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HomeMy WebLinkAbout09-08-2003 Council Minutes• ROLL 0 • ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, and Jim White. Representing staff were Planning Director Mike Gaffron, 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 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, and 25 were added to the Consent Agenda. Sansevere moved, and Murphy seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of August 25, 2003 Sansevere moved, and Murphy seconded, to approve the Minutes of the Regular Council Meeting of July 28, 2003. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS— DEBORA HALVORSON, REPRESENTATIVE Halvorson stated that the Parks Tour was held on September 2nd with all Parks Commission members and one Planning Commission member in attendance. They visited Seven Nations Park, and would like to award Barb Wohl the Friend of the Parks Award for her role in Seven Nations' development and beautification. They visited Hackberry Park and felt it was the Orono model park. She stated they appreciated all the help they received in developing the park. They also visited the Navarre Fire Station and Casco Point Skate Rink. They discussed expanding the skate rink into the parking lot area. Iof11 ME ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 (PARK COMMISSION COMMENTS, Continued) White stated the rink should not be expanded there because the parking lot gets use as overflow parking whenever events are held on the point. He stated use of the rink as a touch - football field in the fall is informal and that expansion is not necessary for that purpose. Halvorson stated she would take his comments back to the Commission. Halvorson stated they also visited the North Arm trail. There was concern over a neighbor clearing City property along the trail off North Arm Road. The trail runs through his land and he offered to put a rest area on his property with a picnic table for people using the trail. Gappa stated that the trail does run on City property, but the land offered for the rest area did belong to the resident. The last stop on the Planning Commission tour was Bederwood field, and they noted how dry it was. PLANNING COMMISSION COMMENTS — STEPHANIE ZUGSCHWERT, REPRESENTATIVE None. LMCD REPORT —LILI MCMILLAN, REPRESENTATIVE • McMillan stated that buoys would be added around Big Island, creating a horizontal channel about 200' off the shoreline. People would still have room to access the island and anchor in shallow water, but the channel would be kept clear for the water patrol. They planned to try the channel system for one year, and then revise it if necessary. Hennepin County would determine the exact placement of the buoys. They also decided to add a fourth perpendicular channel and to extend those channels all the way to the shore. Sansevere suggested having the sheriff's department in the lane reminding them to keep the emergency lanes clear once the new lanes are added. Murphy asked how many boats on the lake were kept there in slips, and how many were brought in on trailers. McMillan stated she wasn't sure, but had heard that 60% of Minnetonka boats belong to shoreline residents. McMillan stated the LMCD was asking all the lake cities to pass a resolution asking Hennepin County to support the water patrol on Lake Minnetonka. Mayor Peterson stated that Orono definitely supported the water patrol effort. Murphy stated the cities had to let the sheriff's office know they prioritized the water patrol. McMillan stated the lake gets used by a lot of Hennepin County residents, besides the lake city residents. 2of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 • (LMCD REPORT, Continued) Moorse stated that the resolution supporting the water patrol program on Lake Minnetonka had already been passed on the Consent Agenda. McMillan stated the LMCD would continue to work with Hennepin County and would let the Council know how it goes. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 3. #03 -2919 Kevin & Deborah Thompson, 90 Myrtlewood Road— Variances- Resolution No. 5035 Gaffron stated that the applicant was requesting: 1. A setback variance to construct a 996 s.f detached garage /pool house /storage building • 23.1' from the side street lot line where a 50' setback is required; 2. Oversize accessory structure (OAS) variance to allow the new building to be attached to the existing 848 s.f. detached garage via an 11' x 15' (165 s.f.) greenhouse, for a final accessory structure size of 2009 s.f. where no accessory building larger than 1000 s.f. is allowed on a lot of 0 -1.99 acres in area; 3. Setback variance to construct a 20' x 45' (900 s.f.) swimming pool 10' from the side street lot line where a 50' setback is required; 4. CUP for plumbing in an accessory building. 