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HomeMy WebLinkAbout04-26-1999 Council MinutesW • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, Bob Sansevere, and Barbara Peterson. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Pubic Works Director Greg Gappa, and Recorder Jackie Young. Representing the Parks Commission were Chair Andrew McDermott, Irene Silber and Susan Wilson. Mayor Jabbour called the meeting to order at 7:00 p.m. 1. PRESENTATION OF CERTIFICATES OF APPRECIATION TO PARK VOLUNTEERS Andrew McDermott, Parks Commission, thanked the volunteers who attended the Park Volunteer Recognition Reception for their fine efforts at helping to maintain the Orono Park System. McDermott stated the Orono City Council is committed to improving the local parks and that the Navarre Park is the next park on the Parks Commission's list for improvements. • Mayor Jabbour presented certificates of appreciation to the following park volunteers for their outstanding efforts in helping to maintain the Orono Park System: Bruce and Lisa Skjerping and Family, Richard and Amelia Kroeger, Larry Elsen, Eleanor Fairbanks accepted on behalf of Jim Mulvanny, James and Nancy Mittlestaedt, and Gale R. Landberg. 2. Presentation of Golf Course Painting to City Artist Jon Wright presented the City of Orono with a painting of the 5th hole at the Orono Golf Course in recognition of the 75th anniversary of the golf course. Wright stated that prints are available at the Golf Course for $25.00 each for anyone interested in purchasing one. Mayor Jabbour thanked Mr. Wright for his fine contribution to the City. ( #3) CONSENT AGENDA Items 6, 7, 8, 9, 10, 12, 13, 15, and 19 were added to the Consent Agenda. Sansevere moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES • "( #4) REGULAR MEETING OF APRIL 12, 1999 Page 1 W ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 40 (#4, Minutes of April 12, 1999, continued) Sansevere moved, Peterson seconded, to approve the Minutes of the Regular City Council meeting of April 12, 1999, as submitted. VOTE: Ayes 5, Nays 0. "( #5) TOWNLINE ROAD INFORMATIONAL MEETING OF APRIL 12, 1999 Sansevere moved, Peterson seconded, to approve the Minutes of the Townline Road Informational meeting of April 12, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS McDermott stated that he has met with the City's park planning consultant at Navarre Park and the consultant will be submitting preliminary proposals for redesigning /upgrading the park and the parking lot located across the street. McDermott commented that he and Mr. Meyers have attended a meeting for the Dakota Rail to Trail and would like to schedule a meeting with Council Member Flint and Mayor Jabbour to discuss this issue. Mayor Jabbour commented he would be in favor of a joint meeting to discuss the direction the City would like this committee to take on this project. Jabbour noted that the City would like to acquire more land in Navarre to add to the existing park system in that.community. • Mayor Jabbour stated that the Fairview Covenant Church has delayed a decision on the access to Saga Hill until after the Easter Holiday, but that the City hopes to have a final decision from the church on this issue by the end of the month. McDermott stated the Parks Commission will be looking at the access and what they would like to see happen with the access and the park. Kelley inquired what steps have been taken regarding the Seven Nations Natural Area Park. McDermott stated that cleanup of the site has been started, the buckthorn has been removed, and Bonestroo has commenced work on a preliminary design of the parking lot. The Parks Commission would like to have the trails laid out and mowed this year, with a limited amount of landscaping being planted this year. McDermott reminded the City Council members of the March for Parks event scheduled for this Sunday, May 2, 1999, from 12:00 to 3:00 p.m., and encouraged the members of the City Council and general public to attend this fine event. Kelley inquired what plans the Parks Commission had regarding the bike trail along Old Crystal Bay Road. McDermott stated they would like to see the trail straightened out in front of the Thompson property. Gappa noted that the City is asking for a ten foot trail easement. Kelley recommended that the urban curb be taken out if the trail is relocated. • Page 2 • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 (Park Commission Comments, continued) Flint commented that he attended the Parks Commission when this item was discussed and it was his understanding that the Parks Commission is asking for the easement at this time but that work on the bike trail will not be commencing for a period of time. McDermott stated that they would like to have the