HomeMy WebLinkAbout02-27-2006 Council MinutesJill
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
• Monday, February 27, 2006
7:00 )'clock p.m.
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The Council met on the above mentioned date with the following members present:; Mayor
Barbara Peterson; Council members Bob Sansevere, Jim Murphy, Lili McMillan, and Jim White;
City Attorney Matthew Brokl; Representing staff were, City Administrator Ron Moorse, Planning
Director Mike Gaffron, Engineer Tom Kellogg, and Recorder Kristi Anderson.
Mayor Peterson called the meeting to order at x:00 P.M, followed by the Pledge of Allegiance
CONSENT AGENDA 'I
1. Approve /Amend
Items 4, 6, 8, 11, 12, and 5 were added to the Consent Agenda. Item 12A, Presentation by Greg
Nystad of the Hill School, was added to the agenda.
White moved, Sansevere seconded, to
5, Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF
White moved, Sansevere seconded, to
submitted. VOTE: Ayes 5 Nays 0.
PUBLIC HEARING
the Consent Agenda as amended. Vote: Ayes
13, 2006
the Minutes of February 13, 2006, as
Mayor Peterson opened the Public Hearing at 7:04 p.m. with the Affidavit of Publication in hand.
3. JAMESTOWN ROAD SANITARY
A. ORDER PREPARATION OF
Engineer Kellogg explained that a feasibility s
sewer system which would discharge into the
system with an estimated project cost of $126,
per unit for 13 units along Jamestown Road. T
period, at a 6.25% annual interest rate. He poh
individual installation and house hook -ups wh:
Though conforming units would not be forced
connect later, Met Council SAC costs, the qua
later.
PROJECT
AND SPECIFICATIONS
ly had been completed to construct a pressure
«Bole at Old Crystal Bay Road into its gravity
), resulting in a proposed assessment of $9,700
cost of which could be assessed over a 15 year
3 out that the estimated $9,700 did not include the
would run approximately an additional $10,000.
hook up now, he explained that the costs to
-1y sewer fees, and assessment would be applied
Kellogg continued stating that 9 -10 residents had participated in neighborhood meetings where
they had expressed interest in proceeding with the project. He indicated that this public hearing was
being conducted to obtain resident input on the project, if favorable, the next step in the process
PAGE i of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, Febniary 27, 2006
7:00 o'clock p.m. •
(3. JAMESTOWIVROAD SAMTARYSEWER PROJECT, Continued)
would be for the City Council to adopt a resolution ordering preparation of plans and specifications
for the project.
Andy Page, 3050 Jamestown Road, stated that although he had a conforming unit at present he felt
hooking up was a good idea and asked whether the $9,700 would be assessed to the property or the
individual. In addition, Page asked how the cost would be affected if several people chose not to
participate at this time.
Attorney Brokl stated that the assessment goes against the property and would be assessed two
times a year with property taxes and would need to be disclosed if the property were to be placed
on the market.
Kellogg stated that the cost would be assessed against all 13 properties, even though not all might
be participating at this time. The City would carry the costs of those not participating until they
choose to hook up, at which time they would be responsible for the necessary fees.
Murphy pointed out that if you choose not to participate at this time and hook up later, you will still
be subject to all the same costs as you would now, and in fact, due to inflationary estimates likely
more.
John Ryder, 3045 County Road 6, stated that back in 1985 he installed a conforming septic system
at the front of his property based on discussions with city staff at that time who had led him to -
believe that an eventual sewer line would likely run down County Road 6 for him to hook into.
Since that time, the Jamestown system, which abuts the rear of his property has been designed and
if forced to hook into the sewer system here this would place undue burden on both he and his
neighbor at 3025 County Road 6. He questioned the logic for them to hook into a system which
runs behind them, especially when all other utilities run in front of them down County Road 6.
Kellogg stated that there is a provision in the city to eventually run lines down county Road 6 on
the south side which they could hook into. He indicated that, if the Council chose to, he could work
up a new feasibility study which would run down County Road 6 and determine the costs.
Mayor Peterson asked whether the line could run down County Road 6 to pick up these two
neighbors and then cut through between the residences to reach Jamestown.
Kellogg stated that this would be possible with the cooperation of the neighbors and easements.
Moorse conunented that if it is the intent of the City to run lines down County Road 6 in the future,
he questioned what impact it might have to run the line to two of the County Road 6 properties now
and the carrying costs incurred by the City to do so.
Although the final two property owners on Country Road 6 had conforming units, he suggested
they be contacted and included in the discussion because they might wish to be a part of this
project extension. He conunented that the longer anyone waits to participate, the more expensive it
will be.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 27, 2006
7:00 o'clock p.m.
