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HomeMy WebLinkAbout10-14-2002 Council Minutes0 ORONO CITY COUNCIL MEETING r ;r MONDAY, OCTOBER 14, 2002 ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items 5, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, and 28 were added to the Consent Agenda. Items 3 and 6 were removed from the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. • 1 a. Recognition of Mary Ann Johnson Mayor Peterson read the resolution recognizing Mary Ann Johnson's dedicated service to the City of Orono and presented her with the framed resolution. She thanked Ms. Johnson and wished her a long and happy retirement. APPROVAL OF MINUTES *2. Joint City Council, Planning Commission, and Park Commission Work Session of September 12, 2002 White moved, and Nygard seconded, to approve the Minutes of the Joint City Council, Planning Commission, and Park Commission Work Session of September 12, 2002. Vote: Ayes 5, Nays 0. 3. Regular Council Meeting of September 23, 2002 Mayor Peterson stated she had removed the item from the Consent Agenda because she had not attended the meeting. 0 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 3. Regular Council Meeting of September 23, 2002 — Continued White moved, and Murphy seconded, to approve the Minutes of the Regular Council Meeting of September 23, 2002. Vote: Ayes 4, Nays 0 (Mayor Peterson abstained). PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated that the joint meeting with the Planning Commission and City Council had been very valuable. The Parks Commission discussed the County Road 19 sidewalk along Navarre Park. One neighbor has taken over the alley that two neighbors share as a driveway by placing a large boulder in it, and those neighbors will need to be approached regarding easements. The sidewalks are in at Hackberry Park. In the spring they will do an opening ceremony after plantings are completed. McDermott stated that the City had been burning French Creek for a few years, but missed the burning season this year. They wanted to see what is needed to reestablish a natural prairie in the French Creek Preserve. There is a 3:1 matching grant available from the DNR that the Commission would like to apply for to help reestablish the French Creek 0 prairie. • There will be no December meeting. Some Parks Commission members' terms expire this year. McDermott stated some members were interested in reappointment, others were not. Sherokee Ilse has reached the term limit. McDermott suggested she be encouraged to join the Planning Commission or run for City Council. Sansevere asked if McDermott felt a term limit was a good idea. McDermott stated it is because most members move on before reaching the nine year limit, and it encourages new people to join, and for those with extensive experience to move on to the Planning Commission or City Council. Sansevere asked if the frequency of meetings should be changed. McDermott stated that in the winter they could meet every other month, but during the spring and summer, they need to meet monthly. Nyprd stated that he would not be present for the meeting on pull -tabs, but that he is fully in support of the Parks Commission getting the funding from pull -tabs. White stated that the French Creek Preserve has "no dogs" signs posted and suggested they allow dogs in the French Creek Preserve, and install bag dispensers and trashcans to • 2 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE— Continued encourage people to clean up after their dogs. McDermott stated that French Creek is about the only park where the no dogs rule is enforced because the dogs disturb nesting waterfowl. They are considering using the Larson - Sohns property as a dog park. Murphy asked if Dog Days coincides with Corn Days next year. McDermott stated they were scheduled for the same weekend, but he would see if it is possible to move the Dog Days celebration. McDermott stated that there were an excessive amount of political signs along the Larson - Sohns property. Gappa stated that the signs were not actually on public property, but on the Lake Minnetonka Homeowners Association property, and the LMHA had approved the postings. PLANNING COMMISSION COMMENTS —JAN BERG, REPRESENTATIVE None. • PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT Item 4 appears after Items 6 and 10. 