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HomeMy WebLinkAbout05-24-2004 Council MinutesI k MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 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, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Council member Bob Sansevere was absent. Mayor Peterson called the meeting to order at 7:01 P.M CONSENT AGENDA 1. Approve /Amend Items #4, 10, 11, 12, 13, 14, 15, 16, and 17 were added to the Consent Agenda. White moved, McMillan seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Reconvened Board of Appeal and Equalization Meeting of May 10, 2004 • White Moved, McMillan seconded, Approving the Minutes of the Reconvened Board of Appeal Meeting Minutes of May 10, 2004 as presented. VOTE: Ayes 4, Nays 0. *3. Regular Council Meeting of May 10, 2004 White moved, McMillan seconded, to approve the Minutes of May 10, 2004, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Rick Rice Rice reported that the Park Commission is continuing their budgeting process for 2004 -2005. He invited City Council members to join the Park Commission on its upcoming park tour tentatively scheduled for July 6, 2004. Rice asked staff when the vacant Park Commission seat would be advertised. Moorse stated that the vacancy would be advertised the following weekend. Murphy suggested that the Park Commission consider monitoring the Excel Energy and DNR tree trimming efforts along the Luce Line trail. He indicated that it was the opinion of many that the trimming had become more of a nondiscriminatory mass cutting, in an effort to rid the trail of exotics, such as buckthorn. While discussions with the DNR and Excel are ongoing, Murphy stated that no progress has been made. • McMillan suggested that the Park Tour include a visit to Saga Hill to view the recent land swap. Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS — Mark Fritzler Fritzler reported that most of the Planning items were contained in the Consent Agenda. He pointed out that the Park Commission and City Council would soon see a developer's request for 7 lots off South Brown Road, in which the issue is the lack of access to the Luce Line. LMCD REPORT — Debora Halvorson No report was given, since representative Halvorson was absent. PUBLIC COMMENTS Former Mayor Ed Callahan, 108 Orono Woods Apartments, stepped forward stating that he had attended a recent meeting at the Tamarack Center with the task force for the tumback of saving Highway 12. He wished to congratulate the City Council for having the foresight to prepare, attend, and take an active role in the turn -back process. In addition, Callahan encouraged the City Council to use the same foresight and preparedness when addressing the problems created by the abandonment of the Vets Camp at Big Island. A past controversy, he explained that this issue has been quiet for many years and poses some critical questions for the City. Callahan urged the City to deter further development on Big Island and instead consider purchasing it, or partnering with the County to purchase the site to become a park. He advised the Council to be concerned and involved in the abandonment of the Vets Camp and 0 • future plans for the parcel. • While an organized group of vets overturned a similar vote in the 1970's, Moorse reported that the Board of Governors had indeed voted to abandon the camp. He believed that public entities would be offered the first opportunity to make a bid for the parcel over the course of the next year. Murphy concurred with Callahan, stating that it would be in the City's best interest to stay on top of this issue to ensure that something irreversible does not happen at Big Island with regard to development. He asked what the plan for accountability at the camp was over the summer. Moorse indicated that they had contacted the Board to suggest they keep some level of security out there this summer. Attorney Barrett stated that, if the site has been officially abandoned, the person holding the title would be responsible for security at the Camp. He indicated that they could begin a title search. Murphy stated that it would be wonderful if the vets rose up again, as they did in the 70's, to overturn the Board's decision. Moorse acknowledged that posting `no trespassing' signs may be warranted. Gerry Timm, 2885 6"' Avenue North, asked whether any progress had been made relative to their driveway zoning situation since the last month. r: Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. • PUBLIC COMMENTS, Continued Moorse stated that staff was in the process of reviewing an amendment to the 5 acre versus 2 acre zoning requirement, which would be forwarded to the Planning Commission for consideration, and then on to City Council for final approval. While he felt the Ordinance to be useful, Murphy stated that the City Council had discussed this item during its recent work session and recommended that consideration be given to lot size. He pointed out that the Timms were also encouraged to look at alternative accesses and where the truck sits on the property. He asked staff whether the Timms would be forced to do anything until an amendment could be made. Barrett stated that the City Council could impose a moratorium on the statute if they were faced with a decision to enforce the statute. Moorse stated that, if the City receives a complaint, it would follow a formal complaint process, which oftentimes