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HomeMy WebLinkAbout03-10-2003 Council Minutes3 ORONO CITY COUNCIL MEETING MONDAY, MARCH 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 Jennifer Chaput, 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. CONSENT AGENDA 1. Approve /Amend Items 6, 10, 11, 12, 13, 14, 15, 16, 17, and 18 were added to the Consent Agenda. Murphy moved, and Mayor Peterson seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. • APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of February 24, 2003 Murphy moved, and Mayor Peterson seconded, to approve the Minutes of the Regular Council Meeting of February 24, 2003. Vote: Ayes 5, Nays 0. PRESENTATION 3. Mark DuCharme —Fire Chief, Excelsior Fire District Murphy stated DuCharme's team had been working with the Orono fire station committee to finalize plans for getting the Navarre Fire Station up and running. He expressed his appreciation for DuCharme's help and welcomed him to the Council meeting. DuCharme stated that the partnership forming between the Long Lake and Excelsior fire departments as they prepare the Navarre fire station is very exciting. He stated he was very confident of an agreement being reached soon. He felt the project will serve as an example for others on how things can work when partnerships are formed between • communities. He was looking forward to sharing amenities with Long Lake and ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 3. Mark DuCharme —Fire Chief, Excelsior Fire District — Continued • continuing the partnership. White asked how DuCharme felt about in -home sprinkler systems. DuCharme stated that he was in favor of them. While alarms and sprinklers have an initial cost, they are well worth the investment because sprinklers are an effective tool against home fires. Mayor Peterson asked if there would be a restriction against recruiting applicants from the Navarre area. DuCharme stated that they require applicants be able to reach the station within 5 minutes. They do, however, use common sense, so if someone lives just outside the 5 minute radius, they would still be considered for a position. The most important thing is that applicants have an adequate response time to the alarms. Sansevere asked about pension jurisdiction. DuCharme stated that the Navarre recruits would be covered by the Long Lake Fire Department. Fire fighters cannot transfer service with their pensions in Minnesota. By putting them under Long Lake, some fire fighters would be able to transfer to the new station without losing their pensions. He stated that 50 – 75 years ago, it was not uncommon for some departments to have large pensions, and others to have small ones, based on which were focused on protecting their pension funds and encouraging fire fighters to stay in their service. Murphy stated that in the corporate world, pension portability is a controversial issue because the whole point is to keep people with one company. There will be a lot of issues to explore in the next few years. Gabriel Jabbour stated that DuCharme is a full -time fire chief who also teaches fire fighter classes. He will be teaching the new recruits, which will give them the benefit of saving time and money by having local training. Sansevere stated they couldn't have found a better chief and staff to see them through the development process. DuCharme stated it was a team effort. When asked about his history, he stated he was born in Shorewood, the youngest of a dozen children. He came from the Brooklyn Park Fire Department and has over 20 years of experience. He was mentored by John George, a former Chief of the Minneapolis Fire Department. Murphy stated the City has a 20 -year fire service contract with Long Lake, and the Excelsior Department would be helping with training and service for 3 -years while Navarre is getting up and running. Murphy stated they are very lucky to have the Excelsior department and Ducharme to work with. Mayor Peterson thanked DuCharme for his assistance, and for coming to the meeting. • 2 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 • 4. Orono Alliance for Education — Bowman Gray Bowman Gray of the Orono Alliance for Education stated that the organization was rooted in the Orono Education Fund, which was founded in 1956 to provide classroom support and scholarships for Orono students. Three years ago they raised $50,000 to help the schools purchase supplies. After that, the Orono Education Fund called on Gray to help them organize into a 501(c)(3) to become a development office for the schools, similar to those in private schools. The Alliance offers an opportunity for the community to