HomeMy WebLinkAbout04-23-2001 Council Minutes•
MINUTES OF THE -,r
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
The City Council met on the above - mentioned date with the following members present:
Mayor Barbara Peterson, Council Members Jay Nygard, Richard Flint, and Bob Sansevere. Council
Member Jim White arrived at 7:06 p.m. Representing Staff were City Administrator
Ron Moorse, City Attorney Tom Barrett, Planning Director Michael Gaffron, Zoning Administrator
Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public
Services Director Greg Gappa, and Recorder Jackie Young.
Mayor Peterson called the meeting to order at 7:03 p.m.
CONSENT AGENDA
( #1) Approve /Amend
Items 10, 11, and 14 were added to the Consent Agenda.
Sansevere moved, Flint seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 4, Nays 0.
PUBLIC HEARING
is ( #2) JAMES ANDERST PROPOSAL FOR A MUSIC FESTIVAL
Moorse stated James Anderst proposed at the April 9, 2001 Council meeting a community music
festival to be held in the Navarre public parking lot. Mr. Anderst has indicated they would like to
hold the festival over one weekend in late August, with the festival running from noon until 8:00
p.m. Moorse indicated there would be live music, food and beverages available.
At the previous Council meeting the Council Members had expressed a number of concerns relating
to the management of traffic, parking, number of people attending the festival, security, and the
impact on the surrounding residents and businesses. Moorse noted the Council also wanted to
obtain some input from the residents in the area, with this matter being continued to tonight's
meeting in order to gain public input and to allow Mr. Anderst to address some of the concerns that
were raised at the last Council meeting.
Sansevere inquired how many people are expected at this event. Sansevere noted a number of 2,000
people was mentioned at the last Council meeting which would need to attend this event in order for
it to be successful.
Anderst stated he is unsure whether they will reach that 2,000 number. Anderst stated he has come
up with 677 parking spaces, which includes 97 in the municipal lot, 60 at the bowling alley across
the street, 90 spaces at the Freshwater Institute, 12 at the bank, 30 to 40 at the dry- cleaners, 63 at the
Calvary Church, 90 at the Good Shepherd Church, 30 at the liquor store, and a number at the
Hennepin County maintenance lot.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(James Anderst, Continued)
Mayor Peterson inquired whether all of these parking spaces were within walking distance of the
festival.
Anderst stated they are.
Sansevere inquired whether Police Chief Good had a number of participants which should not be
exceeded for this event.
Police Chief Good expressed a concern that the Orono Police Department does not have adequate
resources to manage 2,000 people. Good stated it would be difficult to ascertain the number of
people that would be attending this event. Good indicated they would need to provide one police
officer for every 200 people that attended this event. In addition, Good questioned whether the
municipal lot would be able to contain 2,000 people and would prefer to see the number of people
restricted to 200 to 300 people.
Anderst indicated the area of the municipal lot to be used for the festival contains 15,000 square
feet, with seven square feet being required per person.
Sansevere stated he would be following the recommendation of the police chief.
Flint stated the issue of how traffic will be managed needs to be addressed regardless of the number
of people attending this event. 0
Police Chief Good stated she has not received any type of written plan for this event outlining how
these various issues will be handled.
Sansevere inquired whether the 150 people that could be accommodated inside the bar were
included in the police chief's 200 to 300 figure.
Police Chief Good indicated it was not. Good stated she is unsure whether Orono's Ordinance
would permit the serving of alcohol outside the saloon. Good stated it is her understanding these
types of permits are limited to clubs, charitable, religious, or nonprofit sponsored events, and she is
unsure whether this event would qualify under those restrictions.
Moorse stated it is his understanding the license would need to be issued to one of those types of
organizations: Moorse stated Anderst may need to have a nonprofit or charitable group managing
the beer tent, with a separate agreement designating the proceeds generated from the sale of alcohol
to a specific charitable organization. Moorse stated this is a somewhat unique situation since the
event is being held on a public -owned parking lot.
Tom Barrett, City Attorney, stated there would need to be a genuine designation of the majority of
the proceeds to the charitable organization, which would not be inconsistent with the intent of the
ordinance in his opinion. Barrett stated a 50/50 split with the charitable organization would be
acceptable.
