HomeMy WebLinkAbout08-22-2005 Council MinutesORONO CITY C
Monday, A
• 7:00 o'
ROLL
The Council met on the above mentioned date w
Peterson; Council members Bob Sansevere, Jim
Barrett; Representing staff were, City Administr
Planners Janice Gundlach and Melanie Curtis, P
Kellogg and Recorder Kristi Anderson.
Council member Jim Murphy was absent.
Mayor Peterson called the meeting to order at 7
CONSENT AGENDA
1. Approve /Amend
Items 4, 6, 8, 13, 14, 15, 16, 17, 19 and 20 were
White moved, Sansevere seconded, to approve
4, Nays 0.
• APPROVAL OF MINUTES
2. Regular Council Meeting of August 8,
OF THE
INCIL MEETING
xst 22, 2005
ck p.m.
the following members present: Mayor Barbara
cite, and Lili McMillan; City Attorney Thomas
- Ron Moorse, Planning Director Mike Gaffron,
is Service Director Greg Gappa, Engineer Tom
P.M, followed by the Pledge of Allegiance.
to the Consent Agenda.
Consent Agenda as amended. Vote: Ayes
White moved, Sansevere seconded, to approve'the Minutes of August 8, 2005, as submitted.
VOTE: Ayes 4, Nays 0.
PRESENTATION
3. 2004 Comprehensive Annual Financial Report — Ken Malloy
Ken Malloy, of the City's auditing firm, presented the management report and audit summary from
the annual report for the City. Malloy noted that, with regard to internal controls and compliances,
there were no notable issues. He pointed out that the structure of the statements had changed due to
the GASB requirements. While LGA and State hinds have been cut substantially over the past few
years, Malloy pointed out that the growth in the market values for homes in Orono is higher than
state averages; thus revenues from property taxes is higher due to the values. By contrast, Orono
has a low property tax rate of merely 17 %, as compared to the 40% statewide average. While
public safety expenses are higher due to the shared service agreements; Malloy noted that the cash
and fund balances are about even. He mentioned that the golf course cash balance and net asset
balance continues to decline and recommended the City keep an eye on this fund.
White asked how the $400 per capita for shared public safety services compared to other cities.
Malloy stated that the communities that provide joint or shared services naturally have a higher per
• capita rate, since the services are covering additional cities.
PAGE 1 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m. •
(3. 2004 Comprehensive Annual Financial Report —Ken Malloy, Continued)
Tom Kuehn suggested that the per capita fee is somewhat deceiving since the shared services cover
more than the Orono area and fees should be calculated on the entire service area.
Sansevere asked what percent of cities fall as low as Orono with regard to property taxes.
Kuehn stated that Orono is first to third lowest in the county.
Malloy stated that Orono is definitely within the lowest of cities with regard to property tax rates.
RECOGNITION
*4. Donation from Lisa Erickson for Highway 12 Shuttle Bus
White moved, Sansevere seconded, to accept the $1,960 donation from Lisa Erickson, and to
express the City's appreciation for her generous support of the Highway 12 shuttle bus
service. VOTE: Ayes 4, nays 0
PARK COMMISSION COMMENTS — Jeff Soderstrom
Due to the absence of a Park Commissioner, there was no report.
PLANNING COMMISSION COMMENTS — Jim Leslie,
Leslie stated that he had nothing to report, but would remain for questions.
PUBLIC COMMENTS
There were none.
ZONING ADMINISTRATOR'S REPORT
5. #04 -3039 WETLAND ORDINANCE — ORDINANCE ADOPTION - ORDINANCE
NO. 28, THIRD SERIES
Gaffron presented the final ordinance and summary for the Council comment.
McMillan questioned the dock width allowance.
Gaffron stated that the DNR and LMCD recommend a width of 8'; whereas, the Ordinance reflects
a 4' width. He questioned whether the Council would prefer the width be changed to correspond to
the DNR and LMCD requirements.
