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HomeMy WebLinkAbout05-27-2003 Council Minutes1 3 MINUTES OF THE ORONO CITY COUNCIL MEETING _ - Tuesday, May 27, 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 Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:00 P.M. CONSENT AGENDA 1. Approve /Amend Sansevere added items #11, 12, 13, 14, 15, 17 -26, and 27 A and B to the Consent Agenda. Sansevere moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. OATH OF OFFICE There were none. • APPROVAL OF MINUTES *2. Special Council Meeting of May 6, 2003 Sansevere moved, White seconded, to approve the Minutes of the Special Council Meeting of May 6, 2003 as presented. VOTE: Ayes 5, Nays 0. *3. Reconvened Board of Appeal and Equalization Meeting of May 13, 2003 Sansevere moved, White seconded, to approve the Board of Appeal and Equalization Meeting Minutes of May 6, 2003 as presented. VOTE: Ayes 5, Nays 0. *4. Regular Council Meeting of May 12, 2003 Sansevere moved, White seconded, to approve the Minutes of the Regular Council Meeting of May 12, 2003 as presented. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Debora Halvorson Halvorson had nothing new to report, however, would be available for questions. Mayor Peterson stated that the Council had completed the three Park Commissioner interviews and would be choosing two new appointees by June 9, soon thereafter scheduling a joint work session. PAGE 1 of 11 f MINUTES OF THE ORONO CITY COUNCIL MEETING -" Tuesday, May 27, 2003 7:00 o'clock p.m. • PLANNING COMMISSION COMMENTS - Elizabeth Hawn Although she had nothing new to report, Hawn asked the Council for their suggestions with regard to the Commission's lengthy meetings. She stated that the Planning Commission had been subject to meetings which were extending into late hours, which she felt was unfair to the later applicants, and to the Commissioners. Sansevere encouraged the Commission to tow the line on a time limit and not to spend so much time trying to assist applicants in identifying a hardship. He acknowledged that everyone would like to be a good neighbor and give applicants the opportunity to share their case, but the Commission needs to move on in many of these proposals. As a recent liaison, White stated that the agendas have become very cumbersome and he was concerned that some of the good representatives on the Commission might get burned out. Murphy indicated that, as the latest liaison, he noticed that the first applicant ate up 1.5 hours on old business, while little new information was shared. With full support of the Council, he pointed out that the Commission should limit the presentations of old business to only new information. Murphy suggested the Council and Planning Commission meet to discuss the hardcover and hardship ordinances and philosophy. He maintained that, much of the problem continues to be, too much house proposed for too small lots. While Mayor Peterson recognized Gaffron and Chaput for their efforts to express the limitations to • applicants prior to their meeting with the Commission, she questioned why the applicants continue to push the envelope. She pointed out that the City was spending far more time and money working with the applicants than the permit fees covered. Sansevere questioned whether the City could have more than one Planning Commission meeting on alternate weeks to hear the applications. Attorney Barrett explained that the City could form a subcommittee to hear the applications which would then be reviewed by the Planning Commission, if they felt they wished to add another level to the process. Murphy believed that if the Commission could indicate that there was a time limit to share new information, and stick to it, the meetings would be more reasonable in length. Gaffron agreed that time limits could be imposed to a degree to hold the applicants to; however, the biggest problem has been the evolution of complex issues related to new construction versus remodels with regard to hardcover. Murphy added that, in one case in particular, one applicant insisted repeatedly to share a powerpoint presentation under old business that had been shared its first time around. After