trail paved at the time the roads for the subdivision are put in. LAKE MINNETONKA CONSERVATION DISTRICT Lill McMillan, Representative, stated that the LMCD would like to utilize Mike Gaffron's services to help conduct a seminar among the 14 cities involved in the LMCD to help formulate a clear plan on how to handle developments and outlots around Lake Minnetonka. McMillan noted that the workshop is scheduled for Wednesday, May 5, at 8:00 a.m., and encouraged at least one City Council member to attend this workshop as well as the City Administrator. Kelley inquired what the LMCD would do if a parcel does not have dock rights on an island. McMillan stated she does not know the answer to that question at this time. Mayor Jabbour remarked that he has received calls from residents who have expressed frustration with the process that is required by the LMCD, noting that he would be interested to see what the • other cities would do if that land is developed. McMillan stated that there has been a change in the philosophy surrounding Lake Minnetonka and people are becoming more environmentally conscious. Kelley inquired when the last time was that the LMCD reviewed their comprehensive plan. McMillan stated that the LMCD code was reviewed in 1991. Mayor Jabbour stated that the Management Plan should be a guide to the LMCD, and that there is a need in this area for boats and drivers to be licensed and insured. Jabbour expressed a concern that the LMCD was not following the Management Plan that has been established. McMillan stated she is chairman of Save the Lake and one of her goals is to set up boating classes for young teens, and that the LMCD could be approached about supporting that project. Kelley stated he was in favor of Gaffron attending this workshop. Gaffron. commented that he is planning to attend the workshop. McMillan stated that she is in the early stages of looking at the budget for the LMCD, noting that the monies in the Eurasian Milfoil fund are derived from private donations. Mayor Jabbour noted that the amount spent on Eurasian Mllfoil comes in below what is budgeted every year and that perhaps the LMCD should look at reducing that amount. McMillan stated that the LMCD is just starting the budget process, with the auditor giving a • presentation on Wednesday. McMillan remarked that she has been informed that there needs to be 12 months of operating expenses in the budget for Eurasian Milfoil. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 • (Lake Minnetonka Conservation District, continued) Kelley suggested that the LMCD look at reducing their surplus and at the same time review how they can lower their expenses. McMillan thanked Ron Moorse, City Administrator, for including an article in the City newsletter regarding proper lawn care and spring cleanup for land located around Lake Minnetonka. McMillan noted that phosphorus -free fertilizers are available for lawns. PLANNING COMMISSION COMMENTS Dale Lindquist, Planning Commission Representative, had no comment. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT "( #6) #2444 BRIAN AND SUSAN SCHEBLER, 1354 REST POINT CIRCLE - VARIANCE - RESOLUTION NO. 4272 Sansevere moved, Peterson seconded, to approve Application #2444, Brian and Susan Schebler, 1354 Rest Point Circle, and adopt RESOLUTION NO. 4272, a Resolution Granting After-the-Fact Variances to Permit a Detached, Ground Level Deck Located on the Lakeside of the Residence. VOTE: Ayes 5, Nays 0. *( #7) #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD - VARIANCES/ CONDITIONAL USE PERMIT - RESOLUTION NO. 4273 Sansevere moved, Peterson seconded, to approve Application #2457, Paula and David Lindberg, 1392 Baldur Park Road, and adopt RESOLUTION NO. 4273, a Resolution Granting Variances to Hardcover and Structural Coverage to Allow Construction of a New Residence. VOTE: Ayes 5, Nays 0. *( #8) #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH SHORE DRIVE -VARIANCES - RESOLUTION NO. 4274 Sansevere moved, Peterson seconded, to approve Application #2468, Bruce and Betsy Nusbaum, 3480 North Shore Drive, and adopt RESOLUTION NO. 4274, a Resolution Granting Variances to Hardcover and Structural Coverage to Allow Construction of a New Residence. VOTE: Ayes 5, Nays 0. *( #9) #2472 SANDRA S. LARSON, 540 ORONO ORCHARD ROAD - VARIANCE - RESOLUTION NO. 4275 is Page 4 • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 ( #9 Sandra Larson, continued) Sansevere moved, Peterson seconded, to approve Application #2472, Sandra Larson, 540 Orono Orchard Road, and adopt RESOLUTION NO. 4275, a Resolution Granting Variances to Setbacks to Allow the Construction of a Covered Porch and an Enclosed Deck. VOTE: Ayes 5, Nays 0. '( #10) #2473 MATTHEW B. HERMAN, 3825 CHERRY AVENUE - VARIANCES - RESOLUTION NO. 