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HomeMy WebLinkAbout03-24-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Barbara Peterson and Richard Flint. Council Member Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Planner /Zoning Administrator Elizabeth VanZomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook and City Clerk Dorothy Hallin. Mayor Jabbour called the meeting to order at 7:00 p.m. (# 1.) JIM DANIELS, CABLE ADMINISTRATOR - RESOLUTION #3859 Jim Daniels Cable Administrator and Commissioner Tim Pattrin were present. Daniels stated the cable commission has been following the Federal Telecommunications Act of 1996 due to its impact on cable services. The commission would like to amend the agreement between the cities and the cable commission with the Council's adoption of a proposed resolution to expand the function of the Lake Minnetonka Communications Commission to include placing the LMCC into an advisory capacity to the cities to provide information and make recommendations to the city councils regarding the full range of communications services. Jabbour stated Orono may have a different philosophy on communications issues than the other IS cities in the group. Daniels stated the Commission would be in an advisory role only. Goetten asked about costs and changes within the Commission itself. Daniels stated he did not anticipate any changes or additional costs because the Commission will be following the Federal Telecommunications Act even if the cities do not amend the agreement. Peterson inquired as to what the Board specifically would advise the city on. Commissioner Pattrin stated it could be regarding Personal Communication Services (PCS) or the internet. Daniels reiterated this would be in an advisory capacity only. Radio stated he would be able to provide legal advice to the city regarding telecommunications issues. Moorse stated Orono could benefit from work by the commission, and from working cooperatively with the commission. He did not see the need to change the joint powers agreement, but neither did he see a problem with the change. Jabbour stated the city is grateful for the work the commission has been doing. Flint moved, Goetten seconded, to approve Resolution No. 3859 Regarding Amendment to the Joint and Cooperative Agreement. Vote: Ayes 4, Nays 0. 1 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24, 1997 (# 2.) PARK COMMISSION APPLICANT INTERVIEWS • Moorse stated James Berg has withdrawn his name as a candidate for Park Commission so three candidates were present tonight for interviews. Candidate, Greg Ehalt, stated he has lived in Orono for 35 years. He stated he had worked with the Orono Lions to help purchase the Orono Golf Course years ago and worked to see the Luce Line Trail completed. His children have been raised in Orono, and have gone through the Orono School system, He would like to give something back to the community. He has the time to commit to the Park Commission. Ehalt stated Bederwood Park is a very nice park and considers the trail system, especially the planned connection to Baker Park, very good. Ehalt stated conflicts between neighbors and users of the park facilities should be solved through compromise and open meetings should be held in order to reach a compromise. He noted you can not make everyone happy. Candidate, Richard Stoddart, stated he is a two year resident with two small children. The Stoddarts moved to Orono from the Chicago area and are very impressed with the open spaces. He would like to give something back to the community. is Stoddart stated disputes regarding park users and neighbors of the park should involve compromise to serve the needs of the neighbors and the park users. He would like to see different types of parks because there are different needs by residents. There needs to be a balance between passive and active. Candidate, Jon Pendleton, stated he has lived in Orono for approximately 3 1/2 years and applied for appointment to the Park Commission in 1996. He and his family use Orono parks and would like to see better access from the west end of Orono to the parks. He has attended one Park Commission meeting and has scanned the Comprehensive Plan. Pendleton stated conflicts with park users and neighbors of the park should be resolved between the park users by time of usage or other compromise, stating children need these types of activities. Mayor Jabbour thanked each applicant and stated there were 12 applicants for 2 vacant positions on the Park Commission. Council will make their appointments at the 2nd Council meeting in April. (# 3.) CONSENT AGENDA Peterson added items #12, 13, 14, 16, 17, 18, and 19 to the consent agenda. Goetten added items #5 and 8 to the consent agenda. • 2 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 • ( #3 - CONSENT AGENDA Continued) Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( *# 4.)REGULAR MEETING OF MARCH 10, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular Meeting of March 10, 1997. Vote: Ayes 4, Nays 0. ( *# 5.)HRA MEETING OF MARCH 10, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the HRA Meeting of March 10, 1997. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Commissioner Isle stated she and the Commission appreciated working with Greg and Liz and were • looking forward to the appointment of two new members for the May meeting of the Park Commission. PLANNING COMMISSION COMMENTS Commissioner Berg had no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( *# 6.) #2212 JIM ZIMMERMAN, 2745 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3860 Goetten moved, Peterson seconded, to adopt Resolution No. 3860. Vote: Ayes 4, Nays 0. (# 7.) #2218 JYLAND DEVELOPMENT INC., 1185 HUNTER DRIVE - PRELIMINARY SUBDIVISION III - RESOLUTION NO. 3861 Bob Carlson and Mark Gronberg were present for this item. Van Zomeren stated this was an • application for a preliminary subdivision of four lots within the RR -113 District. The Planning Commission has recommended unanimous approval of the preliminary plat as submitted and the 3 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 ( #7 - #2218 Jyland Development Inc. - Continued) • Park Commission will review this application at their April 7, 1997 meeting. The applicant had requested preliminary approval by the Council prior to the Park Commission's review. Council members were concerned about the wording of the park fees to be paid by the applicant. City Attorney Radio suggested amending the proposed Resolution paragraph 4 to read: Applicants shall pay the standard park fees for lots 1, 2, 3, and 4 per the current Park Fee Ordinance; subject, however, to the review and recommendation of the Park Commission regarding dedication of any land in lieu of a cash contribution. Should the Park Commission recommend a land dedication, which is then approved by the City Council as part of the final plat approval process, the developer will receive a credit for the land dedication as per the Park Fee Ordinance. Goetten moved, Peterson seconded, to adopt Resolution No. 3861 A Resolution Granting Preliminary Approval for a Plat at 1185 Hunter Drive amended as per the wording of the City Attorney. Vote: Ayes 4, Nays 0. (X# 8) #2219 PENNY SAIKI, 2874 CASCO POINT ROAD - VARIANCE - RESOLUTION NO. 3862 Goetten moved, Peterson seconded, to adopt Resolution No. 3862 A Resolution Granting Variances to Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.03, Subdivision 9. Vote: Ayes 4, Nays 0. • (# 9.) #2220 WILLIAM AND KAREN PETERS, 1950 CONCORDIA STREET - VARIANCE - RESOLUTION NO. 3863 William Peters was present. Van Zomeren reviewed the application stating the applicant was requesting a height variance and an average lakeshore setback variance in order to construct a new residence on a vacant lot. It was noted the applicant has reduced the original height of the proposed observatory by using a different construction method which lowers the proposed height. Van Zomeren explained how the definition of building height is addressed in the code. Council had concerns regarding the height of the building and the impact it would have as viewed from the lake. Peterson asked if there was someway to eliminate the need for a 1'4" height variance. Radio suggested to Council the proposed resolution be amended to state the applicant will work with staff to reduce the building height as much as possible. Gotten moved, Jabbour seconded, to adopt Resolution No. 3863 A Resolution Granting Variances to Municipal Zoning Code Section 10.22, Subdivision 1(B) and Section 10.25, Subdivision 6 as amended. Vote: Ayes 4, Nays 0. (# 10) LAKE MINNETONKA BIG ISLAND VET'S CAMP - CONDITIONAL USE PERMIT AMENDMENT - RESOLUTION NO. 3864 Van Zomeren stated the applicant is requesting permission to move an existing cabin from the north is 4 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24, 1997 ( #10 - Lake Minnetonka Big Island Vet's Camp - Continued) side of the island to the boat docking area on the south side of the island. The cabin would be upgraded to function as an administrative /greeting location for visitors to the camp. The applicant will submit a certified survey indicating that the relocated cabin is not within the 0 -75' setback from the shoreline and the cabin will be upgraded to meet all applicable Building Code requirements. Jabbour moved, Peterson seconded, to adopt Resolution No. 3864 A Resolution Granting an Amendment to a Conditional Use Permit per Municipal Zoning Code Section 10.3 1, Subdivision 3 (D). Vote: Ayes 4, Nays 0. (* #11.)1997 JOINT USE DOCK LICENSES - RESOLUTIONS NO. 3865 - 3874 Goetten moved, Peterson seconded, to adopt 1997 Joint Use Dock Licenses for; Big Island Inc. - Resolution No. 3865 Big Island Vets Camp - Resolution No. 3866 Forest Arms Homeowners Association - Resolution No. 3867 Foxhill Homeowners Association - Resolution No. 3868 Minnetonka Power Squadron - Resolution No. 3869 Navarre Cove Homeowners Association - Resolution No. 3870 Nelson/Gage /Carlson - Resolution No. 3871 Pheasant Lawn Homeowners Association - Resolution No. 3872 is Sandy Beach - Resolution No. 3873 Walters Port Homeowners Association - Resolution No. 3874 Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour announced that there will be a Highway 12 Design Review Committee meeting on April 2 stating he will not be able to attend this meeting. He directed Staff to send a letter to residents in the Highway 12 corridor notifying them of the design review process, and asking that neighborhoods select a representative to serve as a liaison concerning the design review process. Jabbour also suggested the city consider how much of the city will have municipal sewer in the years 2020 -2050. Jabbour stated there will be a meeting of the Mayors of the contract police cities on Thursday, March 27, 1997. Flint stated he will not be able to attend the special council meeting April 1, 1997 regarding the County Road 15 roadway improvement