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HomeMy WebLinkAbout08-09-2004 Council MinutesV D MINUTES OF THE w ORONO CITY COUNCIL MEETING Monday, August 9, 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 Murphy, Lili McMillan, and Jim White. Council Member Bob Sansevere arrived at 7:52 p.m. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, City Attorney Thomas Barrett, and Recorder Jackie Young, Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items #7, 9, 10, 11, 12, 14, 15, 16, and 17 were added to the Consent Agenda. Murphy moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. RECOGNITION 2. Recognition of Investigator Jim Cornick — Resolution No. 5210 isPolice Chief Stephany Good commended Investigator James Comick for his outstanding dedication to duty. Good stated Investigator James Comick faced imminent death during his investigation of a house fire on July 18, 2004, when he fell through a hazardous dock and nearly drowned. Good stated it was through the immediate life- saving actions of Officer Kyle Russeth that Investigator Cornick was rescued. • Mayor Peterson, on behalf of the Orono City Council and Orono residents, presented Investigator James Comick with a certificate recognizing his outstanding devotion to duty. Formal action on this item follows the City Attorney's Report. 3. Distinguished Service Award — Officer Kyle Russeth — Resolution No. 5211 Police Chief Stephany Good commended Officer Kyle Russeth for his life- saving actions and courage in rescuing Investigator James Comick from imminent death during the early morning hours of July 18, 2004. Mayor Peterson, on behalf of the Orono City Council and Orono residents, presented Officer Russeth with a certificate acknowledging his distinguished service. Investigator Cornick presented Officer Russeth the Life Saving Award for distinguished service. Formal action on this item follows the City Attorney's Report. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. APPROVAL OF MINUTES *4. Regular Council Meeting of July 26, 2004 Murphy moved, Peterson seconded, to approve the Regular City Council minutes of July 26, 2004, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Rick Rice, Representative Rick Rice stated the Park Commission recently completed a tour of the barn located on the Lurton property in order to better assess the condition of the structure. Rice noted ten residents of the Lydiard/Kelly neighborhood were at the Park Commission meeting to express their thanks to the City that the beach in their area has been opened. Rice stated the residents requested the City consider installing a T -dock at the site versus a roll -up dock as well as relocating the restrooms to a less visible spot. Rice noted this area of the lake has recently been cleared of milfoil. Murphy commented that he had been in the area at the time the milfoil was being removed. Murphy inquired whether there were other times when the milfoil could be removed rather than during prime time beach hours. M y, • Rice concurred that it would be better for the users of the beach if the milfoil could be • removed during hours when the beach is not open. McMillan indicated she had spoken to a representative of the LMCD concerning milfoil removal and was informed that the most efficient method of removing the milfoil is to have the equipment brought to a site and leave it there for a full two or three days until the milfoil has been removed rather than doing it in stages. McMillan stated the LMCD is aware of the fact that the neighbors would prefer to have the milfoil removed during hours when the beach is not open but at this time is unable to accommodate that request. Rice stated the residents also requested some posts be installed delineating the beach area from the parking area due to safety concerns. Rice inquired whether a new location could be found for the restroom. White commented the DNR has erected aesthetically pleasing structures around their outdoor restroom facilities, which may improve the situation. Rice noted the Park Commission did not arrive at a solution and would likely be addressing this issue again in the future. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. • PLANNING COMMISSION COMMENTS — Roland Jurgens, Representative Jurgens stated he did not have any comments pertaining to the items on tonight's agenda, but requested a joint work session be scheduled between the Planning Commission and the City Council to discuss the moratorium. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 5. #02 -2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY — PUD AMENDMENT FOR WALL SIGN Gaffron stated Orono Dental Care is requesting a sign permit to allow a wall sign on the southeast wall of the Orono Professional Properties building in addition to the existing 12' 8" monument sign which was previously approved by the Council. Orono Dental Care is requesting a 7' 11" wide, 6' tall internally illuminated wall sign. Gaffron noted the wall sign, along with the existing monument sign, will total less than the maximum sign square footage allowed for this property in the B -6 District. Staff recommends approval of the PUD amendment. is Dr. Karl Berg noted the sign would be located on the southeast side of the building rather than the northwest side as originally proposed. • Murphy stated he was recently in this area during the nighttime hours and had noticed that the night lights on this building are white in color. Murphy commented that the majority of the night lights currently in the City are