6. #02 -2822 Danielle Henely, 3422 Livingston Avenue — Variances— Resolution No. 4872 Weinberger stated that there was a change in the language of the resolution to clarify item 4I on page 2 of 6. The item now reads: "Applicant has agreed to make changes to an existing illegal deck to meet a 15' setback from Shadywood Road and agrees to alter the deck so no portion of the deck is 6', or greater, in height from existing grade." Mayor Peterson asked Ms. Henely if she understood the change and was satisfied with it. Ms. Henely replied she understood and was satisfied. Sansevere moved, and Murphy seconded, to adopt Resolution No. 4782 granting a • variance to Municipal Zoning Code Section 10.03, Subdivision 9(D) and a 3 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 6. #02 -2822 Danielle Henely, 3422 Livingston Avenue—Variances—Resolution No. 4872 — Continued conditional use permit per Section 10.03 Subdivision 10 to allow an accessory building to be constructed on the subject property closer to the street than the principal structure and on a through lot; with the new language in Item 4I included in the resolution. Vote: Ayes 5, Nays 0. 10. Appeal of Administrative Decision —Fox Street Driveway Weinberger stated that the applicant was appealing the denial of a request for driveway access permit for property located at 2530 Fox Street. At the time the lot was created, in 1996, it was planned to use a shared driveway that also serves two lots to the north. The 2530 lot was required to enter into a driveway maintenance agreement with the lots to the north. The applicant was requesting direct access to Fox Street. The staff recommended denial in order to limit the number of direct driveway access points to Fox Street, according to the Comprehensive Plan stating that the number of curb cuts and access points be limited. While Fox Street is not termed arterial, it is one of only a few through streets that do 0 receive additional east -west traffic. • The letter requesting appeal stated that the driveway would have a steep incline for access. Staff found that the direct access from Fox Street would have an average elevation change of 10% to the turnaround site, where the access from the shared driveway would have an average elevation change of 5% to the turnaround, therefore the driveway from the shared access would have less elevation change than the direct street access. Staff concluded that the shared driveway would be the appropriate access to the property. Troy Prosa of Formation Architects stated that the percent grade from Fox to the turnaround is greater than the grade from the shared drive, but they were measuring from the street to the garage, where the residents will be parking. He stated that the grade from street to garage is less than the grade from the shared access to the garage. He stated that the driveway approach approved by the City would result in the loss of 7 -10 mature trees, including the oldest tree on the lot. With the approach from Fox, they would minimize tree removal. Murphy asked what their major concern was. Prosa stated that their two major concerns were preserving the trees and the grade of approach. Sansevere asked if maintenance of the shared drive was a concern. Julie Johnson stated it was not. If they were grandfathered in to the maintenance agreement it would be fine with • 4 • ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 10. Appeal ofAdministrative Decision —Fox Street Driveway — Continued her. She mostly wanted to protect the trees on the property. Prosa stated with their proposed driveway they would only need to cut 2 -3 trees. Murphy asked if they could move the drive to the north in order to keep the trees. Prosa stated they would then lose the circular drive. White suggested rotating the house to give the garage a different orientation. Prosa stated they designed the house for the view and want to keep the back windows in the current orientation. Sansevere asked if they were concerned with the looks of the house as people approach the property from the street. Prosa stated they were naturally concerned with the aesthetics of the house itself. Murphy suggested they could find a solution to minimize the loss of trees, such as curving the driveway to the north or south. He stated he was not in favor of adding a driveway to Fox Street. Weinberger stated the lot could accommodate a driveway nearly anywhere, but because of the location they chose for the house, the options were narrowed. • Sansevere suggested tabling the item so that the applicant could consider other options. John Boyer, the builder, stated that they were going to move the driveway further north, as Murphy suggested, but found it would not work because of the inclines and necessary turns in the drive to reach the garage. Because of the old white pine on the lot, the drive would only work where they had it located. He also stated that an entrance off Fox Street would be the best option aesthetically. Weinberger stated that the assumption was that the building location would be further to the north when the plan for the shared driveway was originally made. Mayor Peterson asked if the applicant would consider turning or moving the house. Johnson replied it was a walk -out design and they considered many factors when choosing the site for the house. Sansevere asked Weinberger how strongly staff opposed access from Fox Street. Weinberger replied they did not strongly