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HomeMy WebLinkAbout04-08-2002 Council MinutesORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard, Jim White, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Zoning Administrator Paul Weinberger was absent. Mayor Peterson called the meeting to order at 7:10 p.m. CONSENT AGENDA 1. Approve /Amend Items 8 and 11 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. is Vote: Ayes 5, Nays 0. RECOGNITION 2. Bill Stoddard, Planning Commission — Resolution No. 4783 Mayor Peterson read the resolution to Bill Stoddard, commending him on his distinguished service as a member of the Planning Commission for six years, and thanked him for all he has done. White stated that Mr. Stoddard was one of the first Planning Commissioners he got to know and he was sad to see him depart. White thanked him for his service and wished him well. Flint stated that he appreciated the way Mr. Stoddard always kept the City's best interests in mind. Mr. Stoddard thanked the Council and stated they were welcome to call him if they ever needed his expertise. He also stated he would be willing to serve as an alternate on the Planning Commission. 0 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 2. Bill Stoddard, Planning Commission Resolution No. 4783 — Continued • White moved, Flint seconded, to adopt Resolution No. 4783 in appreciation to Bill Stoddard for distinguished service as a Planning Commission member. Vote: Ayes 5, Nays 0. 3. Brad Johnson, Police Officer— Resolution No. 4784 Officer Johnson was not present. Mayor Peterson read the resolution into the record. Jack Weist of 1920 Concordia Street stated he knows Officer Johnson and was sorry to see him leaving. White moved, and Flint seconded, to adopt Resolution No. 4784 recognizing Officer Brad Johnson for his twenty -one years of dedicated service to the City as a member of the Orono Police Department. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *4. Regular Council Meeting of March 25, 2002 • Flint moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of March 25, 2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — DEBORAH HALVORSON, REPRESENTATIVE Halvorson stated that the Parks, Open Space and Trails Commission met on April 1, and discussed public access sites to be surveyed and marked over the next 3 years. They selected thirteen non - controversial sites, with four alternate sites, to be done this year. They plan to use upright posts with small signs that say Orono and have an arrow pointing inward to the access, with one on each corner marking the property. Once the survey is done, they would like the posts to be installed on the same day so no markers are lost or stolen. They also discussed the summer park tour, which will include Navarre, Langdon, Saga Hill, French Creek, Seven Nations, and Fox Street Access. She stated that the Council was welcome to request any parks they would like included in the tour. 11 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 • PLANNING COMMISSION COMMENTS —LIZ HAWN, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 5. #2461 William and Thelma Bryson, and James A. R. Johnson, 650, 660, 670, and 680 Big Island— Subdivision of a Lot Line Rearrangement Gaffron stated that the applicant had requested the application be tabled. Mayor Peterson moved, and White seconded, tabling Item #5 William and Thelma Bryson, and James A. R. Johnson, 650, 660, 670, and 680 Big Island— Subdivision of a Lot Line Rearrangement. Vote: Ayes 5, Nays 0. • PARK COMMISSION COMMENTS — DEBORAH HALVORSON, REPRESENTATIVE Bottenberg stated that the Twidwells were proposing to tear down the existing house on their property and construct a new residence. They had already considered several remodeling schemes for the existing house and had revised their plans for new construction three times in an attempt to meet the 15% lot coverage for structures, setback requirements, and save three mature maple trees in the 75 – 250' setback zone. The current plan meets setback, average setback, and lot coverage standards, but hardcover in the 75 – 250' setback zone is proposed at 33.54% where only 25% is allowed. The applicants' preferred plan keeps all three of the maple trees. The Planning Commission recommended approval. Bottenberg stated that staff found the lot is conforming and does not warrant a hardcover variance. Nancy Twidwell stated that they began plans to remodel two years ago, but because of drainage issues, they have been advised to do a tear down and rebuild. They are currently looking at their fourth set of new construction plans. They are trying hard to preserve three 60 -year -old maple trees, meet codes, and meet their family's needs. She