•
Attorney Barrett stated that a change could be made to the Ordinance along with a basis for the
change to p.10, Section 78 -1606.
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PAGE 2 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
• 7:00 o'clock p.m.
•
•
(5. #04 -3039 WETLAND ORDINANCE, Contiqued)
In addition, Gaffron noted that the MCWD made the allowance that a buffer is not necessary for a
man made stormwater pond, though staff would recommend a setback.
McMillan stated that she was concerned about the impacts of the Ordinance on existing
homeowners who would now be out of complianceiwith regard to buffers or setbacks. With this in
mind, she encouraged flexibility from staff and Council to those that will be affected, as these
existing homeowners may be faced with difficulties.
Gaffron stated that a buffer flexibility section regarding drainage and directing water flow is
necessary and will provide a sense of sensitivity for existing homeowners and offer flexibility.
White moved, McMillan seconded, to adopt
Protection Ordinance with the dock width c
acknowledgement of flexibility for existing 1
Attorney Barrett suggested that Council direct
precursory details.
White moved, Mayor Peterson seconded, to d
with additional precursors. VOTE: Ayes 4, N
1ANCE NO.28, Third Series, a Wetland
as noted on P. 10, section 78 -1606, and
ners. VOTE: Ayes 4, Nays 0.
to publish a summary with additional
staff to publish an Ordinance summary
0.
*6. #05 -3104 DAVID AND RENEE MACK, 1978 SHADYWOOD ROAD - VARIANCE
White moved, Sansevere seconded, approving the revised plans as proposed, subject to
submittal of a revised survey and site grading and drainage plan for the City Engineer for the
residence at 1978 Shadywood Road. VOTE: Aye s 4, Nays 0.
7. #05 -3129 ASCENT INVESTMENTS, INC. ON BEHALF OF DOUGLAS KLINT,
1345 REST POINT LANE - VARIANCE I
Gundlach explained that the applicant was requesting lot area, lot width, and side street setback
variances to permit construction of a new residence on an existing lot. The Planning Commission
voted to approve the lot area and lot width variances, but deny the side street setback variance
based on the lot containing adequate buildable area within the required setbacks. Gundlach
indicated that staff's recommendation was concurrent with the Planning Commission
recommendation, as no inherent hardship to the property exists to warrant a side street setback
variance for a new home that could be reconfigured to not require variances beyond lot area and lot
width.
Klint pointed out that he wished to move the driveway and plant trees improving the appearance
along the side lot line of Rest Point Lane that had been altered by the ROW. He stated that he did
not wish to construct a long narrow home on the property, but instead to build a standard width
home and clean up the excessive debris on the property.
PAGE 3 of 9
MINUTES OF THE _
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m. •
(7. #05 -3129 ASCENT INVESTMENTS, INC. ON BEHALF OF DO UGLAS KLINT,
Continued)
Sansevere asked whether Klint's hardship supported the variance request in staff's mind. He noted
that Council's greatest responsibility is consistency.
Gundlach and Gaffron indicated that they felt the home could be built within the setbacks and were
not compelled by the applicant's hardship, since no one knows how the ROW public access may
need to be used in the future.
White stated that, while he sympathized with the applicant's wishes for his design and desire to
clean-up the property, Council was in an awkward position.
Klint pointed out that hardships are unique to every property and in his view, moving the home
closer to the less busy road and away from the high traffic road seemed like a logical hardship to
improve the property. He encouraged the Council to consider what was in the best interest of the
community, to clean up this parcel and restore the fire lane side yard to its natural state or remodel
the existing noncompliant residence.
McMillan maintained that, oftentimes, homeowners on either side of fire lanes encroach more and
more, while it is the City's responsibility to preserve and retain these ROW'S.
White stated that he felt hard pressed to overturn staff's recommendation, since there is adequate •
buildable space on the property.
Though sympathetic to the applicant's position, Mayor Peterson stated that she concurred with
White.
