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HomeMy WebLinkAbout03-25-1996 Council Minutes%ft ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 25, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Gabriel Jabbour, and J. Diann Goetten. Council Members JoEllen Hurr and Charles Kelley were absent. Representing Staff were Acting City Administrator John Gerhardson, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. (* #I) CONSENT AGENDA Items #3, 7A, 10, 11, and 11 A were added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES (* #2) REGULAR MEETING OF MARCH 11,1996 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 11, 1996. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS • There were no Park Commission comments. PLANNING COMNIISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS Donna Hanson, 100 East Ridgeview Drive, whose home is at the intersection of Ridgeview and Ferndale North, asked to speak as a member of the Ferndale Homeowners Association. She read a letter from Mary King, 142 Chevy Chase Drive, who is a 5 -year Orono resident. The letter voices their opposition to the interchange under consideration by Mn/DOT at Ferndale and Interstate 394. Hanson referenced an information meeting attended by residents of Orono, Plymouth, and Wayzata, along with Mr. O'Keefe from Mn/DOT on March 7. Those in attendance were surveyed as to their opinion of an interchange at that location, as well as an upgrade to Ferndale. 94% opposed the road installation and upgrade of Ferndale to 4 lanes. Of the 60 Orono residents in attendance, 98% were in opposition to the project. Hanson said the concern was the interchange setting the stage for Ferndale to become a 3-4 lane roadway between Hwy 12 and CoRd 6, similar to Hwy 101 and would destroy the character of the neighborhood and bring unwanted traffic to the area. Jabbour said he did not concur that this would happen. • 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25,19% (P� iblin Comments - Continued) • Hanson recalled a statement adopted by the Council in April of 1991 regarding the highway system and opposing a east -west corridor through Orono. Hanson said the 1994 TSM alternate included a Hwy 12 and Ferndale interchange and upgrade. Hanson said the Council was reported to have said an expansion of Hwy 12 was best heading west, not north. Hanson asked that the City Council assist in placing obstacles in front of this possible interchange and upgrade. She noted an upcoming meeting where the alternatives were going to be discussed and asked for Council's reaction prior to that meeting. Callahan said the TSM proposal was different in character to what was originally proposed by Mn/DOT. He noted that the system management plan is a theory of how roads night be used. Callahan said no action would be taken on the TSM alternate. Callahan said the City has been in discussions for many years on the Hwy 12 issue and is concentrating efforts on the effect on the center of Orono rather than the outskirted areas. He noted with the new alternates under discussions, the cities of Wayzata and Plymouth are becoming involved in the process and suggested starting communication with those cities to gain support. Jeffrey Jacobson, 127 Chevy Chase Drive, asked the Council not to remain outside the discussion on this matter. Jabbour responded that he understood the frustration people have with seeing the • roadway proposed near their homes. He noted that modifications to the plans are constantly being done. Jabbour said the highway is in the corridor selection process and is not being considered in detail at this time. He asked people to educate themselves on the process. In regards to the particular concern, Jabbour said Ferndale would not become four lanes as that decision would be up to the City of Orono. Goetten said she saw the particular configuration for the first time at the meeting referenced. She emphasized that roadway possibilities are being constantly added and eliminated. Goetten said the TSM proposal would be considered. She noted that the Council is devoted and very involved, along with Long Lake, in what happens with the highway. With the new proposals under discussion, Goetten said the other cities, namely, Wayzata and Plymouth, are becoming involved in the process. Callahan added that the original motion in 1991 did not envision the roadway interchange at Ferndale. CJ MINUTES OF THE RIEGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25, 1996 • ZONING ADMINISTRATOR'S REPORT ( * #3) #2063 GERALD AND CAND:ACE ROWLETTE, 3775 BAYSIDE ROAD - VARIANCES - RESOLUTION #3704 Jabbour moved, Goetten seconded, to adopt Resolution #3704. Vote: Ayes 3, Nays 0. ( *#4) #2078 JENSEN HOMES, INC., 405 TONKAWA - PRELIMINARY SUBDIVISION - RESOLUTION #3705 Jabbour moved, Goetten seconded, to adopt Resolution #3705. Vote: Ayes 3, Nays 0. (#5) #2107 ERWIN SMITH/JOHN O'SULLIVAN, 3340 SHORELINE DRIVE A) VACATION OF PUBLIC ROAD - CONCEPTUAL APPROVAL B) CONDITIONAL USE PERMITS, VARIANCES, COMMERCIAL SITE PLAN - RESOLUTION #3706 AS AMENDED The applicants were in attendance, along with consultants, Rob Thompson and Jim Coen. Mabusth reported that the comprehensive application involved the partial vacation of • Navarre Lane. Staff advised Council that the vacation would be extended to the western boundary of the Olive Avenue intersection instead of limiting the vacation to the 