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HomeMy WebLinkAbout01-12-2004 Council Minutes't ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 9 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 Lih McMillan. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Janice Waataja, City Attorney Sean Simpson, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA I. Approve /Amend Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 were added to the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of December 8, 2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of December 8, 2003. Vote: Ayes 5, Nays 0. *3. Minutes of the Special Council Meeting of December 16, 2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Special Council Meeting of December 16, 2003. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — DEBORA HALVORSON, REPRESENTATIVE Halvorson stated that the Parks and Trails board met on January 5th. They all appreciated the work session held with Council. They discussed the ice rinks at Casco Point and • ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 PARK COMMISSION COMMENTS DEBORA HALVORSON, R E PR E S E N TA T I VE — Continue d Hackberry Park. They were opened for winter break. The golf course had not opened its warming house, however, because there was not enough snow for sledding. They discussed prioritizing projects over the next five years. They will be doing an inventory of park equipment, including the current value of each item. White suggested listing the ages of equipment on the inventory. Halvorson stated the inventory will help them budget for maintenance over the next twenty years. She also stated they hope to encourage community involvement in smaller projects. McMillan stated that she attended the meeting. Murphy stated he didn't realize the golf course had winter hours. Halvorson replied the course is open for sledding at all times, but the warming house keeps hours. Mayor Peterson announced that Halvorson will be the new City representative to the LMCD. Halvorson thanked Council for their support. PLANNING COMMISSION COMMENTS —LIZ HAWN, REPRESENTATIVE • None. PUBLIC COMMENTS Mrs. Winston of 765 Spring Hill Road asked if the City has a committee looking into the historical value of properties around Orono, concerning preservation. She stated there is grant money available for preservation projects. White stated that they do not have an inventory, per se, but that Gaffron notifies Council when there is something before them of significant age. He stated that they have discussed the need for preservation, but there are other pressing priorities at this time. Sansevere and Murphy suggested preservation projects could fit in as a Parks Commission duty. ZONING ADMINISTRATOR'S REPORT Fa 4 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 4. #02 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Plat Approval — Resolution No. 5099 Gaffron stated that Council had approved the concept of the proposed subdivision with no requirement to upgrade the existing road outside the property boundaries, and with no requirement to dedicate wider right -of -ways for the existing road outside the property boundaries, subject to further discussion among all parties to clear up access /easement issues, and directed staff to draft a resolution. The applicant's surveyor indicated that the traveled, paved portion of the driveway curves to the south before reaching the Hawn property east of the end of the cartway. It would appear that there is no undue encroachment of the Hawn property. He also notes that within the Winston property, the driveway appears to extend outside the boundaries of its dedicated easement. This will have to be rectified prior to final plat approval by moving the driveway or re- defining the easement. Staff has some concern that the 12' proposed paved width of the one -way private road loop in Outlot A may need to be widened for adequate emergency vehicle access. A condition has been included in the resolution requiring Fire Marshal and City Engineer approval of the final design. An item that came up in discussion was whether utilities were within the easement • corridor and whether they crossed into the neighbors' properties. The easement issue needs to be dealt with. Gaffron suggested adding language (in bold) on page 9 of 10 of the resolution, item G where it says, "Documentation sufficient to satisfy the City Attorney that the property has legal roadway access and utility easements to Spring Hill Road..." n U Gaffron stated that the draft resolution requires no road upgrades and no easement expansions between Spring Hill Road and the property, and that no off -site road easements be granted to the City until they get to the actual property. This is consistent with a number of past subdivisions, but not with the most recent one on Brown Road South where they held up a subdivision until they could prove they had a 50' access to convey to the City. Bob Carlson of 201 East Lake Street, Suite 241, Wayzata, asked if the Park Dedication fees could be paid following the building permits, instead of up front with the subdivision because not all of the lots are intended to be developed. Gaffron stated that they used to do that, but it got confusing, so they switched to requiring the fees with the subdivision. Mr. Carlson stated that one lot might be joined to another and never built on. 3 � t ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 4. #02 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Plat Approval— • Resolution No. 5099— Continued Gaffron stated that because the fees are collected based on their impact on parks and a vacant lot would not impact the park system, there was some logic with Mr. Carlson's request. The problem would come with tracking and possibly setting a precedent. Moorse stated that for tracking and administrative purposes, it made the most sense to have