0 Gaffron stated that the Planning Commission recommended approval of the setback variance ( #1), denial of the OAS, greenhouse ( #2) because it would create an accessory structure over 2000 s.f. in size on a lot under 2- acres, approval of a variance to locate the pool 15' (not the proposed 10') from the side street lot line because it is over 750 s.f. but less than 1000 ( #3), and approval of a CUP to allow plumbing in the accessory building ( #4) subject to City code. They recommended requiring the applicant to establish and maintain year -round vegetative screening along the south boundary to reduce the visual impact of the proposed pool and building. Staff wondered whether the 2 -acre standard was appropriate. Over the last five - six years, they've received one application per year for plumbing in an accessory building, about half for lots under 2- acres, and half over. The building inspections department thought they should possibly discuss the importance of having a 2 -acre requirement in the code. Staff recommended approval of the application with the exception of the 3of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 (3. #03 -2919 Kevin & Deborah Thompson, 90 Myrtlewood Road, Continued) • greenhouse attachment. Perhaps the greenhouse could go elseR•here on the property, but the existing garage and new pool house must remain 10' apart from each other. Deborah Thompson was present to answer questions. Mayor Peterson surveyed Council on the setback variance: Council approved of it. Murphy stated that future applicants could point out the present application as a precedent for less than a 50' setback, but stated he did not have a problem with the setback. On the accessory structure: Mayor Peterson stated that the applicant was asking for 2009 s.f. where 1000 s.f. was allowed. Gaffron stated that the Planning Commission was concerned with the visual impact of the building, and that it would look massive with a 70' long fagade that sits at the entrance to Orono. He stated they wanted screening along the pool and building. Murphy asked how the applicant would feel about moving the greenhouse. Mrs. Thompson stated they would be fine without the greenhouse structure. Their intent was to connect the buildings for aesthetic reasons. She added that they calculated the total building at 2000 s.f., and she did not know where the extra 9' came from. Mayor Peterson stated that the connected building would not pass Council and the structures would have • to be built as two separate buildings. On the variance for the pool to be located 15' from the side road setback: Council approved of a 15' setback. On the vegetation screening: Gaffron stated that Planning Commission wanted the view along the south boundary to be softened with year round vegetation, like a half -dozen pine trees. He stated staff could work with the applicants. Mrs. Thompson stated that they had already put screening along the south boundary and would be v- illing to add more. Mayor Peterson asked if the applicant would fence in the pool. Gaffron stated a fence would be an option, but the City did not have a code requiring it. They typically direct people to their insurance carrier. Sansevere suggested they some day visit the issue of fencing pools. On the plumbing of an accessory structure: Gaffron stated that the plumbing would be connected to an existing septic system. Designs are based on the number of bedrooms /people on a property, not the number of fixtures in the buildings. Council approved of the plumbing. Sansevere moved, and White seconded, to adopt Resolution Rio. 5035 granting a variance to Orono Municipal Zoning Code Section 10.28 Subdivision 5(B) to allow 4of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 0 (3. #03 -2919 Kevin & Deborah Thompson, 90 Myrtlewood Road, Continued) construction of a 996 s.f. detached garage /pool house /storage building, 23.1' from the side street lot line where a 50' setback is required; Section 10.28 Subdivision 5(B) to allow the construction of a 20' x 45' (900 s.f.) in- ground swimming pool 15' from the side street lot line where a 50' setback is required; a CUP per Section 10.20 Subdivision 3(Q) for plumbing in an accessory building as proposed; but denies a variance to Section 10.03 Subdivision 9(C)(2) to allow the new building to be attached to the existing 848 s.f. detached garage. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson stated that she and Mr. White attended a groundbreaking ceremony the previous Friday. She thanked the Stonebay Organization for inviting them and beginning a very nice addition to the City of Orono. They expressed appreciation for the City's help in the development process, and Mayor Peterson thanked them for their cooperation with the City. 4. Appointment of New Council Member — Resolution No. 5036 • Mayor Peterson stated that Jay Nygard resigned his seat in early June. The City had eight qualified applicants step forward to offer their service to the City. She stated she hoped the individuals would be open to serving the City in other capacities. 