takes a month or more. This should be enough time to allow a review of the Ordinance to occur and resolution to be made. A.J. Chaunard, 1975 Central Avenue, Long Lake, stated that, as an employee of First Student Bus Company, he was concerned by the numbers of people speeding, ignoring the bus arm, and even passing the bus on the shoulder on his route within Orono. He indicated that many of the drivers are concerned about this, and the fact that many of the bus stop signs posted on Orono roadways are not visible to motorists due to overgrowth or fading. He recommended that many of the signs • be replaced, or at minimum trimming to unveil them. On a separate matter, Mr. Chaunard stated that he had placed a 911 call over a month earlier and was told he would be contacted by an Orono police officer. He maintained that he never received the follow -up phone call he was promised and demanded to know where the failure occurred. He was concerned that other emergencies might be overlooked and felt he had done his part making the initial call, but a lack of follow - through might also have serious consequences. • Gappa stated that the overgrowth of foliage is handled on a City by City basis. He added that South Brown Road and County Road 15 are county roads and under their jurisdiction for signage and overgrowth. Chaunard stated that he had already made contact with the Long Lake Council, who had also indicated that he needed to visit the affected cities. He requested that the Orono City staff contact the County on behalf of he and other drivers concerned by these matters. On the other matter, Mayor Peterson stated that she could not answer why Mr. Chaunard did not get a response from his 911 call. She directed staff to get his contact information, investigate the allegations, and report back to Mr. Chaunard, as well as the City Council. Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *4. #04 -3002 G &L LAND INVESTMENT, LLC, 740 NORTH ARM DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5182 White moved, McMillan seconded, to adopt RESOLUTION NO. 5182, a Resolution denying retention of the boathouse and approves the 0 -75' land alterations for the property located at 740 North Arm Drive. VOTE: Ayes 4, Nays 0. *5. #04 -3011 DANIELLE STEELE, 4050 BAYSIDE ROAD - VARIANCES — RESOLUTION NO. 5176 White moved, McMillan seconded, to adopt RESOLUTION NO. 5176, a Resolution granting variances to construct a detached garage closer to the front lot line than the principal structure and 75' from the front lot line where a 100' setback is required. VOTE: Ayes 4, Nays 0. *6. #04 -3013 GEORGE FUNK, 540 OLD CRYSTAL BAY ROAD SOUTH — CONDITIONAL USE PERMIT - RESOLUTION NO. 5177 White moved, McMillan seconded, to adopt RESOLUTION NO. 5177, a Resolution granting a conditional use permit for plumbing in an accessory structure for George Funk at 540 Old Crystal Bay Road South. VOTE: Ayes 4, Nays 0. • *7. #04 -3018 KEVIN AND MICHELE KROLCZYK, 65 CYGNET PLACE — VARIANCE - • RESOLUTION NO. 5178 White moved, McMillan seconded, to adopt RESOLUTION NO. 5178, a Resolution granting a lot area variance in order to construct a new single family residence on a lot 1.17 acres in an area where 2 acres is required. VOTE: Ayes 4, Nays 0. 8. #04 -3021 CITY OF ORONO, ZONING CODE REVISIONS — ORDINANCES NO. 9, 10, 11, 12 and 13 White questioned whether there were a number of current entrance monuments that might be affected by this amendment requiring a 40' setback. Gaffron indicated that these monuments would be non - conforming by this new standard. He pointed out that it would be the City's intent to allow the ability for 1 -2 cars stacking at the entrance to be off the traveled roadway. McMillan asked if administrative approval for lot area/width variances would require additional fees. Gaffron stated that they had not established a separate fee for this and likely would not, as it involves minimal staff time. • Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. 8. #04 -3021 CITY OF ORONO, ZONING CODE REVISIONS, Continued White moved, McMillan seconded, to adopt the following ordinances: Ordinance No. 9 amending Zoning Code Section 78 -72 regarding Lots of Record; Ordinance No. 10 amending Zoning Code Section 78 -281 through 78 -300 regarding Lakeshore Residential Districts; Ordinance No. 11 amending Zoning Code Section 78 -1279 regarding Placement of Structures on Lots; Ordinance No. 12 amending the City of Orono Zoning Code Section 78 -1405 regarding Nonencroachments; and Ordinance No. 13 amending Zoning Code Section 78 -1432 regarding Time of Construction. VOTE: Ayes 4, Nays 0. 