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HomeMy WebLinkAbout03-08-2004 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 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 White, Jim Murphy, Lill McMillan, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Janice Gundlach, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:01 P.M CONSENT AGENDA 1. Approve /Amend While item #2 was removed from Consent, items #6, 14, 15, and 19 were added to the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. Items 16 and 17 were moved to the top of the meeting. 16. HIRE FULL -TIME POLICE OFFICER Administrator Moorse introduced Chief Good who presented Susan Day for appointment as police officer. Good indicated that Day had met all the necessary requirements and had served as a Community Service Officer for the City of Plymouth the past three years. Mayer Peterson moved, Sansevere seconded to hire Susan Day at the starting rate for patrol officer of $18.62 /hour effective 3/8/04. VOTE: Ayes 5, Nays 0. Moorse swore in Officer Day and the City Council welcomed her to Orono. 17. HIRE FULL -TIME COMMUNITY SERVICE OFFICER (CSO) Chief Good introduced Christopher Pharo for appointment as CSO. Mayor Peterson moved, Murphy seconded, to hire Christopher Michael Pharo for the position of full time Community Service Officer, at the pay of $12.58 /hour effective February 27, 2004. VOTE: Ayes 5, Nays 0. PAGE 1 of 16 (D • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. APPROVAL OF MINUTES 2. Regular Council Meeting of February 23, 2004 Revisions were made on Page 3, 4 "' paragraph, identifying Larry Blackstad as "Commissioner" of the Three Rivers Park District, and Page 7, 7 "' paragraph, revising the sum of $250 "million" to $250,000. McMillan moved, Murphy seconded, to approve the Minutes of February 23, 2004, as amended. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Irene Silber Silber reported that the Orono Baseball Association had requested increased use of Bederwood Park for youth t -ball and it was the consensus of the Park Commission that they ask the City Council to reconsider and revisit the limitations set on Bederwood Park through the appropriate public process, as it appears to be an underused park. In addition, Silber stated that the Commission will be developing a master plan for the Lurton property and establishing a permanent location to relocate the barn this fall. Lurton Park will be serviced by an endowment fund and the Commission felt a more prominent location as the westem boundary to Orono was appropriate. Silber added that the Lurton's will be invited to attend an upcoming Commission meeting to share their vision for the park. PLANNING COMMISSION COMMENTS — Mark Fritzler Fritzler stated that the Planning Commission had recently hosted a joint work session with the Long Lake Planning Commission and City Council to discuss some of the proposed zoning changes along Highway 12. Fritzler pointed out that the face to face meeting was long overdue and it will be their intent to hold similar meetings annually at minimum. LMCD REPORT — Debora Halvorson While Halvorson had nothing new to report, she indicated that the LMCD held the charter boat liquor licenses at 14. She also stated that the DNR had agreed to help with the zebra mussel inspection program at 5 certain landings from mid -May to mid - September and busy holiday weekends. Mayor Peterson asked if a schedule for inspection would be published for distribution. Halvorson indicated that she would expect there to be a schedule. McMillan inquired what the cost of the program was estimated at. Halvorson stated that the $30,000 estimated for the program was included in the budget. PAGE 2of16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road, complimented the City on its new website. Having seen an article in the Star Tribune several months ago about the potential for round - abouts, Kempf asked whether the City was still considering a round -about at Orono Orchard Road and County Road 15. Moorse stated that the City had reviewed this topic in depth with Hennepin County, who had come to the conclusion that it would be more detrimental to slow the 20,000 or so vehicles traveling on County Road 15 in order to allow easier access for 2,000 from Orono Orchard Road. Kempf maintained that traffic from County Road 15 should be slowed at Orono Orchard Road anyway; therefore, a round -about would be a good solution. He also felt round - abouts can add interest to an area with landscaping etc. Murphy stated that he agreed with Kempf, although he was one of few. He believed a round -about would provide an appropriate solution to that intersection. He maintained that something should be done with that corner soon in the fear that