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HomeMy WebLinkAbout01-26-2004 Council MinutesU MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. 0 ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Jim White; Council Members Jim Murphy, Lili McMillan, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson was absent. Acting Mayor White called the meeting to order at 7:02 P.M CONSENT AGENDA 1. Approve/Amend Items #4, 5, 6, 7, 8, 11, 12, 13, 15, and 16 were added to the Consent Agenda, while item #3 was removed. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. PUBLIC HEARING — 7:00 P.M. • 2. Annual Public Hearing for NPDES Storm Water Pollution Prevention Plan Gappa reported that the City applied for a National Pollution Discharge Elimination System ( NPDES) Storm Water permit, and one of the requirements of this permit is that the City must hold an annual meeting to obtain public comments on this permit and the activities associated with this permit. Gappa explained that this permit requires that the City develop a Storm Water Pollution Prevention Plan ( SWPPP) which includes a set of Best Management Practices (BMPs) describing the City's program for storm water runoff control. He indicated that Orono's SWPPP established 43 BMPs to address the required six minimum control measures which include: 1) Public Education and Outreach 2) Public Involvement and Participation 3) Illicit Discharge and Detection 4) Construction Site Runoff Control 5) Post Construction Runoff Control 6) Pollution Prevention and Housekeeping Gappa pointed out that the City's long- standing development philosophy of low density 2 and 5- acre zoning development and wetland protection to protect Lake Minnetonka, and the other lakes in the City, is the best method of reducing stormwater pollution. With regard to the status of compliance with the permit conditions, Gappa stated that the City is in • substantial compliance with the permit conditions and has continued to maintain the programs and PAGE 1 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. 2. Annual Public Hearing for NPDES Storm Water Pollution Prevention Plan, Continued policies described in the Best Management Practices. He noted that there had not been any substantial changes in the factors that were considered in the development of the original BMPs that would cause these BMPs to not be applicable anymore. Gappa concluded by stating that the City is making progress toward achieving the measurable goals Murphy moved, McMillan seconded, to open the Public Hearing at 7:11 P.M. VOTE: Ayes 4, Nays 0. There were no public comments. Murphy moved, McMillan seconded, to close the Public Hearing at 7:12 P.M. VOTE: Ayes 4, Nays 0. While he did not have the literature with him this evening, White shared the content provided to him by the Metro Transit Commission about a new concrete pervious surface designed to help with runoff. As a potential solution for parking lots and hardcover issues, Gappa stated that these potential runoff solutions continue to be evaluated. McMillan questioned whether the NPDES Storm Water Permit would be evaluated annually Gappa stated that the permit is renewed and updated every 5 years with annual ongoing review. • APPROVAL OF MINUTES 3. Regular Council Meeting of January 12, 2004 P.2 under Public Comments section paragraph 2, Acting Mayor White asked that the final line be amended to read, "...preservation, but there are other pressing priorities at this time." Acting Mayor White moved, Sansevere seconded, to approve the Amendment to the Minutes of January 12, 2004. VOTE: Ayes 4, Nays 0. Murphy moved, Sansevere seconded, to approve the Minutes of January 12, 2004, as amended. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Paul Pesek No Representative was present for comment. PLANNING COMMISSION COMMENTS Although the recent Planning Commission meeting ran late, McMillan reported that she stayed to observe and hear what the public had to say regarding Walgreen's and the Navarre Bowling Alley proposals. She stated that these items would be coming before City Council in the coming months. • PAGE 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. LMCD REPORT - Lili McMillan McMillan reported that the Carson's Bay Bridge is higher; therefore, larger boats can now gain access to the Lake, thus increasing boat density. In response to Deephaven's request for more municipal docks, McMillan stated that the LMCD has begun to form a subcommittee to examine boat density on the Lake. She pointed out that a formula to measure boat density was presented in 1973; however, was not put to use and the subcommittee would like to determine whether the formula has merit today. McMillan indicated that the LMCD Board has appointed Tom Skramstad, of Shorewood, the new Chair. She also noted that Lt. Brian Johnson would be moving on as head of the Water Patrol. Acting Mayor White felt measuring density could be difficult, since many lake residents often put their boats in the water, and seldom use them. He felt it might be hard to gauge density, simply by how many boats are parked at docks. McMillan pointed out that the LMCD has seen stacking problems at the Gray's Bay landing when boats are leaving the Lake. She stated that it would be interesting to compare the density of boats by City, since Orono has the most shoreline, but also the most restrictive regulations. McMillan added that the subcommittee would also evaluate whether the rules regarding contiguous shoreline for individual cities are reasonable. Although he agreed something needed to be done, Murphy contended