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HomeMy WebLinkAbout03-10-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 1 of 17   ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer Jesse Struve, City Attorney Soren Mattick, 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 Item Nos. 6, 7, 8, 9, 11, 12, and 13 were added to the Consent Agenda. Item No. 9A was added to the Agenda. Bremer moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF FEBRUARY 24, 2014 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council wok session of February 24, 2014, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF FEBRUARY 24, 2014 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council meeting of February 24, 2014, as submitted. VOTE: Ayes 4, Nays 0. LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE McDermott reported the LMCD is waiting for the ice to go off on the lake. The LMCD has had their second meeting with the marina owners. The owners are requesting that they be allowed to go out up to 200 feet. Currently half of the docks are out between 100 to 200 feet. Under the current regulations, they would not be allowed to violate any of the side setbacks, but the marina owners would like the latitude to make changes within the envelope of the 200 feet without needing LMCD approval. The LMCD is only considering that at this time for the commercial marinas but they may possibly consider yacht clubs sometime in the future. McMillan commented she is glad the LMCD is reviewing the marina code. McDermott stated the code was put in place a number of years ago for different reasons and the LMCD is reviewing the code to see if some of the restrictions are still applicable today. PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE Thiesse stated he had nothing to report but would be available for questions. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 2 of 17   PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE Curtis stated the applicant is requesting approval of a variance allowing a fence to be constructed up to eight feet in height where six feet is the maximum height permitted. Curtis noted the yellow portion on the overhead does not require a variance. The properties at 565 Leaf Street and 550 Oxford Road abut the Woods Chapel property located at 525 Leaf Street. The proposed fence would replace an existing fence on the property line of the 565 Leaf Street property and would be a partial new fence on the 550 Oxford Road property. Only a portion of the proposed fence on the 550 Oxford Road property would require a height variance because the majority of the proposed fence on this property meets an accessory structure setback. A building permit is required for the fence on both properties. At its February meeting, the Planning Commission voted 5 to 0 to recommend approval of the request. There were no public comments received at the public hearing other than the applicant. The City Council should direct Staff on how they would like to proceed. Levang asked if the McCarthy property would require a variance. Curtis indicated only the pink portion on the McCarthy property would require a variance. McMillan asked if the pink portion is on the property line. Curtis indicated it is. McMillan asked if the fence can be located right on the property line. Curtis indicated there is no setback for a fence from the property line. Curtis stated fences within the setback are considered a non-encroachment and can exceed six feet on the side and 42 inches in height in the front setback or within the average lakeshore setback. Printup asked how many similar variances have been granted in the past. Curtis stated to her knowledge there have not been very many requests. A temporary variance was granted for a fence to allow the vegetation to establish in the meantime and there was also a fence variance requested for John Hollander that was denied. Gaffron stated the City granted a fence variance to a property located on Watertown Road where the property was south of the road and the neighboring property north of the road had a driveway that was aimed at the other property, which resulted in headlights shining into their residence. The City denied a temporary fence variance to some property owners that were located next to a nature area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 3 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Bremer asked if the fence on Casco Point Road is over six feet high. Gaffron indicated he does not recall that property. McMillan asked if there was a property on Shadywood that also had a fence in excess of six feet. Gaffron stated in that situation the property owner constructed a 6-foot high fence and he was required to reduce the height of the fence to 42 inches. Ben Goodwin, Applicant, stated the request is unusual in that it is truly a hardship that he and the other two property owners in this area are experiencing. The chapel holds between 50 to 60 weddings every summer beginning in May through September. On the weekends there can be as many as three weddings in a single day and there are activities on the church property from Wednesday through Sunday. Goodwin indicated one of the reasons for the fence is for sound mitigation. When there are weddings, people sit near the pond and their voices carry over the pond on to their properties. Goodwin noted an 8-foot fence would not stop the sound but that they are hopeful it will reduce the noise somewhat. Goodwin stated they would like to enjoy their yard during the week. Goodwin stated the second reason for the fence is for a visual barrier. Goodwin pointed out the bridge on the church property where wedding pictures are frequently taken. Goodwin stated when they are in their back yards, they are