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HomeMy WebLinkAbout11-28-2005 Council Minutesa o !� MINUTES OF TAE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clocIk p.m. ROLL The Council met on the above - mentioned date with the! following members present: Mayor Barbara Peterson; Council Members Bob Sansevere, Jim Murphy, Jiro White, and Lili McMillan; City Attorney Rolfe Worden. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron; Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:02 CONSENT AGENDA 1. APPROVE /AMEND Items 4, 7, 8, 9, 10, and 11 were added to the Consent Murphy moved, Sansevere seconded, to approve VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES followed by the Pledge of Allegiance. Consent Agenda as amended. *2. REGULAR CITY COUNCIL MEETING OF NOVEMBER 14, 2005 Murphy moved, Sansevere seconded, to approve the minutes of the Regular City Council meeting of November 14, 2005, as submitted. VOTE: Ayes 5, Nays 0. ,I 3. APPROVE SALE OF PUBLIC PROJECT,REVENUE BONDS AND AUTHORIZE EXECUTION AND DELIVERY OF LEASE AND' PURCHASE OPTION AGREEMENT AND RELATED DOCUMENTS — RESOLUTION NO. 15402 I Tom Kuehn, Orono Financial Director, and Mark Ruff, Ehlers & Associates, were present. Moorse stated this item is related to a bond issue that is being done through the Orono HRA. In conjunction with the bond issue, a lease purchase arrangement between the City and the HRA will be entered into. Moorse stated they have received bids for the sale of the bonds. Moorse requested the City Council approve the sale of the public project revenue bonds and the lease purchase arrangement. •Ruff indicated they did receive bids this morning on the revenue bonds, with the winning bid being submitted by Wells Fargo Brokerage Services at a true interest rate of 3.8580 percent. Ruff noted these PA MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Sale of Public Project Revenue Bonds, Continued) are revenue bonds and that Wells Fargo did pay a premium for the bonds and the City would not be incurring any fees on the sale. Ruff reported that Moody's Investors Services has rated the City of Orono as AAA for its general bond obligations. Ruff stated there are only four communities in the United States with a population under 10,000 that have achieved a AAA rating, which is the highest bond rating that can be achieved by a city. Ruff stated the AAA rating demonstrates that Moody's feels that the City of Orono is well run financially. Ruff presented the City of Orono with a plaque acknowledging their AAA status. Mayor Peterson thanked Tom Kuehn for his fine financial sei vices to the City over the years. Peterson moved, White seconded, to adopt RESOLUTION NO. 5402, a Resolution approving the sale of $1,900,000 Public Project Revenue Bonds, Series 2005, and authorizing the execution and delivery of a Lease and Purchase Option Agreement and related documents. VOTE: Ayes 5, Nays 0. (The City Council meeting was recessed at 7:13 p.m. to convene the HRA meeting) 0 (The City Council meeting was resumed at 7:16 p.m.) PARK COMMISSION COMMENTS — RICK RICE, REPRESENTATIVE Rick Rice, Representative, was not present. PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE Kempf stated the Planning Commission was impressed with the progress made on the Willow Drive and McKennon Hill projects by Bohland Development. Kempf praised the developer's ecological initiative on those two developments, and encouraged the City Council to insure that the ecological steps being taken on the projects are protected through the appropriate covenants. U PAGE 2 • • • MINUTES ORONO CITY COI Monday, Novei 7:00 o'cic PUBLIC COMMENTS F THE CIL MEETING er 28, 2005 p.m. Paul Wrobel, 1126 Hollybrook, Wayzata, stated he recently put his townhome on the market for sale and has run into some problems with the sale due to the home being located in a floodplain. Wrobel stated he did commit himself to a year's rental at Orono Woods ',because he thought his old residence was sold. Wrobel stated two weeks after he committed himself at Orono Woods he received a notice from the buyers stating that they are unable to obtain flood insurance from FEMA. Wrobel indicated he was unaware of the need for flood insurance. Wrobel stated he attempted to verbally cancel his tenancy at the Orono Woods complex. Wrobel stated he was told two weeks later by the management of the Orono Woods complex that he would be held to his lease. Wrobel stated the Orono Woods handbook states that Great Lakes Management would be understanding, adapatable, and flexible with its policy under very different circumstances. Wrobel indicated he was subject to a $3,000 penalty for canceling out of his lease. Wrobel stated Great Lakes Management was not interested in considering his situation other than asserting themselves in enforcing his lease. Wrobel stated in his opinion he did not receive proper consideration by Great Lakes Management of his situation with FEMA. 