Klint stated that the fear of setting a precedent in the future should not blind the Council from
making a reasonable decision adopting a good plan for this application. He maintained that while
the Council had a fiduciary responsibility to its constituents, staff does not hold the same level of
responsibility to the public and makes recommendations based by the book.
McMillan asked the applicant whether he wished to table to redesign or move forward with a vote.
Klint stated that he could not imagine how he could make the home work for him if he were forced
to redesign to fit the buildable area, as he had attempted several designs already to no avail. He
indicated that he would likely give up and do something else with the property.
Attorney Barrett pointed out that if the applicant were denied his application, he could not reapply
for 6 months.
Klint asked to proceed.
Sansevere moved, Mayor Peterson seconded, to direct staff to direct a resolution approving a
lot area and lot width variance but denying the side street setback variance for property
located at 1345 Rest Point Lane, once the applicant has submitted a revised plan including a •
grading and drainage plan for City Engineer review and approval. VOTE: Ayes 4, Nays 0.
PAGE 4 of 9
�A
•
OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m.
*8. #05 -3134 RICHARD AND PATRICIA
VARIANCE — RESOLUTION NO. 5372
White moved, Sansevere seconded, adopting 1
hardcover variances stipulating the removal c
setback zone for the residence located at 2705
*9. #05 -3140 ANDREW AND KRISTEN
VARIANCE — RESOLUTION NO. 5373
White moved, Sansevere seconded, adopting
rear yard setback and average lakeshore setl
VOTE: Ayes 4, Nays 0.
*10. #05 -3144 BERKSHIRE PROPERTIF
PUD /COMMERCIAL SITE PLAN RENEW.
White moved, Sansevere seconded, adopting
a one year extension for the Commercial Site
Berkshire Properties, 2745 Kelley Parkway.'
11. APPEAL OF ENFORCEMENT
,2705 WALTERS PORT LANE —
SOLUTION NO. 5372, a Resolution granting
142 s.f. of timber borders within the 0 -75'
Valters Port Lane. VOTE: Ayes 4, Nays 0.
3030 CASCO POINT ROAD —
OLUTION NO. 5373, a Resolution granting
variances for 3030 Casco Point Road.
2745 KELLEY PARKWAY —
, — RESOLUTION NO. 5374
)LUTION NO. 5374, a Resolution granting
approval approved on June 14, 2004, for
Ayes 4, Nays 0.
— 2990 CASCO POINT ROAD
After receiving a nuisance complaint and performing a site inspection in May of 2005, Curtis
explained that the owner was sent a notice of violation including the appropriate City Code
sections. She noted that the property owner has requested an appeal of the violation notice
regarding the expired or inoperable vehicles stored on the property. Curtis indicated that the
property owner has worked with staff to remove most of the existing violations and a few other
items have been negotiated to extended deadlines; however, the vehicles in violation and numerous
vehicle parts remain and the property owner has indicated his intent to sell these items instead of
removing them by the deadline date. ,I
The owner has also requested that he be allowed to tarp the items and has been opposed to
removing them from the property. Curtis pointed out that these items stored outside and covered
with tarps would still be in violation and the next step for staff is to proceed with the enforcement
action to have the vehicles and other items in violation abated, or removed from the property.
Curtis noted that staff would hire a towing service or contractor to remove the violations and the
property owner would receive a bill for the service. Curtis stated that it would be staff's
recommendation that the Council direct staff how the violations should be addressed.
Pekarik explained that he was a mechanically it
autos. He ensured the Council that he was not a
someday. He stated that the vehicles and parts i.
requested that the Codes be changed or amende
his property.
lined fellow who picked up odd jobs in rebuilding
eadbeat and that it was his intent to remodel
question hold value to him and his business. He
so that he would be allowed to retain his items on
PAGE 5 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m. •
(11. APPEAL OF ENFORCEMENT ACTION— 2990 CASCO POINT ROAD, Continued)
Sansevere asked whether Pekarik had considered a side yard setback for an additional garage to
store his vehicles and parts.
Pekarik asked if City staff was allowed to inspect his property without his permission and look
under tarps he has placed on his parcel.