within a clear sight line of the wedding party on a regular basis. By allowing the 8- foot fence that would enable them to enjoy their back yard to some extent without having people looking down into their back yard. Goodwin stated on a slightly different note, Mr. McCarthy is seeking a fence in general to prevent people from walking through his yard to the church property that have parked on Oxford Road. Levang stated she would dispute the figures of the number of weddings that the applicant has given and that she would like to speak with the owner of the church property on that item before she makes a decision on what could be inflated numbers. Levang noted when the applicant purchased the property, he was aware there was a church next door and that the majority of the churches in Orono are all located in residential areas. Levang noted that typically what happens at this church are weddings but that they could also be conducting funerals, baptisms, confirmations, religious education and bible study under their conditional use permit. Levang stated the fact of the matter is that the applicant’s house is up above and looks down into the chapel. Levang stated she would dispute the fact that people on the church property are looking up into the applicant’s property and that she is not sure if there is any way to block completely the view from the church property. Goodwin stated the fence is an attempt to partially solve the problem until the trees that have been planted along the property line are more mature. Goodwin indicated the fence is a temporary improvement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 4 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Levang indicated the City Engineer has stated an 8-foot fence will not make much difference. Levang stated she has visited the property several times and that she does not see how two more feet will make any difference. Heather Goodwin stated they have young children and that when they are in their back yard, there is an expectation from the church owners that it will be quiet. Goodwin indicated their children have a trampoline and periodically have friends over, but they feel they cannot be in their back yard in the lower level when there is a wedding going on. Goodwin stated their kids would like to enjoy their back yard and that they understand the fence is not going to deter people from seeing them up near the house. Levang stated she does not believe the owner of the church has any expectation that the neighbors will not be in their back yards and that they understand it is a residential area. Ben Goodwin noted he has invited Council Member Levang to the property. Levang indicated she has visited the property a number of times but that he was not there today when she visited the property. Goodwin stated he had also asked to meet with Council Member Levang and she did not want to do that. Levang indicated she did not meet with him because she had the impression that he was attempting to bias her and she would like to remain unbiased. Goodwin noted Council Member Levang has met several times with the owners of the chapel. Levang stated she has the right to meet with the adjoining property owners. Goodwin stated he was hoping Council Member Levang would listen to their side of the argument. Levang indicated she is listening to his side of the argument and that she also attended the Planning Commission meeting expressly for the purpose of listening to the discussion regarding this application. Levang stated she is not biased on this application. Goodwin stated he is not claiming any bias on the part of Council Member Levang. Levang asked what his point was by mentioning that she has met with the owners of the chapel and not with him. Goodwin stated she is contesting some of the things they have said. Levang indicated she is because she does not believe they are true. Printup asked the applicant to describe the trees that he has planted. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 5 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Goodwin indicated he has planted a number of white pines along a portion of the property line. Goodwin stated unfortunately it will take another ten years before they achieve what they want to achieve. McMillan stated she has been told by MnDOT engineers that trees will not stop sound but that mentally they might seem to help lessen the sound. McMillan stated to her knowledge the only thing that really stops sound is an earthen berm. Goodwin stated the 8-foot fence will not achieve a total solution but it will help stop the sound off the pond when the wind is blowing their direction. Goodwin indicated it is a partial solution that will allow them to enjoy their back yard. Levang asked if the church has asked the property owners to not be in their back yard when a wedding is held. Goodwin stated that perhaps Doug Lein could better answer that since he has lived in the area longer. Goodwin noted the number of weddings increased significantly last year and that people from different wedding parties has approached Mr. Lein about activities he is doing in his yard. Doug Lein, 580 Oxford Road, stated he has reviewed Staff’s report and has also had his attorney review it. Lein stated the previous owners before the Goodwin’s, as well as Richard McCarthy, have had several incidents where fathers of the bride and different people have come over and asked them to be quiet. Lein stated he also has been asked to discontinue the use of his bobcat on one occasion. Lein indicated he did speak with the owners of the chapel after that and told them that he cannot hire workers to perform work on his property and then be asked to shut down. Lein stated there have been instances where they have been asked to stop doing