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HomeMy WebLinkAbout10-24-2005 Council Minutes`.R • i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2005 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with, the following members present: Acting Mayor Bob Sansevere; Council members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis; Engineer Torn Kellogg, Public Sei vice Director Greg Gappa, and Recorder Kristi . Anderson. Mayor Barbara Peterson and Commissioner Lili Mc Acting Mayor Sansevere called the meeting to Allegiance. CONSENT AGENDA were absent. at 7:13 P.M, followed by the Pledge of 1. Approve /Amend Items 8, 12, 13, 14, 15, 16, 17 and 18 were added to the Consent Agenda. Murphy moved, Acting Mayor Sansevere amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Murphy moved, Acting Mayor Sansevere 2005, as submitted. VOTE: Ayes 3, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. CERTIFICATION OF DELINQUENT RESOLUTION NO. 5394 Acting Mayor Sansevere opened the Public Murphy asked if staff had noticed any deviation Moorse stated that they were noticing a pretty fewer than the previous year. ded, to approve the Consent Agenda as 10, 2005 to approve the Minutes of October 10, AND GENERAL SERVICE FEES — at 7:16 p.m. the normal degree of delinquent payments. .cal number of outstanding accounts, though a bit White moved, Murphy seconded, adopting RESOLUTION NO. 5394, a Resolution providing • for the collection of delinquent charges for the 2005 sewer and water utility services, the septic inspection program, the recycling program, the false alarms, developers improvement fees, and other general service fees. VOTE: Ayes 3, Nays 0. PAGE i of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2005 • 7:00 o'clock p.m. White moved, Murphy seconded, closing the Public Hearing at 7:17 p.m. VOTE: Ayes 3, Nays 0. PRESENTATION 4. MIKE BASH — ORONO SCHOOL DISTRICT REFERENDUM Bash, a member of the Orono Board of Education, gave a presentation regarding four ballot questions related to funding for school operations and capital improvements on the referendum scheduled for November 8, 2005. The four questions include, operating fund, technology, short term renovation bond, and long term renovation bond. As there has been no increase in the state levy, Bash explained that the state legislature has given schools permission to seek an increase directly from the voters. While Orono schools were one of the only few to get 5 stars on all government standards, it ranks 340`h of 343 based on its school tax rate, thereby making it far below average in the amount of spending for its schools. Bash pointed out that, though Orono residents are getting a first rate education for their dollar, eventually that lack of investment will have an impact of the quality of education and property values. Bash explained that the facilities plan includes a short term renovation project of items that must be • completed within 5 years to continue basic mechanical operations and long term operations items that must be completed in the next 6 -10 years. Bash noted that even if all four questions on the ballot pass, Orono will continue to have one of the lowest school tax rates in the state, while property values continue to rise. Acting Mayor Sansevere asked why the past superintendent was given a package which covered his health care costs for life, even though that superintendent was no longer at Orono. In fact, Sansevere felt it was a travesty that this past superintendent had not volunteered or been asked to forfeit this perk when he left Orono, thus leaving this burden on the community. Bash stated that, though he was not member of the board at the time, it was his understanding that, oftentimes, alternative compensation packages were enhanced in such a manner to entice certain candidates to the state, though it has now been recognized as a costly alternative. Bash encouraged the Council to look forward. Acting Mayor Sansevere stated that, while he would be supporting all four questions, he would like to see someone approach the past superintendent and at least request that he consider cutting his ties to Orono by giving up this portion of his alternative compensation package covering his healthcare. Murphy maintained that the City is caught in the classic political effort between government requirements that cities perform at certain levels, lack of funding, which leaves funding up to local municipalities. White thanked Bash for his presentation, noting that schools are the heart of the community, and • that in Orono, the quality of education is second to none. PAGE 2 of 9 R MINUTES OF THE ORONO CITY COUNCIL MEETING . • Monday, October 24, 2005 7:00 o'clock p.m. Acting Mayor Sansevere asked Bash whether he some of the costs for the lower income earners in Bash stated that he could encourage the Board to coi better job of letting people know that assistance is av, 1. 