oppose access from Fox Street, but that the issue concerned the intent of the resolution from 1996. Nygard stated that Fox Street is arterial, based on the amount of traffic it receives. Weinberger stated there is a gravel drive on the other side of the property, but it is • privately owned and the owners will not allow access to it. 5 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 10. Appeal of Administrative Decision —Fox Street Driveway— Continued Moorse§tated they needed a grading plan to see how the trees would actually be affected by the driveway installation. Boyer stated they were anxious to begin construction on the house. Barrett stated that the Council could table the application and the applicant would have to revise the plat. They could still begin construction, but not on the driveway. Nygard suggested they change the house's design to accommodate the grade, put a drive off the shared access, and save the trees. Johnson stated that they had received verbal approval for the plan. Prosa stated the plans were approved until they went for the building permit. Nygard stated they might not be able to save the trees anyway. Weinberger and Gaffron stated they had a grading plan, but it was insufficient and they needed more detail. White stated construction on the house could be started, but the curb cut was tabled. Murphy stated that construction access would be allowed through the shared access drive only. Murphy moved, and Sansevere seconded, to table Item 10, Appeal of Administrative Decision —Fox Street Driveway. Vote: Ayes 5, Nays 0. 4. #02 -2764 Commercial Planned Unit Development Weinberger stated that the City considered a CPUD district following a request for a proposed office development on a vacant property in Navarre. The multi -unit office complex would create individual office buildings, each held in private ownership. Such a development is currently not possible in the B -4 district based on the minimum lot size and width standards. The CPUD would create a district for the proposed development, and would create a district that would allow other development options in the commercial areas of the City where strict compliance to the underlying zoning ordinance is not practical. Weinberger stated that the CPUD would not affect the B -2 district, as B -2 is lakefront property that has been reserved for marina use. The benefits of the CPUD are that it would allow approval of each site plan with individual performance standards written into the final development document. If the project were not completed, then the property • 3 0 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 4. #02 -2764 Commercial Planned Unit Development — Continued would revert to the pre- existing zoning district or be changed to match the guided use of the property as defined in the Comprehensive Plan. The proposed project is conceptually a good plan, and may change some, but makes sense overall as a transition from the residential to commercial areas around the site owned by the applicant. The site is currently zoned B -4 for 9 -5 office use. Weinberger stated that the CPUD would have to be written to benefit all possible uses, not to allow one applicant to finish a project. The current draft did not allow for uses such as apartments above shops, which could be an attractive option if Navarre redeveloped. Staff suggested doing a study to consider an amendment to the Comp Plan, which would allow mixed use of buildings. Weinberger noted that one benefit of the CPUD would be in determining setbacks for new developments based on current development patterns of surrounding properties, and the general use associated with the CPUD. That flexibility could be beneficial in Navarre where there is variation in front yard setbacks within a given street. Weinberger stated that there is a 4 -step process: • 1. Concept Plan Review — Planning Commission and City Council would review the proposal. 2. Master Development Plan and Rezoning— includes all building and site plans, public hearing, and Preliminary Plat review. 3. Development Agreement/Financial Guarantee— applicant enters into an agreement with the City relating to the terms of the CPUD, and provides financial guarantee. 4. Final Site and Building Plan— approval of final site and building plan for the entire CPUD. Weinberger stated there were 3 options for the Council: 1. Proceed with a visioning process for the Navarre Commercial area and place discussion of the CPUD district on -hold until the visioning process is complete. 2. Direct Staff to draft a final ordinance for adoption without the visioning process. 