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HomeMy WebLinkAbout02-24-1997 Council Minutes.a ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 24, 1997 is ROLL The Council met on the above mentioned date with the following members present: Acting Mayor J. Diann Goetten, Council Members Charles Kelley, Barbara Peterson, and Richard Flint. Mayor Jabbour was absent. Representing Staff were Assistant Zoning and Planning Administrator Michael Gaffron, who acted as City Administrator, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Acting Mayor Goetten called the meeting to order at 7:00 p.m. ( #1) 7:00 P.M. PUBLIC HEARING - OFF SALE NON - INTOXICATION MALT LIQUOR LICENSE - JOHN O'SULLIVAN AT 3340 SHORELINE DRIVE - 7 :00- 7:03 P.M. The Affidavit of Publication was noted. The Applicant was present. Gaffron reported that the off -sale non - intoxicating malt liquor license is being applied for by John O'Sullivan for the new convenience store attached to the Culver's Restaurant. • The store is located in the B -i Zoning District. There are no specific standards required for this license. The police department has voiced no objection, and Staff recommends approval. O'Sullivan said the license is the same as the license held at his other convenience store location. There were no public comments. Kelley moved, Peterson seconded, to approve the application of John O'Sullivan for an off -sale non - intoxicating malt liquor license at 3340 Shoreline Drive. Vote: Ayes 4, Nays 0. ( * #2) CONSENT AGENDA Items #10 and 12 were added to the Consent Agenda. Kelley moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. 1 .. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24, 1997 APPROVAL OF MINUTES • (43) REGULAR MEETING OF FEBRUARY 10, 1997 Kelley moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of February 10, 1997. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Commissioner White reviewed the activities being conducted by the Park Commission. He noted the Friends of the Park awards presented to Jason Christenson and the Saga Hill Preservation Society. White indicated the Commission has not found any definitive solution to the Saga Hill access issue but asks that the park land not be bisected by a roadway. White noted the City Engineer will be making recommendations regarding the building on site at Antoine Park. There are plans underway for a playground equipment upgrade. The Commission is continuing their update of the Park Inventory. White said he was investigating long range funding for park use. He passed out information on urban sprawl for the Council Members to review. PLANNING COMMISSION COMMENTS Sandra Smith had no comments at this time. Goetten noted that the Planning Commission and Council were also grappling with the • issue of access for Saga Hill. PUBLIC COMMENTS John Serena, 4605 Watertown Road, asked for comment from the Council regarding the County Road 6 road improvements. He indicated the County staked out his property for clearing. It is his opinion that more area has been staked than what was planned. He is very concerned with the clearing of 12 mature trees, many of which are 75+ years old. Serena said he tried to obtain information on the clearing from both the State and County and was informed that the City had approved the layout. The road improvements are being made with State aid money by the County. Goetten informed Serena that the concern for trees had been voiced at the public hearings by other neighbors. She informed Serena that Staff would follow up on these concerns and report back to Serena. It was noted that staking of other areas began last week. 0 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 • {Public Comments - Continued) Flint indicated that the memo by Moorse reported that the concerns expressed by Serena have not yet been solved to his satisfaction. Flint questioned whether the amount of clearing that is being done is the amount required at that point. Flint would like Moorse to address the clearing against State Aid standards with the County. Cook indicated that the amount of clearing is generally 24' from the driving lane. Serena said he measured it to be about 24' but questioned where the roadway was being moved. Gaffron will present these concerns to Moorse for further review. ZONING ADMINISTRATOR'S REPORT ( * #4) #2204 JAMES G. FULLERTON, III., 3350 AND 3400 FOX STREET - CLASS III PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT Application #2204 was requested to be tabled by the applicant. This motion was made as part of the Consent Agenda. Kelley moved, Flint seconded, to table Application #2204. Vote: Ayes 4, Nays 0. ( #5) #2207 JONATHAN AND THERESA HOFER, 3339 CRYSTAL BAY ROAD - • VARIANCES - RESOLUTION NO. 3847 The Applicants were present. Van Zomeren reported the application was