something dreadful will happen before the County feels a change is necessary. Kempf stated that he was amazed at how well round - abouts work in other countries and indicated that round - abouts accomplish what a cloverleaf does in a tighter situation. McMillan pointed out that the intersection at County Road 15 and 51 is also bad. . Gappa concurred that the Orono Orchard Road and County Road 15 intersection was a mess, but noted the County has not chosen to present a solution. He stated that the City is stuck in the middle, since the County does not wish to address the intersection. • ZONING ADMINISTRATOR'S REPORT *3. #03 -2923 STEVAN WAGNER, 3609 SHORELINE DRIVE — COMMERCIAL SITE PLAN — RESOLUTION NO. 5123 Murphy moved, White seconded, to adopt RESOLUTION NO. 5123 a Commercial Site Plan Review for the property located at 3607 Shoreline Drive. VOTE: Ayes 5, Nays 0. *4. #03 -2959 TIMOTHY LATTERNER, 2032 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5124 Murphy moved, White seconded, to adopt RESOLUTION NO. 5124, granting amendments to their original hardcover variance in the 0 -75' zone in order to further reduce their existing hardcover by an additional 2.4% by reconstructing their deck to meet the 75' setback from the OHWL, and a side setback variance, in order to reconstruct their deck no closer to the side yard than the existing deck (2.5' where 10' is required). VOTE: Ayes 5, Nays 0. PAGE 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • 5. #03 -2962 ROBERT AND JOAN SWITZ, 1740 SHADYWOOD ROAD — VARIANCE Gundlach reported that the applicants had requested a lot area variance to allow a rebuild on a lot which is .47 acres in size when .50 acres is required and a hardcover variance to allow 38.6% hardcover in the 75 -250' zone when 38.8% currently exists and 25% is normally allowed (also removing 2,050 s.f. of hardcover from the 0 -75' zone). Gundlach explained that this application was heard at the Council meeting of February 9, 2004, during which the applicants were directed to further reduce hardcover to 33 %, or an additional 800 s.f. The applicants have chosen not to reduce hardcover any further than 38.6% and request approval of the plan presented at the Feb. 9 "' meeting. Mayor Peterson indicated that she revisited the property since February 9'h and watched the traffic flow along County Road 19. After this examination, she felt there was legitimate hardship to justify and support the applicants' request to warrant the 38.6% hardcover presented in their proposal to allow for adequate driveway and turn around apron. Sansevere questioned whether there was quantifiable hardship to justify the hardcover request. Gaffron explained that, within the past five years, the City Council has said that total rebuilds must meet a higher standard than remodels. Rebuilds have been consistently held to 25% hardcover, or close to it, which has caused many applicants to significantly change their plans to meet this requirement. Gaffron noted that the hardcover variance, in this application, is related to the size of the home and driveway required to safely access the busy road. In recent years, he pointed out that • the Planning Commission has attempted to quantify hardship based on limits imposed by the shape of a lot. Having taken the lot shape and location into consideration, staff still believes 33% hardcover is appropriate for this situation. He maintained that by varying from this position, the City Council would be inconsistent with what it has ruled in the past and could be setting precedent without adequate support, which in turn makes it impossible for staff to correctly advise future applicants in terms of variance requests. Mayor Peterson pointed out that the home meets the 15% structural coverage limitation as proposed. She believed the Planning Commission was appropriate in voting 6/0 that this was a reasonable request which allowed for sensible driveway and back up space. Gaffron reminded the Council that 15% is a limit, not a right, which in certain situations they should consider further reducing to 12 -13% if necessary to meet hardcover requirements. On the other hand, Gaffron suggested the City consider looking at making code changes based on how big a driveway is necessary in order to support homes on certain roads to be consistent. Mayor Peterson stated that the City Council is generally pretty consistent. White pointed out that, in this specific application, the lake proves to be the hardship. He indicated that the whole house must fit within this zone, which impacts the hardcover. White maintained that, if the City does not consider this request, the poor situation which exists currently will continue indefinitely. He agreed that the road also imposes safety restrictions and warrants