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HomeMy WebLinkAbout09-27-1999 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 ROLL The Orono City Council met on the above date with the following members present: Mayor Gabriel Jabbour, Council Members Bob Sansevere, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Works Director Greg Gappa, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Parks Representative Jim White, Planning Commissioner Bill Stoddard, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 4, 6, 8, 9, 10, 11, 12, 13, 14, and 15 were added to the Consent Agenda. • Kelley moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *( #2) Regular Council Meeting of September 13, 1999 Kelley moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of September 13, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Jim White, Representative Jim White addressed the City Council regarding the Navarre and Casco Point areas and the possibility of improving those local parks. The Parks Commission is considering the construction of a half -court basketball court for the Casco Point area. White stated the Casco Point Park, consisting of five acres, is well used but currently does not have any play equipment installed there. White expressed a desire to preserve the private, natural environment of the Orono community as much as possible. Mayor Jabbour thanked Parks Representative White for his efforts on the Parks Commission, noting that the City is attempting to fill the current vacancies on the Commission. • ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 (Park Commission Comments, Continued) Mayor Jabbour stated he has spoken with a representative with the DNR Trails and Waterways, noting that they are willing to support the Dakota Rail to Trail project. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative Lili McMillan addressed the City Council concerning the activity that has occurred on Big Island, specifically the party that happened on August 21 of this year. McMillan stated the party was broken up with the help of the police chief and the water patrol, noting that this event was held without the responsible parties obtaining the necessary special permits. McMillan stated that any party interested in holding an event on Big Island needs to go through a permit process and register with the LMCD, as well as notifying the Water Patrol to obtain the necessary approval. McMillan remarked that some of these events have been getting out of hand lately and the police have been called in to help break up these parties, noting that some of the participants were being disrespectful to the lake and surrounding area, which has caused some negative feelings in the community. McMillan commented that some safety issues were raised as well • involving these events that need to be addressed further. Mayor Jabbour stated that special event permits are needed for such things as fishing tournaments and any other organized events, with City ordinances requiring permits for events with over 300 participants. Jabbour commented that in his view the residents on Big Island do not fully understand the situation that occurred on Big Island. Jabbour stated that the band was previously requested by the Sheriffs Department not to play at this event, but the band elected to go ahead and perform at this event, so the Sheriffs Department was required to step in and maintain proper control of the situation. Jabbour noted that hundreds of people were loading at that particular site. Sansevere inquired what agency would be involved in limiting the number of boats in this area. Mayor Jabbour stated that it falls within the jurisdiction of the LMCD, with the LMCD being requested to adopt a new rafting ordinance by Hennepin County. Sansevere remarked that rafting should be restricted, not eliminated, and that there needs to be sufficient spacing between the boats to address some of the safety concerns. McMillan stated that the ordinance changing the number of boats per feet of shoreline was defeated, noting that she was not in favor of the new ordinance. McMillan stated the shoreline count for boat storage was essentially the same as last year. McMillan presented the City Council with photographs depicting the shoreline in Orono and Long • Lake, noting that efforts are being taken to plant native vegetation along the shoreline in an attempt to preserve the lakeshore. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 • PLANNING COMMISSION COMMENTS - Bill Stoddard, Representative Stoddard stated he will be present at tonight's meeting to answer any possible questions that may arise concerning any of the applications before the City Council. Stoddard commented that the Planning Commission would like some direction from the City Council regarding the possibility of preparing an ordinance regulating the amount of phosphorous that runs off into Lake Minnetonka. Mayor Jabbour stated this issue has been discussed previously, and that it was determined that the Department of Agriculture is the agency that would regulate that. Gaffron remarked that this issue has been discussed as part of the City's stormwater plan and that this issue will again be discussed in the near future. Gaffron stated that other communities have adopted ordinances regulating the use of phosphorous. Stoddard