donate to the schools and direct how the funds will be disbursed. The school makes a grant request and the Alliance determines if there is adequate funding to grant the money. They are trying to build an endowment. Over the last three years they have granted back to the schools over $500,000. They give away more local scholarships than any other group in the area and fund the Distinguished Alumni Award. On April 24th Lorie Line will be giving a benefit concert at the high school. Tickets are being sold for $30, $50 and $100. The night of the concert, any unsold tickets will be available and no one will be turned away because the concert is to be a community event. The police and parents' organizations will have booths set up. They would like some Council members to attend the concert. Gray stated the school district is a source of pride is for the Alliance. Gray stated that his term as president of the Alliance is almost over. Susan Brio will be the next Alliance president. L� White stated that his children have gone through the Orono schools and they are very pleased with the schools and impressed with the amount of scholarships made available locally. Mayor Peterson stated that she is also very pleased with the Orono schools and her children have had success getting into colleges thanks to the education they received in Orono. PARK COMMISSION COMMENTS — ANDREW MCDERMOTT McDermott stated that the Park Commission met this month, and Nygard attended. They were looking into having the University maintain the French Creek Preserve Prairie for them. They discussed the trails and sidewalks that will be coming up in the next couple of years and have discussed having the County help widen the shoulder of County Road 19 to allow bikes to use it. They discussed the trail along County Road 6, which will connect from Old Crystal Bay Road to where Willow View trail left off by using state aid funds. 3 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 PARK COMMISSION COMMENTS ANDREW MCDERMOTT— Continued • They also want to get the trail from the Luce Line continued down to Fox Street when they do the Old Crystal Bay Road repaving. Sansevere asked about testing playground equipment for arsenic. Gappa stated he had contacted testing companies, but they need to wait for the temperature to be above freezing to get an accurate test. They would probably be able to test over the weekend and would have results a few days after that. Murphy stated he had heard that it wasn't dangerous unless burned. White stated that arsenic is toxic in any form in the soil, compound, wood chips, etc. PLANNING COMMISSION COMMENTS — CYNTHIA BREMER None. PUBLIC COMMENTS None. • ZONING ADMINISTRATOR'S REPORT 5. #02 -2859 Blake and Mary Bichanich, 332 Westlake Street — Variances Chaput stated that the applicants want to remove an existing home and build a new one. In 1993 the applicants were granted variances to remodel the existing houses that were on two adjacent lots, combining the houses into one residence. Because the remodel used significant portions of each house, variances were granted, allowing side yard setbacks of 11' to the south and 19.3' to the north. Although the current application is for new construction, which would require 30' side yard setbacks, the applicants want to build in the same area with the same side yard setbacks that were granted in 1993. Other variances requested were: lot width of 100.28' where 200' is required, and lot area of 1.34 acres where 2 acres is required. The Planning Commission recommended to approve the lot width and lot area variances as presented and to alter the side yard setbacks from those proposed to not less than 20', permitting up to a 4' encroachment into either side yard for roof overhang, but no other structural elements, and requiring the removal of the existing shed in the 0 -75' zone, which may be replaced with a lock box of no more than 200 s.f. . 4 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 • 5. #02 -2859 Blake and Mary Bichanich, 332 Westlake Street — Variances— Continued The applicants agreed with the recommendations except that they requested the side yard setbacks be reduced to 15' on each side. Blake Bichanich and David Allers, potential buyer of the property, were present. Bichanich stated that he bought the two lots and then connected the two houses, adding about 70% of the current foundation at the time of the remodel. The combined area of the two homes was less than 1,500 s.f. before the remodel, and is now about 3,500 s.f. The existing garage extends 2' into the neighbor's property. He would move the garage back onto their property with the rebuild. Bichanich showed