denying him the opportunity to repeat the presentation, as a public body, the Commission allowed him to share any new information within his presentation that might be deemed useful by the Commission. • PAGE 2 of 11 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2003 • 7:00 o'clock p.m. PUBLIC COMMENTS There were none. RECOGNITION *5. ORONO "SPIRIT OF COMMUNITY" AWARD — RECOGNITION OF SCHOLARSHIP RECIPIENTS Mayor Peterson congratulated two Orono residents with the Spirit of Community scholarship awards and asked them to tell the Council about their future plans. Dane McFarlane, Orono resident and Mound student, stated that he had been taking college level courses at the University of Minnesota during his junior and senior years of high school and thanked the Council for presenting him with this great opportunity to further his studies in the fall at the University in Electrical Engineering. When asked how many college credits he had accumulated thus far, Dane replied that he would be virtually entering college as a sophomore with 36 credits. Krista Carlson Parupsky, a senior at Orono High School, recently joined the National Honors Society and competed for DECA at the Nationals. She planned to pursue business at Arizona State. White indicated that he had known Krista's family for years and that he believed her family embodied the • spirit of the award and of Orono. • *25. CONSIDER EXECUTION OF A GROUND LEASE AND A LEASE/PURCHASE AGREEMENT RELATING TO THE ISSUANCE BY THE ORONO HRA OF ITS PUBLIC FACILITY REVENUE BONDS — RESOLUTION NO. 4987 Sansevere moved, White seconded, to Adopt RESOLUTION NO. 4987, a Resolution setting out the City's agreement to enter into a ground lease /purchase agreement with the HRA to finance the construction of the Navarre Fire Station. VOTE: Ayes 5, Nays 0. The City's Bond Consultant, Caroline Drude, presented the results of the bond sale, noting that Harris Trust and Savings in Chicago provided the best bid at 2.97 %. She indicated that the projected interest of $596,140 over the life of the bonds, was over $300,000 less than originally planned. To the credit of Orono, its bond ratings is very good, as Moody renewed its AAl rating, just under the highest possible AAA rating. She was very positive and stated that it was a great time to sell bonds if the City had a project ready to move on, as in this scenario. Murphy stated that he continued to be amazed at what Orono has been able to achieve, he credited Administrator Moorse, and in -house staff, for achieving this excellent rating and keeping the City's `house in order'. PAGE 3 of 11 • MINUTES OF THE ORONO CITY COUNCIL MEETING -� - - - - Tuesday, May 27, 2003 7:00 o'clock p.m. • *26. CONSIDER THE AWARD OF THE SALE OF $885,000 GENERAL OBLIGATION SEWER IMPROVEMENT REFUNDING BONDS — RESOLUTION NO. 4988 Sansevere moved, White seconded, to Adopt RESOLUTION NO. 4988, a Resolution regarding the award of the sale of General Obligation Sewer Improvement Refunding Bonds. VOTE: Ayes 5, Nays 0. Caroline Drude, bond consultant, explained that 6 bids were collected, and one chosen at 1.77% from United Bankers Bank. She stated that the total savings net of all costs of issuance, was better than first estimated, with a savings of roughly $56,977. ZONING ADMINISTRATOR'S REPORT 6. #2636 GARY AND SUSAN CABLE, 3532 IVY PLACE — AUTHORIZE LIS PENDENS Gaffron explained that the Cables had been occupying the residence under a Temporary Certificate of Occupancy since April 4, 2001, since Resolution 4671 required removal of the `ice house' prior to issuance of a final Certificate of Occupancy. After inspecting the home in May of 2003, Gaffron indicated that the home contains additional sidewalks and retaining walls not authorized with the original building permits. Total hardcover as existing today would be 800 s.f. over the 25% limit. According to revised building plans, which reduced the size of the house, driveway, and walkways, Gaffron stated that the applicant's hardcover as approved met the 25 % hardcover limitation. It was • concluded that the `ice house' would require a variance to remain since it became an accessory building in the 0 -75' setback zone, and