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HomeMy WebLinkAbout08-24-2009 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. ROLL The Orono City Council met on the above - mentioned date with the following members present: Acting Mayor James Murphy, Council Members Cynthia Bremer, and Douglas Franchot. Representing Staff were Finance Director Ron Olson, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Zoning and Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Acting Mayor Jim Murphy called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 5 and 7 through 13 were added to the Consent Agenda. Bremer moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES • *2. REGULAR COUNCIL MEETING OF AUGUST 10, 2009 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of August 10, 2009, as submitted. VOTE: Ayes 3, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. GARY FRAZIER, 4555 SPRUCE WAY — LEVEL 2 HOME OCCUPATION Gary Frazier, Applicant, was present. Curtis stated the applicant is the owner of Express Delivery Systems, a home -based courier business consisting of two trucks driven by the owners /occupants of the property. This item appeared before the Council in July of 2009 to appeal staff's interpretation of the home occupation as a prohibited home occupation. At that time the Council directed Frazier to apply for a Level 2 home occupation license. The applicant indicated to the council and within the license application that he intends to park the two trucks between the home and the existing pole shed out of view from neighboring properties. The intent is to park the trucks inside the shed within the next year. They do not receive deliveries at the property and the trucks each leave the site and return once per day. According to City Code, Level 2 home occupations may include but are not strictly limited to: 1. Those with employed persons other than occupants of the dwelling. PAGE 1 of 10 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (3. GAR YFRAZIER, 4555 SPRUCE WAY— LEVEL 2 HOME OCCUPATION, Continued) 2. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. 4. Those which do not meet one or more of the specific performance standards. 5. Those which generate excessive traffic under the standards of Subsection (d)(13) of this section. Home occupations are subject to sixteen performance standards. It appears to Staff that the applicant is unable to meet the following two performance standards: (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies, or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. (8) Commercial or nonpassenger vehicles. Parking /storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. • In addition, the business has the potential to conflict with the following standard: (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number o home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. b. Type of street, width, and traffic volumes. The availability and location of off -street parking. Planning Staff recommends approval of the Level 2 home occupation for Gary Frazier/Express Delivery Systems subject to the following conditions: All nonpassenger vehicles associated with the business must be stored inside a garage by no later than one year from approval or a date deemed appropriate by the City Council. 2. The number of business trips per day shall be limited to one round trip per truck, limited to the two existing trucks. 0 PAGE 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (3. GAR YFRAZIER, 4555 SPRUCE WAY— LEVEL 2 HOME OCCUPATION, Continued) Any other conditions the Council deems appropriate. Acting Mayor Jim Murphy opened the public hearing at 7:08 p.m. David Kearin, 4780 Spruce Way, stated he resides west of the Frazier residence. Kearin indicated he does not have a problem with Mr. Frazier operating a business but that he would prefer the trucks be housed off site. Kearin stated he owns 17 lots in this area and that he has received feedback from his realtor that prospective buyers have commented that Mr. Frazier's lot looks trashy with the two trucks and a camper parked outside. Kearin stated he is attempting to market these lots for higher -end homes. Murphy noted the applicant has indicated he would like to store the vehicles indoors on the property. Kearin stated in his view it is unlikely he would be able to fit both trucks inside. Jane Slaughter, 4545 Spruce Way, stated she resides next door to Mr. Frazier and that she does not have a problem with the application as long as the vehicles are parked indoors. Slaughter stated she understands the concerns of Mr. Kearin. Slaughter indicated that Mr. Frazier has been a good neighbor. Acting Mayor Murphy closed the public hearing at 7:12 p.m. • Bremer stated in her opinion progress has been made on this application. Bremer asked Mr. Frazier whether he would be able to meet these conditions. Bremer noted that if the conditions are not met, his home occupation license would be revoked. Frazier stated he would be able to meet the conditions and that his building is large enough to accommodate both of the vehicles. Frazier stated in his view the traffic is minimal since they leave in the morning and come home at night. Frazier noted he has been cleaning up the building and will need to have electricity installed. Murphy asked what time frame the applicant is looking at before the vehicles can be stored indoors. Frazier stated the gravel floor is almost finished but that he presently lacks the funds to run power to the shed and that he will have to run power cords in the interim. Frazier noted the trucks are parked out back and are not visible from the road. Acting Mayor Murphy reopened the public hearing at 7:16 p.m. Shane and Kris Ruud, 4575 Spruce Way, stated they have owned this property for a number of years and that they would like more information about the business. At the time they purchased the property, they were told it was commercial property but their business was shut down almost immediately. Ruud noted they have invested money with Mr. Kearin and would like the neighborhood to look nice. Ruud indicated it would not be helpful to have these trucks going up and down the road and that he has a concern the size of the trucks will ruin the road. Ruud asked how long the pole barn has existed. Frazier indicated the building was constructed approximately five years ago. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (3. GAR YFRAZIER, 4555 SPRUCE WAY —LEVEL 2 HOME OCCUPATION, Continued) Ruud reiterated these are rather large trucks and that he would prefer they be parked offsite and not have the trucks go up and down the road. Ruud stated since he was unable to utilize his property for a commercial business, he does not understand how Mr. Frazier can. Mrs. Ruud expressed a concern regarding the large trucks with the number of children in the neighborhood. Jane Slaughter asked whether the license would need to be renewed annually. Murphy stated the Council will be discussing that. Bremer noted there only two trucks and they make one trip out in the morning and one trip back in the evening. Approval of the application is subject to the condition that the pole barn be finished off so the trucks may be stored inside. The City Council also has the discretion to add other conditions if they are deemed appropriate. Murphy noted Staff's recommendation was that the Level 2 home occupation license be approved with the condition that the vehicles be stored inside a garage within the next year and that the number of business trips be limited to one round trip per truck and limited to the two existing trucks. Murphy stated there is no doubt that this area will eventually become more densely populated and that once that happens, the home occupation will probably not be looked upon very favorably. Murphy recommended that the City review and approve or deny this application annually. 0 Curtis asked what the City Council would like Staff to look at specifically as the basis for a denial. Murphy stated they have to rely primarily on the statement of the applicant and the neighbors on the number of trips that are made daily. In the annual review, Murphy recommended the amount of development that is occurring in the neighborhood be looked at. Bremer stated given the two conditions recommended by Staff, she does not currently have an issue with the application since it may be a number of years before this area is fully developed. Franchot noted the present language in staff's recommendation does not address whether the applicant is allowed to replace the existing trucks. Curtis stated it was not her intent to prohibit replacement of the vehicles. Franchot suggested the language be modified slightly to allow replacement of a similar type truck. - Murphy recommended the replacement trucks be no larger than what the applicant currently owns. Ruud asked what the road is posted for in the spring. Kellogg stated roads are generally posted in the spring for four tons per axle. Frazier stated it is his understanding it is nine ton per axle. PAGE 4 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (3. GAR YFRAZIER, 4555 SPRUCE WAY— LEVEL 2 HOME OCCUPATION, Continued) Ruud noted he had to pay for the road along with Mr. Kearin and that he does not want the road to be wrecked. Frazier stated he does not bring freight home and does not have deliveries to the residence. Murphy noted the City Council did discuss that at the last meeting and that there is not a dispatch center being run out of the residence. Bremer recommended that the condition be added that no freight be brought home and no business deliveries be made to the residence. Ruud pointed out he was talking about driving a big truck on the tar road in the spring, which tends to damage the road. Ruud stated he would like to get as much information about the trucks as possible. Murphy asked what additional information Mr. Ruud would like to have. Mr. Ruud indicated he would like to have the trucks stored off the site. Murphy noted the vehicles would be empty when they leave the residence and when they come back to the property. • Mr. Ruud noted that a number of the neighbors did not receive notice of this hearing tonight. Ruud stated he does not feel that a commercial business should be run out of a residential property. Mrs. Ruud stated this business has had a detrimental impact on selling the lots in this neighborhood. Bremer moved, Franchot seconded, to approve the Level 2 Home Occupation for Gary Frazier, 4555 Spruce Way, subject to the following conditions: 1. All nonpassenger vehicles associated with the business must be stored inside a garage or pole building no later than one year from approval; 2. The number of business trips per day shall be limited to one round trip per truck and limited to the two existing trucks, with the applicant being able to replace the trucks with a similar size and type truck; 3. No deliveries to the site of any goods; 4. That the trucks will not be allowed to leave full from the site and must be empty traveling on the road, and 5. subject to renewal/approval annually. VOTE: Ayes 3, Nays 0. PLANNING COMMISSION COMMENTS — KIM KANG, REPRESENTATIVE Kang stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None • PAGE 5 of 10 , r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *4. 