the Consent Agenda. Item 5 was removed from the Consent Agenda. • Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of June 10, 2002 Murphy moved, Sansevere seconded, to approve the Minutes of the Regular Council Meeting of June 10, 2002. Vote: Ayes 4, Nays 0. PRESENTATION 3. Legacy Foundation As there were no representatives from the Legacy Foundation, the presentation was postponed. PARK COMMISSION COMMENTS - Pat Wolfe, Representative Pat Wolfe was not present, therefore no comments were provided by the Park Commission. PLANNING COMMISSION COMMENTS - Jan Berg, Representative • Berg stated that she had nothing to report. PAGE 1 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 4. #02 -2780 Often. Brothers Nursery, 2380 West Wayzata Boulevard - PUD Amendment Cliff Otten, Applicant, and Don O'Reilly, Otten's Garden Center Manager, were present. Weinberger explained that Otten Brothers had applied to amend PUD Agreement #1 that was executed with the approval of the East Willow Woods in 1990. The proposed amendment is to permit a restaurant use on the property and to lift the exception clause within the PUD agreement that limits the number of B -1 permitted uses on the property. r� L PUD Agreement #1 defines standards and conditions for how the property may be used. The permitted uses for Lot 1 (which contains the building and greenhouses) include the nursery and office use of the existing building and property. Other permitted uses included items listed as permitted in the B -6 zoning district and B -1 zoning district. Both lot 1 and 2 of the Otten property are zoned PUD with an underlying B -6 designation. Any changes to the PUD, or to the zoning of the property to add new permitted uses needs to be done carefully, and in a way that • ensures the use of the property fits into the City's plans for the broader Highway 12 area. Weinberger reported that Otten Brothers is also requesting that Class I Restaurants be listed as a "permitted use" to include restaurant use beyond the existing "Daisy Diner ". Prior to 1996, Class I Restaurants were listed as permitted uses in the B -6 district. The Daisy Diner is open to the public, but does not have any exterior building signage. The restaurant is accessory to the nursery use of the property. Additionally, Weinberger noted that other issues including noise and screening need to be addressed. The Planning Commission recommended that the adjacent property owners and Cliff Otten seek mediation to resolve the ongoing issues. Weinberger pointed out that the City of Orono can facilitate the mediation, but the mediation itself will be conducted by an outside service. A condition of the PUD Amendment should be to begin the mediation process. With regard to restaurants, in general, as a permitted use to the PUD Agreement, the Planning Commission recommended denial of the request. They recommended denial of the request to include all B -1 uses as permitted uses as well. Mr. Otten stated that the Daisy Diner is a trial of sorts to see if the market will support this effort. Don O'Reilly toured the country in an effort to gauge the demand for such an addition and found • it to be effective in other locations. Mr. Otten questioned why Class I Restaurants, allowed prior PAGE 2 of 17 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #02 -2780 0 TTEN BR 0 THERS NURSERY— Continued) to 1996, were omitted from the permitted uses of his PUD and asked if they could be put back into the agreement. In fact, he questioned the rationale of many crossed out items on the PUD Agreement, and even some that were not. As stated in the staff report some such uses "could be seen as detrimental to the City of Orono.. ", Mr. Otten questioned realistically how could his allowing a book store to occupy his property be detrimental to Orono. He asked why he had also been told that he cannot advertise his Daisy Diner, if it is to be successful, the diner must advertise its existence. There were no public comments at this time. White asked if Mr. Otten's objections surrounded the ban on advertising. Mr. Otten stated that he also questioned why he could not have a waitress serve coffee or bring people their orders after they've placed them. Murphy questioned staff if anyone could recall the rationale behind many of the stricken items being crossed off the list in the first place. He added that his only reservation in allowing restaurants would be that a fast food service might move in. • Gaffron indicated that Murphy made a good point, no one could explain why some of the items were crossed off, while excluding others, like liquor stores. Weinberger noted that the diner is an accessory use to the garden center. If a freestanding structure or restaurant were proposed, the parking shortage would cause an issue. In fact, Weinberger indicated that if a restaurant were built, it would be subject to public