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HomeMy WebLinkAbout07-14-2008 Council Packet Agenda for Council Meeting Set for Monday, July 14, 2008, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Consent Agenda 1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of June 23, 2008 Presentation 3. Community Mediation Services, JoAnne Lewellen – Proclamation LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Loren Schoenzeit, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report 4. #08-3351 Barry Tanner on behalf of Brook Investment, B-1 Zoning District – Zoning Code Amendment – Review Ordinance * 5. #08-3355 Tim Hauser on behalf of Clement Kroll, 60 Stubbs Bay Road South – Preliminary Plat – Resolution * 6. #08-3365 WJM Properties, 2605 Wayzata Boulevard West – Site Plan Approval Renewal – Resolution * 7. #08-3366 Jessica Brown/Phil Lusardi, 45 Myrtlewood Road – Variance – Resolution 8. #08-3368 City of Orono, Navarre – Rezoning – Ordinance 9. #08-3369 Luci Chorley, 1860 and 1880 Fox Street – Final Plat – Resolution 10. City of Orono Code Amendment – Revision of Chapter 86, relating to Building Permit Surveys – Ordinance Mayor/Council Report City Engineer’s Report Agenda for Council Meeting Set for Monday, July 14, 2008, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us City Administrator's Report 11. Disposal of Unclaimed Property 12. Liquidation of Forfeited Vehicles 13. Disposal of Police Department Squad Cars 14. Disposal of Radar Units 15. National Night Out 2008 16. Accept Donation 17. Request Authorization to Implement Safe & Sober Program 18. Fox Street Sewer Extension City Attorney's Report 19. Licenses & Permits Special Events * 20. Bills Upcoming Issues and Events 2008 07/15 – Council Work Session, Tuesday, 6:15 p.m. 07/15 – Environmental Summer Series-Class #3, Tuesday, 6:30 p.m. at Gray Freshwater Center 07/17 – Casco Point Street and Utility Reconstruction Meeting, Thursday, 7:00 p.m. 07/21 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Cynthia Bremer) 07/28 – Council Meeting, Monday, 7:00 p.m. 07/29 – Council Work Session, Tuesday, 6:15 p.m. 08/06 – Planning Commission Work Session, Wednesday, 5:30 p.m. 08/11 – Council Meeting, Monday, 7:00 p.m. 08/12 – Council Work Session, Tuesday, 6:15 p.m. 08/12 – Environmental Summer Series-Class #4, Tuesday, 6:30 p.m. at Gray Freshwater Center 08/18 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Cynthia Bremer) 08/25 – Council Meeting, Monday, 7:00 p.m. 08/26 – Council Work Session, Tuesday, 6:15 p.m. 08/26 – Candidate Filing Opens for November 4 General Election, Tuesday MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ ROLL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members James Murphy, Lili McMillan, Cynthia Bremer, and David Rahn. Representing Staff were Interim City Administrator Jay Kiedrowski, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 10, 11, and 12 were added to the Consent Agenda. Item No. 5 was removed from the Consent Agenda. Bremer moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JUNE 9, 2008 Bremer moved, McMillan seconded, to approve the minutes of the June 9, 2008, Orono City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. OATH OF OFFICE – POLICE OFFICERS Mayor White administered the oath of office to Matt Siltala, Erick Dyer, and Maureen Riverdahl. PLANNING COMMISSION COMMENTS – JAYE ANNE BENNETT, REPRESENTATIVE Bennett stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Tim Litfin, Minnetonka Community Education Director, noted the City of Minnetonka is holding its Tour de Minnetonka on Saturday, August 2nd. Litfin thanked the Orono City Council for their willingness to allow a portion of the tour to go through the Orono community. PAGE 1 of 6 Item #02 - CC Agenda - 07/14/08 Approval of Council Minutes 06/23/08 [Page 1 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ ZONING ADMINISTRATOR’S REPORT *4. #08-3347 BRENT TEELE, 577 PARK LANE – REVISE PREVIOUS APPROVAL FOR STAIRS – RESOLUTION NO. 5752 Bremer moved, McMillan seconded, to adopt approve Application #08-3347, Brent Teele, 577 Park Lane, revision to previous approval for stairs. VOTE: Ayes 5, Nays 0. 5. #08-3355 TIM HAUSER ON BEHALF OF CLEMENT KROLL, 60 STUBBS BAY ROAD SOUTH – PRELIMINARY PLAT Bremer moved, McMillan seconded, to table Application #08-3355, Tim Hauser on behalf of Clement Kroll, 60 Stubbs Bay Road South, Preliminary Plat. VOTE: Ayes 5, Nays 0. 6. #08-3357 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD – VARIANCES, RESOLUTION NO. 5754 Alonzo and Renee Seran, Applicants, were present. Turner stated the applicants are requesting approval of a revision to the previously approved structural coverage variance to allow the existing garage/shed to be replaced by an attached garage/entry of the same size, a revision to the previously approved hardcover variance to have 49.1 percent hardcover in the 75 to 250 foot zone when 49.3 percent was allowed by the previous variance and the normal maximum is 25 percent, and a side setback variance to place the garage nine feet from the northwesterly property line when a 10-foot setback is required. Turner illustrated on the overhead the proposed layout for the garage/entry and the proposed addition. The existing house is considered three stories at certain points due to the grade around the residence. Staff discussed the recommendation of the Planning Commission at their work session to make sure it was understood that the new garage was going to be higher than the existing garage. The applicants are unable to lower the garage to the point where the basement would not be considered a story because it would make for a steep driveway. The garage is also required to be located above street grade to avoid drainage problems. The Planning Commission recommends approval of the variance to allow three stories based on the topography of the lot, the need for the garage floor to be above street grade to avoid drainage problems, the mass being the same with or without the basement under the garage, the addition being only two stories as viewed from Highwood Road, and the addition not being adjacent to the lake. In addition, the Planning Commission further recommended approval of the hardcover, structural coverage, and setback variances subject to, one, the hardcover being reduced by narrowing the width of the driveway to 18 feet; and two, revising the grading plan to the satisfaction of the City Engineer before Council action. The applicants have complied with both conditions. McMillan noted the Resolution under Item 4e states that the addition is not adjacent to the lake and asked what the meaning is for that statement in the resolution. PAGE 2 of 6 Item #02 - CC Agenda - 07/14/08 Approval of Council Minutes 06/23/08 [Page 2 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (6. #08-3357 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD, Continued) Turner stated the addition is on the street side of the house and not the lake side. White recommended the resolution be amended to reflect that the addition is located on the street side of the house rather than the current language. Bremer stated that language is intended to show that there is less of an impact on the lake. Turner stated Staff would amend the resolution accordingly. McMillan stated the rationale for the change in the language is to add further clarification that this project does not have as much impact on the lake as some other projects would due to the fact that the project is located on the street side of the house rather than on the lake side of the residence. Rahn commented in his opinion, as it relates to the height, it would have been beneficial to have some photographs of the house to depict the elevations and that he would have liked to have an architectural rendering of the elevations rather than a generic CAD drawing. Rahn expressed a concern regarding the drainage on this site given the location of the existing well. Mr. Seran stated it is likely the well will be moved. Rahn stated that fact would have been helpful to know in advance. Murphy asked whether the City Engineer has visited this site. Kellogg stated he has visited the site and that the drainage should work as proposed. Rahn reiterated that he would like to see more professional renderings in the future on applications. McMillan asked if there is drain tile on this property. Kellogg stated there is drain tile and that the applicant has been encouraged to work with the neighbor to center the swale on the property line. Mr. Seran indicated he has resided at this property for the past 14 years and that they have made improvements over the years to help with the drainage in addition to the steps the neighbors have taken. Mr. Seran stated in his view the drainage would be improved following completion of their project. Mr. Seran noted they did relocate the stairs out from under the eaves as recommended by the Planning Commission. McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5754, a Resolution Granting Variances to Municipal Zoning Code Sections 78-330, 78-1288, and 1404, and Revising Resolution No. 3537, for the property located at 4099 Highwood Road. VOTE: Ayes 5, Nays 0. PAGE 3 of 6 Item #02 - CC Agenda - 07/14/08 Approval of Council Minutes 06/23/08 [Page 3 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ *7. #08-3360 BOB RITTER WITH BERKSHIRE PARTNERS, LLP, 2745 KELLEY PARKWAY – GENERAL CONCEPT PLAN APPROVAL – RESOLUTION NO. 5755 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5755, a Resolution Granting General Concept Plan Approval for Planned Unit Development No. 3B, Orono Professional Center II. VOTE: Ayes 5, Nays 0. *8. #08-3362 VERIZON, 2345 BLAINE AVENUE – CONDITIONAL USE PERMIT – RESOLUTION NO. 5756 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5756, a Resolution Granting a Conditional Use Permit and Granting a Variance to Municipal Zoning Code Section 78-1404, for the property located at 2345 Blaine Avenue. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy stated while he was in Grand Island, Nebraska, he watched the local city council proceedings down there and that the setup for the council chambers was that each of the council members had their own separate screens and that their votes were all registered electronically. Murphy stated the unfortunate part of the meeting was that the council members had very little eye contact with the audience. CITY ENGINEER’S REPORT City Engineer Kellogg had nothing to report. CITY ADMINISTRATOR’S REPORT 9. POLICE OFFICER CONTRACT FOR 2008-2009 Kiedrowski noted the City entered into new discussions with the police officers in late May and that the parties were able to agree on a number of items. The items in dispute were wages and health insurance costs. The police officers stated they are underpaid in relation to similar communities. As it relates to health insurance costs, the police officers believed that the costs are rising too rapidly, with the City indicating they have little control over what is happening in the health insurance market. Kiedrowski reported they were able to reach an agreement with the police officers on the wages by agreeing to a three percent increase on January 1, 2008 and a three percent increase on January 1, 2009, as well as a market adjustment of .5% on July 1, 2008 and July 1, 2009. The police officers had requested that they be allowed to discuss the health insurance issue further with the new city administrator. Kiedrowski noted the police officers have approved the proposal and that in his opinion the agreement is a fair one. Murphy complimented interim City Administrator Kiedrowski for handling the negotiations. Murphy noted he is on the joint fire commission and that periodically the commission compares the wages and PAGE 4 of 6 Item #02 - CC Agenda - 07/14/08 Approval of Council Minutes 06/23/08 [Page 4 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (9. POLICE OFFICER CONTRACT FOR 2008-2009, Continued) benefits of other fire departments to the Long Lake Fire Department and that it is very difficult to compare the items apples to apples. White commended City Staff for doing a fine job of handling city business since the resignation of former city administrator Ron Moorse. Bremer moved, McMillan seconded, to approve the 2008/2009 police officer labor agreement between the city of Orono and Law Enforcement Labor Services, Inc., Local No. 40, Patrolmen. VOTE: Ayes 5, Nays 0. *10. PAY ADJUSTMENT – CHIEF FARNIOK Bremer moved, McMillan seconded, to approve an increase to Level 9, Step IV, for Chief Correy Farniok effective June 12, 2008. VOTE: Ayes 5, Nays 0. *11. JOINT POWERS AGREEMENT FOR REPUBLICAN NATIONAL CONVENTION Bremer moved, McMillan seconded, to approve the agreement for the Orono Police Officers to assist St. Paul Police Department with security and other law enforcement duties as needed for the 2008 Republican National Convention from September 1 through September 4, 2008, and authorize signatures on page 16 of the Joint Powers Agreement allowing Orono Police to assist St. Paul Police Department with the 2008 Republican National Convention. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT None *12. LICENSES & PERMITS GARBAGE HAULER 1. Waste Management of MN 490 Industrial Boulevard Winsted, MN 55395 SPECIAL EVENT 1. Applicant: Minnetonka Community Education/Tim Litfin Event: Tour de Tonka (bike touring event) Location: Lake Minnetonka Area Date: Saturday, August 2, 2008 Time: 7:30 a.m. – 1:30 p.m. Bremer moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. PAGE 5 of 6 Item #02 - CC Agenda - 07/14/08 Approval of Council Minutes 06/23/08 [Page 5 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ ADJOURNMENT Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting at 7:40 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ___________________________________ _____________________________________ Linda S. Vee, City Clerk James M. 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