Curtis stated that during the sit inspection she attempted to contact the property owner by knocking
at the door.
Attorney Barrett stated that there is an allowance that allows City staff to walk on property and
inspect nuisance complaints or violations.
Pekarik asked what the proper procedure for tarping things is on his personal property which would
allow him to retain his belongings or block them from view.
White stated that there is a standard within the City, and if he insists on keeping all of these items
on his property it is considered a junk yard. Junk yards are not allowed in the city whether the
neighbors can see the items or not, they are not allowed.
Sansevere stated that it appeared to him evident that staff had performed their due diligence; they •
have identified the items and debris, all of which are not allowed within the city limits.
Pekarik stated that he could construct a fence to keep his items from view and again, asked that the
breadth of the Ordinance be expanded to allow him to keep his possessions. He distributed a packet
of pictures from the property.
Curtis pointed out that the pictures within the staff packet reflect the remaining items as of August
17, 2005.
Attorney Barrett reiterated that City Codes prevent people from storing these items on their
property.
Pekarik commented that he wished to meet the city halfway and had suggestions for consideration
that could be added to the Ordinance in his situation.
Sansevere pointed out that this was not a negotiation. He indicated that if Mr. Pekarik needed more
time to comply with the Ordinance, the City would be willing to work with him, but will not
rewrite the Code to fit his conditions.
Pekarik pointed out that he had a tarped covered trailer that he used to store things and did not
understand why he could not do so. In addition, he asked why he was not allowed to keep his
unlicensed cars used for parts on his property and wished to see the Ordinance changed.
McMillan stated that this was an eyesore issue. 0
Curtis stated that the Codes state that the unlicensed vehicles must be stored indoors.
PAGE 6 of 9
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m.
(11. APPEAL OF ENFORCEMENT ACTION —
Attorney Barrett pointed out that Mr. Pekarik cou
however, this evening was an appeal of what was
He reminded the resident that this was an enforce
CASCO POINT ROAD, Continued)
petition the City to change the Ordinances;
ippening to his property under current codes.
-,nt issue.
Pekarik stated that he would like to present new options for the Code. While he acknowledged that
some of the items were beginning to pile up on his property and needed to be cleaned up, he
wished to keep some of the pieces that he viewed as valuable. He stated that he had complied with
15 of 19 violations and wished to address the remaining ones, noting that he did obtain a title for
the boat on his property, and would be licensing the remaining car, and attempting to sell the car
parts.
Mayor Peterson pointed out that even with current labs, the vehicle must be operable.
Curtis stated that the suburban parts must be stored off site, though, an extension could be granted
for the parts for sale. I
Pekarik stated that he would try to sell the parts within the next 90 days.
Sansevere stated that he felt the city was being
90 days to remove the remaining items.
Attorney Barrett stated that a resolution could be
that the property be brought up to code within 90
Pekarik asked if he could be allowed to keep his
Code.
Barrett stated that it is the law that the items in
Mayor Peterson moved, White seconded, to 4
recommendation that the property owner be
Ayes 4, Nays 0.
*12. AGREEMENT FOR VEGETATED
MCWD / ORONO — WILLOW VIEW — RE:
White moved, Sansevere seconded, adopting 1
"Authorizing Execution of the Agreement for
Between the City of Orono and the Minnehah
Nays 0.
MAYOR/CITY COUNCIL REPORT
Sansevere suggested the Council give some tl
golf courses and consider adding revenue gen
regard to the letter received from Champion j
property owners within Navarre to take some
flexible, allowing Pekarik an additional
confirming the recommendation of staff
until he petitioned staff for a change to the
must be removed under current code.
the conclusion of the staff
t into compliance within 90 days. VOTE:
:TLAND BUFFER MAINTENANCE —
UTION NO. 5375
;SOLUTION NO. 5375, a Resolution
egetated Wetland Buffer Maintenance
Creek Watershed District ". VOTE: Ayes 4,
it to auditor Malloy's comments with regard to
ig activities such as offering kids classes. With
Sansevere felt the City should allow the
n to improve the area.