the fee paid now. Mayor Peterson polled the Council and all agreed that it would be best to collect the fee at present with the subdivision. Mrs. Winston asked why the driveway turnaround might need to be widened. Gaffron stated that it had to do with the radius of the curve and large truck's ability to navigate it. The loop may not have to change, but if the Fire Marshal and Engineer felt it should be wider, that would be required. Gaffron stated that the reason for the turnaround is to legitimately connect each of the three lots to a legal access road. Murphy asked if they could add language stating that any change required in the width of the turnaround be the minimum necessary. Gaffron stated that language could be added • (in bold) to item 6 on page 6 of 10, where it says, "... subject to approval by the City Engineer and City Fire Marshal to ensure adequate but not excessive emergency vehicle access..." Allen Christy of 901 Marquette Avenue, Minneapolis, asked about item 13 on page 4, which seemed inconsistent with the resolution. He recalled that Council agreed no covenants would be restricting the development of the lots because any projects would be brought before the Planning Commission and Council for approval. Gaffron replied that items 13 and 14 are findings that document discussion held about the application and carry no weight as a condition. Sansevere moved, and White seconded to adopt Resolution No. 5099 granting. preliminary approval of a Class III Subdivision for Property located at 745 Spring Hill Road, owned by Nina Wildman, included the language added by Council. Vote: Ayes 5, Nays 0. 5. #03 -2962 Robert and Joanne Switz,1740 Shadywood Road — Variances Waataja stated that she had no presentation because they were expecting the applicant to deliver new plans, which would hopefully conform to the Planning Commission's recommendations. The new plans would be referred back to the Planning Commission. • 4 t ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 • S. #03 -2962 Robert and Joanne Switz, 1740 Shadywood Road — Variances -- Continued Mrs. Switz stated that she would like the Council to table the application. She stated Waataja and Gaffron had spent a lot of time with them and they have worked hard to conform to requirements. White asked how the current house got so big. Waataja stated she did not have the street file with her. Sansevere thanked the applicants for attending the meeting. Mayor Peterson moved, and McMillan seconded, to table item 5, Robert and Joanne Switz, 1740 Shadywood Road. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere mentioned the dirt at the intersection of Willow and 6 from construction traffic. He also noted that the properties at Stone Bay are incredibly tight. • Sansevere stated that Mrs. Timm had come in after Public Comments and stated he would like to acknowledge her. • Murphy stated that he had visited the Timm property today. The Excelsior Fire Department will now be handling fire calls in Navarre, as of January 1s`. The transition went smoothly. They expect to be in the new station in a few weeks. Regarding the dirt on the roads, Murphy stated that the contractors took some time off. They do usually run a street sweeper, but with the ice and snow it's difficult to sweep the streets. The roads become more hazardous for the large trucks when the roads get greasy. He stated they would discuss the matter with Mn/DOT at the next meeting. He suggested calling himself or Moorse when problems are noticed with the roads so that they can contact Mn/DOT. McMillan stated she had a concern about the road closings due to construction forcing traffic through "Graffiti Bridge." She stated school buses don't even use the route because the bridge is too tight. She hopes Mn/DOT plans to build a new access. Murphy stated he would also bring that issue up to Mn/DOT at the next meeting. Mayor Peterson stated that they were all invited to the Mound Public Safety ribbon cutting 5 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 MAYORICOUIVCIL REPORT — Continued ceremony. She congratulated Mound. The Mayor asked when Orono would have a ceremony for the Navarre station. Moorse stated that they could schedule something once the building is completed, or they could wait until it's warmer and they have the landscaping in for a grand opening. Murphy stated that the Fire Department feels strongly about the right kind of flag raising and dedication ceremony. He suggested talking to the department and setting one up as soon as possible. Murphy asked if they should send a letter to the Mound Fire Department thanking them for their service. Council agreed they should. Mayor Peterson reopened Public Comments for Mrs. Timm. Mrs. Timm stated that she brought photos of their property, including the shared driveway. Gaffron stated that he put together a memo giving a balanced history of the issue, stating all sides of the matter. Mrs. Timm stated that the neighbor has put rocks and trees along the driveway in order to make it difficult for the Timms to get out of their driveway. Sansevere asked if the issues with the neighbor predated the truck being on the property. She replied that her husband had got the neighbor a load of crushed rock at half -price and he complained they charged too much. That was 2 years after they got the truck, and when all the trouble started. Their neighbor across the street faces the driveway and garage, yet he and his wife have no problem with the truck. Mrs. Timm stated that putting another drive on their property isn't feasible due to the slope of the property and mature spruce trees on their land. It would be too expensive to redo the barn. She stated the truck is only in use 6 months out of the year. They don't have 5 -acres of land and can't work on the truck inside a building. Murphy stated that they need to work with both parties. Mayor Peterson stated they should read