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HomeMy WebLinkAbout11-25-2002 Council Minutes-3 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 0 ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 were added to the Consent Agenda. White moved, and Murphy seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. ' • 2. Commendation to Officer Mark Tomczyk • Mayor Peterson had Officer Tomczyk come forward while she read the letter of commendation. She thanked him for his dedicated service. Chief Stephanie Good stated that she is especially proud of the excellent job Officer Tomczyk did under dangerous circumstances. Mayor Peterson stated she appreciates everything the police do for the citizens of Orono. PUBLIC HEARING 3. Charitable Gambling Ordinance — Proposed Revisions Gappa stated that the Public Hearing was to discuss an ordinance allowing the City to take 10% of proceeds from charitable gambling within the City. Multiple Sclerosis Society at Narrows Saloon is currently the only charitable gambling operation in Orono. He stated they were notified of the Public Hearing. Mayor Peterson opened the Public Hearing at 7:10 p.m. Drew McDermott stated that the Parks Commission would like to receive the 10% from charitable gambling to help fund parks projects. ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 3. Charitable Gambling Ordinance Proposed Revisions — Continued Gappa stated that lawful uses include the parks, but there were other options for spending the money. Sherokee Ilse stated that Orono is the only city not collecting the 10% from charitable gambling in Minnesota. Mayor Peterson closed the Public Hearing at 7:14 p.m. Sansevere asked if the Parks Commission wanted to take the 10% from the MS Society, or if it would only be from new operations. He stated that the MS Society donated $2,000 to the Parks for a handicapped water fountain at Navarre Park. McDermott stated they would allow the MS Society an exemption. Another Parks Commissioner stated that he and some other commissioners disagreed and felt all charitable gambling operations should pay the 10 %. Gappa stated that there was no "grandfathering" in, and that all charitable gambling operations would have to be treated equally. 04 Sansevere stated that he could not support the gambling ordinance because it would force the MS Society to give up some of their money. He stated that the Council had always a' helped the Parks Commission find money for projects in the past and would continue to do so. Murphy asked how much the Parks Commission could gain from the 10 %. Moorse stated it would be about $1,500. Murphy stated that seemed like a small amount to worry about. McDermott stated the Parks Commission was in debt and any funding would help. Another Parks Commissioner stated that the gambling funds would go up and down, and some years could provide a significant income. Mayor Peterson stated she has trouble taxing any charitable organization when they already give so much to the community. - ` s" Sansevere asked if the Parks Commission could get a charitable gambling permit themselves. McDermott stated he did not know, but would approve of it. Tom Barrett arrived at 7:22 p.m. Sansevere asked Barrett if the MS Society could be grandfathered in under the new gambling ordinance. Barrett stated that all cases would need to be treated equally, with no special circumstances. 04 2 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 • 3. Charitable Gambling Ordinance Proposed Revisions— Continued White stated that he approved of the 10% tax. The MS Society has many avenues for fund raising. He suggested that the City make an annual fund from the pull -tab revenues and then decide each year what to do with the funds, including possibly donating some back to the MS Society. Nygard stated he favored the tax. Sansevere stated he was interested in White's idea of donating back to the MS Society. Gappa stated that once the City receives the money, it is required to use it on lawful expenditures, and that donating it back would probably not be lawful. Ilse stated that the Parks Commission is in debt because they borrowed against the future Park's budget. She stated that they are embarrassed to compare Orono's parks to those of other cities. Murphy asked if they have any budget allocation for the parks. Moorse stated they have a parks maintenance budget, and a $5,000 annual levy for capital items, plus park dedication fees. • Sansevere asked if the Council has ever denied the Parks funding. McDermott stated that the Navarre budget got cut and they had to back afterwards to put in things that were requested by the community. They had to get loans to purchase the Larson -Sohns property and Hackberry equipment. He stated there are not many large subdivisions left in Orono, and the Parks Commission is $100,000 in debt. Mayor Peterson stated they should budget more funding for the parks because the subdivision won't last. McDermott stated most cities budget $40- 100,000 for their parks each year. Moorse stated that the last couple of years the City had been under levy limits. Murphy suggested taking money from a different budget and moving it to the parks budget. Barrett stated that on page 5 of the packet, item 3, it stated