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HomeMy WebLinkAbout04-28-2003 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 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, Jim White, Jay Nygard, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Planner Wendy Bottenberg, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:00 P.M. RECOGNITION 1. Jan Berg — Planning Commission — Resolution No. 4946 Mayor Peterson invited Former Planning Commissioner Jan Berg to step up and accept a resolution in appreciation of her 10 years of dedicated service to the City of Orono as a member of the Planning Commission. CONSENT AGENDA 2. Approve /Amend • Murphy added items # 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 21 to the Consent Agenda Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of April 14, 2003 Murphy moved, Sansevere seconded, to approve the Minutes of the Regular Council Meeting of April 14, 2003 as presented. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Pat Wolfe Wolfe indicated that he had nothing new to report, however, would be available for comment. PLANNING COMMISSION COMMENTS - Chair Sandra Smith Chair Smith stated that she would be available for questions. White stated that he had attended the 6 hour Planning Commission meeting last week and commented on what a thorough job the Commissioners do for the community. LMCD REPORT — Lili McMillan • McMillan reported that the recently completed 2002 Audit found the budget in good shape, with a PAGE 1 of 14 � r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. LMCD REPORT, Continued positive $15,000 balance for Working Capital Appeal Fund. She explained that the LMCD is in negotiations with the MCWD over the watershed taking over the milfoil harvesting program in an effort to remove additional phosphorous from the lake. Since Orono budgets $13,700 for removal of exotics, she indicated that this would mean a cost savings for the community if MCWD takes over the program. Sansevere asked if the MCWD would have the budget to add this to their responsibilities. McMillan stated that the LMCD would likely still handle the harvesting, but the MCWD would step up the removals. She reported that MCWD would be running tests over the summer and include this in its 2004 budget. Currently, MCWD views this as a potentially inexpensive method of removing phosphorous from the lakes, and due to the broad community base it supports McMillan felt this to be a good match for the project. White asked for the status of the zebra mussel program and whether additional funds would be available to expand the checkpoints. McMillan explained that the LMCD, along with the LMA (Lake Minnetonka Association), intends to add to the DNR inspection process on a small scale by helping to fund additional inspectors and continuing education programs. • PUBLIC COMMENTS • Ron Miller, 260 Willow Drive North, stood up and asked several questions of the City Council. First, he asked the City Council if they felt it was fair for him to expect to have his professional documents supplied to the City filled out accurately, and if he should expect contractors /subcontractors to perform quality work. This being said, he indicated that he had several issues with the City. Mr. Miller stated that, after questioning William Walters of the Long Lake Fire Station, he sent a letter to the City regarding the use of potentially contaminated rock on the site. He indicated that he'd asked the engineering firm where and who had provided the rock to the City for the sewer and water project and was given no information. Mr. Miller voiced his concern that the rock might not have been accurately tested prior to use. A second issue revolved around the ditch between his property and the City's lot. He explained that the City installed a culvert in the ditch that has continually been plugged up thus causing his property to flood. After asking the City to clean it up, and deciding to do so himself, he found a mess clogging the culvert and shared several pictures. He also believed that the wetland mitigation effort was designed improperly, since the water is not bypassing his property as planned. Finally, Mr. Miller explained that he wished to be given a definition of a residential lot line as it refers to the necessity for screening the property near the Long Lake Fire Station. He indicated that he had spoken to Mr. Gaffron, who stated that the residential lot line refers to residential property that adjoins the Fire Station property and parking. PAGE 2 of 14 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. PUBLIC COMMENTS, Continued Gaffron stated that the crux of the matter is to determine whether or not the adjacent properties to the north and east are residential, and if they are residential, then screening from the Fire Station would be appropriate. Mr. Miller stated that his land to the south is not affected, however, his father's property to the north is merely 10' off the parking lot and there is no screening along that property line currently. He felt there should be some screening provided for his father's property and wanted the City to take a position or take action on all of these matters he'd presented. Mayor Peterson indicated that the