Gaffron's history of the matter before making any decisions. Mrs. Timm asked if Council could recommend an attorney who is familiar with Orono. • R t ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 • MAYORICOUNCIL REPORT/Public Comments — Continued White suggested she save their money at this point and work with the City and the neighbor. PUBLIC SERVICE DIRECTOR'S REPORT *6. Purchase Radio Read Water Meters and Establish Fees for Meters — Resolution No. 5101 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5101 amending the 2004 Fee Schedule to reflect revised water meter prices. Vote: Ayes 5, Nays 0. *7. Hennepin County EPDB Agreement — Resolution No. 5100 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5100 authorizing the City of Orono to extend an agreement for the use of Hennepin County's Electronic Proprietary Database. Vote: Ayes 5, Nays 0. • *8. Sale of Surplus Lift Station Pumps • Murphy moved, and Sansevere seconded, to declare eight Model 3100 Flyght sanitary sewer lift station pumps and miscellaneous parts as surplus equipment, and authorize selling them through an advertisement in the League of Minnesota Cities Bulletin. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *9. Pay Requests— Navarre Fire Station Murphy moved, and Sansevere seconded, to approve the requests for payment in the amounts of $3,240.00 to Constructive Ideas, and $223.25 to STS Consultants, Inc., to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 5, Nays 0. VA ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 *10. Final Payment —Heavy Rescue Vehicle for Long Lake Fire Department • Murphy moved, and Sansevere seconded, to approve the final payment of $15,804.33 for the rescue vehicle for the Long Lake Fire Department, making Orono's total cost $173,926.19 to be funded from the Navarre Fire Station and Equipment Bonds Construction Fund. *11. Annual Appointments — Resolution No. 5102 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5102 amending the Designation of Selected Appointments for the Year 2004. Vote: Ayes 5, Nays 0. *12. Selection of Date for 2004 Local Board of Appeal and Equalization Murphy moved, and Sansevere seconded, to establish Wednesday, April 21, 2004 at 7:00 p.m. as the date and time for the 2004 Local Board of Appeal and Equalization meeting. Vote: Ayes 5, Nays 0. *13. Pay Adjustments— Stephany Good, Police Chief Murphy moved, and Sansevere seconded, to approve the 3% pay adjustments for • Chief Stephany Good for 2003 and 2004, effective January 1, 2003 and January 1, 2004, respectively. Vote: Ayes 5, Nays 0. *14. City Recorder Fee Adjustment Murphy moved, and Sansevere seconded, to approve the following fee schedule for 2004 for the City Recorder, effective January 1, 2004: Meeting Time: hours Fee 1 -2 $140 2 -3 $165 3 -4 $205 4 -5 $265 5 -6 $340 6 -7 $440 7 -8 $535 Vote: Ayes 5, Nays 0. • 0 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 • *15. Prosecuting Attorney Contract Renewal Murphy moved, and Sansevere seconded, to approve the renewal of the contract for prosecution services with Ken Potts for the years 2004, 2005, and 2006 at an annual fee of $30,000. Vote: Ayes 5, Nays 0. *16. Use of Hennepin County Emergency Management Grant Murphy moved, and Sansevere seconded, to accept Hennepin County Emergency Management Grant. Vote: Ayes 5, Nays 0. Murphy moved, and Sansevere seconded, to make the necessary budget adjustment to approve purchase of the Floyd Digital Video Recording System. Vote: Ayes 5, Nays 0. *17. Liability Insurance Non - Waiver of Statutory Tort Limits — Resolution No. 5103 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5103 Not to Waive the Statutory Tort Limits for Liability Insurance Purposes. Vote: Ayes 5, Nays 0. • *18. Appoint Auditor for Fiscal Year 2003 Murphy moved, and Sansevere seconded, to appoint the audit firm of Malloy, Karnowski, Radosevich & Co., P.A. to perform the required audits for the 2003 fiscal year records at an estimated cost of $24,200, excluding direct expenses. Vote: Ayes 5, Nays 0. *19. Consultant Engineer 2004 Fee Schedule. Murphy moved, and Sansevere seconded, to approve the proposed rate schedule for engineering services for 2004. Vote: Ayes 5, Nays 0. 19a. Schedule of Work Sessions Moorse and Council decided to meet on January 291h and February 51'. Thereafter, they will hold work sessions on the Thursday before the first Council meeting of each month. Moorse will send out a calendar. E ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 CITY ATTORNEY'S REPORT • None. *20. LICENSES Special Event 1. Applicant: Aulik & Associates, Inc. Event: 2004 Parade of Homes —Spring Preview Location: 955 Tonkawa Road Date: February 14 -March 21, 2004, Thursdays - Sundays Time: 12:00 noon – 6:00 p.m. 2. Applicant: Minnetonka Custom Homes Event: 2004 Parade of Homes — Spring Preview Location: 4753 North Shore Drive Date: February 14 -March 21, 2004, Thursdays - Sundays Time: 12:00 noon – 6:00 p.m. 3. Applicant: StoneBay • Event: 2004 Parade of Homes — Spring Preview Location: 2460 Sandstone Lane, 653 Sandstone Circle, Sales Trailer at 2500 Kelley Parkway Date: February 14 -March 21, 2004, Thursdays - Sundays Time: 12:00 noon – 6:00 p.m. 4. Applicant: Stonewood Design Build Event: 2004 Parade of Homes —Spring Preview Location: 4535 North Shore Drive Date: February 14 -March 21, 2004, Thursdays - Sundays Time: 12:00 noon – 6:00 p.m. 5. Applicant: Stonewood Design Build Event: Luxury Home Tour Location: 847 Tonkawa Road Date: June 11 -13, 18 -20, 25 -27, Fridays - Sundays Time: 1:00 p.m. –7:00 p.m. Fridays, 12:00 noon– 6:00 p.m. Saturdays & Sundays Murphy moved, and Sansevere seconded, approving the above listed licenses. Vote: Ayes 5, Nays 0. • 10 • ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12, 2004 *21. BILLS Murphy moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 8:03 p.m. ATTEST: a Linda S. Vee, City Clerk 11 Barbara Peterson, Mayor