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HomeMy WebLinkAbout08-08-2005 Council Minutes' M[INUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 • 7:00 o'cl ck p.m. ROLL The Orono City Council met on the above - mentioned 'date with the following members present: Mayor Barbara Peterson; Council Members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Janice Gundlach; Engineer Tom Kellogg (arrived at 7:18 p.m.), Public Service Director Greg Gappa, and Recorder Jackie_Young_ Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 9, 11, 13, 14, 15 and 16 were added to the White moved, McMillan seconded, to approve VOTE: Ayes 5, Nays 0 • APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Agenda. Consent Agenda as amended. II Y 25, 2005 White moved, McMillan seconded, to approve the minutes of the July 25, 2005 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. RECOGNITION OF HENNEPIN Cd DEPARTMENT, LONG LAKE FIRE DEPT OUTSTANDING SERVICE RELATED TO 'WATER PATROL, ORONO POLICE NT AND EXCELSIOR FIRE DISTRICT FOR MINNETONKA The Orono City Council recognized the members of'the Hennepin County Water Patrol, the Orono Police Department, the Long Lake Fire Department, and the Excelsior Fire District for their outstanding service, particularly related to a number of incidents on Lake Minnetonka. PAGE 1 L� MINUTES OF THE ' ORONO CITY COUNCIL MEETING t Monday, August 8, 2005 7:00 o'clock p.m. PARK COMMISSION COMMENTS — Rick Rice, Representative Rice reported the Park Commission toured Big Island recently, noting that a good portion of the island does consist of wetlands. Rice commented some additional public docks on the island would be useful. Rice stated maintenance of the parkland on the island would probably be an issue and will need to be addressed by the Park Commission. PLANNING COMMISSION COMMENTS — J. Marc Fritzler, Representative Fritzler stated he had nothing to report but would remain for questions. PUBLIC COMMENTS Andrew McDermott, LMCD Representative, addressed the City Council regarding The Future of the Lake Event sponsored by the Lake Minnetonka Conservation District and Crystal Pierz Marine. McDermott encouraged the City Council to attend this worthy event. McDermott reported the harvesting program is proceeding well, but noted that the milfoil is growing at a faster than anticipated pace. McDermott noted inspections for zebra mussels would be conducted at the major docks this coming weekend. McDermott stated the City of Deephaven has requested the LMCD develop a plan and research the anticipated costs to implement a program to help prevent zebra mussels • from entering Lake Minnetonka. McDermott stated the LMCD will also be changing the de -icing regulations for this upcoming winter and that they will be reviewing whether any additional permanent docks should be allowed in the future. McDermott noted the LMCD has passed their budget for the upcoming year. Paul Kaster, 2600 Casco Point Road, noted he was in attendance at the July 11 council meeting. Kaster stated at that meeting he was under the impression that screening was an option for concealing his tractor, which he has since found out is incorrect. Kaster apologized for his misunderstanding. ZONING ADMINISTRATOR'S REPORT *4. #05 -3112 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING — VARIANCE AND SUBDIVISION — RESOLUTION NO. 5364 and 5365 White moved, McMillan seconded, to adopt RESOLUTION NO. 5364, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 4480 Forest Lake Landing and 1090 Wildhurst Trail; and to adopt RESOLUTION NO. 5365, a Resolution Granting Rear /Street Yard Setback and Hardcover Variances for the property located at 4480 Forest Lake Landing. VOTE: Ayes 5, Nays 0. • PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 • 7:00 o'cl ck p.m. 5. #05 -3125 CHRISTINE VALER11US, 2377 SHADYWOOD ROAD — CONDITIONAL USE PERMIT — AMEND RESOLUTION NO. 5359 I Christine Valerius, Applicant, was present. Gundlach stated the applicant received approval of a bonditional use permit to allow an office in a B -1 zoning district at the July 25, 2005 Council meeting. Following approval of the resolution, the applicant has requested an amendment to allow for monument signage for the proposed office uses. The signage was prohibited under the approved resolution. Gundlach indicated the proposed signage by the applicant has been included in Council's packet as Exhibit A. Gundlach noted Item 6 of the resolution prohibits exterior building signage for the proposed offices except for a nameplate to be no larger than 1.5 square feet per office use, with monument signage being