HomeMy WebLinkAbout07-26-2004 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
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 Jim White, Bob Sansevere, Jim Murphy, and Lili McMillan; City
Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planner Janice
Gundlach, Public Service Director Greg Gappa, and Recorder Kristi Anderson.
Planning Director Mike Gaffron and City Engineer Tom Kellogg were absent.
Mayor Peterson called the meeting to order at 7:01 P.M
CONSENT AGENDA
1. Approve /Amend
Items #9, 10, 11, and 12 were added to the Consent Agenda.
Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. Regular Council Meeting of July 12, 2004
• Murphy moved, White seconded, to approve the Minutes of July 12, 2004, as submitted.
VOTE: Ayes 5, Nays 0.
•
7:00 P.M. — INFORMATIONAL MEETING
3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT
Gappa presented the Council with an update regarding the Birch Lane drainage improvement
project based on feedback acquired at a July 19`x', 2004 neighborhood meeting. In addition to
crowning the road and using curb and gutter to direct water, he explained that the preferred option
involved the installation of a 10 "pipe in the City right of way on the west side of Baldur Park Road
to a point 150' north of the intersection and then the construction of a drainage swale, since the
elevations are too low to continue the pipe. The swale would continue north across a small
privately owned unbuildable parcel to drain water into the wetland adjacent to North Arm Bay.
Gappa indicated that he had spoken to the owner of the unbuildable parcel, who resides in
Washington State, who had expressed concerns about the impact the easements might have on
future development of this parcel. Gappa stated that he explained to the owner that under Orono,
Watershed District, and both Federal and State regulations, filling wetlands was absolutely not
allowed, nor was the installation of a dock without a principal structure. Although the property is
located entirely within the 75' setback zone the City offered the owner $2.00 per square foot for the
easement which results in $1,500 compensation on a parcel that pays merely $7.00 per year in
taxes. Gappa stated that he had not gotten further response from the owner.
PAGE 1 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
(3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT, Continued) .
Mayor Peterson asked how many neighborhood residents were in attendance this evening.
Approximately 8 individuals raised their hands.
Jeff Michelson, 1436 Baldur Park Road, asked whether the swale opening into the wetland across
the street would cause him further back up in the culvert next to his home.
Sansevere encouraged Michelson to speak to Gappa about the details regarding the Swale as the
project proceeds.
Gappa stated that, to his knowledge, although residents Roth, Ackermann, and Swenson were
present at the Monday evening meeting, none of them were entirely interested in granting
easements across their property.
Charlotte Lipa, 3490 North Shore Drive, stated that she had spoken to those neighbors and that
they had indicated to her that they did not oppose a permanent easement along the back edge of
their lot lines to resolve this problem. She urged Gappa to make contact with them to get a
definitive yes or no directly.
Gappa agreed that they had indicated that this might be a hopeful solution.
White questioned whether the City could proceed with condemnation of the unbuildable parcel,
since it would be answering a public service for the whole neighborhood and is unbuildable now
anyway. •
Attorney Barrett agreed that condemnation of this parcel would be consistent with the Council's
past position with regard to the good of the public interest.
Mayor Peterson asked whether this option would be the preferred option by all.
Gappa verified this to be the preferred option, especially since the wetland would provide a
filtration system for the water before it entered the lake.
Attorney Barrett explained that the City could proceed with a 90 day quick take, after performing
an appraisal to determine the market value of the parcel.
Murphy asked if the neighbors agreed this to be the preferred option.
The neighbors agreed they preferred this solution; however, Michelson wanted some assurance his
culvert would not be further impacted.
While members of the Council did not favor condemnation, Sansevere stated that if all assurances
could be made that this parcel is unbuildable, he would support condemnation. McMillan, White,
and Mayor Peterson concurred.
Gappa stated there would be no way the property could be buildable in the wetland and within 75'
of the water. Moorse concurred.
PAGE 2 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
• (3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT, Continued)
White stated that the option to split the water two ways seemed the most logical solution, especially
in light of the extensive public testimony over the past several months.
Sansevere urged Gappa to contact the owner of the parcel in Washington State via telephone and
attempt to negotiate with him regarding the easements or inform him of the condemnation
proceedings.
Betsy Nusbaum, 3480 North Shore Drive, asked if the 90 day condemnation proceedings would
delay the entire project or whether the City could begin to lay the curb and gutter etc.
Gappa indicated that the curb and gutter could be laid along Birch Lane.
Kenton Carlson, 3498 North Shore Drive, stated that, having lived here for 35 years, his experience
had been that the 8" pipe could typically handle 98% of the runoff. It is in the spring when the pipe
is still frozen and the snow begins to melt that the neighborhood is faced with problems. He was
confident the City would not have problems until next spring again, when the pipes freeze. In the
meantime, Carlson suggested the City resolve the problems faced by the residents on the south side
by crowning the road and installing curb and gutter directing water to the corner, while it continues
work on the condemnation proceedings which would then allow the project to be completed.
