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HomeMy WebLinkAbout01-08-2007 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, 4anuary S, 2007 7:00 of clock p.m. i ROLL CALL The Council met on the above - mentioned date with the following members present: Mayor Jim White, Council Members Jim Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Evelyn Turner, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:02 OATH OF OFFICE City Clerk Linda S. Vee administered the oath of CONSENT AGENDA. 1. APPROVE /AMEND Item Nos. 9, 10, 11, 13, 14, 16 through 24 were ac Murphy moved, McMillan seconded, to approi VOTE: Ayes 4, Nays 0. • RECOGNITION 2. COUNCIL MEMBER BOB • Mayor White presented a plaque to outgoing C service on the Orono City Council for the past Murphy moved, McMillan seconded, to adopt Appreciation to Bob Sansevere for Distinguisl VOTE: Ayes 4, Nays 0. 3. MAYOR BARBARA PETERSON — R Mayor White presented a plaque to outgoing Ma} council member and as the Mayor of Orono for tl. Murphy moved, McMillan seconded, to adopt: Barbara Peterson for Dedicated Service and D Member. VOTE: Ayes 4, Nays 0. 4. SERGEANT KURT ERICKSON — RE Mayor White acknowledged Kurt Erickson of the with the Orono Police Department. 11 z., followed by the Pledge of Allegiance. to Jim White, Cynthia Bremer, and Jim Murphy. to the Consent Agenda. e the Consent Agenda as amended. ii — RESOLUTION NO. 5561 1 Member Bob Sansevere for his distinguished years. SOLUTION NO. 5561, a Resolution of Service as a Member of the Orono City Council. UTION NO. 5562 r Barbara Peterson for her distinguished service as city past sixteen years. ESOLUTION NO. 5562, a Resolution Recognizing Einguished Leadership as Mayor and City Council UTION NO. 5563 Police Department for his 26 years of service PAGE 1 of 8 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 8, 2007 7:00 o'clock p.m. • (4. SERGEANT KURT ERICKSON— RESOLUTIONNO. 5563, Continued) Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5563, a Resolution Recognizing Sergeant Kurt Erickson for his twenty -six years of dedicated service as a member of the Orono Police Department. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *5. REGULAR COUNCIL MEETING OF DECEMBER 11, 2006 Murphy moved, McMillan seconded, to approve the minutes of the December 11, 2006, City Council meeting as submitted. VOTE: Ayes 4, Nays 0. *6. SPECIAL COUNCIL MEETING OF DECEMBER 18, 2006 Murphy moved, McMillan seconded, to approve the minutes of the December 18, 2006, City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS — DAVID RAHN, REPRESENTATIVE David Rahn stated he had nothing to report but would be available for questions. PUBLIC COMMENTS • None ZONING ADMINISTRATOR'S REPORT *7. #05 -3152 MACKINNON HTLI , 3500 WATERTOWN ROAD — EXTEND EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5564 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5564, a Resolution Granting a One -Year Extension to the Effective Period of Preliminary Plat Approval Established per Resolution No. 5421. VOTE: Ayes 4, Nays 0. 8. #06 -3245 SHARRATT/MANEY FOR LAURENCE AND ARDELL JONES, 3605 NORTH SHORE DRIVE — VARIANCE Mike Maney, Applicant, and Mike Sharratt, Architect, were present. Turner stated the applicants are requesting the following variances to allow construction of a second story and attached garage for the existing residence: One, a lakeshore setback of 44 feet when 75 feet is required; two, a private street setback of 0 feet when 30 feet is required; three, structural lot coverage in excess of the allowed 15 percent; four, 16 percent hardcover in the 0 to 75 foot zone when none is allowed; and, five, a hardcover variance for the 75 to 250 foot zone in excess of the allowed 25 percent. The City Council tabled this application on December 11, 2006, to allow resolution of issues regarding the width of the shared roadway and the location of the right -of -way line of North Shore Drive. • PAGE 2 of 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 