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HomeMy WebLinkAbout02-10-2003 Council MinutesA ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 • 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, City Planner Wendy Bottenberg, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:00 p.m. OATH OF OFFICE Moorse administered the Oath of Office to Mayor Peterson, Jim Murphy, and Bob Sansevere. CONSENT AGENDA 1. Approve /Amend • Items 2, 10, 11, 13, 14, 15, 16, 17, 18, 19, and 20 were added to the Consent Agenda. Item 9 was removed from the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Amend Minutes of the Regular Council meeting of January 13, 2003 Murphy moved, and Sansevere seconded, to approve the amended Minutes of the Regular Council Meeting of January 13, 2003, removing the second sentence of paragraph 10 on page 9, regarding Stephany Grand because it has been determined to be a false statement. Vote: Ayes 5, Nays 0. *3. Regular Council Meeting of January 27, 2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of January 27, 2003. • Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 APPEAL • 4. Reconsideration of Appeal of Narrows Saloon Liquor Violation Penalty Fee Moorse stated that Mr. Anderst's attorney had sent a letter stating that he was withdrawing his appeal and would not attend the Council meeting. Sergeant Kurt Erickson stated that for the last two years the police have been checking alcohol compliance with someone who obviously appears to be under 21. Previously, O'Sullivan's had raised concerns about this person because he is a part-time Community Service Officer who was recognized by one of the clients at O'Sullivan's. However, the person who performed the compliance check at the Narrows Saloon, Joe Lee, does not live in the area and is seldom in the area. Lee checked a number of businesses on July 26, 2002. He entered the Narrows Saloon by the back entrance and sat at the bar rail near the pool table. He ordered a beer, then watched the waitress pour the tap herself. He paid her $3 for the beer, then used a cell phone to call an officer sitting outside. The officer came in, and Lee told him who had served him the beer. The officer ticketed the server and told her she would be criminally charged, and that they would notify Anderst of the violation. In court, the waitress pled guilty, apologized, and never mentioned feeling entrapped or recognizing Joe Lee. Those issues were not raised until 5 -6 months after - the -fact by Mr. • Anderst. Murphy stated that Anderst failed to pay his fine until his license came up for renewal and he was forced to. Anderst wrongly accused a woman of passing bad checks. When Murphy stated at the January 13t meeting that he wanted Anderst to support the City's efforts to prevent underage drinking, he did not offer his support. Murphy stated that all of those incidents were troubling to him. He stated Council had learned a good lesson and he hoped that the business with Anderst and the fees was now finished. Sansevere echoed Murphy's sentiment. Sergeant Erickson stated that the police offer training to all bar and liquor store employees and encourage them to enforce a policy of carding anyone who appears under 30. Nygard stated they never should have allowed the appeal hearing to go forward when Mr. Anderst arrived late to the last meeting. Nygard moved, and Mayor Peterson seconded, to enforce the fine of $500 for a first offense violation based on the letter from Anderst's attorney withdrawing his appeal and the evidence presented by Sergeant Erickson. Vote: Ayes 5, Nays 0. U 2 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 • PARK COMMISSION COMMENTS None. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT *5. #02 -2753 Wesley Byrne, 2817 Casco Point Road — Reaffirm Plan Approval — Resolution No. 4924 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4924 reaffirming • the original approval to allow construction per the approved site plan. Vote: Ayes 5, Nays 0. *6. #02 -2854 Kevin Manley, 1973 Fagerness Point Road — Variances /Conditional Use Permit— Resolution No. 4925 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4925 granting a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(T) and 16(L) to permit the construction of boulder retaining walls constituting hardcover in the 0 -75' zone where no harcover is normally allowed, and to permit grading and land alterations within the 0 -75' lakeshore protected area where such work is normally prohibited per the submitted plan Option 1 revised to incorporate downspouts and gutters, and further grants a Conditional Use Permit for land alterations within the 0 -75' lakeshore protected zones and within 5' of a lot line per the approved grading plan and site plan. Vote: Ayes 5, Nays 0. *7. #02 -2861 Erik Thompson, 1940 Concordia Street — Variances — Resolution No. 4926 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4926 granting a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow • construction of a second story to the existing house to be 14' from the front lot line 3 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 *7. #02 -2861 Erik Thompson, 1940 Concordia Street — Variances Resolution No. 4926 — Continued where 30' is required in the LR -1C zooning district and to permit 2,840 s.f. (17.9 %) of structural lot coverage where 2,371 s.f. (15 %) is allowed. Vote: Ayes 5, Nays 0. *8. #02 -2862 Steven Gronwall,1586 Long Lake Boulevard — Variances — Resolution No. 4927 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4927 a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to allow construction of a new attached garage with a second story to the existing house to be 4.5' from the rear lot line where 50' is required, 14' from the side yard adjacent street lot line where 50' is required in the LR -1A zoning district and to allow 2,313 s.f. (35.34 %) hardcover in the 250 -500' setback zone where 1,963.5 s.f. (30 %) is allowed. Vote: Ayes 5, Nays 0. 9. #02 -2863 Richard Kail, 3753 Casco Avenue — Variances U White stated he removed it from the Consent Agenda because he wondered if the house could be moved further south to reduce structural coverage. • Bottenberg stated that it could not. Structural coverage is a total site figure, so he'd be over the allowed coverage no matter where the house is positioned on the lot. White stated that the lot was the worst one on Casco Point. He stated there are City - owned lots adjacent to the Kail's that are used for dumping garbage. White suggested allowing the Kail's to buy one of the lots and clean it up, increasing their lot size to allow a larger structure on the site. He also stated that the alley next to the lot would never be used as a road, but the Kail's couldn't count it in their lot size, giving them a disadvantage. Kail stated that he could not reduce the size of his house without totally redesigning it. The alley is his only hardship. Mayor Peterson stated that he has a substandard lot with a larger house. Kail responded that his house is 1,999 s.f. without the garage. The garage brings the house to 2,856 s.f. Murphy stated that the best solution would be to sell him the adjacent lot to the south. Bottenberg stated that the Planning Commission discussed the alley, and decided that the City would not be likely to vacate it. Barrett added that Kail therefore requires a variance. • M ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 • 9. #02 -2863 Richard Kail, 3753 Casco Avenue — Variances — Continued White stated that the lot slopes with a steep drop -off, and therefore the house can't shift around at all. Kail stated that he paid $98,000 in cash for the lot and on his current budget will need to build the house himself. Sansevere asked if Kail knew the variance would be denied and was okay with that, since the item had been put on the Consent Agenda. Bottenberg stated that he did. She suggested he redesign the house to get it under 15% lot coverage and remove the need for a variance. Kail brought her a design without the porch roof, but the hardcover remained at 17.7% Sansevere asked Bottenberg if she could find a hardship for the applicant. She stated she could not, and neither could the Planning Commission. They want to be consistent in requiring new construction to be under 15% lot coverage. White stated that the vacant lot could not be developed because it is wetland, but if sold to the Kail's, it would be cleaned up and give him the necessary lot size to keep his house as designed. • Gappa stated the lots were tax forfeited years ago. Bottenberg stated that the Planning Commission only discussed vacating the alley, but not the lots. Gappa stated they could consider keeping easements in the alleyway. Nygard asked if adjacent land owners had first right of refusal when the City sells property. Gappa stated the alley was not of future value and the City could retain easements, but he hated to give up a lot because of the potential use for stormwater management. Bottenberg stated that if they vacated the alley, he would be at 15.3% lot coverage, without the porch as a structure, or 66 s.f. over the allowed. Gappa stated Kail would likely only get half the alley, and his neighbor would get the other half. Bottenberg stated that with half the alley, he would be over his coverage by 254 s.f. Kail suggested he could reduce the garage from a 3 -stall to a 2- stall. Bottenberg stated that with that reduction in the garage and half the alley, he would be within 15 %. She stated that the alley couldn't be vacated until it went before the Planning Commission at • the March meeting. 