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HomeMy WebLinkAbout12-10-2001 Council MinutesORONO CITY COUNCIL MEETINGf MONDAY DECEMBER 10, 2001 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, Richard Flint, and Bob Sansevere. 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 Alissa Winternheimer. Council Member Jim White arrived at 7:03, after the meeting had been called to order. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items 4, 5, 6, 7, 8, 11, 13, 15, 16, 17, 18, 19, and 22 were added to the Consent Agenda. White moved, and Flint seconded, to approve the consent agenda as amended. • Vote: Ayes 5, Nays 0. RECOGNITION *2. Dale Lindquist — Planning Commission — Resolution No. 4732 Mayor Peterson read the resolution and thanked Mr. Lindquist for his distinguished service, and presented him with a plaque. White moved, and Flint seconded, to adopt Resolution No. 4732 in appreciation to Dale Lindquist for distinguished service as a Planning Commission member. Vote: Ayes 5, Nays 0. PLANNING COMMISSION INTERVIEWS Cynthia Bremer was interviewed first. Mayor Peterson asked her if she had reviewed the City's Comprehensive Plan. She replied she had not. Mayor Peterson asked her what she likes and dislikes about Orono. Ms. Bremer replied she moved to the Twin Cities from Fargo three years ago. They lived in Plymouth until they were able to find a home in Orono one year ago. They came to ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 PLANNING COMMISSIONINTERVIEWS— Continued Orono because they like having more space, a country feel, and being close to the water. She likes the community and her neighbors. She does not like the length of the commute to downtown. Sansevere asked if she had served on a Planning Commission elsewhere. She replied she had not. He asked if she planned on opening a business in Orono. She replied she did not. Ms. Bremer stated she was involved with the Fargo Chamber of Commerce. Sansevere asked if she would be willing to serve as an alternate if not selected. She stated she would. Flint asked if she would mind serving in a position that was not always popular. She stated that as an attorney, she was used to working in a profession that did not always win her friends. Flint asked if she had enough time to commit to the Planning Commission. Ms. Bremer stated that she makes an effort to only be downtown five days a week and to spend as much time as possible with her family and in her community. She stated she was recently named partner at her firm, which would reduce her hours at work. E Nygard asked how she felt zoning codes benefit the community. She replied that the 2- acre minimum lot size where she lives is excellent for the enjoyment of the property and keeps the property values high. She stated she would like to maintain the rural feel of • Orono. White asked her how she feels about issues of historic preservation. Ms. Bremer stated she has no experience with the issue, but is in favor of it. David Rahn was interviewed second. Mayor Peterson asked him if he would be willing to serve as an alternate if he's not chosen. He replied he would. She asked if he enjoyed serving as an alternate. He stated he did. Sansevere asked if serving on the Planning Commission had met his expectations. Mr. Rahn stated that he has enjoyed serving, and initially he was hesitant to voice his opinions, but found it easy to participate. Sansevere asked how his day job would benefit him on the Planning Commission. He stated that he deals with the public and is familiar with zoning and building issues because of his work. Sansevere asked if he was interested in changing any of the codes. Mr. Rahn replied that no unusual issues had come up at the three meetings he attended as an alternate. Nygard asked how he had seen Orono change and what he felt Orono needed for the future. Mr. Rahn stated the Commission needed different guidelines for density and open space issues. Nygard asked how he had voted on the 3/4 split Planning Commission • 2 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 • PLANNING COMMISSION INTER VIEWS— Continued Recommendation on the lot coverage issue. Mr. Rahn stated he had been the deciding vote and hadn't attended the work session, so he listened to both sides at the meeting, and felt the property owner should not be penalized for an in- ground, unobtrusive pool. APPROVAL OF MINUTES *3. Regular Council Meeting of Noveber 26, 2001 White moved, and Flint seconded, to approve the Minutes of the Regular Council Meeting of November 26, 2001. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — DEBORA HALVORSON, REPRESENTATIVE Halvorson stated that the Park Commission hadn't met.on December 3, 2001, but they had discussed the newsletter request for donations. They had not had much response, and • wanted to print a request for specific items or projects people could volunteer to help with. Mayor Peterson suggested they bring that up at the joint meeting with the Council. Halvorson stated the Park Commission was still unanimously in favor of obtaining 10% of gambling revenue when the contracts come up for renewal. The Minnehaha Creek Watershed District is currently doing a water analysis of the entire watershed with 8 regional teams. Halvorson stated she and Gappa are the members from the region encompassing Orono. They are updating flood plain maps and trying to develop a cooperative approach to water quality. They are developing a partnership with cities regarding land use permits to protect the water quality in the future. Flint asked where they were with the Sohn property warming house. Gappa stated that one of the Sohn's had been contacted and thought there was water damage. They would need to look into the property more closely to make sure the house is usable. The police are concerned about keeping the house safe and unoccupied when not in use as a warming house. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE • None. 3 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 PUBLIC COMMENTS None. 0 ZONING ADMINISTRATOR'S REPORT *4. #01 -2722 Michael and Monica Brown, 1241 Brown Road South— Variances- Resolution No. 4733 White moved, and Flint seconded, to adopt Resolution No. 4733 granting variances to Municipal Zoning Code Section 10.03, Subdivision 9(D), Section 10.03, Subdivision 13, and Section 10.28, Subdivision 5(B) to permit construction of a 24' x 28' detached garage 10' from the side yard adjacent to the street (south) property line where 50' is required, and 5' from the rear property line where a 10' setback is required; and to Section 10.03, Subdivision 15(C) to permit construction of a 6' fence 15' from the side yard adjacent to the street (south) property line, where a 3 %' fence is permitted. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT 0 Nygard stated he had attended a meeting with the DNR and Mr. Jabbour about snowmobile use. Sansevere stated that the Council should receive notices of crimes that occur in Orono, and especially those where a resident is the victim. PUBLIC SERVICE DIRECTOR'S REPORT *5. Establishment of Stormwater Utility— Ordinance No. 213, Second Series White moved, and Flint seconded, to approve Ordinance No. 213, Second Series, amending the Orono City Coded to establish a storm water drainage utility and user charges for the storm water and drainage utility. Vote: Ayes 5, Nays 0. • 4 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 • *6. Establishment of Stormwater Trunk Fee — Ordinance No. 214, Second Series • White moved, and Flint seconded, to approve Ordinance No. 214, Second Series, amending the Orono City Code to establish a storm water and drainage trunk fee. Vote: Ayes 5, Nays 0. *7. Xcel Energy Street Lighting Agreement White moved, and Flint seconded, to approve the agreement with Excel Energy in the amount of $27,528.00 to install decorative street lights along Highway 12 in the vicinity of the Orono Ambar senior housing development, and approve a loan from the general fund in the amount of $27,528.00 to the TIF fund project account for the Orono Ambar project, to be repaid with proceeds from the project's TIF funds. Vote: Ayes 5, Nays 0. *8. Approve Quotations for Lift Station Control Panels White moved, and Flint seconded, to accept quotation from Electric Pump, Minneapolis, MN for lift station control panel replacements in the amount of $35,130.00. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT 9. Adoption of 2002 Tax Levy and Budget Moorse explained that there were 3 resolutions under the item. Flint stated that he was generally supportive of the proposed budget, but would not vote in favor of the budget because he is opposed to the addition of a police officer. White stated that he was also opposed to the addition of a police officer. A. Adopt Final 2001 Levy Collectible in 2002 — Resolution No. 4734 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4734 adopting the Final 2001 Tax Levy collectible in 2002. Vote: Ayes 3, Nays 2 (White and Flint). B. Adopt 2002 General Fund Budget — Resolution No. 4735 Mayor Peterson moved, and Nygard seconded, to adopt Resolution No. 4735 adopting the 2002 General Fund Budget. • Vote: Ayes 3, Nays 2 (White and Flint). 