project. He stated he is convinced that the improvement project should be completed. is Flint also stated he has concerns regarding the Spring Hill Golf Course application. He would like Council to look at the big picture. He feels issues are not being looked at such as; the entrance off E ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24, 1997 (MAYOR/COUNCIL REPORT Continued) • County Road 6 or Spring Hill Road, the Big Woods, and bike/hike trails. Planning Commissioner Berg stated there will be a Planning Commission work session concerning the golf course proposal which will start with a site inspection, then continue in the Council Chambers. Goetten noted there is a lot of misinformation regarding the proposed golf course, stating in the last issue of the Lakeshore Weekly an article had incorrect information. John Costello, Lakeshore Weekly reporter, stated that someone should call the editor of the paper if something is wrong. ENGINEER REPORT ( * #12.)REJECT BIDS - LIFT STATION #6 RENOVATION Goetten moved, Peterson seconded, to reject the bids for this project and to bid the project as part of the Long Lake sewer and Ice Arena sewer and water projects. Vote: Ayes 4, Nays 0. ( * #13) APPROVE PLANS AND SPECIFICATIONS ADVERTISE FOR BIDS FOR THE NORTH LONG LAKE SEWER PROJECT, THE ICE ARENA SEWER AND • WATER PROJECT, AND LIFT STATION #6 REHABILITATION COMBINED PROJECT - RESOLUTION NO. 3875 Goetten moved, Peterson seconded, to adopt Resolution No. 3875, A Resolution Approving Plans and Specifications and Ordering Advertisement For Bids. Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #14) EXTENSION OF THE TELECOMMUNICATIONS TOWERS & ANTENNAS MORATORIUM - ORDINANCE NO. 156, SECOND SERIES Goetten moved, Peterson seconded, to adopt Ordinance No. 156, Second Series, An Ordinance Extending an Interim Moratorium on the Granting of Building Permits, Land Subdivisions, Rezoning Applications, Conditional or Special Use Permits, Variances or Other Authority Relating to the Siting of Wireless Telecommunications Facilities and Structures in all Zoning District in the City of Orono Vote: Ayes 4, Nays 0. ( #15) WESTONKA SENIOR CENTER Moorse stated this item was tabled at the March 10 Council meeting in order to obtain more information regarding Orono resident's participation in the Westonka Senior Center. Ben Withart, • Executive Director of Senior Community Services, has provided the following information regarding 0 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 ( #15 - Westonka Senior Center Continued) • Orono residents use in 1996; A.) 80 Orono residents are members of the Westonka Senior Center, B.) 42 Orono residents were involved in the dining program, the tax program, and/or the defensive driving program, C.) 21 Orono residents were served by outreach services, D.) 21 Orono residents were served by Westonka rides, and E.) 4 Orono residents were involved in craft sales. Moorse stated the highest use of the Senior Center is by residents of Mound. This is due both to the larger population and the demographics of the population. Orono's population is significantly younger and therefore the use of the Senior Center both now and in the future will be lower by Orono residents. Jabbour asked if Orono's portion of funding for the new building to house the Westonka Senior Center could come from the C.D.B.G. funds. Moorse stated the city must now compete with other cities to receive C.D.B.G. funding but Orono might be able to get a grant from C.D.B.G. for furnishings for the Westonka Senior Center. It was noted the city does budget money for funding of the operations of the Westonka Senior Center. Council directed Staff to research grant money from C.D.B.G. funds for Orono's contribution to the cost of constructing a new building to house the Westonka Senior Center. • ( * #16) REQUEST TO HOLD AUCTION TO DISPOSE OF OBSOLETE EQUIPMENT, SEIZED AND ABANDONED PROPERTY Goetten moved, Peterson seconded, to approve the request to conduct an auction of obsolete equipment, seized and abandoned property and vehicles on May 3, 1997. Vote: Ayes 4, Nays 0. ( * #17) 1992 CONSTRUCTION FUND CLOSE OUT - RESOLUTION NO. 3876 Goetten moved, Peterson seconded, to adopt Resolution No. 3876, A Resolution to Close the 1992 Stubbs Bay Sewer Construction Fund to the 1992 Improvement Bond Debt Service Fund as of December 31, 1996. Ayes 4, Nays 0. ( * #18) UNAUDITED 1996 YEAR -END REVENUE AND EXPENDITURE REPORT No action required by Council this was information only. ( * #19) INVESTMENT REPORT - YEAR ENDED DECEMBER 31,1996 No action required by Council this was information only. CITY ATTORNEY'S REPORT 7 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24, 1997 (CITY ATTORNEY'S REPORT Continued) ( #20) HARBOR LIMITS ORDINANCE Radio stated he has been working on a harbor limits ordinance but wants to do another draft before presenting it to the Council for their comments. Jabbour stated he would like the city to be proactive not reactive on this issue. ( * #21.)LICENSES Goetten moved, Peterson seconded, to approve the following Licenses: Vote: Ayes 4, Nays 0. Set -Up License Don Scherven Navarre Lanes 3435 Shoreline Drive • Garbage & Refuse Collector's License (new owner - formerly R & W Sanitation) Veit Container Corp dba Veit Disposal Systems Rogers 55374 • ( * #22) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. Mayor Jabbour requested the Council enter into executive session at 8:59 p.m. ATTEST: Gabri Jabbour, Mayor 8 •