activities that a property owner should be able to do on their property. Lein noted on a nice, calm night, you can be a half mile across Stubbs Bay and hear word for word someone’s conversation. Lein stated the sounds from the wedding do travel across the property and that while the wedding attendees are there to enjoy the wedding, the Goodwin’s are also there to enjoy their property. Lein stated he understands both sides of the argument but there have been instances where the weddings are an inconvenience. Lein noted Council Member Levang stated the property was purchased with the knowledge that the chapel exists, and that someone could make that argument, but there has to be some sort of reconciliation to the argument at hand. Levang asked if the owners of the chapel have ever asked him to stop different activities on his property. Lein stated they have not but that people with the wedding party have asked him to stop. McMillan asked how the other side of the fence would be maintained if it is placed on the property line. Curtis stated typically Staff will recommend the fence be placed inside the property line enough so the person who erects the fence can maintain it on both sides. Curtis stated City Code does not require that however. McMillan stated that is perhaps something the City Council should look at in the future. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 6 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Goodwin noted the area on both sides of the fence are fairly rustic and not well kept up. Goodwin noted the owner of the chapel has indicated he would be willing to erect the fence and that he is perfectly amenable to that. Goodwin stated he does not have any plans to paint the cedar fence. McMillan stated having a fence that looks nice on both sides would be beneficial to both property owners. Goodwin indicated they want to work with the church owners so that the fence is pleasing to their guests. McMillan noted there was a situation where the City required arborvitae be planted along a chain link fence, which still exists today, but that they cannot do that with a wood fence. McMillan noted if the fence is erected right on the property line, there would be no room to plant anything. Goodwin indicated they could move it back a foot to help establish more of a buffer if that is required but that they are simply following the existing fence line. McMillan noted they technically could erect a 6-foot fence on the property. Printup stated part of the argument is that the properties are on the property line of a business and they would like to create some additional privacy. Printup asked if any precedent would be set for people who live along trails or parks. Mattick stated each variance is granted or denied based on the elements involved with the individual application. Mattick stated the discussion here centers around whether there is a practical difficulty. The applicants have said they live in a residential area and they are facing noises and disturbances that are not associated with a true residential area, which is the rationale for increasing the height of the fence by two feet. Mattick stated the City Council has to determine whether that is a practical difficulty but noted the City’s Code does not specifically spell out practical difficulties. McMillan noted the Goodwin’s are able to construct an 8-foot fence currently and asked if the variance is for the setback. Mattick indicated the variance is for the extra two feet of fence height. Bremer noted they can legally construct a 6-foot fence without the variance. Curtis indicated an 8-foot fence would need to meet a 10-foot setback. McMillan stated if the fence is constructed 10 feet back, it would eliminate a good portion of their back yard. Goodwin stated he just planted the white pines last fall that he otherwise would not have planted and he would have to move all of those. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 7 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Mattick stated they can erect a 6-foot fence on the property line without a variance, but if they want an 8-foot fence that does not require a variance, they would need to place it ten feet from the property line. Printup stated he would like to hear from the church owners. Tracy McCall, Woods Chapel, stated they are not opposed to the Goodwin’s constructing the fence. McCall indicated they hold weddings Fridays, Saturdays and Sundays and rehearsals on Thursdays. There are no significant activities on the church property Mondays through Wednesdays. McCall stated as far as the sound issues are concerned, she has not been on their properties. McCall stated when she stands on the far side of the property, she can hardly hear the music and that they have had to put a speaker over there. McCall indicated she is not sure whether the sound carries the other way over the pond. Printup asked what her thoughts are regarding the fence. McCall stated they do not have a problem with the 8-foot fence. McCall indicated she did send the property owners an e-mail when the weddings would be held last year and asked them not to cut down the trees if possible during those times. McCall stated she has never told the neighbors they cannot be out in their back yards. The wedding parties are told that there is no off street parking and that they need to park on the church property. McCall indicated they try to be as respectful as they can to all of their neighbors. Levang asked the City Engineer to clarify his statements regarding the topographical information he provided in his report. Struve indicated the elevations by the house are fairly equal to what the top of the fence would be at the 8-foot level. If a person is standing up by the house, the fence will provide