5 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 9. #02 -2863 Richard Kail, 3753 Casco Avenue— Variances — Continued 0 Gappa stated the City would need an extension of the 60 -day rule requirement. Kail said he would grant it. Mayor Peterson stated the City would not consider vacating the adjacent lot at this time because of the stormwater issue. She told Mr. Kail to work with Bottenberg on the numbers. White moved, and Murphy seconded, to table Item 9. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated that the City of Plymouth mandates establishments card anyone who appears to be under 40 and suggested Orono do the same. Moorse stated it was a "best practice" policy that was encouraged, but could not be enforced with a penalty. Barrett stated that as such, there would be no problem implementing the practice in Orono. White asked about removal of hazardous old wood from playground equipment on public property. Gappa stated that he only knew of Bederwood Park needing things removed. • Murphy asked if the problem was legitimate. Deb Halvorson, Park Commission member, indicated a recent newspaper article described the potential effects of the hazardous materials in the wooden playground equipment. Nygard stated that arsenic is released when people burn old wood items like picnic tables. The only safe disposal was to bury the item in a clay soil, or to burn it at the Hennepin County waste facility, which has the ability to contain the pollutants. Nygard stated that he spoke to Mr. Weiss regarding his letter in the newspaper about Navarre Fire Service. Weiss was concerned that Orono wanted to move away from Mound regarding fire service. Nygard assured him that the City was happy with Mound's service, but needed the new station for other reasons. Mayor Peterson asked who would attend the Elected Official Conference in St. Louis Park at the end of February. Mayor Peterson, White, and Murphy expressed interest. Moorse stated that the Long Lake Fire Department moved to their new station last Saturday. They held a nice ceremony with a parade of the trucks and gave tours of the new facility. They had a flag raising ceremony and a blessing of the station. C, 0 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 • PUBLIC SERVICE DIRECTOR'S REPORT *10. Request for Final Payment— Hackberry Park Improvements Murphy moved, and Sansevere seconded, to approve Request for Final Payment, Hackberry Park Playground Equipment Project to ODESA Construction, Inc. in the amount of $13,156.27. Vote: Ayes 5, Nays 0. *11. Purchase of Bobcat Skid Steer Loader Murphy moved, and Sansevere seconded, to approve purchase of a Bobcat Skid Steer Loader with attachments from Lano Equipment, Chaska, Minnesota for $37,800 to be funded from the 2003 Improvement and Equipment Outlay Fund Budget. Vote: Ayes 5, Nays 0. 12. Navarre Fire Station Project Development Costs Gappa stated that wetland mitigation was recommended to be done on -site in order to facilitate approval by the MCWD in an expedient manner. He stated that the Navarre Fire • Station project is on the MCWD agenda for February 27th, with the Highway 12 and Dahlstrom issues. Bonestroo engineers were working on a new mitigation plan that shows 15,000 s.f. of new wetlands and uses Public Value Credits for the remaining 5,000 s.f. of wetland mitigation to be submitted to MCWD on February 11th • Nygard asked about the installation of a helipad. Murphy stated it could not go on the station roof because of the required structural supports. White stated that there was a helipad for the water patrol in case of a boating disaster. Mayor Peterson stated they should find out where area helipads are. Moorse questioned how much space is required to land a helicopter. White stated it would require 120 s.f. Moorse stated that the on -site mitigation of the wetlands would use a large amount of park area, but not the most desirable areas. The installation of a skating rink would depend on what sort of rink is desired— whether it would consist of a flooded area or a full size rink with hockey boards. White stated that the rink at Casco Point would be only 1 %2 blocks away from the fire station. He felt the new rink would result in a high investment and a low return. Murphy stated that the first priority is the permit from the MCWD for the fire station, but that they should remain open to the possibility of a skating rink later. 