5. SALLY KOENECKE, LAKE MINNE 2006 PROPOSED BUDGET aware if the referendum would help alleviate ier lowering fees for some things and do a ble. COMMUNICATIONS COMMISSION — Koenecke presented the 2006 budget for Council consideration noting a minimal increase of 2% this year over the past year due mostly to increases in full time salaries. She pointed out that the commission was forming a committee to investigate a wireless option for Orono and other local communities and would be hosting a meeting with the Mayors to discuss this option. Murphy cautioned the Commission to watch this carefully, as it will be a complicated balance between cable, wire, and wireless which must bed evaluated over time. He pointed out that if the Commission chooses to spearhead such an endeavor, they will need a commitment from all involved. He asked whether the Commission had purchased the mobile unit last year, as he had not seen it in the community. Koenecke stated that the mobile unit had indeed been used at several parades and city events throughout the lakes area. She encouraged the City to call when the mobile unit is desired and they will make every effort to attend. White moved, Murphy seconded, to approve PARK COMMISSION COMMENTS — MI No representative was present for comment. PLANNING COMMISSION COMMENTS — Bremer stated that she had nothing to report, but PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT 2006 LMCC budget. VOTE: ayes 3, Nays 0. HUDDY BREMER remain for questions. 6. #05 -3124 WILLIAM AND RHONDA OMLIE, 1860 SHADYWOOD ROAD — VARIANCE - DENIAL RESOLUTION 5395 As the applicants were not present, Curtis stated that the 60 day extension will expire on November 7, 2005, and no extension request or revised plans have been received by the City; therefore, the planning staff recommends denial of the variances as requested. PAGE 3 of 9 I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2005 7:00 o'clock p.m. White moved, Acting Mayor Sansevere seconded, denying the rear yard setback and hardcover variance requests for the residence located at 1860 Shadywood Road. VOTE: Ayes 3, Nays 0. 7. #05 -3152 BOHLAND DEVELOPMENT ON BEHALF OF JAMES D. MACKINNON ET AL, "3500" WATERTOWN ROAD — SKETCH PLAN: RESIDENTIAL PRD PLAT Acting Mayor Sansevere asked the applicant whether he wished to table the application until more members of the Council were present to hear his application. Bohland stated that he would prefer to be given comments or have a dialogue with the present members at this time. Gaffron explained that the applicant proposes to subdivide a 17 acre vacant parcel to create 6 single - family rural residential lots. After an initial plan was reviewed by the Planning Commission, the applicant developed `clustering' concept to allow for preservation of views in accordance with the Rural Oasis Study results. This revised concept was reviewed by the Planning Commission and included a new private road extending 700' northward from Watertown Road with private septic systems and wells serving the 6 lots all located in the NW quadrant of the property. • Although the application is incomplete due to the lack of septic testing and design reports, Gaffron indicated that it was brought forward in order to identify significant issues which the applicant is must address, and to gain Council insight whether the PRD `clustering' concept should move forward. Gaffron pointed out that a major difficulty in rural clustering is the need to identify individual septic systems; therefore, it is imperative that individual lots have adequate area for primary and alternate septic sites. Furthermore, Gaffron noted that where the lot sizes are small as to limit the ability for amenities such as pools, tennis or sport courts, etc. it would be prudent to establish covenants as part of the subdivision process. Gaffron presented several issues for consideration, including, whether or not the Council supports the concept of a PRD development for this site, on the basis that the PRD would allow development of substandard lot sizes in the rural zone; does the Council support creation of substandard, unsewered lots in the rural zone to accomplish the intent of Conservation Design in meeting the City's `Rural Oasis' goals for this property; and thoughts regarding limitations on future development. Murphy stated that he was unsure how he felt about giving up other things in order to meet the conservation design elements as presented here. He questioned why the lots were laid out as virtual squares on this interesting topographical site. Bohland stated that he was driven to lay out the lots in this formation due to access though character of each lot will be realized as development begins and the topography is taken into account as each home is placed on its specific lot. He noted that this is a beautiful piece of land and the actual designs will vary from the simple sketch plan seen here. It is because this is such a beautiful piece of land that Murphy emphasized the need to be extraordinarily careful in moving or grading the site and losing its true character. PAGE 4 of 9 J i i 4 i MINUTES,,OF THE ORONO CITY COUNCIL MEETING • Monday, October 24, 2005 7:00 o'clock p.m. is • Bohland pointed out that in his previous developn and awarded for his ability to work with and I beautiful development site. He noted that although site, it was not his intent to excavate the character would not occur until later. He pointed out that tr or to the east of that. Murphy pointed out that this is one of the first incorporating the rural oasis study into a dev suggested that the applicant meet with