elevations of the proposed house. He stated his goal was to spread the house out, and keep the massing down to a 1 % story cottage feel, so that it would fit in well with the neighborhood. Bichanich had a letter signed from his neighbors, who had attended the meeting, in support of his plans. He stated that with the 30' side yard setbacks, he would have to construct a 2 %Z -story house to get the same square footage. The house would be required to be a long, narrow, box that would not fit the neighborhood. Bichanich stated they were willing to bring the garage 15' inside the lot line. The new • house had bump -outs for architectural interest that brought one point 17' from the lot line on the south side, and most of the house would be behind that point. On the north side, the great room was angled to bump out into the side yard setback. Gaffron stated that staff did not support any side yard setback variance because the house would be new construction without any hardship. Mayor Peterson asked if staff had any issue with the lot width or area variances. Gaffron stated they did not. Bichanich stated that they have the neighbors' support. The area was rezoned in 1975 and the requirements don't apply to the neighborhood. He stated that not a single property could comply with the zoning codes. Nygard stated that the applicant would receive variances on the lot width and area, but with the length of the lot, he should be able to design a house that meets setbacks. Bichanich stated that the new house would be the same width as the old, so he expected to receive the variances that were granted in 1993. He stated the neighbors had banded together to support him because they realized that the issue affects them. With current codes, there is no incentive for people to combine lots because it produces a narrow house. • Murphy asked Bichanich why he couldn't shift the house plan to fit the 20' setback 5 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 S. #02 -2859 Blake and Mary Bichanich, 332 Westlake Street — Variances— Continued • recommended by the Planning Commission. Gaffron stated that the City has become stricter in recent years concerning rebuilds. Murphy suggested they reposition the great room so that it would not bump into the setback. Sansevere asked Gaffron if he was opposed to the 20' setback and in favor of 30'. Gaffron stated that no variance was acceptable without a hardship. Chaput stated that the Planning Commission decided the length and shape of the lot served as a hardship. Gaffron stated that variances had been made in the 2 -acre zone, but for shorter lots. He stated this application was based on aesthetic issues. Sansevere stated he would not vote for the variance without a hardship. Nygard stated that maintaining the feel of the neighborhood is important and in this situation, they would double the distance between houses. Murphy asked if the planned house wouldn't be an anomaly in the neighborhood. Bichanich stated it would not, but that meeting the setbacks would create an anomaly by • forcing them to mass the house vertically. He stated a house that is 30' wide and 60' long would not fit the neighborhood. Bichanich stated it is too expensive to combine lots to only gain 10' of house. Allers stated that the code was the hardship for the application. The code was being applied to a neighborhood where it didn't fit. Trying to spread the house out and reduce massing was important to him. The floor plan would change drastically to accommodate the larger setbacks. He stated that his purchase of the property was contingent upon the setback variance. Sansevere stated that he would like to say yes because it's a great house and they seem nice, but he can't fairly do so without a hardship to consider. Sansevere asked if they had ever granted setback variances in the 2 -acre zone. Gaffron stated that staff had not found any. If a variance were granted on a questionable hardship it would open the door to all sorts of claims. White asked if the applicant could build on the existing foundation without any variance. Gaffron stated that there is no language in the code requiring that applicants use a certain percentage of the existing house, but the Planning Commission had been considering the issue. • 0 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 • 5. #02 -2859 Blake and Mary Bichanich, 332 Westlake Street — Variances— Continued Murphy stated it seemed the applicant would either need more land or a smaller house. Allers stated that if a 200' wide, 2 -acre lot required 30' setbacks, then it made sense for 100' wide, 1.3 -acre lot to need 15' setbacks because proportionately it was the same. He asked