Mayor Peterson reiterated the question whether the City could complete this half of the project
iswhile pursuing the condemnation process.
Gappa agreed this could be done.
•
Charlotte Lipa asked who made the decision to install curb and gutter and urged the City to give
careful consideration whether they wish to install additional impervious surface of curb and gutter
in this rural narrow street. She was concerned about the cost of the installation, as well as, the
stormwater flowing directly from Birch Lane into Crystal Bay via the 8" pipe.
Gappa maintained that the only way to direct water away and past the lower lying properties along
Birch Lane would be to install curb and gutter which could channel the water to the corner.
McMillan explained that oftentimes, curb and gutter can be used to channel water in an efficient
manner to areas where it can be treated. She commented that, unfortunately, the design of the
existing pipe was a poor design from the beginning, but must be used to resolve the immediate
issues.
Mayor Peterson noted that this narrow road had long since lost its rural nature, due to the sheer
density of the area. She indicated that she agreed with the staff recommendation.
White pointed out that the installation of curb and gutter was discussed in previous meetings and
indicated that if Ms. Lipa had reservations, she should have voiced them at that time.
PAGE 3 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
(3. BIRCULANE DRAINAGE IMPROVEMENT PROJECT, Continued) •
McMillan reiterated that the Council's first concern was to get the drainage issues resolved for the
residents of this neighborhood and stop the water from running into their yards. She encouraged
staff to pursue conversations with the Ackermanns and Swensons regarding easements along their
property lines while simultaneously pursuing the condemnation proceedings. McMillan urged staff
to strive for a quicker resolution this summer.
Murphy asked what other alternatives remained and whether swaling or berming resident's
property was an option to consider.
Gappa stated that the neighborhood is so tight that there would not be sufficient room for additional
swales, berms, or ditches. He believed the preferred proposed option to be the most fair of those
discussed and saw no other way to proceed.
Ron Cloud, 3460 North Shore Drive, stated that his home was raised once to see over a berm the
City created back in 1951 and he did not wish to be surrounded on both sides by berm.
Based on resident and Council input, Mayor Peterson directed staff to pursue the two prong
approach by completing the first phase of the project, obtaining quotes to construct curb and gutter,
crowning the road and additional road work, while pursuing the negotiations or condemnation
proceedings with the owner of the unbuildable parcel, and contacting the other two residents about
their easements.
Gappa stated that it would be better to use the vacant parcel than to try to impact current owners so
and their properties.
Attorney Barrett concurred with the Mayor that staff should pursue the two prong approach.
Mr. Carlson thanked City staff and the Council for their effort and patience in trying to resolve the
problems for this neighborhood.
Michelson asked if the neighbors would see a final design.
Moorse stated that the City would finalize specs, get quotes and an appraisal, contact the vacant
property owner, and the other two neighbors regarding easements and report back the second
meeting in August.
Mayor Peterson asked if the project could be finalized before winter.
Moorse indicated that the first half of the project could be complete by fall, but if the vacant
property enters into 90 day condemnation proceedings, the project would not be complete until
spring.
Ms. Nusbaum reiterated Michelson's question whether finished plans would be available for
review.
n
LJ
PAGE 4 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
• (3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT, Continued)
Mayor Peterson repeated staff's assertion that everything the City has, including elevations, cross
sections, etc. would be available for review the second meeting in August.
PARK COMMISSION COMMENTS — Andrew McDermott
Chair McDermott had nothing to report.
PLANNING COMMISSION COMMENTS — Mark Fritzler
Fritzler reported that most of the Planning items were contained in the Consent Agenda.
LMCD REPORT — Debora Halvorson
Halvorson reported that weekend zebra mussel inspections will continue throughout the summer
with inspectors asking boat owners where their boats have been. Halvorson stated that,
interestingly, most boaters trailered their boats in and out of Lake Minnetonka. She informed the
Council that the LMCD is completing work on an educational video pertaining to zebra mussels
which will be broadcast on cable access channels. Halvorson requested that the City continue to
publish additional information in the newsletter and on the website. In addition, Halvorson pointed
out that milfoil harvesting, which began June 9`h, will continue through mid August.
• With regard to safety at Big Island, Halvorson reported that the additional safety lanes have been
working well, although some boaters have been using the lanes for swimming. She noted that the
LMCD may have to consider placing limitations on the number of boats rafting together.
Halvorson stated that boat density and attitude studies are being performed, with the results to
follow.
•
Sansevere questioned whether the City of Orono, which makes up 40% of the shoreline on the lake,
should have more representation on the LMCD.