'I Wrobel requested the City Council speak with Great Lakes Management regarding this situation. Sansevere questioned whether the Council is able to do anything in this situation. Gaffron stated the first issue deals with the sale of the home, which occurred in Wayzata and is not something the City of Orono can deal with. ;I Wrobel indicated he has dealt with the FEMA issue. Gaffron stated a private, nonprofit entity owns and underlying fee owner of the property. Gaffron ind the City has absolutely no involvement in the day -1 tes Orono Woods and that the City is only the the owner has a 99 -year lease with the City and operation of the apartment complex. Wrobel stated the way the apartment complex is opexated does reflect on the City of Orono. White pointed out Orono Woods is owned by Volunteers of America. White recommended that Mr. Wrobel appeal to the owners of the complex rather than Great Lakes Management. White stated Volunteers of America is in the business of providing housing for seniors and that in his opinion they would be approachable. Wrobel commented that private individuals can be quite affected by legal writings, which tend to protect the person or entity that has the document drafted. �I Worden inquired whether Mr. Wrobel consulted with an attorney prior to the sale and lease. Worden stated he is unable to advise Mr. Wrobel because the City owns and leases the property. Worden PAGE 3 !I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Public Comment, Continued) suggested Wrobel approach the owners of the complex to see if they can help him or consult with an attorney. ZONING ADMINISTRATOR'S REPORT *4. #05 -3142 CHRISTOPHER AND EMILY CHAPMAN, 3775 BAYSIDE ROAD — VARIANCE — RESOLUTION NO. 5403 Murphy moved, Sansevere seconded, to adopt RESOLUTIO NO. 5403, a Resolution approving variances for the property located at 3775 Bayside Road. VOTE: Ayes 5, Nays 0. 5. #05 -3162 CITY OF ORONO ZONING & SUBDIVISION CODE AMENDMENT: GATE HEIGHTS — ORDINANCE NO. 30,3 RD SERIES Gaffron addressed the City Council concerning the Zoning & Subdivision Code Amendment regarding • gate heights. The Planning Commission did review this ordinance amendment at their November meeting and discussed that the gates should be no taller than the entrance monuments, which have a maximum height of eight feet. Gaffron reviewed the revised language of the ordinance amendment, noting that the monuments and gates are restricted to approved driveway accesses and that revision to Item (8)f was in response to the Fire Marshal's concerns. Item (8)g states, "When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16' is required between them. McMillan inquired what is meant by the language "unless principal structure setbacks are met" contained in Item 2. Gaffron stated the principal structure setback for a lot in a two -acre zone is 50 feet, a one -acre zone is 35 feet, a half -acre zone is 30 feet, and a five -acre zone it is 100 feet. Gaffron stated if the gates meet the principal structure setback, the gates could be higher than what a fence is limited to. Sansevere stated he has a concern that people will have different interpretations for a monument and that some people may call a fence extension a monument. Sansevere noted the City does have height restrictions on fence and that in his opinion this is something that the City will need to deal with in the future if it is not addressed at the present time. Gaffron inquired how the City should handle a situation where a 3.5 -foot high fence is proposed to be constructed along with an eight -foot monument and an eight -foot gate. Gaffron questioned whether that type of situation would occur and whether the Council wanted to have a minimum size for a monument. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 10 7:00 o'clock p.m. ( #05 -3162 City of Orono Zoning & Subdivision Co Murphy reiterated that he would prefer to see the gate individually, but that in his opinion the post would be of the fence. Amendment, Continued) would like to address each situation .hed to the fence and should be considered part Sansevere commented that someone could call a fence post a monument unless it is better defined. Gaffron inquired whether the Council would like to have the diameter of a monument defined Sansevere stated in his view the way the language monument. Murphy stated in his opinion a fence post is different White inquired whether arches are allowed. Gaffron stated arches are not allowed. Gaffron i. conditional use permit or a variance. • Murphy suggested this ordinance amendment be future, it could be discussed at that time. y reads, a fence post could be considered a a monument. arches have been approved in the past through a tonight, and that if that situation arises in the Murphy moved, White seconded, to adopt ORDINANCE NO. 30,3 RD SERIES, an Ordinance amending the City of Orono Zoning Code Section 78 -1405 regarding nonencroachments. VOTE: Ayes 5, Nays 0. 1 6. CHARLIE JAMES, 425 OLD CRYSTAL BAY ROAD NORTH — REQUEST FOR LAND ALTERATION PERMIT FOR TOPSOIL STRIPPING /STOCKPILING White inquired if the City has the right to stop the hauling if the City determines that the stockpiling of the dirt or hauling is problematic. Gaffron stated in his view the application is incomplete at the present time. Gaffron indicated if the applicant submits the appropriate documents, the City would have a plan for the temporary disposal of the fill that will specify the height of the dirt pile and other parameters for the time that the fill is sitting there. Gaffron noted the present plan is not usable and requires more detail and engineering work before it can be approved. White expressed a concern for possible dirt blowing in the area and other issues that may not have been given much consideration. McMillan inquired how long it is anticipated the fill will remain. .1 PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Charlie James, Continued) Gaffron stated it is Staff's anticipation that the stripping and stockpiling of the topsoil would commence almost immediately, with fill being brought to the site in the spring. Murphy stated Ames Construction would prefer to haul the dirt to the site here in Orono rather than Delano or Independence. Murphy stated the topsoil would be scraped off the top of this site and moved to the side while the fill is being hauled in. White inquired how the grade on this site would change. Gaffron stated he has not received ample information to address the change in grade and some of the other concerns raised tonight. Gaffron stated it could be a few weeks before the appropriate information is provided. Moorse stated the developer has been told that they are not to be filling this lot up high enough to create walkout lots. White expressed a concern about the appearance of the lot while the stockpiling was occurring. Murphy stated he had the understanding that Ames was going to be the applicant and would be paying the • fees and obtaining the conditional use permit. Gaffron stated Ames is the applicant. Murphy pointed out that there really is no connection between Ames and the property owner but that this is an opportunity to place some fill in an area that needs to be brought up to grade and provide additional dirt for a berm for screening but that the amount of fill would be controlled. Murphy stated he was unaware of the lack of information submitted. Murphy stated he would be happy to speak with the contractor about this situation. Gaffron stated Ames should work with the property owner on the temporary fill plans for this lot. Murphy stated he is confident that Ames Construction would take the appropriate steps to deal with possible erosion and some of the other issues and that he would be supportive of the permit if Ames Construction provides the required documentation. McMillan inquired what kind of protection the homes in the immediate area would receive. Gaffron stated there are some limits to what protections can be placed on the hauling in of the fill and that there likely are going to be some impacts to the neighboring properties. Gaffron stated the City can require mulch, seed and hay on the fill, but that there may be times when there is not vegetation growing on the dirt and that there may be an issue with dirt blowing. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Charlie James, Continued) White commented the Council should consider this as if this is going to occur in their backyards and what controls they would like to see. Gaffron stated the permit would need to be conditioned; the applicant providing the required information. Gaffron stated he has put together a list of I what he feels are reasonable conditions. Sansevere stated he would like Dumas to be notified prior to the permit being approved to give Dumas the opportunity to comment on the application. It was the consensus of the Council to have the neighbors notified of this permit application. Gaffron stated the contractor would be expected to deal with the erosion, sedimentation, drainage issues, noise, hours of operation, among other conditions. McMillan stated she would like to know where the topsoil would be stored prior to the next meeting. Murphy stated one of the advantages to having Ames do it is that they have to follow watershed • restrictions.. Sansevere reiterated that he would like the neighbors notified and that this matter can be looked at again in a couple of weeks. Sansevere motioned, McMillan seconded, to table the request by Charles James, 425 Old Crystal Say Road North, request for land alteration permit for topsoil stripping /stockpiling. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT 11 White commended the Public Works Department for filling the potholes in the streets. Murphy stated the Old Crystal Bay Bridge would be opI en for traffic this Thursday, noting that the ribbon cutting ceremony is scheduled for Thursday at 11:00 a;m. Murphy stated there is a planning meeting scheduled for Tuesday afternoon. ;I Sansevere commended Murphy and Moorse for the quick resolution to the Anderson situation. Sansevere questioned what the school's plan is for the 'sign located at the corner of Kelley Parkway and Highway 12. Sansevere stated it was his recollection that the City Council agreed that the bottom portion of the sign could be used for recognition and advertising, with only school activities being displayed on the upper portion of the sign. I PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Mayor /Council Report, Continued) Murphy stated that is also his understanding. Gaffron stated he would review the resolution approved by the Council for the sign. PUBLIC SERVICE DIRECTOR'S REPORT *7. ACCEPT QUOTATIONS LIFT STATION 18, CHERRY PLACE EMERGENCY GENERATOR Murphymoved, Sansevere seconded, to accept the quotation in the amount of $22,950.08 from Ziegler Power Systems, Shakopee, Minnesota, for the Lift Station #18, Cherry Place emergency generator with funding from the Sewer Fund and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. • Murphy moved, Sansevere seconded, to accept the quotation in the amount of $5,250.00 from Electric Resource Contractors, Minneapolis, Minnesota, for completion of the electrical connection • work for the Lift Station #18, Cherry Place emergency generator with funding from the Sewer Fund and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. *8. REQUEST FOR PAYMENT NO. 1— DICKEY LAKE DRIVE SANITARY SEWER PROJECT Murphy moved, Sansevere seconded, to approve Request for Payment No. 1 for the Dickey Lake Drive Sanitary Sewer Project to Red Pederson Utilities, Inc., in the amount of $6,779.20. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *9. DAKOTA RAIL TRAIL MASTER PLAN — RESOLUTION NO. 5404 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5404, a Resolution supporting the master plan of the Three Rivers Park District regarding the development of a continuous regional recreational trail on the Dakota Rail Corridor. VOTE: Ayes 5, Nays 0. PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. *10. ACCEPTANCE OF A DONATION Murphy moved, Sansevere seconded, to accept the c from Stephanie Grande. VOTE: Ayes 5, Nays 0. *11. REQUEST TO ADVERTISE POLICE C Murphy moved, Sansevere seconded, to approve officer. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Worden had nothing to report. • 12. ` LICENSES is ANNUAL LIQUOR LICENSES Club On Sale and Sunday Liquor 1. Wayzata Country Club 200 Wayzata Boulevard 2. Woodhill Country Club 200 Woodhill Road Off Sale Liquor 3. Navarre Liquors, Inc. 3421 Shoreline Drive On Sale Liquor and Sunday - Tabled 4. Narrows Saloon (Orono Liquor, Inc.) 3380 Shoreline Drive PAGE 9 1 n of Dreamweaver Ultradev software POSITION and testing for position of police MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Licenses, Continued) On Sale 3.2 Percent Malt Liquor 5. Lakeview Golf of Orono, Inc. 405 North Arm Drive 6. Orono Golf Course 265 Orono Orchard Road South Off Sale 3.2 Percent Malt Liquor 7. O' Sullivan's 2420 Shadywood Road GAMBLING PREMISES PERMIT RENEWAL — RESOLUTION 8. Northwest Tonka Lions Club Narrows Saloon 3380 Shoreline Drive ONE DAY GAMBLING — RESOLUTION 9. Orono PTO (raffle) Winter Fun Fest — Orono Middle School 12:00 p.m. — 4:00 p.m. Saturday, February 4, 2006 Sansevere stated he has a concern with Item No. 4, the Narrows Saloon. Sansevere questioned whether Police Chief Good is recommending denial on the application because of the incomplete information on the application. Moorse stated it is his