additional hardcover. PAGE 4of16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • McMillan was cognizant of Gaffron's statements and agreed that the City must adhere as closely to the code as possible when it comes to rebuilds. She found it difficult to justify 38% hardcover when staff had built in a hardcover credit to the driveway within their recommendation. McMillan reminded the Council that the City needs to adhere to the limitations put into place as it continues to redevelop. Murphy pointed out that the difference between 33% and 38% is merely 800 s.f. Having examined the exhibits and the site, he found it difficult to determine what could be removed from the home or driveway to bring the hardcover to within 33 %. Gundlach stated that more would have to be removed from a limited patio or driveway, since the applicants had maxed the house. Mr. Switz stated that the reality is that the precedent is already out there. He maintained that this is a unique property and that their proposed improvements will be significant, not only reducing the structural coverage to 15 %, but also removing virtually all structure within the 0 -75' zone. He pointed out that they have attempted to work with staff to get a minimal driveway and apron, while maintaining ample space for the home. Switz indicated that hardships exist, as admitted by staff, and accepted by the Planning Commission 6/0 to warrant the amount of hardcover proposed in this application. He pointed out that the Planning Commission fought thru many of these same issues faced by the City Council and came to their unanimous conclusion that this was reasonable. If the home was moved closer to the road to reduce the amount of driveway hardcover this would not make a better situation either. Switz maintained that the City should take the magnitude of the • proposed improvements into consideration along with all of the other factors, since the home will be in conformancy to all but the hardcover condition. He believed that this would be the most consistent conclusion the City could reach, given the other trade -offs, especially since it is the preservation and protection of the lake which takes precedence to all else. LJ Murphy questioned whether the property would indeed be improving the 0 -75' zone situation significantly. Gundlach stated that a significant portion of the current home and deck falls within the 0 -75' zone. Murphy maintained that, since the applicants would be clearing out over 2,000 s.f of hardcover in the 0 -75' zone, and that the variance request generally is impacting the driveway on the street side, he would side with White and Mayor Peterson. Murphy stated that based on the shape of the lot, and the fact that his biggest concern involves the lakeside, he would not wish to cause any safety problems on the streetside by imposing further limitations. Sansevere pointed out that, by Code, applicants do not get `bonus points' for removals within the 0 -75' setback zone. While he wished to give the applicants some leeway to see this proposal to fruition, he asked if the City had a legal obligation to the contrary. Mrs. Switz indicated that during their first visits to the Planning Commission, they were told by staff and the Commission that if they could get the structural cover down to 15 %, they would be given adequate driveway. PAGE 5 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. Gaffron stated that the best that staff ever offers applicants is to present 15% structural cover and ask for a minimal driveway to accommodate it. He encouraged the Council to consider recommending new standards for driveway and parking, when safety is a key factor, as well as, the magnitude of removals in the 0 -75'. Mayor Peterson disagreed with Sansevere that the City would be, in essence, granting `bonus points' for removals. She stated that she had based her recommendation on safety and the fact that this will be a far better situation than what is there currently. She urged staff to craft a resolution that would not be seen as precedent setting and one that hits on the Council's key points in this case. Sansevere asked if the resolution could be crafted to justify a hardship. Gaffron maintained that, once quantified, staff could support 15% structural cover and safe driveway access, however, he questioned whether the City might be opening itself up to people returning from past applications to ask for more. McMillan suggested that the City give consideration to increasing hardcover from 25% to 30 %, if the reality is that the City is continually bombarded by hardcover variance requests. Gaffron noted that if the City wishes to give credence to removals within the 0 -75' zone, there may be justification for upping the coverage within the 