8, 2007 7:00 o'clock p.m. (8. #06 -3245 SHARRATTIMANEY FOR LA URENCE AND ARDELL JONES, 3605 NORTH SHORE DRIVE, Continued) Turner stated there still is some confusion regarding where the right -of -way line for North Shore Drive is located, but that Staff has concluded that the frontage road should be considered a private road even though it does not have the required 50 -foot wide right -of -way and is not 24 feet wide for its entire length. Considering the frontage road a private road allows the applicants' request to be approved without knowing the exact location of the right -of -way for North Shore Drive. For purposes of determining setback and lot area, the property ends at the southerly edge of the frontage road /fire lane. The applicants should grant a fire lane and emergency vehicle 'access easement over the entire fire lane. Turner indicated the other issue that needed to be resolved from the December 11 °i meeting was the previous recommendation of the fire marshal. Turner stated she did visit the site last week and that it would be acceptable to construct the new attached garage without widening the private road on the other side based upon Exhibit F that provides the 20 -foot wide fire lane. McMillan inquired whether the fire lane would be considered the same as the private road. Turner stated it is a private road and would also be considered a fire lane. White noted the applicant is not able to change the width of the roadway except in front of his own property. •Brokl stated his office is in the process of reviewing this matter with Staff in an effort to see whether the roadway could be widened on the other properties. Maney stated in his opinion there is a pretty close agreement on a workable solution but requested that he only be required to widen the roadway in front of his property to 18 feet rather than the 20 feet. Maney commented that the fire code regulating road widths in the city appears to be applied inconsistently. McMillan thanked the applicant for working Maney suggested that the review by the fire end to avoid any late surprises during the de Turner stated the applicant would need to h the City on this issue. >hal be done earlier in the process rather than towards the process. a revised survey and revised hardcover numbers. Bremer moved, Murphy seconded, Application #06 -3245, Sharratt/Maney for Laurence and Ardell Jones, 3605 North Shore Drive, to direct staff Ito draft an approval resolution granting setback, structural lot coverage and hardcover variances based on the revised site plan to be submitted by the applicant. VOTE: Ayes 4, Nays 0. jI MAYOR/COUNCIL REPORT Bremer thanked the residents of the City of Orario for giving her this opportunity to serve on the City Council I PAGE 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 8, 2007 7:00 o'clock p.m. • (8. #06 -3245 SHARRA TTIMANEY FOR LAURENCEAND ARDELL JONES, 3605 NORTH SHORE DRIVE, Continued) Murphy welcomed Cynthia ,Bremer to the City Council. Murphy commented Jiro White and himself recently had lunch with the newly elected Mayor of Minnetonka Beach, which in his opinion will help to solidify Orono's relationship between the two cities. Mayor White commented the cities in this area have a lot of common goals and interests and that he is making an attempt to meet with the mayors of the other cities in an effort to maintain the relationships that have been built over the years. White noted there are monthly mayor meetings that he would like to attend and suggested that when he is unable to attend, one of the other council members fill in. Bremer stated she did attend a breakfast meeting with the Rotary Chub and that it was recommended by Neil Weber that a representative from the Orono City Council and the Long Lake City Council attempt to make the various Rotary meetings. Murphy stated it is his understanding the Rotary Club would like the City of Orono to become a member and that he would not be opposed to