amber lights, which in his opinion are aesthetically more pleasing than the white lights. Murphy inquired what the rationale is for having amber lights versus white lights, and suggested the City look at requiring the night lights throughout the City be more uniform. McMillan commented she prefers white lights and questioned whether the lighting at this site should be pointed more downward rather than outward. Berg stated he has questioned the architect concerning the lighting on the building and was informed that they do comply with the City's lighting regulations. City Administrator Moorse noted the City would soon be installing a number of lights along Kelley Parkway and that a quick review of this situation would be necessary if any changes are to be made to the color of the lights. Moorse indicated he is unaware of what color lighting has been chosen along Kelley Parkway and would check on the situation. Roland Jurgens, Planning Commission, stated there are two types of night lights available, a mercury vapor light and a high pressure sodium light. Jurgens stated the high pressure sodium lights, which are amber in color, are more efficient. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. (5. #02 -2843 Professional Properties of Orono, Continued) Berg stated it is his understanding the lights need to have a certain number of lumens in order to light up the sidewalk. Berg indicated to his knowledge the lighting complies with City codes. Berg inquired whether additional signage could be mounted on this building in the future. Gaffron stated the property is allowed one square foot of signage per foot of frontage and that currently this property has approximately one -third of the signage allowed under City code. Gaffron noted any additional signage would need to be approved by the City. Moorse recommended that consideration be given to standardizing all of the signs on this building for aesthetic reasons should additional signage be added. White moved, McMillan seconded, to approve the PUD Amendment for a Wall Sign at Professional Properties of Orono, 2765 Kelley Parkway. VOTE: Ayes 4, Nays 0. 6. #04 -3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE — COMMERCIAL SITE PLAN REVIEW Peterson moved, Murphy seconded, to table Application #04 -3029, Michael Keaveny, 3423/3425 Shoreline Drive, per the applicant's request. VOTE: Ayes 4, Nays 0. *7. #04 -3036 JAMES BROOKS, 3785 WATERTOWN ROAD — VARIANCES — • RESOLUTION NO. 5212 Murphy moved, Peterson seconded, to adopt RESOLUTION NO. 5212, a Resolution granting a 12' east side setback variance for the residence located at 3785 Watertown Road. VOTE: Ayes 4, Nays 0. 8. #04 -3038 DARRELL ANDERSON /BRUCE DAYTON, 900/925/965 OLD LONG LAKE ROAD - LOT LINE REARRANGEMENT — RESOLUTION NO. 5213 McMillan inquired why the survey for the lot located at 965 Old Long Lake Road has a different lot size than the number given in the Planner's report. Gaffron stated there is a difference between the gross acreage and the net acreage based on the road right -of -way. Gaffron indicated the applicant's description of the property goes to the center of the roadway and the description of the property to the west goes to the section line north of the road. Gaffron noted the survey does not reflect the right -of -way. Gaffron stated the numbers in the Planner's report are the gross acreages, including the road, and that the lot sizes for both 925 and 965 are less than two acres. Gaffron stated these lots were already substandard sized lots prior to the lot line rearrangement. White moved, McMillan seconded, to approve RESOLUTION NO. 5213, a Resolution granting subdivision of a lot line rearrangement for properties located at 900, 925, and 965 Long Lake Road. VOTE: Ayes 4, Nays 0. • PAGE 4 , MINUTES OF THE . - ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. • MAYOR/COUNCIL REPORT *9. PROCLAMATION — NATIONAL MARINA DAY — RESOLUTION NO. 5214 Murphy moved, Peterson seconded, to approve RESOLUTION NO. 5214, a Resolution Proclaiming National Marina Day 2004. VOTE: Ayes 4, Nays 0. White commented that he had recently contacted a surveyor and inquired about the cost of obtaining a survey for his property. White stated he was quoted a high price for the survey and was told that there are no good survey records in Orono. Gaffron stated most surveyors retain their own records, and if the surveyor was not from this area, they would need to do additional work. Gaffron stated to his knowledge a typical survey with hardcover delineation for this area typically starts at approximately $2000. PUBLIC SERVICE DIRECTOR'S REPORT *10. REPAVE SALT /SAND MIXING AREA Murphy moved, Peterson seconded, to approve repaving the public works salt /sand mixing area by Midwest Asphalt Corporation, Hopkins, Minnesota, at a total cost of $18,800, to be funded from the year 2004 Public Works Department, Contracted Street Maintenance Budget Line Item. VOTE: Ayes 4, Nays 0. • *11. PURCHASE OF PUBLIC WORKS PICKUP TRUCK Murphy moved, Peterson seconded, to approve purchase of Public Works replacement 3/4 ton pickup truck from Polar Chevrolet, North St. Paul, Minnesota, with accessories, at a total cost of $24,027, to be funded from the year 2004 Improvement and Equipment Outlay Fund budget. VOTE: Ayes 4, Nays 0. *12. ASSESSMENT FOR CR6/BROWN ROAD NORTH SANITARY SEWER— RESOLUTION NO. 5215 and 5216 Murphy moved, Peterson seconded, to approve RESOLUTION NO. 5215, a Resolution adopting the Brown Road North /CR 6 sewer project connection charge assessment roll for 2145 Sixth Avenue North. VOTE: Ayes 4, Nays 0. Murphy moved, Peterson seconded, to approve RESOLUTION NO. 5216, a Resolution revising the Brown Road North /CR 6 sewer extension assessment roll for 2100 Sixth Avenue North. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT 13. PURCHASE OF PROPERTY AT 3422 LYRIC AVENUE Moorse stated the property located at 3422 Lyric Avenue, adjacent to the Navarre Park, • has recently become available for purchase. The Parks Commission has recommended the PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. (13. Purchase of Property at 3422 Lyric Avenue, Continued) property be acquired for the purpose of expanding Navarre Park. Moorse stated the City would be able to acquire the property at a price of $195,000, with closing costs and demolition costs expected to make the total cost approximately $215,000. Moorse stated $175,000 would come from the Park Fund, with a loan of $40,000 being made from the General Fund to the Park Fund to help finance this acquisition. Murphy inquired whether all the park dedication fees have been collected from the new development along Highway 12. Moorse stated the $175,000 currently in the Park Fund is from the recently collected park dedication fees for that development. Gaffron noted the City has only collected fees for Phase I of that project. Murphy recommended the City look at other options besides demolishing the house located at this site in an effort to save the demolition costs. Murphy noted the Fire Department has expressed some interest in burning the structure. Moorse stated the City could inquire whether anybody would be interested in salvaging the house, but noted the house is approximately 100 years old and is not in the best of condition. Moorse stated the City is looking at relocating the detached garage. • White indicated there are some organizations the City could donate the structure to, but • recommended the City have an iron -clad agreement with that organization to remove the structure promptly to avoid issues with vandalism. Murphy moved, Peterson seconded, to approve the purchase of the property located at 3422 Lyric Avenue at a cost of $195,000, plus closing costs, total cost not to exceed $215,000, with the recommendation that the City explore alternative methods for removing the residence presently located on the property. VOTE: Ayes 4, Nays 0. McMillan moved, White seconded, to amend the Park Fund budget to reflect the purchase of 3422 Lyric Avenue at a cost not to exceed $215,000. VOTE: Ayes 4, Nays 0. White moved, Murphy seconded, to amend the General Fund budget to reflect a loan of up to $40,000 to the Park Fund, if needed. VOTE: Ayes 4, Nays 0. (Council Member Sansevere arrives at 7:52 p.m.) CITY ATTORNEY'S REPORT City Attorney Thomas Barrett requested an executive session to discuss pending litigation regarding the renting out of docks. is PAGE 6 MINUTES OF THE • - ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. • RECOGNITION #2 Recognition of Investigator Jim Cornick, Continued Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5210, a Resolution of Recognition to Investigator James Cornick. VOTE: Ayes 5, Nays 0. #3 Distinguished Service Award — Officer Kyle Russeth, Continued Sansevere moved, Murphy seconded, to adopt RESOLUTION NO. 5211, a Resolution Bestowing the Life Saving Award for Distinguished Service to Officer Kyle Russeth. VOTE: Ayes 5, Nays 0. *14. APPOINT ELECTION JUDGES FOR SEPTEMBER 14, 2004 PRIMARY ELECTION — RESOLUTION NO. 5217 Murphy moved, Peterson seconded, to adopt RESOLUTION NO. 5217, a Resolution appointing election judges for the primary election to be held September 14, 2004. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT, CONTINUED Sansevere reported he has received a complaint from a citizen that the no parking sign • located on Bohn's Point Road has been replaced with a sign that says no trailer parking. Sansevere stated the neighbors are now experiencing a number of parked vehicles along the roadway and requested that the Public Service Director look into the situation. • *15. REQUEST FOR REASSIGNMENT TO PATROL OFFICER Murphy moved, Peterson seconded, to accept the voluntary return to the rank of patrol officer of Sergeant Jay Dembouski, effective August 16, 2004. VOTE: Ayes 4, Nays 0. *16. ACCEPT RESIGNATION OF PATROL OFFICER JEFF JOHNSON Murphy moved, Peterson seconded, to accept the voluntary resignation of Officer Jeff Johnson effective August 19, 2004. VOTE: Ayes 4, Nays 0. *17. DATABASE CONSULTING FEE AND BUDGET ADJUSTMENT Murphy moved, Peterson seconded, to approve consulting costs of $1,140 to Stephanie Grande, and to thank her for her generous in -kind contribution. VOTE: Ayes 4, Nays 0. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7:00 o'clock p.m. *18. LICENSES • Special Event Permit: 1. Paul Cady Wedding party with music 465 Turnham Road Saturday, August 14, 2004 5:30 p.m. — 1:00 a.m.; music from 8:00 p.m. — 11:30 p.m. Mike Swanson Party with music 3300 Navarre Lane Saturday, August 14, 2004 Noon - midnight; music from 5:00 p.m. -9:30 p.m. John Terrance Homes 2004 Fall Parade of Homes 2462 Sandstone Lane and 653 Sandstone Circle September 11— October 10, 2004 Noon — 6:00 p.m., Thursdays — Sundays Murphy moved, Peterson seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. *19. BILLS • Murphy moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Murphy moved, Peterson seconded, to adjourn the Orono City Council meeting of August 9, 2004, at 7:54 p.m. ATTEST: 4naS. Vee, City Clerk PAGE 8 Barbara Peterson, Mayor • .f