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HomeMy WebLinkAbout09-12-2005 Council Minutes1 � • ROLL • ORONO CITY C Monday, SeF 7:00 o' The Council met on the above - mentioned date with Mayor Barbara Peterson; Council Members Lih Mc Thomas Barrett; Representing Staff were City Adm Gaffron, Planners Janice Gundlach and Melanie Cu Tom Kellogg, and Recorder Jackie Young. Council Member Bob Sansevere was absent. OF THE rNCIL MEETING nber 12, 2005 ck p.m. the following members present: Allan, Jim Murphy and Jim White; City Attorney inistrator Ron Moorse, Planning Director Mike rtis, Public Service Director Greg Gappa, Engineer Mayor Peterson called the meeting to order at 7:02 pm., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 6, 7, 9, 11, and 12C were added to the Murphy moved, White seconded, to approve the VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF A Murphy moved, White seconded, to approve the Council meeting as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Irene Agenda. Agenda as amended. 22, 2005 of the August 22, 2005 regular City , Representative Silber stated the Park Commission is researching the possibility of creating a fenced -in dog park within the City of Orono and is looking at what other cities are doing in this regard. McMillan inquired whether the Park Commission Silber stated they did receive the study but did not McMillan commented she would like to see the R park system, and suggested the Park Commission community. Silber stated the Park Commission also discussed a recommending some land be dedicated for a future • Peterson reported that someone manicured the the Rural Oasis study. an opportunity to fully discuss it. Oasis study incorporated somehow into the City's at options for preserving the rural character of the development located off of Willow Drive and are in this area. at Crystal Bay Park and that it looks very nice. PAGE 1 rj t MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. • (PARK COMMISSION COMMENTS, Continued) Don Chillstrom, Long Lake Planning Commission and Park Board, indicated they would like to get together with Orono's Park Commission in the near future to discuss trails. Murphy recommended the responsibilities associated with a dog park be well defined in order to insure that the park is properly maintained. PLANNING COMMISSION COMMENTS — David Rahn, Representative Rahn stated he had nothing to report but would remain for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 3. #05 -3141 JEFFREY AND ETHEL GUSTAFSON, 4203 NORTH SHORE DRIVE — VARIANCE — RESOLUTION NO. 5376 Jeffrey Gustafson, Applicant, was present. Gaffron stated the applicant is requesting a lot width variance for a property that has 90 feet at the • shoreline and 117 feet at the 75 -foot setback where 140 feet is normally required. In addition, the applicant is also requesting a conditional use permit for 770 cubic yards of fill in order to construct a new single - family residence on the property. The property is located within the one -acre district and consists for 1.05 acres. The Planning Commission voted 5 -1 -1 to recommend approval of the application, with the dissenting Commissioner feeling that the amount of grading /fill being proposed was unreasonable. Gaffron noted since the review by the Planning Commission, the applicant has added an additional 250 square feet of structure. Gaffron noted structural coverage and hardcover are not issues on this property. Gaffron stated Staff and the City Engineer have discussed the amount of fill necessary in the area of the new garage and driveway apron. Gaffron indicated the plans show a finished slope along the east side of the driveway that drains directly east toward the existing shared loop driveway. This loop will disappear according to the Applicant's plans and the applicant is now proposing a drainage swale to be directed toward the lake rather than the neighboring property. Gaffron noted those calculations have not been provided to Staff to insure that the neighboring property will not receive any runoff. Gaffron recommended the application be approved contingent upon approval by the City Engineer or tabled. White inquired what the time frame is for construction of the new residence. Gustafson stated they would like to demolish the existing house October 151 and build a model home for • the Luxury Home Tour. Gustafson requested approval of the application subject to approval by the City Engineer. PAGE 2 �p MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. (3. #05 -3141 JEFFREYAND ETHEL GUSTAFSG White stated he is not opposed to this application but the City Engineer. Gustafson stated they do have a good working relatic professional staff to do their surveying and grading v Murphy indicated he also is willing to approve it sub Murphy moved, White seconded, to adopt RE; area variance and conditional use permit for J subject to the review and approval of the City VOTE: Ayes 4, Nays 0. 