4276 Sansevere moved, Peterson seconded, td approve Application #2473, Matthew Herman, 3825 Cherry Avenue, and adopt RESOLUTION NO. 4276, a Resolution Granting Variances to Allow the Construction of a Catwalk Structure Across an Undeveloped City Right -of -Way and a Wetland. VOTE: Ayes 5, Nays 0. ( #11) #2475 RONALD P. ZELINSKY, JR., 320 TURNHAM ROAD - VARIANCE - RESOLUTION NO. 4277 Ronald Zelinsky, Applicant, was present. Weinberger stated the Applicant is proposing to construct an 18' by 36' swimming pool and a 12' by 16' pool house at 320 Turnham Road, which is zoned RR -1A and has a five acre minimum. This • lot originally consisted of two lots which were legally combined and consists of 2.8 acres. Weinberger remarked that the Applicant was recently informed that he would not be able to have a pool house with plumbing installed since City Code requires that all accessory structures with plumbing be located in such a manner as to meet all yard setbacks. City Staff is recommending that the portion of the application dealing with the pool house be denied at this time. Weinberger noted that there is a garage located on the property with living quarters above it. This structure does contain plumbing and was used for a home occupation by a previous owner. The Applicant is proposing to place a swimming pool on the Chippewa Lane side of the property, which will require setback variances to the front lot line and side yard adjacent to street lot line. The Planning Commission did review the portion of the application dealing with the pool house, and recommended denial of the variances for an accessory building since the proposed pool house did not meet the required setbacks as City Code mandates. The Applicant did indicate that he would not construct the pool house without the plumbing. The Applicant is also proposing to construct a berm with landscaping in an effort to screen the pool from the neighbor to the south and to act as a buffer in an effort to reduce the noise level. Weinberger stated the affected neighborhing property owner has indicated that she would be in favor of this application with the understanding that a six foot berm will be constructed and adequate landscaping be planted to screen the pool. The Planning Commission did recommend approval of the portion of the application dealing with construction of the pool subject to the Applicant constructing a six foot high berm, planting adequate • landscaping, submittal of a survey showing the existing and proposed topography of the property, and the Applicant obtaining a land alteration permit. Weinberger noted the Applicant will need to Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 n ( #11 #2475 Ronald Zelinsky, continued) apply for a conditional use permit if the project requires more than 500 cubic yards of fill to be moved. City Staff is recommending denial of the pool house and approval of the swimming pool. Zelinsky commented that he was initially told that he would be able to have the pool house with plumbing and was later informed that it would not be allowed. Zelinsky indicated that he would not be constructing the pool house at this time. There were no public comments. Sansevere moved, Kelley seconded, to approve Application #2475, Ronald P. Zelinsky, Jr., 320 Turnham Road, and approve RESOLUTION NO. 4277, a Resolution Granting Variances to Sideyard Setback and Front Lot Line Setback to Allow the Construction of a Swimming Pool. VOTE: Ayes 5, Nays 0. "( #12) JOINT USE DOCK LICENSE - VICTORIA ESTATES - RESOLUTION NO. 4278 Sansevere moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4278, a Resolution Directing Staff to Issue a Joint Use Dock License to Victoria Estates Homeowners Association Subject to Conditions Noted Herein for the Period of January 1, 1999 to December 31, 1999 and Retroactively for the Period of January 1, 1997 to • December 31, 1998. VOTE: Ayes 5, Nays 0. *( #13) KELLY COVE HOMEOWNERS ASSOCIATION -JOINT USE DOCK APPROVAL - RESOLUTION NOS. 4279 AND 4280 Sansevere moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4279, a Resolution Approving Creation of a Joint Use Docking Area Adjacent to Outlot A, Kelly Cove to Serve the Kelly Cove Homeowners Association. VOTE: Ayes 5, Nays 0. Sansevere moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4280, a Resolution Directing Staff to Issue a Joint Use Dock License to Kelly Cove Homeowners Association, subject to the conditions noted therein for the period of April 16, 1999, to December 31, 1999. VOTE: Ayes 5, Nays 0. ( #14) ABOVE - GROUND STORAGE TANKS - ORDINANCE AMENDMENT NO. 186, 2ND SERIES Gaffron stated at the April 12 meeting the City Council members had indicated general support for the use of above - ground fuel storage tanks in the B -2 Lakeshore Business