City would strive to supply Mr. Miller with some answers to his questions. Although he felt unaware of the history associated with these claims, Sansevere stated that several of those cited sounded as if they were legitimate concerns and would need to be investigated. Murphy interjected that, in an effort to resolve the succession of issues with Mr. Miller, he had attended several meetings to discuss some of the issues before the Council tonight. While he agreed that the City should work consistently with Mr. Miller to resolve these issues, he pointed out that when he asked Mr. Miller whether the City could resolve the file full of issues he'd identified, Mr. Miller replied that he doubted it, that the City could probably not satisfy every issue he's capable of finding. • Mr. Miller stated that his desire was to be faced with as little impact from the Fire Station as possible and wanted the City to define its terms and take a position on each item he'd presented. • Sansevere suggested that staff investigate the residential lot line screening issue, as well as, his other complaints, and report back to the Council. Laureen Darling, 1719 Fagerness Point Road, shared a letter she wished to submit to the City encouraging them to investigate an issue with Qwest Communications. She explained that several years ago, Qwest Communications came in to install a new maintenance box near the wetland area. What resulted was a large mess with brush and the wetland was gutted by their work and never repaired. She asked whose responsibility it was to restore the wetland on this property and clean up the mess left behind. Mayor Peterson stated that the property she was referring to was City property and encouraged staff to follow -up. Moorse reminded the Council that item #1, the Resolution for Jan Berg, was not added to the consent agenda. Mayor Peterson moved, White seconded, to adopt RESOLUTION NO. 4946, a Resolution recognizing Jan Berg for 10 years of service to the City of Orono Planning Commission. VOTE: Ayes 5, Nays 0. PAGE 3 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *4. #02 -2840 DAHLSTROM DEVELOPMENT LLC, 2550 WAYZATA BOULEVARD WEST, FINAL PLAT APPROVAL - RESOLUTION NO. 4955 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4955, a Resolution approving the Final Plat for Stonebay subject to staff conditions. VOTE: Ayes 5, Nays 0. *5. #02 -2859 BLAKE AND MARY BICHANICH, 332 WESTLAKE STREET — VARIANCES — RESOLUTION NO. 4956 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4956, a Resolution approving lot width and lot area variances, and denying side yard setback variances to construct a new residence on the property. VOTE: Ayes 5, Nays 0. *6. #03 -2876 SEVIE LANNING, 3329 CRYSTAL BAY ROAD, VARIANCES - RESOLUTION NO. 4957 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4957, a Resolution granting a lot area variance for 3,741 s.f. where 21,780 s.f. is required, a lot width of 50' where 100' is required, setback of 53' from the OHWL of Lake Minnetonka where 75' is required, a rear yard setback of 5' where 30' is required, an encroachment of 8 -11' into the average lakeshore setback, 1,029 s.f. (37.47 %) hardcover within the 0 -75' lakeshore setback zone where none is permitted, and • 420 s.f. (42.21 %) hardcover within the 75' to 250' lakeshore setback zone where 248.75 s.f. (25 %) is permitted, subject to six conditions as presented in the Resolution to construct a new residence on the property. VOTE: Ayes 5, Nays 0. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD — AFTER THE FACT VARIANCES Fred Johnson, the Applicant, was not present. Representing the applicant were Patrick McBride and Todd Knutson, the designer. The new owner, Michelle Chwialkowski, was also present. Bottenberg explained that the applicant, Fred Johnson, was requesting four after- the -fact variances for a second story deck attached to a newly constructed single family residence. The variances required included one that would allow the second story deck located 27.5' from the OHWL of Lake Minnetonka where no structure is allowed; a second story deck encroachment approximately 5' into the average lakeshore setback; a second story deck that is an additional 120 s.f of lot coverage by structures for a total of 1,620 s.f. where 1,500 s.f. was previously approved; and an additional 36 s.f. of hardcover in the 0 -75' setback zone where 2,079 s.f. was previously approved for a total of 2,115 s.f. Bottenberg continued noting that the subject property was purchased by Mr. Johnson in 2000 and the existing residence was demolished to construct a new residence on the property. The Council approved the application and resolution which stated that 3 original copies of a revised survey • PAGE 4 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 • 7:00 o'clock p.m. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued showing the building plans and all proposed hardcover be submitted. However, the building plans submitted showed a different ground level deck, a screen porch, and a second level deck. The building official made notations on the plans regarding the decks. Bottenberg pointed out that the ground level deck was permitted but not the screen porch, not the second story deck, nor the extra portion of ground level deck. The building inspector at the time, Marc Davis, never noted that the decks which were constructed and the decks on the approved plans were not the same, therefore a certificate of occupancy was issued on March 8, 2002. Shortly after the certificate of occupancy was issued, Lyle Oman, the Building Official, noticed the decks. Bottenberg reported that Oman reviewed the plans and contacted the builder, Fred Johnson, by phone and by letter in February and March 2003. On March 17, 2003, the applicant made application for after- the -fact variances for the decks. Bottenberg stated that the Planning Commission reviewed the requested variances and site issues at a public hearing held on Monday, April 21, 2003, during which they recommended by a 7 to 0 vote to: Approve the 36 s.f of additional hardcover in the 0 -75' setback zone for the lower deck. • Deny the additional structure in the 0 -75' setback zone for the second story deck. Deny the encroachment into the average lakeshore setback for the second story deck. Deny the additional lot coverage by structures increasing to 1,650 s.f. for the second story deck. Based on this recommendation, staff recommends removal of the second story deck and requiring the applicant to take steps to make the upper level door safe by adding a railing or permanently blocking it. Because there are two lower level doors exiting the house, staff further recommends retaining the lower level deck with railings as -is, and grant a variance for the additional 36 s.f. hardcover in the 0 -75' setback zone. Sansevere voiced his frustration with the builder for disregarding what the City had told him he could do and building what he wanted anyway. He was disgusted that the applicant had not shown up to any of the scheduled meetings with the City to resolve these issues and left the new owner to take all the heat. While he was not privy to the intimate details of the application, Mr. McBride indicated that his client, Mr. Johnson, felt that the ball was dropped by both sides. Sansevere questioned how the applicant could defend the fact that he built what he wanted and got away with it, and because the City didn't catch him, this justified his actions. Nygard asked why Mr. McBride was present as a representative for the applicant, if he was not familiar with the intimate details of the application and could not comment or provide the • answers that the City was looking for. PAGE 5 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued Sansevere was torn by the fact that it was Mr. Johnson, the builder, who should be penalized for these actions, and not the new homeowners who've been caught in the middle of these circumstances. Mr. Knutson commented that Mr. Johnson had hired his services to make alterations to plans on the interior and draw up decks on the exterior per his instructions. • Mrs. Chwialkowski brought up several key items for consideration with regard to the timeline, first that the permits were granted in May 2001, the final inspection took place in March of 2002 with the certificate of occupancy issued in May of that year. She noted that during the course of construction, 14 independent inspections took place by both the building inspector and building official, and at no time were the improper decks noticed. During the Planning Commission meeting last week, Commissioner Mabusth had suggested that potential new owners check the address file before purchasing a home to try to get a clear understanding of any ongoing issues related to a new home. Mrs. Chwialskowski indicated that she visited the City that day to examine the address file of her property, and found nothing to indicate there was a problem that would have deterred her from purchasing the home. She mentioned that the Commission had also suggested the new owners take civil action against the builder, noting that this would cost a considerable amount of money and time. While she could take action, she maintained that there is a defense due to the confusion with the plans, the 14 inspections, and the final issuance of the • certificate of occupancy. Mrs. Chwialkowski stated that, of course, she is very angry with the builder for causing them this headache. She stated that, as the new owners who have to be stuck with the Council's decision, they really would like to keep the decks, as they were integral reason of their purchasing this small home. Sansevere asked if the City had any recourse against Mr. Johnson for knowingly violating the codes this way. He found it difficult to penalize the new home owners, since the City's own inspectors mistakenly signed off on the home. While no other fining apparatus would be available to the City, Attorney Barrett stated that the City could attempt to file a violation of the building code, but would need to prove intent. Sansevere urged staff to pursue Mr. Johnson and was angry that the applicant had pulled, what appears to be, a fast one on the City and isn't here to address the Council's concerns. He indicated that, ethically, he would need to support the new home owners. Barrett commented that based on a memo, dated 4/10/03, from Lyle Oman to the applicant, clearly a timeline has been established that would support that by June of 