prohibited. Gundlach stated it was Staff's understanding the offices would be one and two person offices requiring limited to no customer visits, which would also factor into the amount of parking required. Staff felt allowing monument signage may not meet the intent of the approval as monument signage is typically desired to draw customers into the site. Valerius indicated she was surprised that the restriction on the signage was included in the resolution and that it would be difficult to rent the office space if the tenant is not allowed to erect a sign. • Sansevere stated he had the understanding that only,I ne office would be rented. Valerius stated they are planning to occupy one of the offices but that in the future they may decide to rent that office out as well. Valerius stated Caribou Coffee has agreed to make their sign smaller to accommodate the other signage on the monument sign. McMillan inquired whether Caribou Coffee is allowd to have a monument sign. Gundlach noted Caribou Coffee is operating under r conditional use permit and is in compliance with the signage requirements for the B -1 District. Gundlach stated 254 square feet of signage is allowed under the code for this zone. McMillan inquired whether Caribou Coffee would monument sign. Gundlach indicated there would be. McMillan inquired whether the applicant is i Valerius stated she is not. 3 have signage on the building in addition to the in erecting signage on the building. White indicated he does not have a problem with the request to amend the resolution and concurred that it •would be difficult to rent the space if the tenant is not allowed to display a sign. White noted the tenant would not be a high - volume business. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. • ( #05 -3125 Christine Valerius, Continued) Murphy inquired whether the signage for the two offices was included in the original application. Gundlach stated it was not. Murphy inquired where the monument sign would be located. Gundlach stated it would be located on the Shadywood side of the building in the northern corner, which does meet all the required setbacks. Murphy indicated he had the understanding at the last meeting that no signage would be permitted under the resolution, which would include Caribou Coffee. Gundlach stated Caribou Coffee was a separate application for a conditional use permit. Gundlach stated signage for Caribou Coffee was not discussed. Valerius stated signage for the two offices was also not discussed at the council meeting. Peterson commented it was her understanding that the offices would not generate a high amount of traffic • and that signage would not be necessary. Valerius stated in her opinion the tenants should have the right to erect a sign. Peterson noted the business was approved conditionally. Gundlach stated the City has the right to impose reasonable standards to insure that the use operates in the manner the City would like it to operate. Gundlach stated the two main issues discussed were the impact on the parking and how intense the use would be. Barrett stated to his understanding the City can impose some restrictions with a conditional use permit but that the legal question is what the B -1 zoning allows for signage. Barrett stated if signage is allowed in the B -1 zoning district, the City probably could not prohibit signage on this site as part of the conditional use permit. McMillan commented she was surprised that a monument sign was going to be erected on this site. Sansevere inquired whether the size of monument sign being proposed in this instance exists elsewhere in the area. White stated there are also similar signs located in the neighborhood. White commented that the applicant has put a considerable investment in this property and that this area currently has a number of signs. U PAGE 4 r 1 U • 0 ORONO CITY C Monday, � 7:00 o' ( #05 -3125 Christine Valerius, Continued) Valerius stated signage was not discussed at the pi that signage would not be allowed on the property Peterson pointed out that the other businesses in this OF THE rNCIL MEETING ;ust 8, 2005 ck p.m. .s council meeting and that she was not notified she received the resolution in the mail. do not have a freestanding sign. Gundlach indicated the other properties do not meet the requirements for a freestanding sign. Murphy stated in his view a monument sign might allowed signage for Caribou Coffee on this site, it erecting a sign. Sansevere inquired what the size of the signs would Gundlach stated the applicant has indicated the monument. excessive for this property, but since the City has