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HomeMy WebLinkAbout12-08-2003 Council MinutesORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan. Representing staff were City Administrator Ron Moorse, 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 7:03 p.m. CONSENT AGENDA 1. Approve /Amend Items 8, 11, 12, 13, 14, 15, 16, 18, 20, 21, and 23 were added to the Consent Agenda. Sansevere moved, and White seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. • APPROVAL OF MINUTES *2. Minutes of the Regular Council lieeting of November 24, 2003 Sansevere moved, and White seconded, to approve the Minutes of the Regular Council Meeting of November 24, 2003. Vote: Ayes 5, Nays 0. *3. Truth in Taxation Hearing of December 1, 2003 Sansevere moved, and White seconded, to approve the Minutes of the Meeting of Truth in Taxation Hearing of December 1, 2003. Vote: Ayes 5, Nays 0. PUBLIC HEARINGS 4. On Sale and Off Sale 3.2 Percent Malt Liquor License —Paul Ode at 3435 Shoreline Drive Mayor Peterson opened the Public Hearing at 7:07 p.m. • 0 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 4. On Sale and Off Sale 3.2 Percent Malt Liquor License Paul Ode at 3435 • Shoreline Drive — Continued Moorse stated that when staff advertised the date for the hearing, they had assumed all required information would have been provided by the applicant, but it has not yet been provided, therefore, staff's recommendation is to hold the hearing, but not take action on the license. Mayor Peterson asked Mr. Ode if he was aware of the outstanding necessary information. He replied he was not. Mr. Ode stated that he had spoken with Lin Vee and believed everything was in order. Mayor Peterson explained that in a memo dated December 8th, it stated the federal tax id number, proof of liquor liability insurance, and workers' comp id number had not been provided. She stated that the information was required to proceed with a background check, and that Council had been asked to table the application until the above items were submitted to the City. White asked if tabling the application would require Mr. Ode to wait for the next Council meeting for action. Moorse replied he would have to wait until the January 12th meeting. Mr. Ode stated everything required had been applied for, and he had a tLN State tax id number, which he believed would double for the federal id. He had been told that his • applications for workers' comp and liquor liability insurance were accepted. However, he had not been informed that he would need written confirmations for the hearing. Mayor Peterson asked him if he had been notified that there was a problem with his fingerprinting and he would need to be reprinted. Mr. Ode stated he had not been informed of that, but that he has had problems in the past with fingerprinting machinery, as he has worked in the security industry. Murphy stated for the record that the problem was with the live scan system, not vNith Mr. Ode's prints. Mayor Peterson asked if tabling the application would put Mr. Ode off until January 12, 2004. Moorse replied that would be the soonest he could get an action on the application. Sansevere asked if Mr. Ode had not been aware of what paperwork he needed to supply. Mr. Ode stated he was aware of what he needed, and had applied for everything. The only problem was with the turnaround time of the agencies involved, and the fingerprinting. Sansevere asked if they could take action subject to the successful completion of the paperwork. Barrett replied that he was not aware of staff's reasons for requesting the application be tabled, but encouraged Council to follow that recommendation and table the application. is 2 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • 4. On Sale and Off Sale 3.2 Percent Malt Liquor License Paul Ode at 3435 Shoreline Drive — Continued Mr. Ode stated that would create a hardship for him and the current owners of the Navarre Lanes. They had already closed on the sale of the business, but he could not complete the financial arrangements until everything was finalized and he actually took control of the business. Mayor Peterson asked how long the background check would take. Moorse thought it would take a couple of weeks. Ode stated the police had already conducted some of the background check and were satisfied with the outcome. He believed the only problem was with his fingerprints. Murphy stated he would not be comfortable with approving the application until every element was finalized. Barrett stated that he was not comfortable approving the application contingent upon completion of the outstanding applications and background check without knowing staff's reason for requesting it be tabled. The background check could raise another issue and send the application before Council again anyway. Sansevere asked Moorse if he had spoken to Sergeant Kurt Erickson. He replied he had worked with Lin Vee, and so he did not know why Sergeant Erickson recommended tabling the application. Sansevere asked why Mr. Ode