4. #05 -3143 DAN HESSBURG OF HESSBUI ROAD — VARIANCE — RESOLUTION NO. 5377 Dan Hessburg, Applicant, was present. N, 4203 NORTH SHORE DRIVE, Continued) t he would like it to be reviewed and approved by with the City and that they do hire to approval by the City Engineer. PION NO. 5376, a Resolution granting a lot and Ethel Gustafson, 4203 North Shore Drive, per of the grading and drainage plan. DEVELOPMENT, INC., 774 TONKAWA Gundlach stated the applicant is requesting a lot area'variance to permit construction of a new residence on an existing lot .36 acres in area where 1.0 acres is normally required; a lot width variance to permit construction of a new residence on an existing lot 74 feet in width at the shoreline and 61 feet in width at is the 75 foot setback where 140 feet is normally required; a hardcover variance to permit 29.8 percent hardcover within the 75' -250' zone where 25 percent is normally allowed and 27.2 percent currently exists; and a hardcover variance to permit 39.4 percent hardcover within the 250 -500' zone where 30 percent is normally allowed and 66.8 percent currently exists. The applicant is proposing to tear down the existing residence and construct a new home within the required setbacks. • The Planning Commission did review this applicati approval of the lot area and lot width variances but zone be reduced to 27.2 percent. In addition, the P turnaround apron be put back into the 75' -250' zon the turnaround since this property abuts a county r( Gundlach stated the applicant did submit a revised g Engineer's comments. Gundlach noted there is a sn apron to avoid runoff onto the neighboring property Hessburg stated the drainage was based on the e). Engineer to resolve any drainage issues that may Murphy stated he would like it noted that the 27.2 p the circumstances. at their August meeting and recommended commended that the hardcover within the 75' -250' ping Commission recommended that the 8' by 8' Gundlach noted the City's code technically requires ing plan, which meets the majority of the City issue regarding the grading of the turnaround g grade and that he is willing to work with the City remain. PAGE 3 II hardcover appears appropriate for this lot under 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. (4. #05 -3143 DANHESSBURG OFHESSBURG DEVELOPMENT, INC., 774 TONKAWA ROAD, Continued) McMillan moved, White seconded, to adopt RESOLUTION NO. 5377, a Resolution granting lot area, lot width and hardcover variances for Dan Hessburg of Hessburg Development, Inc., 774 Tonkawa Road, subject to review and approval of the grading and drainage plan by the City Engineer. There were no public comments regarding this application. VOTE: Ayes 4, Nays 0. 5. APPEAL —1535 BOHN'S POINT ROAD — GATE HEIGHT AND SIGNAGE INTERPRETATION David Sonka, Bever Landscaping, was present. City Attorney Barrett indicated he has spoken with Staff regarding this appeal. Barrett stated with respect to the gate height, there is some ambiguity in the City ordinances and Staff is unclear whether it should be treated as a fence or not. Barrett stated the City Council should determine the policy on gate height, which would enable Staff to interpret the ordinance. Barrett stated the second issue before the Council relates to the signage interpretation and that in his opinion the ordinance does not allow estate names and it does not need to be heard on tonight's appeal. Murphy expressed a concern that a city policy be decided tonight as part of this appeal. Barrett stated the City Council does have the right to table the application in order to further review what the city's policy on this issue should be. Murphy stated it is difficult to make a decision on one application that would affect other property owners in the City. White concurred with Murphy that it is difficult to make a decision tonight on an item that would affect a number of other residents. White noted other cities have allowed estate names on gates and over gates. Brad Roehl, Long Lake Fire Chief, indicated he does have a concern with the width of the gate and the direction that the gate faces the road. Roehl indicated there are some properties in the community that have gates that make it difficult for emergency vehicles to access the property. White inquired whether Staff is able to determine how the gate is oriented to the road. Gundlach indicated the location of the gate is not depicted on the survey submitted to the