2002 the applicant was well aware that his decks were illegal. He added that, the mere fact, that the building inspector is PAGE 6 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued made a mistake would not necessarily be sufficient reason to grant the after - the -fact variances being requested. Murphy, too, wished that Mr. Johnson were present to address the Council's concerns. He pointed out that the residence was given the City stamp of approval, albeit by mistake, we are stuck with the situation at hand and, like many others, the new owners should have the deck grandfathered in to the purchase. Gaffron stated that the exhibits in the file clearly indicate that the decks do not belong on the property, however, an immediate course of action should have been pursued at the time of discovery. Mayor Peterson maintained that a process had begun, via phone calls and contact by the Building Official Lyle Oman, in an effort to require the applicant to conform. On the other hand, she felt there was a lapse of time during which the City failed to force the issue with ongoing contact and the applicant sold the property. With regard to action, Barrett suggested that the rationale for granting the application could focus on sufficient notice given to the applicant, and in doing so, in the future, a document • attachment to the title file could be made that informs people of pending action being taken by the City. He reminded the Council that mistakes will happen. White moved, Murphy seconded, to grant four after - the -fact variances including, one that would allow the second story deck located 27.5' from the OHWL of Lake Minnetonka where no structure is allowed; a second story deck encroachment approximately 5' into the average lakeshore setback; a second story deck that is an additional 120 s.f. of lot coverage by structures for a total of 1,620 s.f. where 1,500 s.f. was previously approved; and an additional 36 s.f. of hardcover in the 0 -75' setback zone where 2,079 s.f. was previously approved for a total of 2,115 s.f. for the construction of a second story deck attached to a newly constructed single family residence located on the property. White questioned whether the City could put an asterisk by the builder's name which would alert the City to his inappropriate behavior when future applications arise. Murphy asked if there were a way to flag a builder's name. While the City could not take any sanctions against a specific builder, Gaffron indicated that they know who the builders are and would be alerted to specific applications when they arose. White added to the motion that, as Attorney Barrett recommended, in future instances, similar to the Johnson application, a document be attached to address files alerting • potential homeowners of lis pendens action being taken by the City against a title. PAGE 7 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued VOTE: Ayes 4, Nays 1, Nygard dissenting, stating that permitting the decks would be the wrong thing to do. 21. SPECIAL EVENTS PERMIT 1. Applicant: Kyle Hunt and Partners, Incorporated Event: 2003 Luxury Home Tour Location: 1745 Concordia Street Date: June 6 -8, 13 -15, & 20 -22 (Fri-Sun) Time: Fri. 1 -7pm; Sat/Sun llam -6pm Mayor Peterson moved, White seconded, to reconsider item #21, Special Events Permit #1 for Kyle Hunt and Partners, Incorporated. VOTE: Ayes 5, Nays 0. As several neighbors from Concordia Street were present to submit a petition from the neighbors regarding objection to the parking proposal for the home tour on Concordia Street, the City Council wished to discuss the matter further. Neighbors Curtis Taets, 1725 Fagerness Point Road; Leif Taubenberger, 1743 Fagerness Point Road; and Laureen Darling, 1719 Fagerness Point Road were present. Mr. Taubenberger stated that he and his neighbors were opposed to parking in front of their homes during the three weekends in June for the Luxury Home Tour and requested that the City Council require the applicant to pursue shuttling options. Murphy noted that it is a difficult parking scenario during three prime weekends in June and asked if the representative of Kyle Hunt had contacted neighbors beforehand. Wendy Bennis, of Kyle Hunt and Partners, indicated that, while shuttling was a possibility, it was an expensive proposition for them and they would prefer not to. The Home tour differs from the Parade of Homes Tour in that visitors purchase $20 tickets to take the tour throughout the Minneapolis area, and they would not expect any more than 20 cars at any given time at the location. She pointed out that they would be providing someone to direct traffic and manage the parking situation, as well as, post no parking signs on one side of the road. She noted that they had contacted the neighbors by letter in mid April. Since the road deadends, Murphy was concerned how people would exit the area without undue congestion. Bennis reiterated that the police department had provided them with a route map for parking that they could pass out to visitors as they enter the neighborhood. PAGE 8 of 14 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. 