09 -3417 STEPHEN & SUSAN MOSELEY,1635 BOHNS POINT ROAD — VARIANCES — RESOLUTION NO. 5860 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5860, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -1279 and 78 -1288, for the property located at 1635 Bohns Point Road. VOTE: Ayes 3, Nays 0. *5. 09 -3421 JAMES AND JACQUELINE NEVE, 4060 DAHL ROAD — SETBACK VARIANCE Bremer moved, Franchot seconded, to direct Staff to draft a resolution approving a side setback variance for the property located at 4060 Dahl Road. VOTE: Ayes 3, Nays 0. 6. 09 -3427 AL SERAN, 4099 HIGHWOOD ROAD — VARIANCE RENEWAL Mr. and Mrs. Al Seran, Applicants, were present. Curtis stated the applicants have requested that the City Council waive the public hearing at the Planning Commission level. Hardcover variances and side setback variances were granted last June and expired this past June. They were unaware that the variances had expired. The applicants have requested that the City Council hold the public hearing at the next City Council meeting. • Al Seran stated he was surprised when he went to get his building permit that the variances had expired and that he had thought the approval was good for two years. Seran stated he would like to get started on his project as soon as possible before wintertime, but that if he has to reappear before the Planning Commission and then the City Council, it would cause him to miss his deadline. Seran noted he also has some medical conditions and that he would like to have this taken care of as soon as possible. Seran noted a tree has fallen on the garage and that he would like to have that removed and rebuilt. He has met with all of his neighbors within 150 feet and discussed this project with them personally and they had no objections at the Planning Commission meeting. Murphy noted that the action required by the City Council tonight is to approve moving this forward to the next City Council meeting and to waive the public hearing at the Planning Commission level. Murphy asked whether anything has changed with the applicant's plans. Seran stated when the City originally approved his neighbor's application, it depicted a drain tile on that property, which was never installed. Mrs. Seran noted the City Engineer had stated that the concept of routing the road drainage along the west . property line is workable. It appears that the adjacent property does not have the swale that was part of its approved grading plan. There was an 8 -inch and a 4 -inch drain tile under the swale. These drain tiles have been plugged or removed so the applicant's property receives all of the road drainage. Staff is trying to determine the status of the drain tile. Mr. Seran noted that drain tile was never installed. 0 PAGE 6 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (6. 09- 3427AL SERAN, 4099 HIGHWOOD ROAD, Continued) Mrs. Seran noted the certificate of occupancy states that they must grant a 50 -foot easement before it will be issued. Mr. Seran stated he discussed that issue with Planner Turner and that he is not in favor of granting a 50- foot easement. Seran stated that was not discussed at the time of the original approval and that he is not in favor of the easement. Mrs. Seran stated because the road is not graded properly, the runoff goes onto their property. Mr. Seran stated the road has been a problem since constructed and that the improvements the neighbors have made over the years have helped some but that there are still drainage problems in the area. Seran stated the swale is functional and that he does not know whether drain tile would help the situation. Curtis stated the easement would help protect against the current situation and that the easement would allow the City to rectify the situation. Seran stated in his opinion the swale is a better solution than drain tile. Seran indicated he will maintain the Swale and that he and the neighbors have done quite a bit to help with the water runoff. Murphy stated the intent of tonight's meeting is to determine whether this application should move is forward to the next city council meeting provided there were not going to be any changes. Murphy stated given the fact that there appears to be some major issues with the runoff and drainage in the area, it may take longer than what the applicant would like. • Gaffron noted this is a neighborhood that should probably have curb and gutter installed and possibly a storm water pond, which is not a simple solution. Gaffron stated if the City is able to get a 5 -foot easement and a 5 -foot easement from the other neighbor, it is possible to rectify the solution, but without an easement, the City would not be able to complete the necessary work. Kellogg stated the recommendation for the easement would have come from his office as part of their standard operating procedure. Kellogg stated the resolution should have contained the language and that it apparently was not noticed by the applicant at the time the application was approved. Bremer recommended this item be heard again on September 14. Bremer noted there are problem properties where the City does not have an easement and that she would like the City Engineer to review this application again and provide his recommendations to the applicant. Murphy stated he does not want an issue to come up on September 13'}' which would prevent this application from being heard on the 14f. Kellogg stated the final grades should be done in conformance with the approved grading plan and that the applicant has the ability to ensure that all of the grading is in conformance with the plan. The only additional authority that the easement would provide is if the present property owner or a future property owner would like to change something with the drainage. PAGE 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (6. 