that the City was allowed fo use the 10% to contribute to charitable organizations. Gappa stated that it also said, "A contribution may not be made to an organization licensed to conduct lawful gambling that- contributed to the fund." So the City would not be able to give back to the MS Society. Murphy suggested the City match 10% of the charitable gambling profits, instead of taxing the charities, and then budget it into the Parks fund. White suggested they pass the ordinance to have it in place for future gambling operations • and then opt to waive the tax. Barrett stated he would be concerned by such a system in ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 3. Charitable Gambling Ordinance Proposed Revisions — Continued • , that it would not treat all operations equally. Sansevere stated that if the MS Society left, then would be the time to pass the ordinance. White stated that the City would be notified of any new applications for charitable gambling within Orono, and they could revisit the issue if a new organization was coming in. No action was taken. APPROVAL OF MINUTES *4. Regular Council meeting of November 12, 2002 White moved, and Murphy seconded, to approve the Minutes of the Regular Council Meeting of November 12, 2002. Vote: Ayes 5 Nays 0. PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated that they will not meet again until January. Other than Sherokee Ilse, who has completed the maximum number of terms, all commissioners up for reappointment have indicated they are interested in another term. The plans for the sidewalk along County 19 are moving forward. Hackberry Park was practically complete and was already being used. He stated the construction team did a great job and everything went quickly. He would like to hire them again. - - s' He stated Gappa met with the Prairie Restoration people regarding French Creek. They felt the area was in good shape. In the beginning they hadn't done soil amenities, but now- the plantings are taking. Prairie Restoration recommended planting wildflowers along the borders for effect. McDermott stated that they now have an annual contract with Prairie Restoration so that French Creek will receive the care it needs, as needed. They will remove a road segment in Crystal Bay and reseed in the spring. Mayor Peterson stated that letters would go out to the Parks Commissioners regarding • , 4 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 • PARK COMMISSION COMMENTS DREW MCDERMOTT, REPRESENTA TI VE —Con tin u ed their reappointment, but that the Council would like to meet with each one individually to discuss their appointment in January. PLANNING COMMISSION COMMENTS —LIZ HAWN, REPRESENTATIVE None. LMCD REPORT —LILI MCMILLAN McMillan stated that they had their annual meeting with the Hennepin County Water Patrol. They appreciated the two -year plan. This summer they had two drownings that involved long searches that were staff - intensive. If it weren't for the two additional deputies, Lake Minnetonka wouldn't have had a deputy at all for those periods of time. Overall, it was a safe summer. They plan to finalize their budget in the coming weeks and hope that Hennepin County DID will fund both of the deputies for next year. McMillan thanked the Council for helping to fund the project and getting it going. She stated that if Hennepin County does not fund the project, they would have to design some sort of voluntary funding program. • They bought a milfoil harvester a couple of years ago. The program began in the late 1980's, when they bought five harvesters. Now they've replaced one, and plan to trade in two toward the purchase of a new one. They would like to have three to four new machines, and they still have money in the fund for the new machine. White asked about zebra mussels. McMillan stated they are working with the Lake Minnetonka Association. They paid inspectors to check at water access points, but would like people to volunteer to do checks. It's a high manpower and education issue. She stated the-DNR focuses on the rivers. - '" s' The LMCD revenues and expenses came in on -line this year. White asked if there was anything LMCD wanted from the Council. She suggested getting people to volunteer to give up some property for stormwater drainage to protect the lakes. White suggested they do another educational brochure regarding lakeshore landscaping that the City could distribute with water bills. 5 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 PUBLIC COMMENTS None. - ZONING ADMINISTRATOR'S REPORT 5. #02 -2711 Western Steel Erection, Inc., 2687 Wayzata Boulevard — Conditional Use Permit Amendment — Resolution No. 4892 Gaffron stated that the Fire Marshall reviewed the site and approved it. They only needed to get the plan on paper. Murphy moved, and Sansevere seconded, to adopt Resolution No. 4892 granting a temporary amendment to certain conditions of Resolution No. 4727. Vote: Ayes 5, Nays 0. 