21. SPECIAL EVENTS PERMIT, Continued Since this would be considered the high time of summer and the residents might be doing their own entertaining these weekends, White recommended that the builder make alternate parking or shuttling plans. In light of their concerns, he felt the City could not support tying up that much time and space for the neighbors. Ms. Darling agreed that they did not need added traffic these weekends. Mr. Taubenberger felt that this traffic, combined with the construction traffic slated for the summer, and any additional entertaining neighbors might be hosting would be too much for the street to handle. Bennis stated that the builder, Kyle Hunt, was sensitive to the neighbors concerns and they would go back to the drawing board to discuss other options. Nygard moved, White seconded, to approve the special events permit for Kyle Hunt and Partners, Incorporated Luxury Home Tour, subject to their supplying the City with an appropriate shuttle plan. VOTE: Ayes 5, Nays 0. *8. #03 -2884 JOHN AND CHERYL FIEBELKORN, 2730 SHADYWOOD ROAD — • VARIANCES — RESOLUTION NO. 4958 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4958, a Resolution approving a lakeshore setback of 68.3' from the OHWL of Lake Minnetonka where 75' is required; 586 s.f. (6.7 %) hardcover within the 0 -75' setback zone where none is permitted (no change from existing); 6,449 s.f. (52.3 %) where 3,085 s.f. (25 %) is permitted hardcover within the 75' to 250' lakeshore setback zone (no change from existing); and an encroachment of 22' into the average lakeshore setback variances to replace an existing lakeside deck that may be up to 482 s.f. in size (or 83 s.f. larger than it currently exists) and still meet the maximum structural coverage (3,157 s.f. of 15% of the lot area) allowed on the lot. The Resolution denies a lot coverage by structure variance. VOTE: Ayes 5, Nays 0. *9. #03 -2887 MINNETONKA CUSTOM HOMES, 4753 NORTH SHORE DRIVE — VARIANCES — RESOLUTION NO. 4959 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4959, a Resolution approving variances for a lot area of .19 acres, lot width of 50' where 100' is required, rear yard (street) setback, 9.34% hardcover in the 0 -75' lakeshore setback zone, 44.85% hardcover in the 75' -250' lakeshore setback zone variances, a 14' setback from the top of the bluff where 30' is required, 7' +/- encroachment into the bluff impact zone where none is permitted, and placing fill in a bluff impact zone where no fill is permitted to construct a new residence on the property, subject to staff conditions. VOTE: Ayes 5, Nays 0. PAGE 9 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. *10. #03 -2888 JIM CUSACK, 4140 HIGHWOOD ROAD — VARIANCE RENEWAL — RESOLUTION NO. 4960 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4960, a Resolution renewing lot width, lot area, hardcover in the 500' -1000' setback zone, and an accessory building without a principal structure variance to construct a new residence on the property. VOTE: Ayes 5, Nays 0. *11. JOINT USE DOCK LICENSES - RESOLUTION NOS. 4961 - 4969 Murphy moved, Sansevere seconded, to adopt RESOLUTION NOS. 4961 - 4969, granting 2003 joint use dock licenses for each of the following nine applicants: • • 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road — Resolution No. 4961 • Kelly Cove Homeowners Association — Resolution No. 4962 • Walter's Port Maintenance & Improvement Association - Resolution No. 4963 • Victoria Estates Homeowners Association - Resolution No. 4964 • Pheasant Lawn Homeowners Association - Resolution No. 4965 • Foxhill Homeowners Association - Resolution No. 4966 • Forest Arms Country Club Addition - Resolution No. 4967 • 460 Tonkawa Road, 500 Tonkawa Road and 550 Tonkawa Road - Resolution No. 4968 • Big Island, Inc. — Resolution No. 4969 • VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT With regard to the comments made by Mr. Miller earlier this evening, Murphy stated that these were just a few from a whole series of issues Mr. Miller has with the City, beginning with the City inadvertently tapping the wrong well. Murphy believed that, while the City could do a better job getting back to Mr. Miller on some issues, he has gone above and beyond trying to search out issues to confront the City with. Murphy noted that Mr. Miller has thoroughly examined the site, trespassing in fact, and his even gone so far as to climb the roof of the Fire Station to investigate his issues. Although this is what Mr. Miller does for a living, Murphy indicated that he relayed to Mr. Miller that Orono is not equipped to deal with all of the issues that he continues to find and drag up. Sansevere stated that the City has no choice but to follow -up and deal with the issues Mr. Miller uncovers. He believed that if the City has made mistakes, it is the City's responsibility to correct them. White concurred stating that, while it is Mr. Miller's right to air his grievances, the Council, having more brains than God gave goats, understands that some of the grievances could have a malicious intent. He cautioned the City to take care in how they answer his questions, or take a position, as he insists. • PAGE 10 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 • 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT, Continued Murphy suggested that staff come prepared with a summary of what the City has done to