review. Sansevere stated that he had no strong objections to allowing the diner as a permitted use and asked why anyone might object to having a waitress bring them a cup of coffee. White questioned what would be wrong with a tasteful neon sign in the window advertising the diner. He stated that bookstores and others offer coffee etc. for spouses or visitors to enjoy as they browse, and asked what the problem would be with that here. Mr. O'Reilly mentioned that most of the comments he has received are from people who have stopped for a cup of coffee or bite of lunch elsewhere, and then said if they had only known Otten's Daisy Diner existed they would have waited to buy it there as they shopped. Murphy asked if Otten has been limited from advertising in the paper. Sansevere reiterated that he saw no conflict with allowing a restaurant at that location. He added . that across the street there already are venues, fast food, coffee, etc. and this would not impact the intersection greatly. PAGE 3 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #02 -2780 OTTENBROTHERSNURSERY— Continued) Mr. Otten stated that he would like to be allowed many of the crossed off items on his PUD, so that every time he has a potential lessee, he does not have to come in front of the Council to make changes. Mayor Peterson stated that Mr. Otten would like to make Class I Restaurants a permitted use and be allowed the advertising to support one. Mr. Otten maintained that he could not understand why the class I restaurant use was crossed off in 1996 in the first place. Murphy questioned if they might be opening a "Pandora's box ", by allowing restaurants and asked staff if they foresaw any major issues with doing so. Weinberger saw no issue with the Class I Restaurant permitted use and stated that prior to 1996 it was an allowed use. Sansevere indicated that if they tried to increase the size of the restaurant, the parking issue would limit what they could do, and a freestanding structure would be subject to public review. • Weinberger and Gaffron agreed that restaurant use should be reviewed on a case by case basis. • The concession style stand that Otten proposes is an accessory use to the business. Sansevere repeated that he did not foresee an increased amount of traffic due to the diner business and pointed out that a great deal of traffic already exists at that intersection. Murphy asked if the whole building would be allowed to support restaurant use. Weinberger stated that a restaurant could be allowed anywhere on lot 1, however, if an accessory building were built then they would have to come before Council once again. Murphy asked Mr. Otten if the City allowed the use as accessory to the nursery, was that acceptable to him. Mr. Otten pointed out that by limiting his PUD agreement, the City continues to diminish the value of his property, however, increasing his taxes nonetheless. Mr. White argued that Mr. Otten's statement was unwarranted. Mayor Peterson asked for the definition of a Class I Restaurant. Weinberger read the following definition: Class I Restaurants are sit down restaurants where food orders are generally taken at a table, or a restaurant where food is ordered cafeteria style PAGE 4 of 17 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #02 -2780 0 TTEN BR 0 THERS NURSERY— Continued) and taken to a table for consumption. This would include most any restaurant except those that might serve liquor or have live entertainment available, which would be classified as Class II Restaurants. Mayor Peterson asked if it could be a McDonalds or an Arby's etc. that moved in. Weinberger clarified that a fast food drive in style restaurant would be a Class II Restaurant. Sansevere stated that it is not far away that a fast food chain is allowed and he had no problem with the Class I Restaurant use allowed here. Murphy asked if Otten's property could now be a subject of a restaurant or coffee chain. Weinberger replied that would be the case. White asked if this would be the time to address the other issues and build them into the negotiation. • Weinberger indicated that he would like to see the other issues be discussed and then a motion be put forward which might set the condition to allow and seek mediation as a part of it. Weinberger explained that there have been a series of issues that have gone on for years, essentially, since the business began operation. As noted on the plat map, the residential properties of East Willow Woods are located immediately to the north of the nursery. Issues regarding screening and noise have been ongoing since its inception, particularly, the types of equipment used and the hours of their operation. Weinberger reported that the Planning Commission heard from neighbor, Mr. Walvatne of 710 Dickey Lane, regarding some of the issues and the City felt because how long this had gone on, that the Planning Commission made a recommendation that the City seek a mediation service to discuss issues on both sides in order to help the two sides come to a resolution. Staff had since contacted the North Hennepin Mediation Program based out of Brooklyn Center, who would be willing to work on this situation. White believed that in order to be a good neighbor, the problems should be addressed before allowing the rezoning change. Mayor Peterson reminded the Council that Otten Brothers is in compliance with the original PUD. Weinberger affirmed her statement. PAGE 5 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. i 002 -2780 OTTENBROTHERS NURSERY— Continued) Sansevere was hesitant to tie the rezoning changes to the issues with the neighbors. He asked for clarity whether Otten Brothers needs to be in compliance with the City's requirements or the neighbors. Murphy asked for more specifics, stating that he had heard about the ongoing struggles, and questioned if the two were willing to undergo mediation. Mr. Walvatne, 710 Dickey Lane, stated that he did not have a problem with mediation. Mayor Peterson acknowledged that other property owners to the north have expressed their objections to the noise level, as well as, Mr. Walvatne. While Mr. Otten had no objection to mediation, he stated that the "airport scenario" rings true in his situation. A few of the neighbors have moved in after Otten Brothers, knowing full well what to expect, only now are complaining about the noise etc. Murphy reiterated that Mr. Otten seems to be in full compliance, and asked staff to confirm this. White asked if the equipment that the neighbors object to is running during business hours or • after. Mr. Walvatne stated that the front loader runs all day, from 7AM to 8 PM. Murphy asked if those were the hours that his business is allowed to operate. Mr. O'Reilly stated that the front -end loader runs during evening business hours unloading soil. Mayor Peterson asked how much the equipment is used. Mr. Otten stated that it runs probably 5 times an hour. White pointed out that the hours of operation are normal and within City rules. Murphy stated that although he would like to encourage these individuals to be good neighbors, the City should avoid getting involved in their issues. He added that he was hard pressed to understand why the City is involved at this point. Mr. Walvatne stated that the original screen required by the City was inadequate and several of the trees were placed on his property. Weinberger asked if there wasn't an agreement for the original screening. PAGE 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 • 7:00 o'clock p.m. ( #02 -2780 0TTENBR0THERS NURSER Y— Con tin ued) Mr. Otten stated that, at one time, he and the neighbors were civil, and the trees he placed along the property line to create the screen were for both he and them, and he had felt at the time if they overlapped this was not an issue. Mr. Walvatne objected to the choice of trees used and pointed out that some have since died over the past 10 years. Mayor'-Peterson stated that in the City's view, Mr. Otten has done what was requested of him and is still willing to seek mediation. Sansevere reiterated the question, why this issue is before the Council if Mr. Otten is in compliance. He believed it was not the Council's place to get involved. Mayor Peterson again stated that while Otten Brothers is in compliance, the argument is, if initially, the PUD should have gone further. Mr. Walvatne maintained that the equipment creates excessive noise. • Sansevere repeated that this has nothing to do with the application and should not be part of the PUD amendment. Murphy asked Mr. Walvatne if he would like Otten Brothers to get rid of their front -end loader. He asked what the underlying issues might be. Mr. Walvatne maintained that after monitoring, the front -end loader exceeded acceptable decibel ratings by 1 decibel, and stated that he would like to see Ottens get a new loader. Murphy argued that the average person cannot distinguish between three decibels. Mr. Walvatne stated that, in 1989, the noise that might potentially be generated by the front -end loader was a concern even upon its approval. He stated that the noise is constant and can be heard even within his home. Mr. Walvatne questioned the need for a piece of equipment that size. Mr. O'Reilly maintained that a bobcat would not suffice and would take ten times longer. Mr. Otten suggested checking to see if the reverse beeping mechanism volume could be changed. Mr. Walvatne stated that he is not alone in his complaint. • Murphy pointed out that he was the only one present. Murphy then asked who would pay for mediation services. PAGE 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #02 -2780 0TTENBR0THERS NURSERY— Continued) Weinberger indicated that the mediation service is a nonprofit organization, who