75 -250' zone. • Murphy acknowledged that, in this case, the applicants can't be expected to safely back out onto County Road 19. • Mayor Peterson moved, White seconded, to grant a lot area and hardcover variance for 1740 Shadywood Road per the Planning Commission recommendation, directing staff to revise the resolution to reflect the concepts of discussion amongst the Council this evening. VOTE: Ayes 3, Nays 2, Sansevere and McMillan dissenting. *6. #03 -2964 BRUCE AND KRIS PADDOCK, 3250 FOX STREET, EAW PETITION — RESOLUTION NO. 5125 Murphy moved, White seconded, to adopt RESOLUTION NO. 5125finding that the Maxwell Bay Estates subdivision will have no potential for significant environmental effects, and determining that an EAW will not be required. VOTE: Ayes 5, Nays 0. *7. #04 -2968 CUSTOM STRUCTURES LTD., 440 STUBBS BAY ROAD NORTH — LOT LINE REARRANGEMENT — RESOLUTION NO. 5126 Murphy moved, White seconded, to adopt Resolution No. 5126, a corrected version of RESOLUTION NO. 5113. VOTE: Ayes 5, Nays 0. PAGE 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • *8. #04 -2969 TERRY AND GRETCHEN BLOUNT, 1390 CHERRY PLACE — VARIANCE — RESOLUTION NO. 5127 Murphy moved, White seconded, to adopt RESOLUTION NO. 5127 granting hardcover and average lakeshore setback variances for 1390 Cherry Place to allow reconstruction of an existing rotted deck within the 75 -250' zone. VOTE: Ayes 5, Nays 0. Murphy moved, White seconded, to table the request for a conditional use permit for the 0- 75' zone until full engineering review can be completed and the Planning Commission has given their recommendation regarding the plans. VOTE: Ayes 5, Nays 0. 9. #04 -2971 HICKORY FINE HOMES INC., 3220 AND 3240 WATERTOWN ROAD — LOT LINE REARRANGEMENT — RESOLUTION NO. 5128 Gaffron explained that this is a proposed 2 -lot residential re -plat of property located adjacent to Stubbs Bay Creek. In August of 1990, the City of Orono approved the plat for Senn Orono Addition, creating Lot 1 (3240 Watertown Road), Lot 2 and Outlot A (combined as 3220 Watertown Road). The property contains protected wetlands and a protected tributary creek. The plat was approved two years before the adoption of Orono's Shoreland Ordinance (Zoning Code Section 10.56) and one year prior to enactment of the Minnesota Wetland Conservation Act (WCA). Both of these subsequent regulations are applicable to the future development of the properties, and each has significant impacts on their buildability. Gaffron noted that neither lot has • ever been built on. As a result, Gaffron pointed out that the applicants are proposing a complete lot line rearrangement to allow relocation of the proposed driveway (which was never built and now would not be approved in its 1990 configuration due to Shoreland restrictions) and to allow for slight revisions in potential house locations. The new plat is subject to `front lot/back lot' area and setback standards which were also not in effect in 1990. Gaffron noted that the applicant has provided a grading plan and design for the driveway and creek crossing, which requires a number of variances. The plan also indicates proposed house locations and elevations. Gaffron stated that the City Engineer has reviewed the proposal and made comment. Steve Bohl, of Hickory Fine Homes, asked whether they would be responsible for the park dedication fees and stormwater and trunk fees, or whether he could request these fees be waived. Gaffron explained that, since the park dedication fees were paid with the original subdivision, as the Planning Commission recommended, these fees should be reconsidered. On the other hand, he pointed out that the trunk and stormwater trunk fees were not applicable with the first plat and should be considered for the back lot as it is new. Gappa agreed that the City is doing something for the applicant in order to make it a buildable parcel which warrants the fees. PAGE 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March'8, 2004 7:00 o'clock p.m. Bohl stated that it was the intent of the applicant to allow for two residential lots from the beginning, and they have been taxed accordingly. He felt the trunk fees to be excessive for one lot. White moved, Sansevere seconded, to adopt RESOLUTION NO. 5128 granting Preliminary Subdivision Approval for Property located at 3220 -3240 Watertown Road — File no. 2971. VOTE: Ayes 5, Nays 0. 