answer Mr. Miller's concerns. Sansevere asked two questions, first, how the Council would choose to honor athletics, and second, what names would be given to the Council scholarships. Moorse stated that he had called the school to inquire how they honor academics versus athletics and was told that academics were only honored at the end of the school year. White asked what criteria had been established for the scholarship. Sansevere indicated that the only requirements had been that the student be an Orono resident who performed community /public service, and/or had plans to further their education in public service. Murphy questioned whether the City Council would be out of line honoring conference champions or individuals during the course of the year, if the school only honors them at the end of the year. • Sansevere believed honoring achievements could foster community spirit and good relationships between the City and Schools. Moorse suggested adding recognition for achievement as part of the Mayor and Council report. He questioned why the schools didn't do more to honor its own, whereas the City wishes to do SO. Murphy moved, Sansevere seconded, to have the Mayor attend a school assembly /pep fest and award a framed proclamation which honors achievement during the course of the year. VOTE: Ayes 4, Nays 1, Mayor Peterson dissenting. Murphy moved, Sansevere seconded, to reconsider the motion. VOTE: Ayes 4, Nays 1, Nygard dissenting. Murphy noted that road load limits were removed the past week. PUBLIC SERVICE DIRECTOR'S REPORT *12. NPDES PHASE II STORMWATER PERMIT Murphy moved, Sansevere seconded, to approve the City of Orono permit application for a NPDES Phase H Storm Water Permit which includes the City of Orono Storm Water Pollution Prevention • Plan (SWPPP). VOTE: Ayes 5, Nays 0. PAGE 11 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. *13. SCADA SYSTEM — CHANGE ORDER NO. 1 Murphy moved, Sansevere seconded, to approve Change Order No. 1, SCADA System Project to Automatic System Company in the amount of $6,895 for replacement of the Navarre water plant PLC unit. VOTE: Ayes 5, Nays 0. *14. HENNEPIN COUNTY COST PARTICIPATION AGREEMENT FOR COUNTY ROAD 6 TRAIL — RESOLUTION NO. 4970 Murphy moved, Sansevere seconded, to approve RESOLUTION NO. 4970, a Resolution authorizing execution of a cost participation agreement with Hennepin County for the construction of a bicycle trail along County Road 6. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *15. PAY REQUEST — NAVARRE FIRE STATION Murphy moved, Sansevere seconded, to approve the request for payment in the amount of $11,122.32 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 5, Nays 0. • *16. REQUEST FOR HRA TO CALL FOR BOND SALE — RESOLUTION NO. 4971 • Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4971, a Resolution requesting the Orono HRA to call for the sale of bonds to finance the Navarre Fire Station and fire equipment. VOTE: Ayes 5, Nays 0. *17. PERSONAL MATTER A Murphy moved, Sansevere seconded, to approve the staff recommendation regarding the personal matter. VOTE: Ayes 5, Nays 0. *18. PERSONAL MATTER B Murphy moved, Sansevere seconded, to approve the staff recommendation regarding the personal matter. VOTE: Ayes 5, Nays 0. *19. SECOND ADENDUM TO GROUND LEASE AND SUBLEASE WITH THE ORONO SCHOOLS AND THE ORONO BASEBALL ASSOCIATION Murphy moved, Sansevere seconded, to approve the Second Addendum to Ground Lease and Sublease with the Orono Schools and the Orono Baseball Association. VOTE: Ayes 5, Nays 0. • PAGE 12 of 14 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. 20. SCHEDULE SPECIAL COUNCIL MEETING/WORK SESSION With Council support, Moorse set the Regular Work Session for Thursday, May 1, and the Special City Council Work Session for May 6, 2003. CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. * 21. LICENSES Kennel License: 1. Jennifer Vervoort-Smith 2580 Fox Street Special Events 1. Applicant: Steiner & Koppelman Event: 2003 Luxury Home Tour Location: 2795 Pheasant Road Date: June 6 — 8, 13 —15, & 20 — 22 (Fridays, Saturdays & Sundays) Time: Fridays 1:00 p.m. - 7:00 p.m., Saturdays & Sundays 11:00 a.m. - 6:00 p.m. • 2. Applicant: LeGran Homes Event: Fall 2003 Parade of Homes Location: 970 Willow View Drive Date: September 6- October 5, 2003 Time: Noon - 6:00 p.m., Thursdays through Sundays 3. Applicant: Gear West Ski & Bike Event: Duathlon (3 Mile Run / 20 Mile Bike / 3 Mile Run) Location: Orono Middle School and Surrounding Area as designated on map Date: Sunday, May 18, 2003 Time: 7:00 a.m. - 1:00 p.m. • 4. Applicant: Dennis Nelson Event: Wednesday Night Bassin' Fishing Tournament Location: Wayzata Marine — Maxwell Bay Date: Wednesdays - June 11, June 25, July 2, July 16, August 6, August 20, September 3, and September 17, 2003 Time: 4:00 p.m. - 8:30 p.m. Murphy moved, Sansevere seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. PAGE 13 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. • *22. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Sansevere moved, White seconded, to adjourn the Orono City Council Meeting of April 28, 2003 at 8:44 P.M. to the scheduled HRA Meeting. VOTE: Ayes 5, Nays 0. ATTEST: Li da S. Vee, City Clerk PAGE 14 of 14 Barbara Peterson, Mayor • •