White inquired how the noise generated from the live band would be handled. •
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(James Anderst, Continued)
Anderst stated the sound would be amplified since the event is being held outside. Anderst stated
the sound would not be amplified to the point where it will cause major problems to the neighbors
Mayor Peterson noted the event is scheduled to end at 8:00 p.m.
Sansevere inquired who would pay for the police officers overseeing this event.
Police Chief Good indicated normally the cost of any overtime hours associated with this event
would be assumed by the person sponsoring the event. Good reiterated she would need a formal
written plan on how all these issues will be addressed before she would be willing to commit any
police officers.
Mayor Peterson noted at the last Council meeting limiting the number of wristbands sold was raised
as an option.
Sansevere inquired whether the event could be successful if the number of people allowed to attend
the festival was limited to 200 to 300.
Anderst stated in his view the festival could not be successful with that small number of people, and
that he would need approximately 1,000 people per day in order to make it a success.
• Mayor Peterson inquired whether the reserves on the police force could be utilized for this event
Police Chief Good stated even if the reserves were utilized, in her view they still would not be able
to accommodate that number of people. Good indicated issues relating to public health and safety
need to be addressed prior to the event.
Anderst stated he has contacted North Memorial for an ambulance, the Mound Fire Department, and
a sanitation company. Anderst inquired whether an outside security force could be employed for
this event.
Police Chief Good reiterated that these types of festivals are normally planned and organized by a
committee of people, with a formal written plan addressing all of these concerns and issues being
submitted for her review. Good noted she has not received a written plan.
Anderst indicated he would be willing to put together a plan for the police chief.
Mayor Peterson commented there appear to be a number of issues that need to be addressed before
this event can be approved. Peterson stated in her view the next step is for Anderst to meet with the
police chief to discuss what should be included in the plan.
Sansevere reiterated he would be following the recommendation of the police chief.
Mayor Peterson opened the meeting up for public comment.
• John Hollander, 200 Hollander Road, stated in his view they need to insure proper medical care is
available. Hollander inquired whether parking on the streets would be allowed. Hollander noted a
Page 3
1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(James Anderst, Continued)
special permit is allowed for street parking.
Mayor Peterson stated on- street parking would not be allowed for this event.
Julie Flynn, 3473 Lyric Avenue, stated she has spoken to most of the neighbors in this area who
have indicated they are in support of this event and would like the Navarre area to have its own
annual community event.
Sansevere suggested Anderst recruit some of the local neighbors to help organize this event.
Tom Flynn, 3473 Lyric Avenue, suggested a portion of Lyric Avenue be closed.
Police Chief Good stated that option has not been considered. Good commented it is helpful to
know that the area residents are in support of this event. Good stated if the street is to be closed, it
will need to be planned for prior to the event.
Flynn commented in his opinion Anderst has done a very good job at improving this property and
should be commended.
•
Gordon McFarland indicated he manages one of the properties abutting the parking lot. McFarland
stated in his view most of the business owners are supportive of this event but would like to see the
issue of liability addressed. •
Mayor Peterson noted Anderst was informed of the insurance requirements of the City at the last
meeting.
McFarland stated he would also like some assurance that parking will be available for customers of
the various businesses in the area.
Mayor Peterson inquired whether Anderst has addressed the issue of providing parking for the
customers of the businesses during the festival.
Anderst indicated he has spoken with Rick at Super Valu, who indicated that Saturday and Sunday
are his busiest days. Anderst stated they would erect signs saying no festival parking is permitted in
the Super Valu lot, and that he would be agreeable to having someone monitor that lot to insure that
no festival parking occurs in that lot.
Louis Hudlow, 3438 Lyric Avenue, requested that the issue of garbage cleanup following the event
be addressed.
John Hollander stated it is his understanding of Orono's Ordinances that a tight lid container would
be required.
Gappa stated the City does require closed garbage cans, but that a big rollout garbage bin could be
utilized for this event since it would be removed the next day.
Sansevere stated the issue of cleanup would need to be included in the plan.