didn't have a letter from his insurance agent on the liability insurance. Mr. Ode stated he could have gone and picked up the letter before the meeting, but didn't realize he'd need it for the hearing. White asked if Mr. Ode had been in such a business before. Mr. Ode replied that besides the security industry, he had also owned and operated several restaurants and bars. McMillan stated she agreed with Murphy and was not comfortable with approving the application on a contingency because she felt the application should come before Council for a final approval. Mr. Ode asked what portion of the investigation was not complete. Mayor Peterson replied the memo did not say. White stated that it appeared the background check was clear except for the fingerprints. Sansevere stated that the insurance information had to be provided in written form to the police as well. Mayor Peterson stated that she agreed with McMillan and Murphy about not approving the application with outstanding paperwork. She asked if all the information could be provided prior to the December 16` work session, could Council move on it at the work 0 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 4. On Sale and Off Sale 3.2 Percent Malt Liquor License —Paul Ode at 3435 • Shoreline Drive — Continued session. Barrett replied that Council could take public comment on the matter at the public hearing, and then make a final decision on the 16`h by reopening the item if it were properly posted. Mayor Peterson asked if anyone would like to speak on the matter. There were no public comments. Mayor Peterson closed the public hearing at 7:23 p.m. Sansevere stated that Council could more on the matter on the 16`h, and informed Mr. Ode that all required information had to be submitted in time for them to accommodate him. He stated it was very rare for Council to take action at a work session. Moorse stated that in order to post information, they had to give a 72 -hour notice of a special Council meeting. They would not post the notice before having all the necessary information, so Mr. Ode would have to submit everything by Thursday. Mayor Peterson moved, and Murphy seconded, to table the application of Paul Ode for an On Sale and Off Sale 3.2 Percent Malt Liquor license for Navarre Lanes at 3435 Shoreline Drive. Vote: Ayes 5, Nays 0. 0 5. 2004 Levy Adoption Hearing — Adoption of 2004 Budget and Tax Levy Mayor Peterson opened the public hearing at 7:26 p.m. Moorse stated it was their final hearing on the 2004 Budget and Tax Levy. They had held the Truth in Taxation hearing on December 1, 2003. Only one resident attended who felt the City was being frugal and could possibly spend more money. He stated there were three resolutions before Council for final adoption. Mayor Peterson asked if anyone present had comments. No one did. Mayor Peterson closed the public hearing at 7:30 p.m. White stated that the public should understand that they had a general fund reduction from 2003's expenditure of $11,900, so the City was spending less money than last year. The amount of dollars the City was taking from the tax dollars was reduced by 11.4% from the 2003 rate. 0 0 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • S. 2004 Levy Adoption Hearing Adoption of 2004 Budget and Tax Levy — Continued A. Adopt Final 2003 Levy Collectible in 2004 — Resolution No. 5086 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5086 adopting the Final 2003 Tax Levy Collectible in 2004. Vote: Ayes 5, Nays 0. B. Adopt 2004 General Fund Budget — Resolution No. 5087 White moved, and McMillan seconded, to adopt Resolution No. 5087 adopting the 2004 General Fund Budget. Vote: Ayes 5, Nays 0. C. Adopt the 2004 Special Revenue Funds Budgets — Resolution No. 5088 Mayor Peterson moved, and Murphy seconded, to adopt Resolution No. 5088 adopting the 2004 Special Revenue Funds Budgets. Vote: Ayes 5, Nays 0. PARK COMLNIISSION COMMENTS —DREW MCDERMOTT, • REPRESENTATIVE r� McDermott stated that no one had been found to run the Dakota Rail as a train service, so they were abandoning the project and hopefully turning it into a recreation trail. He noted that Mound and Spring Park were passing resolutions in support of the trail, and Moorse had commented in the newspaper in favor of the trail. He hoped Orono would also pass a resolution. He stated the Parks Commission did not have a December meeting, so there was no new business. White asked if it was necessary to pass another resolution in favor of the trail when they had already passed several in the past. Moorse replied it would be helpful to reiterate their position in support of the recreation trail. Murphy stated that the trail issue had gone on so long, that many parties had changed on city councils and the county board, so he agreed that it was necessary to re -state their position. 