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HomeMy WebLinkAbout08-23-2004 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Jim White, Council members Jim Murphy, Lill McMillan, and late arrival Bob Sansevere; City Attorney Thomas Barrett; Representing staff were, Planning Director Mike Gaffron, Planners Melanie Curtis and Janice Gundlach, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Barbara Peterson, City Administrator Ron Moorse, and City Engineer Tom Kellogg were absent. Acting Mayor White called the meeting to order at 7:02 P.M CONSENT AGENDA 1. Approve /Amend Murphy moved, McMillan seconded, to approve the Consent Agenda as submitted. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES • *2. Regular Council Meeting of August 9, 2004 Murphy moved, McMillan seconded, to approve the Minutes of August 9, 2004, as submitted. VOTE: Ayes 3, Nays 0. • PARK COMMISSION COMMENTS — Paul Pesek Pesek had nothing new to report; however, commented that coyote problems are increasing. Pesek questioned how to handle the animal control problem. Murphy indicated that the Council would take the problem under advisement and direct staff to speak to the police and DNR regarding the best way to handle the issue. Pesek added that a small trail accessing Lowry Woods along the fence line from the Luce Line has come to his attention as a way for the City to gain access to the park property. He indicated that he would investigate this further. Having received a recent phone call from a resident in the area, Acting Mayor White asked whether the LMCD still parks its harvesting haulers at Lydiard Beach or whether the private haulers parking there have permission to be there. Gappa stated that the private haulers do not have permission to park at Lydiard Beach and have, in fact, been chased out of the area on numerous occasions. He stated that since the gate has been opened, the haulers have been parking there without permission. PAGE 1 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS — Jim Leslie Leslie indicated that he had no report but would remain for questions. LMCD REPORT — Debora Halvorson The LMCD report was removed as Representative Halvorson was not present. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT 3. #04 -3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE — COMMERCIAL SITE PLAN AND VARIANCES — DENIAL RESOLUTION NO. 5218 r , • is Gundlach explained that the applicant had submitted an application for a commercial site plan review in order to conduct improvements to the existing building. She indicated that the Planning Commission voted 7 -0, at their July meeting, to deny the applicant's request due to the proposed new use not being a permitted conditional or accessory use within the B -1 zoning district, and also based on not wanting to allow expansion of the existing non - conforming bowling alley use. Gundlach stated that staff would recommend the Council uphold the Planning Commission is for denial. Keaveny stated that he wished to amend his application, which would eliminate the construction of a new entrance or an expansion of the building, but instead would remodel the interior of the bowling alley utilizing a storage garage within the existing structure for further expansion of the bowling alley. Keaveny stated that these changes to the proposal would eliminate some of the original variance requests and, as he was told when he first approached the City, a remodel could be granted approval more readily. While remodeling would likely be acceptable, Gundlach stated that the remodeling changes Mr. Keaveny mentioned should be submitted in a new application process and would need to be reviewed by the Planning Commission. She was hesitant to comment on the game room, since this use would require an amendment to the existing code. Since the applicant was abandoning his original request, Attorney Barrett suggested that the City Council vote to deny the original application and allow him the opportunity to go back to staff to discuss the remodel submittal. Murphy thanked Mr. Keaveny for his efforts to improve the property; however, suggested he align himself with an attorney who would be able to advise him on what might be appropriate for the neighborhood. Having seen several proposals from Mr. Keaveny in the past, and wanting to support a viable proposal, Murphy wished Mr. Keaveny luck in developing a new plan. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5218, a Resolution • denying a commercial site plan review for 3423/3425 Shoreline Drive. VOTE: Ayes 4, Nays 0 PAGE 2 of 9 i n U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. *4. #04 -3034 ROBERT P. MACK, 1580 SIXTH AVENUE NORTH — CONDITIONAL USE PERMIT — RESOLUTION NO. 5219 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5219, a Resolution granting a conditional use permit in order to construct a berm consisting of approximately 5,600 cubic yards of fill at 1580 Sixth Avenue North. VOTE: Ayes 3, Nays 0. *5. #04 -3037 WAYZATA COUNTRY CLUB, 430 OLD LONG LAKE ROAD — VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5220 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5220, a Resolution granting an accessory building area variance and conditional use permit for Wayzata Country Club's