heard before the Planning Commission at their February meeting. The applicants requested the application be heard before the Council at this meeting. The subject property is located in the LR -1C, Single Family Lakeshore Residential Zoning District requiring 1/2 acre lot size and is sewered. The variances requested are for lakeshore setback, average lakeshore setback, and hardcover in the 0- 75' and 75 -250' setbacks. The lot is 6500 s.f. in size. Van Zomeren noted the location of the property. She indicated Crystal Bay Road is a prescriptive easement requiring no front yard setback requirements. The structure is located in front of the average lakeshore setback. The applicants are proposing to build a 340 s.f second floor addition above the garage for a great room. The residence currently contains one bedroom and one bathroom. The improvement will enable the current living room to become two small bedrooms. Hardships include the large amount of blacktop for the driveway and road on the property, the limited lot size, the location of the 25' utility easement known as Hillside Place, and the nearby Dakota Rail. Van Zomeren noted the presence of a neighbor at the Planning Commission meeting, who voiced his support for this improvement. The Planning Commission had unanimously recommended approval. 0 The Applicant acknowledged receipt of the resolution and had no questions. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24, 1997 ( #5 - #2207 Jonathan and Theresa Hofer - Continued) is Kelley moved, Peterson seconded, to approve Resolution No. 3847. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Flint indicated a meeting is schedule for Thursday by the school districts for attendance by Park Commissions and Councils as well as by organized sports representatives to discuss contributions towards the school staff level personnel representing organized sports. The staff person will be present at the meeting. The Orono Park Commission had felt other cities involved should be represented. Flint was of the opinion that the function of this staff person should be broader based to include such areas as open space and trails. Flint said he sees the need at more of a regional level. Goetten noted that these meetings started in a breakfast format for Park, Planning, and Council members. Peterson noted the meetings extended to crime prevention personnel. Flint said he attended the last meeting along with a representative from Long Lake. He indicated the presence of many representatives of organized sports. He wanted the Council to be aware of the meeting and consider attending. Kelley brought the Council's attention to the report by the Fire Department. He is • concerned over the large number of responses made by the department to false alarms. He questioned the costs incurred by the City for these calls and whether the residents are being charged for the calls. Goetten indicated the residents are fined on the third false call each year. Flint indicated the fine was $50. Kelley asked Gaffron to investigate the matter to allow the Council to have an understanding of what does occur, who responds, and what charges are made. He noted these calls have increased 96 %. Peterson said both the fire and police departments respond. Flint indicated certain sensors result in immediate response by these departments. Kelley said he is concerned with overtaxing the personnel. Gaffron said he will follow up on this issue. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 • ENGINEER REPORT ( #6) FEASIBILITY REPORT - ORONO ICE ARENA WATER AND SEWER EXTENSION - ORDER PLANS AND SPECS - RESOLUTION NO. 3848 Gaffron reported that the resolution allows for acceptance of the feasibility report and for the plans and specifications to be ordered for the water and sewer extension to the Orono Ice Arena. Since the property owners have agreed to pay the full cost of the project, no public hearing or assessment hearing is required. Goetten voiced concern whether there will be enough sewer units available for the needs being created. She is concerned with the potential units required for the Highway 12 upgrade and for the school district. Cook said the concern depends on the magnitude of the projects. He felt there were 50 units available. Cook did not know what the needs would be for the school district. He indicated that the Department of Transportation will install the sewer in the Highway corridor, and the City may have to scramble until it is built. Kelley said this may not be the case if the sewer line goes down Old Crystal Bay Road. Cook noted the possibility of tying in with Long Lake at North Brown Road. Kelley indicated there may be a need for sewer if the property on the southwest corner of Old Crystal Bay Road and Hwy 12 is rezoned to commercial. Cook suggested each application be reviewed