33' along the northwest side of applicant's property The City will ask for storm water retention for future City needs within a retention area to be installed on church property and vacated right of way by applicant. • Mabusth continued that the comprehensive application also involved a conditional use permit for a 96'x45' Culver's restaurant. This chain restaurant is primarily been located in Wisconsin with one in Iowa and one in Buffalo, MN. The development would also include a 50'x50' convenience store, a separate 90'x24' car wash, and second conditional use permit for a fuel station/gas canopy. A variance is required for the car wash, which would be located 5' from the side lot line adjacent to a residential zone. The adjacent residential property contains a 3 to 4 acre wetland, which serves as a density credit for the Lafayette Ridge development. Ariother variance is for parking located 3' from another residential lot line. The code would require 10' requiring a T variance. Structural coverage variance of 5.2% is also required as the 1 -1/2 acre property is subject to the structural coverage code. The front lot line at 100' would allow 100 s.ff of signage. The signage plan is for 308 s.f. requiring a 208 s.f. variance. 3 MINUTES OF THE REGULAR. MEETING HELD ON ( #5 - #2107 Erwin Smith/John O'Sullivan - Con Mabusth said the major concern during the revi, property. The amended plan has addressed ma concerns. The car wash was relocated 10' forth between cars exiting car wash and entrance. TY Mabusth noted that the commercial code for N, The B -1 code requires 20,000 s.f for each spec needs for these uses. The setback variance at th, open space adjacent to the property. The Lafay- voiced their support for this proposal as did otl landscaping to offset the parking setback varia. )NO CTTY COUNCIL, NCH 25, 1996 d) as with the internal traffic on the the Staff and Planning Commission orth allowing for 40' separation ,.amber of uses was also a concern. re does not address multiple uses.. use. The area would satisfy area est lot line was abated with the large Ridge Homeowners Association leighbors. The applicant is proposing A the northwest lot line. Goetten asked for clarification on the traffic 1' of cars entering the pick up window. O'Sullivan explained the traffic flow and note sidewalk area was widened and directional arrows were added to the plan as i ested by Sheldon Johnson of Bonestroo. It was noted that the pick up window's traffic asses the eastbound traffic. Goetten was also concerned with the two egrk- on CoRd 15. She questioned cars entering right into the car wash with the traffi +. : om the other egress location crossing in front of each other. O'Sullivan said this was nr seen as a problem with the car wash requiring a minimum of 1 -1/2 minutes between ;:ass leaving the car wash. Goetten was informed that the car wash was set back 40' to -c` olve the issue of traffic flow. Jim Coen informed Goetten that Sheldon Johnso . had suggested a stop sign be installed at the bend in the curve to warn traffic from the car wash. Goetten confirmed that the stop sign would aid in alleviating any break up it traffic onto CoRd 15. Goetten inquired about a possible problem with faffic flow in the morning hours with cars coming through the stoplight on CoRd 15 and turning into the first driveway. O'Sullivan said there would be four lanes, two in, each direction, which would alleviate a problem. O'Sullivan informed Mabusth that the plan is to define the lanes. Goetten asked Cook how the traffic will work with the two facilities across the street from one another. Cook said the traffic will flow around any car waiting to turn, opining that a car would enter the nearest station, and did not visualize any daily traffic flow problem. Goetten asked if there would be a problem with traffic from the restaurant. O'Sullivan said the morning rush traffic would be bypassed as the restaurant would not open until 10:00 a.m. Goetten asked that the Council be able to address the traffic flow in the future as it is unknown how the proposal will affect traffic. 4 • • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25,1996 • (#4 - #2107 Erwin Smith/John O'Sullivan - Continued) Goetten inquired about an eventual egress outlot on CoRd 19. Mabusth said the County would rather the traffic pattern remain as proposed. O'Sullivan explained to Goetten the signage package. The restaurant would have a free standing, single pylon. The gas identification would be of a lower monument type. The canopy on the store wouid identity the brand and store. O'bunivan noted that the other site has 450 s.f of signage, more than what is being proposed on this larger parcel. Goetten told O'Sullivan that she felt the proposal will bring excitement to the Navarre area. Jabbour asked why the car wash traffic flowed clockwise instead of counterclockwise. O'Sullivan informed Jabbour that the design was to hide the car stacking from the street view. Jabbour was informed by Mabusth that there have been no objections made regarding the proposal by any of the residents. Callahan inquired why no breakfast would be served. O'Sullivan said the concept is for lunch and dinner and did not see the area as being a good location for serving breakfast. • Callahan asked Cook if"breakfast was served how it would affect traffic. Cook said it would bring additional traffic to the area but it would be in