Ad be difficult to restrict the other two offices from for the two offices. would be eight inches tall by the length of the Sansevere noted the two smaller signs would take up approximately two feet of the monument sign. Peterson indicated she is in agreement with the language contained under Staff's recommendation. Peterson stated she had the understanding that the office use did not require signage and that the signage for Caribou Coffee would be located on the building. Valerius noted a monument sign is allowed in the B11 District and that a monument sign has been erected at the Snyder Drug across the street and at Culver's,!along with a number of other businesses in the area. ;I Murphy noted the City does allow monument signs in the B -1 district. Murphy stated he did not realize that Caribou Coffee was going to erect a 10 -foot monument sign. Gundlach noted the City did adopt a monument sign is in compliance with those standards. White moved, McMillan seconded, to approve a conditional use permit issued to Christine Valer spaces situated above Caribou Coffee located at amendment approximately one year ago and that this amendment to Resolution No. 5359 for the s to allow monument signage for the two office 377 Shadywood Road as proposed. Sansevere commented he has the impression that the offices are being portrayed in two different ways depending on what the applicant wants at the time. ; Sansevere stated he feels like he has been duped. Valerius stated it was never her intent to try to dupe anybody on the council and that she was not aware of the restriction on the signage. Valerius acknowledged that their application did change slightly as time went on. Valerius reiterated the restriction on the sianaae was never discussed. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. ( #05 -3125 Christine Valerius, Continued) Gundlach stated the restriction on the signage was included in the resolution that was mailed to the applicant prior to approval of the resolution at the last council meeting. Valerius indicated she was not aware that language was included within the resolution or she would have brought it up at the last council meeting. Gundlach noted the applicant was not present at the last meeting Peterson reiterated it was her understanding that the office space would not be a high volume business that would require signage. Murphy commented that this application has grown considerably over the course of the past few months. Sansevere stated he would approve the signage since it is allowed in the B -1 District. Peterson inquired whether the Planning Commission should review this change. r 1 LJ Gaffron stated in his opinion it is not a significant enough change to warrant bringing it back before the Planning Commission. 0 VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, Peterson Opposed. *6. #05 -3126 TODD AND MYSTI COURNEYA, 4620 TONKAVIEW LANE — VARIANCE — RESOLUTION NO. 5366 White moved, McMillan seconded, to adopt RESOLUTION NO. 5366, a Resolution Granting a Front Yard Setback Variance for the property located at 4620 Tonkaview Lane. VOTE: Ayes 5, Nays 0. *7. #05 -3128 GREGORY O'CONNOR AND RICHARD FRUEN, 400 AND 410 BIG ISLAND — LOT LINE REARRANGEMENT — RESOLUTION NO. 5367 White moved, McMillan seconded, to adopt RESOLUTION NO. 5367, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 400 and 410 Big Island. VOTE: Ayes 5, Nays 0. • PAGE 6 ORONO CITY C • Monday, � 7:00 o' • n U i S OF THE IbNCIL MEETING 'gust 8, 2005 lock p.m. 8. #05 -3129 ASCENT INVESTMENTS, INC., ON BEHALF OF DOUGLAS KLINT, 1345 REST POINT LANE — VARIANCE Peterson moved, Murphy seconded, to table Application #05 -3129, Ascent Investments, Inc., on behalf of Douglas Klint,1345 Rest Point Lane, at the request of the applicant. VOTE: Ayes 5, Nays 0. ;.I *9. #05 -3130 STEPHEN AND JEAN SKORO, 2428 CASCO POINT ROAD — VARIANCE — RESOLUTION NO. 5368 1 White moved, McMillan seconded, to adopt RESOLUTION NO. 5368, a Resolution Granting a hardcover variance for the property located at 2428 Casco Point Road. VOTE: Ayes 5, Nays 0. *10. #05 -3133 BRUCE AND ELIZABETH NUSBAUM, 3480 NORTH SHORE DRIVE — VARIANCE — RESOLUTION NO. 5369 1 White moved, McMillan seconded, to adopt RESOLUTION NO. 5369, a Resolution Granting Variances and a Conditional Use Permit for the property located at 3480 North Shore Drive. VOTE: Ayes 5, Nays 0. *11. #05 -3138 DAN LARKIN ON BEHALF ROAD — VARIANCE — RESOLUTION NO. 5: White moved, McMillan seconded, to adopt Variances for the property located at 13761 12. HOME OCCUPATION LICENSE Jeff and Tracy Cordes, 830 Forest Arms Lane, Curtis stated in response to