GOLF COURSE SUPERINTENDANT REPORT — Ron Steffenhagen
Moorse introduced Ron Steffenhagen, golf course superintendent, to comment on the violation to
the liquor ordinance by a golf course employee.
Steffenhagen apologized to Administrator Moorse and the City Council for the violation by one of
his staff members. He assured the Council that he had taken steps to ensure that this does not
happen again, including sending employees to annual classes about carding patrons. He indicated
that, as a general rule, employees have been told to card anyone who appears to be under the age of
35.
Sansevere asked if this employee or others card on a usual basis. He indicated that it was an
embarrassment that a City business was caught not carding.
Steffenhagen stated that he had seen all of his employees carding patrons. He expressed his sincere
apology that the City employee failed to card in this situation.
PAGE 5 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
(GOLF COURSE SUPERINTENDANT REPORT — Ron Steffenhagen, Continued) •
Mayor Peterson asked what the fine would be or what discipline the employee faced.
Moorse stated that the $500 fine would be directed to the Healthy Communities, Healthy Youth
initiative. In addition, he explained that the employee may incur an additional fine in court and was
not allowed to sell alcohol until completing additional training.
On a different note, McMillan complimented Steffenhagen on the beautiful course and conditions
of the greens. She asked how business was.
Steffenhagen stated that the past weekend was the best of the season thus far.
Sansevere encouraged Steffenhagen to distribute to all of the employees a list of the risks they face
if they serve alcohol to minors, not to mention termination the next time.
Murphy thanked Steffenhagen for his willingness to come in and address this issue head on. He
commented that everyone has learned from this experience.
PUBLIC COMMENTS
Mrs. O'Malley, 2740 Kelly Avenue, stated that, on behalf of the residents off Kelley Avenue, she
wished to thank the City for opening the gates at Lydiard beach to grant better access to the
neighbors. She asked what process the City takes when it decides to close or gate off a public beach •
in notifying the neighbors.
Attorney Barrett stated that as the City was not vacating a public right -of -way, there is no legal
requirement regarding notification to the neighbors.
ZONING ADMINISTRATOR'S REPORT
*4. #04 -3026 DAVID POMIJE, 801 TONKAWA ROAD — AFTER THE FACT
VARIANCE — RESOLUTION NO. 5205
Murphy moved, White seconded, to adopt RESOLUTION NO. 5205, a Resolution granting
after - the -fact lake setback, bluff setback, and hardcover variances in order to rebuild a
lakeside deck at 801 Tonkawa Road as consistent with the setback and hardcover levels
approved in a 1992 variance request. VOTE: Ayes 5, Nays 0.
*5. #04 -3030 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH —
VARIANCE — RESOLUTION NO. 5206
Murphy moved, White seconded, to adopt RESOLUTION NO. 5206, a Resolution granting a
lakeside setback variance to allow grade level decks within 150' of the OHWL on a natural
environment lake and a hardcover variance for 8% hardcover within the 0 -75' setback zone
in order to construct lakeside decks over existing patios at 1005 Willow Dr. S. VOTE: Ayes 5,
Nays 0.
,7
PAGE 6 of 10
r1
U
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
*6. #04 -3032 CHARLES AND ROSEANNE SIMPSON, 2695 KELLY AVENUE —
VARIANCES — RESOLUTION NO. 5207
Murphy moved, White seconded, to adopt RESOLUTION NO. 5207, a Resolution granting a
lot area variance and lot width variance to permit construction of a new residence at 2695
Kelly Avenue stipulating implementation of the recommendations of the City Engineer in the
letter dated 7/6/04. VOTE: Ayes 5, Nays 0.
*7. #04 -3035 MARK AND SUSAN STROBEL, 525 HUNTER PASS — CONDITIONAL
USE PERMIT — RESOLUTION NO. 5208
Murphy moved, White seconded, to adopt RESOLUTION NO. 5208, a Resolution granting
approval of the Conditional Use Permit to allow plumbing in an accessory building in order
to construct a bathroom consisting of a toilet, sink, and shower within the existing pool
cabana located at 525 Hunter Pass stipulating execution of the covenant stated within the
Zoning Ordinance Section 78 -418 (b) (e). VOTE: Ayes 5, Nays 0.
8. #04 -3036 DURABILT ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS,
3785 WATERTOWN ROAD — VARIANCE
Gundlach explained that the applicant requests a side yard setback variance to allow an eastern side
yard setback of 10' when 14.4' currently exists and 50' is normally required. Although the
Planning Commission voted to approve the request on a 5 -1 -1 vote, she stated that staff would
• recommend denial of the requested variance to allow the setback, but would support a side yard
setback variance of 14.4' due to the existing setback of the house and attached garage, and
narrowness of the lot.
White stated that he would prefer a garage wider than 20' to allow for storage of outdoor
equipment.
Fritzler indicated that a long narrow lot should be required to build a long narrow garage.