3. Do nothing and allow development that is consistent with the current zoning district standards. Mr. Dunsmore, the developer with office building plans for the lots at 2525, 2535, and 2545 Shadywood Road, stated that he has done 102 similar developments around the metro. He owns the properties he plans to develop. He only plans to develop 1/3 of the lots, as the other 2/3 is wetland. He stated that he would be selling small office spaces to businesses such as dentists and insurance agents. He requested direction from the • Council. Mr. Dunsmore stated he would work with the City on hardcover issues. 7 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 4. #02 -2764 Commercial Planned Unit Development — Continued Mayor Peterson asked what would happen if they approved the CPUD for zone B -4 only. Weinberger suggested they only give direction to Mr. Dunsmore, and not approve the CPUD. He recommended the visioning process, which would give Council a chance to approve applications on a case -by -case basis and allow them to consider mixed use developments. Murphy stated that he was in favor of the visioning process and seeking input from the Navarre business owners. White stated that the process would also give them a chance to consider housing issues in Navarre, to talk about historic properties, and the new trail issue. Mayor Peterson suggested they schedule a work session to begin the visioning process. Moorse stated that they were not sure how long the visioning process would take, and asked Council if they were comfortable with approving the CPUD for only the B -4 district. 0 Murphy asked what would happen if they approved the CPUD and then regretted the decision. Barrett stated that the CPUD would allow Council discretion over each individual application. • Moorse stated that if the Council didn't feel the CPUD was right for the B -4 zone, that they should wait to decide until after the visioning process was completed. Gaffron stated that any consultant hired to help with the visioning process would have to be carefully directed in terms of the City's goals and concerns. He stated that the CPUD districts would provide a transition area, but would not fix issues with already developed lots. Sansevere stated that Navarre has been developed on a case -by -case basis without much uniformity throughout. Gaffron stated that if the visioning had been done in years past, the area may be more consistently developed with more unity from area to area. Mayor Peterson stated that the setback for Snyder Drugs was wrong and she wouldn't want that to occur again. Moorse stated that some buildings are on the sidewalk, others are setback from the sidewalks. Murphy stated that they should devote a lengthy work session to the issue. Mayor Peterson suggested bringing in the business owners and residents for the visioning process. Murphy moved, and Sansevere seconded, to pursue a visioning process before assigning the CPUD to any zoning districts. Mr. Dunsmore stated that he would like to start construction in the spring, in about six- • ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 4. #02 -2764 Commercial Planned Unit Development — Continued months- Gaffron stated that they would like to receive a grant from Met Council to support the process, but couldn't start the visioning process until 2003. He expected the study to take about six - months. Murphy stated they should hold the work session as soon as possible. Gaffron stated that Dunsmore could not pursue his project as planned without the CPUD in place. Mr. Dunsmore stated that he has ideas for developing the property that he would like to present to the Council as part of the visioning process. Mayor Peterson asked what was needed from Council. Gaffron stated that they had received adequate direction from Council to take the next steps. They would prepare material for a work session, and bring a time frame, goals, and how the City's objectives mesh with the proposed project to Council. No motion was needed. *5. #02 -2813 Mark Welch, 3625 North Shore Drive — Variances— Resolution No. 4871 • White moved, and Nygard seconded, to adopt Resolution No. 4871 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2, Section 10.55, Subdivision 8, and Section 10.56, Subdivisions 16(L) 1 & 2 to permit 680 s.f. (18.1 %) hardcover in the 0 -75' lakeshore setback where 660 s.f. (17.6 %) exists and no hardcover is allowed (hardcover does not include the shared driveway); Section 10.25, Subdivision 6(B) to permit new construction on the lot with a defined lot area of 5,462 s.f. where 21,780 s.f. is required and lot width of 50' where 100' is required, and to permit a side yard setback of 5' for the house where a 10' setback is required; Section 10.61, Subdivision 5(A) to permit one off - street parking space to be located 3' from the adjacent property line where off - street parking in "R" districts is required to be set back 10'. Vote: Ayes 5, Nays 0. Item 6 appears before Item 4. *7. #02 -2827 Sven Gustafson, 4515 North Shore Drive — Variances— Resolution No. 4873 White moved, and Nygard seconded, to adopt Resolution No. 4873 granting a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit new residential construction on a .54 acre lot where 1 acre is required and on a lot that is • 55' wide where 140' is required in the LR -1B district. 2 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 *7. #02 -2827 Sven Gustafson, 4515 North Shore Drive — Variances — Resolution No. • 4873 — Continued Vote: Ayes 5, Nays 0. *8. #02 -2828 Tony Lund, 4525 North Shore Drive — Variances— Resolution No. 4874 White moved, and Nygard seconded, to adopt Resolution No. 4874 granting a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit new residential construction on a .62 acre lot where 1 acre is required and on a lot that is 65' wide where 140' is required in the LR -1B district. Vote: Ayes 5, Nays 0. *9. #02 -2845 Jeff Martineau, 2920 Fox Street —Final Plat— Resolution No. 4875 White moved, and Nygard seconded, to adopt Resolution No. 4875 granting final plat approval for a two -lot subdivision of property located at 2920 Fox Street and owned by Jeff Martineau. Vote: Ayes 5, Nays 0. Item 10 appears before Item 4. • MAYOR/COUNCIL REPORT Murphy stated he would not be able to attend the Council meeting on the 28th Nygard stated he would like the pull -tab issue to be presented at a meeting he can attend. Mayor Peterson stated that the City should extend its condolences to Former Mayor Callahan regarding the passing of his wife Carole. She stated that Mr. Dunbar had sent letters inviting the Council to tour the senior housing facility. The Interfaith Outreach homeless event will be held on Saturday, November 16th, and Mayor Peterson will be attending. She stated they had received a letter complaining that the shooting range at the Wayzata Country Club was creating disturbances on the weekends, causing noise pollution, environmental pollution, and undue stress to neighbors. The letter suggested either limiting the hours or the number of days the shooting range is open. Gaffron stated that the shooting range is on the Wayzata portion of Club property and therefore outside of their jurisdiction. White asked how the City should deal with existing houses that are run down and not well maintained. Is 10 n U ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 PUBLIC SERVICE DIRECTOR'S REPORT *11. Request for Final Payment —TH12 Safety Improvements Project White moved, and Nygard seconded, to approve the Request for Final Payment to MN/DoT for the TH12 safety improvements project in the amount $32,451.38 to be funded from the Municipal State Aid Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. *12. Livingston Avenue Drainage Project White moved, and Nygard seconded, to accept quotation in the amount of $4,627.00 from Norling's Lake Minnetonka Landscaping, Spring Park, Minnesota, for completion of the drainage project at 3572 Livingston Avenue, to be funded from the Stormwater Utility Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. 13. Crystal Bay Road Drainage Project Gappa stated that houses at the west end of Old Crystal Bay Road are being damaged by • water. The existing metal pipe culvert under the railroad tracks releases stormwater flow over land through three properties located north of the railroad tracks, then flows through a culvert under Crystal Bay Road and into Crystal Bay. There is significant erosion at the pipe outlet. The downstream properties are flat and the houses were built at a low elevation with poor drainage. The houses are receiving water damage to the foundations, crawl spaces, and garages during heavy rains. The problems became worse after 1995 when changes to the Shadywood Road railroad crossing and culvert and ditch cleaning activities were completed. A project to solve the matter was considered in 1996, but abandoned because of funding issues. Drainage assessment projects are always difficult to accomplish because the upstream property owners have no incentive to be assessed for the project costs. The property owners have contacted the City several times over the last few years, but no progress was made in solving the problem because of funding issues. The.City now has a Stormwater Utility funding mechanism in place to provide money for completion of storm water management projects. Gappa stated that using stormwater utility funds to complete the project would be appropriate because an assessment is not realistic given that the upstream properties have no incentive to support an assessment project. Gappa stated that options included doing nothing, which would result in continued erosion, flooding of yards, possible property damage, and would not provide any 11 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 13. Crystal Bay Road Drainage Project — Continued stormwater treatment to improve the quality of the stormwater effluent discharge into Crystal Bay. A plan was prepared for the low -cost option of installing a pipe across the back yard of the 3447 Crystal Bay Road property and a drainage swale on the west edge of the property located at 3435 Crystal Bay Road. The new swale would connect to an existing swale, which would then drain into an in place culvert under Crystal Bay Road. They requested quotations for the work from several landscaping companies. That option would reduce the erosion and flooding problems on the properties in question and the property owners were in support of the project. That option, however, does not improve water quality, but could be seen as an interim project. Another option was to construct a stormwater pond for water quality improvements, which would require the acquisition of a property. The most logical location for stormwater ponding is on the western side of the area, in the vicinity of 3435, 3445, and 3447 Crystal Bay Road. Lot 3445 is currently vacant and could be purchased to install a pond. Stormwater ponding anywhere close to Lake Minnetonka would be expensive and difficult. If there were interest in purchasing the property, the City would have to have an appraiser complete a valuation study for the property at 3445 Crystal Bay Road. • Murphy asked if the lot was big enough to hold a pond. Gappa stated it was not what they • chose, but it is available. Murphy asked if the pond would be big enough to fix the problems for the entire neighborhood. White asked what the culvert change was that caused the problem in 1996. A neighbor stated that prior to 1996 it was dry. Work on the railroad track caused water to begin flowing down the hill. The City then dug out a trench to direct water to the culvert, but that resulted in water coming from both the culvert and down the hill. White suggested putting a fiber filter into a pipe to improve water quality that would be changed every year. Gappa stated that the area of concern was much too large to be affected by a filter. Mayor Peterson asked if the pipe and swale solution was a temporary fix. Gappa stated that the low -cost pipe and swale plan would get water past the houses, solving that issue, but not improve water quality. White asked if the pipe would affect landowners' ability to build on their lots. Gappa stated they would have to work around the pipe, but it should not be a major issue. Mayor Peterson moved, and Murphy seconded, to accept the quotation from Norling's Lake Minnetonka Landscaping in the amount of $13,418.12 for completion 0 12 9 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 13. Crystal Bay Road Drainage Project — Continued of the drainage project at 3435 Crystal Bay Road, to be funded from the Stormwater Utility Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. *14. City Hall Drainage and Landscaping Project White moved, and Nygard seconded, to accept the quotation in the amount of $9,396.00 from Norling's Lake Minnetonka Landscaping, Spring Park, Minnesota, for completion of the City Hall Drainage and landscape improvements project to be funded from the General Fund, Central Services, Repairs and Maintenance of Buildings and Grounds Budget Line Item (Number 101 - 41900 -404) with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *15. Pay Requests —Long Lake Fire Station • White moved, and Nygard seconded, to approve the requests for payment as follows: BKV Group in the amount of $4,741.28, Office Products Company in the amount of $1,003.75, Northern Tool and Equipment in the amount of $585.74, and Diversified Security in the amount of $6,351.10; to be funded from the Joint Fire Account. Vote: Ayes 5, Nays 0. *16. Long Lake Fire Station Furniture Proposal White moved, and Nygard seconded, to approve the proposal from General Office Products for furniture for the fire station in the amount of $51,513.00. *17. Application and Certificate for Payment No. 6 —Long Lake Fire Station White moved, and Nygard seconded, to approve Application and Certificate for Payment No. 6 from Rochon Corporation in the amount of $275,157.50, to be funded from the Joint Fire Fund. Vote: Ayes 5, Nays 0. *18. Highway 12 Right -of -Way Reconveyance and Pond Cost Allocation No action required. 13 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 *19. Selling of Forfeited Vehicles and Equipment White nioved, and Nygard seconded, to grant the Police Department permission to offer for sale the below described surplus items: 1987 Plymouth, 1993 Harley Davidson, Roadster, a rollup cover for a 2001 Ford Pickup, and old CSO vehicle squad 184. Vote: Ayes 5, Nays 0. *20. Appointment of Additional Election Judges for the November 5, 2002 General Election — Resolution No. 4876 White moved, and Nygard seconded, to adopt Resolution No. 4876 appointing additional election judges for the general election to be held November 5, 2002: John Brooks Melvin McKee Laureen Darling Daniel Parten Grant Garlinghouse Dixie Rinehart Bruce Kelley Sally Valiton Ann Hommeyer Janette Weaver Charles Hommeyer Marge Weft Susan Jellison Richard Wett Nancy Krause Wes Wolverton Vote: Ayes 5, Nays 0. *21. Establish Absentee Ballot Board — Resolution No. 4877 White moved, and Nygard seconded, to adopt Resolution No. 4877 establishing an absentee ballot board for the 2002 General Election to be held November 5, 2002. Vote: Ayes 5, Nays 0. 