enters into an agreement with the City. Weinberger stated that the neighbor at 725 Dickey Lane had voiced complaints relative to the screening as well. Murphy maintained that, as long as Mr. Otten is and has been in compliance and is willing to enter into mediation, these other issues should not be tied into the CUP amendment. Mr. Otten agreed to enter into mediation; however, questioned if what is resolved will satisfy his neighbors. Mr. Walvatne handed out a photo of the screening that was placed along the property lines 10 years ago and felt it did not meet 100% coverage, especially since some of the trees are dying today. Sansevere and Murphy felt the 10 -year -old photo did not give a clear picture of what was there today and maintained that even what was planted has likely filled in. Mr. Walvatne stated that a fence would be most desirable. Mayor Peterson asked if the two parties would agree to mediation and the outcome of it. Mr. Otten and Mr. Walvatne agreed to both beginning mediation and accepting the outcome as binding. Mayor Paterson advised staff to handle the process and notify Council of the resolutions. Mayor Peterson asked for further comment regarding the PUD amendment. Murphy believed the Daisy Diner would be an attractive ancillary part of the Otten Brothers business and had no problem with the diner. He did admit to feeling a bit uneasy over opening up Highway 12 to restaurants overall and asked staff if this would create problems in the future. Gaffron stated that B -1 allows restaurants and, in general, he did not view this to be a problem. Sansevere, once again, stated he had no objections. Murphy moved, to accept the Planning Commission recommendation with the provision; however, that the City does allow restaurants in B -1. PAGE 8 of 17 • • • L.J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #02 -2780 0 TTEN BR 0 THERS NURSERY— Continued) Gaffron reminded the Council that the property is in the B -6 district and they are amending the PUD that zones just this property. He cautioned the Council that they do not want to give the impression that they are rezoning the B -1 district. White indicated that he did not oppose additional signage, but did not want to see it all over. Murphy asked Mr. Otten if they would like to advertise that the restaurant exists. Mr. Otten indicated that they would like to include the diner in their signage and in their ads. Weinberger stated that the Planning Commission felt the advertising could refer to the diner subtlely, without large additional signage that would attract traffic. Mr. Otten suggested scratching items #1, 3, and 5 from the Planning Commission and staff recommendations. Attorney Barrett suggested omitting items 1 and 5 since a Class I Restaurant is beyond the cafeteria style proposed here. • Murphy withdrew his earlier motion. • Murphy moved, White seconded, to approve the request to amend the PUD Agreement to allow a concession stand style restaurant to operate within the building as an accessory use to the nursery retail, subject to the Planning Commission and staff recommendations, omitting items 1 and 5. Vote: Ayes 4, Nays 0. Sansevere moved, White seconded, to allow Class I restaurants, in general, to be added as permitted uses to the PUD Agreement. Vote: Ayes 4, Nays 0. Murphy suggested scheduling a work session to look in greater detail at the PUD list and make recommendations or changes to the line items. Mr. Otten inquired over the legality of the City to continue to revisit and change the PUD Agreement. Attorney Barrett stated that it is permissible and within the zoning power of the City to make changes to the agreement. Weinberger noted that the changes to the PUD Agreement will be on the July 8, 2002 agenda for adoption of the amended documents. PAGE 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. LICENSES- revisited Jonathon Tomhave, 1200 Orono Oaks Drive, stated that he recently obtained a firearm license and wanted to share with the City the great lengths he had to go to obtain the license since 9/11/01. He stated that he had been interviewed by the department of treasury for 1 1/2 hours, in addition to many other interviews and background checks. The thoroughness was extraordinary in contrast to 5 -6 years ago when there was little background checking. He cautioned the Council to take a closer look at the people who have been grandfathered in versus those who are new licensees. Sansevere stated that he had a greater concern over those who carry firearms and do not possess firearm licenses at all. 5. #02 -2788. BRAD AND CAROL PASS, 250 NORTH SHORE DRIVE WEST, PRELIMINARY PLAT, RESOLUTION NO. 4826 Brad and Carol Pass, Applicants, and Chuck Alcon, Project Manager, were present. Weinberger explained that the applicants have applied for a preliminary plat to divide the 14 acre property into two building sites, a