5 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 PLANNING COMMISSION COMMENTS —LIZ ILXW1, REPRESENTATIVE • Hawn stated she would not be able to comment on Item 10, 745 Spring Hill Road, as she was an interested party. PUBLIC COMMENTS Charles and Jerri Tim of 2885 County Road 6 were concerned about the City Ordinance passed on November 24th concerning outdoor storage of large vehicles. Mr. Tim stated he was retired Navy and had done his time serving this country, and he could not believe the ordinance was passed without his being notified. He stated the ordinance would destroy his livelihood. He keeps a dump truck parked on his 2 '/2 acre property. He asked that Council rescind the ordinance or grandfather clause his vehicle. He asked the City for permission to get the dump truck 4 -years ago and it had been approved. Gaffron stated that an ordinance was passed at the last council meeting regarding storage of vehicles on private property. Large vehicles stored on private property need to meet a number of performance standards: minimum acreage, minimum setbacks, interior storage, and other things. The Planning Commission had discussed the ordinance and it was adopted by the Council. • Mr. Tim stated the ordinance didn't make sense to him, and he had contacted the attorney general, who also felt it didn't make sense. Mayor Peterson asked Gaffron and Barrett about a grandfather clause, which she said had not really been discussed when the ordinance was passed. Gaffron stated that the use of the vehicle was not being taken away. Storage of the vehicle was not a use, but a performance standard. Mayor Peterson asked what Mr. Tim would have to do to keep his vehicle. Gaffron replied he would have to meet the performance criteria listed in the ordinance. Sansevere stated he was concerned by the fact that Mr. Tim had been approved for the vehicle, and now the ordinance created a hardship for him. Mr. Tim asked why they required a minimum of 5- acres. Gaffron replied that vehicles of that kind create noise and vibrations that disturb the neighbors. On a larger property, the impact is potentially minimized. 0 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • PUBLIC COMMENTS — Continued Gaffron read from the ordinance that parking in a residential district of vehicles in excess of 14,000 pounds requires: a lot size of 5- acres, property owner must be vehicle owner or operator, vehicle must be set back 50' from property lines, must not be visible from neighboring properties and public streets, maintenance shall occur within a closed building, vehicle shall not create a nuisance of any kind, and in a shared driveway situation the City must have on file a signed agreement from all driveway users. White asked if the Tim's share a driveway. Mr. Tim stated that they do. Mrs. Tim stated that they have the property with the barn painted "Class of '04." She stated that Mr. Tim left and returned to the property once each day, and he parks the truck on the south side of the garage. Sansevere asked if the truck could go in the barn. Mr. Tim replied it is not stable enough. Sansevere asked about some kind of grandfathering clause. Barrett stated that this form of regulatory ordinance, in his judgement, did not automatically create a constitutional right to grandfather where a truck is parked on the property. Council could make a decision concerning the issue, but the ordinance itself did not allow for it. • Mayor Peterson asked if Mr. Tim would have to apply for a variance. Barrett stated that Council could amend the ordinance to grandfather or not, as they choose, but the ordinance itself made no allowance for grandfathering. Murphy asked Mr. Tim if his neighbors' had issues with the truck. lair. Tim stated that his neighbor did not like the truck. He stated he tried to be respectful of people. Murphy stated Council should be careful about grandfathering someone without getting all the information they need from any and all concerned parties. He stated that with the 6 -month transition period, there was no need to take action at present. Gaffron stated that there was potential for a variance application, which would involve a public hearing, at which time Council would get the chance to hear from neighbors. Mayor Peterson asked how long the % -'ve lived in their home. Mrs. Tim replied they'd been there nine years, and the neighbor for five. Sansevere asked who they dealt with on staff when they requested permission to get the truck. Mrs. Tim replied that person had moved on, but she had a letter from 2003 concerning an in -home occupation. Sansevere stated that if the City approved his use of the truck, the onus fell on the City to work something out. 0 Mayor Peterson directed staff to review the matter. 