9. PROPOSED HARDCOVER POLICY — RESOLUTION NO. 5179 Murphy questioned whether policy #la should be revised to specify garage storage of any vehicle, to include boats, in the amendment. Gaffron noted that an attached garage may require an apron and driveway, but a stall on the back side of a house may not require such additions if used for lawn maintenance equipment, etc. Murphy moved, White seconded, to adopt RESOLUTION NO. 5179, a Resolution establishing Policies regarding Minimum Hardcover Standards for Garages, Driveways, Sidewalks, and Similar Property Features. VOTE: Ayes 4, Nays 0. • MAYOR/CITY COUNCIL REPORT White reported that, he and Bob Sansevere, awarded an Orono High School student with the Council's scholarship and plan to award a Mound student as well. He suggested that Council members be made aware of the Community service that each student completed prior to delivering the award. Murphy explained that Former Mayor Jabbour called him Sunday about water problems running over the road on Tonkawa due to construction on a home site there. Gappa indicated that a lakeshore redevelopment project is underway and the contractor has failed to supply the city with a drainage plan or solution to this. Murphy maintained that this could cause a serious problem, since a potential sewer back -up could occur along Tonkawa and he urged staff to investigate before the lift station is affected. McMillan asked how the City could resolve these redevelopment plans with prior approvals regarding potential drainage hazards and demand that these plans be in place. Gappa indicated that they may need to put a stop work order in place and take steps to be more proactive until drainage plans are put in motion. He suggested that the City take steps to stop work until issues are resolved. . Murphy and McMillan both agreed that a stop work order was necessary in this case. Page 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT, Continued Engineer Kellogg stated that given the variety of drainage concerns with new homes, the engineer should spend more time on site, noting that applicant submittals do not always truly show all that is on a site. He felt that contours and surveys don't always supply staff with enough information. PUBLIC SERVICE DIRECTOR'S REPORT *10. STONEBAY STREETLIGHTS AND FEE CREDITS White moved, McMillan seconded, to approve a Stormwater Trunk Fee reimbursement of $84,240 to Dahlstrom Development to be funded from the Stormwater Utility Fund and approval of a budget adjustment for the 2004 Stormwater Utility Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. White moved, McMillan seconded, to approve a Water Connection Fee reimbursement of $44,923 to Dahlstrom Development to be funded from the Water Utility Fund and approval of a budget adjustment for the 2004 Water Utility Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. White moved, McMillan seconded, to approve the Excel Energy Agreement for Kelley Parkway Streetlights in the amount of $91,787 to be funded from the PIR Fund and approval of a budget adjustment for the 2004 PIR Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. • White moved, McMillan seconded, to authorize a Net Fee Reimbursement payment to Dahlstrom Development in the amount of $5,716. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *11. LONG LAKE FIRE RELIEF ASSOCIATION PENSION White moved, McMillan seconded, approving the recommended pension benefit increase to $2,375 per year of service for 2003; and to approve the recommended policy guidelines that provide for future pension benefit increases of 3% in the coming years, subject to the results of continuing periodic financial projections. VOTE: Ayes 4, Nays 0. *12. MULTI -YEAR CONTRACT FOR ASSESSING SERVICE White moved, McMillan seconded, to approve the renewal of the contract with Hennepin County for assessing services for a four year period, ending July 31, 2008, subject to the two language revisions regarding indemnification and termination described within. VOTE: Ayes 4, Nays 0. *13. BUDGET AMENDMENTS FOR YEAR 2003 White moved, McMillan seconded, to approve the 2003 General and Special Revenue Budget Amendments. VOTE: Ayes 4, Nays 0. • Page 6 of 8 r MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. • • *14. 1992 IMPROVEMENT BOND FUND CLOSE OUT - RESOLUTION NO. 5180 White moved, McMillan seconded, to adopt RESOLUTION NO. 5180, a Resolution to Close the 1992 Improvement Bond Debt Service Fund to the 2003 Sewer Refunding Bond Fund. VOTE: Ayes 4, Nays 0. *15. 1998 SEWER CONSTRUCTION FUND CLOSE OUT — RESOLUTION NO. 5181 White moved, McMillan seconded, to adopt RESOLUTION NO. 5181, a Resolution to Close the 1998 Sewer Construction Fund to the 1999 Improvement Bond Debt Service Fund. VOTE: Ayes 4, Nays 0. *16. REQUEST TO LIQUIDATE EXCESS PROPERTY (USED VEHICLES) White moved, McMillan seconded, to declare seven vehicles as surplus property and authorize staff to conduct a sale of the property to the highest bidder through a competitive bid process. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. *17. LICENSES GARBAGE HAULER 1. Blackowiak and Son, Inc. 1195 Sunnyfield Rd. N. Mound, MN 55364 COMMERCIAL KENNEL LICENSE 2. D. Brian Fulmer 3505 Wayzata Boulevard West RESIDENTIAL KENNEL LICENSE 3. Carol Brooks 980 Ferndale Road West 4. Robin Kilbane 495 Oxford Road 5. Don Lindall 666 Tonkawa Road Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 24, 2004 7:00 o'clock p.m. *17. LICENSES, Continued SPECIAL EVENT PERMIT 6. Applicant: Sister Kenny Foundation Event: Second Annual Art Gala and Auction Location: Minnetonka Center for the Arts, 2240 North Shore Drive Date: Wednesday, June 2, 2004 Time: 6:30 p.m. - 10:00 p.m. TEMPORARY ON SALE LIQUOR LICENSE (1 DAY) 7. Sister Kenny Foundation/John Greving Second Annual Art Gala and Auction Wednesday, June 2, 2004 Minnetonka Center for the Arts 2240 North Shore Drive White moved, McMillan seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. *18. BILLS White moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Murphy moved, McMillan seconded, to adjourn the Orono City Council Meeting of May 24, 2004 at 8:13 P.M. VOTE: Ayes 4, Nays 0. ATTEST: in S. Vee, City Clerk Page 8 of 8 Barbara Peterson, Mayor • is •