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HomeMy WebLinkAbout02-24-2003 Council MinutesMINUTES OF THE ,---' ORONO CITY COUNCIL MEETING Monday, February 24, 2003 • 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Murphy, Jay Nygard, Jim White, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. . Absent was City Administrator Ron Moorse. Mayor Peterson called the meeting to order at 7:03 P.M. CONSENT AGENDA 1. Approve /Amend Items #3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, and 21 were added to the Consent Agenda. Nygard moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES • *2. Regular Council Meeting of February 10, 2003 Nygard moved, White seconded, to approve the Minutes of the Regular Council Meeting of February 10, 2003 as presented. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott McDermott reported that the Commission had discussed the idea of holding a work session with the City Council during one of the Park Commission's upcoming regular meeting nights and asked the Council to give this thought consideration. Mayor Peterson pointed out that the Council had discussed scheduling a preliminary work session in March, but would be willing to consider the Commission's first meeting in April. McDermott encouraged the City to go forward and advertise for a new Commissioner. He mentioned that past interest expressed by Mr. Carr, a resident of Orono, may still be worth pursuing. While she appreciated the suggestion, Mayor Peterson believed the new Commissioner should come from an unrepresented area of Orono. Sansevere felt it was proper to advertise. In addition, he wished to clarify his past position to McDermott with regard to the Park Commission. While individually, Sansevere appreciated the • representatives' commitment to the Commission, he indicated that as a group their forceful demeanor frightened him. Sansevere stated that his number one priority is safety, as in the case of PAGE 1 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. • PARK COMMISSION COMMENTS, Continued the Bederwood play equipment. He felt it was good that the Commission had informed the Council of the treated wood, suggesting its removal. He felt the Commission had acted properly, and supported the suggestion that this matter receives critical attention and the play equipment is ripped out if there is a danger. If there is money to replace it, then the City will do so, if not it may have to wait. McDermott pointed out that, while the EPA has banned the use of treated wood in construction, they have not gone so far as to mandate it be ripped out of existing structures. Gappa suggested the City have the equipment at Bederwood tested for levels. Sansevere reiterated the need for the City Council and Park Commission to be working from the same page. He reminded the Park Commission that they are an advisory board to the Council, recognizing it may have been the Council's fault, that they've allowed the Commission to become its own fiefdom. At times, the Commission has been telling Council what to spend money on, and if there is a disagreement and Council does not support their recommendation we are bad people who don't support our kids. Sansevere stated that, in reality, that is simply not the case, it's generally a matter of the money just not being there. He went on to question the roles within the Commission and encouraged them to rotate Chairs and Co- Chairs. McDermott stated that on several occasions he has asked for volunteers to act as Co- Chairs or the • Chair itself to no avail. He indicated that no one has expressed any interest in carrying the additional workload, which has not bothered him to a great degree. Murphy asked what the workload of the Park Commission Chair encompassed. McDermott indicated that the workload is made up of creating the agendas, acting as liaison to City staff, and usually attending additional meetings. White felt this would be a good time to share with Chair McDermott that it is unlikely the skating rink in Navarre would come to fruition at this time. He stated that the soil tests seem to be showing that the satellite station would need to be moved further back on the property. McDermott maintained that the Commission had always been in support of the skating facility in front near County Road 15 and questioned what impact moving the station back would have on this placement. He had difficulty believing that soil could not support merely skating. Murphy believed it was a bit early to get into whether the parcel would support a skating rink or not, since he had only seen the preliminary report from the drillers he could not make any recommendations one way or another, especially in light of the fact that mitigation and construction of a roadway would still be necessary. Nygard believed that there were numerous things the City could do to provide entertainment for the kids if they don't decide to follow thru on skating. He pointed out that, currently, the City of Orono does little to provide activities for our youth and suggested consideration be given to a BMX • PAGE 2 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. PARK COMMISSION COMMENTS, Continued track, skating, skateboard track, etc. He believed the City could look to Maple Plain's successful BMX track example and other communities, like Mound, regarding boarding etc. Murphy asked how the City would handle liability, as this would be a big issue. Nygard suggested that staff speak to Maple Plain about how they handle that issue with regard to their BMX track. He indicated that moving dirt around to create a BMX area is an inexpensive option. McDermott pointed out that liability often is not an issue as long as you keep the ramps and things under a certain height. White stated that Excelsior has a small track off their south lakes trail, which is heavily used. Mayor Peterson maintained that many good ideas exist and that there are options yet to be discussed. McDermott indicated that he would encourage others to take on the role of Co- Chairs. Mayor Peterson recognized McDermott for his past attempts to bring others into a leadership role • and indicated that they could address this further at the work session. Sansevere stated that, given this was his first opportunity to speak to McDermott in person, he hoped that he had expressed his views clearly. Murphy questioned what the purpose of the joint work session would be. Mayor Peterson stated that the purpose of the work session will be to make sure both parties are on the same track, recognizing that in the past, the Council has given the Commission ideas and expected them to run with them, and they've done a good job of doing so. To that end, McDermott maintained that having been given direction by the Council to pursue a matter, the Commission has, on several occasions, spent time researching an issue and presenting it to Council, only to have the Council say they no longer have interest in it. He reminded the Council that the Commission is a good dedicated group of individuals with good ideas whom, when given direction, roll with a project and often get shot down. He added that it would be advantageous to have Council liaison's show up for their appointed meetings. PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative Fritzler reported that all of the Planning Commission items had been on the Council consent agenda for the evening. He pointed out that the Commission's primary goal at their meetings lately has been to get people to justify their hardship. In an effort to do so, the Commission has been trying to limit discussions to 20 minutes, however, on many of the applications, the hardship just • isn't there and the Commission ends up going back and forth on items. Fritzler maintained that the Commission is striving to reinstill the need to prove a hardship. PAGE 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS, Continued Sansevere asked if this could be streamlined at the application level. Since many applicants have different ideas of what they should be able to do with their property and what they consider a hardship, Gaffron indicated that even when staff informs them they don't have adequate hardship they wish to proceed. Typically, Gaffron stated that by the time an application reaches the Planning Commission, it is in its 3rd or 4th design phase. Nygard pointed out that, if the Council meetings were broadcast, it might be helpful to residents to observe the process before deciding to proceed with an application. They might have a better grasp of what is typically allowed in Orono. White indicated that, oftentimes, Orono must compete with what other cities allow, which is a problem when people come to file an application and believe they should get what someone else in another lake community is allowed. Murphy asked if the expectation had changed. Mayor Peterson believed that, in many instances, it has and people believe they should get more. Fritzler pointed out that some owners are getting into trouble assuming that their contractors know what is allowed and that they play by the rules, which is not always the case. • Nygard maintained that most people have no idea what is allowed or happening until they come in to request an application. Sansevere inquired if staff supplied people with information about what is required, and suggested that a separate sheet be created to emphasize the need to provide stronger hardships or the application likely won't pass. Gaffron stated that staff has often gone so far as to tell people that their applications have very little chance of passing, and still people wish to proceed. He indicated that what staff needs most is consistency to support their position and to point to when recommending someone not pursue something. Attorney Barrett stated that, while offering and giving advice is good, the City should shy away from totally discouraging individuals from their due process. Staff should provide applicants with advice and recommendations, but Barrett cautioned making it too tough for people to get an application. McDermott suggested they make it a policy that individuals are allowed 20 minutes to make their case. Gaffron stated that, typically, the Commission hears the staff report, they ask for public comment and the applicant's comments, make a motion, and discuss it. • PAGE 4 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS, Continued Fritzler pointed out that some applicants belabor their points, or worse try to badger or intimidate, in order to make their case. White stated that, in his observations, the Commission has been extremely patient and tactful handling difficult cases. Mayor Peterson encouraged the Commission to continue to stick to its 20- minute limit, since it is unfair to other applicants who are forced to wait until the wee hours to be heard. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT *3. #03 -2872 TERRY & CHRISTY MORSE, 2080 SPATES AVENUE - VARIANCE - RESOLUTION NO. 4928 Nygard moved, White seconded, to adopt RESOLUTION NO. 4928, a Resolution granting lot area, width, and setback variances to add a second story for closet space on the most • southwesterly portion of the existing principal structure, 20.6' from the side lot line adjacent to a street where 50' is required to the property located at 2080 Spates Avenue. VOTE: Ayes 5, Nays 0. r� U 4. #03 -2866 JUDY AND DAVID ZOSCHKE - 2040 SHADYWOOD ROAD - VARIANCES — RESOLUTION NO. 4929 Nygard moved, White seconded, to adopt RESOLUTION NO. 4929, a Resolution granting lot coverage by structure, hardcover within 75 -250' of the lakeshore setback zone, and average lakeshore setback variances to replace an existing 507.6 s.f. lakeside deck, enclosing 151 s.f. as patio area for the residence located at 2040 Shadywood Road. VOTE: Ayes 5, Nays 0. *5. #03 -2868 JOHN E. WHITMAN -1580 SIXTH AVENUE N. - VARIANCE - RESOLUTION NO. 4930 Nygard moved, White seconded, to adopt RESOLUTION NO. 4930, a Resolution granting variances to construct a 125 s.f. driveway and pad, located 50' south of the centerline of long Lake Creek where no hardcover is permitted, and grading, filling or excavating of more than 10 cubic yard within 75' of the Creek where none is permitted, to serve as access to a future home for the property located at 1580 Sixth Avenue N. VOTE: Ayes 5, Nays 0. PAGE 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. • *6. #03 -2873 CITY OF ORONO - COMP PLAN AMENDMENT (MUSA) Nygard moved, White seconded, to conditionally approve 2000 -2020 Comprehensive Plan Amendment #1 adding certain properties along Old Long Lake Road to the defined Metropolitan Urban Service Area (MUSA) subject to review and comment by the Metropolitan Council, and direct staff to submit the amendment to Metropolitan Council. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Murphy had two comments, first, he informed the Council that Mn/DOT would be going before the MCWD, the Minnehaha Creek Watershed District, to get permits for construction and he hoped that their problems could be resolved, but worried a legal battle could be initiated. Second, while Murphy indicated he understood the purpose of the joint Park Commission/City Council work session, he questioned whether the Council, as a whole, understood or agreed upon what its philosophy about parks is. In his opinion, Sansevere believed that everyone currently had differing opinions on the matter and felt they should all get together to come to a consensus. Mayor Peterson admitted that in the Comprehensive Plan it was presumed that the larger • lots would provide adequate play space for residents, however, today things are changing and that is no longer the case. Gaffron agreed, but added that strides were being made to recognize and adjust this. He indicated that, while a new survey is needed, the latest survey of what residents want in their community indicated that they desired more trails and open spaces. Mayor Peterson questioned how they could perform a new survey. Sansevere suggested it be set up on -line. As the last survey was performed by phone and quite lengthy, McDermott argued that likely citizens would use their caller I.D to avoid the calls today. He suggested they attempt to provide a random selection process so that every Little League supporter doesn't get on line to slant the survey results towards their ends. Nygard further suggested they initiate a three -prong approach, interviewing park users, phone surveys, and/or the web to obtain a cross section of the community. Murphy