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Home My WebLink About02-12-2007 Council Packet PUBLIC ATTENDANCE MEETING DATE a -� a �^7 �Cour�� ❑ PLANNING COMMISSION PLEASEFILLOUTTHEINFORMAT[OIYREQUESTED BELOW FOR OUR C1TY RECORDS. ❑ PARK COMNIISSION ❑ OTHER � PRESENT FOR(frotn agenda) NAME (please print) ADDRESS NAME OR NUMBER ► 1. ��Q� SC�O�ev��--�+l~ 4ti�N ��` �~'.�- L"..�'� �'S 2. -� f��1�C i�'� �r�M�i ��- ��`�O .��3 y �� ( � �c�n� c�l�t. �z v� �� 3. Cl/�i7P�,t� lL /.�� f-/�DlelKsd.t� si lea Q� 4. �tJSkR� c>/�/�GCJ�Gt�� ,�1jd S lp� �i• Svi�y/Od /�'`PLS `�' U 5. 6. 7. 8. 9. 10. 11. 12 �� . 14. 1�. U��`,A<6uini.tr.itirc juppurf�.(I�onn.)\Pu61ic:\trend�ncc.��id MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ ROLL CALL The Council met on the above-mentioned date with the following members present: Mayor Jim White, Council Members Jim Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE/AMEND Item Nos. 8 through 14 and Item No. 16 were added to the Consent Agenda. Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. Discussion of Item 16, Special Event License, follows Item No. 5. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JANUARY 8, 2007 Murphy moved, McMillan seconded, to approve the minutes of the Orono City Council meeting of January 8, 2007, as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – RALPH KEMPF Kempf stated he had nothing to report and would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT *3. #06-3245 SHARRATT/MANEY FOR LAURENCE AND ARDELL JONES, 3605 NORTH SHORE DRIVE – VARIANCE – RESOLUTION NO. 5570 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5570, a Resolution granting variances to the property located at 3605 North Shore Drive. VOTE: Ayes 4, Nays 0. *4. #07-3256 MATTHEW AND KATHY DOLLIFF, 2680 PHEASANT ROAD – VARIANCE – RESOLUTION NO. 5571 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5571, a Resolution approving a hardcover variance for the property located at 2680 Pheasant Road. VOTE: Ayes 4, Nays 0. ______________________________________________________________________________ PAGE 1 of 13 Item #02 - CC Agenda 02-12-07 [Page 1 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ 5. #07-3257 BPS PROPERTIES, 95 LEAF STREET – SUBDIVISION: SKETCH PLAN NEW LOTS George Stickney, BPS Properties, was present. Curtis stated the applicant is requesting a sketch plan review for a 39-acre parcel proposed to be divided into 15 single-family residential lots, a private road and a 5.44 total acre park outlot. The lots would be served by a new private road with a cul-de-sac extending westerly from Leaf Street and all lots would be served by private septic systems and wells. At the January Planning Commission meeting the following points were raised: 1. How to address preservation of open space along Luce Line. 2. Who would have enforcement powers for tree removals, etc., within the conservation areas. 3. Covenants for conservation. 4. No build zones for homes and outbuildings in order to preserve views from off of the property and from neighbors. 5. Should the cul-de-sac provide a “future” connection through to the property to the west or to Watertown Road. 6. PRD – benefits to the City. 7. Fire safety and length of the cul-de-sac. Staff recommends the following issues be discussed: 1. This property is outside the MUSA, and while the applicant discussed the possibility of sewer with Staff, it was Staff’s conclusion that a MUSA amendment to allow this to develop at rural densities with sewer would likely be rejected by the Metropolitan Council, which expects all new sewered development to meet a three-units per acre standard. 2. Because developing new lots with area less than two acres can only be done via the PRD process, this proposal must be a PRD per Zoning Code Section 78-601 through 78-609. From Staff’s perspective, there must be significant value to the City to allow the PRD process for any given proposal, particularly in rural areas where sewer is not available. 3. The Rural Oasis Study and Conservation Design Master Planning process has been formulated to help determine on a case-by-case basis what values should be preserved. The purpose of the Conservation Design is summarized in the draft Conservation Design ordinance that is pending. Curtis stated no formal action is required by the City Council on this sketch plan. Stickney addressed the Council regarding his proposal, noting that all lots did meet the two-acre minimum required for this district until the conservation areas were incorporated. Stickney stated overall the site provides some nice buffer areas to the adjoining properties but pointed out the Gronberg property would have the least amount of buffer between it and the development. Stickney stated one of their objectives is to enhance the natural vegetation and wildlife in the area through covenants and conservation areas. Stickney displayed the preliminary sketch for this development that depicted the various lots, the conservation areas and buffer zones that exist. Stickney pointed out the various areas they are proposing would be enhanced with additional plantings. Stickney stated there would be a no building area designated for Lots 5 and 6, which would be governed by covenants. Stickney stated they would like to construct a woodchip trail down to the Luce Line, with trees and other plantings being planned for that ______________________________________________________________________________ PAGE 2 of 13 Item #02 - CC Agenda 02-12-07 [Page 2 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #07-3257 BPS PROPERTIES, 95 LEAF STREET, Continued) area. Stickney stated they are planning for a net increase of approximately 100 trees once they are done with the development. Stickney stated under the revised plan the smallest lot would consist of 1.66 acres, the largest lot would consist of 2.89 acres, and the average size of the lots in the development would be 2.10 acres dry buildable. Stickney stated the average street frontage setback is 210 feet. The conservation area is approximately 7.37 acres, which would be restricted with no cut zones and no build zones. Numerous test sites have been conducted on the development, which have demonstrated that each lot should be able to have its own septic and well. Stickney stated the length of the roadway would be 1365 feet. Stickney noted that there are other roads within the City that are longer in length than what is being proposed for this area. White inquired whether the