stated that keeping the driveway where it currently exists is best for the health of the trees. They hired an arborist who recommended keeping the drive in place because the • trees' root systems are used to the compression in those areas. Moving the drive, and 3 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 PARK COMMISSION COMMENTS DEBORAH HAL VORSON, REPRESENTATIVE—Continued compressing the roots in a new area would damage, and probably kill the trees. Mrs. Twidwell stated they have the support of their neighbors and the Planning Commission. She asked the Council for their support as well. Sansevere asked if the trees could be viewed as a hardship. Gaffron stated that staff posed the question in order to stimulate discussion. If the Council were to approve the application, they would need to draft a resolution stating the unique nature of the case. White stated that hardcover is very hard on trees and that he knew of several people who added hardcover to their properties and lost trees as a result of it. He stated he was in favor of the application. Nygard asked if the driveway could be reduced. Mike Sherridan, the Twidwell's builder, stated that the driveway was currently planned at 18' wide. It would be possible to narrow it some along the south side, where the trees are. He stated a 4' reduction would result in about a 160 s.f. hardcover reduction. is Julie Born of 1885 Concordia Street stated that there are hedges along her property edge, • and they live on a hill reducing visibility of the road, therefore it was important the Twidwells be able to enter the street facing forward from their driveway. Gaffron stated the driveway reduction would reduce hardcover by about 1.5 %. Flint stated he favored supporting the application because they were making improvements from the current house. Barrett stated they could not use two sets of rules and warned that if the application were approved, it would likely have a precedential element. Flint suggested making it clear in the resolution that they are reducing hardcover and moving the house back from the lakeshore, making it less oppressive. Barrett stated that the current plan is better and more cohesive than the current structure on the lot, and the applicants have truly struggled to find a suitable plan. Nygard stated the only way for the Twidwells to reduce hardcover was to reduce the size of the house, reduce the driveway, or move the house back on the lot. Gaffron stated that would affect the neighbors by the domino effect. Liz Hawn stated that the Planning Commission routinely considers a tear down the same as new construction and uses first principles when considering applications. To look at what is merely better than before leaves them open to approving undesirable construction. • 4 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 • PARK COMMISSION COMMENTS DEBORAH HAL VORSON, REPRESENTATIVE — Continued The Planning Commission found hardships in the fact that they prefer cars to exit the driveway facing the street, and the lakeshore setback and age and size of the trees were also factors. Mike Sherridan stated that in the City's variance application packet, it listed trees as something that could constitute a variance. He stated they tried to design a responsibly sized structure, placed the footprint around the existing trees, and used the existing drive. Tom Palm of 1685 Concordia Street stated that he supported the current plan because it held up the aesthetics of the neighborhood and would not negatively impact the neighbors. Nygard moved, and White seconded, to approve the requested variances, allowing for greater than 25% hardcover in the 75 – 250' setback zone at an amount to be determined after the driveway is reduced in width from 18' to 14' along the south side where the maple trees sit with the understanding that the trees and their root systems will not be disturbed, also with the understanding that the house will be constructed in a normal position that does not restrict views, and instructing staff to draft a resolution that reflects Council discussion. • Vote: Ayes 5, Nays 0. *7. #02 -2761 Addison and Cindy Piper, 1125 Spring Hill Road — Conditional Use Permit and Variance — Resolution No. 4785 Flint moved, and Sansevere seconded, to adopt Resolution No. 4785 granting variances to Municipal Code Sections 10.03, Subdivision 12 to permit the pool house to be located 9.3' from the principal structure where 10' is required; Section 10.22, Subdivision 1(B) to permit construction of a screen porch which encroaches 15' into the average lakeshore setback; a conditional use permit to allow the guest house per Section 10.20, Subdivision 3(G); and a conditional use permit to allow plumbing in the accessory building (pool house) per Section 10.20, Subdivision 3(Q). Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Nygard stated that he felt the City subsidizes alarm companies by allowing people with alarms free responses to false alarms. It costs the City in wear and tear on vehicles, time and man power. Sansevere stated the cost is passed on to the homeowner, who is the taxpayer. He also stated they only get one free, then there is a charge for false alarms. Nygard stated that people who don't own alarms shouldn't have to pay for those who do. He stated false alarms are a problem for both the police and fire departments. Sansevere 5 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 MAYOR/COUNCIL REPORT — Continued stated he appreciates the service of receiving one free false alarm. Nygard stated the Mound Fire Chief told him it was a problem for them. White suggested the Fire Chief document the problem and send them a memo detailing the cause and possible solutions to the problem of false alarms. White stated that he had found a development company that was interested in the Washington Scientific property that would build an industrial office /warehouse project that would be tasteful and fill up with tenants quickly. PUBLIC SERVICE DIRECTOR'S REPORT *8. Annual Agreement for Park Mowing Service Flint moved, and Sansevere seconded, to accept the quotation from Shaughnessy Lawn Service, Orono, Minnesota for the 2002 season park mowing services in the amount of $14,600. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT 9. Planning Commission Reappointments Moorse stated that Jeanne Mabusth is interested in another term, but that Dan Kluth was not because of conflicting commitments. He asked how Council would like to handle the vacancy created by Kluth leaving the Commission. Sansevere stated that Cynthia Bremer should be asked to move from an alternate position to a full one, filling Kluth's position, and then Kluth could replace her as an alternate. White and Mayor Peterson stated they agreed with that plan. Nygard suggested they follow the established process of advertising for new interested people from the community. Moorse stated they could advertise for a new alternate in addition to Kluth. Mayor Peterson moved, and White seconded, to reappoint Jeanne Mabusth to the Planning Commission, and to appoint Cynthia Bremer as Dan Kluth's replacement on the Planning Commission, and to appoint Dan Kluth as Cynthia Bremer's replacement as an alternate, and to advertise in the community for new alternates. Vote: Ayes 5, Nays 0. n 0 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 • 10. Lake Minnetonka Communications Commission Appointment Nygard stated he favored appointing Bob Albertson. White stated he was concerned by comments that Mr. Albertson might not have accurately represented himself. Sansevere stated that he read Mr. Albertson's news clippings and they were from reputable sources. Also, Mr. Albertson is enthusiastic and would look out for the City's interests. Flint stated he supported Mr. Albertson. Nygard moved, and Sansevere seconded, to appoint Bob Albertson to fill the vacant seat on the Lake Minnetonka Communications Commission for a three -year term expiring on March 31, 2005. Vote: Ayes 4, Nays 1 (White). *11. Pay Requests —Long Lake Fire Station Flint moved, and Sansevere seconded, to approve requests for payment in the amount of $19.90 to the Laker Pioneer, $14,727.42 to BKV, and $2,157.75 to SEH (payment of the SEH invoice to be funded 50% from the Joint Fire Station Fund and 50% from the Orono General Fund), and to amend the General Fund budget to reflect the SEH expenditure. Vote: Ayes 5, Nays 0. 0 12. Park Commission Projects and Funding 0 Moorse stated that several Park Commission projects were recently discussed, as well as the need to provide a higher level of funding. The three main projects discussed were the Hackberry Park play equipment replacement, layout of a potential satellite fire station and ice rink on the Larson/Sohns property, and a survey of the property corners of one -third of the City's lake access lanes. Moorse stated that the Community Investment Fund was one possible source for the Parks projects. The fund is to be an endowment -type fund with the principal amount preserved and increased, and 90% of the interest earned to be available for priority projects that do not have alternative funding sources. Moorse stated that the Council had so far used the fund as the source of loans to be repaid with interest. The combined interest earned on the fund balance and on the outstanding loans is approximately $130,000, but the interest is committed to the payment of the debt service on the city facilities