shared driveway, and a conservation outlot ( Outlot B). Outlot B is part of a much larger conservation easement area that will be dedicated as conservation land to the Hennepin Conservation District. A variance is required for a wetland crossing to provide driveway access to the properties. The driveway access is the only acceptable location on the property as provided by Hennepin County. Hennepin County has also requested a land dedication that would include a right -of -way dedication for all land 60' from the centerline of C.R. 19, the purpose of which is for a designated bikeway. Weinberger noted that the proposed plan meets the requirements of zoning and subdivision ordinances, and the intent of the Comprehensive Plan. Based on the staff findings and conditions, the Planning Commission voted 6 to 0 to recommend approval of the subdivision. Project Manager, Chuck Alcon indicated that the Pass' had questions with regard to two of the fees to be paid and the right -of -way request. First, with regard to the storm water access fees, they questioned the $2,300 per acre storm water and drainage trunk fee as it pertains to wetland and non -sewer and water lots. At approximately $12,000 per lot this figure seemed high and Mr. Alcon suggested the wetland area be discounted. They also questioned the $5,300 park dedication fees and asked for comments. PAGE 10 of 17 0 0 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #D2 -2788 BRAD AND CAROL PASS —Continued) Finally, Mr. Alcon suggested that the City consider 33' right -of -way, which would be consistent with what has been previously dedicated along the corridor, in fact, to go wider the wetlands will be adversely impacted. Attorney Barrett asked who currently owns the additional 20 acres that is to be granted the conservation easement. Mr. Pass indicated that his wife's family owns the property and they are in negotiation to obtain the property in order to conserve it. Barrett questioned how access will be gained to the land. Weinberger explained that since there will be conservation land dedicated on most of this land, there is no need to improve the current access road. Barrett pointed out that the land does not yet belong to the Passes and more needs to be done to ensure that the land will be accessible if the sale does not go through and development ensues. • Mr. Alcon indicated that the final plat will not be filed until they own the property. He continued that due to a "like exchange swap" they are negotiating, they cannot do more at this time that might jeopardize them. 0 Murphy questioned if the Council could simply limit the development on that property. Barrett suggested including such a development limitation in the motion. Mr. Pass pointed out that the City does have the ultimate control over what is developed on those 20 acres. He reiterated that they are buying the property to save it from development. Barrett recommended that he be allowed to work with the applicant's attorney to identify the appropriate number of homes to limit the development to if need be. Mr. Alcon gave Attorney Barrett a draft letter of intent for his review. Mr. Barrett felt this was a good start. With regard to storm water and dedication fees, Mayor Peterson asked for comment. Gaffron stated that the storm water fee rationale was based on properties 2 to 5 acres and the costs associated with developing and doing plans for these larger parcels. PAGE 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. • ( #02 -2788 BRAD AND CAROL PASS — Continued) Public Service Director Gappa stated that storm water trunk fee figures were based on an analysis of 10 different parcels in the City that were currently undeveloped and could possibly develop in the near future. The costs for storm water system facilities to serve these larger parcels were divided by the total acres in each parcel to determine an average cost per acre for storm water facilities. The average cost per acre for the 10 different parcels was $2,700. The intent of the fee is to include both wetland and nonwetland areas in calculating the fee for a new lot. Mayor Peterson asked if there were questions regarding the park dedication fees. Mr. Pass stated that these additional fees make it difficult for them to afford the whole project. He added that they are not wealthy people, and simply have good intentions, he hoped that the City might consider eliminating the wetland portion of the land in their calculations. Sansevere stated that while he empathized with their situation, it would be precedent setting to alter the fees. Murphy inquired over the possibility of the City giving consideration to dry versus wet land. Mr. Alcon stated that the Passes were hopeful that an exemption for the wetland could be made. • Gappa stated that both wetland and nonwetland areas were used in determining the trunk fee. The cost for storm