City. Gundlach stated the monument ordinance requires a five -foot setback and that the gate complies with that requirement. White inquired what happens if the gate is locked and the fire department needs to access the property. • PAGE 4 IN ORONO CITY CO Monday, Sept( • 7:00 o'cl (5. APPEAL —1535 BOHN'S POINT ROAD — GA INTERPRETATION, Continued) Roehl stated that also is an issue and that some for access by the police and fire departments. Sonka stated it is his understanding the device is a for a police, ambulance or fire siren. OF THE INCIL MEETING nber 12, 2005 ck p.m. HEIGHT AND SIGNAGE are putting lock boxes next to the gate to allow activated device and would automatically open Peterson inquired whether the Council would need to make a decision tonight. Gaffron indicated this is part of a building permit would apply in this instance. Peterson stated since this is a policy decision, she is Barrett recommended the City act within the 60 60 -day deadline if necessary. lication and that he is not sure whether the 60 days to make a final decision tonight. and that a request could be made to extend the Gaffron stated to his understanding this application would need to be decided by the middle of October. Sonka stated the property owner has experienced some vandalism on the lot and that the gate is intended to be a security measure. • Peterson inquired whether the property owner • Sonka indicated he would need to discuss it with Murphy noted this decision would have city -wide Murphy moved, White seconded, to table action Adam and Kathy LaFavre,1535 Bohn's Point Ri on this issue. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT The Mayor /Council report follows Item No. 12. PUBLIC SERVICE DIRECTOR'S REPORT *6. REQUEST FOR PAYMENT NO.2 — Murphy moved, White seconded, to approve Rei Tower Rehabilitation Project to Classic Protecti. of $61,659.75. VOTE: Ayes 4, Nays 0. be amenable to extending the time limit. property owners. and should be discussed in greater depth. the appeal by Bever Landscaping on behalf of 1. to allow for additional discussion and research ,VARRE WATER TOWER REHABILITATION est for Payment No. 2 for the Navarre Water Coatings, Menomonie, Wisconsin, in the amount PAGE 5 f MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. • *7. REQUEST FOR FINAL PAYMENT — BIRCH LANE STORM SEWER PROJECT Murphy moved, White seconded, to approve Request for Final Payment, Birch Lane Storm Sewer Project to Midwest Asphalt, Inc., Minnetonka, Minnesota, in the amount of $7,813.68. VOTE: Ayes 4, Nays 0. Murphy moved, White seconded, to approve Change Order No. 1, Birch Lane Storm Sewer Project to Midwest Asphalt, Inc., Minnetonka, Minnesota, in the amount of $958.61. VOTE: Ayes 4, Nays 0. PUBLIC COMMENT, CONTINUED Anne Latterelle, 3505 Livingston Avenue, Navarre, stated the Orono Police Department received a barking dog complaint on their dog on August 22 "d. Latterelle indicated the Orono Police had posted the notice on their front door but that they usually access their house through the garage door. Latterelle stated they did not become aware of the notice until late Friday afternoon. Latterelle stated on September 2 "d, they were informed the police seized their dog due to poor living conditions. Latterelle indicated they were told they needed to respond to the notice within 24 hours. Latterelle stated the notice does not state that they have 24 hours to respond. Latterelle indicated they do feed the dog every morning and every evening but that they are now facing charges on cruelty to animals. White inquired what type of dog this is. • Latterelle stated it is a purebred German Short-Hair. Latterelle indicated their dog is currently under the care of a veterinarian and that the dog has experienced weight gains and weight losses during the entire time they have had the dog. Latterelle indicated the police department informed them that this item would be on the agenda tonight. Barrett stated Sergeant Erickson did discuss this matter with him and he has been informed that the dog has been moved to the Humane Society. Barrett stated according to state statute, the dog owner has the right to appeal the action taken by the police department. Latterelle indicated they have raised the dog since he was a pup and that it has caused great emotional distress to her children. Latterelle stated the dog does have a weight issue and a liver issue, which is being watched by their veterinarian. Peterson inquired whether the veterinarian records have been provided to the police department. Latterelle stated the police department only recently contacted the veterinarian. Latterelle indicated the Humane Society informed them that their dog was on a ten -day hold and would be released today but that they still have not gotten the dog back. White inquired whether a license is required to keep the dog. Barrett stated the dog was not seized for failure to obtain a license. Barrett noted this is the second notice . given to the owners that the dog did not have food and water. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. (PUBLIC COMMENT, CONTINUED) Murphy stated the City Council unfortunately is dealing in the abstract on this matter and recommended that the police department be notified that Latterelle appeared before the City Council tonight. Murphy stated in his view it is reasonable for the police department to be in contact with the veterinarian and that the owners should be notified prior to any action beings taken. Peterson requested the police department address this Situation by the end of the week and that the family be informed what decision has been reached. I Murphy stated he does not want to see this matter end�with the dog being put down. Barrett stated the dog cannot be put down until the Murphy suggested the mayor and city attorney be CITY ADMINISTRATOR'S REPORT Item No. 8 follows the Mayor /Council Report. legal process has been gone through. prior to any action being taken. *9. SELECTION OF DATES FOR TRUTH Illl TAXATION HEARINGS i •Murphy moved, White seconded, to set the Truth in Taxation Initial Hearing for 5:30 p.m., Monday, December 5, 2005, and the continuation 'or subsequent hearing for 7:00 p.m., Monday, December 12, 2005, with both hearings to be held in the Council Chambers. VOTE: Ayes 4, Nays 0. • Item No. 10 follows Item No.12, Licenses. *11. DISPOSAL OF EXCESS PROPERTY ' Murphy moved, White seconded, to approve the Sale of 22 long guns to Bill's Gunshop. VOTE: Ayes 4, Nays 0. Murphy moved, White seconded, to approve the sale of listed handguns that are marked as "Sell" to Bill's Gunshop. VOTE: Ayes 4, Nays 0. Murphy moved, White seconded, to approve the witness and documentation. VOTE: Ayes 4, Nays 0. Murphy moved, White seconded, to retain those Orono and secured in the police property and ev. VOTE: Ayes 4, Nays 0. of the guns listed as "Destroy" through marked as "Keep" as property of the City of e room. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. 12. LICENSES SPECIAL EVENT 1. Applicant: Long Lake Fire Department Relief Association Event: Steak Fry with Live Music Location: Long Lake Fire Station, 340 Willow Drive North Date: Saturday, September 17, 2005 Time: 5:00 p.m. — Midnight Brad Roehl, Long Lake Fire Chief, addressed the City Council regarding the upcoming Long Lake steak fry. Roehl indicated they are in compliance with all the requirements listed on the permit and that food and liquor will be served, followed by live music at 8:30 p.m. Roehl stated the event will be contained within the fire station and that wristbands will be issued for anyone who wishes to purchase beer. Roehl noted this is the first time this type of event is being held in the City. Roehl stated no parking would be allowed on Willow and that volunteers would be standing by to handle any emergencies that may arise. Murphy inquired whether parking would be allowed on Glendale. Roehl stated he would be agreeable to posting no parking signs on that street as well. Murphy stated he would like to see the two cities work together on future community events, and suggested that the main parties coordinating the community events get together in the off season and discuss how these events could be handled better. Don Chillstrom, Long Lake Planning Commission, explained the sale of beer helps to make these events profitable. Roehl inquired whether the city approves the two off duty police officers or whether he needs to ask the police chief. Moorse stated it is his understanding that once the City approves the permit, the necessary officers would be assigned to work the event. Chillstrom noted this application was submitted approximately six weeks ago but approval by the City Council was delayed because the police department did not review it promptly. Roehl concurred that a meeting should be held to discuss future community events and how they should be handled. Moorse stated the City processed the liquor license application as quickly as possible since it needed to go to the state for approval as well, which meant that this license application could not be heard until tonight. Chillstrom noted they did receive the liquor license a couple of weeks ago. Chillstrom stated he does intend to speak with the police department a lot sooner in the future on these types of community events. PAGE 8 L� is • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 • 7:00 o'cl ck