22. Establish Date and Time for Canvassing Board Meeting Council set the meeting for November 6, 2002 at 8:00 a.m. *23. Teens Alone Request for Funding Continuation White moved, and Nygard seconded, to approve annual funding in the amount of $800.00 to Teens Alone. Vote: Ayes 5, Nays 0. • 14 • ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 24. Resignation of Mary Ann Johnson — Resolution No. 4878 Mayor .Peterson moved, and Murphy seconded, to accept the resignation of Mary Ann Johnson from her position as the City's part -time Customer Service Assistant, effective October 10, 2002; and to adopt Resolution No. 4878 in appreciation to Mary Ann Johnson for dedicated service to the City of Orono. Vote: Ayes 5, Nays 0. *25. Appointment of Part -Time Customer Service Assistant White moved, and Nygard seconded, to appoint Marilyn Zimmerman to the position of part -time Customer Service Assistant at the pay rate of $12.54 per hour, which is Step 1 of Level 2 of the Administrative Support/Technical/Public Works Employee Pay Schedule, effective October 28, 2002. Roger Thomas Olson approached Council Roger Olson requested Council consider his offer to buy back the Ford F150 pickup truck that was acquired by the City through a forfeiture process, and was recently outfitted for use by the Police Department. He stated that his attorneys say it is not worth it to appeal the court's decision. He stated that the seizure has cost him $28,000 and is excessive. • Barrett stated he would like to look into the matter and present comments at the next meeting. He stated that as he understood it, the process was completed and there was no avenue for appeal at this time. Once the legal process was complete, the City owned the vehicle and had no legal right to reverse the process. If the City were to sell the vehicle, it would have to be done by sealed auction. Olson stated that his original offer to buy back the truck was for $5,000.00. Judge Larson did not deem the seizure excessive, but while the blue book value of the truck is $19,000, he considers the loss of the truck to equal $28,000 (including the cost of his appeals). Barrett stated again that he would like to look into the matter for the next meeting Moorse stated that the truck had already been outfitted as a police vehicle. White stated that laws concerning the sale of City property were very strict and it would have to be sold at fair market value. Olson stated that his original plea was "not guilty" as he was not driving the truck when stopped by the police. He stated that the police seized the car in February, 2002 and have been driving it ever since, and that it never went to an impound lot, but came straight to the City's lot. He stated that it had been his second DUI. • Moorse stated that the seized car was stored in the Public Works lot and was not outfitted 15 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 Roger Thomas Olson approached Council — Continued or driveD by the police until it legally came into the City's possession. The Police insurance records would reflect when they began driving the vehicle. 26. Scheduling of Work Sessions Council requested that Moorse email them dates for the work sessions. 27. Options for Managing Traffic During the Highway 12 Project Moorse stated that during the Highway 12 project, the number of north/south roads linking central Orono to current Highway 12 will be reduced by half, increasing congestion to the open roads. One solution was to add left turn arrows to the traffic signals at Willow Drive and Old Crystal Bay Road. Another solution to traffic issues is to add a round -about at the intersection of Orono Orchard Road and County Road 15. The circular intersection would eliminate traffic crossing at right angles. Staff would like to further pursue the round -about concept with the City's Consultant Engineer and Hennepin County. r1 LJ Murphy suggested staff find a model or computer simulation to show Council how the round -about would function. • Sansevere moved, and White seconded, to authorize staff to pursue the left turn arrow additions to the traffic signals at the Willow Drive and Old Crystal Bay Road intersections, and to pursue the round -about concept. Vote: Ayes 5, Nays 0. *28. Replacement of Police Department Copier White moved, and Nygard seconded, to approve purchase of one Savin copy machine from Ikon Office Solutions for $8,400.00, with a maintenance agreement cost of approximately $102.40 per month; and to dispose of the current copy machine through donation to the Orono Community Education program known as Fifty/Fifty. Vote: Ayes 5, Nays 0. 