Page 4
•
E
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(James Anderst, Continued)
Tom Barrett, City Attorney, stated a distinction is made between domestic and commercial
disposal of garbage and that the appropriate changes could be made to the ordinance if necessary
identifying those differences.
Anderst indicated he has checked on obtaining an eight yard dumpster for this event, which would
be removed at the end of the weekend. Anderst stated the majority of the garbage in his opinion
would consist of plastic cups and some minor food items.
Michael Shields, 1310 Vine Place, indicated he also would like to see the issue of cleanup
addressed.
Mayor Peterson closed the public hearing at 7:42 p.m.
White commented he would like to see this e-.-ent be successful, but in his view a plan needs to be
developed in order to insure that everything runs smoothly.
Flint indicated he continues to be in support of this event. Flint noted a number of people over the
years have expressed a desire for an event like this to happen in the Navarre area. Flint stated
Anderst will need to develop a satisfactory plan.
• Sansevere recommended Anderst have an indepth written plan prepared and then reappear before
the Council.
Police Chief Good indicated she would like to see a written plan addressing the issues relating to
traffic management, traffic, parking, and security. Good recommended one specific person be
appointed who would be the person to contact in the event something happens.
Sansevere suggested Anderst approach one of the other organizations that has put on similar events
in the past to see if they would be willing to help him organize this event.
APPROVAL OF MINUTES
*( #3) Regular Council Meeting of April 9, 2001
Sansevere moved, Flint seconded, to approve the minutes from the Regular City Council
meeting of April 9, 2001, as submitted. VOTE: Ayes 4, Nays 0.
PARK COMMISSION COMMENTS — Pauline Bouchard, Representative
Bouchard addressed the City Council and reported that the Navarre Park is being used every day by
the children in the area and is a good asset for this area. Bouchard stated the landscaping of the park
has not been completed at this time. An article soliciting plantings and volunteers will be submitted
• to the local newspaper and included in the City newsletter coming out this week.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
•
(Park Commission Comments, Continued)
Mayor Peterson inquired when the Council would be meeting with the Park Commission to discuss
the lake access points.
Moorse indicated a definite date has not yet been scheduled to discuss this item but they are
anticipating it will be sometime in May.
PLANNING COMMISSION COMMENTS — Jeanne Mabusth, Representative
Mabusth indicated she would be available for questions at tonight's meeting. Mabusth stated the
Planning Commission appreciated Council Member Flint's comments to them at their last meeting.
LMCD COMMENTS — Lili McMillan
McMillan was not present at tonight's meeting.
PUBLIC COMMENTS
John Hollander, 200 Hollander Road, stated he has resided at the end of Hollander Road since 1956,
which is a private road.. Hollander indicated the road was constructed in 1978. Hollander stated he •
has been paying liability insurance on that road for many, many years, and is contemplating
charging the other residents on that road a portion of the costs incurred for maintaining that
insurance. Hollander requested the City send the residents on that road a letter notifying them that it
is a private road and that he has legal title to it. Hollander stated it is his understanding under
Minnesota Law that he would be able to sell the road if he so desired.
Hollander stated he has another concern relating to Orono's Refuse Ordinance, which requires that
all garbage be kept in a tight -lid container. Hollander stated it is cheaper to use a roll -out box than
the type required by the ordinance. Hollander stated in his view everyone is in violation of this
ordinance because the garbage containers supplied by Randy's Sanitation do not meet the
requirements.
Hollander commented the City of Orono to his understanding has received a number of phone calls
relating to the improvements he is attempting to do to his property. Hollander stated he has a right
to file a lawsuit against those residents for emotional distress. Hollander indicated none of those
residents has talked to him personally or offered to help. Hollander stated he has made a request of
the City Administrator to be supplied with a list of those residents, and a failure to comply with that
request is denying him his due process of law. Hollander indicated if he does not receive that list
from the City, his only recourse would be to file a lawsuit against the City for emotional distress and
denying him his due process of law.
Hollander raised another concern relating to parking on public or private streets. According to
Orono's Ordinances, no parking is allowed on a public or a private street at any time except for
emergency repairs, at which time they can only be there for eight hours. Hollander indicated in his •
view he has a right to park on Hollander Road and would like this issue clarified.