(3. JAMESTOWNROAD SANITARY
Kellogg maintained that no matter which (
$10,000 per property owner to participate.
Brent McKee, 3025 County Road 6, stated
County Road 6 than to cut in and down Jar
PROJECT, Continued)
the lines run, it would likely cost approximately
it would likely be a shorter distance to run down
awn Road.
Mayor Peterson closed the Public Hearing at 7:34 p.m.
Mayor Peterson asked whether the City
include these two additional residents.
Kellogg stated that he would need to
hearing.
Attorney Brokl stated that the Council
March and look at the new numbers.
John Coo, 3060 Jamestown Road, asked if n
they were unable to attend the upcoming cor
Brokl stated that they could do so, and point
Road 6 were in agreement with the project, t
Kellogg stated that he could provide the resi'l
White moved, Murphy seconded, to Conti
PARK COMMISSION COMMENTS
There were none.
PLANNING COMMISSION
need to begin the process all over again in order to
them and invite them to participate in a public
call for a Continued Public Hearing to take place in
could sign a letter of support for the project if
hearing.
out that if the two additional neighbors on County
City could waive the 30 day requirement.
with revised figures by the end of the week.
the Public Hearing. VOTE: Ayes 5, nays 0.
— ROLAND JURGENS
Jurgens stated that he had nothing to report, but would remain for questions.
PUBLIC COMMENTS
There were none.
ZONING ADMINISTRATOR'S
*4. #05 -3147 STEVE AND JANNA SUNDBY, 3587 NORTH SHORE DRIVE —
VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5429
White moved, Sansevere seconded, adopting RESOLUTION NO. 5429, a Resolution granting
variances to allow construction of a 51X8' covered entry. VOTE: Ayes 5, Nays 0.
PAGE 3 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, Febnaary 27, 2006
7:00 o'clock p.m. .
*5. #05 -3161 LOREN FRITZ, 3856 NORTH SHORE DRIVE — PRELIM[INARY
PLAT
White moved, Sansevere seconded, to direct staff to draft a Resolution for Preliminary Plat
approval for review and adoption at Council's March 13 meeting. VOTE: Ayes 5, Nays 0.
*6. #06 -3171 JOHN AND JOAN BROOKS, 905 FERNDALE ROAD WEST —
VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5430
White moved, Sansevere seconded, adopting RESOLUTION NO. 5430, a Resolution granting
a hardcover variance to relocate an existing deck and the granting of a conditional use permit
to allow plumbing in an accessory structure not to be used as a living space or secondary
residence. VOTE: Ayes 5, Nays 0.
7. #06 -3173 CITY OF ORONO INDUSTRIAL DISTRICT ZONING STANDARDS
ORDINANCE AMENDMENT
Gaffron explained that a small number of revisions had been incorporated to the Amendment since
the last work session, and introduced Steve Grittman to review a few of the pertinent changes.
Grittman stated that, although the City did not make changes to the wall signage portion of the
amendment or outdoor displays section as asked by some of the property owners, he pointed out •
that clarification of the 25% rules Section 78- 821E -2, Page 3 were made, as were additions to the -
thresholds of building materials in Section 78- 826A -9, page 10.
McMillan's asked what the rationale was behind the request for more liberal wall displays.
Grittman stated that initial changes were made in order to be consistent within the zoning district.
Brokl stated that exceptions within the district could be treated thru the variance process, for
example, if odd shaped buildings were presented.
Peter Johnson, Morrie's Representative, voiced his ongoing concern regarding the allowance of
their existing use as a conditional use, since Morrie's has invested a great deal of time and money
into the property.
Murphy pointed out that whether it be Morrie's or anyone else, it was not the intent of the City to
zone out their existing conditional use or take away anything that they already have.
Johnson reiterated that, as an existing conditional use, they should be entitled to grow their
business and questioned how they might be impacted by limits placed on outdoor displays, for
example, as unpennitted.
Brokl explained that all existing CUP's are valid under the new codes; however, modifications to
those CUP's would be viewed under the new code. If a business wishes to expand or increase their
CUP, the City Council can make a judgment to make an allowance even if the expansion is not
PAGE 4 of 9
ORONO CITY C
• Monday, Fe
7:00 o'
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(7. #06 -3173 CITY OF ORONO INDIISS
ORDINANCE AMENDMENT, Continued)
listed as an accessory or permitted use. He
City Council.
White mentioned that, as he drove around the p;
park he encountered had some sort of limited re
the City of Orono was afraid of by not allowing
wish to see the City zone this out entirely.
McMillan concurred, pointing out that sales
retail should be allowed.