5 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 9. Adoption of 2002 Tax Levy and Budget — Continued C. Adopt the 2002 Special Revenue Funds Budgets — Resolution No. 4736 Nygard moved, and White seconded, to adopt Resolution No. 4736 adopting the 2002 Special Revenue Funds Budgets. Vote: Ayes 5, Nays 0. 10. 2002 Fee Schedule Moorse stated the proposed fee schedule for 2002 was presented before them with a list of proposed changes attached. Mayor Peterson stated that liquor license fees had increased significantly. Moorse stated that the fee is set at the amount they think it will actually cost the City to provide the license. Flint noted that on page 2, it stated the Zoning Department Documents fee was being deleted, but nothing was being put in its place. Gaffron stated that the would be $75 per copy for the 2000 -2020 Comprehensive Plan. 0 Flint stated that there is a $.25 increase for the golf course fees. He suggested the first • nine holes be increased to $10.00, the second nine holes be $7.00. For after noon and weekend rates, the first nine holes should be $12.00 and the second nine holes should be $9.00, the second nine holes after noon should be $7.00. League Rates Monday through Friday should be $10.00. Senior Citizen rates should be $7.00. Mayor Peterson asked for the rationale behind the proposed rate increases. Moorse stated that the idea was to keep increases at about 3 – 4 %. Sansevere stated he felt the senior citizen rate should be left at $6.25. Nygard stated he felt the $.25 fee to send a fax was unnecessary when someone requests a document be faxed on their behalf as City related business. Barrett stated the City should have a cut -off to prevent abuse. Mayor Peterson proposed they fax up to 6 pages for free, including the cover sheet, and after that it costs $.25 per page. Flint moved, and White seconded, to adopt Ordinance No. 212 adopting the City's Fee Schedule for 2002 and Summary Ordinance for publication with the amendments that the golf course fees increase to the next whole dollar amount from the 2001 amounts, except for the senior citizen fee, which should remain at the proposed $6.25, and that the fee for faxing should be changed to the first 6 pages for free and $.25 per page after that. Vote: Ayes 4, Nays 1 (Mayor Peterson). 0 C'1 0 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 *11. Award of Bid for Joint Long Lake /Orono Fire Station Soil Correction No action required. 12. Resolution in Support of Joint Long Lake Fire Station Construction Committee's Work and Recommendation — Resolution No. 4737 Sansevere stated he kept this item off the Consent Agenda because he felt the resolution was before them to show their support of the Fire Department. He stated he whole- heartedly supports the Fire Department and the Committee, as does the rest of the Council. He also felt the Fire Department had already been counseled and he reminded them that the fire station is being built for the Fire Department of the next twenty -plus years. White moved, and Flint seconded, to adopt Resolution No. 4737 in support of the work of the Joint Fire Station Construction Committee in the design of the new Long Lake Fire Station. Vote: Ayes 5, Nays 0. *13. Payment Requests —Long Lake Fire Station Project • White moved, and Flint seconded, to approve the requests for payment in the amount of $5,380.42 to SEH for the site survey and staking of soil boring locations, and to the Construction Bulletin for the bid advertisement in the amount $146.70, and to authorize payment of the invoice amounts. Vote: Ayes 5, Nays 0. 14. Appraisal of City -Owned Parcel Moorse stated the City had received an offer to purchase the 2 -acre parcel on the corner of Old Crystal Bay Road and Highway 12. The City Assessor had given them a ballpark figure for the property's value. Now that there is an offer on the property, they are proposing to have a formal assessment of the property's value made. Sansevere stated he felt the cost of the appraisal was too high. He also felt the only comparables were other properties in Orono. He suggested putting it out for a bid. Moorse stated that the firm was recommended and could do the assessment in the time frame desired. Sansevere suggested asking for an hourly rate. White stated he could check with his office, but the amount did not surprise him. Flint suggested approving the appraisal, but making it contingent on getting a more acceptable price. 