why Council felt the code applied to his situation and the neighborhood. Nygard stated that they didn't necessarily, but the code was what they had to work with. He suggested Allers and the neighbors get a petition going to change the code and rezone the neighborhood, giving the Council something new to consider. Mayor Peterson suggested they table the application. Barrett stated that he agreed with staff. The Council had to work within the laws and identify a hardship. The inability to get a certain width house was not a hardship. If Council granted a variance, it would set a precedent. Allers asked what they would have to do to rezone. Gaffron stated they would need to look at the adjacent zones to determine what district the neighborhood should be rezoned. Sansevere asked if it was worth pursuing. Gaffron stated that if they could rezone to 1- acre and not create higher density, and meet the City's goals with the rezoning, then it • might be worth considering. • Murphy asked what precedent the rezoning would set. Moorse stated they would have to consider the entire City and rezone all similar neighborhoods. Murphy stated they should not rezone to fit the homes, but the homes should fit the zoning. Sansevere stated it would set too great a precedent. Nygard stated that when the neighborhood was zoned, they didn't expect it to be sewered. Allers asked why they couldn't consider each neighborhood on its own merits as issues came up. Sansevere asked if they would take in the house 1' on the south side and 3' on the north to fit the Planning Commission's recommendations. Allers stated he would look into it. Sansevere asked if they could work with the existing foundation in order to avoid needing any variances at all. It would be the simplest solution. Allers stated they would work with staff to find a solution. Murphy moved, and Sansevere seconded, to table #02 -2829, Blake & Mary Bichanich, 322 Westlake Street. Vote: Ayes 5, Nays 0. I ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 *6. #03 -2865 Kevin Manley, 1973 Fagerness Point Road — Variance — Resolution • No. 4935 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4935 granting variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(C)(J)(L) and a conditional use permit per Section 10.03, Subdivision 19, to permit the construction of a gravel driveway constituting 400 s.f. of hardcover in the easterly 0 -75' zone where no hardcover is normally allowed; to permit construction of a 4.5' x 12' deck in the westerly 0 -75' zone constituting structure and hardcover within 75' of the shoreline where no structure or hardcover is normally allowed, and constituting an average lakeshore setback encroachment where none is normally allowed; and to permit construction of a 4' wide walkway between the garage deck and the house in the 75- 250' zone constituting hardcover in excess of 25% where only 25% hardcover is normally allowed. Vote: Ayes 5, Nays 0. *7. #03 -2870 Roberta Vaughn, 205 Tonka Avenue —Lot Line Rearrangement — Resolution No. 4936 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4936 approving the lot line rearrangement of 205 Tonka Avenue and 3440 Bayside Road • by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, dated and revised March 5, 2003. Vote: Ayes 5, nays 0. *8. #03 -2871 Sally and Dan Weatherly, 1214 Wildhurst Trail — After - the -Fact Variances — Resolution No. 4937 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4937 granting after - the -fact variances to Municipal Zoning Code Section 10.24, Subdivision 5(B) and Section 10.03, Subdivision 15(A) to allow encroachment of a new single family residence to be located 6" (0.51) into the side yard setback resulting in a 9.5' setback where 10' is required in the LR -1B zoning district; and to allow said new residence to have eaves of 3' where 1 %z' is allowed. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT 9. Proclamation: Orono High School Hockey Team Mayor Peterson stated the Council wanted to recognize the Orono High School Boys Hockey Team to be recognized for its achievement. She suggested that other school • 9 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 • 9. Proclamation: Orono High School Hockey Team — Continued n U • teams also be recognized for going to the State Tournaments. White suggested that students also be recognized for academic achievement. Murphy stated that they should avoid watering down the honor for the hockey team. He suggested calling the schools and asking what would be the most appropriate way for the City to recognize student achievements. Mayor Peterson moved, and Murphy seconded, to table a proclamation recognizing the Orono High School Boys Hockey Team's achievement at the State Hockey Tournament. Vote: Ayes 5, Nays 0. Sansevere stated he distributed a letter from Mr. Larson, who was looking for help from the City concerning lakeshore property. Murphy suggested that at the neighborhood meeting concerning the fire station, they have the architect present a drawing to show what a typical fire station would look like, even if it's not what would be built, just to give the residents a visual for discussion. PUBLIC SERVICE DIRECTOR'S REPORT *10. Request for Purchase of NPDES Stormwater Program Software Murphy moved, and Mayor Peterson seconded, to approve Request for Purchase of NPDES Phase 2 Stormwater Program, ASSIST project management and reporting software from DBSP Inc. Fort Worth, Texas, for $3,722, with the purchase to be funded from the Stormwater Utility Fund with approval of a year 2003 Stormwater Utility Fund budget adjustment to reflect the expenditure. Vote: Ayes 5, Nays 0. *11. Accept Quotations for North Long Lake East Sewer Murphy moved, and Mayor Peterson seconded, to accept the quotation in the amount of $40,133 from EJ Mayers Inc., Corcoran, Minnesota for completion of the North Long Lake East sewer project. Vote: Ayes 5, Nays 0. 0 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 • CITY ADMINISTRATOR'S REPORT *12. Pay Requests —Long Lake Fire Station Murphy moved, and Mayor Peterson seconded, to approve the requests for payment as follows: Connectivity Solutions in the amount of $11,600.26, General Office Products Company in the amount of $702.96, Nott Company in the amount of $1,052.21, SPS Companies in the total amount of $408.77, and Budget Printing in the amount of $300.24, to be funded from the Joint Fire Account. Vote: Ayes 5, Nays 0. *13. Application and Certificate for Payment No. 10 —Long Lake Fire Station Murphy moved, and Mayor Peterson seconded, to approve Application and Certificate for Payment No. 10 from Rochon Corporation in the amount of $55,524.28 to be funded from the Joint Fire Account Vote: Ayes 5, Nays 0. *14. Amend City Recorder Fee Schedule Murphy moved, and Mayor Peterson seconded, to approve the following fee schedule • for 2003 for the City Recorder effective January 1, 2003: Length of Meeting 2003 Fee Schedule 1 -2 hours $140.00 2 -3 hours $165.00 3 -4 hours $200.00 4 -5 hours $260.00 5 -6 hours $335.00 6 -7 hours $430.00 Vote: Ayes 5, Nays 0. *15. Opposition to Ridgedale Court Closing— Resolution No. 4938 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4938 opposing the closure of any suburban courthouse and requesting Hennepin County District Court to share information and cooperatively examine possible solutions for state funding cuts. Vote: Ayes 5, Nays 0. U 10 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 • *16. Accept School Resource Officer Training Grant Murphy moved, and Mayor Peterson seconded, to accept the National Center for Missing and Exploited Children grant for the School Resource Leadership Program, March 23 -27, 2003. Vote: Ayes 5, Nays 0. *17. 2002/2003/2004 Police Sergeant Contract Murphy moved, and Mayor Peterson seconded, to approve the 2002/2003/2004 Police Sergeant Contract settlement, and to authorize the City Administrator to prepare and sign a contract reflecting the settlement. Vote: Ayes 5, Nays 0. 17a. Dental Office Gaffron stated that staff had just received new drawings from the applicants that were different from the plans approved by Council. The roof system was changed, adding more than 10' to the peak height. They also removed several high cost features, such as the glass in the gables. The City had not yet closed the sale on the property and Council could say yes or no to the new design. • Murphy suggested drafting a letter stating what would be acceptable. Gaffron stated the roof pitch could be reduced, but asked about the other quality features, like the glass. Moorse stated the City had purchased the property in order to control what went in there. Murphy suggested telling the developer to go back to the approved plans or come before Council to defend the changes. Council agreed and directed Gaffron to instruct the developer to return to the approved plans. CITY ATTORNEY'S REPORT None. *18. LICENSES Kennel License 1. Don and Linda Lindau • 666 Tonkawa Road 11 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10, 2003 Kennel License — Continued 2. Sara Mussmann 2095 Salem Court Murphy moved, and Mayor Peterson seconded, to approve the above listed licenses. Vote: Ayes 5, Nays 0. *19. BILLS Murphy moved, and Mayor Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:05 p.m. ATTEST: Linda S. Vee, City Clerk 12 Barbara Peterson, Mayor • 0