Page 6
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(Public Comments, Continued)
Hollander requested the City address the high speeds on County Road 6 by better enforcement.
Mayor Peterson indicated City Staff should be able to address all of Hollander's concerns.
Gary Welsh, 1214 Wildhurst Trail, indicated he is appearing at tonight's meeting in order to address
the statements by the Lines. Welsh stated the character of the neighborhood has changed very little
since the Lines have moved to this area and that in his view it is merely a matter of personal taste.
Welsh commented if the Lines are not satisfied with the appearance of the neighborhood, they could
have purchased property elsewhere.
Welsh noted the Lines' statements that they follow the City's Ordinances is not totally accurate.
Welsh noted the City did grant some variances to the Lines in order for them to construct their
residence. The neighborhood did not contest these variances and welcomed the Lines to the
neighborhood.
Welsh stated in his opinion the Lines are complaining about normal lifestyles and activities that are
found throughout this diverse community. Welsh commented the residents have experienced loud
noise from some of the various gatherings put on the Lines, which they have tolerated without
complaint. Welsh stated in his opinion the taking of numerous photographs of the various
• residences in the neighborhood and displaying of them in a public forum is a violation of their
privacy. Welsh stated the Lines could have undertaken some due diligence prior to purchasing their
property in order to better ascertain what the character of the neighborhood was.
Welsh commented in his view Orono is a diverse community where people of all kinds should be
able to get along.
Sansevere commented in his view it sounds like this issue may be more of a neighborhood conflict
and that really should be worked out between the local residents. Sansevere stated if there is a
violation of an ordinance, the City can become involved. Sansevere commented he is unsure what
involvement Welsh would like the Council to have in this matter.
Welsh stated in his view the Lines are attempting to get the Council involved in this matter. Welsh
stated it is his understanding none of the neighbors have been before the Council to complain about
the noise generated from the numerous parties put on by the Lines and the number of cars. Welsh
stated they are attempting to be good neighbors.
Rick Meyers, 2195 Bayview Place, indicated he was present at the Council meeting when the Lines
addressed the City Council. Meyers stated in his view both sides have some issues that should be
addressed, and that everyone needs to follow the City's ordinances. Meyers stated it is the City's
duty to enforce the ordinances and it is the responsibility of the property owners to see that their
properties are properly maintained.
A resident of Wildhurst indicated she was on the Lines' list of people who have been cited as being
• in violation of the City's Ordinances. The resident stated for the past year she has been in
compliance with the City's Ordinances but apparently does not meet the standards of the Lines. The
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
�J
(Public Comments, Continued)
resident inquired what action she could take in order to stop the Lines from taking photographs of
her residence and invading her privacy.
Sansevere stated there are avenues beyond the City Council that the resident could pursue.
The resident indicated she would like the City to step in and say that they may be violating their
privacy.
Sansevere stated in his opinion this may be a matter that the Council has little authority over and
that the local residents will have to pursue other avenues.
Tom Barrett, City Attorney, stated any citizen has the right to petition the Council for redress of
their grievances if they perceive they exist. Barrett stated if they exceed the boundaries of some
other private right, then it may become a private action and the residents would need to take other
steps to protect themselves or to address their concerns.
White stated the City would become involved in situations where there are legitimate concerns that
need to be addressed.
Sansevere stated he would like to review the City's Ordinance regulating storage of boats.
Gabriel Jabbour, 985 Tonkawa Road, stated he has been a resident of Orono for 30 years and at one •
time lived next door to Curt Carlson. Jabbour stated every time one of his neighbors would be
hosting a large gathering, they would notify the other residents in the neighborhood and would try to
be a good neighbor.
Jabbour stated it is opinion there is a fear among some of the residents of Orono that they are not a
part of the "elite" group in Orono and that they are being forced to change their lifestyle. Jabbour
stated he is grateful for the quality of life and the diversity that exists in Orono. Jabbour encouraged
the Council to continue to preserve that quality of life and diversity.
