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Home My WebLink About06-27-2011 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2011 • 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Mayor Lili Tod McMillan and Council Members Cynthia Bremer, Doug Franchot, Aaron Printup, and Doug Franchot. Representing Staff were City'Administrator Jessica Loftus, Finance Director Ron Olson, City Attorney Soren Mattick, City Clerk Lin Vee, Assistant Administrator of Long -Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA McMillan noted that Item No. 5 has been removed from tonight's agenda at the request of the applicants. Item Nos. 6 and 8 through 13 were added to the Consent Agenda as amended. Franchot moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES • *2. COUNCIL WORK SESSION OF JUNE 13, 2011 Franchot moved, Rahn seconded, to approve the minutes of the Orono City Council Work Session of June 13, 2011, as submitted. VOTE: Ayes 5, Nays 0. *3.' REGULAR CITY COUNCIL MEETING OF JUNE 13, 2011 Franchot moved, Rahn seconded, to approve the minutes of the regular Orono City Council meeting of June 13, 2011. VOTE: Ayes 5, Nays 0. PRESENTATION 4. PRESENTATION OF FLAG . Luke Hellier, Office of Congressman Erik Paulsen, stated he is here tonight to meet with the Orono City Council and present an American Flag that was flown over the U.S. Capitol Building. Printup stated it is an honor for the City of Orono to receive a U.S. Flag from Congressman Erik Paulsen's office. Franchot asked whether other cities in the Congressman's -district will be presented with a U.S. Flag. • Hellier indicated this is the first flag they have presented to a city and that it may be something they start doing on a regular basis. Page 1 of 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2011 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS — LINDA FEUSS, REPRESENTATIVE Feuss stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 5. #10 -3481 NICK AND JODEE KOZLAK,1635 BOHNS POINT ROAD — REVISIT VARIANCE APPROVAL Franchot moved, Rahn seconded, to remove Application No. #10 -3481 Nick and Jodee Kozlak,1635 Bohns Point Road, from the agenda at the request of the applicants. VOTE: Ayes 5, Nays 0. *6. #11 -3509 TOM AND MARGARET RADKE, 3424 EAST LAKE STREET — VARIANCE — RESOLUTION NO. 6055 Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6055, a Resolution Granting a • Variance to Municipal Zoning Code Section 78 -305, for the property located at 3424 East Lake Street. VOTE: Ayes 5, Nays 0. 7. #11 -3512 CITY OF ORONO — ZONING CODE TEXT AMENDMENTS TO SECTIONS 78 -100; 78 -121 THROUGH 78 -123; 78 -1111, AND 78 -1134 REGARDING VARIANCES — ORDINANCE NO. 88, THIRD SERIES Curtis stated as a result of the Krummenacher ruling, the state statutory language was recently revised to reflect the requirement for demonstration of a practical difficulty when cities grant a zoning code variance. The revision of the statute results in inconsistencies between Orono's Zoning Code and the language in MN State Statute Chapter 462. Currently, Orono City Code is written to require demonstration of a particular hardship or undue hardship when granting a variance from City zoning code requirements. There are six references to particular hardship or undue hardship in the City's current language. The City Attorney has made the appropriate changes to reflect the new statutory language. On June 20, 2011, the Planning Commission voted 6 -0 to recommend approval of the text amendments. McMillan asked what impact this amendment will have on Orono. Curtis stated her experience with the new, language is that the residents appear to understand the language better rather than the term hardship that was used in the old statute. Mattick stated the term practical difficulties allow the. landowner to explain what the problem is and why the code does not fit their circumstances: It also allows them to explain how the changes will still be in keeping with the character of the neighborhood. From a legal standpoint, there is some good guidance on • how cities can determine practical difficulties and that he is satisfied and comfortable with the change. Page 2 of 5 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2011 7:00 o'clock p.m. (7. #11 -3512 CITY OF ORONO — ZONING CODE TEXT AMENDMENTS TO SECTIONS 78- 100; 78 -121 THROUGH 78 -123, 78 -1111, AND 78 -1134 REGARDING VARIANCES, Continued) McMillan asked if the City's zoning codes are now more "similar to the County's. Mattick indicated they are. A number of people did not realize that there were different standards between counties and cities and this new language will help resolve that. Curtis noted the City.has revised their variance application to.reflect the new language. Bremer moved, Franchot seconded to adopt ORDINANCE NO. 88, Third Series, an Ordinance Amending Chapter 78 Regarding Variances. VOTE: Ayes 5, Nays 0. *8. APPOINTMENT OF ALTERNATE PLANNING COMMISSIONER Franchot moved, Rahn seconded, to appoint Kevin Landgraver to the position of Planning Commission Alternate effective immediately. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT None MAYOR/COUNCIL REPORT Rahn reported the second meeting of the hardcover task force was very productive. Attendance has been fairly consistent at both meetings and the group is engaged in the discussion. McMillan asked if there is any additional information available on the City's web site regarding the hardcover task force. Curtis indicated the information will be placed on the web site in the very near future. Printup indicated he was in attendance on Saturday at Long Lake's Summerfest. Overall the event was a good success. Printup noted on the 40` of July there will be an event at the Wayzata Depot from 8:00 a.m. to noon sponsored by the Children of the American Revolution. The event will feature re- enactments from the Revolutionary War. McMillan reported she attended a meeting with Boe Carlson from Three Rivers, Orono's Police Chief, and the Mayor of Minnetonka Beach regarding added enforcement along the Dakota Trail. The mayor of Minnetonka Beach is requesting some speed bumps for bicyclists be added to the trail. There are a couple of driveways in Minnetonka Beach where the homeowners have had some issues with being able to see the bicyclists. Three Rivers will be trying this on an experimental basis. McMillan noted that originally Minnetonka Beach had requested that Three Rivers have the concrete • stamped differently in that section of the trail, but found that it did not have the effect of slowing down or stopping people who were using the trail. The Minnetonka Beach mayor has also requested a couple of Page 3 of 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2011 7:00 o'clock p.m. (MAYORICOUNCIL REPORT, Continued) days where there is added enforcement to help ensure that the bicyclists stop at the stop signs and yield to the cars. McMillan noted the City's logo is in the process of being updated and that wildlife artist David Moss has prepared a stencil sketch of the updated logo. McMillan indicated she will be picking it up this week and providing each council member with a copy. McMillan reported the donation garden behind the fire station has been planted and a fair amount of volunteers have been assisting in the endeavor. Water to the garden was hooked up today courtesy of the City of Long Lake. A meter was placed on the fire hydrant at Holbrook Park. McMillan thanked Public Works Supervisor Don DeBaere for the Public Works assistance with the wood chips and removing the top grass. The group will be providing some information to the local paper on how people will be able to help out with the garden. CITY ADMINISTRATOR'S REPORT *9. PURCHASE INSPECTIONS PICKUP TRUCK • Franchot moved, Rahn seconded, to approve the purchase of a new Ford F150 pickup from • Midway Ford in the amount of $18,099.55, to dispose of-Truck #211, and to amend the Improvement Equipment Outlay Fund to reflect the expenditure. VOTE: Ayes 5, Nays 0. *10. LETTERS OF SUPPORT — HENNEPIN COUNTY BRIDGE REPLACEMENTS Franchot moved, Rahn seconded, to authorize the mayor to sign the letters of support for replacement of the Boy Scout Bridge and the Brown Road South Bridge by Hennepin County. VOTE: Ayes 5, Nays 0. *11. REINSTATE PART -T I(E POLICE OFFICER POSITION Franchot moved, Rahn seconded, to authorize the hiring of William Persell and Erick Dyer as part -time police officers at a rate of pay of $27.77 per hour. VOTE: Ayes 5, Nays 0. *12. APPOINTMENT OF 2011 GOLF COURSE EMPLOYEE Franchot moved, Rahn seconded, to approve the appointment of Benjamin Lucas to a seasonal position with the Golf Course, effective June 28, 2011, at a pay rate of $8.50 per hour under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None Page 4 of 5 • • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2011 7:00 o'clock p.m. *13. LICENSES AND PERMITS MASSAGE THERAPY LICENSES 1. NJ Berg Companies, Inc. d/b /a Eclectic Spalon 2377 Shadywood Road 2. Seidou Salon Spa, Inc. d/b /a Seidou Salon Spa 3502 Shoreline Drive Franchot moved, Rahn seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. *14. BILLS Franchot moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CLOSED MEETING 15. PENDING LITIGATION (The Orono City Council went into closed session at 7:17 p.m.) ADJOURNMENT Franchot moved, Rahn seconded, to adjourn the Orono City Council meeting at 8:20 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Lin a S. Vee, City Clerk ifl , ��k tk(e-& 61 Lili Tod McMillan, Mayor Page 5 of 5