7 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 14. Appraisal of City-Owned Parcel — Continued Flint moved, and Mayor Peterson seconded, to proceed with the appraisal, but to further research the cost and look for a more reasonable price. Vote: Ayes 3, Nays 2 (Nygard and Sansevere). *15. Establish Minimum/Maximum Park Dedication Fee for Residential and Commercial Land — Resolutions No. 4738 and 4739 White moved, and Flint seconded, to adopt Resolution No. 4738 establishing the residential park fee at a minimum of $3,250 per dwelling unit and a maximum of $5,550 per dwelling unit. Vote: Ayes 5, Nays 0. White moved, and Flint seconded, to adopt Resolution No. 4739 establishing the commercial park fee at a minimum of $8,125 per acre and a maximum of $13,875 per acre. Vote: Ayes 5, Nays 0. *16. Appoint Auditor for Fiscal Year 2001 • White moved, and Flint seconded, to appoint the audit firm of Malloy, Karnowski, • Fadosevich & Co., P.A. to perform the required audits for the 2001 fiscal year records at an estimated cost of $22,730, excluding direct expenses. Vote: Ayes 5, Nays 0. *17. 2001 Interfund Transfers and Loan Payments White moved, and Flint seconded, to approve transfers as indicated on the Schedule of 2001 Interfund Transfers and Loan Payments. Vote: Ayes 5, Nays 0. *18. Authorization to Disburse City Funds for Claims Received White moved, and Flint seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 24th council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 14, 2002 Council meeting. Vote: Ayes 5, Nays 0. *19. Letter of Intent to Purchase —One (1) 2002 Ford Crown Victoria Squad Car White moved, and Flint seconded, to approve the letter of intent to purchase one 2002 Ford Crown Victoria from Superior Ford at a cost of $22,009.00. • ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 • *19. Letter of Intent to Purchase —One (1) 2002 Ford Crown Victoria Squad Car — Continued Vote: Ayes 5, Nays 0. 20. Letter of Intent to Purchase —One (1) 2002 Ford Expedition Sansevere stated he was not opposed to it because it seems a good price for an SLJV. Flint asked what the SUV was for. Mayor Peterson stated the Council felt the Police Department should have a 4WD vehicle because some properties aren't accessible in the winter without it. White moved, and Sansevere seconded, to approve the letter of intent to purchase one 2002 Ford Expedition from Superior Ford at a cost of $28,800.00. Vote: Ayes 5, Nays 0. 21. Payment to LMCD for Additional Water Patrol Deputies Flint asked why there was a 0 after Minnetonka and what was the Member City Share on the third page of the packet. Moorse stated that Minnetonka showed a 0 because they chose to not pay, and the second column on the table showed an option for less staffing. • The LMCD and Save the Lake would be picking up their share of the costs. Flint moved, and Mayor Peterson seconded, to approve the payment of the invoice from the LMCD in the amount of $5,073.33 as the City's share of the costs of additional Water Patrol Deputies during the summer of 2001. Vote: Ayes 5, Nays 0. *22. Council Liaison to Park Commission and Planning Commission Meetings in 2002 White moved, and Flint seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 2002. Vote: Ayes 5, Nays 0. 23. Schedule Work Session The City Council agreed to hold their joint work session with the Planning Commission on December 20, 2001 at 5:30 p.m. and Council work session on January 15, 2002 at 5:30 p.m. Sansevere moved, and Flint seconded, to approve the scheduled times of the work sessions. • Vote: Ayes 4, Nays 1 (Nygard). 9 ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 CITY ATTORNEY'S REPORT None. 24. LICENSES Kennel License Robert K. Sansevere 745 Orchard Park Road Liquor License On Sale 3.2 Beer Off Sale 3.2 Beer On & Off Sale 3.2 Beer Lakeview Golf of Orono, Inc. 405 Orono Orchard Road South Orono Golf Course 265 Orono Orchard Road South O' Sullivan's 2420 Shadywood Road O' Sullivan's H 3340 Shoreline Drive Navarre Lanes 3435 Shoreline Drive One Day Gambling — Resolution No. 4740 Orono PTO Mid Winter Fun Fest Raffle —Orono Middle School Saturday, February 2, 2002 White moved, and Mayor Peterson seconded, to adopt Resolution No. 4740 and to approve the above listed licenses. Vote: Ayes 4, Nays 0 ( Sansevere abstained). 10 • • s • ORONO CITY COUNCIL MEETING MONDAY DECEMBER 10, 2001 *25. BILLS White moved, and Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 8:50 p.m. ATTEST: "'Y Linda S. Vee, City Clerk Barbara Peterson, Mayor 11