understanding that the police chief added the missing information; otherwise she would have had to deny the application. Murphy stated at the time of the initial application to increase the size of the restaurant/bar, the City Council requested a report from the police chief, which had a number of details regarding violations. Murphy inquired what criteria the City follows for denying a liquor license. Murphy stated to his recollection the City denied a liquor license for a different establishment for lesser reasons. • • White stated his recollection of the other establishment was that there was also incomplete or missing information in the application. White suggested that there be some type of fine imposed when applications are not completely filled out or truthful and that the penalty should be stiff enough to get the applicant's attention. 4) PAGE 10 +.R • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Licenses, Continued) Murphy stated denial of the license would be one option. Sansevere pointed out the form states that "Applicant's signature on this renewal application confirms the following: Failure to report any of the following will result in fines." Sansevere stated in his view the police chief should not be completing the application for the applicant. Sansevere inquired who levies the fine. Moorse indicated he is not sure at this time which entity would levy the fine. Murphy stated in his mind the City Council has to be clear on the type of criteria that would result in a denial of a liquor license. Murphy suggested the license application by the Narrows Saloon be tabled to the next Council meeting. Sansevere inquired why the application was not sent back to the applicant, noting that the chief did include language on the form stating that "we are concerned about the inability or unwillingness of owner James Anderst to comply with local and state licensing requirements and it should be noted that continuing concerns will be carefully monitored." Peterson stated she interprets the language of the license. Murphy concurred with Peterson. chief as recommending denial of the liquor McMillan stated to her understanding the police chief signed the document indicating that she reviewed the application. I Sansevere indicated he interprets the signature of the police chief as endorsing the application. Moorse stated the violation occurred back in 2002, and the police department alerted the City in 2003 that this violation occurred. Moorse stated to his understanding the police chief, by her memo, is alerting the City of the violation and that there are some concerns regarding this application but that she signed the license indicating that she reviewed the application. Sansevere questioned whether the concerns or other incidents. Moorse noted the Council did receive some informa Narrows Saloon. Murphy reitereated he would like to know what the Sansevere stated he would like to request that Jim by the police chief relate only to the 2002 violation from the police chief earlier regarding the s criteria are for denying a liquor license. PAGE 11 appear before the Council. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. (Licenses, Continued) Murphy stated he would like to see the criteria for denial prior to Anderst appearing before the Council. Sansevere noted the application would need to be approved at the next council meeting or the establishment would be prohibited from selling liquor until this situation is resolved. Murphy stated in his opinion each time the City has an opportunity to deal with this applicant the City is required to obtain additional information from other sources due to the failure of the applicant to provide it. McMillan stated that the City should attempt to work with the applicants in situations like this to clarify what is expected. Sansevere stated the applicant could have thought that the 2002 incident was no longer relevant and it was an oversight. Sansevere suggested the criteria be discussed at the work session, and noted that the language reads that a fine would be imposed, not may be. Murphy suggested the City of Long Lake be contacted to see how they have handled similar situations. White moved, Sansevere seconded, to approve license applications 1, 2, 3, 5, 6, 7, 8, and 9, and to table Item No. 4, the Narrows Saloon, to the December Council meeting. VOTE: Ayes 4, Nays 0, McMillan Abstained. *13. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Sansevere moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:34 p.m. VOTE: Ayes 5, Nays 0 ATT ST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 12 • n U • z