PAGE 7 of 9
i
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m. •
(MAYORICITY COUNCIL REPORT, Continued)
McMillan commended Chief Good on the Drug Task Force Grant.
PUBLIC SERVICE DIRECTOR'S REPORT
*13. REQUEST FOR PAYMENT NUMBER 1— INDUSTRIAL PARK WATERMAIN
IMPROVEMENTS
White moved, Sansevere seconded, to approve Request for Payment Number 1 for the
Industrial Park Watermain Improvements to MinnComm Utility Construction, Mora,
Minnesota in the amount of $80,097.35. VOTE: Ayes 4, Nays 0.
*14. REQUEST FOR FINAL PAYMENT — CASCO COVE STORM SEWER PROJECT
White moved, Sansevere seconded, to approve Request for Final Payment, Casco Cove Storm
Sewer Project to E.J. Mayers Inc. in the amount of $3,949.50. VOTE: Ayes 4, Nays 0.
*15. ACCEPT QUOTATION — LIFT STATION 211 & I REDUCTION PROJECT
White moved, Sansevere seconded, to accept the quotation in the amount of $4,450 from
Electric Resource Contractors Inc., Minneapolis, Minnesota for the Lift Station 211&1 •
Reduction electrical work with funding from the Sewer Fund I &I Line Item Budget. VOTE:
Ayes 4, Nays 0.
CITY ADMINISTRATOR'S REPORT
*16. ACCEPT RESIGNATION OF STACIE BUDIG AND ADVERTISE TO HIRE FULL
TIME POLICE ADMINISTRATIVE SUPPORT ASSISTANT - RECORDS
White moved, Sansevere seconded, to accept the voluntary resignation of Stacie Budig
effective August 25, 2005. VOTE: Ayes 4, Nays 0.
White moved, Sansevere seconded, to approve advertising and hiring of a replacement at the
upgraded classification of FT Administrative Support Assistant at Level 4 of the pay schedule
VOTE: Ayes 4, Nays 0.
*17. ACCEPT SAFE AND SOBER GRANT PAYMENT AND AWARD
White moved, Sansevere seconded, to accept Safe and Sober Grant and to distribute funds
per grant agreement. VOTE: Ayes 4, Nays 0.
18. PARK COMMISSION APPOINTMENT
Mayor Peterson moved, Sansevere seconded, to table the appointment of a candidate for the
Parks, Open Space and Trails Commission until the following meeting. VOTE: Ayes 4, Nays
0.
PAGE 8 of 9
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C]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 22, 2005
7:00 o'clock p.m.
*19. MINNESOTA COUNTIES INSURANCE TRUST DRUG AND ALCOHOL
TESTING PROGRAM PARTICIPATION AGREEMENT
White moved, Sansevere seconded, to approve the drug and alcohol testing agreement with
the Minnesota Counties Insurance Trust, and to authorize the City administrator to sign the
agreement. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT
Attorney Barrett had nothing to report.
*20. LICENSES
CLUB FIREARM USE PERMIT
1. Annual Permit for Trap Shooting
Park Gun Club
3660 Sixth Avenue North
TEMPORARY ONE DAY ON SALE LIQUOR LICENSE
1. Orono Lions 'I
September 17, 2005
Fundraiser at Long Lake Fire Station, 340 Willow Drive North
White moved, Sansevere seconded, to approve all Licenses and Permits. VOTE: Ayes 4, Nays
0.
*21. BILLS
White moved, Sansevere seconded, to approve payment of the All Funds account. VOTE:
Ayes 4, Nays 0 1
ADJOURNMENT
Mayor Peterson moved, Sansevere seconded, to adjourn the Orono City Council Meeting of
August 22, 2005 at 9:12 P.M. VOTE: Ayes 4,-Nays 0.
ATTEST:
Y.,v
in a S. Vee, City Clerk
PAGE 9 of 9
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