10. #04 -2973 MINNETONKA CUSTOM HOMES, 4753 NORTH SHORE DRIVE — VARIANCE Gundlach stated that the applicant requests the following in conjunction with a previously approved project: A conditional use permit to allow retaining walls to be constructed within 5' of the property line. She explained that the City Engineer visited the site with the City Building Inspector and made specific recommendations which were incorporated as part of a Planning Commission recommendation; however, the applicants are still requesting a conditional use permit to allow the retaining walls to remain within 5' of the property line. Gundlach indicated that staff would recommend denial of the application consistent with City Building Inspector Bruce Vang's comments to allow a 4' setback for a retaining wall when 5' is normally required. Murphy questioned whether allowing the extra foot for the side entrance was a matter of safety. Bob Piper and Steve Sexton, of Minnetonka Custom Homes, indicated that they placed the safety railing inside the block retaining wall. Gaffron pointed out that the original plans the Planning Commission saw showed the entrance facing the street and not a side entrance. McMillan pointed out that there is a drainage problem that needs to be addressed and that is why the Engineer had suggested a 5' separation and construction of a drainage swale instead of retaining walls. White moved, Sansevere seconded, to deny the conditional use permit request to allow a retaining wall within 5' of the property boundary as the plans can be revised to eliminate approval of the conditional use permit, and direct staff to draft a denial resolution for the next regularly scheduled City Council meeting. VOTE: Ayes 5, Nays 0. 11. #04 -2976 JAMES AND JUDITH PIERPONT, 1801 WEST FARM ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5129 Gaffron explained that the Council tabled this item on February 9, 2004 and directed staff to explore ways to allow the kitchen to remain. Gaffron stated that the primary issue is whether to allow retention of the kitchen, or whether even just the sink, will be allowed. He maintained that it has been staff's opinion that the existence of the kitchen is what functionally differentiates a `guest house' from an `accessory building with plumbing', and is what gives the guest house the ability to function as a dwelling. PAGE 8of16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • Gaffron offered three options for consideration: 1. Approve the plumbing in accessory building CUP and require removal of kitchen sink and any other kitchen facilities, require standard covenant execution. 2. Approve the plumbing in accessory building CUP and require removal of all kitchen facilities, and allow the kitchen sink to remain merely as a basin, not as a source of water, by removing its supportive plumbing, require standard covenant execution. 3. Table the application, direct the Planning Commission to make a recommendation regarding a potential code amendment and clarification that would clearly establish CUP standards for various levels of use, based on the applicants' intended levels of use rather than on the extent of facilities provided. • Gaffron reminded the Council that the Code does little to distinguish between the occasional guest use versus the permanent caretaker facility. He noted that the differentiation could be between minimal or total use as the rule distinguishing guest houses. Murphy asked how much time and effort had been devoted to this particular issue. Gaffron pointed out that the Planning Commission has discussed this issue over the past 2 -3 years and found reasonable use would be to allow plumbing for a bathroom for other than dwelling use. Murphy asked if the City could differentiate between periodic visitors versus guest house situations. Gaffron stated that guest house residents have other implications on parking and traffic. In an effort to determine what it would take to turn the guest house into a residence, staff and the Planning Commission found the kitchen facility to be the delineating difference, a kitchen sink, stove and refrigerator. Murphy commented that he found it philosophically difficult to punish people, like the Pierpont's, for being able to potentially use the facility wrong. This presupposes that they will go against the rules and use the facility as it was not intended. Mayor Peterson pointed out that none of this would be an issue today, had the Pierpont's combined the two lots as they were directed to do in 1990. Gaffron noted that, had they been combined, the City would not be faced with this subdivision, because the original guest house CUP was approved subject to combination. Sansevere maintained that he had stayed in a hotel room recently that housed the same kitchen amenities as this guest house and he would not consider it to be a residence. McMillan pointed out that, nonetheless, this is kitchen capable. She stated that Code denotes, even with a substandard kitchen, this is kitchen capable to support guests and is the only way the City can enforce the Code is via the kitchen. Gaffron stated that the sink outside the bathroom, makes