that, since all citizens own • the lakes, it would not be feasible to restrict the number of boats on the lake. PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road, thanked the City Council for responding to his inability to hear in the audience by speaking into the microphones. Having attended at least 6 meetings, he stated that he had been impressed with how responsive the Council has been to the citizenry. Kempf complimented the Council on how well they work together, how their hearts appear to be in the right place as they evaluate applications, and for their appropriate discussion of the issues. Sansevere thanked Mr. Kempf for his comments and invited him to apply for one of the openings on the Park and Planning Commissions. Kempf stated that, thus far, he had a passive interest in how the community was run. He indicated that he was surprised that more citizens don't take an active or interested role in their community. ZONING ADMINISTRATOR'S REPORT *4. #04 -2970 ROBERT P. MACK, 1525 BAY RIDGE ROAD — VARIANCE — RESOLUTION NO. 5105 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5105, granting side setback, average lakeshore setback, and hardcover variances to replace a flat roof with a pitched roof and construct a carport at the front entrance of the home at 1525 Bay Ridge is Road. VOTE: Ayes 4, Nays 0. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. • *5. #04 -2975 REVEREND LOREN D. DAVIS ON BEHALF OF THE GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, CONDITIONAL USE PERMIT AMENDMENT - RESOLUTION NO. 5106 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5106, a Resolution granting a conditional use permit amendment for 3745 Shoreline Drive in order to change the roof structure from flat to pitched on the existing classroom portion of the church. VOTE: Ayes 4, Nays 0. *6. #04 -2979 DR. DONALD RISTAD AND KENT CASSIDY, 1005 OLD LONG LAKE ROAD, VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 5107 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5107, a Resolution granting a lot area variance and conditional use permit with variance to allow the existing pool to remain on a through lot and encroach into the 50' setback of Highway 12 for the residence located at 1005 Old Long Lake Road. VOTE: Ayes 4, Nays 0. *7. #04 -2980 ORFIELD DESIGN AND CONSTRUCTION INC. ON BEHALF OF MARILYN MCCLASKEY, 2693 KELLY AVENUE — VARIANCE — RESOLUTION NO. 5108 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5108, a Resolution granting a front yard setback variance in order to add a second story over a portion of the • existing home 20' from the front property line where 35' is required for the residence at 2693 Kelly Avenue. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT McMillan reported that she had received a call from a citizen in the Crystal Bay neighborhood who was concerned by the increase in the variance fee. She believed the increase from $200 to $600 to be an excessive jump and prohibitive for small remodel jobs. McMillan asked if staff had received similar comments and invited Council members to comment. Gaffron stated that a half dozen new applications had been filed since the first of the year and he had not received complaints. He agreed that, for smaller neighborhoods, which often need to go through the variance process for any type of project, there might be alternatives. He questioned whether the City should consider rezoning the smaller neighborhoods to match the neighborhood's size in reality. Sansevere questioned whether the fee schedule had been changed to mirror the work load staff goes through in the variance process. He indicated that he had felt the fee jump was too high to start with; but, had gone along with the recommendation. McMillan questioned whether there was an innate fairness issue when a small lot is zoned 2 acres, and obviously does not fit that description, to be charged the higher fee. u PAGE 4 of 10 4 MINUTES OF THE ORONO CITY COUNCEL MEETING Monday, January 26, 2004 7:00 o'clock p.m. MAYORICITY COUNCIL REPORT, Continued Murphy suggested the City monitor the public's reaction to the increase, noting that the increase might deter people from asking for variances, to a certain degree. McMillan queried the potential of offering a separate breakout based on the number of variances requested for an application. Gaffron stated that, administratively, some applications begin with 1 -2 variances, which under further examination turns into 4 -5 variance requests. McMillan asked if other neighborhoods were affected this same way in the Orono area. Gaffron stated that many neighborhoods were zoned differently than what is in place in an effort to protect the lake in the 1970's. McMillan pointed out that rezoning these pockets might, in fact, reduce the workload for the Planning Commission and staff. Since the reality is that, many areas are zoned differently than actually exists, she questioned the amount of time and resources spent trying to obtain a balance. Acting Mayor White suggested this discussion be continued during an upcoming work session agenda. While he had many concerns to add to the discussion, White pointed out that, often, the smaller neighborhoods are where the lower to moderate income residents reside in Orono and • questioned how the fee schedule might impact their ability to improve their housing situation. Murphy set forth an altogether different perspective, the option of not considering variances at all. He believed, though cumbersome, the process was effective. n U Sansevere questioned how the City's fee structure compared to other