6. #02 -2840 Dahlstrom Development LLC, "2550" Wayzata Boulevard West — General Development Plan Review 104 Gaffron stated that the applicants were there to present the final plan to Council. They were not asking for a specific motion from Council. The Planning Commission had seen • the plan and held a public hearing. He stated that the Planning Commission had voted for approval 7 -0. The vote covered: 1. Site layout, 2. Building styles and proposed materials and color palette, 3. Provisions for pedestrian circulation, accessibility and connectivity, 4. Recreation amenities, public and private, 5. Overall landscape plan. The plan may need some revision due to the Watershed District changes in wetland delineation. He suggested Council look at the streetscape of Kelley Parkway and comment on the affordable housing issue. Steve Johnston of Dahlstrom Development stated that the Watershed District declared just under 1 acre as wetland that had been previously delineated as upland. They agreed to accept the new line for now and pulled five units out of the development plan to balance the economics with the wetland impact. - The plan still centers around a roundabout and water area. They have ramblers, which are the single story units with a pitch roof on the north side of the development. There will be some varying architectural styles. On the south side, the townhouses will be two stories with tuck -under garages and porches that open onto the street. The lofts remain in the same location as before, with two underground parking spaces per • a n ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 ' • 6. #02 -2840 Dahlstrom Development LLC, "2550" Wayzata Boulevard West — General Development Plan Review — Continued unit. He stated that the lofts were the least developed of all the plans, but that they would be back in 2004 for further review of the loft plans. Previously, the lofts had three entrances onto Kelley Parkway, now there are two. The development has three entrances to Kelley Parkway total now, plus an unpaved emergency vehicle access. - The private and public open space includes a trail from Willow View, to Kelley, to Highway 12. There will be sidewalk along both sides of Kelley and trail along Highway 12. The trails will have safe separation between the bikes and pedestrians. There will be a tot lot area, bocce ball, and possibly a fire pit. They were gathering amenities near the rainwater storage areas. There will be a gazebo in the roundabout area. The roundabout area will have limited access points with hedges and retaining walls making it unattractive to cross the street outside designated areas. The main entrance will have a monument with recirculated water in the fountain. He stated that the roads have sufficient width for moving vans. Mn/DOT was reviewing the permit for regional ponds. He stated he had heard it was doable and would be approved. 016 Mayor Peterson asked Moorse if he had been to Plymouth. He stated he had been to see the lighting in Plymouth. He stated it is brighter than a shoebox light. He asked the applicant about their planned lights. Steve Johnston stated that the pole height is a variable to be decided based on the lighting intensity desired. White stated that the lights installed would be setting a precedent for the area along Highway 12. He suggested Council all go look at different lighting types around the area. Steve Johnston stated the lamp type would not need to be finalized for six to eight months. He stated -they prefer the Nostalgia series pictured in the packet, with a straight pole and . an acorn light on top. Gaffron stated streetscaping was an issue because they want the type of trees along the boulevard to be in sync with plans for future landscaping to the east. Steve Johnston stated that the retaining walls will be in limestone, a sort of riprap, dry stacked with landscaping fabric behind it. They will be using limestone throughout the development. • Gaffron stated there was a transportation study underway. He did not anticipate any 7 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 6. #02 -2840 Dahlstrom Development LLC, "2550" Wayzata Boulevard West — General Development Plan Review — Continued significant changes to the traffic system outside the development. The study should be completed within a week. White stated that Council would be looking at the affordable housing issue for the City of Orono in regard to future projects. Gaffron stated that regarding development fees, the City had estimated the property value to be $8.92 million, but it was actually purchased for $5.86 million. The developer took issue with the residential minimum per -unit fee of $3,250 and proposed an 8% cap at $2,265. The developer suggested that the City's fee structure did not account for the public and private recreational amenities provided in the development. Gaffron stated that only public trails could be subject for discussion in terms of reductions. The park fees estimated by staff were $683,400, and proposed by the developer were $468,737. • 4 The City estimated $726,216 for sewer and water charges, and the developer proposed $514,773. The developer wanted to pay the S &W fee only for the dry buildable portion of the land, as that is how the density is calculated. The fee had previously been charged on a unit basis and in 2000 was $3,645 per unit for sewer, and $5,050 for water. In 2001 the fee went to a per acre charge based on gross acreage, including wetlands. The per -unit fee • based on gross land area comes to about $3,600 per unit. If the fees were still determined per unit, they would come to $9- 10,000 per unit. While the former owner, and not the developer, benefited from the restructuring, the City is obligated to have the development pay its fair share of the costs of the existing infrastructure it benefits from. The developer suggests that the stormwater and drainage trunk fee should be based on dry buildable land acreage. Based on the entire acreage, the fee comes to $299,752. Based on dry buildable, it comes to $213,872. Gaffron stated that as noted in a recent staff memo and code amendment regarding the SW &DT Fee for 2 -acre and 5 -acre zones, the original ordinance established a fee structure based on the entire acreage of the various zones of the City and did not exclude wetlands from the calculation method. _mss The developer was requesting credits for the trunk water and storm sewer facilities constructed by the developer in the amount of $16,912 for provision of excess capacity in water lines the City has required to 12" vs. 8 ", and a credit for $151,088 for construction of the regional pond, as well as construction of facilities to serve the property to the west. Gaffron stated staff would review the fees proposal and make a recommendation to Council on December 9, 2002. Steve Johnston stated that they felt the 8% park dedication fee is preferable and the high level of recreation facilities that are being constructed in the development should be • 4 9 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 0 6. #02 -2840 Dahlstrom Development LLC, "2550" Wayzata Boulevard West — General Development Plan Review — Continued considered. He stated they do not have the same per -unit costs as single - family homes that are being built. The people they will attract in the development will not be heavy park users as they will not be families with children. Sansevere stated plenty of applicants have claimed that they wouldn't be using the parks, but still were not exempt from the fees. McDermott stated that they have ambitious plans for the trails in that area and want them to connect to surrounding parks. White asked if 8% was the norm, and if that developer was being treated differently. He suggested Council discuss it at a work session. Steve Johnston stated that regarding the trunk fees, their site is larger than the dental office, but their rate per acre is the same. He stated the fees should be applied toward their construction costs of the trunk drainage system. White and Mayor Peterson agreed Council should discuss the fees at a work session. 00 Gaffron stated they would provide additional plans regarding the engineering issues. He also had copies of the covenants available to bring to the work session. • White questioned the commercial piece of the development on Willow and Highway 12. Steve Johnston stated that the project was not dependent on the commercial area and they could proceed with construction as soon as possible. No action was taken. *7. #02 -2834 Robert and Julie Wiens, 1425 Bay Ridge Road — Conditional Use Permit — Resolution No. 4893 White moved, and Murphy seconded, to adopt Resolution No. 4893 granting a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of constructing a berm along the northern border along North Shore Drive. Vote: Ayes 5, Nays 0. G� ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 *8. #02 -2839 Boyer Building Corporation, 3320 Watertown Road — Preliminary Subdivision — Resolution No. 4894 White moved, and Murphy seconded, to adopt Resolution No. 4894 granting preliminary approval for a two -lot subdivision of property located at 3320 Watertown Road and owned by Boyer Building Corporation. Vote: Ayes 5, Nays 0. *9. #02 -2846 Loren Pellett, 4753 North Shore Drive — Variances— Resolution No. 4895 White moved, and Murphy seconded, to adopt Resolution No. 4895 vacating a portion of an unimproved street within the plat of Bergquist & Wicklund's Park, Hennepin County, Minnesota. Vote: Ayes 5, Nays 0. *10. #02 -2849 Steve Jacobson, 4185 Sixth Avenue North — Variances — Resolution No. 4896 White moved, and Murphy seconded, to adopt Resolution No. 4896 granting a variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow construction of an attached garage/bedroom addition to the existing house to be 41.3' from the front lot line where 100' is required in the RR -1A zoning district. Vote: Ayes 5, Nays 0. *11. #02 -2851 Kevin Curley/Wendy Kellett, 1291 Briar Street— Variances- Resolution No. 4897 White moved, and Murphy seconded, to adopt Resolution No. 4897 granting a variance to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow construction of a front porch to the existing house to be 22.4' from the front lot line where 50' is required and 24.8' from the side lot line where 30' is required in the RR -1B zoning district. Vote: Ayes 5, Nays 0. _ s" MAYOR/COUNCIL REPORT Mayor Peterson stated that she had received a request from the Minnetonka City Attorney for high -speed Internet service. Moorse stated that no service providers would go out to the five -acre zone, and some cities are financing the business themselves. If they were to go wireless, they would need to construct towers with antennas. Murphy stated it's not a business for the City. • 10 