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HomeMy WebLinkAbout04-08-1996 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR APRIL 89 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, and JoEllen Hurr. Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 6:45 p.m. ( #1) PLANNING COIYIMISSION APPLICANTS - INTERVIEWS Interviews were conducted with the applicants, who applied for the open position on the Planning Commission. All of the applicants were informed that it would be several weeks before a decision was made and were informed of an open position on the Park Commission. ( #2) PUBLIC HEARING - BEN MEINHARDT, 3585 SIXTH AVENUE NORTH - VARIANCE TO MORATORIUM - 7:46 -7:50 P.M. - RESOLUTION #3709 The Certificate of Mailing and Affidavit of Publication were noted. Mr. & Mrs. Meinhardt were present. • Callahan said he understood that the application would not be before the Council except due to the moratorium currently in place in which the applicant's property is located. Mabusth confirmed that the property was within location 4 of the study. • Mr. Meinhardt said he read the packet information and found no reason for his appearance before the Council for approval other than being in the location of Hwy 12, which is under study. He asked for approval and for the fee applied to the cost of the building permit. There were no public comments. Hurr moved, Goetten seconded, to approve Resolution 93709 with a refund of the fee in the amount in excess of costs incurred and applied to the building permit fee. Vote: Ayes 4, Nays 0. ( * #3) CONSENT AGENDA Items 95, 7, 8, 9, 14, and 16 were added to the Consent Agenda. Hurr moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. I . ' Nr MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 APPROVAL OF MINUTES • (*#4) REGULAR MEETING OF MARCH 25,1996 Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 25, 1996. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS No representative of the Park Commission was present. PLANNING COMMISSION COMMENTS Planning Commissioner Sandra Smith had no comments. PUBLIC COMMENTS Mary King, an Orono resident, who lives on Chevy Chase Drive, was present on behalf of the Ferndale Road Committee. She asked to update the Council regarding a possible interchange at Hwy 12 and Ferndale Rd. King reported that the Wayzata City Council met with representatives of Mn/DOT, Tom O`Keefe and Patty Loken, during a work session and council meeting on April 3, relative to the proposed interchange. O'Keefe said the interest was in the TSM proposed interchange_ King said letters of opposition • were read. The Wayzata Chamber of Commerce, Wayzata Community Church, and Redeemer Lutheran Church voiced their opposition. Also present at that meeting was Charlene Zimmer of SRF. King said another meeting was held with Plymouth residents, who were in opposition to the interchange. Another meeting was held at the Mn/DOT offices with their staff to inform them of the opposition to the interchange by the Ferndale Road Committee. Callahan asked King how the meeting went. King said O`Keefe listened to their concerns. There were 6 committee members present at that meeting along with Plymouth Council Member Price. King said they were informed that the interchange would not be moved back to the Hwy 101 location as Hwy 101 was at capacity. King said the meeting was based on numbers and not on a "not in my backyard" mindset. She said Mn/DOT did not have the traffic numbers to support the need for the interchange. Jabbour reported that he attended 6 meetings on Hwy 12 last week alone. He voiced his concern with Mn/DOT working with the municipalities and believes Mn/DOT would be willing to litigate. He asked King to make sure all her information is correct. He noted that Ferndale Road will never be a four lane road. The Council said they were all concerned with the issue. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8,1996 • (Public Comments - Continued) An announcement of the Highway 12 corridor preliminary alignment decision is to be made by Mn/DOT on April 22 with the policy committee meeting on April 24. Mn/DOT will have a public information meeting for Orono residents on April 29. Callahan said when the announcement is made, there will be 30 days in which to submit comments. Callahan said there is nothing that can be done until the announcement is made. Callahan said it was the position of Orono that the road should go where it presently is located. Callahan said Orono is not interested in seeing an interchange be built at Ferndale. Jabbour said the issue was being monitored by many people noting there were both north and south groups. (Council Member Hurr exited the meeting at this time, which was approximately 8:20 P.M.) ZONING ADMINISTRATOR'S REPORT ( * #5) #2114 CLARK WINSLOW, 1595 BOHNS POINT ROAD - CONDITIONAL USE PERMIT/VARLA NCE - RESOLUTION #3710 Hurr moved, Goetten seconded, to approve Resolution #3710. Vote: Ayes 4, Nays 0. • ( #6) #2115 FRANK BENNETT, 315/405 TONKAWA ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3711 Dale Gustafson was present representing the applicant. Mabusth reported that the property is in a low area defined with type 1 and type 3 wetlands. The wetlands have not been designated. The area receives surface runoff from an 8 -acre area. The proposal is for an open water pond. There will be a need to remove 1900 cubic yards of spoils, some of which will be used for a new driveway to connect to the homestead parcel. The former driveway will be removed, and landscaping will be replaced. The remainder of the spoils will be removed from the site. The plan calls for small bridge walkways to be placed over the narrow portions of the pond, but Gustafson said the concept was now in dispute. Goetten said she is personally opposed to such structures and asked Gustafson to discuss with the applicants whether they were necessary. Gustafson asked if there was any bearing on the ordinance due to such bridges. Goetten said she would prefer a nature type pond. Mabusth said Gustafson was aware of the need to stay 26' away from a wetland. However, the wetland is not protected by the DNR, nor is it on the National Inventory Map. Mabusth said it becomes a concern when filling is involved. There is a need for a conditional use permit, however, for the project. Mabusth noted the benefit gained by the City of storm water • retention. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 (#6 - #2115 Frank Bennett - Continued) • Jabbour inquired if there would be a credit on the overall surface area of the pond for use in mitigating wetlands. Cook said an application would need to be completed prior to the beginning of the project. Gustafson said he has no need for the credit, and if it would improve the conditions for the City, he would assist in this manner. Jabbour said he was concerned with the potential of using such credits as a marketing tool. Gustafson said he would like to bank the credit for future clients but would be willing to let the City use it. He noted that the Bennetts were unaware of any wetland credit issue. Cook questioned who had the control over this issue. Jabbour said the City will need to take a stand on how to deal with such wetland credits in the future. It was noted that this credit was independent of the application itself. Mabusth said it was her opinion that only municipalities would be able to bank the credits and not the private citizens. Callahan said the issue will need to be investigated. Jabbour moved, Goetten seconded, to approve Resolution #3711 with the elimination of the bridges. A request was made to obtain the credit for the wetland and asked the applicant to work with the Engineer to obtain the necessary permits. Vote: Ayes 3, Nays 0. Mabusth noted that Gustafson did not present the pond as a wildlife pond, only as open water. • ( * #7) #2116 JOHN AND LYNN WALSTEDT, 3470 BAYSIDE ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3712 Hurr moved, Goetten seconded, to adopt Resolution #3712. Vote: Ayes 4, Nays 0. ( * #8) #2120 LOREN BRUEGGEMANN, 372 WESTLAKE STREET - VACATION - RESOLUTION #3713 Hurr moved, Goetten seconded, to approve Resolution #3713. Vote: Ayes 4, Nays 0. (#9) #2121 ELAINE A. SLECHTA, 3700 NORTHERN AVENUE A) VACATION -CONCEPTUAL APPROVAL B) CLASS H, PRELIMINARY SUBDIVISION - RESOLUTION #3714 Hurr moved, Goetten seconded, to conceptually approve the vacation of Northern Avenue and adopt Resolution #3714 approving the division of three properties that conform to all required lot standards of the LR -1 C zoning district that were legally combined for tax purposes subject to the findings and conditions set forth in the resolution. Vote: Ayes 4, Nays 0. C] 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 . ( #10) SET PUBLIC HEARING FOR MORATORIUM VAR1Ai CE KCLQUE; i Council agreed to waive the referral to the Planning Commission of the Orono Hockey Boosters, Inc. conditional use permit and building permit request and to direct staff to publish a legal notice for a public hearing at 7:05 p.m. at the April 22, 1996 meeting of the Council. MAYOR/COUNCIL REPORT Callahan questioned the legislative bill affecting HACA and whether it would reduce the City's per capita amount. Moorse said he would research the issue. Callahan asked Moorse about a bill providing aid to residents with private septic systems. Moorse said he would obtain more information but understood it to enable cities to assist residents financially with system replacement costs. Jabbour was informed that the property tax levy freeze failed in the state legislature. Callahan inquired about a staff memo relating to SAC and WAC charges. Moorse said the current question is what should be done with properties that are being redeveloped and whether there should be a local charge to reflect additional usage. Moorse said Staff is of the opinion that additional charges make sense as the water and sewer rates do not • cover the future cost of replacement and rehabilitation of sewer and water facilities. Such charges would produce a revenue flow to assist in covering these costs. Jabbour said the development of the City has changed. He noted that many original homes on Lake Minnetonka are being considered tear downs and is concerned with increased sewer flows and capacity problems downstream. He questioned who will incur the cost of increasing sewer capacity. Callahan agreed that the issue should be studied and directed Staff to move ahead. Jabbour reported that the Sheriffs Water Patrol will be rebuilding their facilities and would be in the situation of not having direct access to the lake during the process. Jabbour said he was concerned and has offered his facilities at Tonka Bay Marina for use by the Water Patrol during the reconstruction. The time period is from September, 1996 to May, 1997. Callahan questioned a newspaper article regarding an ordinance passed by the City of Long Lake prohibiting snowmobiling on Long Lake. Moorse indicated Orono has never enforced snowmobile restrictions on Lake Minnetonka or Long Lake. Callahan asked what lakes the City has authority over. Moorse said the City has authority over smaller lakes. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 (Mayor /Council Report - Continued) • Callahan questioned what has happened with the agreement with the DNR on the Maxwell Bay access. DNR has suggested providing a letter of agreement to address Orono's issues rather than a full -blown cooperative agreement. Jabbour said he would look into this issue and contact Larry Killeen. Goetten said she was disturbed by the memo. It was her feeling that the lake use committee had obtained an agreement with the DNR and now sees a change in the plans. Callahan noted a lack of commitment to an agreement. ENGINEER REPORT ( #I1) DESIGNATE FOX STREET AS MSA ROAD - RESOLUTION #3715 Cook asked the Council to approve the designation of a segment of Fox Street as a MSA road from Willow Drive to Old Crystal Bay Road. Callahan received confirmation by Cook that Ferndale has been designated as a MSA road. When questioned why one segment was being requested for MSA designation, Cook • informed the Council that the remainder of the road was already MSA designated. Goetten asked if the MSA fund could be used to repair the pot holes on Fox Street by Orono Orchard Road. Cook said when the funds are used for improvements, the road must meet certain standards. Goetten voiced her surprise with the road's MSA designation noting the difficulty with the wetland areas. Jabbour moved, Goetten seconded, to adopt Resolution 93715 designating the segment of Fox Street from Old Crystal Bay Road to Willow Drive as part of the City's MSA street system. Vote: Ayes 2, Jabbour, Callahan; Nays 1, Goetten. Motion passed. CITY ADMINISTRATOR'S REPORT ( #12) VOLUNTEER COMMISSION APPOINTMENTS Jabbour commented that the Council should consider changing the number of Planning Commission meetings to two meetings a month to assist the applicants in expediting their applications. Mabusth said the issue was recently discussed at the Planning Commission meeting. She said the number of current applications does not warrant two meetings a month. Jabbour said he was not concerned with the length of the meetings but with the time of processing the applications. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 • ( 412 - Volunteer Commission Appointments - Continued) Callahan said the majority of the information is requested from the applicants prior to the Planning Commission. Mabusth said delays occur due to information not being provided, new questions raised, or calls from residents concerning an application. Callahan noted the need to adhere to the 60 -day ruling. He did not feel there was a need to change the number of meetings as long as Staff is on top of the situation. Callahan asked for a Staff report on the pros and cons of two meetings a month. He said he was reluctant to approve such a request as a practical matter. Moorse responded that all meetings require notifications. Moorse suggested one meeting for referrals back to the Commission only to eliminate the need for two sets of notices. Mabusth said times are set aside for two meetings in the summer months. Jabbour said he feels January through April are key months for planning. Goetten said the months prior to winter are also busy times. Jabbour moved, Callahan seconded, to appoint Stephen Peterson and Charles Schroeder each to an additional three year term on the Planning Commission expiring on 3/31/1999 and appointing Andrew McDermott to an additional three year term on the Park Commission expiring 12/11/1998. Vote: Ayes 3, Nays 0. • Callahan reminded Staff of the need to recognize former Planning Commissioner Candace Rowlette. • ( #13) PART -TIME OFFICER POSITION DESIGNATION FOR PERA - RESOLUTION #3716 Jabbour moved, Goetten seconded, to adopt Resolution 93716 to allow Correy Farniok to participate in police /fire PERA pension fund. Vote: Ayes 3, Nays 0. ( * #14) DECLARE ORONO GOLF COURSE CLUB HOUSE NON - SMOKING - RESOLUTION #3717 Hurr moved, Goetten seconded, to approve Resolution 93717 designating the Orono Golf Course Clubhouse as "Non- Smoking ". Vote: Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 ( #15) RECLASSIFICATION OF FINANCE POSITIONS Council reported their satisfaction with the performance of these employees. Callahan moved, Goetten seconded, to approve the redefinition of the Senior Accounting Clerk position to the Management Analyst/Accountant position, and to approve placing both the Management Analyst/Accountant position and the Assistant Finance Director position into the City's compensation structure at step 3 of pay group 8; these changes to be effective March 1, 1996 for John Olson and February 1, 1996 for Chris Miller. Vote: Ayes 3, Nays 0. ( * #16) SEWER CAPACITY METERING Hurr moved, Goetten seconded, to approve the expenditure of $5,700 for the Orono/Long Lake sewer trunk metering project and to amend the sewer operating fund budget to include this expenditure. Vote: Ayes 4, Nays 0. ( * #17) GOLF COURSE LIQUOR LIABILITY INSURANCE AWARD Hurr moved, Goetten seconded, to award the Orono Golf Course liquor liability insurance coverage for the period of April 1, 1996 through December 31, 1996 to the St. Paul Insurance Company at a premium of $1,017. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #18) LICENSES Hun moved, Goetten seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Residential Kennel License Home Occupation License Annual Review Special Event Permit 8 Greg & Nancy Truchinski 1580 Fox Street LeRoy A. Pilgram D.C. 1795 Shadywood Road Parade of Homes Fall Showcase Blake Bichanich/Keith Waters & Assoc. @ 165 Cristofori Circle (September 7 - 22) • • • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 8, 1996 is (* #19) BILLS Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. • • ADJOURNMENT Mayor Callahan adjourned the meeting at 9:05 p.m. Edward J. Callahan, 'Jr.; Mayor , ATTEST: 9