Tom Kasprza, of Durabilt, stated that the minimum width he usually builds is 22'.
McMillan felt it was deceiving from the pictures to see the height differentials within the driveway.
She believed hardship could be found in the need for an adequate driveway apron and turnaround
access to pull out onto Watertown Road.
Brooks stated that he was attempting to improve the aesthetics of the property, as well as, obtain a
two car garage.
McMillan moved, White seconded, to approve the side yard setback variance to allow a 10'
eastern side yard setback to construct a two stall garage due to the lot dimensions, elevations
and constrictions of the driveway turnaround. VOTE: Ayes, White and McMillan; Nays,
Mayor Peterson and Murphy. Sansevere asked for more discussion.
Sansevere questioned why staff did not concur with the Planning Commission's position that there
was adequate hardship to support the application.
•
PAGE 7 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
(8. #04 -3036 D URABILT ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS, •
3785 WATERTOWNROAD — VARIANCE, Continued)
Gundlach stated that the existing side yard setback variance allows a structure within 14.4' of the
side yard which staff would be opposed to increasing.
Moorse reminded the Council that a 50' setback is normally required and that this request would be
going beyond the original allowance for hardship and increasing the nonconformancy.
McMillan pointed out that the whole property provides little buildable area, while adequate
turnaround room to provide safe access to Watertown Road at this blind intersection is justified.
Sansevere asked whether staff could support a compromise of a 12' side yard setback to allow a
22' garage.
Gundlach reiterated staff's position that the garage remain at 20'.
Fritzler stated that he would have found that to be an acceptable alternative.
Murphy stated that allowing the applicant a 20'X24' garage is not a hardship, since he will still
have the same amount of square footage.
Mayor Peterson moved, Murphy seconded, to approve the existing 14.4' setback as originally
approved.
McMillan asked if the motion could be amended to allow the 12' setback. Mayor Peterson denied •
the request.
VOTE: Ayes, Mayor Peterson and Murphy; Nays, McMillan, White, and Sansevere.
White moved, McMillan seconded, to grant a 12' eastern side yard setback in order to
construct a two stall garage at the property located at 3785 Watertown Road. VOTE: Ayes,
McMillan, White, Sansevere; Nays Mayor Peterson and Murphy.
MAYOR/CITY COUNCIL REPORT
Sansevere requested that an upcoming work session include a discussion regarding the new
smoking bans, and at the request of a resident, ways to more aggressively pursue illegal docking of
boats in Orono.
*9. PROCLAMATION — NATINAL NIGHT OUT — RESOLUTION NO. 5209
Murphy moved, White seconded, to adopt RESOLUTION NO. 5209, a Resolution
proclaiming August 3, 2004 as "National Night Out" in Orono. VOTE: Ayes 5, Nays 0.
Ll
PAGE 8 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
• PUBLIC SERVICE DIRECTOR'S REPORT
*10. BIG ISLAND ACCESS LANE MCWD WETLAND BUFFER
COOPERATIVE AGREEMENT
Murphy moved, White seconded, to approve the Cooperative Agreement between the City of
Orono and Minnehaha Creek Watershed District for the Big Island access wetland buffer
protection. VOTE: Ayes 5, Nays 0.
*11. REQUEST FOR FINAL PAYMENT, NAVARRE CR19 SIDEWALK
PROJECT
Murphy moved, White seconded, to approve Request for Final Payment, Navarre CR19
Sidewalk Project to Schmidt Curb Company Inc., in the net amount of $6,781.47. VOTE:
Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
*12. WEST METRO DRUG TASK FORCE AGREEMENT AND BUDGET
ADJUSTMENTS
Murphy moved, White seconded, to approve a multi- agency task force agreement and
• provide $10,000 to fund start -up costs to Hennepin County for exclusive use of this task force,
and budget adjustment, from the forfeiture fund. VOTE: Ayes 5, Nays 0.
Murphy moved, White seconded, to accept donation of $20,000 electronic equipment from
Hennepin County to the Task Force. VOTE: Ayes 5, Nays 0.
•
Murphy moved, White seconded, to approve insurance purchase at $300, and budget
adjustment from the forfeiture fund. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Attorney Barrett requested that the meeting be adjourned to an Executive Session to discuss City
covenants on the old sewer plant property.
*17. LICENSES
There were no licenses.
*18. BILLS
Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes
5, Nays 0.
PAGE 9 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 26, 2004
7:00 o'clock p.m.
ADJOURNMENT •
Murphy moved, Mayor Peterson seconded, to adjourn the Orono City Council Meeting of
July 26, 2004 at 8:55 P.M. VOTE: Ayes 5, Nays 0.
ATTEST:
r
Linda S. Vee, City Clerk
PAGE 10 of 10
Barbara Peterson, Mayor
•
•