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HomeMy WebLinkAbout05-12-2008 Council MinutesC- at U • • MINUMUNFS O THE ORONO CITY CIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. ROLL The Orono City Council met on the above - mentioned date with the following members present: Council Members Cynthia Bremer, Jim Murphy;! Lili McMillan, and David Rahn. Representing Staff were Finance Director Ron Olson, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Acting Mayor Murphy called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 8, 9, 10, 11, 12, 14, and 15 were added to the Consent Agenda. Item No. 4 was removed from the Consent Agenda. Bremer moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. j APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF APRIL 28, 2008 Bremer moved, Rahn seconded, to approve the minutes of the April 28, 2008, City Council meeting as submitted. VOTE: Ayes 4, Nays 0. *3. RECONVENED 2008 LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 29, 2008 Bremer moved, Rahn seconded, to approve the minutes of the April 29; 2008, Reconvened Local Board of Appeal and Equalization meeting. VOTE: Ayes 4, Nays 0. LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported that the spraying of Carman i's Bay, Gray's Bay, and Phelps Bay will be commenced sometime later in May once the water reaches a certain temperature. LMCD is also still in the process of finding new office space and will be looking at locations in Minnetonka and Excelsior on Thursday. . . McDermott noted the Environmental Committee public hearing. Murphy asked what the water level of the lake McDermott indicated the water level of Lake Murphy noted the City is preparing an to the LMCD in the near future. not returned with their report following the April is at the normal spring high level. on protocol for the Minnehaha that will be presented PAGE 1 of 9 lei MINUTES OF THE A ORONO CITY COUNCIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. • PLANNING COMMISSION COMMENTS — JON SCHWINGLER, REPRESENTATIVE None PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 4. #03 -2940 FRIEDELL ARCHITECTS AND BUILDERS ON BEHALF OF SCOT AND LISSA HARVEY, 1199 ELMWOOD AVENUE — REVISION TO VARIANCE Scot and Lissa Harvey, Applicants, were present. Rahn stated there appears to be a variance that was granted for a deck in 2003. Rahn asked whether the deck was constructed. Lisa Harvey stated the deteriorating deck was replaced. Rahn commented in his opinion this is an unusual procedure to be going through with adding something to a variance that was granted five years ago and not going through the public hearing process, especially given the fact that the variance is that old. Rahn stated in his opinion this application is seeking a new variance and should go through the proper procedure. • Turner noted the variance was a hardcover variance, which is the issue tonight. The applicants are proposing to construct a 20 square foot addition and removing some nonstructural hardcover and adding structural coverage, which requires a change to the variance. The previously approved resolution requires city approval for that change. Staff did not feel it was necessary to go through a public hearing given the small amount of change being proposed. Rahn stated in his view it is a matter of protocol no matter how much hardcover is being requested. Turner stated if the applicants had requested a larger addition, it would have gone before the Planning Commission. Rahn stated while the amount of hardcover being requested is very minor, it still is unusual to be revising a hardcover variance to remodel the kitchen rather than granting a new hardcover variance and that it should go through the public hearing process. Rahn asked if it mattered to Staff how old the variance was. Turner stated a variance is forever and that the applicants are locked into the site plan that was approved five years ago. Turner indicated Staff would have brought the application before the Planning Commission if the applicants had requested any more hardcover'and that the application could still be sent to the Planning Commission for their review. Rahn stated in his view this is a completely different application and that this new aspect of the plan should be reviewed. Rahn stated the additional hardcover would require a variance and that it is unusual • to be adding the request to a five -year old variance. PAGE 2 of 9 tj • • MINUTES OF THE ORONO CITY,COUNCIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. (4. #03 -2940 FRIEDELL ARCHITECTS AND BUILDERS ON BEHALF OF SCOT AND LISSA HARVEY, 1199 ELMWOOD AVENUE, Continued) Turner stated ultimately the variance would need to be revised if this request is approved even under a new application. .1I Rahn asked if five years from now the applicants would like to construct a garage, would they be able to come and request that their hardcover variance granted a number of years be revised. Turner indicated that would be a separate Rahn reiterated that in his opinion this is sidestepping the due process procedure. Rahn