Shan comment. Gaffron reminded the Council that there are r implement all of the rural oasis study language; meet with and discuss the plan with Shardlow, work in this scenario. Bohland commended the Planning Commission the rural oasis study. Gaffron reiterated the need to ensure that the and pointed out to the Council that other significance of this parcel. Acting Mayor Sansevere asked the applicant table at this time. nt, Providence by the Lake, he was recognized ;serve the character of the land and create a ie first 200' will require excavation to enter the .it of the site and any grading for the homesites stormwater pond location could go in outlot B iortunities the city has had at taking a first pass at iment and urged the Council to be thorough. He I i the City's consultant, to review the plan and Ordinances developed yet that incorporate or !refore, he agreed that it would be beneficial to pecially, to ensure that the septic layouts will moving this development towards the goals of densely clustered lots are adequately sewered ins might have to be made to preserve the he was open to covenants and if he wished to Bohland stated that he would accept covenants, as he had in his previous development, and that he would table at this time. White complimented the developer on his Willi view sheds. Gaffron asked what the neighbors view sheds to cooperate with the City and preserve these be and whether thought should be given to these. Bohland stated that he had been in contact with "the neighbors to the north and that they had not voiced any concerns. He acknowledged a willingness to meet with Shardlow and asked for a timeline. Gaffron stated that a meeting could be set up with Shardlow prior to the November Planning Commission meeting in order to give Bohland time to put together a preliminary plat. No action was taken. PAGE 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2005 7:00 o'clock p.m. *8. #05 -3153 CITY OF ORONO, AMENDMENT TO MUNICIPAL ZONING CODE SECTION 78 -1577: EXTERIOR STORAGE — ORDINANCE NO. 29,3 rd SERIES Murphy moved, Acting Mayor Sansevere seconded, adopting ORDINANCE NO. 29, 3rd SERIES an Ordinance Amendment to Section 78 -1577, Exterior Storage. VOTE: Ayes 3, Nays 0. *9. #05 -3156 SONYA GARNETT ON BEHALF OF KEVIN GARNETT, 450 ORONO ORCHARD ROAD SOUTH — CONDITIONAL USE PERMIT — RESOLUTION NO. 5396 Murphy moved, Acting Mayor Sansevere seconded adopting Resolution No. 5396, granting a Conditional Use Permit to permit installation of plumbing, consisting of a bathroom allowing for a toilet, tub or shower and sink, in the existing barn located on the Dickenson Street side of the property located at 450 Orono Orchard Road South. VOTE: Ayes 3, Nays 0. *10. #05 -3157 MARTHA T. MASON ON BEHALF OF SARA MOOS, 2160 WEBBER HILLS ROAD — VARIANCE Murphy moved, Acting Mayor Sansevere seconded, approving the front yard setback variance for the home additions, however, denial of the front yard setback variance for the pergola, for the residence at 2160 Webber Hills Road. VOTE: Ayes 3, Nays 0. 11. #05 -3160 JUDSON M. DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH — LOT LINE REARRANGEMENT Gaffron stated that the applicant proposes to combine and re- arrange the lot lines among three existing tax parcels to result in just two parcels. The 21 -acre parcel contains an existing residence structure, guest house, barn and various outbuildings. The easterly of the existing smaller parcels contains a cabin; the westerly of the smaller parcels contains a variety of small outbuildings near the lakeshore. The intent is to 1) combine the two smaller parcels into one 5 -acre building site; 2) then rearrange the lot line between this combination and the 21 -acre parcel to straighten out the common lot line; and 3) formalize a driveway easement through the 21 -acre parcel out to Old Crystal Bay Road to serve the 5 -acre parcel. With regard to the Planning Commission recommendation to approve the rearrangement, Gaffron pointed out that they recommended the application not be subject to platting, and should not be subject to park fees or stormwater and drainage trunk fees, both of which would be appropriate only if the property is further subdivided in the future. Attorney Barrett questioned whether the City might wish to have an interest in the 30' driveway easement to avoid any future problems between property owners. In this case, the Council might recommend taking the 30' easement in order to create a public road at some point if necessary. Murphy asked whether the planning staff recommendation differed from that of the Planning Commission. Bremer posed the question of what might happen if the 21 -acre parcel currently for sale is further subdivided, PAGE 6 of 9 n f� • • a a r Ca MINUTES 'OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2005 7:00 o'clo ck p.m. Gaffron stated that, in terms of stormwater and d Iainage fees these do not come into play at this time, but may in the future if the 21 -acre parcel is further subdivided. Murphy stated that he had no problem with the combination of the two smaller properties, but was more concerned in the event the larger parcel is sold off what impact this might have. Dayton pointed out that it would be his desire that they find someone to purchase