7 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 I2. Navarre Fire Station Project Development Costs — Continued Nygard moved, and Sansevere seconded, to approve completion of soil borings for the Navarre Fire Station site by STS Consultants, Maple Grove, Minnesota at a cost of $3,100 with approval of a budget adjustment for the Navarre Fire Station Construction Fund to reflect this expenditure. Vote: Ayes 5, Nays 0. Nygard moved, and Sansevere seconded, to approve completion of a wetland mitigation plan for the Navarre Fire Station site by Bonestroo Engineers, Roseville, Minnesota at a cost of $6,410 with approval of a budget adjustment for the Navarre Fire Station Construction Fund to reflect this expenditure. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *13. Long Lake Fire Station Certificate of Substantial Completion • Murphy moved, and Sansevere seconded, to authorize the City Administrator to sign the Certificate of Substantial Completion on the Long Lake Fire Station. Vote: Ayes 5, Nays 0. • *14. Change of Funding Source for the Change Order Number 4 Portion of Application and Certificate for Payment Number 9 for the Long Lake Fire Station Murphy moved, and Sansevere seconded, to approve payment of the costs related to change Order Number 4, in the amount of $16,210, from the Sewer Fund, rather than from the Joint Fire Station Account, and to amend the Sewer Fund budget to reflect the expenditure. Vote: Ayes 5, Nays 0. *15. Lease with North Memorial Medical Center for Space for Ambulance Crew in the Long Lake Fire Station Murphy moved, and Sansevere seconded, to authorize the City Adminstrator to sign the lease to provide space for the North Memorial ambulance crew in the Long Lake Fire Department. Vote: Ayes 5, Nays 0. • 0 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 • *16. Establish 2003 Navarre Fire Station Capital Project Fund and Interfund Loan Murphy moved, and Sansevere seconded, to establish the Navarre Fire Station Construction Fund, and authorize the transfer of $20,000 from the General Fund to the Navarre Fire Station Construction Fund for the payment of expenses incurred prior to the sale of bonds, at which time the loan will be repaid. Vote: Ayes 5, Nays 0. *17. Purchase of Unmarked Police Vehicle Murphy moved, and Sansevere seconded, to approve trade -in of older model Acura for a newer used car, not to exceed $2,800, and to approve budget adjustment from forfeiture fund. Vote: Ayes 5, Nays 0. *18. 2003 Police Officer Contract Settlement Murphy moved, and Sansevere seconded, to approve the proposed 2003 Police Officer contract settlement, reflecting a 3.0% pay adjustment, and increase in the City's cafeteria benefit plan contribution to $500.00 per month, and an increase to eight premium holidays. • Vote: Ayes 5, Nays 0. *19. Automated Pawn System (APS) Service U Murphy moved, and Sansevere seconded, to approve acquisition of the Automated Pawn System at an initial cost of $500, and a recurring cost of $864 /year. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. *20. LICENSES Kennel License 1. Carol Brooks 3. Colleen Jabbour 930 West Ferndale Road 985 Tonkawa Road 2. Kevin Garnett 4. Jayne Paasch 450 Orono Orchard Road South 2150 Kenwood Way 0 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 *20. LICENSES — Continued • 5. David & LuAnn Runkle 2684 Casco Point Road Special Event 1. Applicant: Charles Cudd Company Event: 2003 Parade of Homes —Spring Preview Location: 1140 Garden Court Date: February 15 -March 23, 2003, Thursdays through Sundays Time: 12:00 noon – 6:00 p.m. 2. Applicant: Wells Fargo Bank— Wayzata Event: Wells Fargo Half Marathon Location: Begin: Wells Fargo Bank Wayzata. Lake Street to Ferndatle Road to County Road 156 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to County Road 51 to County Road 19 to Crystal Bay road to Northview Road to Lake Road to County Road 15 to Old Beach Road to County Road 19 to Beehrle Avenue to the Southwest LRT Trail to Water Street. Finish: Wells Fargo Bank Excelsior. Date: May 4, 2003 Time: 8:00 a.m. – 11:00 a.m. • Tobacco License 1. James Anderst 3. John O'Sullivan Narrows Saloon O'Sullivans 11 3380 Shoreline Drive (Convenience Store - Culvers) 3340 Shoreline Drive 2. John O'Sullivan O'Sullivans I 4. Timothy Ivory (Convenience Store) Spring Hill Golf Club 2420 Shadywood Road 725 Sixth Avenue North Murphy moved, and Sansevere seconded, to approve the above listed licenses. Vote: Ayes 5, Nays 0. *21. BILLS White moved, and Murphy seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. is 10 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 • MAYOR/COUNCIL REPORT Re- Opened • r� U Murphy stated that Long Lake will move its City Offices to the new facilities on Thursday, with their first City Council meeting in the new building on Tuesday, February 18`h. He suggested Mayor Peterson visit or send flowers from the Council to congratulate them. Mayor Peterson agreed. ADJOURNMENT The meeting was adjourned at 8:10 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor 11