it a kitchen. PAGE 9of16 I� U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. If the sink rises to the level as being deemed a kitchen facility, Sansevere stated that, unfortunately, he must side with staff, though he was uncomfortable calling the Pierpont's sink and cooktop a kitchen. McMillan stated that it is also the paperwork trail which is important as the enforcement tool within the CUP. She noted that a future owner might see fit to use the guest house as a permanent facility. Gaffron agreed that if a guest house rises to the use of a dwelling unit the trail allows the City to enforce the Code. Mr. Pierpont indicated that there are several elements within his estate which were deeded as part of his property, including lake access via his property for his neighbors use and a driveway easement for his other neighbor. He suggested that the City establish a covenant with him that says that he won't use this as a guest house. Sansevere asked if this was possible. Gaffron stated that, potentially, the City could establish a covenant with the Pierpont's which would give the City something to enforce if the use was misused. Attorney Barrett interjected that a covenant could be created with any landowner; however, this • would, in essence, be like amending the Code ` willy nilly' without adequate examination. He noted that this could be setting up a precedent inviting other landowners to come forward to request CUP's for guest houses also. • Murphy asked if a covenant would go with the property in perpetuity. Gaffron indicated that covenants remain with the property. Murphy questioned whether the use of a covenant could limit the future use of the guest house in the future. Moorse noted that, if the City had to enforce the guest house rules, the covenant would make it easier to do so. By acknowledging that, if the City found the resident to be using the facility in an unapproved way, the City could come in and force the property owner to remove the plumbing. Murphy asked what would be required of the Pierpont's if they were denied their request. Gaffron stated that the inspector would return to the property to inspect and make sure the expectation of plumbing removals has been met. Pierpont suggested he be limited to a certain number of drains. Gaffron stated that the applicant can be allowed a tub, sink, and toilet. Pierpont stated that he did not wish to rip out the pipes and existing flooring etc. PAGE 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • White moved to adopt Resolution No. 5129 including option #2, approving the plumbing in accessory building CUP and requiring removal of all kitchen facilities, allowing the kitchen sink to remain merely as a basin, not as a source of water, by removing its supportive plumbing, and requiring standard covenant execution be put into place. Mayor Peterson stated that she remembered the 1990 application which made the CUP approval subject to combination. Pierpont questioned why his property could not be `grandfathered' to allow the guest house. He stated that he has an enormous 4 acre plus 2 acre parcel, which has been discounted by a 4/10 of an acre wetland. He indicated that he was offended and believed the City was wrong to disadvantage him the use of his guest house. While Sansevere was empathetic that the kitchen did not fit his definition of a useful facility, he stated that the Code leaves the Council few options. Sansevere seconded. VOTE: Ayes 3, Nays 2, Murphy and Mayor Peterson dissenting. 12. #04 -2984 MCCARTHY CONSTRUCTION ON BEHALF OF BERKSHIRE PROPERTIES, 2745 KELLY PARKWAY — PUD /COMMERCIAL SITE PLAN REVIEW Gundlach explained that the applicant requests a commercial site plan review in order to obtain a . building permit to construct a 36,000 s.f. medical office building. She pointed out that the increased setback from Highway 12 was due to the height of the two story building. Gundlach stated that, while the 159 proposed parking stalls is 3 short of the required 162, the applicants have provided 3 proof of parking stalls within their plan. She noted that the Planning Commission voted 5 -0 approval of the plans as submitted with incorporation of the following staff recommendations and approval from the fire marshal: • 1. Submittal of the shared parking and access arrangement documents prior to the City council review. 