an inquiry regarding th and contracting business at 830 Forest Arms Lane, occupation license has been issued for this propert home occupation should be classified as Level 1 of determination subject to city council confirmation this instance, it is unclear as to whether or not the occupation or if the use is prohibited. P SANDRA BENSON, 1376 BALDUR PARK OLUTION NO. 5370, a Resolution Granting r Park Road. VOTE: Ayes 5, Nays 0. — 830 FOREST ARMS LANE present. home occupation license status of the landscaping Staff researched the file and determined that no home . Curtis stated in cases where it is unclear whether a Level 2, the zoning administrator shall make such a f requested by the operator of the home occupation. In roperty owners are operating a Level 2 home MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. • (Home Occupation License Review, Continued) Curtis indicated home occupations are subject to sixteen performance standards. It appears to Staff that the applicants are unable to meet four of the sixteen performance standards; specifically standards five, six, eight and nine. Section 78- 1376(e) defines seven categories of "prohibited home occupations" which have a tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations. Curtis stated it appears that categories four and seven potentially fit the activity associated with the current landscaping business operation. Staff believes that the level and the type of activity of this landscape business as it is currently being operated falls into the category of a prohibited use and should be discontinued in residential neighborhood. Council is requested to review the information and make a determination as to whether the applicants' business qualifies as a Level 2 or is prohibited. Should the Council determine that the business qualifies as a Level 2 home occupation, additional appropriate performance standards or conditions should be considered. Mrs. Cordes stated the reason they are before the council is that they were unaware a license was necessary until several months ago when they received notification from the City. Cordes stated they did attempt to comply with the City's requirements outlined in the notification, but due to the heavy rains experienced in the spring, they were delayed in completing all the items. . Mrs. Cordes stated they feel they are not running a business out of their residence but merely storing the equipment on their property. Cordes stated they have one employee currently who parks his truck at the rear of their property out of sight of the neighbors and that there is no adverse impact on the traffic. Mrs. Cordes stated there is no exterior signage for this business and they have not changed the look of the property to accommodate this business. Sansevere inquired whether every piece of equipment is stored indoors. Mrs. Cordes stated it is unless it is being used somewhere offsite. Cordes stated they started building the garage in October of last year and nothing was brought to their attention at that time. Cordes indicated they do plan to move the business offsite should the business grow to that point. Mrs. Cordes indicated the only noise that comes from their property that is in any way related to this business is driving out in the morning and returning to the property at the end of the day. Cordes indicated the bobcat was utilized to do some personal landscaping on their property but that the majority of the noise heard from their property does not emanate from the business. Sansevere inquired whether the four standards cited by Staff could be met. Mrs. Cordes stated Item No. 6 occurred prior to the garage being completed and that currently there is nothing being stored outdoors. • PAGE 8 ORONO CITY C, • Monday, � 7:00 of (Home Occupation License Review, Continued) Sansevere inquired whether Staff has returned to the Curtis stated she has not been back to the property Mr. Cordes distributed pictures of their property to Sansevere inquired whether Items 5, 6, 8 and 9 Curtis stated the property owners would not be able offsite. Curtis indicated that only the RRI -A and RI utilized for home occupations. OF THE INCIL MEETING ust 8, 2005 ck p.m. her initial inspection. Council. be complied with. i address Item 5 unless the equipment is moved -B zoning districts allow accessory buildings to be Ky Sorenson, 860 Forest Arms Lane, stated a drastic change has occurred since the City has become involved in this situation, but that up until approximately six weeks ago, the equipment was spread all over the neighborhood. I • Sorenson stated he has a fundamental right as