Mayor Peterson thanked the residents for their comments.
ZONING ADMINISTRATOR'S REPORT
*( #4) #01 -2664 MITCH AND KIM OLSON, 3265 CARMAN ROAD — VARIANCES —
RESOLUTION NO. 4644
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4644, a
Resolution approving variances to structural lot coverage and hardcover to permit
construction of an attached garage on the street side of the residence located at
3265 Carman Road. VOTE: Ayes 4, Nays 0.
•
Page 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
*( #5) #01 -2673 GARY GERMUNDSEN, 4101 HIGHWOOD ROAD — VARIANCES —
RESOLUTION NO. 4645
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4645, a
Resolution granting renewal of variances to permit the construction of a new residence to
replace the existing residence on the property located at 4101 Highwood Road.
VOTE: Ayes 4, Nays 0.
*( #6) #01 -2669 RICHARD J. WETT,1396 BALDUR PARK ROAD — VARIANCES —
RESOLUTION NO. 4646
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4646, a
Resolution granting an after - the -fact variance to hardcover to permit construction of a
four foot overhang over an existing sidewalk on the street side of the residence located at
1396 Baldur Park Road. VOTE: Ayes 4, Nays 0.
( #7) #01 -2672 JIM & SHARON WALKER, 2685 NORTH SHORE DRIVE - CONDITIONAL
USE PERMIT — RESOLUTION NO. 4647
Jim Walker, Applicant, and Dave Erotas, Contractor, was present.
• Weinberger stated the Applicants have requested a conditional use permit for a guest apartment
located within the proposed principal residence. The guest apartment would be located above the
garage and connected to the main part of the house by a fully enclosed walkway. Non - rental guest
apartments are a conditional use in "R" districts. Orono's Code requires the guest apartment be for
the sole use of the occupants of the principal residence, including their domestic employees or non-
paying guests. One access door to the apartment must be provided from within the principal
structure.
In addition, the Applicants are also requesting a variance to permit two accessory buildings to
remain on the lot. The buildings consist of a screen house located near the lakeshore within the
0'75' setback and the second is a tower that has been on the property for many years. The existing
house was originally constructed in approximately 1903. A condition of approval would be that no
expansion or alteration of the buildings would be permitted since they are non - conforming.
The Planning Commission voted 5 to 0 to recommend approval of the conditional use permit for the
non - rental guest apartment and variance to permit the tower to remain on the property. The
Planning Commission voted 4 to 1 to recommend approval of the variance to permit the screen
house to remain on the property. It was the minority opinion that the screen house should be
removed because it is a structure within 75 feet of the lakeshore of Lake Minnetonka.
City Staff recommends approval of the conditional use permit and the variances.
Flint stated he wanted to discuss the screen house. Flint noted the City receives a number of
requests for repairs of structures. Flint stated he is comfortable with the resolution as presented. In
• his view the Applicants are attempting to maintain the historic look of the property, but due to the
Page 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
0
(Jim & Sharon Walker, Continued)
number of repair requests that the City receives, the City Council should consider this application
very closely and state the reasons why this building is being allowed to remain.
Sansevere inquired whether these buildings would be removed once the principal structure was
completed or would stay following construction.
Weinberger stated both buildings would remain following construction of the new principal
residence. The Applicants are requesting that the two accessory buildings remain during the
construction period.
Sansevere commented in his view these type of structures are part of the charm of the lake.
Flint stated the Council should be aware that if an adjoining property owner requested permission to
construct a similar structure in the 0 -75' setback, the answer would be no because hardcover is
restricted in the 0 -75' setback.
White inquired when the screen house was originally constructed.
Walker stated it is his understanding it was constructed in approximately 1907.
Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4647, a Resolution
approving a Conditional Use Permit to permit a non - rental guest apartment within the main
residence, and a variance to permit two accessory buildings to remain on the property
following removal of the existing principal building located at 2685 North Shore Drive.
VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
( #8) SPRINT PROPOSAL FOR TELECOMMUNICATION ANTENNA
Jaren Johnson, The Everest Group, and Evan Rice, Attorney -at -Law, were present.