noted he is not opposed to the change, but that it should follow the proper procedure of the City and that he has questions regarding the legality of adding it to an older variance. Rahn stated this should be a new application. Turner stated a variance is forever and that the applicants replaced a deteriorating deck. Lissa Harvey indicated they rebuilt the deck in alconforming location. Rahn stated this is a change in what was previously approved. Scot Harvey noted that 48 square feet of hardcover would be removed as part of this project. Rahn stated a process should be followed that allows a neighbor to comment or ask questions on the proposal and that the procedure being followed by Staff does not alert the neighbors to the request. Scot Harvey noted the addition does not go past Rahn stated he is questi oning the propriety of pe revision to a previously granted variance. drip line of the roof. being able to come before the City and ask for a Bremer suggested the City Council recommend approval of the revision to the hardcover variance subject to the city attorney opining that due process is satisfied in this matter. Gaffron stated one of the key elements in the original resolution is that Council approval is based on the specific site plan that was attached to the resolut'i'on and that any amendments which are not in conformity to City Codes would need to get• approval from the Council Turner stated the change complies with the code Murphy asked whether the City routinely exchar It was the consensus of the City Council that the for nonstructural hardcover. Gaffron stated there is specific wording in the re • through a new variance application process. On, advised that any future requests to increase hardc is a change in the nature of the hardcover. structural for nonstructural hardcover. does not routinely exchange structural coverage on that would suggest the applicants need to go three of the resolution it reads: "Applicants are or change the nature of existing /approved PAGE 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. (4. #03 -2940 FRIEDELL ARCHITECTS AND BUILDERS ON BEHALF OF SCOT AND LISSA HARVEY, 1199 ELMWOOD AVENUE, Continued) hardcover shall require City approval..." Gaffron stated he would suggest that the application go through the entire process but that in his view there is an argument to be made that the previous variance could be revised and that he would like to get the opinion of the City Attorney on the matter. Murphy stated another option is to table it pending city attorney review. Rahn indicated he would prefer to have this item tabled to allow for review by the City Attorney and to have the applicant submit hardcover calculations. McMillan indicated she is in agreement with Council Member Rahn. Bremer indicated she would be in favor of approving the application subject to review by the City Attorney. Rahn moved to table Application #03 -2940, Friedell Architects and Builders on behalf of Scot and Lissa Harvey, 1199 Elmwood Avenue — Revision to Variance, to allow for review of the application by the City Attorney on the due process issue and to allow the applicants time to submit hardcover calculations. • Murphy asked whether the motion is also requiring the application go before the Planning Commission. Rahn indicated it would depend on the recommendation of the City Attorney. • McMillan seconded the motion. VOTE: Ayes 3, Nays 1, Bremer Opposed. Turner stated the application, if need be, could be heard at the June Planning Commission meeting and be back before the City Council in July. 5. #08 -3355 TIM HAUSER ON BEHALF OF CLEMENT KROLL, 60 STUBBS BAY ROAD SOUTH — PRELIMINARY PLAT Clement and Winnifred Kroll, Applicants, were present. Turner stated the applicants are requesting approval of a preliminary plat to divide the property into four lots. This was ghost platted at the time the lots on the south side of Christine Drive were divided. One change from the ghost platting was a revision to the lot line due to the location of the septic sites. The Planning Commission recommended approval of the application subject to the applicants completing a number of items, including submittal of the drainage area map. The City Engineer has not received that map due to the applicants' engineer being on vacation. Murphy asked whether Items 1 through 8 listed in the Planner's Report have been resolved. Turner indicated the majority of the items cannot be resolved until the time of final plat and that the • applicants have not yet filed a drainage area map with the City because their engineer has been on vacation, which is delaying the application.. . PAGE 4 of 9 • i MINUTES OF THE ORONO CITY :COUNCIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. (5. #08 -3355 TIM HA USER ON SOUTH, Continued) . OF CLEMENT KROLL, 60 STUBBS BAY ROAD Murphy asked what Staff is recommending the City Council do on this application. Turner pointed out if there are issues with the drainage area map, additional calculations may need to be completed by the applicants to determine if the pond is adequately sized. Turner stated the layout of the lots should not be changed even if the pond is not the appropriate size and that the Council is being asked to review the application tonight for any other issues they feel should be addressed. McMillan asked whether it is unusual to have Kellogg indicated the sites have been reviewed'. acceptable. Turner stated the intention is to replace the exist Murphy asked whether the City Engineer's Offi Kellogg indicated they are waiting for submittal portions of the application. septic sites located on top of a hill. the septic inspector and have been found to be residence. has reviewed this application. the drainage area map but have reviewed the other McMillan moved, Rahn seconded, to direct Staff to draft an approval resolution granting • preliminary plat approval for Application #08'-3355, Tim Hauser on behalf of Clement Kroll, 60 Stubbs Bay Road South. VOTE: Ayes 4, Nays 0. I *6. #08 -3363 TRUST OF SUAD AZHARI,1745 FOX STREET — SUBDIVISION EXTENSION REQUEST — RESOLUTION N6. 5746 i Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5746, a Resolution Granting a Third Extension to the Effective Period of Final Plat Approval Established Per Resolution No. 5486, as Modred Per Resolution No. 5610, as Extended Per Resolution No. 5642. VOTE: Ayes 4, Nays 0. *7. #08 -3364 MITCH COOK ON A — PLAT EXTENSION REQUEST — Bremer moved, Rahn seconded, to adopt RED Resolution No. 5704 and Extending the Time VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT McMillan reported there was a finance co=, of the committee would be discussed in more Bremer commended Mayor White for donating o • PAi F OF CENTRAL BANK, STONEBAY OUTLOT ,TION NO. 5747 ON NO: 5747, a Resolution Amending for Filing the Plat of Stonebay Commercial. meeting last Thursday and that the recommendations J at the next council work session. of his kidneys to his nephew. 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. (MAYORICOUNCIL REPORT, Continued) Bremer noted her water meter was replaced without any issue and thanked the Public Works Department for their fine work. Murphy noted the Minnehaha was launched into the water this past Saturday without any major issues and that a few charters to Big Island have been set up at the present time. Murphy indicated he also had an opportunity to review the dock that is being installed by the City and that the work is proceeding along nicely. Murphy requested Finance Director Olson speak with the Chief of Police concerning the letter /addendum the City has received recently and the status of the situation. Olson noted he did speak with the police chief generally about the letter but would follow up with him again on the item. CITY ENGINEER'S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR'S REPORT *8. 3125 FOX STREET SEWER EXTENSION — APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR QUOTES Bremer moved, Rahn seconded, to approve the plans and specifications for 3125 Fox Street sewer service extension. VOTE: Ayes 4, Nays 0. Bremer moved, Rahn seconded, to approve the advertisement for quotes for 3125 Fox Street service extension. VOTE: Ayes 4, Nays 0. *9. AUTHORIZE PREPARATION OF FEASIBILITY STUDY FOR THE EXTENSION OF SEWER AND WATER SERVICE INTO MYRTLEWOOD ROAD NEIGHBORHOOD — RESOLUTION NO. 5748 Bremer moved, Rahn seconded, to idopt RESOLUTION NO. 5748, a Resolution Authorizing the Preparation of a Feasibility Study Regarding a Potential Sewer and Water Project. to Serve the Myrtlewood Road Neighborhood. VOTE: Ayes 4, Nays 0. *10. AUTHORIZE PREPARATION OF FEASIBILITY STUDY FOR THE CASCO POINT STREET AND UTILITY RECONSTRUCTION PROJECT is Bremer moved, Rahn seconded, to authorize the preparation of a feasibility report for the Casco Point Street and Utility Reconstruction Project at a cost not to exceed $13,500. VOTE: Ayes 4, Nays 0. is PAGE 6 of 9 • • MINUTES OF THE ORONO CITYMCOUNCIL MEETING Monday, May 12, 2008 7:00 :o'clock p.m. *11. AWARD QUOTE FOR CASCO POINT SOIL BORINGS Bremer moved, Rahn seconded, to award the,quotation in the amount of $3,294.33 from Braun Intertec, Minneapolis, Minnesota, for soil boring work on the Casco Point Street and Utility Reconstruction Project. VOTE: Ayes 4, Nays 0. *12. PURCHASE OF GLOBAL SYSTEM (GPS) Bremer moved, Rahn seconded, to approve the purchase of a Global Positioning System (GPS) unit from Frontier Precision, Inc., of 2852 — 71`h Street North, St. Cloud, Minnesota, in the amount of $11,700.00, and to amend the Sewer Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. 