Grittman stated that, oftentimes, limited sales as
many communities that might not wish to see in
with it.
Murphy cautioned the Council to be thoughtful
consequences.
McMillan suggested the Council spend more ti:
OF THE
�IL MEETING
27, 2006
p.m.
DISTRICT ZONING STANDARDS
that the allowances are at the discretion of the
week he observed that most every industrial
. associated with it. He questioned what it was
V retail within the zone and stated that he did not
to showroom or something less than regular
.ed with a showroom business is allowed in
retail sales and the parking issues associated
regard to retail and its unintended
looking into this.
Johnson asked for more information with regard I to the potential access to the south end of Morrie's
property. He suggested consideration be given to the partial use of the MnDOT ROW.
Murphy stated that he had attended a recent turnback meeting at which he urged the engineer's to
begin the address or draw up something as it relates to this case.
Gen McJilton, Ryan Properties, asked for further clarification of the 25% rule on page 3, that
additions be made to the building materials sect'i'on, and that signage language be spelled out as it
pertains to buildings with 2 ROW's with consideration given to proposed language from another
city. I
Grittman stated that the 25% rule is tied to the b
building materials and signage issues have been
building fagade faces two or more ROW's, they
, and it is the City's opinion that the
sed. As written, he pointed out that if a
need to meet the 5% on those sides.
White maintained that the City must continue to' :push the road issues forward as soon as possible,
so that the business owners understand the impacts on their proposals.
Murphy commented that he would not support
of those residents living south of the new High
Gaffron pointed out that, currently, inside lit
add this as a condition.
lit signs or security lights within the sightlines
12 at night.
are not prohibited, and suggested the Council
PAGE 5 of 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 27, 2006 •
7:00 o'clock p.m.
(7. #06 -3173 CITY OF ORONO IND MISTRIAL DISTRICT ZONING STANDARDS
ORDINANCE AMENDMENT, Continued)
Mayor Peterson moved, Murphy seconded, to table the City of Orono — Zoning Code
Amendment, Industrial District Standards for further discussion. VOTE: Ayes 5; Nays 0.
*8. #06 -3175 JAMES AND JUDITH PEIRPONT, 1801 WEST FARM ROAD —
RENEWAL LOT LINE REARRANGEMENT - RESOLUTION NO. 5431
White moved, Sansevere seconded, adopting RESOLUTION NO. 5431, a Resolution
Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 1801 and
1849 West Farm Road — File #06 -3175. VOTE: Ayes 5, Nays 0.
9. #06 -3178 CITY OF ORONO, NONCONFORMING USES — ZONING CODE
AMENDMENT - ORDINANCE NO. 33,3 RD SERIES
Gaffron explained that, in order to be consistent with State Statute revisions passed in 2004, the
proposed code amendment results in specific changes in the way the City does business regarding
rebuilds and expanding nonconforming residential structures. He continued,. noting that with regard
to residential rebuilds where there are pre- existing nonconformances, the Planning Commission has
attempted to establish threshold levels of structural removals or expansion that would trigger the
entire new construction having to meet code. Gaffron cited specific changes on page 3, #3 of
Nonconforming Structures subsections 1 -3, to further detail the limits to expansion of
nonconforming structures.
McMillan moved, White seconded, adopting Ordinance No. 33, 3rd Series, Amending Chapter
78 of the Orono Municipal Code by Amending Section 78 -71 Regarding Nonconforming Uses
and Structures. VOTE: Ayes 5, Nays 0.
10. 1331 NORTH ARM DRIVE — REVIEW CONDITIONS OF RESOLUTION NO.
4026
Gaffron reported that the property owners have requested that existing heating and plumbing
fixtures in an accessory building be approved for continued use, requiring a revision of Resolution
No. 4026 adopted January 26, 1998. While the original approval resolution required the removal
of plumbing and heating facilities prior to the issuance of the certificate of occupancy, today's
codes allow plumbing in accessory structures and do not address the issue of heating accessory
structures. Gaffron stated that staff has recommended an amendment to the language of the
original Resolution No. 4026 to allow plumbing for a sink and to allow heating facilities for the
accessory building, but would request the`bathroom fixtures be disconnected and removed from the
building.
Gail Wilder and Peter Beck, representatives of the owner, requested that the residents be allowed to
disconnect without completely removing the tub and shower, since this would require a great deal
of demolition. Instead, Beck suggested that the applicants build a bookshelf unit over the
tub /shower to obscure their presence.
PAGE 6 of 9
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 27, 2006
7:00 o'clock p.m.