Moorse stated Sprint PCS has approached the City regarding the need for an additional
telecommunications antenna site to provide PCS coverage in the Crystal Bay area. The proposal is
for an antenna and tower to be located in the Crystal Bay area close to the Post Office. Moorse
stated the Council discussed this issue in a work session a couple of weeks ago, with the Council
indicating at that time that an 80 to 100 foot tower with an antenna was not acceptable. Moorse
stated that information was forwarded to Sprint, and they are now before the Council to discuss their
proposal.
Johnson stated at the present time there is a coverage gap in the Orono area, which Sprint would like
to address by the addition of another tower in the Crystal Bay area. Johnson stated he has discussed
this matter with the City Administrator as to other possible options as well as have their engineers
consider towers at lower heights. Johnson indicated with the topography that exists in the Orono
area, Sprint would need an 80 to 100 foot tower in order to clear the trees. •
Page 10
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(Sprint Proposal, Continued)
Johnson stated Sprint's engineers have examined the proposed site at Brown Road and feel that an
80 foot tower would work, although they would prefer a tower that is 100 to 120 feet in height.
Johnson stated an 80 foot tower would be the minimum height that they would need due to the trees
in the area.
Sansevere inquired whether the antenna could be installed on top of one of the trees in the area.
Johnson stated they are unable to do that.
Flint commented he has read a number of articles regarding a type of tower they are utilizing in the
east which resembles trees. Flint inquired whether Sprint would have that type of tower available.
Johnson stated he has attempted to locate some information regarding that technology.
Rice stated those type of towers are referred to as stealth towers and typically cost more than your
average tower. Rice stated the design of the tower that Sprint is proposing to utilize at this site is a
flag pole or needle design.
Flint inquired how much coverage a 60 foot tower would provide.
Johnson stated he is unsure whether Sprint's engineers have considered a 60 foot tower. Johnson
• explained the procedure used in determining the appropriate size of the tower.
•
Flint indicated the City of Orono has a present policy governing telecommunication towers and
antennas. Flint stated the City of Orono is very conscious of preserving the natural look of Orono
and would like to avoid the use of industrial looking towers, especially in a park setting. Flint stated
he would be willing to look at the other types of towers available, but in his opinion Orono's present
policy is the right policy to have.
Tom Barrett, City Attorney, indicated the telecommunications field is very regulated under Federal
Law. Barrett inquired whether Sprint in their opinion has some federal or other governing right or
authority to proceed in this situation.
Rice stated Sprint does not maintain that they have a right to any particular site, which is why they
are approaching the City of Orono at this time to engage in negotiations. Rice stated Sprint does
operate within a heavily regulated field and are obligated as part of that licensure process to provide
certain coverage minimums. As a result of that, Sprint is obligated to construct a system of wireless
facilities to receive and transmit telephone communications.
Rice stated the Telecommunications Act of 1996, was a major reform in this field, and for purposes
of this meeting, the Telecommunications Act allows local governments with the authority to
regulate their zoning. Rice indicated the Act has been interpreted in this state that a local
government can take no action which prohibits or has the affect of prohibiting the installation of
towers. Rice stated the gist of the Act is that local governments cannot take actions which prohibit
wireless telecommunications nor discriminate between providers.
Page 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(Sprint Proposal, Continued)
Rice stated Sprint perceives it has a gap in its coverage, and in order to meet its obligations, it needs
to find a facility in this area to help close that gap. Rice reiterated Sprint is approaching the City
tonight in an effort to open the dialogue in order to make that happen in a way that best serves the
City of Orono as well as Sprint. Rice indicated there would be some financial incentive to the City
which could be used for the maintenance of the park.
Sansevere inquired what would happen if a 55 to 60 foot tower was erected in this area.
Johnson stated that would necessitate the need for additional towers.
Sansevere inquired what the total coverage of the tower would be.
Johnson stated he could get that information. Johnson indicated he could ask Sprint's engineers to
look at that option.
Sansevere stated he would like the Council to consider the possibility of looking at more than one
tower in an effort to reduce the height.
Mayor Peterson inquired whether the other vendors have an issue with this area.