water facilities is fixed and if only nonwetland areas had been used to determine the fee, the trunk fee would be higher because there would be less area over which to spread the storm water improvement costs. Mayor Peterson explained that the City needs to treat everyone equally, therefore, they could not make the exception the Passes were looking for. She inquired over the park dedication fees. Gaffron stated that this is not a new sale, therefore the park dedication fee may be less than the $5,300 cited, but not less than $3,200. Mr. Pass reminded the City Council that they are working to give the City a park, an area of conservation forever, and asked what the City could do for them to make it possible. Gaffron suggested they discuss the right -of -way issue. Recently, Gaffron explained, the County changed its philosophy with regard to trail access. Today, if the County requests R.O.W. and builds a trail, and the City did not originally mandate the R.O.W., the City is required to purchase the R.O.W. that was not acquired when the lot was sold. Murphy questioned, if not for this situation, what the park dedication fee was meant to help • offset. PAGE 12 of 17 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. ( #02 -2788 BRAD AND CAROL PASS — Continued) Gaffron asked if the Park Commission had looked at this as a potential trail. Gappa indicated that the Park Commission recommends taking the easement dedication on roads where a future trail is planned. County Road 19 is a planned Hennepin County trail route and is a crucial link in trail network around Orono. Mr. Alcon questioned whether it made sense to run a trail thru the wetland in the first place. Mrs. Pass felt that if a trail were to be constructed it would make more sense on the opposite side of the street versus running thru the wetland. Gappa argued that this corridor could provide a valuable link for a bike path if it is meant to be. No matter which side of the road the trail is located on there will be difficult areas. Gaffron pointed out that the Comprehensive Plan indicates a R.O.W. requirement of a total of 100' for a major collector road, like McCulley Road. He believed that 33' was probably not enough, while 40', or better yet 50' would be consistent to what's been done up north. Gaffron felt that 60' was excessive and would recommend 50'. • White asked what impact this might have on the placement of the potential home site. Gaffron noted that the home would likely be on the other side of the wetland. White suggested reducing the storm water fee for the R.O.W portion since they are donating a larger portion of their land for the R.O.W. Mr. Alcon asked for the attorney's comment regarding the letter of intent. Barrett indicated he would meet with the Pass attorney to work out details and suggested Council make a motion subject to City Attorney approval. White moved, Murphy seconded, to adopt Resolution No. 4826 approving the preliminary plat for the property located at 250 North Shore Drive West and a variance to permit wetland alteration subject to staff conditions and City Attorney approval. Vote: Ayes 4, Nays 0. *6. #02 -2792 PAUL T. AND KAY K. STUDEBAKER, 250 RUANN ROAD, VARIANCE, RESOLUTION NO. 4827 Murphy moved, Sansevere seconded, to adopt Resolution No. 4827 approving a lot area • variance to construct a new residence on the lot located at 250 Ruann Road. Vote: Ayes 4, Nays 0. PAGE 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. *7. #02 -2794 CHRIS AND GAIL BOLLIS, 200 STUBBS BAY ROAD, VARIANCE, RESOLUTION NO. 4828 Murphy moved, Sansevere seconded, to adopt Resolution No. 4828 allowing a variance to permit a storage building to be located between the principal structure and the street for the property located at 200 Stubbs Bay Road. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT White-reported that he had recently attended the League of City Meeting in which he picked up an application for a grant to aid staff in developing historic preservation ordinances. The deadline for application is July 25. He also viewed a fire safety video, which suggested the installation of residential sprinkler systems. The systems were costly, but cost effective in the long run. Sansevere noted that the Summit Beach access at Long Lake had been closed for health reasons over the weekend. He asked how often the County performs tests to ensure no bacteria are present in the lakes. n U White indicated that Hennepin County performs random testing, which can be impacted by many things. • Gappa stated that two people were reported ill on Saturday after visiting Summit Beach and due to the excessive rains it has been difficult to obtain an accurate sample for testing. Sansevere asked if any changes will be made to the no parking signage along North Shore Boulevard in order to avoid further misunderstandings. Gappa stated that the police department sent a letter to the County requesting different signage, but have not heard from them yet. Sansevere stated that people are parking cars and trailers here and causing safety hazards on the road and in the channel. He suggested the newspaper people pursue this story. Murphy reported that MNDOT is working to resolve issues with homeowners for the proposed Highway 12 access and recommended Council invite the R.O.W people to come in to give a status report to them regarding any outstanding issues. He indicated that there are questionable issues outstanding pertaining to some residences. Mayor Peterson urged the Council members and public to walk thru the new Minnetonka Center for the Arts. The grand opening was held over the weekend and it looks great. 0 PAGE 14 of 17 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. (MAYOAICOUNCIL REPORT— Continued) Mayor Peterson read a letter from Paul Kade, a developer, who complimented zoning administrator Wendy Bottenberg for her professionalism, understanding, and clarity in handling his questions. He applauded the City on such an effective employee. The Mayor acknowledged Ms. Bottenberg and complimented her and staff on their ongoing efforts. *8. OLD CRYSTAL BAY ROAD PAVEMENT REHABILITATION PROJECT Murphy moved, Sansevere seconded, to authorize the completion of a State Aid Funded pavement reconditioning project on Old Crystal Bay Road from TH 12 to Fox Street in conjunction with the new TH 12 bypass project. Project plans and specifications to be completed by TKDA Engineers with project construction administration by MNDOT. Vote: Ayes 4, Nays 0. Murphy moved, Sansevere seconded, to authorize the completion of a feasibility study, by Bonestroo Engineers, for a State Aid funded pavement reclamation project on Crystal Bay Road from TH 12 to County Road 6. Vote: Ayes 4, Nays 0. • *9. CITY PARTICIPATION IN STORMWATER PERMIT GUIDE PLAN Murphy moved, Sansevere seconded, to approve City Funding of $5,000 to the League of Minnesota Cities for the development of a Guide Plan for the NPDES Phase II Storm Water Permit Application. Funding to be from the Storm Water Utility Fund with a budget adjustment to the year 2002 Storm Water Utility Fund Budget to reflect this expenditure. Vote: Ayes 4, Nays 0. *10. LONG LAKE FIRE STATION CHANGE ORDER NO. 1 AND SEWER FUND BUDGET ADJUSTMENT Murphy moved, Sansevere seconded, to approve Change Order No. 1 for the Long Lake fire station project in the amount of $82,220 for the expedited installation of sewer and water lines to serve the fire station, and to amend the 2002 sewer fund budget to reflect the expenditure. Vote: Ayes 4, Nays 0. *11. PAY REQUESTS -LONG LAKE FIRE STATION Murphy moved, Sansevere seconded, to approve the requests for payment in the amounts of $12,507.50 to Kirk Program Management, and $17.41 to Benco Messenger Service, Inc., and $74,359.90 to Rochon Corporation to be funded from the Joint Fire Station Fund. Vote: Ayes 4, Nays 0. PAGE 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. • *12. PAYMENT FOR REPLACEMENT OF WELL ON THE ED MILLER PROPERTY Murphy moved, Sansevere seconded, to approve the payment of $7,372 to Mr. Ed Miller for the replacement of the well on his property, and to amend the General Fund budget to reflect the expenditure. Vote: Ayes 4, Nays 0. *13. CONTRACT FOR SQUAD CAR REPAIR Murphy moved, Sansevere seconded, to award contract for public safety vehicle maintenance and repairs to Chunk's Lakeshore Auto for the period of July 1, 2002 through June 30, 2003. Vote: Ayes 4, Nays 0. 14. SCHEDULE WORK SESSION The work session will occur on Tuesday, July 2, 5:30 P.M. Gaffron asked to schedule an additional work session in which the Council would join the Planning Commission as they preview a revised presentation by Dahlstrom Development. The proposed work session will occur on either on July 10 or 11 at 8:00 A.M , Gaffron will advise. CITY ATTORNEY'S REPORT None. *15. LICENSES GARBAGE HAULER 1. Veit Container Corp. 1400 Veit Place Rogers, MN 55374 C� HOME OCCUPATION LICENSES 1. Jonathon Tomhave (sales of historically significant firearms) 1200 Orono Oaks Drive Orono, MN 55356 0 PAGE 16 of 17 • 0 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2002 7:00 o'clock p.m. (LICENSES — Continued) SPECIAL EVENT LICENSES 1. Applicant: Rick Recker Event: Corn Days Annual 4 Mile Run Race Route: Hackberry Park at Willow Drive, south to Brown Road, north to Orchard Lane, west to Holbrook Park Date: August 11, 2002 - Time: 11:15 A.M. 2. Applicant: Judy Daghmer/Dog Days of Summer Committee Event: Dog Days of Summer Location: Navarre Business Area Date: August 10, 2002 Time: 10:00 a.m. - 8:00 p.m. Murphy moved, Sansevere seconded, to approve all licenses. Vote: Ayes 4, Nays 0. * 16. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:20 P.M. ATTEST: Zy�l I U inda S. Vee, City Clerk PAGE 17 of 17 Barbara Peterson, Mayor