suggested that perhaps the local nurseries be notified of this issue and suggest that phosphorous -free products be made available at their businesses. Mayor Jabbour stated he was in agreement with contacting the nurseries regarding this issue, and that the City should address this issue further. Jabbour stated there is a concern regarding chemical runoff into Lake Minnetonka and the effects on the community. • Stoddard commented he would like the City to continue to pursue this issue. Mayor Jabbour suggested that public education regarding the use of chemicals and chemical runoff into the local lakes would probably be the best step in addressing this situation, but that in his opinion the Department of Agriculture has the ultimate authority in limiting the use of phosphorous. McMillan commented that Medina and Plymouth have ordinances regulating the use of phosphorous, which perhaps the City of Orono should review considering the number of wetlands and lakes in the area. Jerry Kemp, 2800 Farview Lane, stated he has concerns regarding the quality of the lakes, but that any decisions regarding issuance of licenses does restrict the freedom of one or more individuals. Kemp commented that there are good reasons for the City to consider restricting the use of chemicals around the lake. Stoddard inquired whether the City Council would be willing to look at pervious fabric once again, noting that people are reverting to spray chemicals to kill the weeds that grow in their rock gardens after the plastic underlayment is removed. Mayor Jabbour stated that this issue should perhaps be looked at again and that an alternative product should perhaps be an option. • • ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 PUBLIC COMMENTS Jerry Kemp, 2800 Farview Lane, inquired of the City Council whether the City has a contingency plan in place to handle the possible problems that may occur with the Y2K problem. Kemp stated he works for Cargill and that they have been working on this problem for many years, noting that they are proposing to have excess staff on duty in the event that problems arise. Kemp commented that the City should employ extra staff people in the event that problems arise, for example, with street lights, power outages, and emergency services. Mayor Jabbour stated that he is not able to provide a thorough answer to this issue tonight, noting that the City has appointed the City Clerk to be in charge of this situation. Jabbour commented that it is his understanding that some Public Works employees will be on duty the night of December 31, 1999, to handle any problems that may arise. Gappa stated that extra Public Works employees as well as extra police staff will be on duty the night of December 31, 1999, and that a review of all equipment has demonstrated that it is in compliance and should function normally. Gappa stated that portable are available to power sewer lift stations and the water plants to handle any possible power outages that may occur and extra staff will be on duty to answer phones in the event of an emergency. The City offices are equipped with an emergency power generator. • Mayor Jabbour stated that the City has recently installed a new phone system which hopefully will accommodate the switch from the year 1999 to the year 2000. • Kemp suggested that ambulance services be reviewed as well as a contingency plan be in place to handle any possible problems that occur. ZONING ADMINISTRATOR'S REPORT ( 0) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT Tom Barrett, City Attorney, stated that he is still working with the Applicant's attorney on arriving at an agreement regarding the City's future access onto this property. Barrett stated that the Applicant's attorney has indicated he will not be present at tonight's meeting, noting that the time period for this application does extend to the next City Council meeting. Barrett stated he would like to discuss this issue further in executive session. Kelley moved, Peterson seconded, to table Application #2492, 2490 Old Beach Road, to the October 11, 1999 City Council meeting. VOTE: Ayes 5, Nays 0. 4 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 I] *( #4) #2510 DOUGLAS AND CLAUDIA WHITELEY/DAVID AND HEIDI HUST, 60 ORONO ORCHARD ROAD SOUTH AND 45 SMITH AVENUE - CLASS 1 SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 4352 Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4352, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 60 Orono Orchard Road South and 45 Smith Avenue. VOTE: Ayes 5, Nays 0. ( #5) #2516 JEFF MARTINEAU, 1420 SHORELINE DRIVE - VARIANCES AND REQUEST FOR SEWER UNIT - RESOLUTION NO. 4353 Jeff Martineau, Applicant, was present. Weinberger stated the Applicant is requesting variances to allow the lot to be redeveloped as a residential site and to permit the detached garage on the property to remain. City Code does not allow an accessory building to remain after the principal building has been removed without the Council granting a variance. The Applicant is also requesting variances from bluff setback to permit a new residence to be constructed within the 30 feet bluff setback. The Applicant is proposing to construct a new residence 20 feet into the bluff setback. • Weinberger stated the property owners have considered other possible building sites for