nonconforming. After meeting with the Cables last Friday, Gaffron stated that further removals would be required, remaining issues include; the retaining walls near the tuck under garage, the `ice house', and the driveway /walkways. Gaffron reported that the Council action being requested was to authorize the City to commence legal action to gain compliance, starting with filing of a lis pendens to notify all parties of pending legal action on the property. Attorney Barrett added that, because the property is now for sale, the City would like any potential owner to know about the pending legal action. He stated that the City sent both the current home owner and realtor notice to this affect, explaining that the lis pendens would be removed once the removals were complete. Gary Cable stated that they went through a long process with the City while planning their home and pared down the lot coverage as much as possible. He pointed out that the structure itself was set back further from the street than necessary in order to save some trees on the site. Mr. Cable added that the `ice house' had some historical significance and many of the neighbors had pleaded with them not to remove it. He asked if they could install pavers along part of the driveway to alleviate the hardcover dilemma. He also pointed out that they hoped to purchase another parcel in the City, from which a great deal of hardcover would be removed. • PAGE 4 of 11 I MINUTES OF THE ORONO CITY COUNCIL MEETING - - -- Tuesday, May 27, 2003 • 7:00 o'clock p.m. ( #2636 GARY AND SUSAN CABLE, 3532 IVY PLACE, Continued) After numerous conversations, White stated that the retaining walls and ice house, were still the issues. Gaffron indicated that the Planning Commission heard a presentation with regard to permeable pavers at their recent meeting and were uncomfortable with calling pavers non - hardcover, in order to allow applicants to build more house or expand their hardcover. He indicated that he had reservations, and believed the City would not be doing itself a favor by calling pavers non - hardcover. Since the original plans did not include a driveway for the third stall, Sansevere questioned why the applicant knowingly paved driveway there. Mr. Cable stated that he knew the application did not include the driveway, but that there was a great deal of history. Present during the permeable paver discussion, Murphy found the paver system intriguing, but questioned its durability over the winter months and maintenance. Hawn added that most of the documentation provided for the system came from the south. Murphy asked where the `ice house' discussion stood. He believed the applicants had knowingly installed more hardcover than they were permitted and asked why they shouldn't be required to return it • to the original form of the Resolution. White felt the applicant would be left with quite a mess if they were forced to remove the retaining walls near the drive. Sansevere stated that, if anything, the applicants could file for an after - the -fact variance for the retaining walls, if water erosion proved to be a true hardship. With regard to the `ice house', White stated that he had spoken to people at the historical society and found that Casco Point was one of the earliest settled areas around the lake. Since no surveys have been created, they concurred that the City ought to be careful to preserve these old things, and indicated that they would be willing to come out and assist the City to take a look at the 70 year old `ice house', and other things. Sansevere asked if they could get compliance for the hardcover and note in the lis pendens that the `ice house' was pending investigation. Barrett pointed out that the City had voted to remove the `ice house', adding that a new CUP would need to be filed to reexamine it. Nygard stated that the only issue in front of the Council this evening was to determine whether the City was going to move forward with the lis pendens or not. He voiced his support for the action in order to give the City a legal leg to stand on. PAGE 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING -- - Tuesday, May 27, 2003 7:00 o'clock