Grounds Department at 430 Old Long Lake Road. VOTE: Ayes 3, Nays 0. *6. #04 -3040 DEAN AND SHERRY LUNDBLAD, 1290 ARBOR STREET — VARIANCE — RESOLUTION NO. 5221 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5221, a Resolution granting a 21.2' side street setback from an unimproved right -of -way where a 50' setback is required in order to construct a detached garage at 1290 Arbor Street. VOTE: Ayes 3, Nays 0. • *7. #04 -3041 REBECCA HOLZEM, 3407 EASTLAKE STREET — VARIANCES — RESOLUTION NO. 5222 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5222, a Resolution granting 0 -75' setback hardcover and 75 -250' setback hardcover, lot width, lot area, lake, creek rear street, and side street setback variances for the property at 3407 EastLake Street. VOTE: Ayes 3, nays 0. *8. #04 -3043 JOHN C. HOLM AND SUSAN M. KERBER, 1485 BAY RIDGE ROAD — VARIANCE — RESOLUTION NO. 5223 Murphy moved, McMillan seconded, adopting RESOLUTION NO. 5223, a Resolution approving the average lakeshore setback and side setback variances for the residence located at 1485 Bay Ridge Road. VOTE: Ayes 3, Nays 0. PRESENTATION 9. 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT — KEN MALLOY Ken Malloy, of the City's auditing firm, presented an overview of the 2003 Comprehensive Annual Financial Report. He indicated that the audit was completed in June and provides the City with a tool for reviewing its financial records and testing its compliance with state laws and regulations. Other than one minor finding, which was the use of public funds for employee recognition, Malloy • complimented the City on its great job of keeping on top of state rules and regulations. PAGE 3 of 9 . r ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. • Council member Sansevere arrived at 7:25 P.M. With regard to the management report, Malloy pointed out that the City has relied little on State paid Local Government Aid, or property tax credits, which is good, since the State is struggling with huge deficits, resulting in levy limits at the City level and cutbacks in Local Government Aid. Malloy indicated that Orono's tax as applied to tax capacity is less than half of the state average tax rate as compared to other cities, but pointed out that Orono has a higher tax capacity. In addition, Malloy noted that Orono's general fund revenue including property taxes is more than the state average. The City's overall expenditures per capita appear to be less than the state average. Malloy pointed out that although safety expenditures are greater than the average; this is due to providing service to other cities. These expenditures are off set by revenues from the shared services. He commented that the General Fund appeared to be in good condition. On the other hand, Malloy urged the city to keep an eye on the golf course operations, since they had been operating at a loss for the past few years, not unlike other municipalities. With regard to the audit itself, Malloy stated that the City's financial records are well kept and in need of few adjustments. He added that the compliance testing has been positive and noted that the only recommendation he might suggest would be that the audit process begin earlier in the year to allow for implementation of recommendations the current year. so Sansevere asked when this should be performed and whether it would be a hardship for Financial Director Kuehn to begin the process earlier. Malloy suggested the audit process be performed in April for presentation in May. Kuehn pointed out that additional hours would be necessary to implement the new `GASB 34 reporting model' for the next year and indicated that the City strives to begin the audit in April but is short handed. Murphy asked how the expiration of levy limits in 2005 would impact cities, and what other cities are doing. He commented that some residents suggest a tax increase in the current low tax rate Malloy stated that he had not seen an increase in taxes to offset the State Aid cuts in most cities; however, certain services and expenditures have been cut back. He pointed out that cities must find more effective and efficient ways of sharing costs and services and cautioned the Council not to rely on the State to turn things around. Murphy asked Malloy or Kuehn to explain the `under run' on the City's expenses and questioned whether this was a good idea. Kuehn explained that the under run was due in part to public safety positions that were unfilled for a portion of the year. In addition, the paving budget was cut in half and the superintendent of public works retired which left an opening there as well. • PAGE 4 of 9 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. Acting Mayor White pointed out that, based on the expenditures per capita, Orono appeared to be in line with state averages, albeit lower on parks and higher on public safety. PUBLIC SERVICE DIRECTOR'S REPORT — moved to proceed item #10 11. ACCEPT QUOTATIONS FOR BIRCH LANE IMPROVEMENTS Gappa explained that based on the uncertainty of obtaining easements required for project construction in a timely manner, and two quotes returned to the City that came in at $75,000; the plan will be split into two phases. Without reviewing the entire project, Gappa stated that the 0 phase to