7 ORONO CITY COUNCIL MEETING MONDAY, DECENJ BER 8, 2003 PUBLIC COMMENTS — Continued • Mr. Tim asked why they weren't notified of the issue at the November 24th meeting. Gaffron replied that a city -wide ordinance requires notice being published in the newspaper, and there was no requirement to notify individual residents. Murphy stated there are plenty of residents who are happy with the ordinance, and the City can never please everyone. White stated that they want to keep commercial use in the commercial district. Most of Orono lives on small or narrow lots where they are affected by their neighbors. Mrs. Tim asked if they would be fined for continuing to use the truck. White stated they would not; that there is a 6 -month transition period and staff would work with them in the meantime. ZONING ADMINISTRATOR'S REPORT 6. #02 -2858 Scott Standa, 2659 Casco Point Road — Variance — Resolution No. 5089 The applicant was not present. • Gaffron stated that Bruce Vang informed him that the offending deck had been removed, and so the application was functionally withdraw. They could deny the application to make a statement, or could take no action. Barrett stated that the review period had been extended to December 24th, and as they had no formal withdrawal from the applicant, Council should deny the application. He stated that if they took no action, and the applicant came back, it could be automatically approved by the lack of action. Murphy asked if the resolution would be included in a file with the property so that any future owners would see that the City had denied an application for a deck. Murphy moved, and White seconded, to adopt Resolution No. 5089 denying an after - the -fact variance to Municipal Zoning Code Sections 78- 281(A) & (B); 78 -282; 78- 1279; and 78 -1288 to retain the 8' x 12' deck adjacent to the boathouse, and requiring that the deck be removed by January 1, 2004, and requiring that the applicant take whatever reasonable measures may be required by the Orono Building Official to ensure the patio door access adjacent to the deck be left in a safe condition. Vote: Ayes 5, Nays 0. • ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • *7. #03 -2866A David & Judy Zoschke, 2040 Shadywood Road — Appeal of Administrative Decision —Final Action Sansevere moved, and White seconded, that in the appeal by Judy and David Zoschke, #03- 2866A, the City Council hereby confirms the findings and conclusions of the Planning Commission as noted in the staff memo to Council dated December 4, 2003. Vote: Ayes 5, Nays 0. *8. #03 -2943 Robert & Janet Labalt, 3202 North Shore Drive — Variance (Revised Proposal) — Resolution No. 5090 Sansevere moved, and White seconded, to adopt Resolution No. 5090 granting variances to Orono Municpal Zoning Code Sections 78- 330(B), 78 -282, and 78- 1288(B) in order to construct an attached tuck under garage with 2 stories of living space above on the walk -out side of the home attached to the existing one story walk- out home. Vote: Ayes 5, Nays 0. *9. #03 -2951 Judith and James Pierpont, 1849 and 1801 West Farm Road —Lot Line Rearrangement — Resolutions No. 5091 & 5092 • Sansevere moved, and White seconded, to adopt Resolution No. 5091, approving a Subdivision of a Lot Line Rearrangement for Properties Located at 1801 and 1849 West Farm Road, #03 -2951. Vote: Ayes 5, Nays 0. • Sansevere moved, and White seconded, to adopt Resolution No. 5092, approving the Vacation of a Dedicated Drainage & Utility Easement Within Lots 14 & 15, Block 1, The Farm at Long Lake, #03 -2951. Vote: Ayes 5, Nays 0. 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision Gaffron stated that the application was for preliminary plat approval. The 24 -acre property was set back from Spring Hill Road and gained access through two other properties. The property was being subdivided into 3 lots, with the existing house on lot 1, the driveway NNith a loop, tennis court, and guesthouse. The applicant proposed building a new house on lot 2, and leaving lot 3 as a buildable lot. All lots met the standards for the zone as buildable lots with septic. The Planning Commission felt the subdivision was reasonable, but had issues with the access. Lot 3 would require a width variance where it abuts a private road. A small portion of the driveway loop would require a hardcover variance where it comes within G1 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision— • Continued 75' of Lydiard Lake. The applicant proposed a looped driveway to access the three lots, instead of a full cul -de -sac. The roadway system also serves the Hawn property to the north, the Winston old farmhouse and their newer home, the Wildman's current home, and the fifth and potential sixth homes proposed as part of the subdivision. The private road is currently 12 -14' wide. Code requires a road serving more than 3 residences should be 20' wide minimum. Staff spoke to the Fire Marshall. The drive from the road to the new Wildman home would be about a half mile. There is concern that fire vehicles would not be able to reach the proposed homes in case of a fire. Staff was concerned about the Wildman's ability to upgrade the road because it involves easements over other people's property, and because the character of the neighborhood is such that the applicant and the neighbors do not wish to expand the road. The first segment of access is on a cartway that was created in 1882. The second portion is on a 20' wide easement over the Winston property. There is a questionable