the whole 21 -acre parcel and keep it in its current state, but if it is soli and gets subdivided, he would like to combine the two smaller lots for his own later use. John Winston, Orono, applicant's representative, stated that although no one knows what the future holds, the applicant wishes to create 2 lots where there are currently three. He pointed out that the city would have an opportunity to address the street easement issue if forced to subdivide at a later date. In addition, the applicant is asking the Council to approve a waiver of the accounting statute at this time. ;I Barrett stated that if the new owner of the 21 -acre parcel chooses to subdivide for future development, the City would likely have a second glance. Murphy asked whether the waiver could inc driveway or road easement are saved for future Dayton stated that it was his intent to keep the i Murphy maintained that it is the City's Winston recommended that he and the city applicant's access. Gaffron stated that between him and the two resolution and easement document for the next Murphy pointed out that the City has private make their own decisions. Dayton agreed to table the application in order to Murphy moved, Acting Mayor Sansevere resolution. VOTE: Ayes 3, Nays 0. MAYOR/CITY COUNCIL REPORT Murphy pointed out that the Brown Road ceremony. White asked when the Old Crystal Bay Road I the easement requirement to ensure that the simple today. that they be thinking ahead. a declaration of easement which ensures this he felt confident they could work up a all over the community in which the owners the resolution and easement documents. to table the application pending a draft opened last Friday with a ribbon - cutting was slated to be opened. PAGE '7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2005 7:00 o'clock p.m. Murphy noted that it should be open by Thanksgiving. Acting Mayor Sansevere voiced concern he received from a resident requesting that the new Brown Road traffic signal be sped up at rush hour especially. Murphy stated that he would bring this up to MnDOT, acknowledging that several minor details are yet to be resolved as they move forward. PUBLIC SERVICE DIRECTOR'S REPORT *12. REQUEST FOR PAYMENT NUMER 2 — LEE. CARLSON BALLFIELD TRAIL PROJECT Murphy moved, Acting Mayor Sansevere seconded, approving Request for Payment Number 2, Lee Carlson Ballfield Trail Project to DMJ Corporation Inc. in the amount of $21,070.49. VOTE: Ayes 3, Nays 0. *13. AWARD CONTRACT NORTH FARM DRAINAGE IMPROVEMENTS PROJECT Murphy moved, Acting Mayor Sansevere seconded, awarding the contract for the North Farm Drainage Improvements project to Michael Scott Construction LLC, Watertown Minnesota in the amount of $64,877 with approval of a budget adjustment to the 2005 Stormwater Utility Fund budget to reflect this expenditure. VOTE:,Ayes 3, Nays 0 CITY ADMINISTRATOR'S REPORT *14. ACCEPT RESIGNATION OF POLICE DEPARTMENT OFFICE MANAGER SUE BOBZIEN AND ADVERTISE, TEST AND HIRE PD OFFICE MANAGER POSITION — RECOGNITION RESOLUTION NO. 5397 Murphy moved, Acting Mayor Sansevere seconded, accepting the resignation of Sue Bobzien, effective October 30, 2005 and to adopt Resolution No. 5397 recognizing Sue for her 22 years of excellent service. Murphy moved, Acting Mayor Sansevere seconded, approving the advertising, testing, and hiring to fill the vacant manager position in the Police Department. VOTE: Ayes 3, Nays 0. *15. APPROVE PART -TIME TEMPORARY - ADMINISTRATRIVE SUPPORT ASSISTANE FOR THE PD Murphy moved, Acting Mayor Sansevere seconded, approving the hiring of Stacie Budig as an administrative support assistant on a part -time temporary basis for a period of time not to exceed six months, beginning October 31, 2005 at the Step IV, Level 4 pay rate of $18.27. VOTE: Ayes 3, Nays 0. • PAGE 8 of 9 i t • MINUTES OF THE i ORONO CITY COUNCIL MEETING Monday, October 24, 2005 7:00 o'clock p.m. *16. REPLACEMENT OF BULLET - PROOF; VESTS Murphy moved, Acting Mayor Sansevere seconded, approving the purchase of bullet proof vests at $8,800, authorizing expenditure from I the PIR in 2005, and apply for available reimbursement in 2006 which will repay the PIR, and the balance to be paid from the Uniform Line Item in the police budget. VOTE: ,Ayes 3, Nays 0. *17. MCWD AGREEMENT REGARDING FUNDING, AND CONSERVATION EASEMENT — BIG ISLAND VETERANS CAMP PROPERTY Murphy moved, Acting Mayor Sansevere seconded, approving the agreement between the MCWD providing $850,000 of funding for the City's purchase of the Big Island Veterans Camp property, as well as the related conservation easement, and to authorize the Mayor and City Administrator to sign the agr element and the conservation easement. VOTE : Ayes 3, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. *18. LICENSES Residential Kennel License 1. Laura Dozenroth 3085 Casco Point Road Murphy moved, Acting Mayor Sansevere Ayes 3, Nays 0. *19. BILLS Murphy moved, Acting Mayor Sansevere account. VOTE: Ayes 3, Nays 0 ADJOURNMENT to approve the above license. VOTE: ,inded, to approve payment of the All Funds White moved, Murphy seconded, to adjourn the "Orono City Council Meeting of October 24, 2005 at 9:05 P.M. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 9j of^ -kvat - -- - Barbara Peterson, Mayor