p.m. (SPECIAL EVENT, Continued) Murphy moved, Peterson seconded, to approve the special event license for the Long Lake Fire Department Relief Association. VOTE: Ayes 4, Nays 0. RESIDENTIAL KENNEL LICENSE 1. Thom Clapp 475 Ferndale Road North 2. Kim Hanson 2408 Casco Point Road White noted the applicant on Casco Point Road lists the animals is a pit bull. Silber commented that a Springer Spaniel is the Murphy stated to his understanding a pit bull is sta White stated a bite by a pit bull is capable of break are large animals and that the application indicates • McMillan stated she also has a concern with four lai Murphy requested Staff get clarification on how the animals. White expressed a concern that one of dangerous breed of dog. Dally not any more dangerous than any other dog. a human bone. White noted all four of these dogs dogs will be housed indoors all day long. dogs being housed all day indoors. will be housed and managed. White moved, Murphy seconded, to table the kennel license for Kim Hanson, 2408 Casco Point Road, and to approve the kennel license for Thom Clapp, 475 Ferndale Road North. VOTE: Ayes 4, Nays 0. TEMPORARY ONE -DAY ON -SALE LIQUOR LICENSE *4. MacPhail Center for Music Minnetonka Center for the Arts, 2240 No th Shore Drive Thursday, September 29, 2005 1 Murphy moved, White seconded, to approve the MacPhail Center for Music. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT, C 10. PARK COMMISSION one -day on -sale liquor license for the Peterson noted the City did have four outstanding applicants but they unfortunately can only appoint one person to the Park Commission at this time. . Murphy moved, Peterson seconded, to appoint Laurie Esau to fill the unexpired term on the Parks, Open Space and Trails Commission, which term i expires on December 31, 2006. VOTE: Ayes 4, Nays 0. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2005 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Murphy noted the train is now running on the new track and that the former Old Crystal Bay bridge has now been removed. Murphy stated it appears likely that the two bridges will be operational prior to winter. White suggested the City hold a public forum to inform its residents how the City is prepared to handle a crisis in this area, such as a natural disaster. CITY ADMINISTRATOR'S REPORT, CONTINUED 8. ADOPT PRELIMINARY 2006 TAX LEVY AND BUDGET — RESOLUTION NO. 5378 and 5379 Moorse recommended the City Council approve the proposed preliminary 2006 tax levy and budget. Moorse stated the City is able to reduce, but cannot increase, the preliminary tax levy prior to adoption of the final tax levy in December. However, the City can amend the budget by increasing or decreasing it prior to the adoption of the final budget in December. • Moorse stated the proposed 2006 budget reflects an effort to begin to re- establish sufficient funding levels for both short-term and long -term capital needs, after recent State Aid cuts and levy limits caused the reduction in the level of capital funding. The key short-term needs relate to necessary major maintenance • items and improvements to the city facilities, as well as equipment replacement and technology upgrade needs. The major long -term capital need is street rehabilitation. The budget reflects a measured funding plan that manages the impact of the tax levy on property owners. Moorse stated it appears, based on recent information, the City's tax capacity has increased from an anticipated 10 percent to 16.5 percent. Moorse stated as a result of the increased tax capacity, the City's 2006 City tax rate would be decreased from 16.2 percent to 15.27 percent. Murphy stated in his opinion it is important to keep a good balance between maintaining the City's infrastructure and the City's tax rate. Murphy inquired whether the City's portion of the debt service costs for the veteran's park on Big Island is included in this budget. Moorse indicated it is. Peterson moved, Murphy seconded, to adopt RESOLUTION NO. 5378, a Resolution Adopting the Proposed 2005 Tax Levy Collectible in 2006. VOTE: Ayes 4, Nays 0. Peterson moved, White seconded, to adopt RESOLUTION NO. 5379, a Resolution to Adopt the Proposed 2006 General Fund Budget. VOTE: Ayes 4, Nays 0. Mayor Peterson thanked City Staff for their fine work on preparing the City's preliminary tax levy and budget. • PAGE 10 t • • ORONO CITY C Monday, Ser 7:00 o' None *13. BILLS Murphy moved, White seconded, to approve payn VOTE: Ayes 4, Nays 0. ADJOURNMENT White moved, Peterson seconded, to adjourn the 2005, at 8:51 p.m. VOTE: Ayes 4, Nays 0. ATTEST: -L OF THE INCIL MEETING nber 12, 2005 ck p.m. of the All Funds account. City Council meeting of September 12,