little sound or visual barrier. If you are standing down along the fence line, it will provide more of a visual barrier but a minimal sound barrier. Struve stated he looked at it more from the perspective of up by the house. Levang noted the City has not allowed very many 8-foot variances and that in her view an 8-foot fence will not make much of a difference. McMillan stated in her view there are a couple of areas on the western part of the property that do flatten out a little bit and an 8-foot fence would be helpful in those areas. McMillan stated the question then becomes whether the fence should be eight feet at some areas and six feet at others. Bremer stated she also attended the Planning Commission meeting when this application was discussed and that one of the points that was discussed was that this is a pretty unique location. Bremer noted this area is very hidden, and if the church does not have an objection to it, given the benefits it could bring in the short-term until the pine trees mature, she would be supportive of it. Bremer stated she would caution everyone that it is not a cure for everything. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 8 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Bremer stated once you have the visual break and some sound barrier, it is a benefit to anyone down in the area by the church property. Bremer stated there also is an attractiveness element to consider for keeping the height of the fence the same all the way along. McMillan asked if Good Shepherd Church has had any problems with their columbarium. Bremer indicated they have not but noted it is a flat structure. Bremer noted they also do not have outdoor weddings. Levang noted the neighbors of the Good Shepherd Church requested additional screening. Printup moved, Bremer seconded, to approve Application No. 14-3648, Ben Goodwin, 565 Leaf Street and 550 Oxford Road, and to direct Staff to prepare a resolution approving the fence height variance. Levang asked if the yellow is the existing fence along the McCarthy property. Curtis indicated the yellow line is the portion of the fence that will be new and will not require a variance. The pink line on all properties is the area that would require a variance. Curtis pointed out the location of the existing fence on the McCarthy property. Curtis noted there is a brick sculpture wall which this fence will cover and go to the end of that. Curtis stated the two fences do not appear to meet. Levang asked if the applicant is asking to fence in that little jagged area. Curtis stated to her knowledge he is not. McMillan asked if any additional landscaping details should be submitted. Curtis stated if the City Council would like to see additional landscaping detail that should be included in the motion. Mattick pointed out the church cannot approve the landscaping, and if there is anything the City Council specifically would like to see with the fence, those should be included in the motion. McMillan asked whether maintenance would be covered in the resolution. Mattick indicated the property owner who erects the fence would be solely responsible for the maintenance of it. Mattick noted most property owners would likely just go on the other side of the fence and maintain it but that the church could object to that if the fence is located on the property line. McMillan asked if the City has any enforcement mechanism regarding maintenance of fences. Mattick stated to his knowledge the City does not have any specific fence maintenance standards. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 9 of 17   (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) McMillan noted this is a variance request and a more substantial fence. Mattick stated it could be considered a nuisance if the fence falls into disrepair. Levang stated she would like to see the fence be constructed out of natural materials and in a neutral color. Mattick stated the City does have a standard which reads as follows: “The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition.” Levang stated she would like the resolution to include that language and well as require that the fence be neutral or natural colors. Printup moved to amend his motion, Bremer seconded, to approve Application No. 14-3648, Ben Goodwin, 565 Leaf Street and 550 Oxford Road, and to direct Staff to prepare a resolution approving the fence height variance with the requirement that the fence consist of neutral or natural colors. Levang asked if the variance would be in both Mr. Goodwin’s and Mr. McCarthy’s names. Curtis indicated there would be two separate resolutions. Mattick stated the resolution would be filed against each individual property. Levang asked if the variances would hold the church in any way responsible for the fence. Mattick indicated they would not. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 0. 5. #14-3649 DEREK AND KELLY PRCHAL, 4705 WATERTOWN ROAD, VARIANCE – RESOLUTION NO. 6370 Curtis noted the applicant appeared before the City Council at its February 24 meeting with his request to construct a new 2,200 square foot garage on their property between the home and Watertown Road. A setback variance is required as the proposal is not an in-kind rebuild of the existing oversized barn. The size of the oversized accessory structure proposed conforms to the maximum size building allowed for the applicant’s property size. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 10 of 17   (5. #14-3649 DEREK AND KELLY PRCHAL, 4705 WATERTOWN ROAD, VARIANCE – RESOLUTION NO. 6370, Continued) The Council tabled the request due to some concern about the proposed increase to the setback non- conformity. The applicant agreed to make changes and bring back a modified plan to address the Council’s concerns regarding the size, visibility and proximity to Watertown Road. The applicant has provided a revised survey reflecting the garage location ten feet to the west and ten feet to the south as was suggested. The updated survey includes the location of the garage access drive for clarification. A computer generated landscape perspective was also provided by the applicant to illustrate proposed screening to minimize any visual impact from Watertown Road. Curtis noted several of the applicant’s neighbors have provided comments. At its February meeting, the Planning Commission voted 5 to 0 to recommend approval of the setback variance allowing the oversized garage. Curtis indicated Staff has prepared an approval resolution. The City Council has the option to deny or approve the resolution or direct Staff to make changes to the resolution. McMillan asked if Staff has an overhead depicting what was proposed originally. Curtis pointed out the location of the previous proposal and the new proposed location. Levang asked what the height of the structure will be. Curtis indicated the side walls will be 12 feet and the side walls on the current structure are nine feet. Levang asked if there were always two overhead doors proposed. Curtis stated there were. The revised survey also depicts the revised driveway and the trees. Levang asked if there will be a new access road to the new east facing door. Curtis indicated there will not be. Kelly Prchal indicated they would be happy to answer any questions. McMillan asked if both overhead doors will be the same height. Derek Prchal stated the door facing the east would only be eight feet in height and the door facing the south would be ten feet high. McMillan stated she noticed the existing barn has a couple of windows on the north side and that they might want to consider adding a couple of windows. McMillan stated in her view the barn is nice looking. Kelly Prchal indicated they are proposing a pole barn that will resemble the house. One of the accommodations they made with the new location was to move the garage door from the center of the building to the left side and then added windows to help balance it out for aesthetics. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 11 of 17   (5. #14-3649 DEREK AND KELLY PRCHAL, 4705 WATERTOWN ROAD, VARIANCE – RESOLUTION NO. 6370, Continued) McMillan asked if there would be windows on the north side. Derek Prchal indicated the windows would be double paned, vinyl hung windows and would have shutters on them. McMillan commented the building may appear to be more commercial from the road. Kelly Prchal indicated with the landscaping they are planning to do, a person would not be able to see it from the road. McMillan stated the windows would help provide some natural light into the building, but noted the applicants will be losing some of their vista from the house given the proposed landscaping. Kelly Prchal stated they are willing to put a window up higher to help with the natural lighting. McMillan noted Item E in the resolution is regarding preserving the pine trees. McMillan commented the City Council generally tries to save trees but that sometimes they die as a result of construction. McMillan stated she understands the applicants would like to preserve the trees but that she does not see that as a practical difficulty. Kelly Prchal asked if that should be stricken from the resolution. McMillan stated she would like to see that removed from the resolution since the City Council is not requesting the trees be preserved. Levang asked if they are talking about moving the structure south if the trees are removed. Bremer stated Mayor McMillan is merely saying Item E should be removed from the resolution but that the City Council does not want to see the trees removed if they do not have to be. Printup moved, Bremer seconded, to approve to adopt RESOLUTION NO. 6370, a Resolution Approving Application No. 14-3649, Derek and Kelly Prchal, 4705 Watertown Road, and to direct Staff to prepare a new resolution approving the setback variance to allow an oversized accessory structure with the elimination of Paragraph E and incorporating language that the City Council is recommending a window with shutters be added on the north side of the building at the option of the applicants. Levang asked whether Paragraph F is necessary. Curtis indicated it is not absolutely necessary but it is one of the findings. Levang noted there is also an overhead door on the east side. Mattick stated that paragraph is more explanatory in nature about the project and does not need to be included in the resolution. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 12 of 17   (5. #14-3649 DEREK AND KELLY PRCHAL, 4705 WATERTOWN ROAD, VARIANCE – RESOLUTION NO. 6370, Continued) Bremer indicated she does not mind if it is removed. Printup moved, Bremer seconded, to amend the motion to approve to adopt RESOLUTION NO. 6370, a Resolution Approving Application No. 14-3649, Derek and Kelly Prchal, 4705 Watertown Road, and to direct Staff to prepare a new resolution approving the setback variance to allow an oversized accessory structure with the elimination of Paragraphs E and F and incorporating language that the City Council is recommending a window with shutters be added on the north side of the building at the option of the applicants. Levang noted no commercial activity can be operated out of the structure. Curtis indicated that language is part of the oversized accessory structure ordinance and will be included in the new resolution. Levang stated she wanted to make sure the applicants were aware of that provision. Mattick stated that will be spelled out very specifically in the agreement that will be recorded against the property. Mr. and Mrs. Prchal indicated they are fine with that restriction. VOTE: Ayes 4, Nays 0. *6. #14-3650 JEFFREY DAVIDSON ON BEHALF OF DONALD AND JOANNE DAVIDSON, 568 KEENE AVENUE – VARIANCES – RESOLUTION NO. 6371 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6371, a Resolution Granting Variances from Municipal Zoning Code Section 78-420, Jeffrey Davidson on behalf of Donald and Joanne Davidson, 568 Keene Avenue. VOTE: Ayes 4, Nays 0. *7. #14-3652 ROGER AND NAN HAWKINSON, 570 ORONO ORCHARD ROAD SOUTH, VACATION – RESOLUTION NO. 6372 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6372, a Resolution Vacating a Utility Easement for the Property Located at 570 Orono Orchard Road South. VOTE: Ayes 4, Nays 0. *8. PLANNING COMMISSION RE-APPOINTMENT Bremer moved, Printup seconded, to re-appoint John Thiesse to the Orono Planning Commission effective April 1, 2014. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 13 of 17   PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *9. ORONO PUBLIC GOLF COURSE – ROUGH MOWER REPLACEMENT Bremer moved, Printup seconded, to approve the purchase of the John Deere 1600T in the amount of $35,000 from Ag Power Enterprises. VOTE: Ayes 4, Nays 0. 9A. CITY HALL AND POLICE DEPARTMENT FIRE SUPPRESSION SYSTEM UPGRADE Struve stated at the end of 2012, the Public Works Department went out for bids on the fire suppression system. Struve stated the fire suppression system has experienced leaks from time to time which have required repairs periodically. Struve stated the proposal tonight is not to expand the system but would merely replace the main feeder lines since those are where the repairs have been made. Struve noted he was unable to go out for bids in a timely fashion and present it to the City Council in the normal fashion because over the weekend there were a couple of failures. Struve indicated they have had a person attempting to find the leak all day today but that they were unable to find it. Struve stated rather than having that person come out again tomorrow to search for the specific leak, he was able to temporarily get the system back on line. Struve indicated he is in the process of obtaining an updated quote from the company and that he is asking for authorization to move ahead and replace portions of the existing system rather than spend money attempting to make repairs. Struve stated the company that provided the previous quote did the original installation and has maintained it since it has been in place, which is the reason why they were chosen. Printup asked whether any damage occurred. Struve indicated there was some minor damage that occurred approximately two weeks ago with staining on some of the ceiling tiles. Struve stated to date there has been no major damage and that he would like to avoid that by replacing portions of the system. McMillan asked if the feeder lines have lasted a normal period of time. Struve indicated normally the life cycle of the pipes is approximately 20 years and that this system is 25 years old. Struve stated the contractor has found that the smaller feeder lines are in good shape but that the main feeder lines should be replaced, which is where all the previous problems have occurred. Levang asked if they expect to run into any unexpected issues. Struve stated from what he has been told, they should be able to reconnect everything without running into too many issues. Levang moved, Printup seconded, to authorize the sprinkler system main replacement by Viking Automatic Sprinkler Company in an amount not to exceed $25,000. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 14 of 17   (PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, Continued) Struve reported the City has experienced a couple of frozen service lines located under the street. The Public Works Department was able to obtain some equipment from the City of Crystal to help thaw the ground out but those efforts were not successful after two days of trying. Struve indicated temporary lines have been run to the neighboring properties and the Public Works Department has instructed the two homeowners affected by the freeze to run their water continually about the size of a pencil to ensure that water is moving through the hose and does not freeze up. Struve stated Staff will be adjusting those two property owners’ water bills accordingly. Levang asked if that is a unique problem and why it occurred. Struve stated the unusually cold winter has driven the frost down further than normal and that the frost typically does not go quite as deep if it is covered by snow. Struve indicated one of the homeowners was on vacation for a week and the water froze in their line. Struve stated he does not expect to see this occur very often but that other communities have been dealing with hundreds of cases similar to this due to the very cold weather. MAYOR/COUNCIL REPORT Levang reported last week the Communication Committee met and everyone should have received the City’s latest newsletter. Levang noted an e-version of the newsletter is also available and instructions on how to sign up for that are included on the last page of the newsletter. Levang noted she has mentioned in the past that the committee was looking at increasing it to three newsletters, which will happen this year. The committee has also been working on creating a new look to the newsletter and utilizing a different vendor. Levang noted included in the City Council packet was the information on the Granicus figures. Levang stated the new service is being utilized by the residents, with some residents watching the meetings live and a steady number of people who are viewing the meetings later. Levang noted 92 percent of the residents are watching the meetings on desktop and eight percent on mobile devices. Levang stated in