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 • MAYOR/COUNCIL REPORT — Continued Murphy stated that the bid letting for Highway 12 would be delayed until May. The feds used to permit the starting of a project without the purchase of all the necessary properties being complete. Because of too many issues with property owners wanting to change terms of the purchases after projects were begun, they no longer allow that. Now they require the Mn/DOT to own all properties along the right -of -way. Moving of the railroad portion will be delayed by one year, and the entire project will be delayed some. The railroad will now start in 2005, instead of 2004. Murphy stated the Orono and Long Lake Fire Advisory Committees would be meeting regarding Long Lake picking up Navarre. He stated that Long Lake had that day received notice that the fire chief was quitting his job as of December 2nd, and that there would be a special election held on December 2nd as well. He stated that there was the question of how much authority was held by the City and how much by the fire chief. He also stated it was an opportunity to get fresh leadership in the fire department. PUBLIC SERVICE DIRECTOR'S REPORT *12. Casco Circle Drainage Project 1 • White moved, and Murphy seconded, to accept quotation in the amount of $10,950.00 from Red Pederson Utilities, Hopkins, Minnesota for completion of the Casco Circle Drainage Project, to be funded from the Stormwater Utility Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. • *13. Hennepin County Property Information Data Base Agreement— Resolution No. 4898 White moved, and Murphy seconded, to adopt Resolution No. 4898 authorizing the City of Orono to execute an agreement for the use of Hennepin County's Property Information Data Base. Vote: Ayes 5, Nays 0. *14. Extension of Hennepin County Agreement for Mapping Data Use — Resolution No. 4899 White moved, and Murphy seconded, to adopt Resolution No. 4899 authorizing extension of the agreement with Hennepin County for use of computerized mapping data. Vote: Ayes 5, Nays 0. 11 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 *15. Accept Donation from Trinity Lutheran Church for Seven Nations Park 0 White moved, and Murphy seconded, to accept an $800 donation from Trinity Lutheran Church for Seven Nations Park Improvements. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *16. Long Lake Fire Station Pay Requests White moved, and Murphy seconded, to approve the requests for payment as follows: BKV Group in the amount of $4,898.86, and GME Consultants, Inc. in the amount of $4,366.77, to be funded from the Joint Fire Account. Vote: Ayes 5, Nays 0. *17. Application and Certificate for Payment No. 7 —Long Lake Fire Station White moved, and Murphy seconded, to approve Application and Certificate for Payment No..7 from Rochon Corporation in the amount of $220,035.00, to be funded from the Joint Fire Fund. Vote: Ayes 5, Nays 0. *18. Extend Moratorium on Telecommunications towers — Ordinance No. 223,2 nd Series White moved, and Murphy seconded, to approve Ordinance No. 223, Second Series, extending 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 structures in all zoning districts in the City of Orono. Vote: Ayes 5, Nays 0. *19. Appreciation to Minnetonka Portable Dredging Company — Resolution - No. 4900 White moved, and Murphy seconded, to adopt Resolution No. 4900 in appreciation to Lake Minnetonka Portable Dredging for their assistance with the Big Island clean up. Vote: Ayes 5, Nays 0. 12 0 • ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 ' • *20. Letter of Intent to Purchase Replacement Squad Cars White moved, and Murphy seconded, to approve a letter of intent to purchase three replacement squad cars for 2003 on the state bid to Superior Ford. Vote: Ayes 5, Nays 0. *21. Elimination of Facility Rental Charge from Police Service Cost Allocation White moved, and Murphy seconded, to approve the elimination of the facility rental charge from the police service cost allocation process. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. *22. LICENSES One Day Gambling— Resolution No. 4901 / • Orono Hockey Boosters, Inc. Pancake Breakfast —Orono High School Cafeteria Sunday, January 19, 2003 D• White moved, and Murphy seconded, to adopt Resolution No. 4901 approving the application of Orono Hockey Boosters Inc. for a one -day off -site gambling license. Vote: Ayes 5, Nays 0. Annual Liquor Licenses Club On Sale Liquor Spring Hill Golf Club 725 Sixth Avenue North Wayzata Country Club 200 Wayzata Boulevard Woodhill Country Club 200 Woodhill Road Off Sale Liquor 12 Hi Liquor 2160 West Wayzata Boulevard 13 Navarre Liquors Inc. 3421 Shoreline Drive On Sale 3.2 Beer Lakeview Golf of Orono, Inc. 405 North Arm Drive Orono Golf Course 265 Orono Orchard Road South Off Sale 3.2 Beer O'Sullivan's 2420 Shadywood Road s" O'Sullivan's II 3340 Shoreline Drive ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 2002 On & Off Sale 3.2 Beer Navarre Lanes 3435 Shoreline Drive White moved, and Murphy seconded, to approve the above listed licenses. Vote: Ayes 5, Nays 0. *23. BILLS White moved, and Murphy seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 8:55 p.m. ATTEST: -r Linda S. Vee, City Clerk 14 Barbara Peterson, Mayor s' •4 • 4 04