Johnson stated they do. Johnson indicated'at the June 291h session of last year there were several
other vendors who were present at that time who indicated they presently have gaps in this area. •
Johnson stated the other vendors may not perceive this area to be a top priority.
Flint inquired what an antenna installed on the Navarre water tower would do for Sprint versus this
one.
Johnson stated if an antenna were installed on the Navarre water tower, it would make the other
sites weaker. If the towers are too close together, they do not work properly.
Sansevere inquired whether there was another possible location in this coverage area outside of the
park where a second tower could be erected. Sansevere commented he would like to look at other
options outside of erecting an 80 foot tower.
Johnson commented the possible locations for a tower are limited in this area due to the residential
nature of this area.
White inquired what environmental impacts the tower would have on the area.
Johnson stated he is not aware of any. Johnson stated the base of the tower would be concrete and
would need to be approximately 35 feet deep to keep the tower from tipping. Johnson stated the
equipment itself consists of various types of electronic devices.
Mayor Peterson inquired what would be located around the tower.
Johnson stated there is a 15 by 15 foot station, which would be fenced off. Johnson indicated in •
order to address aesthetic concerns, a cedar fence would be constructed as well as planting of trees.
Page 12
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
•
(Sprint Proposal, Continued)
Rice stated he understands the position of the City. Rice indicated Sprint would like to start a
dialogue which would help to address some of these unresolved issues.
Sansevere commented he would like more information on the tower that resembles a tree.
Sansevere indicated he is not ready at this time to support an 80 foot tower.
Mayor Peterson stated she also cannot favor an 80 foot tower.
Flint stated he also would like more information regarding the tree tower as well as information
regarding the coverage area with a 55 to 60 foot tower.
White commented unfortunately the park is not an industrial area and the City would prefer not to
.turn it into an industrial site.
Tom Barrett suggested this item be tabled to allow Sprint time to supply the additional information
requested.
Sansevere commented the City of Orono would like to work with Sprint.
Mayor Peterson reiterated the Council is interested in looking at possibly more than one tower with
heights not to exceed 55 to 60 feet and the tree option. Peterson inquired whether the idea is to stay
• on public property with the tower.
White indicated that once the tower is constructed, the land would become taxable.
Johnson stated that once public land is put to income producing use, the land could become taxable.
Tom Barrett stated it is his understanding the land could be assessed if it produces income.
Sansevere pointed out that if an 80 foot tower is approved at this site and another carrier requests an
80 foot tower at another location within the City, the City would be required to approve that request
as well so as not to discriminate between carriers.
Tom Barrett stated the Council would need to consider the discriminatory factor in making their
decision.
Flint moved, White seconded, to table Sprint's proposal for a telecommunication antenna
pending further information being supplied by Sprint. VOTE: Ayes 5, Nays 0.
( #9) RESOLUTION CALLING FOR A PUBLIC HEARING ON A HOUSING PROGRAM
AND A TEFRA HEARING ON THE ISSUANCE OF 501 (c) (3) BONDS FOR THE ORONO
WOODS HOUSING PROJECT
Moorse noted public hearings on the Orono Woods Tax Increment Financing Plan, Development
• Plan, Housing Program, and the issuance of multi - family housing revenue bonds have been
scheduled for May 140'.
Page 13
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
•
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4648, a
Resolution calling for public hearings on the Orono Woods Tax Increment Financing Plan,
Development Plan, Housing Program, and the issuance of multifamily housing revenue bonds.
VOTE: Ayes 5, Nays 0.
*( #10) YEAR ENDING DECEMBER 31, 2000 — INVESTMENT REPORT
The City Council reviewed the Investment Report for the Year Ended December 31, 2000.
*( #11) REQUEST FOR AUTHORIZATION TO DISPOSE OF USED SQUAD CARS
Sansevere moved, Flint seconded, to declare Squads 167,178, and 182 as surplus property and
to authorize their sale to the highest bidder on May 9, 2001. VOTE: Ayes 4, Nays 0.
*( #12) FLEMING TRAIL COVENANT AMENDMENT
Sansevere moved, Flint seconded, to authorize the Mayor and City Administrator to sign the
"Amendment to Declaration of Covenants" for the Fleming Trail Addition.
VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
•
Flint stated his comments at the last Planning Commission meeting were regarding the fine job the
Planning Commission was doing on the applications, which enables the City Council to put a large
number of them on the Consent Agenda. Flint commented he is pleased with the quality people that
are presently on the Planning Commission.
Flint stated a specific comment was raised regarding the Wett application. Flint stated the property
owner made the comment why did he have to go through this whole process. Flint stated in his
opinion that is one application that could have been handled entirely by City Staff. Flint stated the
Applicant extended the roof line a little further over the blacktop than what it already was, so
technically you were substituting an overhang variance for the hardcover variance that was already
there. Flint stated the City needs to come up with some specifics where those type of applications
can be handled administratively.
Mayor Peterson indicated the three Planning Commission alternates and herself spent the majority
of Saturday at a seminar put on by John Shardlow, which was very informative and worthwhile.
Gaffron inquired whether the fee paid on the Wett application should be refunded. Gaffron stated
the City collected a penalty fee on this application since it was an after - the -fact variance, which is
double the permit fee.
Mayor Peterson stated in her opinion the City should charge the normal application fee.
is
Page 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
• (Mayor /Council Report, Continued)
Flint moved, Sansevere seconded, to authorize City Staff to refund $250 on Application
#01 -2669, Richard J. Wett,1396 Baldur Park Road.
Tom Barrett requested the City Council articulate the reasons why this refund is being given.
Flint stated the reason he supports a refund in this situation is that this is the type of application that
should never really have gone through this review process and could have been approved
administratively. Flint indicated it was only a technical aspect of the Zoning Code that required the
application follow this procedure.
Gaffron stated normally the City charges the builder the double permit fee and not the property
owner. Gaffron stated both the builder and the property owner had the understanding that it would
not require a separate variance. Gaffron stated City Staff chose to bring this item before the Council
.due to the amount of time that had elapsed from the time the original permit was initially issued.
VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0.
*( #13) LICENSES
Sansevere moved, Flint seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0.
• SPECIAL PERMIT
JMS Homes
Luxury Lifestyle Home Tour @ 1150 Lyman Avenue
June 8, 9, 10 & 15, 16, 17 & 22, 23, 24 (Friday, Saturday & Sunday)
Fridays 1:00 p.m. — 7:00 p.m.; Saturdays and Sundays, 10:00 a.m. — 6:00 p.m.
Tony Eiden Company
Minnesota Monthly's Luxury Home Tour @ 480 Sussex Lane
June 8, 9, 10 & 15, 16, 17 & 22, 23, 24 (Friday, Saturday & Sunday)
Fridays 1:00 p.m. — 7:00 p.m.; Saturdays and Sundays 10:00 a.m. — 6:00 p.m.
Gear West Ski & Bike
Duathlon (3 Mile Run/20 Mile Bike /3 Mile Run)
Orono Middle School and Surrounding Area as designated on map
Sunday, May 20, 2001
8:00 a.m. — 11:00 a.m.
SOLICITOR
Fund for Public Interest Research (FFPIR)
Representative Patrick Rowan
1313 — 5h Street SE
is Minneapolis, MN 55414
Page 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, April 23, 2001
(Licenses, Continued) •
Infinity Adv. Inc.
Representative: Anthony Lawler
90 West Country Road C #21
Little Canada, MN 55117
Edward Jones
Representative: Shannon M. jTaggart
1810 North 2nd Avenue
Minneapolis, MN 55405
*( #14) BILLS
Sansevere moved, Flint seconded, to approve payment of the All Funds Account.
VOTE: Ayes 4, Nays 0.
PUBLIC SERVICE DIRECTOR'S REPORT
None
CITY ATTORNEY'S REPORT
City Attorney Tom Barrett requested an executive session. •
ADJOURNMENT
Sansevere moved, White seconded, to adjourn the meeting at 9:18 p.m.
There being no further business to discuss, the meeting was adjourned at 9:18 p.m.
ATT ST:
d it X-V—�
inda S. Vee, City Clerk a tor
Page 16