her view these kind of statistics are a good indication that the route the City has taken is working. Levang noted she also attended the first meeting of the Park Commission. The first order of business is to review the City’s existing parks and beaches and will be making some recommendations. The focus in the beginning will be on maintenance. Bremer asked where the City is in the process of getting additional applicants on the Park Commission. Gaffron indicated the openings are published on the City’s website and last week information was sent out to the local newspapers announcing the openings. Gaffron stated the City likely will hear within the next two weeks from any interested parties. McMillan noted she attended the Relationship Abuse Forum that was held last week. McMillan stated there were a number of very good presentations but unfortunately the forum was not well attended. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 15 of 17   (MAYOR/COUNCIL REPORT, Continued) McMillan stated it is her understanding Carol Arthur is going to continue to work on developing presentations for the Westonka School District on how to develop healthy relationships. McMillan stated the presentations and the forums are good assets for the community and have the backing of law enforcement. McMillan noted Dick Gray with the Freshwater Institute has recently passed away at the age of 95. McMillan stated Gray was very instrumental in identifying the problems with Lake Minnetonka and constructing the building utilized by the Freshwater Institute. CITY ADMINISTRATOR’S REPORT 10. ALTERNATIVE PUBLICATION OPTION FOR CITIES – RESOLUTION NO. 6373 Loftus indicated the League of Minnesota Cities and Metro Cities is supporting a change in the law allowing cities to determine whether web publication should replace or supplement newspaper publication of public notices. Loftus noted an information sheet on the alternative publication option was included in the City Council’s packet. Loftus stated given the present technology/digital age, residents are expecting information quickly and electronic communication tools help meet that demand. Loftus stated in her view the residents look to the City’s website for information and this change would help provide instant, updated and timely information. Loftus stated the official City paper at this time is the Pioneer and that the City spends approximately $4,300 a year publishing notices and other city-related items. Staff is recommending the City Council support this legislation by adopting the resolution. Should this legislation be adopted and the City elects to opt out of publishing notices in the newsletter, Loftus indicated the City would make some changes to the City’s website to ensure that the notices are very noticeable. Printup stated if the City does elect to change their notification process once the legislation is adopted, he would recommend that the City provide ample notice of the change to the residents. Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6373, a Resolution Supporting Legislation Allowing Cities to Designate Their City Website to Publish Public Notices. VOTE: Ayes 4, Nays 0. Loftus noted she has met with the City’s Finance Director and the investment committee. Loftus stated the committee had a number of very good suggestions, which will likely come before the City Council in the form of an amendment to the City’s investment policy. Loftus noted the City has recently received a certificate for excellence in financial reporting for the year 2012. Loftus indicated she is very appreciative of the City’s Finance Department and the work that they do. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 16 of 17   (10. ALTERNATIVE PUBLICATION OPTION FOR CITIES – RESOLUTION NO. 6373, Continued) Loftus noted she will be representing the City of Orono at the AIS symposiums being held on March 18 and 19. Loftus stated the City Council Members should have received the registration form if they are interested in attending. McMillan noted she would be attending the symposium on March 18. *11. 2013 GENERAL FUND BUDGET AMENDMENTS Bremer moved, Printup seconded, to approve the 2013 General Fund Budget Amendments as outlined in the March 10, 2014, Staff Memorandum. VOTE: Ayes 4, Nays 0. *12. GOLF COURSE DONATIONS – RESOLUTION NO. 6374 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6374, a Resolution to Accept Golf Course Donations. VOTE: Ayes 4, Nays 0. *13. CONTRACT WITH METRO WEST FOR BUILDING INSPECTION SERVICES Bremer moved, Printup seconded, to approve the contract with Metro West for building inspection services and to authorize Mayor McMillan to sign the contract on behalf of the City of Orono. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT City Attorney Mattick stated he had nothing to report. *14. LICENSES AND PERMITS Residential Kennel Licenses 1. Jane Kline and Steve Bell 4455 West Branch Road 2. Jon and Bianca Chance 248 Cygnet Place 3. Britt and Richard Gage 2180 Abingdon Way 4. Scott and Jamie Honour 1725 Bohns Point road MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 17 of 17   (*14. LICENSES AND PERMITS, Continued) 5. Kathie and Steve Johnson 2335 Shadowood Drive 6. Shannon McElree 4455 Bayside Road 7. Lisa Mernik 1840 Lakeview Terrace 8. Frank and Melissa Plachecki 3685 North Shore Drive 9. David and LuAnn Runkle 2684 Casco Point Road 10. Penny Saiki 2874 Casco Point Road Bremer moved, Printup seconded, to approve the above listed residential kennel licenses. VOTE: Ayes 4, Nays 0. *15. CLAIMS/BILLS Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, Printup seconded, to adjourn the Orono City Council meeting at 8:24 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ ______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor