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HomeMy WebLinkAbout09-09-2002 Council MinutesA ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 —� • ROLL The Council met on the above - mentioned date with the following members present: Acting Mayor Bob Sansevere, Council Members Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger and Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Barbara Peterson was absent. Acting Mayor Sansevere called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 4, 8, 8a, 9, 10, 11, 12, 13, 14, 15, 16, and 17 were added to the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. • Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of August 26, 2002 White moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of August 26, 2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS —IRENE SILBER, REPRESENTATIVE Silber was not present. Murphy stated that he had been at the Park Commission meeting. He stated that the Commission had discussed Dog Days and Corn Days. They discussed whether Orono should develop another celebration, possibly a fall festival. Murphy stated he felt Orono could use a weekend celebration in the fall. The Commission also discussed turning the Lurton property into a park. Murphy stated he felt Gabriel Jabbour should be involved in further discussion about the property. r� U ap ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 PLANNING COMMISSION COMMENTS —DAVE RAHN, REPRESENTATIVE None. _ PUBLIC COMMENTS John Larson and John Jerney from the Lafayette Ridge Homeowners Association were present. Mr. Larson stated that Lafayette Ridge consists of 20 homes, 15 in Minnetonka Beach and 5 in Orono. The association shares common interest in the development, including 800' of lakeshore. When they bought their houses, they were told the lakeshore would be developed with docks for the homeowners. 16 slips were installed, leaving 4 homeowners without lake access. Because the Orono portion of the development has no lakeshore, those homes are without slips or dock usage. The fifteen Minnetonka Beach homes were given slips and designated class A homes. One Orono home was given a slip, the other 4 have been termed class B homes without lake access. • Although the Orono homes have no rights to use the docks or beach, the homeowners association votes to charge the entire development for lakeshore related expenses, so Orono homeowners are paying for improvements they aren't allowed to use. Mr. Larson stated he wanted the docks distributed equitably. Sansevere asked Barrett if the City could become involved. Barrett responded that Mr. • Larson and the others should find a private attorney to represent their rights. Because no agreement with the City was being breeched, the City should not set a precedent of getting involved in private claims. Sansevere asked if they had contacted the LMCD. Nygard asked what the LMCD allowed for slips. Mr. Jerney stated the LMCD allows 1 slip per 50' of lakeshore. Murphy asked Larson what his main complaint was. Larson replied that it was the way slips are allocated, and the way the association treats the Orono residents. He stated there is an article in the declaration stating it could not be changed for 20 years and only then with a 75% vote. It's been over 20 years, but 75% of the association is slip - owners and won't vote for any equitable changes. Some slips are not being used by the owners, and they rent them out. Mr. Larson estimates the value of a slip to the homeowner's property is about $80,000. Sansevere stated he did not believe the City could help them. White suggested they may find relief in how the lot was advertised at the time of sale —as a lakeshore property. Moorse stated that when the subdivision was done, Orono and Minnetonka Beach had • 2 is ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 • PUBLIC COMMENTS — Continued very different policies regarding lake access, and Orono made it clear they would not consider dock rights for the Orono lots. Orono could not, therefore support the homeowners getting slips now, considering the City's original stance. Sansevere suggested they approach the LMCD, and stated that while they had the Council Members individual sympathy, there was nothing they could do as a governing body. He also suggested Larson speak to Lili McMillan, the City's LMCD representative. ZONING ADMINISTRATOR'S REPORT 3. #02 -2755 Long Lake Fire Station —City of Orono, 340 Willow Drive North — Class III Subdivision —Final Plat Approval — Resolution No. 4859 Gaffron stated that the final plat drawing for the fire station property had been completed. The road south of the station was designated as Fire Station Drive for platting purposes, although Council could rename the road in the future. Storm water facilities for the fire station were located in Outlot A, which would remain in the City's possession for future development. is The Park Fee was waived for Lot 1, where the fire station is being constructed. The Storm Water and Drainage Trunk Fee of $13,220 is due for Lot 1, and intended to be a 50150 shared cost between Long Lake and Orono. Also outstanding is the $250 final plat fee, another shared cost. Consultant fees incurred to -date are primarily for surveying and plat drawings, expected to total approximately $4,000. Yet to be completed is the execution of covenants to give notice to current and future landowners of obligations and restrictions on the use of the Replacement Wetland and the Impacted Wetland, as well as requiring wetland buffer maintenance, twice- yearly street sweeping, storm water facility maintenance, and prohibiting use of phosphorus- containing fertilizer. Murphy stated that on page 3 of the resolution, item 6 had self - limiting language where it stated the Council's intent was to "accommodate the needs of the citizenry of Orono, Long Lake, and Medina." He suggested adding "and/or others" to the language. White stated that 40' was a large utility easement. Gaffron explained it was for a deep sewer and a water main. Nygard asked if they had dealt with their ordinance regarding allowing other cities owning property in Orono. Gaffron stated there is no ordinance that does not allow other cities to • own property in Orono. There is an ordinance that defines a municipal building as an 3 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 • 3. #02 -2755 Long Lake Fire Station —City of Orono, 340 Willow Drive North — Class III Subdivision —Final Plat Approval — Resolution No. 4859- _ Continued Orono municipal building. Murphy moved, and White seconded, to adopt Resolution No. 4859 approving the plat of Willowfire Addition. Vote: Ayes 4, Nays 0. *4. #02 -2782 Professional Properties of Orono, 2765 Kelley Parkway— Revised Concept Plan — Resolution No. 4860 White moved, and Nygard seconded, to adopt Resolution No. 4860 approving the Revised General Concept Plan for property located at 2765 Kelley Parkway, owned by Professional Properties of Orono. Vote: Ayes 4, Nays 0. 5. Marina Licenses Gaffron stated staff recommended approval of all the marinas for licenses. Because licenses in the past have not been granted until after inspections are held, the 2001 • licenses were not granted, but marinas were allowed to continue operation on the 2000 licenses. The current licenses would be retroactive for 2001 and running through 2002. He stated that the Fire Marshal had inspected all the marinas for compliance and there were no outstanding issues regarding fire safety. There were some issues with Wayzata Marine and its neighbor regarding lighting and noise. Mr. Briggs, Wayzata Marine owner, and Mr. Waade, the neighbor, were both present. Robert Waade of 3286 North Shore Drive stated that he owns a home and two townhouses next door to Wayzata Marine. He stated he had complained about trash spilling over from the marina onto his property. A fence was installed, but there was no landscaping put in to help buffer his townhomes from the marina. He passed photos to the Council of the marina property. He also stated that when he talked to Briggs about boats coming too close to the townhomes' dock and swimming area, Briggs told him to move the dock. Waade stated he's a developer and if he doesn't comply with all the City codes, he gets shut down, yet the marinas operate with little control. The marina's lights and loud speakers disturb him and his tenants. Also, trucks park at the marina all night with their generators running. Briggs apologized for taking up the Council's time with the issue. He stated Waade • 4 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 S. Marina Licenses — Continued refuses to talk to him and calls the police constantly. He stated they've made significant changes to the marina since they bought it. There is a DNR public launch on the other side of their property that requires they use extra lights for security, and the launch users leave garbage that blows onto his property. He stated that if the City says the lights are an issue, they will correct them again. Waade stated he had called Briggs regarding the loudspeakers and Briggs told him he was mad at him for calling the police. Waade stated Briggs has no respect for others. Sansevere asked what the current issues were. Gaffron indicated the primary issues are lighting and the paging system. He stated that the loudspeaker noise should not be "loudly audible," or louder than a normal conversation at the property line. He stated that Briggs had reoriented and redirected speakers both in and outside in order to comply with City requests. Nygard suggested Briggs get walkie- talkies for his employees so there would be no need for Waade to complain. Briggs stated he believed they had complied with the City ordinance, but Waade would is never be satisfied. He stated Gabriel Jabbour could give them more information about both sides of the dispute. Nygard stated that it is Briggs' responsibility as the business owner to keep his neighbors happy. Briggs stated that there is a whole series of problems before them, and he has gone out of his way to accommodate Waade. Murphy asked about the lights. Briggs stated they had changed all the lights exactly as the City had instructed them to. Waade stated the lights are so strong that they reflect off the building and pavement, and that his residents have to keep their curtains drawn to keep out the light. Murphy stated Waade must have had an idea of the issues involved with developing property next door to a marina. Waade stated that when he bought the property he told the City the marina was not up to code and was told that they would address issues as Waade raised complaints about them. Gaffron stated they had recently sent both Briggs and Waade a letter stating what the City could enforce and what it could not, and directing Mr. Briggs to take immediate action on • a number of Mr. Waade's complaints. Some of the issues Mr. Waade raised the City ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 0 S. Marina Licenses — Continued cannot enforce because the marina has been in operation longer than the ordinance has existed. He stated that Briggs recently changed the lights on the property. Gaffron had not been out in the evening to see if there was still an issue. Murphy asked if Briggs could provide light on the east side of the building instead of the back. Briggs stated the lights had always been in their current positions, and he changed them so that they shine downward instead of outward. Nygard suggested he install cameras and reduce his use of security lights. Gaffron stated that the ordinance states the source of the light, ie: the light bulb should not be visible when standing on the property line. Nygard suggested they shield the back of the lights. Briggs asked if light reflections were a violation. Gaffron replied they were not. Nygard asked if there was a limit to the brightness allowed. Gaffron stated there was no current ordinance regarding the wattage of bulbs or of candlepower or lumens. ' Briggs stated Waade received special consideration to increase the density on his property because he was building next to a marina, but now he wants the marina to behave like it's a residence. He stated the primary function of his business is to sell boats, and they have no receptionist —they all take turns answering the phone. To go to a walkie- talkie system • would cause a major shift in how they do business. Murphy stated that City ordinances are not the answer to their problems. The City does not have the resources to pursue each of these claims. He asked what was keeping Waade and Briggs from talking themselves. Waade stated that the first time they talked, Briggs threatened to run over his boat dock. Briggs stated that when Waade first complained, he replied they were busy and he couldn't deal with the complaint immediately. Two days later Waade called the police on him. Briggs stated that Waade has never given him the opportunity to be reasonable. Sansevere stated that City staff would check on lights and loud speakers to make sure they comply with City codes. Waade stated that loudspeakers are not allowed in Orono. Gaffron stated the ordinance has ambiguous language. Nygard offered to help mediate so that Waade and Briggs could work through their differences. White suggested they go to the LMCD over any water issues, and that Waade buoy off his swimming area. Barrett looked at a copy of the ordinance regarding loudspeakers and read that "no person • 2 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 • 5. Marina Licenses — Continued shall use or operate [a loudspeaker] in a loudly audible manner so as to disturb the peace." He stated that staff's interpretation that it should not be louder than a normal conversation at the property line was defendable and reasonable. Sansevere stated that staff would be able to handle follow -up on the matter, insuring that there is compliance where appropriate. Gaffron pointed out that the license was recommended for approval with appropriate conditions. He stated that the lighting was a static issue: once it conformed, it would be considered a non - issue. The noise, however, was an active issue because even with the equipment and volume set, wind direction and the individual user would affect levels of noise reaching the Waade property. Waade stated that on some days they could not hear the loudspeaker, other days it was very loud. Sansevere stated the City could not mandate that the marina go to a walkie- talkie or cell phone system. Gaffron stated that the City's enforcement of the noise ordinance might not satisfy Waade. Sansevere stated he would be satisfied if staff were satisfied. Nygard moved, and White seconded, to direct staff to issue 2001 -2002 commercial • marina licenses to Windward Marina, Genmar /King's Cove, Sailor's World, North Shore Marina, and Wayzata Marine subject to final resolution of the lighting issue to the satisfaction of staff, and with an annotation indicating the 5 requested on -land boats for lake use cannot be customer owned boats for on- demand launching. Vote: Ayes 4, Nays 0. 0 MAYOR/COUNCIL REPORT Nygard stated that he is in favor of supporting Dog Days. Murphy asked if developing Dog Days or other festivals is a job for the staff or the Parks Commission. Nygard suggested they have a public hearing in order to get input from local business owners and residents. White stated that festivals help businesses bridge the slow months until the holidays, and that business owners should be involved in the planning of a festival. White stated he does not care for the name Dog Days. Sansevere suggested combining the City open house with the festival and including a dog show as one activity. Nygard stated it was up to the City Council to help the community grow. Murphy stated that they need to hold a work session about the fire station issues. 7 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 PUBLIC SERVICE DIRECTOR'S REPORT None. _ CITY ADMINISTRATOR'S REPORT 6. Adopt 2003 Tax Levy and Budget—Resolutions No. 4861 & 4862 White stated that fire service cost the City about $200,000 when he began serving on City Council. In 2000 it cost $270,000, and in 2001 it cost $300,000. The increases in service costs have been extreme. Murphy stated that hiring outside providers has become too expensive. Moorse stated efforts to manage fire service costs are very timely after several years of double -digit increases by fire departments serving Orono. Mound wants a 65% increase this year. Maple Plain fire service has doubled in the last 3 years. It will be well worth the trouble and expense for Orono to have its own fire service. Murphy moved, and Nygard seconded to adopt Resolution No. 4861 approving the proposed tax levy to fund the 2003 budget in the total amount of $3,098,400. Vote: Ayes 4, Nays 0. Murphy moved, and Nygard seconded to adopt Resolution No. 4862 approving the proposed 2003 budget in the total amount of $4,712,880. Vote: Ayes 4, Nays 0. 7. Selection of Dates for Truth in Taxation Hearings Council agreed upon December 2 and 9, 2002 as listed in the staff report. White moved, and Nygard seconded, to hold the initial hearing at 5:30 p.m. on Monday, December 2, and the continuation or subsequent hearing at 7:00 p.m. on Monday, December 9, 2002. Vote: Ayes 4, Nays 0. *8. Pay Requests —Long Lake Fire Station 0 White moved, and Nygard seconded, to approve the Long Lake Fire Station requests for payment as follows: The Construction Bulletin in the amount of $264.69, GME Consultants in the amount of $2,720.35, and BKV Group in the amount of $7,098.65 to be funded from the Joint Fire Account; and SEH in the amounts of $526.24 and $401.00 to be funded 50% by the Joint Fire Account and 50% by the City. Vote: Ayes 4, Nays 0. • 0 • ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 *8a. Miscellaneous Equipment —Fire Station White moved, and Nygard seconded to approve the purchase of miscellaneous equipment submitted on August 27, 2002 for the Long Lake fire station in the amount of $18,960.00, and to authorize the expenditure from the Joint Fire Station account. Vote: Ayes 4, Nays 0. *9. Fire Station Site Agreement White moved, and Nygard seconded, to approve the Fire Station Site Agreement, and to authorize the City Administrator to sign the agreement. Vote: Ayes 4, Nays 0. *10. Mn/DOT Request for Right of Entry for Highway 12 Project White moved, and Nygard seconded, to approve the Temporary Permit to Construct at no cost to Mn/DOT. Vote: Ayes 4, Nays 0. 0 *11. Police Department Vehicle Replacement 0 White moved, and Nygard seconded, to approve the conversion of a forfeited 2001 Ford F -150 to the police department fleet as a community service officer vehicle. Vote: Ayes 4, Nays 0. *12. Request to Dispose of 1997 Crown Victoria Squad Car White moved, and Nygard seconded, to approve the disposal of Squad #184 through sealed bid process. Vote: Ayes 4, Nays 0. *13. Metropolitan Airports Commission Assistance Agreement White moved, and Nygard seconded, to approve the assistance agreement for Orono Police Officers to provide security for the Metropolitan Airports Commission at the Minneapolis -St. Paul International Airport. Vote: Ayes 4, Nays 0. 9 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 *14. Amend Program for Deferment of Special Assessments for Persons 65 Years of Age or Older — Resolution No. 4863 White moved, and Nygard seconded, to adopt Resolution No. 4863 amending the Program for Deferment of Special Assessments for Persons 65 Years of Age or Older. Vote: Ayes 4, Nays 0. *15. Well Agreement with Ed Miller White moved, and Nygard seconded, to approve the buy -out of the well agreement with Ed Miller in the amount of $5,075.00, and to amend the General Fund budget to reflect the expenditure. Vote: Ayes 4, Nays 0. *16. North Arm Lane Paving Project — Solicit Quotations — Resolution No. 4864 White moved, and Nygard seconded, to adopt Resolution No. 4864 approving Plans and Specifications and Ordering Solicitations of Quotations for the North Arm Lane Paving Project. Vote: Ayes 4, Nays 0. 16a. Always Remember 9 -11 Day Moorse stated that there was a proclamation related to 9 -11, naming September 11th as Always Remember 9 -11 Day. The proclamation recounted the activities of September 11, 2001 and resolved that residents of Orono would not forget, and would also dedicate their time, talents, and energy to lift one another up and foster a new level of understanding and awareness. "Let us honor the memory of all those who died by being of service to one another and by building the stronger more perfect union our founding fathers called for." Nygard asked if it was appropriate to fly the flag at half - staff. Gaffron stated he believed the Governor had to call for flags at half - staff. Sansevere asked that staff look into it. Moorse stated that staff plan to wear red, white and blue. The Orono schools have planned a school -wide ceremony for 9:45 a.m. on September 11tH Sansevere moved, and Murphy seconded, to adopt the proclamation declaring September I1tn as Always Remember 9 -11 Day. Vote: Ayes 4, Nays 0. 16b. Emergency Shoreline Repair Policy `J Moorse stated that with all the rain lately, some shoreline has been washed out. The current policy requires an application process that takes too much time before shoreline is • 10 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 16b. Emergency Shoreline Repair Policy — Continued repaired -due to the requirement for Planning Commission and Council review. In 1987, when this occurred, Council decided that if shoreline collapsed the staff and City Engineer were authorized to do whatever was necessary to restore shoreline. Gaffron stated that if people are conducting emergency restoration to return shoreline to exactly what it was before, then they should not have to go through an application process. But if the only way to resolve an issue is by a retaining wall, for instance, then the property owner should go through the process for a variance and CUP after - the -fact. Nygard moved, and White seconded, to provide the same authorization to staff and the City Engineer for emergency shoreline restoration as was granted under the emergency policy adopted in 1987. Vote: Ayes 4, Nays 0. 16cl. City Administrator Update Report: Plymouth Lake Water Overflow Moorse stated that Plymouth was looking at an emergency action to pump excess water into Long Lake from Mooney Lake, which has no outlet and is at near flood -level where homes will be affected. Nygard stated that was unacceptable because Long Lake is • already too high and Long Lake feeds Minnetonka. Moorse stated that the Watershed District called him to ask if Orono would meet with Plymouth to discuss a solution to their water problem. Gaffron stated that Mike Panzer, MCWD Engineer, spoke with him regarding Long Lake. He told Panzer that Long Lake was also high, and Panzer agreed that moving the Plymouth water to Long Lake was not a solution. 16c2. Work Sessions Moorse stated there would be a joint work session on Thursday September 12, 2002 at 5:30 p.m. There would be a multi -City Council work session to discuss the Maple Plain fire service on Tuesday September 17, 2002. They had an invitation to meet with Mound on October 3rd regarding fire service. CITY ATTORNEY'S REPORT None. is 11 *17. LICENSES SPECIAL EVENTS 1. Applicant: Event: Location: Date: Time: ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 2002 Brenshell Homes /Tara Stokes Fall 2002 Parade of Homes 2200 Shadywood Road September 7 -29, 2002 noon -6:00 p.m., Thursdays — Sundays 2. Applicant: Steiner & Koppelman/Timothy O'Connor Event: Fall 2002 Parade of Homes Location: 372 Westlake Street Date: September 7 -29, 2002 Time: noon -6:00 p.m., Thursdays - Sundays 3. Applicant: Tony Eiden Company /Tony Eiden Event: Fall 2002 Parade of Homes Location: 525 Sussex Circle Date: September 7 -29, 2002 Time: noon -6:00 p.m., Thursdays - Sundays White moved, and Nygard seconded, to approve all licenses. Vote: Ayes 4, Nays 0. *18. BILLS White moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 9:05 p.m. ATTEST: finA S. Vee, City Clerk Barbara Peterson, Mayor 12 n U E