questioned whether there was a strategic plan for parks in place for the next 5 -10 years. • PAGE 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 • 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT, Continued McDermott stated that, since the last strategic plan, new things have continued to pop up over time, making it difficult to prioritize certain elements of the plan by a timeline. It was agreed almost ten years ago to perform the park surveys every ten years, and McDermott pointed out that some of the parks did have revisit dates attached, like Bederwood which was to be redone in 2012, however, now may need to be revisited sooner than anticipated. Murphy asked when this plan was reviewed last. McDermott indicated the plan was due to be reviewed every few years during work sessions. As a relative newcomer, Murphy observed that these were contentious times between the Park Commission and City Council. He believed it to be high time to hold a joint work session, and suggested they happen more often, in an effort to share ideas and eliminate the opinion he had heard that the Park Commission had become its own fiefdom. McDermott reiterated that it is the Council that decides things and gives the Commission direction, the Commission then carries the initiatives forward, like the ice rink, and then is nothing happens. Sansevere expressed his frustration that the Commission continually asks for money. McDermott pointed out that they are the only group that needs money to replace park equipment etc. He maintained that, City Councils of past, had not done their part to improve the parks, therefore, unfortunately, most of the repairs have fallen upon this Council. He reiterated that past repairs and replacements were put off far too long, and that the Commission has been charged with trying to play catch up with things that were not addressed. Sansevere repeated that the Council has no desire to ignore a safety issue, like the treated wood problem, and is willing to take steps to find the money when a dangerous situation exists. Murphy believed the Council and Commission should be provided with a framework to work from at the work session, containing some review of where they've been, what the past strategy has been, the successes /failures, and something to work towards in order to avoid any additional finger pointing. White asked that staff have Moorse create such a document. • While Sansevere wished to make this work session a priority, he would be unable to attend if the meeting were held at the April 7, 2003 Park Commission meeting. PAGE 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. . MAYOR/CITY COUNCIL REPORT, Continued As the most vocal Council member, McDermott suggested that the Commission work with Sansevere to establish a date that would work for him. With regard to the upcoming Affordable Housing meeting to be held this Thursday evening, White asked what format it would follow. Sansevere indicated that he would prefer an informative round table, versus a lecture. Murphy asked if the Council would be given an agenda of scheduled speakers for the evening to ensure a focus or direction. White indicated that one of the scheduled speakers, Mr. Cramer would be very informative and upfront with the issues. He maintained that Mr. Cramer presents the issues fairly and states both the proponents and oppositions' points objectively. Sansevere asked that a question and answer opportunity be allowed. Mayor Peterson agreed that a panel discussion, or 5 -10 minute presentation by speakers, would probably be most helpful to the Council with an opportunity for Q &A. As she felt • ignorant of the topic, the Mayor stated that it was her intent to learn from this discussion and gain new information. Sansevere concurred that he wished to learn new things without being spoken at. Murphy suggested that Moorse act as the moderator to ensure a good dialogue. PUBLIC SERVICE DIRECTOR'S REPORT *7. SCHEDULE AN ASSESSMENT HEARING FOR NORTH ARM LANE PAVING PROJECT - RESOLUTION NO. 4931 and 4932 Nygard moved, White seconded, to approve RESOLUTION NO. 4931, a Resolution declaring the cost to be assessed and ordering preparation of proposed assessment for the North Arm Lane Paving Project. VOTE: Ayes 5, Nays 0. Nygard moved, White seconded, to approve RESOLUTION NO. 4932, a Resolution for hearing on proposed assessment for North Arm Lane Paving Project. VOTE: Ayes 5, Nays 0. • PAGE 8 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 • 7:00 o'clock p.m. *8. RENEW PARK MOWING CONTRACT Nygard moved, White seconded, to approve the renewal of the park mowing contract. VOTE: Ayes 5, Nays 0. *9. PURCHASE REPLACEMENT UTILITY TRUCK Nygard moved, White seconded, to approve purchase of a Chevrolet 1 -ton truck from Hinckley Chevrolet, Hinckley, Minnesota for $29,500 to be funded as