09 -3427 AL SERAN, 4099 HIGHWOOD ROAD, Continued) Seran stated he has a nice yard and young children and should the Andersons elect to construct a new residence and driveway, he has a concern that if an easement is granted on his property, all of that runoff will be directed towards his residence. Murphy stated that is not the purpose of an easement. Seran stated his understanding of an easement is to allow the City to do whatever they deem appropriate and that he would have little say in it. Curtis stated the easement could be drafted in such a way to help alleviate some of those concerns. Kellogg stated the easement could say that the swale must be maintained and preserved, and if any adverse changes are made to the swale, the City has the right to come onto the property and fix it. Seran indicated he would prefer that verbiage. Kellogg stated he would like to get the City Attorney involved in this situation to ensure that the proper language is drafted. Murphy suggested that an agreement be reached by September 9, and if no solution is reached, that the matter will not be heard at the September 14 council meeting. • Bremer moved, Franchot seconded, Application #09 -3427, 4099 Highwood Road, to approve waiving the Planning Commission review and to schedule a public hearing before the City Council on September 14 "', subject to the drainage /easement issues being resolved no later than September 9. VOTE: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Bremer indicated she has some information on the Prouty project that she will bring to the City Council work session tomorrow night. The City Council discussed the process that should be followed in the hiring of the new city administrator. Bremer stated it was suggested that the long -term vision of the City be discussed prior to the hiring of a new city administrator and that it was her understanding the Council was going to go through that long -term vision discussion two or three years ago. Murphy asked whether Staff is ready to discuss the hiring of a new city administrator at the work session. Gaffron indicated they are. Bremer asked what the group PAA out of Wisconsin does. Franchot indicated they provide video conferencing and that it may be helpful to utilize that technology for those candidates who are further away as part of the initial screening process. to PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. (MAYOR/COUNCIL REPORT, Continued) Curtis commented it would also be nice for Staff to view the video after the interview. Bremer noted the last time the city administrator was hired the Council had reduced the number of applicants down to three after reviewing the resumes. Murphy noted work has commenced on -Orono Orchard Road. CITY ENGINEER'S REPORT Kellogg noted given the amount of rain received lately, the contractor on the Casco Point project is behind schedule. Weekly updates have been given to the residents and another update will be distributed at the work session regarding the work schedule and the location of the bus stops. Gaffron stated as it relates to the work on Fox Street, the final lift will be done by the end of next week. Kellogg noted he has received the plans for the mill and overlay project on Old Highway 12 recently but has not had time to review them. Kellogg noted the work is scheduled to go to bid in four days and that it is unlikely the City would be able to have much input. • Murphy stated it is his understanding the work is to be completed by the middle of November. CITY ADMINISTRATOR'S REPORT *7. REQUEST FOR PAYMENT NO.4 — CASCO POINT RECONSTRUCTION PROJECT Bremer moved, Franchot seconded, to approve Request for Payment No. 4 for the Casco Point Reconstruction Project, Geislinger and Sons, Inc., in the amount of $484,742.54. VOTE: Ayes 3, Nays 0. *8. REQUEST FOR PAYMENT NO.2 AND FINAL — STONEBAY CONCRETE REPLACEMENT Bremer moved, Franchot seconded, to approve Request for Payment No. 2 and final for the Stonebay Concrete Replacement Project, Imperial Developers, Inc., in the amount of $5,000.00. VOTE: Ayes 3, Nays 0. *9. REQUEST FOR PAYMENT NO.2 — MYRTLEWOOD UTILITY IMPROVEMENTS Bremer moved, Franchot seconded, to approve Request for Payment No. 2 for the Myrtlewood Utility Improvements Project, GM Contracting, Inc., in the amount of $125,050.76. VOTE: Ayes 3, Nays 0. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. *10. ACCEPT QUOTATIONS FOR SANITARY SEWER TELEVISING Bremer moved, Franchot seconded, to accept the quotation in the amount of $10,266.00 from Midwest Trenchless Technologies, Inc., of Belle Plaine, Minnesota, and to expend the funds from the Sewer Fund. VOTE: Ayes 3, Nays 0. *11. NEW GOLF COURSE FEE Bremer moved, Franchot seconded, to approve the creation of a new All You Can Play Fee of $7.00 walking with an additional $8.00 for ' /� a cart for the remainder of the 2009 golf season. VOTE: Ayes 3, Nays 0. *12. AUTHORIZATION FOR PAYMENT OF POLICE SQUAD CARS Bremer moved, Franchot seconded, to approve payment of $21,933.03 and $21,877.03 to Nelson's Auto Center in Fergus Falls for the two 2009 Dodge Chargers. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None *13. LICENSES & PERMITS None *14. BILLS Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Bremer moved, Franchot seconded, to adjourn the Orono City Council meeting at 8:38 p.m. VOTE: Ayes 3, Nays 0. ATTEST: Li Ada S. Vee, City Clerk PAGE 10 of 10 • P-J