be completed this year would be to reconstruct Birch Lane with concrete curb in order to provide improved drainage of the water to Baldur Park Road intersection. Completion of the second phase next year will allow for drainage from the north and south sides of Birch Lane to North Arm Bay by the installation of a 10" pipe in the City right of way on the west side of Baldur Park Road. McMillan asked what the timeframe for completion would be if approved and how long the project would take. Gappa indicated that the first phase could be completed by the end of October and would take approximately 3-4 weeks to complete once started. • Betsy Nusbaum, 3480 North Shore Drive, raised a concern expressed to her by one of her neighbors, Ed Engler at the top of Birch Lane, who inquired how long he would be inconvenienced to access his driveway. Although the road would be drivable, with the City focusing on one side at a time, Gappa stated that parking would be difficult and encouraged neighbors to share driveways during portions of the work. Sansevere found it offensive that the neighbor appeared to be blaming the Nusbaums for the redevelopment project along Birch Lane. He suggested the Nusbaums encourage any neighbor's to contact the City or Gappa with their questions and not force them to be the go between. Sansevere commented that, if neighbors' concerns have not been addressed they should've considered attending one of the numerous public meetings held on this project thus far. Murphy moved, Sansevere seconded, to accept the quotation from Midwest Asphalt, Hopkins Minnesota, in the amount of $49,997.60 for construction of the Birch Lane Drainage Improvements. Project to be funded from the Stormwater Utility Fund with a budget adjustment to the 2004 Stormwater Utility Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT — CONTINUED 10. #04 -3039 CITY OF ORONO, 2750 KELLEY PARKWAY — REVISIONS TO ORONO ZONING CODE: FLOODPLAIN AND WETLANDS MANAGEMENT — • ORDINANCE NO. 16,3'd SERIES PAGE 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. Curtis reviewed the history regarding the mandatory revisions to the floodplain regulations within the Floodplain and Wetlands Management Ordinance to be adopted by September 2, 2004 by local governments. If Council finds certain elements of the ordinance in need of further study, Curtis suggested that the Council consider removing those for review over the next few weeks. Sansevere asked if staff had any concerns regarding the proposed changes. Curtis stated that the Planning Commission voted unanimously to approve the draft ordinances. Sansevere moved to adopt ORDINANCE NO. 16, 3" SERIES , revisions to Orono Zoning Code: Floodplain and Wetlands Management as presented. White seconded. Murphy had several questions regarding the wetland portion of the regulation changes and suggested the Council hold a work session to discuss the ramifications of this piece of the ordinance should the City choose to adopt the MCWD version regarding buffers. He was concerned that by adopting the MCWD descriptions, as opposed to becoming its own LGU, the City might inadvertently be painting itself into a corner. He preferred to gain an understanding of exactly what the City was buying into relying on the MCWD, before agreeing to the terms. Gaffron suggested the Council separate the floodplain and wetland codes into two separate issues. He agreed that this would be the City's opportunity to separate out wetlands from floodplains and analyze the impacts of the MCWD's interpretations of the code's language. • Gaffron stated that, although the City needed to adopt the Floodplain ordinance this evening, • wetland options might be to impose a moratorium on wetland work until the City holds its discussions or adopting the ordinance within the packet this evening and then taking time to review and amend it after the fact. Murphy reiterated that he felt the Council must understand what they are approving before endorsing the MCWD wetland ordinance. He was concerned with the way the watershed ordinances were going in their interpretations of the code and wanted to spend more time discussing options to move water. He was fearful of items #3 and 4 of the summary of the wetland Ordinance changes that allow staff or individual MCWD member, at their discretion, to impose a stop work order on a project if they think it may be posing an adverse effect on a wetland. McMillan felt the ordinance took a positive step in applying the ordinance to new development and redevelopment. Murphy pointed out that there is an issue with the Morrie's lot at the intersection of Highway 12 and Old Crystal Bay Road, who has lost developable land after having been given approval two years ago, and been cited with a stop work order by the MCWD due to a ditch that they believe is a wetland now. Acting Mayor White agreed that this is a serious issue and should be discussed further. Peter Johnson, Morrie's Mazda Attorney, interjected that two years into their project the MCWD has decided to call a publicly maintained ditch, that was an engineered water channel created to move water, a wetland. • PAGE 6 of 9 Ll MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. Sansevere asked whether the entire MCWD body had decided to