the early morning hours. Jabbour concurred with Goetten regarding concern of traffic for the site being near the intersection. He agreed that the matter of a separate egress and ingress may need to be reviewed. Callahan said he was concerned with left hand turns. Mabusth said similar concerns were voiced with the original O'Sullivan's. Jabbour asked that the issue of access be added to the resolution and monitored for problems. Jabbour moved, Goetten seconded, to approve Resolution #3706 with the amendment of additional language that would advise applicant that the City shall monitor the use of the accesses at the County road, and if needed, to make changes either in the use of each access or in improvements on County road. Vote: Ayes 3, Nays 0. (#6) #2117 THOMAS MCCUNE, 1473 BAY RIDGE ROAD - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3707 Thomas McCune was in attendance. 0 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25, 1996 (#6 - #2117 Thomas McCune - Continued) • Mabusth reported that the application is for approval of conditional use permit and variances to allow a two tiered timberwall installed to the west side of the County right - of -way. The wall was originally installed in 1987 and extended 24' into the McCune property. This installation was originally approved by Staff through the emergency ordinance after the heavy rainfall in that year. The applicant would like to extend the two tiered timber wall and replace the 3' high timber wall at the crest of the bank. Mabusth said the major concern is with the timberwall being located so close to the County right -of -way. Mabusth said she spoke with the'County representative who asked that the plan be reviewed with Mn/DOT. Goetten moved, Jabbour seconded, to adopt Resolution #3707. Vote: Ayes 3, Nays 0. ( * #7) JOINT USE DOCK LICENSE - BIG ISLAND VETS CAMP - RESOLUTION #3709 Jabbour moved, Goetten seconded, to adopt Resolution 93708, directing Staff to issue a Joint Use Dock License to Board of Governors, Big Island Veterans Camp for the period of January 1, 1996, to December 31, 1996. Vote: Ayes 3, Nays 0. ( * #7A) WAIVER REFERRAL TO PLANNING COMMISSION - • MORATORIUM VARIANCE REQUEST Jabbour moved, Goetten seconded, to waive referral to the Planning Commission of Ben Meinhardt's moratorium variance request, and direct Staff to publish legal notice for a public hearing on April 8, 1996. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan voiced concern with a letter sent to neighboring cities, along with the contract cities of Long Lake, Spring Park, and Minnetonka Beach, regarding the continuation of street sweeping and sand/salt storage by Orono. Callahan was concerned that the contract cities were given the wrong impression when there was no intention to discontinue their service. Gerhardson said the there was a miscommunication. The goal was to discover, due to the heavy load, who was interested in continuing the service. Callahan asked that the three cities be notified that the City plans to continue with providing these services to the communities. He also asked that further considerations regarding service be brought to the attention of the Council prior to any action being taken. 0 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25,1996 • (Mayor /Council - Continued) Callahan also inquired about sewer testing. Gerhardson said bids for metering were being accepted on March 22. Orono was included in the bid process, and locations for metering were being discussed. Callahan said Long Lake would like to be involved in this process. Cook said he had spoken with the Long Lake administrator and engineer, who were going to be involved in setting up new metering areas. Jabbour said the Council treats the contract cities differently as Long Lake, Spring Park, and Minnetonka Beach abut or are encompassed by Orono. Jabbour said the City needs to work diligently with these cities especially when services are traded amongst them. Jabbour said issues of joint ventures, such as the MUSA line and metering, need a cooperative working relationship. Goetten said that the City needs to assure these cities that they are valued communities. Jabbour added that the City must also show that they are a reliable service provider. ENGINEER REPORT There was no Engineer's report. • CITY ADMINISTRATOR'S REPORT is (#8) REQUEST FOR EXPANDED USE OF BEDERWOOD BASEBALL FIELD Don Meyers was present, representing Orono Girls Softball Association. Callahan said it was his understanding that the Girls Softball Association was seeking City Council approval to grant the usage of Bederwood for an extra night per week so this night could be exchanged with the Boys OBA night at Holbrook, where the girls play softball. He noted that the Girls Softball did not find playing softball to be satisfactory at Bederwood. Meyers said Bederwood was not a softball field as it contains a pitching mound and grass infield. He confirmed to Callahan that Bederwood was not satisfactory for girls softball. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25,1996 ( #8 - Bederwood - Continued) • Rick Kiemen, a board member of the Orono Baseball Association, asked to clarify to the Council that the OBA was in agreement with the current contract for two nights usage at Bederwood and was satisfied. Kiemen said the board feels the Council, as well as its individual members, have shown support for OBA. Kiemen said the Girls Softball has a need for more fields and would like to swap a night. The OBA has two nights at Bederwood, 5 at Carlson Fields, and 3 at Holbrook. He said the girls have two new teams and came to the OBA with the idea for the trade. Kiemen said they are satisfied with the current arrangements but would agree to the proposal to assist softball. Goetten suggested alternatives with the use of the Orono Primary School on Friday nights and the field at the church near Saga Hill as valid options for the softball dilemma. Goetten said this provides available fields for the girls to use and emphasized the City's attempt to accommodate the softball organization. Goetten said she sees no need to break the contract that was made with the OBA and is concerned with the idea of doing so. Breaking a contract, according to Goetten, says something about the integrity of those people establishing the contract. Goetten said expanding the use of the field would set a precedent and teach children that it was okay to break a contract. Goetten sees the alternative options provide a win/win situation. Jabbour said he would like to try to find a way to accommodate the shortage of fields for the girls softball so everyone could play. He noted the process by which the City • operates to allow changes. He felt that the information had been incomplete when presented to the City and Commissions noting that the association who applied for the usage were not those who wanted to use the facility. Jabbour asked if play at Hackberry could be a solution to the shortage. Meyers said the field was suitable for only the youngest, t -ball players and is very wet. With improvements to drainage and back stops, Meyers said they would be happy to play at this park. Jabbour noted the need for the community at large to work together. He voiced concern with meeting the needs of all four school districts represented in Orono. Jabbour said he was personally receptive to making fields available and disbursing activity throughout the City. He said he cares for all of the school districts and would like to see Mound School District making use of the parks and providing improvements for them as well. Jabbour said there was little time to react to the need presented by the Girls Softball in the time allowed. Jabbour inquired about the growth of Girls Softball. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25, 2996 ( #8 - Bederwood - Continued) Meyers said he would like to see growth in softball. He said, historically, Orono has shown support for the OBA. He mentioned a northside field at which the Girls Softball gave up its rights to play there as the OBA needed the field. He does not see that the Girls Softball will get the opportunity to play there. Because of this, Meyers saw Bederwood as the only available field. Meyers said the use of Bederwood for two nights showed a grossly underused field. Goetten said the Council needs to listen to the needs of all the people. She noted that the residents have voiced their desire that the parks be used for open space and not exclusively for organized sports. Goetten said she would like to hear from Orono Schools and Mound Schools on this issue. She again noted the availability of the four fields at the Primary School. Meyers noted the three distinct groups playing softball, two age groups of instructional play and a traveling team, along with the compacted season of softball. He said the Maple Plain fields were not in good shape and needed upgrading. Goetten asked if Meyers appreciated the use of the parks by other non - organized groups. Meyers said he did. He continued that he felt Orono has not provided historically for Girls Softball. Goetten again noted the available fields and the need for compromise. • Goetten said she was not willing to break the contract. Callahan said he, personally, was not willing to increase the usage of Bederwood by the OBA and, therefore, was not interested in making any trade. Callahan said he hesitated to grant the right to softball to have a night at Bederwood that they could trade. He said, since Girls Softball was not interested in playing at Bederwood, why would the Council want to grant them the use of it? As to the other opportunities available, Callahan said the Council does not have the right to grant usage at the Primary School, but it represented a place at which to play softball. Callahan said the Council was obligated to keep parks open and noted that the majority of the people in Orono did not want the parks used primarily by a particular organization. • 7abbour asked how the Council could assist in finding the Girls Softball fields to play at. He did note how the Council had assisted in the lease between the OBA and the school as well as assisting with the newly proposed ice arena, which is a cooperative effort between the Orono Hockey Association and Orono School District. Goetten suggested a commission be formed to work on the issue of needs by organizations to assist in finding accommodations. Callahan said the Park Commission was currently reviewing parks and their usage and could focus on this problem, if asked, as part of their overall review. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25,1996 ( #8 - Bederwood - Continued) 0 Rich Kiemen asked if he could hear the comments of the Park Commission, who he noted recommended approval of the third night of usage at Bederwood. Goetten emphasized that the Park Commission was not aware of all the facts involving the issue, nor were they aware of the details of the contract between the City and the OBA. Park Chair Flint was in attendance and commented on the difficulty in arriving at decisions when dealing with different organizations. Flint said the Park Commission reviewed this proposal at two of their meetings. At their January, 1996, meeting, it was suggested that Bederwood be modified as a multi -use field but the motion failed. An alternate proposal was for the trade. Flint said the Park Commission was not aware of other options available. Park Commissioner Ilse addressed the problem of wet fields at Hackberry. One problem with a leaking well was repaired last year. Gerhardson said the other problem resulting in a wet field will be remedied this year. Ilse said the Park Commission and Council would like to look for long term solutions. Meyers said Hackberry could not be counted on for this spring and the church space could not be committed to at this time. Jabbour said he had spoken with the mayor of Long Lake and questioned whether the • Orono Girls Softball actually had secured arrangements with Long Lake for softball usage. He also was surprised that Long Lake charged for the usage of their fields. Meyers said the amount paid is to reimburse for the electricity for the lights, which amounts to less than $5 a night. He said Holbrook was the best field for softball and has easily gained approval to use that field in the past. Meyers said the proposed changes to Hwy 12 could result in the loss of Holbrook, and long term plans were needed to provide a softball field. He noted that an adult team would also like to play softball. Callahan said he was under the impression that Girls Softball had already made arrangements with Long Lake for the usage of Holbrook. Kiemen reiterated that the OBA was not interested in breaking the existing contract for usage at Bederwood. He said when Bederwood was originally discussed for baseball, the usage was to be on a temporary basis. Kiemen noted that the City assisted with the building of the Lee Carlson Field. This was a long term solution for the OBA. Kiemen said Girls Softball has an immediate need and asked if there was any room for allowing a one year term to use Bederwood for the additional night. Goetten asked Kiemen if he believed in the integrity of a contract. Kiemen said he did. Goetten said there was nothing else then to discuss regarding usage at Bederwood. Goetten said she was in favor of forming a committee to look into long term needs. She noted if the immediate need was there that there have been alternatives presented. is 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25, 1996 ( #8 - Bederwood - Continued) Callahan again emphasized that Bederwood was not suitable for softball and noted the needs of other organizations to use the parks. He asked and received confirmation by Flint that the Park Commission would look into what can or cannot be done to provide space for organizations asking that the park survey results be kept in mind. Jabbour agreed but questioned what could be done to alleviate the existing problem. Meyers said the Girls Softball Organization needed to know by Saturday if a field was available. Callahan said the proposal could not be approved since the Girls Softball did not wish to play at that field. Meyers said he would not want to destroy the baseball field in order to play there. Goetten moved, Callahan seconded, to deny the request for the additional night of usage at Bederwood to effect the proposed trade between the Girls Softball and OBA. Vote: Ayes 3, Nays 0. Goetten said she would hope that the Girls Softball would consider the options before them. Jabbour said the request put the Council in an awkward position and noted that the OBA uses the field for practice. (#9) VOLUNTEER COMMISSION APPOINTMENTS Mayor Callahan asked that the date to receive applications for the vacant position on the Planning Commission be extended to April 8. Interviews for the open position will be conducted at the City Council Meeting of April 8, 1996. The scheduled start time is changed to 6:30 p.m. (* #14) RECORDER PAY ADJUSTMENT Jabbour moved, Goetten seconded, to approve the fee schedule for the City Recorder effective March 25, 1996, as follows: 2 hour meeting $100.00 3 hour meeting $120.00 4 hour meeting $150.00 5 hour meeting $180.00 Vote: Ayes 3, Nays 0. (* #11) CARPET INSTALLATION - GOLF COURSE Jabbour moved, Goetten seconded, to approve the purchase of the carpet and installation for the Orono Golf Course clubhouse from Winter Carpet Inc., for an amount of . $2,359.00. Vote: Ayes 3, Nays 0. it MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25, 1996 ( * #11A) LAKE MINNETONKA GOOSE POPULATION MANAGEMENT PROGRAM 0 Jabbour moved, Goetten seconded, to approve the reconsideration of the City's participation in the Lake Minnetonka Goose Population Management Program for the annual amount of $1,000 for a two year period. Vote: Ayes 3, Nays 0. CTTY ATTORNEY'S REPORT There was no City Attorney's report. ( * #15) LICENSES There were no license requests. ( * #16) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. ADJOURNMENT Jabbour moved, Goetten seconded, to adjourn at 9:12 p.m. Vote: Ayes 3, Nays 0. • ATTEST: Dorothy M. FfalW City Clerk �d Edward J. Call an, Jr., Mayor 12