area where it may encroach over the Hawn property. The cartway is 33' wide, but is a privately maintained cartway, so the applicant could not expand it without permission of the neighbors' to the north. Staff had a letter from the neighbors stating they are not interested in expanding the road at any point in the future. • The Planning Commission concluded that if the applicant was willing and able to place restrictive covenants on the property that would prohibit further subdivision of the property for the next 30 years, they would be OK with not requiring a road upgrade or corridor expansion. Gaffron stated that the applicant discussed the potential purchase of one of the new lots with the Winstons, and it was not clear if any of the parties were comfortable with the 30 -year covenant. The Planning Commission avoided making future subdivision approvals conditioned upon road expansion. The Planning Commission suggested the Parks Commission review the application for park dedication needs. The property is located directly north of the Wood -Rill scientific and natural area. There is no specific need for trails at this time. There is a second dock on the property on Lydiard Lake that has been used by some of the neighbors. Planning Commission felt the dock use should be allowed to continue as is. White asked about the variance issue with the lot access. Gaffron stated that the existing driveway includes a small portion within 75' of the lake, and the applicant would need a variance to extend the driveway to the nevi- lots. It would be necessary to place the drive 10 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision — Continued within the setback zone because of topography and preserving mature trees. McMillan asked about the loop. Gaffron replied that it is one -way and about 12' wide. He felt the fire department would balk at the narrow width. Sansevere asked if access would be possible without traveling across the Hawn property. Gaffron replied that the cartway has wetlands on the south and possibly on the north side as well, so expanding it would have wetland impact. He felt it was questionable whether the applicant could expand the cartway because of the wetlands. Sansevere asked if staff was adamant that the subdivision only happens with road expansion. Gaffron stated that staff wants to avoid creating a situation of substandard lot access along the private road. He stated that the unique situation of the cartway is part of what attracted the residents to the area. He stated that staff was concerned about creating a future liability by not requiring the road be widened, should a house burn down because the fire trucks couldn't reach it. Nina Wildman stated that she would like to build a house on the ridge and sell the exiting • house with 6 acres. She didn't believe there was another buildable site on those 6 acres of property. The Winstons liked the front portion of the property and may purchase it from her. She wanted the lot to be considered buildable for the property value when she sells it off, whether it be to the neighbors or someone else. She stated neither she nor the neighbors want to upgrade the road. She wants the drive to the lots to be as unobtrusive as possible and follow the contours of the land. All of the neighbors have circular drives. ,• Mayor Peterson asked if she and the neighbors would be willing to put sprinklers into all their homes. Eleanor Winston of 765 Spring Hill Road stated that she doesn't want the road to change. She felt the road was safer for being narrow, because traffic moved slower on it. They have had EMS vehicles at her house and so she knew they can access the properties. She was concerned about the wetland impact of widening the cartway. She stated that until 1990 the road did serve 5 houses. They closed off one driveway after the previous subdivision. She noted that circumstances change in the future no matter what provisions are made to accommodate potentialities. She felt upgrading the road would ruin the charm of the area. Liz Hawn, speaking as a neighbor and not as a Planning Commissioner, stated that her feelings were expressed in a letter to the City. She did not object to the subdivision, but did not approve of the road upgrade. She stated she preferred very much to not change the road. 11 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision— , Continued Murphy stated he had walked the road. He did not want to create a fire issue, but agreed with iVirs. Winston's comments regarding the service of the drive. He stated the fire department is trying to find vehicles that can make tighter radiuses. He likes the twists and turns in Orono roadways. The hardest thing the Council has to do is to try to maintain Orono's "rural oasis." He stated he did not want to disturb the way things are, short of creating a liability. McMillan stated that she also visited the road. She found the sightlines to be good along it, and stated it is a pretty drive. She also noted the wetland concerns. The subdivision would