29. Options Regarding Making Units in the Dahlstrom Housing Development More Affordable Moorse stated that Dahlstrom Development has agreed to reduce the cost of either two townhouses and two condos, or three townhouses to $199,000.00, but would require participation of the City in the form of waiving development fees in the amount of $10,150.00 per unit. If the City contributes by waiving fees, the developer would then do • 16 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 • 29. Options Regarding Making Units in the Dahlstrom Housing Development More Affordable— Continued whatever was needed to reduce the cost of the assigned units to $199,000.00. Richard Prover of 65 Stubbs Bay stated that the price of $199,000.00 was still disappointing, but a movement in the right direction. Sansevere stated he would not support the City subsidizing less expensive housing. Moorse stated that once the units came available at $199,000.00 they would come down further in cost by becoming eligible for other funding sources. White stated that because the development had no family housing, and was designed for singles and couples, it was not the right project to provide Orono with low- income housing. Murphy stated he would like to learn more about subsidized housing. He felt the few units offered in the Dahlstrom development were a token effort and more significant efforts should be made later, with a different development. Prover asked why the City would not want to subsidize housing. He stated that Orono is running out of land and the City should require the developers to make more units available at affordable rates. He stated that the developer should quadruple the amount of units to be made affordable. Sansevere stated that the issue was whether the City should subsidize affordable housing in that development. Prover stated that the City should because it was a pittance given the other sources of public funding available, and that Orono should have a mix of housing available. Murphy stated there is a mix of housing options available in Orono. He added that four affordable units in the Dahlstrom development would not make a significant impact, but the City could consider a development that is geared toward affordable family housing. Sansevere stated that the Dahlstrom project was almost complete when the concerned neighbors brought the affordable housing issue to Council's attention. He stated that in regard to future projects, he would be receptive to exploring the affordable housing issue now that he is aware of the problem and options available. Murphy suggested that Mr. Prover continue to push for affordable housing in Orono, but stated that the Dahlstrom development was not the right project for it. • Mayor Peterson, Murphy, and Sansevere all agreed they did not approve of the City 17 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 29. Options Regarding Making Units in the Dahlstrom Housing Development More Affordable — Continued subsidizing housing. Sansevere stated he was in favor of Dahlstrom creating units available at $199,000.00, but not at the City's expense. White stated that the senior housing that was recently built was subsidized to help make it affordable, and that the City was now deciding not to subsidize housing for other populations of residents. Sansevere stated he wanted to see affordable family housing, and the current development doesn't expect any families in the units. Prover stated that the Dahlstrom development was the one under discussion, and regardless of what projects could come up in the future and which populations they would serve, he wanted to see affordable housing in the current development. Murphy stated that the value of the current discussion was to get the City thinking about affordable housing. He suggested that if the Council was going to require an affordable housing effort, they should insist that Dahlstrom convert one of the townhouse sections, or all of the condos, into all affordable housing. Council agreed. Mayor Peterson indicated it was the consensus of the Council to direct Moorse to request that Dahlstrom pursue the option of converting all of the condos, or an entire section of townhomes, into affordable housing units. Fire Station Update Moorse stated that he had received a call from the Mound Fire Chief regarding applicants to their fire department. The Chief had wondered if he should hire an applicant from Orono, when it is possible that Mound will not be serving Orono any more. Moorse also stated another meeting is scheduled with Maple Plain to work out a two -year bridge agreement. CITY ATTORNEY'S REPORT None. *30. LICENSES None. M • 0 • ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2002 *31. BILLS White moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 10:35 p.m. ATTEST: Linda S. Vee, City Clerk 19 &M� -- J Barbara Peterson, Mayor