the new residence, but due to the fact that this property abuts County Road 15, placement of the residence out of the bluff setback would place the structure within the 50 foot street setback. The Planning Commission, on a 4 to 2 vote, recommended approval of the bluff setback variance and average lakeshore setback variances to permit construction of a new residence on the property. Weinberger indicated that the previous residence was removed in 1997, with a garage located within the 0 -75' lakeshore setback remaining on the property. According to City Codes, accessory structures are not permitted on the property without a principal structure. The Applicant is requesting variances to allow the garage to remain in its present location. The Planning Commission, on a 4 to 2 vote, recommended denial of variances to allow the existing garage to remain within the 0 -75' lakeshore setback. The Planning Commission recommended removal or relocation of the garage out of the 0 -75' lakeshore setback. Weinberger stated that this area is tentatively scheduled to be included in MUSA next year, with the Planning Commission recommending that one sewer unit be made available to this property. Martineau stated a letter from Steve Schirmers was received which indicates that it is difficult to locate two viable septic sites on this property, noting that City Staff is recommending approval of the connection to City sewer for this property. • 5 • ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 ( #2516 Jeff Martineau, Continued) Martineau commented that he would like the City Council to consider approving variances to permit the garage to remain in its present location as it is in relatively good shape, noting that it is unlikely that the garage would survive a move. Martineau commented that the City does permit boathouses within the 0 -75' setback. Sansevere inquired whether the property owners would be constructing a house without a garage. tartineau stated that according to the generic house plans that they are contemplating for this property, the house would be constructed with an attached garage. Mayor Jabbour stated that the Planning Commission has taken the position that hardcover should not be allowed in the 0 -75' setback. Martineau commented that he has doubts about what is permitted to be built on this property, and inquired should this resolution be approved, whether it could be amended or changed in the future. Martineau stated that some of the previous structure does still exist on the property, and inquired • what constitutes a remodel versus a new structure. Mayor Jabbour stated that the property owners would be able to apply for variances on this property six months after today's date should the application be denied, and are entitled to submit a new application at any time following tonight's meeting for variances should the application be approved. Jabbour stated that if the majority of the residence has been removed, it is regarded as new construction. Mayor Jabbour inquired about the sewer costs connected with this project. Weinberger stated this area was assessed in 1980 for sewer. Gappa stated it is probably part of the Minnetonka Bluffs sewer project, noting that it will be approximately $10,000 to $11,000 for the connection fee per unit, but that figure will need to be verified. Kelley commented that he would rather not approve the bluff encroachment. Kelley expressed a concern that the Applicant may request additional variances in the future if the housing plans are not definite at the time construction begins. Jabbour commented it was his understanding that the new residence was being built on the old building pad. Martineau stated that he would like this application approved with the understanding that an 40 a new application may be submitted by the Applicant for review by the City Council. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 • ( #2516 Jeff Martineau, Continued) Stoddard stated that it was his understanding that the Planning Commission recommended that hardcover in the 75 -250' setback would not exceed 25 percent. Weinberger remarked that it was understood that the property owners would not need a hardcover variance in the 75 -250' zone. Peterson stated she agrees with Kelley regarding the bluff encroachment, and inquired whether the driveway could be relocated. Weinberger stated the property is fairly wooded and relocation of the driveway would result in the removal of a number of trees. The proposed site takes advantage of the highest point on the lot as well as the existing driveway. Kelley requested that the minutes reflect that this City Council is strongly recommending that no further variances be allowed on this property. Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4353, a Resolution Granting Variances to Permit Construction of a New Residence on the Lot Encroaching 20' into the Top of Bluff Setback, and to approve one sewer hookup for this residence, with the understanding that all existing hardcover in the 0 -75' setback, including the driveway, be removed. Mayor Jabbour stated that the Applicant is requesting a variance and wants to know whether this City Council would be agreeable to approving that variance. Jabbour stated in his view the Applicant has demonstrated a hardship, noting that no matter where on the lot the residence is constructed, a variance to the top of the bluff would be required. Peterson inquired whether the residence could be constructed less than 20 feet into the bluff. Martineau commented that this is a very difficult piece of property to work with and that he is attempting to comply with the requirements of the City as much as possible but that it is not possible to comply with all of the requirements without a variance. Mayor Jabbour indicated that the City Council is giving direction to the Applicant that they would like the hardcover in the 75 -250' zone to adhere to the 25 percent limit. Martineau noted that the existing garage would be removed if this resolution is approved. VOTE: Ayes 4, Nays 1, Peterson Opposed. *( #6) #2519 MATTHEW AND ROBIN STALOCH, 4705 WATERTOWN ROAD - VARIANCE - RESOLUTION NO. 4354 Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4354, • 7 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 • ( #2519 Matthew and Robin Staloch, Continued) a Resolution Granting Variances to Permit Construction of an Accessory Structure Between the Principal Building and the Street. VOTE: Ayes 5, Nays 0. ( #7) #2520 TOM BERTHIAUME, 3035 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 4355 Cheryl Kachenmeister, property owner, was present. Kelley stated he would like clarification on whether all of the plastic underlayment required to be removed as part of a previous application has been removed. Weinberger stated that the Resolution approved in 1993 required removal of portions of the plastic underlayment, which has been removed. The Resolution before the City Council at this time requires that the remainder of the plastic underlayment be removed. Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4355, 3035 Casco Point Road, a Resolution Granting Variances to Permit Extension of Eaves Located on One Side of the House, and Variances to Hardcover in the 75 -250' setback, • VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour stated that a mayors' meeting is scheduled for Wednesday in which the Sheriff will be addressing them regarding the issue of patrolling Lake Minnetonka and crime prevention. Mayor Jabbour inquired on the progress of the Navarre Park. Gappa stated that he presented a preliminary concept plan to the Parks Commission and that he has discussed the issue of trails with the adjoining property owner, who has indicated she is in support of this project. Gappa stated they are looking at purchasing play equipment similar to what has been installed at Antoine Park. Kelley commented that in his view there should be more support for improving the Navarre Park before commencing with further work on this project. Gappa stated that a public hearing was held regarding improvements to this park, but that the Parks Commission has not gotten much input from the local residents. Mayor Jabbour stated that there is the feeling among some of the Navarre residents that they are not being listened to by the City Council and that it is a waste of time to come to the meetings. • Jabbour stated that the interests of the Navarre residents should not be overlooked. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 (Mayor /Council Report, Continued) Kelley commented that perhaps steps should be taken to inform the Navarre residents of what is being proposed for that area to elicit their support. Gappa stated that he is soliciting bids for the parking lot lights, but that blacktopping of the parking lot should be delayed until the lights are installed, which probably will not occur until next spring. Flint stated that he is impressed with the finished Ferndale project. Kelley commented that in his opinion narrowing the roadway down made the project successful. Sansevere suggested that exit interviews be conducted of all employees who leave the employ of the City to obtain their input on the reasons why they are leaving and how their job could be improved. Gaffron stated that currently there is an informal interview conducted of the employee who is leaving, and suggested that perhaps a report be prepared on each employee outlining the reasons for leaving the City's employment. Peterson stated she received a call from a citizen on Fagerness Point Road regarding the condition of a vacant house in that area. Gappa stated that they are aware of the residence. Sansevere suggested that the residents be informed in the City newsletter of the danger of crossing deer in some of the wooded areas and that they should perhaps proceed at a slower speed. Kelley stated that he has toured some of the neighboring communities fire stations, noting that some of the communities provide day care, exercise rooms, and recreational areas in their fire stations. Kelley stated that a consultant cannot be hired at this time on designing the new Long Lake fire station until an agreement with MN/Dot is reached. Kelley indicated that he was surprised at the amount of grading, fill, and removal of trees that has occurred along the Luce Line in connection with the subdivision being developed by George Stickney, who is operating under the direction of the DNR. Kelley stated that he had the understanding that the work would occur more in the general proximity of the culvert rather than along the Luce Line. C� J 11 0 • ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 (Mayor /Council Report, Continued) Gaffron indicated that he is not fully aware of what is occurring along the Luce Line. Kelley suggested that the City Council give some consideration to possible elimination of the industrial park near Washington Scientific, noting that there will be a couple of vacant buildings in that area and that now is the time to review the City's comprehensive plan regarding this area. Kelley commented that he would not be opposed to creation of a TIF District encompassing those two properties, and requested that the members of the City Council give some thought on what they would like to see happen in this area. Gaffron stated that there are approximately 44 acres involved in that commercial area. Mayor Jabbour commented that there are a number of viable businesses located in that area, noting that the City would probably have to purchase the land if they desired a change in that area. Kelley expressed a concern that those buildings could sit vacant for a number of years and that the City needs to consider its options regarding this area. • Mayor Jabbour stated that the City Council needs to take into consideration the tax base that the commercial district provides to the City. Flint indicated that he would not be opposed to creation of a TIF District for this area, noting that in the past they have had people interested in purchasing the property and cleaning it up but that the asking price was too high. Gaffron indicated that he currently is reviewing a proposal that would add two to three commercial buildings in that area. Kelley stated that the City of Orono should have some standards of what type of buildings the City would like constructed along Highway 12. ENGINEER REPORT *( #8) REVISED ASSESSMENT FOR ORONO ORCHARDS SANITARY SEWER - RESOLUTION NO. 4356 Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4356, a Resolution to Amend the Interest Rate and Date Applied to the Orono Orchards Area Sanitary Sewer Assessment Roll, as Established by Resolution No. 4262, to Reflect a 6.25 • Percent Interest Rate. VOTE: Ayes 5, Nays 0. 10 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 i *( #9) REVISED ASSESSMENT FOR EDGEWOOD HILLS SANITARY SEWER - RESOLUTION NO. 4357 Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4357, a Resolution to Amend the Interest Rate and Date Applied to the Edgewood Hills Area Sanitary Sewer Assessment Roll, as Established by Resolution No. 4301, to reflect a 6.25 Percent Interest Rate and a $27,250.00 Per Unit Assessment. VOTE: Ayes 5, Nays 0. *( #10) AWARD CONTRACT FOR STUBBS BAY CUL -DE -SAC PROJECT - RESOLUTION NO. 4358 Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4358, a Resolution Awarding the Contract for the Stubbs Bay Road Cul -de -Sac Orono /MN/Dot Cooperative Agreement Project to Buffalo Bituminous, Inc., Buffalo, Minnesota, for $121,074.75. VOTE: Ayes 5, Nays 0. *( #11) SAGA HILL PARK ACCESS ROAD Kelley moved, Peterson seconded, to approve and accept quotation from Green . Acres Tree Service for $3,000 for site clearing. VOTE: Ayes 5, Nays 0. Kelley moved, Peterson seconded, to authorize construction of the Saga Hill Park access road and parking lot by Orono Public Works staff with an estimated cost of $7,000 materials. VOTE: Ayes 5, Nays 0. *( #12) CHANGE ORDER #3 AND REQUEST FOR FINAL PAYMENT - NAVARRE WATER PLANT REHABILITATION Kelley moved, Peterson seconded, to approve Change Order Number 3 in the amount of $3915.00. VOTE: Ayes 5, Nays 0. Kelley moved, Peterson seconded, to approve Request for Final Payment, to Shank Constructors, Brooklyn, Minnesota, in the amount of $23,770.00. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *( #13) FEE SCHEDULE AMENDMENT - ORDINANCE 192, 2ND SERIES Kelley moved, Peterson seconded, to approve and adopt ORDINANCE NO. 192, 2ND SERIES, an Ordinance Amending Ordinance No. 181, Second Series, Adopted December 14, 1998, and Entitled "An Ordinance Adopting the 1999 Fee Schedule." • VOTE: Ayes 5, Nays 0. 11 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 U *( #14) HIRING OF PART -TIME COMMUNITY SERVICE OFFICER Kelley moved, Peterson seconded, to approve the hiring of Chris Jensen as part -time Community Service Officer, effective 9/27/99. VOTE: Ayes 5, Nays 0. *( #15) APPROVE PURCHASE OF VIDEO CAMERAS FOR POLICE SQUAD CARS Kelley moved, Peterson seconded, to approve the purchase of two Kustom Signal HVTL console in -car cameras at a cost of $9,990.00, and to amend the police budget to reflect said expenditure. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Tom Barrett requested an executive session to discuss pending litigation. *( #16) LICENSES Kelley moved, Peterson seconded, to approve the following licenses: Home Occupation License: Kezar Photography (Photography) Mitch Kezar 3050 Sixth Avenue North Long Lake, Minnesota 55356 Russell A. Norum (Law Office) Russell A. Norum 3264 North Shore Drive Wayzata, Minnesota 55391 Small parts Manufacturing, Inc., (Machine Shop) Charles O. Anderson 1295 Loma Linda Avenue Orono, MN 55364 VOTE: Ayes 5, Nays 0. • 12 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 1999 *( #17) BILLS • Kelley moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Flint moved, Peterson seconded, to adjourn the meeting at 8:57 p.m. VOTE: Ayes 5, Nays 0. AT ST: Gab 'el Jabbour, MIT Linda Vee, City Clerk n �J • 13