communities. Gaffron stated that, while the new fee structure put Orono on the high side, Orono entertains more variance requests due to the restrictive zoning and number of nonconforming properties. Council member Murphy gave a progress report on the Highway 12 project, stating that MnDOT is in negotiations with Ames Construction to renegotiate the contract for construction, in an effort to recalibrate the accompanying timeline and road closures. Murphy recommended staff and Council do its best to remind citizens that over the next 3 -4 years all the major thorough fares will be closed at alternating times. He stated that Old Crystal Bay Road was expected to be the first to close in mid spring for the next few years, during which extensive rerouting of the public and school system will be necessary. Murphy indicated that weekly meetings and updates are ongoing with MnDOT. He mentioned that the City of Long Lake would be asking Orono to join them in a series of discussions about the turn back of Highway 12. PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. PUBLIC SERVICE DIRECTOR'S REPORT *8. REQUEST FOR FINAL PAYMENT — COUNTY ROAD 6/BROWN ROAD NORTH SANITARY SEWER PROJECT Murphy moved, Sansevere seconded, to Approve Request for Final Payment, Brown Road N. /CR6 Sanitary Sewer Project to Red Pederson Utilities Inc. in the amount of $8,889.25. VOTE: Ayes 4, Nays 0. 9. CITY OF MEDINA REQUEST FOR SERVICE — KELLER ESTATES DEVELOPMENT Gappa stated that, over the past year, the land in Medina west of Willow Drive and South of the Medina Morningside subdivision has been in the process of being planned for development into 21 units of single - family housing. Since the proposed development will result in additional traffic at the intersection of Willow Drive and County Road 6 and the intersection is in need of major improvements, the developer has indicated that he is willing to pay $200,000 (25 %) towards the cost of the intersection improvements. The developer has requested that the $200,000 be paid at the time the intersection costs are incurred, since the improvements may not occur for 2 -3 years. Gappa stated that staff is willing to accept this timing, subject to sufficient security to ensure the full amount will be available to the City when it is needed. v With regard to the 6 Orono neighbors affected by the development, Gappa stated that each was notified. While density did not seem to be a concern, drainage concerns were voiced by several • neighbors. Gappa stated that staff would recommend that the Council approve the request to add the sewer flow from the proposed additional 21 housing units to the trunk sewer line that currently serves the Medina- Momingside development, subject to the developer's contribution of $200,000 toward the intersection improvements. Moorse reported that the proposed Willow /County Road 6 improvements would not likely take place until 2006 after the Highway 12 construction project is complete. Murphy questioned what level of support had been shown by Medina, since he believed there was some question of their commitment last year. Moorse felt there was support from Medina. Steve Bohl, of BohLand Development, interjected that he was available for questions. He explained that, after receiving approvals from Orono, he would be returning to Medina's Planning Commission. As the proposal complies with Medina's current zoning standards, Bohl felt that he had sensed optimism for the project expressed by the City. He mentioned that consideration with regard to drainage would be given. Gappa asked that the Council include in their motion the condition that the City of Orono gets an opportunity to review the proposed drainage plan. • PAGE 6 of 10 (10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. 9. CITY OF MEDINA REQUEST FOR SERVICE - KELLER ESTATES DEVELOPMENT, Continued Murphy questioned whether the $200,000 would be paid when the costs were truly incurred. He felt the motion was too loose and should require the payment be made ahead of time. Moorse indicated that the City would also require a letter of credit so that it could obtain the money when needed. Bohl stated that they had also considered this question and would be willing to work with staff to determine the best way to process the claim. He suggested an assessment be applied to the construction in 2 years for the future development of the road. Murphy objected to assessing funds over a 2 -3 year period as homes are developed. Bohl stated that the development would likely be built out in 2 -2' /z years, with hook up to begin late summer. Sansevere suggested that the approval be contingent upon the money being available and a letter of credit for security being obtained prior to the first hook -up, all be added to the motion. Sansevere moved, Murphy seconded, to approve the request to add the sewer flow from the proposed 21 additional housing units in Medina to the trunk sewer line in Orono that • currently serves the Medina Morningside development, subject to the developer contributing $200,000 toward the cost of the intersection improvements at Willow Drive and County Road 6 and contingent upon the City obtaining a letter of credit or other acceptable form of security prior to the first sewer hook -up, and review and approval of the proposed drainage plans. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT 10. PAY REQUEST - NAVARRE FIRE STATION Murphy expressed his concern with regard to ongoing problems associated with the Long Lake Fire Station and their relationship with Constructive Ideas representative Bill Wolters. Murphy maintained that there are a series of ongoing minor irritants that have not yet been resolved at the Long Lake Fire Station. Although a great facility, Murphy questioned the commitment of Rochon to correct things. He suggested that, if the City's concerns are not addressed and irritants repaired by the next Council meeting, the City hire someone other than Rochon to complete these and deduct the cost from what is owed Rochon. Sansevere stated that the Council could move to approve the funds owed to BKV Group only. Murphy maintained that the offender is Rochon, and hoped the Council could send the message to everyone that in no more than 3 weeks, just such a motion would be entertained. PAGE 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. 10. PAY REQUEST - NA VARRE FIRE STATION, Continued Murphy moved, Sansevere seconded, to approve the requests for payment in the amounts of $1,620.00 to Constructive Ideas, and $2,349.95 and $3,315.00 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 4, Nays 0. *11. APPLICATION AND CERTIFICATE FOR PAYMENT NO.6 AND 7 - NAVARRE FIRE STATION Murphy moved, Sansevere seconded, to approve the Application and Certificate for Payment Numbers 6 and 7, in the amounts of $165,187.00 and $83,188.72, to be paid from the Navarre Fire Station Construction Fund. VOTE: Ayes 4, Nays 0. *12. ADOPT HENNEPIN COUNTY HAZARD MITIGATION PLAN — RESOLUTION NO. 5109 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5109, a Resolution approving the Hennepin County Hazard Mitigation Plan as written. VOTE: Ayes 4, Nays 0. *13. ACCEPT HENNEPIN COUNTY EMERGENCY MANAGEMENT GRANT Murphy moved, Sansevere seconded, to accept Hennepin County Division of Emergency Management reimbursement grant funding for $1,233.16. VOTE: Ayes 4, Nays 0. 7_� 14. ACCEPT RESIGNATION OF COMMUNITY SERVICE OFFICER JOHN HERMAN • Murphy wished to acknowledge the work of CSO John Herman, stating that he was both delightful and responsive to the needs of the citizens. Murphy wished him well. Sansevere indicated that, to him, John Herman was the template of what a CSO should be. He stated that Herman was a good guy to the public and to pets. He wished he could have stayed to become an officer. Sansevere suggested an acknowledgement or thank you be given to Herman. Acting Mayor White concurred, stating that Herman was an effective CSO and would be missed. Moorse indicated that the Council could honor Herman with a Resolution. Sansevere moved, Murphy seconded, to accept the resignation of CSO John Herman effective March 1, 2004, contingent upon his being fully accepted and placed in his new position. VOTE: Ayes 4, Nays 0. *15. HIRE FULL -TIME COMMUNITY SERVICE OFFICER Murphy moved, Sansevere seconded, to authorize staff to advertise for and extend offer of hire to CSO candidate by February 16, 2004. VOTE: Ayes 4, Nays 0. • PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. Moorse had two updates to report to the Council. While one of the seats would be up for reappointment, Moorse stated that the MCWD had 2 openings coming up and encouraged the Council to recommend anyone else they could refer to these positions. Sansevere suggested Park Commissioners be queried to see if any interest exists among the members to join the MCWD. He believed McDermott would make an excellent candidate for the MCWD, as his background and knowledge would be a perfect fit. Moorse also reported that, while a 3.2 beer license had been approved for Navarre Lanes contingent upon a background check, some concerns have surfaced and need to be addressed before the City Council considers the new application for a full on sale liquor license. Based on what the police department will recommend with regard to the background check, Moorse suggested that the Council discuss the topic further in the upcoming work session. Sansevere stated that he felt it would be premature to plan to hold a Public Hearing at the next City Council meeting without devoting adequate time to discussing the background check. Sansevere suggested the Public Hearing be moved until the 2nd meeting in February, in order to examine the information further before moving forward with a public meeting. • Attorney Barrett stated that the Council must make reasonable progress on the application; however, would not be out of line postponing the Public Hearing two weeks to allow for adequate review. In addition, McMillan stated that she would be reluctant to approve a full liquor license before the improvements have been made. Attorney Barrett suggested the Council take time to examine the background information and make a recommendation on the whole application, including improvements at a later date. *16. LICENSES Kennel License: 1. Colleen and Gabriel Jabbour 985 Tonkawa Road • PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2004 7:00 o'clock p.m. Tobacco License Renewal 1. Lakeview Golf of Orono, Inc. 5. Rick's Market Grant Wenkstern Richard Bloomquist 405 North Arm Drive 3333 Shoreline Drive 2. Navarre Citgo LeRoy Koehnen 3360 Shoreline Drive 3. O'Sullivan John O'Sullivan 2420 Shadywood Road 6. Spring Hill Golf Club Tom Dalum 725 Sixth Avenue North 7. Wayzata Country Club Ted Thie 2002 Wayzata Boulevard West 4. O'Sullivans (Culver's) 8. Western Convenience Store John O'Sullivan Mohamed Hamoude 3340 Shoreline Drive 2160 Wayzata Boulevard Murphy moved, Sansevere seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. *17. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of January 26, 2004 at 8:22 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 1 of 10 Barbara Peterson, • • •