District, and an ordinance amending that section of the code is before the City Council tonight for your review. Approval of this ordinance requires only a 3/5 majority vote, as it is not a zoning ordinance. City Staff has not had an opportunity to explore the ramifications this ordinance would have on the City's marinas, but it is likely that it will result in some requests for variances to hardcover as well as property line and lakeshore setback. • Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 • ( #14 Above Ground Storage Tanks, continued) City Staff would like the Fire Marshall to review the City's current ordinances to determine whether it may be appropriate to make further revisions to this section of the code. The Minnesota Uniform Fire Code does provide strict regulations concerning the location, design, and use of fuel dispensing systems. Gaffron indicated he was not familiar enough with the Fire Code to address these issues. Gaffron stated at this time Staff is aware of two potential marinas who may pursue an application to install above - ground fuel tanks in the B -2 District. Kelley indicated that he is aware that Bill Stubbs has had above - ground tanks on his property for a number of years, and inquired whether those would be considered legal or illegal. Gaffron remarked that they are allowed in the RRA B District. Gaffron commented that he is not aware whether those tanks meet the current codes. Kelley inquired what the B -2 District consists of. Gaffron stated the B -2 District only includes the marinas. Kelley suggested that City Staff become informed about what the marinas are currently doing as far as fuel tanks. Gaffron stated it is his understanding Sailor's World and North Shore are the only two marinas pumping gas at this time. • Kelley inquired if the size of the tanks would be limited by this ordinance. Gaffron stated that typically tanks are either 2,000, 4,000, or 6,000 gallon tanks. Kelley indicated that he would like to view the marinas to see what system they are presently using as well as to get an idea of the size of the tanks. Kelley inquired whether there were any safety issues that also needed to be addressed with the above - ground fuel tanks. Mayor Jabbour stated in his opinion above ground tanks are environmentally safer. Gaffron commented that the Fire Code does have very strict regulations concerning the fuel tanks. Kelley indicated that he would be in favor of looking at this ordinance further, noting that he would prefer to see the tanks removed from the ground since other properties have experienced soil contamination due.to corrosion of the underground fuel storage tanks. Mayor Jabbour inquired whether the marina trucking gas has been informed that it is illegal to do so. Gaffron commented that he would like the Fire Marshall to approach the marina to address these concerns due to his unfamilarity with the Fire Code. Kelley suggested that the Fire Marshall review this ordinance as well. Sansevere stated he would be in favor of this ordinance but would like to see adequate protection for the tanks. • Mayor Jabbour noted that the tanks will take up room and some parking space or other green space will be lost. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 • ( #14 Above Ground Storage Tanks, continued) There were no public comments. Mayor Jabbour noted that the Golf Course does have above - ground tanks as well. Kelley moved, Flint seconded, to approve and adopt ORDINANCE NO. 186, Second Series Amending Orono Municipal Code Section 9.34 by Allowing Aboveground Fuel Storage Tanks in the B -2 Zoning District. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Kelley stated that one major issue that the City Council should address in the near future is the need for a new fire station and the costs associated with it. Kelley commented that during the crappie fishing contest held recently he noticed two policemen issuing tickets for expired trailer licenses, noting that most of the trailers were parked legally during the event. ENGINEER REPORT *( #15) RENEWAL OF SAFE - ASSURE CONTRACT Sansevere moved, Peterson seconded, to approve the proposal from Safe Assure • Consultants for Conducting Safety Training and Preparation of the Related Written Programs and Documentation at an Annual Cost of $2,826.00. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #16) LONG LAKE FIRE DEPARTMENT CAPITAL EQUIPMENT EXPENDITURES Moorse remarked that, at the Long Lake Fire Commission meeting, a 15 year capital equipment replacement plan was introduced along with a request for 1999 capital expenditures. Moorse stated that the Long Lake Fire Department is requesting the purchase and installation of foam systems on the two main fire engines and the repainting of one engine. Moorse indicated that the total cost for these 1999 capital expenditures requests is $38,000, with Orono's share being $26,600. Moorse noted that Long Lake, Orono, and Medina will be sharing in this expenditure. Moorse indicated that a new fire station will need to be constructed due to the Highway 12 improvements, and that he is unaware at this time what portion of the costs for the fire station will be reimbursed by MnDot. Kelley noted that Orono is assuming 70 percent of the costs for this expenditure. Kelley commented it was his impression the Fire Department has already determined the new site for the fire station, noting that the Orono City Council has not had any input at this time into where the fire station should be located. • Page 8 • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 ( #16 Long Lake Fire Department, continued) Kelley stated that he has recently toured the local fire departments in the area, and suggested that Orono get together with the neighboring communities to see if a joint agreement could be reached to mutually share some of the fire equipment. Kelley commented in his opinion the submitted list does only contain items that are necessary, noting that one of the top priorities of the City is adequate public protection. Peterson commented that the life of the equipment also needs to be taken into consideration. Kelley suggested that a joint meeting between Long Lake, the Fire Department, and Orono to discuss the new fire station should be scheduled. Moorse stated that a site review and building design need to be completed for the fire station. Kelley noted that the City only has two years in which to complete construction of the new fire department and that action on this issue needs to be taken soon. Moorse noted that the Highway 12 upgrade project is scheduled to begin in the year 2002. Mayor Jabbour remarked that the City of Orono is grateful to the Fire Department for their contributions to the City. Peterson moved, Sansevere seconded, to approve the Long Lake Fire Department Capital • Outlay request for 1999, of which the City of Orono's share is $26,600, and to authorize a budget adjustment to reflect the $26,600 expenditure from the Improvement and Equipment Outlay Fund. VOTE: Ayes 5, Nays 0. ( #17) LAKE AREA HOUSING WORKSHOP Moorse indicated that a housing study has been conducted of Orono and the other communities. Moorse stated that a Housing Workshop is scheduled for Thursday, May 20, to discuss the housing study, and the goals and directions that the various cities would like to take regarding future housing needs in this area. Moorse stated that they would like as many members as possible from the City Council and Planning Commission as possible to attend this Housing Workshop. Flint noted that he will not be able to attend this workshop. ( #18) APPOINTMENT OF PLANNING COMMISSION CHAIR AND VICE CHAIR Mayor Jabbour inquired of Dale Lindquist whether he would be interested in serving as vice chair of the Planning Commission. Lindquist stated he has already served in that position previously, and suggested that William Stoddard be considered for the position. • Mayor Jabbour remarked that Sandra Smith would also make a good candidate, and that perhaps Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 • ( #18 Appointment of Planning Commission, continued) a good policy to follow would be to have the former chair serve as the vice chair the following year. The City Council directed City Staff to contact Sandra Smith to see if she would be willing to accept the position as Vice Chair of the Planning Commission. ( #19) OTHER ISSUES Moorse indicated he was approached by City Council Member Kelley and was asked whether the City of Orono was prepared for a situation similar to what happened out in Colorado. Moorse indicated the City and Police Department, as well as the surrounding communities, do have policies and procedures in place for dealing with those types of situations. Moorse stated that there are also procedures in place to be followed at the school in the event of such an emergency. CITY ATTORNEY'S REPORT None "( #20) LICENSES Sansevere moved, Peterson seconded, to approve the following licenses. VOTE: Ayes 5, Nays 0. SPECIAL EVENT PERMIT Pro Events International, Inc. 1999 Tour DeLake Minnetonka Bike Tour Around Lake Minnetonka May 23, 1999, 8:00 a.m. to 10:30 a.m. Gear West Run Bike Run Duathlon Starting at Orono Middle School May 23, 1999, 6:00 a.m. to Noon *( #21) BILLS Sansevere moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0 ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn the meeting at 8:38 p.m. VOTE: Ayes 5, Nays 0. • Page 10 • LJ 1 ] ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 ATTEST: indat. Vee, City Clerk Gabriel abbour, Mayor Page 11