create large lots, which she would prefer to maxing out the property with 2 acre lots along a wider road. She stated that as long as the fire department is comfortable with the looped driveways, she was in favor of the application. White stated that the letter from the Hawns made it clear they had control of the easements over their property. The subdivision looked nice, and he found the only issue to be «-ith the road. He lives on a narrow road and the trucks deal with it. He stated that fire trucks are designed to get through whatever they need to. He suggested the residents install home sprinklers. Sansevere stated that the neighbors are unanimous, and he supported the application. • Mayor Peterson stated that she also supported the application and wanted to preserve the character of Orono. She asked what construction vehicles would do to the cartway. Ms. Wildman's builder stated that he had discussed the matter with Ms. Wildman and felt the drive needed some work anyway. He believed the road was sound, and the trucks could cause some extra cracking. They would be sensitive to the spring thaw issues and repair the road after they finished the construction. Barrett stated that the new lots need legal access to the properties, and it should not be a function of having permission from the neighbors to cross their properties. Allen Christy, legal council for the Hawns, stated that he had not had time to review the matter fully, but felt the cartway road would provide for all, up to the 20' easement over the Winston property. The loop at the north would provide access to lots 1 and 3. Lot 2 abuts outlot B, which could provide a 50' corridor to access that lot. Anyone wanting to change a lot in the future would have to come before the City. Barrett stated that as a condition of any preliminary subdivision that legal access over the roads be established to the satisfaction of the City Attorney. He stated that the Hawn's attorney- suggested that a 30' portion of the road across the Hawn property provides • 12 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision — Continued access. Mr. Christy stated that as he understood it, the drive would be within the 20' easement, but he deferred to Mr. Gronberg as it was outside his field of expertise. Mr. Gronberg stated that he would look at that section of the cartway. He believed there was a 16 '' /z' width along each side of the section line, and then it came into the 20' easement. He felt that if the road were expanded, it would have to be expanded into the Hawn property. Murphy asked Barrett if the road were left as is, would he be satisfied that the lots have legal access. Barrett replied that he felt the question had to be addressed as part of the subdivision. Hawn stated that they would not want to grant any easement other than permissive. Gaffron stated they needed to have the surveyor look at that area to verify easements. • Barrett stated that the road as it is traveled needs to be uncontestable by any future owners. He suggested it be a condition of the final subdivision. Gaffron stated they had not put together a preliminary plat resolution because they wanted to resolve issues and know in which direction to head. The document would contain the normal provisions for park dedication, stormwater trunk fee, and address the issues raised in the Planning Commission's memo. He stated staff was looking for conceptual approval from Council. Murphy asked Ms. Wildman's attorney to speak directly to her neighbors concerning the matters of the subdivision. He replied he would do that with Ms. Wildman's consent. Ms. Hawn stated she would appreciate direct communication. Murphy stated that Council was not mandating the Hawns or Winstons do anything at that time. Barrett stated that the main issue to address was that of legal access to the new properties. Gaffron stated that they could declare a 33' cartway from Spring Hill Road to the properties if necessary through a taking. Mr. Christy stated that would be contrary to the neighbors' wishes. • Barrett stated that if they found the subdivision could not be done without a road upgrade, 13 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision— • Continued they would have the option of not doing the subdivision. Murphy stated they were not committing anyone to anything at that point. Sansevere stated that if the neighbors did not support the subdivision, he would not vote for it. Murphy moved, and McMillan seconded, to conceptually approve the subdivision subject to determining the legal easements and property access to the City Attorney's satisfaction, with the requirement that the neighbors work together to address the road issue with the surveyor and City staff, noting that Council approved of the subdivision request and did not want to change the roadway more than necessary, keeping it as is as much as possible. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated that he had received a letter from Jack Riley concerning delays in posting • minutes to the website. Gaffron stated that the minutes cannot be posted until they have been officially approved by the Planning Commission or Council at their next meeting. Sansevere asked if they could post that explanation with the minutes on the website. Moorse suggested if someone needed to know what happened at a meeting before the minutes are posted, s/he could call staff and ask. Sansevere asked if that suggestion could be posted as well. Sansevere stated Mr. Tim's matter distressed him. He felt there should be a way to help the Tims. Mayor Peterson asked if Mr. Tim ran a business from his home. Sansevere stated he is an owner /operator. Murphy stated they should not jump for the first person to complain about an ordinance. He asked if the City had been involved in a squabble between Mr. Tim and his neighbor. Gaffron replied they had. Murphy stated the City should review the neighbor's complaint against Mr. Tim. Gaffron stated they have other large vehicle issues in the City. They tried to address a complaint about Mr. Tim through home occupation, but could not, and that led to the ordinance process. McMillan stated that the majority of Orono residents would like a more civilized look to their neighborhoods. Murphy stated he has mixed feelings about the matter. • 14 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • 11I4 YOR/COUNCIL REPORT — Continued Sansevere stated they should consider the rights of the people who have operated such trucks for years in Orono. McMillan stated that a grandfathering clause would create enforcement issues. Murphy stated that the Mn/DOT highway engineers have been working hard. Mn/DOT has become supportive of the City's needs. They've laid down lots of blacktop recently. They've held construction meetings. Old Crystal Bay Road will be critical. The bridges at Brown Road and Old Crystal Bay Road will be closed for at least 1 1/2 - 2 years because there's no way around it. He stated they have to get people to understand the construction process and what its impacts will be. Murphy stated that there is no money in the budget for road repair in 2004. Murphy stated that the Fire Department voted for officers last week. It came down to a tie, and they are re- voting tonight. Murphy stated that the Long Lake City Council completely supports the fire station partnership. • McMillan stated that Hennepin County agreed to fund the sheriff's budget for 2 additional water patrol officers for 2004. White suggested sending them a thank you letter. • Mayor Peterson stated that she had signed a letter of support for Mark Ducharme, who was up for review with the Excelsior Fire Department, and a letter to the Stubbs Bay movers for their good work. PUBLIC SERVICE DIRECTOR'S REPORT *11. Request for Payment #1— Navarre CR 19 Sidewalk Project Sansevere moved, and White seconded, to approve Request for Payment #1, Navarre CR 19 Sidewalk Project to Schmidt Curb Company, Inc. in the amount of $30,641.78. Vote: Ayes 5, Nays 0. 15 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 *12. Request for Payment #2 —Old Long Lake Sewer Extension • Sansevere moved, and White seconded, to approve Request for Payment #2, Old Long Lake Road Sanitary Sewer Project, to E. J. Mayers, Inc. in the amount of $12,779.40. Vote: Ayes 5, Nays 0. *13. Request for Final Payment — Surface Water Management Plan Sansevere moved, and White seconded, to approve Request for Final Payment for the Surface Water Management Plan to Bonestroo Engineers in the amount of $60,000 to be funded from the Stormwater Utility Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. *14. Minnehaha Creek Watershed Management Model Agreement — Resolution No. 5093 Sansevere moved, and White seconded, to adopt Resolution No. 5093 authorizing the City of Orono to execute an agreement for the use of Minnehaha Creek Watershed Management Model. Vote: Ayes 5, Nays 0. • CITY ADMINISTRATOR'S REPORT *15. Request for Payment #11— Navarre Fire Station Sansevere moved, and White seconded, to approve the requests for payment in the amounts of $4,520.95 to BKV Group, and $1,263.25 to STS Consultants, Inc. to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 5, Nays 0. *16. 2004 Fee Schedule— Ordinance No. 5, Third Series and Summary Ordinance for Publication See item after #22. 17. 2004 Meeting Schedule Murphy suggested that they set up a standing work session meeting time for each month. Council agreed to find a standing date. Sansevere stated he thought they were going to limit the Parks Commission schedule. He 16 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 is 17. 2004 Meeting Schedule — Continued thought Drew McDermott felt they met too often. McMillan stated it should be left up to them. Mayor Peterson suggested they only report to Council once per month, instead of twice. Sansevere moved, and Mayor Peterson seconded, to approve the 2004 Meeting Schedule. Vote: Ayes 5, Nays 0. *18. Council Liaison to Park Commission and Planning Commission Meetings in 2004 Sansevere moved, and White seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 2004. Vote: Ayes 5, Nays 0. 