a property owner to enjoy the peace and quiet and that in his opinion, given the zoning of this area, a landscaping business should not be allowed on this property. Sorenson stated this situation is beyond what good neighbors should be required to tolerate. Robert Bonnema, 800 Forest Arms Lane, indicated this area is zoned residential. Bonnema stated he did hire Jeff approximately one year ago to mow his laid but that this business has grown over the past year. Bonnema distributed pictures to the council of the Cordes property that were taken within the past six weeks. Bonnema explained that a gravel road has also been constructed along the property line to access the accessory structure. Bonnema noted his property is currently for sale and that his real estate agent has informed him that if this home occupation license is approved, it would have a 10 to 20 percent negative impact on the value of his house. Mrs. Cordes stated she does not want to downplay the concerns of the neighbors, but that there are also a number of neighbors who do not have any issue with their business. Mr. Cordes stated one of the neighbors who did sell their residence did submit a letter indicating that their business did not negatively affect the value of their property. McMillan inquired whether this property is in compliance with the hardcover limits. • Gaffron stated the gravel driveway is relatively new and that Staff does not have any issue with the physical improvements to the property since they have not required any variances. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. • (Home Occupation License Review, Continued) Murphy inquired whether they have a business address separate from their home address. Mr. Cordes indicated their address is not advertised but merely their phone number. Murphy inquired where the customers of this business would come if they wanted to view the equipment. Mr. Cordes indicated he would bring the equipment to their residence and that they would not be coming to their property. Mrs. Cordes stated their business mail gets sent to 830 Forest Arms Lane. Mrs. Cordes stated the neighbors have not had a problem in the past when Jeff plowed their driveway or mowed their grass and that the problem has just arisen in the past four months. Murphy inquired whether the business has grown recently. Mr. Cordes stated it has not grown since he started it. Murphy commented the City Council has to go by what the codes dictate. Murphy noted the Planning • Commission did review home occupations a few years ago. Gaffron stated the City did adopt the Home Occupation Ordinance as a result of the discussions by the Planning Commission and that this is probably the first application that has been brought before the City under that ordinance. Gaffron stated in the past the City has had problems with landscape businesses starting small and growing larger. Gaffron stated in the case of a smaller neighborhood, it does not take long before the home occupation becomes an issue. Murphy stated there is a difference between a property owner having a bobcat for his own personal use and a property owner owning a bobcat to operate a business. Murphy stated in his opinion this neighborhood is not fit to have this type of business run out of this property, particularly in light of items five and nine. Mr. Cordes indicated the bobcat is used very minimally. Mrs. Cordes stated all the equipment was owned prior to starting the business. Cordes stated even if the business did not exist, they would still have this equipment. McMillan pointed out a business tends to require more intensive maintenance of the equipment, which is one of the issues under the ordinance. Mr. Cordes stated the trailer depicted in one of the photographs has been sold and that the other picture depicts him leaving the property. • PAGE 10 ORONO CITY C • Monday, � 7:00 of (Home Occupation License Review, Continued) White stated the City has received letters from more opposed to it but that in his view the people who live stated the city ordinance is very clear and does not a Sansevere inquired whether the property owner office separate from the residence. Gaffron stated it would probably be considered coma home occupation ordinance because it is being run p Barrett stated it appears that a level one home occi an office at this location but that the storage of the Peterson inquired whether the applicant does any Mr. Cordes stated he does not do snow plowing. • Peterson stated she has a concern since the garage Mr. Cordes stated he would have constructed the i • 5 OF THE UNCIL MEETING gust 8, 2005 lock