HRA bonds through 2007. At that time, there would be a substantial amount of interest earnings available for special projects, including park projects. Staff recommended that the Council take a conservative approach to the use of the Community Investment Fund. Flint stated he felt the submitted Parks projects were worthy, and he felt it was important to note that it would be a loan that will be repaid. F ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 12. Park Commission Projects and Funding — Continued Moorse asked if the City will bring enough money from park dedication fees to pay back the principle. Flint stated that while they do need to find an alternative fund in the long term, they also needed to not waive the park dedication fees on projects. Moorse stated that the number of subdivisions is getting minimal. Sansevere asked if he had another idea for a funding source. Moorse stated the Community Investment Fund was the only source currently available. He also suggested looking for projects that would meet grant criteria. Sansevere asked if any of the Hackberry equipment was unsafe. Gappa replied it was all safe, but not up to code. White stated that Navarre Park is being used since the renovations like it never had been before. He-felt upgrading the parks was a way to build community and felt the Parks Commission had a compelling case. Sansevere stated he was impressed by the Parks Commission's unity and show of support before the Council, as every member was in attendance. Flint moved, and White seconded, to authorize a loan up to $75,000 from the • Community Investment Fund to improve Hackberry Park and to be repaid over 5 years at 5.5% interest. Vote: Ayes 5, Nays 0. 13. Scheduling Work Session Sansevere moved, and Mayor Peterson seconded, to hold a work session on April 22, 2002 with the Mound Fire Chief and City Manager. Vote: Ayes 5, Nays 0. 14. Fleet Addition — Police Department Nygard asked if the car would be painted black and white. Mayor Peterson stated it would not as it was intended for undercover use. Mayor Peterson moved, and Sansevere seconded, to authorize the use of the forfeited vehicle by the police department for police investigative purposes. Vote: Ayes 5, Nays 0. • ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 • 15. Fire Service Agreement with Long Lake Moorse stated that when they did the Settlement Agreement and Contract for Joint Ownership related to the joint fire station project with Long Lake over the next 20 years, they set out a number terms for the relationship in the Settlement Agreement. He stated he had provided it to the Council in order to hear any comments or concerns regarding the agreement. Flint stated that he felt the Fire Chief did not act in accordance with his responsibility to the City Councils of either Long Lake or Orono. He suggested that they include a provision that on a 4/5`h vote either city could remove the Fire Chief. White suggested hiring the Fire Chief on a contract that would include an annual review. Flint stated they need to create accountability for the Chief. Nygard suggested giving the Fire Commission authority to make recommendations to the Council and/or the City Administrator. Moorse stated that Long Lake is currently considering an ordinance that would require the Fire Chief to be responsible to the city administrator. White stated that a 4/5`h vote was a show of no confidence. Nygard stated the chief should be equally accountable to each city. Sansevere stated that the chief was elected by the fire • department's volunteer membership, and he would have concern over locking heads with the entire department. He does, however, favor holding the chief accountable to the cities. 0 Moorse stated the Long Lake City Council has to ratify the fire department's vote to elect the chief. Any action would be under Long Lake's power. Nygard stated that the fire department has to expect changes to come along with the new building and service agreement. Mayor Peterson stated that the chief's job would be changing now with the new responsibilities of the fire department. Barrett stated that they would need to propose a change in the Settlement Agreement that says the Orono City Council has some authority in the selection of the fire chief, or ask Long Lake to pass an internal ordinance regarding the fire chief. Nygard suggested they ask the Long Lake City Administrator about their take on the issue. CITY ATTORNEY'S REPORT Council went to an executive session after they adjourned. E ORONO CITY COUNCIL MEETING MONDAY, APRIL 8, 2002 *16. LICENSES None. *17. BILLS Flint moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 8:55 p.m. ATTEST: Linda S. Vee, City Clerk 10 Barbara Peterson, Mayor U 0