0 The Council's selection criteria included decision making ability and independent thinking, commitment to the best interests of the City, commitment to the overall philosophy of the Comprehensive Plan, a team player, previous involvement in community organizations or City committees that provided positive effort on behalf of the City and its residents. Mayor Peterson moved, and White seconded, to adopt Resolution No. 5036 appointing Lili McMillan to fill the vacancy on the City Council through December 31, 2004. Vote: Ayes 4, Nays 0. White stated that each applicant offered a skill that impressed the Council and they struggled over the decision. Council had to choose based on the issues facing them at the moment, but it was difficult to pass over some applicants. He reminded applicants that they could run for Council during the next election. He also stated they could pursue appointments to other City offices to build experience. Sansevere stated that he would have been comfortable with the appointment of any of the 5of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 (4. Appointment of New Council Member, Continued) • applicants who came forward and hopes the others will get involved with the City in other ways. Mayor Peterson stated that this was the highest quality applicant pool she had seen step forward to fill a vacancy. She thanked them for applying. Murphy stated that he was sure with McMillan's background on the Parks Commission, Planning Commission, and LMCD, she would be a great addition to Council. McMillan thanked Council for their support and stated she is looking forward to working with the Council and serving Orono's citizens. It was determined McMillan would be sworn in at the October 13`h Council meeting. John Hollander thanked Council for their consideration and congratulated McMillan. Moorse stated a letter would be sent to the other applicants. Sansevere suggested they start discussing names for the coming LMCD opening. Murphy stated he and Moorse attended a meeting with Mn/DOT. They reestablished the • monthly meetings with Tom O'Keefe, the Mn/DOT Area Manager. They will be having monthly meetings to keep on top of progress, and anyone is welcome to attend. PUBLIC SERVICE DIRECTOR'S REPORT *5. Adopt Assessment Roll for Heritage Drive Sanitary Sewer Extension — Resolution No. 5037 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5037 adopting the assessment roll for the Heritage Drive Sanitary Sewer Extension Project. Vote: Ayes 4, Nays 0. *6. Adopt Revised Assessment for North Arm Lane Paving Project — Resolution No. 5038 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5038 adopting the North Arm Paving Improvements Assessment Roll. Vote: Ayes 4, Nays 0. 0 6 of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 • *7. Order Feasibility Study for West Farm Sewer — Resolution No. 5039 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5039 ordering preparation of a feasibility report for West Farm Sanitary Sewer. Vote: Ayes 4, Nays 0. *8. Approve Mn/DOT Payment for Old Crystal Bay Road Pavement Project Sansevere moved, and Murphy seconded, to approve payment to Mn/DOT in the amount of $759,147.71 for the Old Crystal Bay Road TH12 to Fox Street Pavement Project to be funded with Municipal State Aid Funds with a budget adjustment to the year 2003 Municipal State Aid Fund Budget to reflect this expenditure. Vote: Ayes 4, Nays 0. *9. Accept Quotation for Stubbs Bay Road Erosion Project Sansevere moved, and Murphy seconded, to accept quotation in the amount of $10,889.00 from Minnesota Native Landscapes, Inc., Foley, Minnesota for completion of the Stubbs Bay Road erosion control project to be funded from the Stormwater Utility Fund with a budget adjustment to reflect the expenditure. Vote: Ayes, 4, Nays 0. • *10. Approve Mn/DOT Payment —TH12 Signals at Brown Road and Old Crystal Bay Road Sansevere moved, and Murphy seconded, to approve payment to Mn/DOT in the amount of $43,200.00 for the City's share of costs for traffic signal improvements at the TH12/Brown Road and Old Crystal Bay Road intersections to be funded from the Municipal State Aid Funds with a budget adjustment to the year 2003 Municipal State Aid Fund Budget to reflect the expenditure. Vote: Ayes, 4, Nays 0. 11. Stonebay Development— Kelley Parkway Streetlights Gappa presented a picture of the style of light fixtures recommended by staff. The lights would have a metal dome and shine down. He stated a white band at the top of the dome could be translucent. Mayor Peterson and White stated they did not want the translucent band at the top. Sansevere stated he approved of the Columbus/Domus style lights as they were presented. Moorse stated that the character of the Stonebay development had been modified so that it would look more appropriate for a lake community with a natural stone front. He stated 7of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 C� (11. Stonebay Development — Kelley Parkway Streetlights, Continued) the development may choose to put an S on their lamps inside the development, but the City street lamps would be plain. Mayor Peterson moved, and Murphy seconded, to approve the Columbus pole and Domus lamp for the Kelley Parkway streetlights and the interior streetlights in the Stonebay Development. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *12. Request for Payment No. 7— Navarre Fire Station Sansevere moved, and Murphy seconded, to approve the requests for payment to Constructive Ideas in the amount of $3,240.00, and to BKV Group in the amounts of $2,432.04, and to STS Consultants in the amounts of $990.35 and $1,022.45, to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 4, Nays 0. *13. Application and Certificate for Payment No. 2— Navarre Fire Station • Sansevere moved, and White seconded, to approve the Application and Certificate for Payment No. 2, in the amount of $198,399.00, to be paid from the Navarre Fire Station Construction Fund. Vote: Ayes 4, Nays 0. *14. Request for Payment —Long Lake Fire Station Sansevere moved, and Murphy seconded, to approve the requests for payment to Mid - Minnesota Wire in the amount of $263.75, and General Office Products in the amount of $209.48, to be funded from the Joint Fire Account. Vote: Ayes 4, Nays 0. *15. Disposal of Surplus Police Vehicles Sansevere moved, and Murphy seconded, to authorize the police department to sell through Soderholm Auction Company one 1998 and two 2000 Ford Crown Victoria squad cars and approve the Soderholm fee structure for their service. Vote: Ayes 4, Nays 0. • 8of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 • *16. Disposal of Surplus Property— Police Department— Resolution No. 5040 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5040 declaring certain property to be abandoned and authorizing the police department to dispose of said property. Vote: Ayes 4, Nays 0. *17. Adopt Preliminary 2004 Tax Levy and Budget — Resolutions No. 5041 and 5042 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5041 adopting the proposed 2003 Tax Levy collectible in 2004. Vote: Ayes, 4, Nays 0. Sansevere moved, and Murphy seconded, to adopt Resolution No. 5042 adopting the proposed 2004 General Fund Budget. Vote: Ayes, 4, Nays 0. *18. Selection of Dates for Truth in Taxation Hearings Sansevere moved, and Murphy seconded, to set the Truth in Taxation Initial Hearing for 5:30 p.m., Monday, December 1, and the Continuation or Subsequent • hearing for 7:00 p.m., Monday, December 8, with both hearings to be held in the Council Chambers. Vote: Ayes, 4, Nays 0. C1 *19. Approve Condemnation Attorney — Corinne Thomson of Kennedy and Graven Sansevere moved, and Murphy seconded, to approve the Retainer Agreement for Legal Services with the firm of Kennedy & Graven, with Corinne Thomson being the principal attorney, and to authorize the City Administrator to sign the agreement. Vote: Ayes, 4, Nays 0. *20. Adopt New Code for the City of Orono — Ordinance No. 1, Third Series Sansevere moved, and Murphy seconded, to adopt Ordinance No. 1, Third Series adopting and enacting a new code for the City of Orono, Minnesota; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. Vote: Ayes, 4, Nays 0. 9of11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 *21. Appraiser for Saga Hill Park Parcels • Sansevere moved, and Murphy seconded, to accept the proposal from BRKW for the appraisal of two parcels for the Saga Hill Park land exchange, at a cost of $4,200.00 to be funded from the Park Fund, and to approve a budget adjustment to reflect the expenditure. Vote: Ayes, 4, Nays 0. *22. Letters of Support for WAFTA Funding Sansevere moved, and Murphy seconded, to authorize the mayor to sign letters regarding the efforts of our congressional delegation regarding funding for the WAFTA site clean up. Vote: Ayes, 4, Nays 0. 23. Citizen Complaint Regarding Drainage and City's Right -of -Way Lane on Ivy Place Moorse stated that the resident was not present and the item was for Council's information only. No action. *24. Continuing Full Funding for Additional Water Patrol Deputies — Resolution • No. 5043 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5043 requesting continuing full funding for additional water patrol deputies. Vote: Ayes, 4, Nays 0. *25. Accept the Resignation of Jack Brinkhaus from his position as Public Works Superintendent Sansevere moved, and Murphy seconded, to accept the resignation for retirement of Jack Brinkhaus from his position as Public Works Superintendent effective September 30, 2003. Vote: Ayes, 4, Nays 0. CITY ATTORNEY'S REPORT None. 10 of 11 • • i • ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, 2003 *26. LICENSES Special Events 1. Applicant: Tony Lund, Stonewood Design Build Event: Fall 2003 Parade of Homes Location: 4535 North Shore Drive Date: September 6 — October 5, 2003 Time: Noon -6:00 p.m., Thursdays through Sundays Sansevere moved, and Murphy seconded, to approve all licenses. Vote: Ayes 4, Nays 0. Mayor Peterson stated that she was not in favor of approving special event permits after the fact, although she left it on the Consent Agenda. Gaffron stated that there was a notice of permit requirement on the builder's application, but it had been ignored. Moorse stated that there was no reason to not approve the permit as the event had gone very well over the previous weekend. Sansevere stated he had attended and they handled the crowds well, and even had a woman directing traffic. *27. BILLS Sansevere moved, and Murphy seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 8:15 p.m. ATTEST: ., Linda S. Vee, City Clerk 11 of 11 Barbara Peterson, Mayor