p.m. )eople who support this business than those who are closest to the business have the most say. White ow this type of business. store the equipment on his property if he has an storage. Gaffron stated it falls under the from the home. license could probably be granted to allow just ss equipment is the deciding factor. plowing in the winter. constructed primarily for the business. even if he did not own the business. Sansevere commented the Council's hands would b I tied even if the neighbors were not opposed to this business. Mrs. Cordes inquired which equipment is obj owned prior to starting the business. Curtis stated if the equipment is for personal use, t would be the bobcat and would be required to be s triggered when the equipment is used for business Murphy inquired whether the applicant makes Mr. Cordes stated he does. Murphy inquired whether Mr. Cordes makes Mr. Cordes indicated he does not. le, noting that the majority of the equipment was item that is considered special mobile equipment ed in a garage. Curtis stated Items 5 and 9 are with the equipment. from other endeavors outside of this business. Murphy reiterated this business unfortunately does' ot fit the neighborhood. Mrs. Cordes pointed out there are very few properties in their neighborhood and that one home or another has been under construction since they moved there. PAGE 11 it MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. • (Home Occupation License Review, Continued) Peterson inquired whether they are in the infancy stages of this business. Mrs. Cordes stated they are. Peterson inquired what would happen once they outgrew their garage. Mr. Cordes stated they would like to build a mini - storage and run the business out of that location. Cordes stated it was their intention when they started this business that this would be a temporary situation. White suggested the Cordeses explore other storage facilities. Murphy commented that Orono is becoming more urban as time goes on, which requires tighter regulations. Mrs. Cordes stated it was their understanding that they were here tonight to get the license for one year. Mr. Cordes stated the people who do landscaping are also part of the city and that he is looking to park his • equipment in his garage. Sansevere stated the issue is that the equipment is being used for business reasons and that the lots in this area are approximately one acre, which are not conducive to this type of business. McMillan stated this area is zoned residential and needs to remain residential for good reasons, with everyone falling under the same restrictions. Sansevere inquired whether the business is dormant in the winter. Mr. Cordes stated it is. Sansevere inquired whether he could store his equipment in the garage during the winter. Gaffron stated there is no specific code section that deals with temporary winter storage, but that in his view it would still be considered a business if the equipment is stored on the property during the winter. Gaffron stated the Council should determine whether this is a Level 1 or a Level 2 license and place whatever restrictions the Council feels is necessary for the neighborhood. Gaffron stated if the Council determines that this use is prohibited under the City ordinances, the applicants should be directed to cease operating the business at this location. Sansevere inquired what type of time limit could be given for removal of the equipment. • PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. (Home Occupation License Review, Continued) Gaffron indicated the code does not address that specifically and that it would be up to the discretion of the Council. Barrett pointed out Staff has concluded that no license can be issued because of the nature of the business and that this hearing could be considered a review of that decision. Barrett stated the question becomes whether it is still a home occupation if no business is being conducted outside of the storage of equipment. Gaffron stated in his opinion the storage of commercial equipment during the winter would be considered a business. Murphy moved that the Council finds that this is a home occupation that is prohibited under City Code and that the property owners have 90 days from today's date to remove the equipment off site. Mrs. Cordes inquired whether the mower could be kept on site as well as the wood chipper for their personal landscaping. • Peterson stated they could be stored on site as long as it is used for personal reasons. Peterson stated the bobcat and trailer would probably need to be stored "off site. Sorenson stated he would like to see the