p.m. • ( #2636 GARY AND SUSAN CABLE, 3532 IVY PLACE, Continued) Gaffron recapped that the applicants would need to remove the driveway and walkway hardcover, file for an after - the -fact variance for the retaining walls, and file a CUP for the `ice house'. Barrett indicated that the lis pendens would contain these three items, which could be removed as they were resolved. Murphy concurred with Nygard, suggesting the City take this action ASAP, since the applicant's home was for sale. Nygard moved, Murphy seconded, to authorize the City to commence legal action to gain compliance, starting with filing of a lis pendens to notify all parties of pending legal action on the property. VOTE: Ayes 4, Nays 0, White Abstaining. Barrett encouraged the applicants to resolve the issues ASAP so as not to deter any potential buyers from their property. Sansevere pointed out that they had been, knowingly, in violation of the application for over one year. David Steingas, of Steiner and Koppelman, suggested the applicants remove an additional 110 s. f. from the driveway, rather than lose their retaining walls. Mayor Peterson stated that she believed the City and applicant could resolve the issues if they continued • to work together. *7. #03 -2883 DENNIS MEYER, 4655 -4685 TONKAVIEW LANE — SUBDIVISION/LOT LINE REARRANGEMENT — RESOLUTION NO. 4981 Sansevere moved, White seconded, to Adopt RESOLUTION NO. 4981, a Resolution approving a lot line rearrangement between the two developed residential lots located at 4655 -4685 Tonkaview Lane. VOTE: Ayes 5, Nays 0. *8. #03 -2891 ERIC AND KAREN PAULSON, 2605 MAPLE RIDGE LANE — VARIANCE — RESOLUTION NO. 4982 Sansevere moved, White seconded, to Adopt RESOLUTION NO. 4982, a Resolution granting a variance to permit construction of an in- ground pool that encroaches 32' into the average lakeshore setback. VOTE: Ayes 5, Nays 0. *9.#03-2892 DANIEL BARTUS, 1001 WILDHURST TRAIL— VARIANCE —RESOLUTION NO. 4983 Sansevere moved, White seconded, to Adopt RESOLUTION NO. 4983, a Resolution granting a lot width variance for 1001 Wildhurst Trail. VOTE: Ayes 5, Nays 0. • PAGE 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING -- -- Tuesday, May 27, 2003 • 7:00 o'clock p.m. *10. #03 -2898 JULIE AND MIKE WHITTINGTON, 1981 FAGERNESS POINT ROAD — VARIANCE — RESOLUTION NO. 4984 Sansevere moved, White seconded, to Adopt RESOLUTION NO. 4984, a Resolution approving the construction of a deck above the existing concrete patio, not exceeding the existing 5,510 s.f. (40.9 %) hardcover in the 75 -250' setback zone, and illustrating 86 s.f. of hardcover removals to the west of the road for the residence located at 1981 Fagerness Point Road. VOTE: Ayes 5, Nays 0. *11. #03 -2903, CITY OF ORONO — ZONING CODE AMENDMENT — PERSONAL WIRELESS SERVICE TOWERS AND ANTENNAS — ORDINANCE NO. 226,2 nd SERIES Sansevere moved, White seconded, to Adopt ORDINANCE NO. 226, 2 °d Series - an Ordinance Amending Orono Zoning Code Sections 10.25, 10.27, and 10.28 Pertaining to Regulations for Construction and Placement of Personal Wireless Service Antennas and Towers. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Sansevere suggested the Council discuss a resolution or ordinance which indicates that people cannot carry a concealed weapon into the City Hall. He felt it was important to post some kind of signage to protect staff and the public. • Moorse indicated that it was not possible for a municipality to alter the legislation like that. Barrett stated that the City could not `enforce' any sign that they posted. Moorse noted that many of these same concerns are coming up elsewhere, and some cities are encouraging their representatives through resolutions etc. to change the legislation. He believed it could be altered during the legislature's special session. While the lave would probably not be changed in the special session, Murphy maintained that much would be altered over the next year. He stated that he would support the City adopting a resolution that says, as a City Council, we are interested in protecting our citizens and City Hall, and that guns are not allowed. He felt the City should stand up and say it does not support this action. Sansevere suggested they post, as City policy, that guns are not allowed. Barrett reiterated that, while the City could make this recommendation, it could not enforce this policy. Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4990 stating that while the City will work to see that the legislation is changed, the Council does not endorse carrying of firearms into public buildings. VOTE: Ayes 3, Nays 2, Nygard and Mayor Peterson opposed. Murphy reported that he had attended, what he described as a disappointing meeting, with the head of the MnDOT right -of -way organization last Friday. He voiced his concern that some of the citizens were not being treated fairly by that organization and also that the values that have been applied to the properties that Orono and Long Lake own, that MnDOT wants to acquire, were not being priced fairly by that • PAGE 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2003 7:00 o'clock p.m. • (MAYOR/CITY COUNCIL REPORT, Continued) organization either. He indicated that his group would continue to work with the organization, as it has for the past several years, in a partnership way. PUBLIC SERVICE DIRECTOR'S REPORT *12. GOLF COURSE CREDIT AND DEBIT CARD POLICY Sansevere moved, White seconded, to authorize the use of Credit and Debit Cards for the payment of Orono Municipal Golf Course fees. VOTE: Ayes 5, Nays 0. Sansevere moved, White seconded, to authorize the use of American Credit Card Services Inc., Mound Minnesota for processing of Credit and Debit Card payments at the Orono Municipal Golf Course. VOTE: Ayes 5, Nays 0. *13. SEASONAL EMPLOYEES FOR THE GOLF COURSE Sansevere moved, White seconded, to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. *14. MN/DOT TRUNK HIGHWAY 12 /OLD CRYSTAL BAY ROAD AGREEMENT — RESOLUTION NO. 4985 • Sansevere moved, White seconded, to approve RESOLUTION NO. 4985, a Resolution authorizing the City to enter into a Cooperative Agreement with MNDOT for the Old Crystal Bay Road pavement rehabilitation project. VOTE: Ayes 5, Nays 0. *15. MN/DOT TRUNK HIGHWAY 12 TRAFFIC SIGNALS AGREEMENT —RESOLUTION NO. 4986 Sansevere moved, White seconded, to approve RESOLUTION NO. 4986, a Resolution authorizing the City to enter into a cooperative agreement with MNDOT for the TH12 traffic signal improvements. VOTE: Ayes 5, Nays 0. 16. NAVARRE COUNTY ROAD 15 CROSSWALK AND BUS SHELTER PROJECT Gappa indicated that he would be distributing the proposed sketch to the public and Navarre store owners and if the City received too many negative comments they might have to rethink the design. Murphy suggested that the narrative accompanying the sketch include language stating that, `as a result of feedback gleaned from the Navarre Town Meeting' or `as a result of public comment from the Navarre Town Meeting...'. Nygard moved, Murphy seconded, to authorize staff to begin work on obtaining easement to move the bus shelter to a new location on the west side of Kelly Avenue. VOTE: Ayes 5, Nays 0. E PAGE 8 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING s - - Tuesday, May 27, 2003 • 7:00 o'clock p.m. *17. REQUEST FOR PAYMENT NO. 1— NAVARRE FIRE STATION SITE IMPROVEMENTS Sansevere moved, White seconded, to approve Request for Payment Number 1, Navarre Fire Station Site Improvements Project to F.F. Jedlicki Inc., in the amount of $56,216.25 with the following cost distribution; Fire Station Fund $53,041.25, Sewer Fund $3,175. VOTE: Ayes 5, Nays 0. *18. NAVARRE FIRE STATION SITE IMPROVEMENTS —CHANGE ORDER NO. 1 Sansevere moved, White seconded, to approve Change Order Number 1, Navarre Fire Station Site Improvements in the amount of $17,250. VOTE: Ayes 5, Nays 0. *19. REQUEST FOR PAYMENT —NORTH ARM PAVING ASSESSMENT PROJECT Sansevere moved, White seconded, to approve Request for Payment North Arm Lane Paving Project to Buffalo Bituminous Inc. in the amount of $19,897.31 VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *20. REQUEST FOR PAYMENT — LONG LAKE FIRE STATION Sansevere moved, White seconded, to approve the requests for payment in the amounts of $164.57 to Earl F. Anderson, and $98.63 to Herc -U -Lift, Inc. to be funded from the Joint Fire Station Account. VOTE: Ayes 5, Nays 