label this ditch a wetland, or if an individual has taken it upon themselves to determine this. Peter Johnson stated that the wetland conservation act itself states that if it is a man made condition created to improve water flow, it is not a true wetland. Charlotte Lipa, 3490 North Shore Drive, stated that she was interested in learning about the process the City uses to determine wetlands and setbacks. Murphy repeated his assertion that the Council must look at the MCWD or staff's ability to look at a land use application and determine whether it has adverse affect on a wetland and the philosophy behind this assumption. Gappa agreed that it is often difficult to determine where the MCWD stands on development when they refuse to become part of the process until late in the development game. Murphy amended the earlier motion to adopt the Floodplain portion of the Ordinance only. Sansevere seconded the amendment to the motion. McMillan urged staff and the Council to hold the work session to discuss the wetland issues soon as they pertain to new and re- development. She agreed further examination was necessary, but also 00 felt that the City must be respectful of maintaining its wetlands and water quality. Sansevere asked whether the City had the ability to override the MCWD authority regarding the Morrie's judgment. a Gaffron stated that, until the City takes away the authority that it gave the MCWD, the City must abide by their rules. Attorney Barrett concurred, stating that the City delegated the MCWD with independent jurisdiction. In addition, he suggested that sections 1 and 2 of the summary of the Floodplain Ordinance be included in the motion. Murphy added Section 1 and Section 2 from the Summary of Ordinance No. 16, third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Deleting Sections 78- 1100 through 78 -1176 and by Adding New Sections 78 -1100 through 78 -1140, regarding Floodplain Management, to his earlier motion. VOTE: Ayes 4, Nays 0. Gaffron questioned whether the City Council saw the need to impose a moratorium on writing permits for wetland work during the discussions. Murphy moved, McMillan seconded, that due to the lack of a wetland management Ordinance, Ordinance No. 17, 3'd Series is adopted establishing a moratorium on activity involving wetlands as they are defined in the wetland conservation act, will be imposed until. the City Council is able to adopt a new wetland management plan. VOTE: Ayes 4, Nays 0. PAGE 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT Sansevere stated that a Lydiard Beach resident had contacted him regarding an adjoining neighbor to the beach who has been infringing too much on City property. He suggested that staff review a recent survey and make a determination. Murphy stated that, while the improvements are appreciated, it is the fact that this neighbor has gone so far as to yell at residents to get off the grass and put in a sprinkler head on public property that is offensive. Acting Mayor White suggested Gappa speak to the neighbor and mark the park boundaries with signage. Murphy stated that he received an anonymous letter which questions how the funds that Orono is paying to the City of Excelsior for Fire service are being used. He indicated that the City of Orono has no jurisdiction over the Excelsior Fire Service and no authority over how these fees are spent. McMillan stated that the Stubbs Bay feasibility study was complete and the MCWD would be contacting the City to schedule a presentation. In addition, she invited other interested Council members to join her for a meeting Thursday at 9:00 a.m. with a Bayside Road resident who has expressed a desire to contribute a portion of their property to aid in storrnwater management. Acting Mayor White commended the Planning Commission on managing its work load well and running effective meetings. CITY ADMINISTRATOR'S REPORT 12. APPOINT PARKS, OPEN SPACE AND TRAILS COMMISSION MEMBER The Council agreed that the candidates were a quality group and acknowledged that a second Commissioner would be appointed from this group at the next City Council meeting. Murphy moved, McMillan seconded, to appoint Michael Huddy as the new Park Commission member to the unexpired term that expires on December 31, 2005. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. PAGE 8 of 9 it • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. *13. LICENSES CLUB FIREARM USE PERMIT 1. Annual Permit for Trap Shooting Park Gun Club 3660 Sixth Avenue North RESIDENTIAL KENNEL LICENSE 2. Irene Silber 4625 West Branch Road SPECIAL EVENT 3. Applicant: Dan Lang Homes Event: 2004 Fall Parade of Homes Date: September 11- October 10, 2004 Time: Noon - 6:00 p.m., Thursdays - Sundays 4. Applicant: National MS Society Event: MS Challenge Walk Location: Route through Orono, coordinated with Orono Police Department • Date: Saturday, September 18, 2004 Time: 8:30 a.m. - 3:00 p.m. Murphy moved, McMillan seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. *14. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT McMillan moved, Murphy seconded, to adjourn the Orono City Council Meeting of August 23, 2004 at 9:05 P.M. VOTE: Ayes 4, Nays 0. ATTEST: .4,z-z- J 4 Linda S. Vee, City Clerk PAGE 9 of 9 Barbara Peterson, Mayor