follows; $19,000, Year 2003 Sewer Utility Fund Capital Equipment Budget, and $10,500, Year 2003 Water Utility Fund Capital Equipment Budget. As well as, purchase of a utility truck box and hoist from Crysteel Truck Equipment, Fridley Minnesota for $20,000 to be funded as follows; $13,000, Year 2003 Sewer Utility Fund Capital Equipment Budget, and $7,000, Year 2003 Water Utility Fund Capital Equipment Budget. *10. NORTH LONG LAKE E. - SEWER PROJECT Nygard moved, White seconded, to approve a pressure sewer extension project to serve the remaining four properties in East Long Lake Area A at an estimated cost of $16,000 per unit with the understanding that the necessary easements for this project • will be provided to the City at no cost, and the property owner at 1145 Sixth Avenue North pays the $64,000 cost for this project unless the City agrees to finance the $48,000 in costs for three of the units. 11. BID AWARD - EQUIPMENT AND MATERIALS BID 2003 Nygard moved, White seconded, to approve the year 2003 Materials and Equipment Bids. VOTE: Ayes 5, Nays 0. 12. WEST FERNDALE ROAD BRIDGE REPLACEMENT - RESOLUTION NO. 4933 Nygard moved, White seconded, to approve RESOLUTION NO. 4933, a Resolution requesting financial assistance from the State of Minnesota for replacement of the deficient bridge at West Ferndale Road and Browns Bay Channel. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *13. PAYMENT OF MAPLE PLAIN FIRE SERVICE COSTS Nygard moved, White seconded, to approve the payment in the amount of $99,096.30 to the City of Maple Plain for fire service provided in the years 2000 through 2002, and to amend the 2002 fire service budget to reflect the additional $7,580.00 • expenditure beyond the budgeted amount. VOTE: Ayes 5, Nays 0. PAGE 9 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 7:00 o'clock p.m. *14. WECAN REQUEST FOR SUPPORT OF CDBG FUNDING Nygard moved, White seconded, to approve sending a letter of support from the City regarding the WeCAN for CDBG funding. VOTE: Ayes 5, Nays 0. *15. PAY REQUEST FOR LONG LAKE FIRE STATION Nygard moved, White seconded, to approve the requests for payment as follows: BKV Group in the amount of $1,263.41, and Best Access Systems in the amount of $26.55, to be funded from the Joint Fire Account. VOTE: Ayes 5, Nays 0. *16. PURCHASE THREE NEW SQUAD CARS Nygard moved, White seconded, to approve acceptance of the new cars from Superior Ford, offer and sell the old cars through competitive bidding, and set up the new cars. VOTE: Ayes 5, Nays 0. *17. BID AWARD FOR EQUIPMENT CERTIFICATES —RESOLUTION NO> 4934 Nygard moved, White seconded, to approve RESOLUTION NO. 4934, a Resolution Awarding the Sale of $75,000 General Obligation Equipment Certificates of Indebtedness, Series 2003, accepting the bid proposal of Anchor Bank, N.A., Wayzata, to purchase the certificates bearing an interest rate of 1.40% per annum at a bid price of par plus accrued interest, if any, to be dated March 17, 2003. VOTE: Ayes 5, Nays 0. 18. 2002/2003/2004 POLICE SERGEANT CONTRACT Nygard moved, Sansevere seconded, to table discussion of this contract settlement until the next City Council meeting. VOTE: Ayes 5, Nays 0. *19. DESIGNATION OF CITY REPRESENTATIVE TO MCWD Nygard moved, White seconded, to designate Gabriel Jabbour as the City's official representative to represent the City's interests in relation to the Mn/DOT permit application for the Highway 12 Project, and regarding other issues of interest to the City that may be addressed at the February 27 MCWD meeting. VOTE: Ayes 5, Nays 0. *20. UPGRADE AND MOVING OF POLICE OXYGEN SYSTEM Nygard moved, White seconded, to approve the spending of not more than $650 to move and upgrade the oxygen cascade system from the old Long Lake fire station to the new Long Lake fire station by Minneapolis Oxygen Company and to amend the police department budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. • PAGE 10 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2003 • 7:00 o'clock p.m. • • CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. *21. LICENSES Kennel License Renewal: 1. Robin A. Kilbane 495 Oxford Road 2. Dennis and Gail Wilder 1331 North Arm Drive Special Event 3. Chris & Erin Tully 1355 North Arm Lane 4. Gayle Talbot 80 Luce Line Ridge 1. Applicant: Peter Erpenbach/Minnesota Distance Running Association Event: Fred Kurz Memorial 10 Mile Run Location: Wayzata Middle School to Luce Line Trail - Approximately 4.5 miles out and back Date: Saturday, April 12, 2003 Time: 8:30 a.m. - 11:30 a.m. Nygard moved, White seconded, to approve all licenses. VOTE: Ayes 5, Nays 0. *22. BILLS Nygard moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Nygard seconded, to adjourn the Orono City Council Meeting of February 24, 2003 at 7:58 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 11 of 11 Barbara A. Peterson, Mayor