that. Murphy recommended the Council look at whether the City should become a member of some of the other local organizations. McMillan noted the MN League of Cities is holding their annual leadership seminar on January 26`x' and 27 °i in St. Louis Park at the Doubletree Hotel. CITY ENGINEER'S REPORT *9. PAY REQUEST NO.1 AND FINAL FOR CSAH 15 AND 19 SIGNAL REVISION EVP INSTALLATION Murphy.moved, McMillan seconded, to approve Request for Payment No. I and Final for the CSAH 15 and 19 Signal Revision EVP Installation Project, in the amount of $7,550.00. VOTE: Ayes 4, Nays 0. *10. FARVIEW NEIGHBORHOOD SANITARY SEWER PROJECT —APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS — RESOLUTION NO. 5565 Murphy moved, McMillan seconded, to adopt Resolution No. 5565 approving plans and specifications for the Farview Neighborhood sanitary sewer improvements and to authorize the advertisement for bids for the construction of the improvements. VOTE: Ayes 4, Nays 0. *11. TH12 /OLD CRYSTAL BAY ROAD WATER MAIN IMPROVEMENTS — APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS — RESOLUTION NO. 5566 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5566 , a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the TH12 /Old Crystal Bay Road Water Main Improvements. VOTE: Ayes 4, Nays 0. PAGE 4 of 8 L� • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 8, 2007 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT 12. ANNUAL APPOINTMENTS — RESOLUTION NO. 5567 Murphy noted the Police Commission is not included in the annual appointments, and recommended that Mayor White serve on the Police Commission as well as serve on the Long Lake Fire Commission. Murphy further.recommended that the Highway 12 Committee and the Highway 12 Turnback Committee be merged. Murphy stated it probably is not necessary for Gabriel Jabbour to continue to serve on the Highway 12 committee since the work on Highway 12 is nearly completed. McMillan suggested White replace her on the Brig Island Committee. White stated he would take over McMillan's spot on the Big Island Committee and recommended that McMillan stay on the Highway 12 Turnback Committee. McMillan recommended that Mike Gaffron andlRon Moorse be added to the Dakota Rail Trail Committee. Murphy stated he does not see the necessity for him to remain on the Dakota Rail Trail Committee and suggested that Cynthia Bremer give some consideration to serving on that committee since she lives in Navarre. Bremer indicated she would be willing to serve on the Dakota Rail Trail Conmlittee. McMillan suggested that Bob Sansevere be contacted to see whether he would be interested in serving on the Lake Minnetonka Cable Communication Commission. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5567, a Resolution Designating Selected Appointments for the Year 2007, with the recommended changes being incorporated into the resolution. VOTE: Ayes 4, Nays 0. 1 *13. CITY RECORDER FEE Murphy moved, McMillan seconded, to approve the fee schedule for 2007 for the City Recorder, effective January 1, 2007, per the staff memo i dated January 3, 2007. VOTE: Ayes 4, Nays 0. *14. SELECTION OF DATE FOR 2007 LOCAL BOARD OF REVIEW Murphy moved, McMillan seconded, to establish Wednesday, April 18, 2007, at 7:00 p.m., as the date and time for the 2007 Local Board of Appeal and Equalization meeting. VOTE: Ayes 4, Nays 0. 1 _ 15. DECLARE COUNCIL VACANCY — Murphy noted the resolution states in the first w office of mayor on January 1, 2007, and that the UTION NO. 5568 that Council Member Jim White will assume the tion should read January 8"' instead. • City Clerk Vee asked whether the term started at the beginning of the year. PAGE 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 8, 2007 7:00 o'clock p.m. (15. DECLARE COUNCIL VACANCY— RESOLUTIONNO. 5568, Continueel) Brokl stated technically the term would start at the time the person is sworn in. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5568, a Resolution Declaring a Vacancy in the Office of Council Member of the City of Orono, subject to the resolution being amended to reflect January 8, 2007 rather than January 1, 2007. VOTE: Ayes 4, Nays 0. The City Council reviewed the application for the Council vacancy and it was the consensus of the Council that the deadline for applying for the vacant council position would be February 1" at 5:00 p.m. *16. PROSECUTING ATTORNEY CONTRACT RENEWAL Murphy moved, McMillan seconded, to approve the three -year renewal of the contract for prosecution services with Ken Potts with a fee of $31,500 per year, and $70 per hour plus expenses for forfeiture actions. VOTE: Ayes 4, Nays 0. *17. APPOINT AUDITOR FOR FISCAL YEAR 2006 Murphy moved, McMillan seconded, to approve the appointment of the audit firm of Malloy, Montague, Karnowski, Radosevich & Company, P.A., to perform the required audits for the 2006 fiscal year records at an estimated cost of $28,200, excluding direct expenses. VOTE: Ayes 4, Nays 0. *18. APPOINT ACTING POLICE CHIEF Murphy moved, McMiIlan seconded, to approve the appointment of Sergeant Correy Farniok as Acting Police Chief effective January 2, 2007, and to set his salary at Step 1 of the Police Chief pay range. VOTE: Ayes 4, Nays 0. *19. CONSULTANT ENGINEER 2007 FEE SCHEDULE Murphy moved, McMillan seconded, to approve the consultant engineering services fee schedule, reflecting a 4 percent increase over the 2006 fee schedule. VOTE: Ayes 4, Nays 0. *20. 2006/2007 POLICE SERGEANT CONTRACT Murphy moved, McMillan seconded, to approve the 2006/2007 police officer Iabor agreement settlement as outlined in the January 5, 2007 City Administrator's Report. VOTE: Ayes 4, Nays 0. *21. POLICE SERGEANT POST EMPLOYMENT HEALTH CARE SAVINGS PLAN — RESOLUTION NO. 5569 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5569, a Resolution Approving a Post - Employment Health Care Savings Plan for the Police Sergeant Bargaining Unit, and Amending the Police Sergeant Labor Agreement to Reflect the Change. VOTE: Ayes 4, Nays 0. PAGE 6of8 • 0 lJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, YJanuary 8, 2007 7:00 I 'clock p.m. *22. CITY ADMINISTRATOR PAY Murphy moved, McMillan seconded, to approl percent per year for a three -year period, to be 9/1/05, and a 4.5 percent adjustment effective S *23. LETTER OF AGREEMENT WITH M Murphy moved, McMillan seconded, to approi Advisors regarding the Police Chief selection p CITY ATTORNEY'S REPORT Brokl stated he has nothing to report. *24. LICENSES the City Administrator's pay adjustment of 3 -ovided through a 4.5 percent adjustment effective /07. VOTE: Ayes 4, Nays 0. )WEST GOVERNMENTAL ADVISORS the letter of agreement with Midwest Government icess. VOTE: Ayes 4, Nays 0. SPECIAL EVENT I 1. Applicant: ZB Construction, Inc., of Arnie Zachman Event: 2007 Spring Parade of Hoines Location: Stonebay — 2538 Sandstone Lane & 753 Boulder Drive Date: February 10 —March 18, 2007, Thursdays through Sundays Time: 12:00 p.m. noon — 6 p.m. 2. Applicant: ZB Construction, Inc., Arnie Zachman Event: 2007 Spring Parade of Homes Location: Stonebay — 2670 Kelley Parkway, Condo #104 Date: February 10 —March 18, 2007, Thursdays through Sundays Time: 12:00 p.m. noon — 6 p.m. i 3. Applicant: Minnesota Distance Running Association, Peter Erpenbach Event: Fred Kurz Memorial 10 Mile Run Location: Luce Line Trail starting at the Wayzata Middle School — approximately 4.5 miles out and back. Date: Saturday, April 14, 2007 Time: 8:30 a.m. —11:00 a.m. TOBACCO LICENSES 1. Navarre Liquors Richard Wood 3421 Shoreline Drive Murphy moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. *25. - BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. PAGE 7 of 8 MINUTES OF THE r. ORONO CITY COUNCIL MEETING Monday, January 8, 2007 7:00 o'clock p.m. • ADJOURNMENT Murphy moved, McMillan seconded, to adjourn the Orono City Council meeting at 8:04 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Li da S. Vee, City Clerk Ja e White, Mayor C: PAGE 8 of 8