13. PURCHASE OF WIRELESS PANIC�SECURITY SYSTEM Olson stated Staff has requested that some panic buttons be installed throughout City Hal and the `Council Chambers, as well as the Police Department, in the event an emergency situation arises. Rahn expressed surprise that the work is going to be done so quickly and that it was his understanding there would be further discussion on the issue. i Olson stated the contractor who has recently co also be doing the other work and that it seemed Bremer stated in her view the proposed work is all the people in attendance at a council meetinj McMillan indicated she is in agreement with th Murphy indicated he is in agreement with provi whether the panic buttons would get help here f the audio work in the council chambers would to have the work completed now. - )letely reasonable and helps to ensure the safety of at city hall. a safe environment for all people and asked than calling 911. Olson stated he is not sure whether it would get someone here quicker than dialing 911 but that it would be unnoticeable, which may give the person some added safety. Murphy asked what would happen if the button is pushed. Olson stated the button is connected wirelessly to a transmitter, which would then send a signal to the security company, who would then call the appropriate people. McMillan noted that panic alarms receive a high! r priority than other types of calls. Rahn stated he is not opposed to the work but that it was his understanding there would be additional details provided on how the system worked and where it would be installed. Murphy stated if the buttons are installed inside city hall, in his opinion the buttons should also be installed in the council chambers. PAGE 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2008 7:00 o'clock p.m. (13. , PURCHASE OF WIRELESS PANIC SECURITYSYSTEM, Continued) Bremer moved, McMillan seconded, to approve the purchase of a Wireless Panic Security System per the quote from Appollo Systems dated April 22, 2008, for City Hall and the Police Department at a cost of $1,361.54, as well as transmitters for the Council Chambers at a cost of $378.00, for a total equipment and installation cost of $1739.54, to be funded from the Improvement and Equipment Outlay Fund, with a monthly monitoring fee of $24.95 for the entire system, for council chambers, city hall, and the police department. VOTE: Ayes 4, Nays 0. *14. SAFE ASSURE COOPERATIVE SAFETY TRAINING CONTRACT RENEWAL Bremer moved, Rahn seconded, to approve the proposal from Safe Assure Consultants, Inc., for conducting safety training and preparation of the related written programs and documentation at an annual cost of $3,775.00. VOTE: Ayes 4, Nays 0. 4. #03 -2940 FRIEDELL ARCHITECTS AND BUILDERS ON BEHALF OF SCOT AND LISSA HARVEY, 1199 ELMWOOD AVENUE — REVISION TO VARIANCE, CONTINUED • Lissa Harvey, 1199 Elmwood Avenue, indicated she is disgruntled with the action the Council took earlier on her application and that she came back to the meeting tonight to express her thoughts on the matter. Harvey stated they have resided at their residence for approximately 30 years and have . attempted to maintain and improve their property throughout the years even though their neighbors have • not. Harvey stated she was distressed the initial time she had to go through this process with their deck and that they are again experiencing difficulty with their application even though they are merely requesting a simple two -foot bump -out. Harvey commented that there are mansions that are built close to the lake and other properties that appear to receive variances routinely. Rahn apologized for delaying the application but that it is a procedural thing in his view. Harvey stated they have gone through this process for month's and have spent thousands of dollars in attempting to get this project approved. Harvey indicated she did not feel that the comment that they should move was appropriate. McMillan stated she sympathizes with the applicants and that perhaps Staff provided the wrong advice to the applicants. McMillan noted each application needs to go through the proper process even if it is a fairly simple application. McMillan stated they attempt to treat every individual equally and as consistently as possible. McMillan indicated she is not familiar with the 2003 application and that she does not feel there will be an issue with the 2008 application but that it needs to go through the proper, process. Turner stated one reason Staff did it this way tonight was that there were some notes in the file from last fall saying that the applicants were told that the addition was okay. CITY ATTORNEY'S REPORT None • PAGE 8 of 9 • • • MINUTES OF THE ORONO CITY ICOUNCIL MEETING Monday, May 12, 2008 7:00' 'clock p.m. *15. LICENSES & PERMITS GARBAGE HAULER 1. Baldy Sanitation, Inc. 5906 Henry Street Maple Plain, MN 55359 2. Blackowiack Disposal, Inc. 1195 Sunnyfield Road North Mound, MN 55364 3. Randy's Sanitation, Inc. 5351 U.S. Hwy 12 SE Delano, MN 55328 4. Veit Container Corp dba Veit Disposal 14000 Veit Place Rogers, MN 55374 SPECIAL EVENTS 5. Applicant: Highmark Builders, Ins Event: 2008 Luxury Home Tc Location: 2405 North Shore Driv Date: June 6 -8, 13 -15 and 20 Time: Noon — 6:00 p.m., Frid Bremer moved, Rahn seconded, to approve t *16. BILLS Bremer moved, Rahn seconded, to approve I Nays 0. ADJOURNMENT McMillan moved, Murphy seconded, to adj VOTE: Ayes 4, Nays 0. ATTEST: i S. Vee, City Clerk PAG ., 2008 Sundays above listed licenses. VOTE: Ayes 4, Nays'O. of the All Funds Account. VOTE: Ayes 4, the City Council meeting at 8:00 p.m. Jams Murphy, Acting Mayor 9of9