as it comes in. He • indicated the need to be flexible. L74 Flint inquired about the sewer line connection north to Medina. Cook said the City has an agreement with Medina to connect to Medina's force main which discharges to the south. Kelley moved, Peterson seconded, to approve Resolution No. 3848 accepting the feasibility report for the Ice Arena water and sewer improvements and ordering the preparation of plans and specifications. Vote: Ayes 4, Nays 0. ( #7) REQUEST FOR PAYMENT #3 - LIFT STATION NO. 28 Gappa reported that the payment is for rehabilitation of the lift station. He indicated the lift station is now operational, and the public works personnel are being trained on its operation. Sodding is scheduled for spring. Flint moved, Kelley seconded, to approve Revised Pay Request #3 in the amount of $7,585.89 to Ford Construction Co. Vote: Ayes 4, Nays 0. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 ( #8) REQUEST FOR PAYMENT #3 AND FINAL - OLD CRYSTAL BAY ROAD • WALKWAY Cook reported that the request is for final payment. Peterson asked why the cost of the project has increased 17 %. Cook indicated the increase is a result of a change order for filling required on the Thompson property. The modification resulted from the inability to obtain an easement. Peterson moved, Flint seconded, to approve Third and Final Payment to Hardrives, Inc., in the amount of $12,059.77. Vote: Ayes 4, Nays 0. ( #9) REQUEST FOR PAYMENT #4 AND FINAL - WILLOW DRIVE IMPROVEMENT Cook reported that the request is a result of a change order for the overlay of the northerly 3300' of Willow Drive. The road was scheduled for reconstruction but was moved back on the construction schedule. The overlay allows the current road's life expectancy to be extended. Peterson moved, Kelley seconded, to approve Payment #4 to Buffalo Bituminous in the amount of $17,489.19. Vote: Ayes 4, Nays 0. ( * #10) CHANGE ORDER #2 - LIFT STATION NO. 28 RENOVATION • Kelley moved, Flint seconded, to approve Change Order No. 2, Lift Station No. 28 Renovation for $3,856.47 to Ford Construction Co. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #11) SPRING HILL GOLF CLUB EAW - APPROVE DOCUMENT FOR PUBLICATION Gaffron reported the EAW Document has been revised and the package includes a letter addressing the Council and Staff comments. The Applicant was represented by Tim Johnson, Tom Crosby, and Marshal Braman. Crosby indicated approval of the changes noted in the letter except for two words. Braman asked that the 4th paragraph quotation be changed from, "additional more recent water quality data" to "additional water quality data ", which results in the deletion of the words, "more recent ". The Council was in agreement with that change. Goetten expressed her appreciation for the diligence of the applicant and the resulting improved worksheet. 0 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 • ( #11 - Spring Hill Golf Club EAW - Continued) Flint asked what effect the non -profit classification has on the property. Crosby said the property is still on the tax roll. The profits are not taxed. Contributions are not tax deductible. Crosby indicated this classification is similar to that of Woodhill and Wayzata Country Clubs. Kelley moved, Peterson seconded, to approve the text of the Spring Hill Golf Club EAW with revisions as noted and direct Staff to forward the EAW to the Environmental Quality Board for publication and proceed with the EAW process. Vote: Ayes 4, Nays 0. ( * #12) CHANGE IN VACATION ACCRUAL LANGUAGE - POLICE OFFICER CONTRACT Kelley moved, Flint seconded, to approve amended contract language that provides for exceeding the vacation accrual maximum if needed for an approved extended vacation period. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Radio was not present. • ( * #13) LICENSES Kelley moved, Flint seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Residential Kennel License: Malt Liquor (Beer) License: L] 7 Colleen and Gabriel Jabbour 985 Tonkawa Road Irwin Jacobs 1700 Shoreline Drive Patricia and Rene' Sternau 440 North Arm Drive Don Scherven Navarre Lanes 3435 Shoreline Drive (On and Off Sale) Grand Wenkstern Lakeview Golf of Orono, Inc. 405 North Arm Drive (On Sale) MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 (Malt Liquor - Beer - Licenses - Continued) • William Wear Orono Self Service 2160 Wayzata Boulevard (Off Sale) John O'Sullivan O'Sullivan's 3340 Shoreline Drive and 2420 Shadywood Road (Off Sale) Special Event Permit Steven R. Bohl - Pillar Homes Spring Home Preview - Parade of Homes March 9 -23 ( * #14) BILLS Kelley moved, Flint seconded, to approve Payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT • Peterson moved, Kelley seconded, to adjourn at 7:43 p.m. Vote: Ayes 4, Nays 0. ATTEST: Diann Goetten, Ang ayor M. JTalliK City Clerk 8 •