0. *21. REQUEST FOR PAYMENT — NAVARRE FIRE STATION Sansevere moved, White seconded, to approve the request for payment in the amount of $22,539.11 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 5, Nays 0. *22. ACCEPT RESIGNATION — CITY PLANNER JENNIFER CHAPUT Sansevere moved, White seconded, to accept the resignation of Jennifer Chaput effective May 30, 2003. VOTE: Ayes 5, Nays 0. *23. AMEND ORONO MUNICIPAL CODE SECTION 5.30, SOLICITORS AND TRANSIENT MERCHANTS — ORDINANCE NO. 227,2 nd SERIES Sansevere moved, White seconded, to adopt ORDINANCE NUMBER 227, 2 °d Series, an Ordinance amending Orono Code Section 5.30, Solicitors and Transient Merchants. VOTE: Ayes 5, Nays 0. Sansevere moved, White seconded, to approve the "Application for Peddler or Transient Merchant License ". VOTE: Ayes 5, Nays 0. PAGE 9 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING - - - - Tuesday, May 27, 2003 7:00 o'clock p.m. • *24. LOGIS POLICE RECORDS ASSESSMENT Sansevere moved, White seconded, to approve the payment of the assessment for the LOGIS Printrak System in the amount of $95,567 plus 3% interest, to be paid to LOGIS over a three year period in 2003, 2004, and 2005. Sansevere moved, White seconded, to adjust the PIR Fund budget to reflect the initial payment to LOGIS in the amount of $31, 856. VOTE: Ayes 5, Nay 0. 25. Discussion Follows Item #5 26. Discussion Follows Item #5 CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. *27. LICENSES A. GARBAGE HAULERS 1. Baldy Sanitation 5906 Henry Street Maple Plain, MN 55359 2. BFI Waste Systems of North America 5 9813 Flying Cloud Dr. Eden Prairie, MN 55347 3. Blackowiak and Son, Inc. 1195 Sunnyfield Road N. Mound, MN 55364 4. Randy's Sanitation 4351 U.S. Hwy 12 SE Delano, MN 55328 Veit Container Corp. 14000 Veit Place Rogers, MN 55374 Sansevere moved, White seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. B. ONE DAY GAMBLING PERMIT — RESOLUTION NO. 4989 1. Hope Chest for Breast Cancer Foundation 3850 Shoreline Drive June 7, 2003, 10:00 A.M. — 2:00 P.M. Sansevere moved, White seconded, to approve RESOLUTION NO. 4989, a Resolution approving the above listed license. VOTE: Ayes 5, Nays 0. PAGE 10 of 11 40 • • MINUTES OF THE ORONO CITY COUNCIL MEETING - - - Tuesday, May 27, 2003 7:00 o'clock p.m. C. SPECIAL EVENT PERMIT 1. Applicant: Steiner & Koppelman Event: 2003 Luxury Home Tour Location: 2795 Pheaseant Road Date: June 6 -8, 13 -15, & 20 -22 (Fridays, Saturdays, and Sundays) Time: Fridays 1:00 P.M. -7:00 P.M., Saturdays & Sundays 11:00 A.M. -6:00 P.M. Discussion surrounding the Friday trash pickup determined that the haulers generally are finished with the neighborhood by noon Fridays. Although Mr. Steingas stated that he wished to be a good neighbor, he stated that the printed material had already been distributed with regard to the lack of Friday shuttle service. He ensured the Council that he would manage the Friday traffic and post signage with regard to parking. Sansevere questioned why they couldn't piggyback their shuttle service from Fletchers with Kyle Hunt builders. Mr. Steingas indicated that this was not included as part of their printed material, although they could post additional signs, the Hunt property was not located near the Pheasant Road property and would not benefit them. As the Friday hours were limited from IPM to 7PM, and shuttle service would be provided for the weekends, the Council believed this would not cause too much strain on the neighborhood. Nygard moved, Murphy seconded, to approve the special event permit for Steiner and Koppleman. VOTE: Ayes 3, Nays 2, Sansevere and Mayor Peterson dissenting. Steingas suggested they proceed with the plan this weekend, and if the City or Steiner and Koppelman feel it is too big a problem, alternate plans could be made for the following weekends. Nygard felt they had gone to great lengths to accommodate the City's concerns. *28. BILLS Sansevere moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Nygard moved, White seconded, to adjourn the Orono City Council Meeting of May 27, 2003 at 8:38 P.M. to the scheduled HRA Meeting. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 11 of 11 Barbara A. Peterson, Mayor