regulations, upheld and that he would like to see the equipment utilized in the business removed. Bret Riemenschneider, 835 Forest Arms Landing, day is not a nuisance. Riemenschneider indicated that the equipment is being parked indoors. White stated the ordinance specifically prohibits White seconded the above motion. Peterson suggested the applicant work with Staff on the property. ed in his opinion mowers on trailers leaving once a Cordes property is clean and well maintained and type of business in a residential, neighborhood. determine which pieces of equipment could remain McMillan suggested Staff determine which pieces iof equipment should be allowed to stay. Curtis read the section relating to special mobile ec not allowed to be stored outdoors. • White concurred that Staff could determine which VOTE: Ayes 4, Nays 1, Peterson Opposed. P and noted that special mobile equipment is of equipment can remain on the property. E13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. • (Home Occupation License Review, Continued) Peterson stated she is opposed to the motion because she would like to see a longer time frame for removal of the equipment. Sansevere indicated he would be willing to extend the amount of time. Bonnema indicated his home has been on the market and that he would like a definite deadline for when the business will be off the property. Murphy amended his motion to impose a deadline of November 15, 2005, for removal of all equipment designated by Staff. White seconded. VOTE: 4, Nays 1, Peterson Opposed. MAYOR/COUNCIL REPORT Sansevere stated he would like a period of time established for when people can request amendments to resolutions. White stated the applicants have until they sign off on the resolution. Murphy indicated City Administrator Moorse and himself will be meeting with Mn/DOT and Ames Construction to discuss issues involving the railroad's delay in leveling the tracks and how that will impact construction. White indicated he has recently walked the Dakota Trail from the Crystal Bay Post Office to the end of Casco Point and that in his opinion the houses located along this trail are not in close proximity as compared to other trails in other communities. PUBLIC SERVICE DIRECTOR'S REPORT *13. REQUEST FOR PAYMENT NUMBER 1— NAVARRE WATER TOWER REHABILITATION White moved, McMillan seconded, to approve Change No. 1 for the Navarre Water Tower Rehabilitation Project to Classic Protective Coatings, Menomonie, Wisconsin, in the amount of $2,500. VOTE: Ayes 5, Nays 0. • White moved, McMillan seconded, to approve Request for Payment No.1 for the Navarre Water Tower Rehabilitation Project to Classic Protective Coatings, Menomonie, Wisconsin, in the amount • of $137,584.70. VOTE: Ayes 5, Nays 0. PAGE 14 4 . -Al Iv iI ORONO CITY C Monday, � • 7:00 0' • • *14. APPROVE EMINENT DOMAIN EASEMENT White moved, McMillan seconded, to approve p Gary Spindler for the Baldur Park Drainage Ea Stormwater Fund Budget, and approval of a bu VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT OF THE INCIL MEETING ust 8, 2005 ck p.m. BALDUR PARK DRAINAGE ant of the settlement in the amount of $3,500 to :nt Domain Proceedings from the 2005 adjustment to reflect this expenditure. *15. Mn/DOT TRAFFIC SIGNAL AGREEMENT — RESOLUTION NO. 5371 White moved, McMillan seconded, to approve the adoption of RESOLUTION NO. 5371, a Resolution authorizing the City of Orono to enters into a cooperative agreement with Mn/DOT related to the traffic signal improvements at the County Road 6 and Highway 12 interchange. VOTE: Ayes 5, Nays 0. 1 CITY ATTORNEY'S REPORT City Attorney Barrett had nothing. to report .N *16. LICENSES SPECIAL EVENT 1. Applicant: Laura Welch Riviere Event: Yard Party with music Location: 1453 Park Drive Date: Saturday, August 27, 200 Time: Noon — Midnight 2. Applicant: Mimi Ryerse, Long Lake Event: 2005 Corn Days Parade Location: Parking on Hackberry H Date: Sunday, August 14, 2005 Time: 11:30 a.m. —1:30 p.m. 1, \ Chamber of Commerce PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. • (Licenses, Continued) 3. Applicant: Eric Vogstrom, Vogue Homes Event: 2005 Fall Parade of Homes Location: 2618 Casco Point Road Date: September 10 — October 9, 2005, Thursdays through Sundays Time: Noon — 6:00 p.m. White moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *17. BILLS White moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0. ,_ 1 1 1 10u I_ v Peterson moved, White seconded, to adjourn the Orono City Council meeting of August 8, 2005, at 9:00 p.m. VOTE: Ayes 5, Nays 0. • ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor is PAGE 16