2. A revised landscape plan shall be submitted prior to the City Council review which incorporates the comments contained in the staff report. Gundlach indicated that staff would recommend approval of the commercial site plan review incorporating the Fire Marshall's comments, landscape plan, and would further suggest the Council direct staff to execute a PUD /developer's agreement for approval at the next scheduled meeting. Sansevere moved, Murphy seconded, to direct staff to draft a PUD /developer's agreement for approval at the next scheduled meeting. McMillan questioned lighting of the sidewalk and trail. Gundlach stated that the applicant would be responsible for the trail along Kelley Parkway. Gaffron pointed out that development is getting close to the point where construction of the blacktopped sidewalk along Highway 12 will be in order. PAGE 11 of 16 L' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. Mayor Peterson asked whether there was room to construct something other than a flat roof. Murphy pointed out that a hip roof would shield everything north of that structure and he believed that a flat roof structure was appropriate for this location. VOTE: Ayes 4, Nays 1, Mayor Peterson dissenting. MAYOR/CITY COUNCIL REPORT Sansevere stated that he received a call from the Nusbaum's, at 3480 North Shore Drive, over the weekend informing him that their water and drainage situation had worsened. He asked what the City had done for these residents. Moorse explained that the public works crew had constructed a temporary berm or curb to direct the water past the Nusbaum's; however, the water appears to be circling through the neighbor's yard and back onto the Nusbaum's property, since they are the lowest point on the block. Gappa stated that it would behoove the Nusbaum's to build their new garage and correct the slope of the driveway and yard to direct water away from their home and towards the street. He reiterated that they need to raise their yard and garage to slope towards the road. is Mayor Peterson asked whether that the City had allowed the situation to worsen by granting the neighbor's application to build to raise their lot. Murphy questioned whether the City had done all that they could for the time being, and further questioned whether the problem now, more or less, belonged to the Nusbaum's instead of the City. Moorse stated that the City had done just about all that could be done to provide a temporary solution to the problem; however, pointed out that the City is in the process of designing a permanent solution that is to totally regrade that road and get the water out of there. He stated that this will be no easy task. He noted that the elevation has been established for new structures, but they have one old structure that needs to be replaced. Gappa pointed out that the yards along Birch will remain wet, since they are so flat and close to lake elevation. Moorse stated that rather than building a slab at grade, the Nusbaums constructed a crawl space which is continually wet. PAGE 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • Engineer Kellogg pointed out that the neighboring house and grade is unfinished; therefore, no swales have been created to direct water away from their property. He stated that there is no single good solution. Two issues are the elevation of the road at 932' and the lake at 929' which does not allow for much slope for a pipe directing water away from the road and toward the lake. One solution may be to consider 2 catch basins with a crown on the road splitting the drainage in half with one pipe running to the west and one to the south. Murphy asked what an appropriate expectation would be for the Nusbaum's at this point to have from the City. Gappa reiterated that the City has done what it can with a temporary curb, but he was unsure what more they could do right now. Murphy questioned whether the time might come when the Nusbaum's might say the City did not do enough to resolve their issue and is liable for some damage incurred. Attorney Barrett stated that the first rule in Minnesota is that people do have the right to keep water from their property. Although he was unprepared to concede that the City would have liability, he did acknowledge that it seems the residents along this stretch who built these structures did so in something of a flood plain. In his judgment, Barrett believed • the structure of the street alone did not necessarily set up a liability; however, he pointed out that, if so, the City was insured. Mayor Peterson asked if the City could provide the residents with a more permanent solution in the spring. Kellogg stated that, having met with Mrs. Nusbaum and the neighbor, he had explained that the cold mix solution will be a temporary fix until road restrictions are lifted. Until then, he noted that surveyors have gone out and are working on preliminary plans and then it will be a function of how to fund the project and get it done. On a different note, Sansevere mentioned that he was questioned by a Long Lake resident the other night on why Orono had insisted on a two lane rather than a four lane Highway 12. Sansevere told the resident