(10. 1331 NORTHARMDRIVE — RET1It W CONDITIONS OF RESOL UTION NO. 4026,
Continued) I
Murphy moved, Sansevere seconded, accepting and authorizing an Amendment of Resolution
No. 4026 to remove the language requiring the removal of the plumbing and heating facilities
from the accessory building with the caveat that the tub /shower be allowed to remain encased
by a shelving unit. VOTE: Ayes 5, Nays 0
12A. PRESENTATION BY GREG NYSTAD OF HILL SCHOOL
Moorse indicated he had advised representatives of the Hill School that the City was not supportive
of approving tax - exempt bond financing for the Hill School constriction project, because of the
potential appearance of a conflict of interest; since the City was currently considering a variance
application for the construction project.
Nystad explained that the Hill School would Ilike to bond to finance additions and improvements to
the school subject to the City approvals of their variance application. He stated that they hoped the
City would approve a bonding resolution so that they could begin a privately placed public offering
sometime in March. J
Although the Attorney had indicated that there was no legal conflict of interest to approve the
bonding issue prior to the variances, Murphy stated that he was uncomfortable that the funding for
the bond issue might have the appearance of a conflict of interest.
Brokl reiterated that there was not a legal conflict of interest, though it was up to the City Council's
discretion whether they felt there was an appearance of a conflict to the public.
Sansevere stated that the mere appearance of a conflict of interest was of utmost concern to him
and stated that he could not endorse it until the variance process was completed.
Nystad stated that it was very common for ml ney to be approved in advance of the variance
process for schools in order to lock in a lower 501C3 rate for schools.
Sansevere reiterated that he would be more comfortable to get the bonding approval done after the
variance process was complete.
Having familiarity with funding for public purposes, White stated that he did not have a problem
with approving the fimding for a 5010 project.
Murphy stated that he simply felt inadequate to make a judgment here and questioned whether it
might appear to the public schools that the City is funding the comp n.
etitio.
Gaffron stated that the variance process is a two phase application and would not be completed at
least until after the March Planning Conmiisslon Meeting.
Mayor Peterson stated that the City Council would prefer the Hill School complete its variance
process before the Council would consider the bondingrequest.
PAGE 7 of 9
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 27, 2006
7:00 o'clock p.m.
MAYOR/CITY COUNCIL REPORT •
Sansevere stated that he found it offensive to be handed a draft resolution by an applicant, as just
happened by the Hill School representative, or in any case in an attempt to streamline the City's
process.
Murphy stated that he had seen a televised City Council meeting in Nebraska at which the City
Engineer provided the Council with an annual Street Rehabilitation plan and 5 Year Improvement
Plan for streets and sewer projects. He suggested that this might be useful information for Orono.
White stated that on the League of Cities website there is an interesting Risk Management
questionnaire with regard to a city's preparedness for emergency management and suggested the
City take a look at it as a resource for testing itself internally.
Moorse reminded the Council members of their Work Session scheduled February 28, at 6p.m.
Mayor Peterson thanked resident Dick Kroeger, in attendance, for the complimentary letter he had
submitted to the Sun Sailor with regard to the City of Orono.
CITY ENGINEER'S REPORT
There was none.
CITY ADMINISTRATOR'S REPORT 1 •
*11. DAKOTA RAIL TRAIL MASTER PLAN -RESOLUTION NO. 5432
White moved, Sansevere seconded, adopting RESOLUTION NO. 5432, a Resolution in
support of the final master plan for the Dakota Rail Trail. VOTE: Ayes 5, Nays 0.
*12. INVESTMENT ACCOUNT AGREEMENT WITH US BANK, N.A., AND
SAFEKEEPING AGREEMENT — RESOLUTION NO. 5433
White moved, Sansevere seconded, adopting RESOLUTION NO. 5433, a Resolution to
Designate Those Officers of the City of Orono Authorized for Investing and Safekeeping City
Funds With U.S. Bank, N.A. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Attorney Brokl stated that he had been working on numerous issues including nonconforming uses,
the Industrial Zoning Standards, examining titles, a specific ROW issue, revising the department
police policy and procedures manual, and access issues with Mr. Floyd.
*13. LICENSES
There were no licenses.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 27, 2006
7:00 o'clock p.m.
*14. BILLS
White moved, Sansevere seconded, to ar
Ayes 5, Nays 0
ADJOURNMENT
Mayor Peterson moved, Sansevere seco:
February 27, 2006 at 9:03 P.M. VOTE:
ATTEST:
inch S. Vee, City Clerk
payment of the All Funds account. VOTE:
to adjourn the Orono City Council Meeting of
5, Nays 0.
PAGE 9 of 9
Barbara Peterson, Mayor