19. 2003 Interfund Transfers and Loan Payments McMillan stated that she kept it off the Consent Agenda because she was not sure about the park land purchase. Moorse stated it was a loan made from the Community • Investment fund to the Park fund to purchase the land for the Navarre Fire Station. He stated they were also paying off a loan for the Hackberry Park improvement. • McMillan moved, and White seconded, to approve the transfers as indicated on the schedule. Vote: Ayes 5, Nays 0. *20. Authorization to Disburse City Funds for Claims Received Sansevere moved, and White seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 22 "d Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 12, 2004 Council meeting. *21. Year 2004 Non -Union Employee Pay and Benefit Adjustments — Resolution No. 5094 Sansevere moved, and White seconded, to adopt Resolution No. 5094 approving Pay Plan Adjustments for Non -Union City Employees for 2004. Vote: Ayes 5, Nays 0. 17 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 22. BCA Furniture Donation • Mayor Peterson stated that Chief Stephanie Good went to the BCA and requested excess office furniture items for donation to the City. McMillan moved, and Mayor Peterson seconded, to accept the donation by the BCA and distribute items as requested. Vote: Ayes 5, Nays 0. McMillan moved, and White seconded, to dispose of worthless items as proposed. Vote: Ayes 5, Nays 0. Item 16 was removed from the Consent Agenda and opened for discussion. 16. City's Fee Schedule for 2004 and Summary Ordinance for publication McMillan asked about the drastic jump in the variance fee. She was uncomfortable with going to $600. Murphy stated he felt $600 was appropriate. Sansevere asked if the jump should be based on a certain percentage for each fee. • Gaffron stated that the fee was about covering the cost of staff time. He stated there was never a reason for the difference in fees between the variance and the CUP fee. $600 was an appropriate fee for the applications based on staff time. Sansevere moved, and Mayor Peterson seconded, to adopt Ordinance No. 5, Third Series adopting the City's Fee Schedule for 2004 and Summary Ordinance for publication. Vote: Ayes 5, Nays 0. *23. Contract Payment to County Assessor Sansevere moved, and White seconded, to approve the first half payment for the 2004 assessment to the County Assessor in the amount of $55,000. Vote: Ayes 5, Nays 0. 23a. Moorse suggested Council pass a resolution in support of the Dakota Rail trail. Murphy moved, and Mayor Peterson seconded, that staff draft and send Resolution No. 5098 in support of the Dakota Rail line being used as a trail, and not as a railroad. Vote: Ayes 5, Nays 0. 40 W.-I • • ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 CITY ATTORNEY'S REPORT was moved after Item 25. 18. LICENSES One Day Gambling Permit — Resolution No. 5095 Orono Elementary PTO Winter Fun Fest —Orono Middle School Saturday, February 7, 2004 Mayor Peterson moved, and Murphy seconded, to adopt Resolution No. 5095 approving a one -day gambling license for the Orono Elementary PTO raffle. Vote: Ayes 5, Nays 0. Annual Liquor Licenses On Sale 3.2 Beer Lakeview Golf of Orono, Inc. 405 North Arm Drive Off Sale 3.2 Beer O'Sullivan's 2420 Shadywood Road O'Sullivan's II 3340 Shoreline Drive On Sale Liquor Narrows Saloon (Orono Liquor, Inc.) 3380 Shoreline Drive Moorse stated that for the last 3 years some issue has come up with his license, like serving underage drinkers. The Police Department suggested warning the applicant that further violations would not be acceptable. Mayor Peterson suggested sending a letter of concern with his notice of approval. Moorse suggested stating that one more violation would result in their not renewing his license next year. Murphy asked if the City had a step -down policy. Moorse stated they had an increase in fines with each violation, and have the same penalties as Long Lake. Mayor Peterson asked if anyone had contacted Mr. Anderst about the Lion's Club pull tab 19 ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 18. LICENSES — Continued license. Moorse stated he would take care of it. McMillan moved, and White seconded, approving the above listed licenses, including a strong letter of warning to be sent to Mr. Anderst of the Narrows Saloon concerning his past violations. Vote: Ayes 5, Nays 0. *25. BILLS Sansevere moved, and White seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT 23b. Authorize Quick Take Condemnation to Get Easement — Resolution No. 5097 • Barrett had a brief report and went to executive session, but requested that Council's action be recorded. is Murphy moved, and White seconded, to adopt Resolution No. 5097 to authorize the City to initiate a quick take condemnation of an easement on the easterly half of an alley located on the property at 1305 Elmwood Avenue in Orono. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:35 p.m. ATTEST: Linda S. Vee, City Clerk 20 Barbara Peterson, Mayor •