that it was not Orono who had insisted on two lanes, and he urged the Council to correct this misconception being passed along on behalf of Long Lake. Murphy reminded the Council that the Navarre Fire Station Grand Opening was slated for Saturday, March 27, 2004. PAGE 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • Murphy mentioned that, he and McMillan, had attended their 3rd tumback meeting regarding Highway 12. He indicated that they will be proceeding with a joint City Council and Planning Commission meeting to brainstorm what the given cities' expectations are and how they envision the corridor to grow over the next 20 years. McMillan added that they had discussed certain visions and will address these expectations in the joint meeting slated for mid April. Mayor Peterson stated that she had met with Spring Park Council members and suggested they hold a joint City Council meeting with these neighbors in order to get to know each other better. PUBLIC SERVICE DIRECTOR'S REPORT 13. KELLEY PARKWAY STATE AID ROUTE SYSTEM DESIGNATION — RESOLUTION NO. 5130 McMillan moved, White seconded, to approve RESOLUTION NO. 5130 for State Aid Route system changes to remove the .65 mile segment of Stubbs Bay Road north of Watertown Road from the State Aid Route system and to add the .50 mile segment of Kelley Parkway from Old Crystal Bay Road to Willow Drive to the State Aid Route • system. VOTE: Ayes 5, Nays 0. 0 CITY ADMINISTRATOR'S REPORT *14. APPLICATION AND CERTIFICATE FOR PAYMENT NO. 13 — LONG LAKE FIRE STATION Murphy moved, White seconded, to approve a partial payment of $40,650 related to the Application and Certificate for Payment No. 13 from Rochon Corporation, to be funded from the Joint Fire Account. VOTE: Ayes 5, Nays 0. *15. AWARD OF 2004 LIABILITY AND WORKERS COMPENSATION INSURANCE PACKAGE Murphy moved, White seconded, to Award the 2004 insurance package effective January 1, 2004 to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $55,751; comprehensive municipal property and casualty package, $71,674; umbrella excess liability, $16,929; petrofund reimbursement, $244; open meeting law, $510; boiler and machinery, $1,932; surety bonds, $578 and golf course liquor liability, $563. VOTE: Ayes 5, Nays 0. PAGE 14 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. 16. HIRE FULL -TIME POLICE OFFICER - Addressed at the outset of the meeting. 17. HIRE FULL -TIME COMMUNITY SERVICE OFFICER- Addressed earlier. 18. PLANNING COMMISSION APPOINTMENTS Moorse pointed out that there are four applicants who have applied for three positions and a potential alternate position. While all of the candidates proved themselves to be very capable and impressive, Murphy recommended applicants Kempf, Leslie, and Jergens, an applicant with experience as a surveyor. Mayor Peterson moved, Sansevere seconded, to appoint Ralph Kempf to the three Planning Commission term expiring March 31, 2007. VOTE: Ayes 5, Nays 0. Mayor Peterson moved, Murphy seconded, to appoint Roland Jurgens to the three year Planning Commission term expiring March 31, 2007. VOTE: Ayes 5, Nays 0. Mayor Peterson moved, White seconded, to appoint Jim Leslie to the unexpired term • expiring March 31, 2006. VOTE: Ayes 5, Nays 0. Mayor Peterson moved, Murphy seconded, to recommend Bill Peterson to the Planning Commission as an alternate. VOTE: Ayes 5, Nays 0. • McMillan reminded the Council that the topic of Chairs for the Planning Commission also needs to be addressed in upcoming meetings. *19. TAX AND SPENDING LIMITS AND TAXPAYER BILL OF RIGHTS LEGISLATION — RESOLUTION NO. 5131 Murphy moved, White seconded, to adopt RESOLUTION NO. 5131 opposing tax and expenditure limitation proposals. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett informed the City Council that it is his responsibility to represent the City Council, only. He stated that it is his duty to report to the Council on pending litigation, and the absence of said reports is a good thing. PAGE 15 of 16 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. 20. LICENSES RESIDENTIAL KENNEL LICENSE 1. Kevin Garnett 450 Orono Orchard Road 2. LuAnn and David Runkle 2684 Casco Point Road Murphy voiced his concern that the City would approve the kennel license for Mr. Garnett. He stated that it is unnerving at times to see 5 -7 rottweillers and other dogs running the fence line. Mayor Peterson asked if the City had received any complaints that they were aware of. Although there was considerable concern early on, Moorse stated that he was unaware of additional complaints. Murphy moved, White seconded, to approve all licenses. VOTE: Ayes 5, Nays 0. *21. BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of March 8, 2004 at 10:05 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 16 of 16