road would be adequate for fire protection. Kellogg indicated he would defer to the fire marshal on the width of the roadway but that he does not see anything problematic based on what has been done in the past. Kellogg stated based on the two stormwater ponds, there would probably be a need for curb and gutter. White noted Staff feels there should be a through connection to Watertown Road. Gaffron stated the advantage of providing for the connection would be for future development and would eliminate the need for the City to purchase property in the future. Gaffron noted the City currently does have a considerable number of streets similar to this roadway. Gaffron stated the standard road width would be 28 feet. McMillan inquired whether there is development to the east that is anticipated. Gaffron stated that it was the intent to provide a corridor connection to the east in the event this area would become developed further. McMillan commented it appears the parcel north of the Luce Line could become partially landlocked with this development. Stickney stated High Lane would have sufficient frontage to provide that connection. Gaffron stated if the cul-de-sac at the north end abuts enough of that property, it could possibly be teed into. Stickney stated that is one option and that another option would be to create one more lot and angling it slightly along the frontage. Murphy commented there are a lot of attractive elements to this development and that he appreciates the efforts of the developer to try to preserve as many of the trees as possible. Murphy inquired how the developer feels about doing the conservation areas and whether 15 lots are necessary for this development. Murphy noted that there are five lots that are less than the two-acre requirement. ______________________________________________________________________________ PAGE 3 of 13 Item #02 - CC Agenda 02-12-07 [Page 3 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #07-3257 BPS PROPERTIES, 95 LEAF STREET, Continued) Stickney stated he could extend the lots up towards Watertown Road, which would result in all the lots meeting the two-acre minimum, but he would prefer to leave the buffer areas more intact and have some smaller lots interspersed with the larger lots. Murphy inquired whether the developer could better achieve his goals of preserving the buffer areas by reducing the number of lots to 12. Stickney stated reducing the lots down to 12 would result in the price of the lots going up and that 15 lots would create a nice neighborhood. Stickney stated he did start with 16 lots and reduced it to 15. Murphy stated the idea behind the conservation design standards was to help preserve the natural topography and that he would suggest the developer consider reducing the number of lots. Stickney stated on some of the lots there would be covenants restricting the number of trees that can be removed and that there would also be a requirement that the removed trees be replaced two to one with six-inch trees. McMillan noted the creek through this site flows into Stubbs Bay and that any improvements that can be done along that creek are important. McMillan stated she is not comfortable with going under the two- acre minimum since these lots would have private septic and that it might also be difficult to meet some of the setbacks. McMillan stated she would also like to see the lots meet the 200-foot lot width requirement. Bremer stated she is in agreement with the comments of the other council members and that Lot 3 is a good example of something that is shoe-horned in and perhaps could be reconfigured. Bremer stated she is not as concerned that the lots meet the two-acre minimum but that she would like to see the houses staggered more along the road. Bremer stated in her view there is a way to reconfigure the lots to meet the two-acre minimum and that it might be necessary to reduce the number of lots. White commented he also would like to see the number of lots reduced and meet the two-acre minimum. Murphy stated it appears that the Council would like to see the lots meet the two-acre minimum, a reduction in the number of lots, and an attempt to meet the 200-foot lot width minimum. Murphy thanked the developer for taking steps to try to preserve the natural area as much as possible. Moorse recommended the applicant verify that there is ample room for the septic sites on all the lots. The City Council took no formal action on this item. 16. LICENSES Murphy moved, McMillan seconded, to reconsider Item No. 16, Special Event License. VOTE: Ayes 4, Nays 0. ______________________________________________________________________________ PAGE 4 of 13 Item #02 - CC Agenda 02-12-07 [Page 4 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (16. LICENSES, Continued) Special Event 2. Applicant: Minnetonka Custom Homes, Inc. Event: 2007 Spring Parade of Homes Location: 3565 Frederick Street Date: February 10 – March 18, 2007 Time: Noon – 6:00 p.m., Thursdays – Sundays Janet Malik, 2469 Carmen Street, addressed the City Council regarding the concerns she has with the conduct of Minnetonka Custom Homes during the construction of the home located at 3565 Frederick Street. Malik stated construction vehicles have repeatedly driven over their lawn, tearing up the grass and topsoil and running over items on their yard. When they attempted to mark the edges of their property, construction crew members pulled out the stakes and tossed them back into their yard and then continued to drive on both the stakes and the lawn. Malik indicated they did attempt to speak with a representative from the builder and were only given vague assurances that they would be reimbursed for the damages. Malik stated they are disappointed in the attitude of the builder and that they were told the builder really has no control over the people constructing the house. Malik expressed concern that further damage would be done to their property given the increased traffic associated with the Parade of Homes and the lack of respect that has been shown by the builder to date. White inquired whether the City was contacted regarding any of these complaints. Malik stated they did contact the housing inspector after one of the big trucks drove on their lawn and notified him of the damage to the street and to the lawn. Malik indicated the impression she got was that the inspector did go out and inspect the area. Following that complaint, there was an improvement in where the trucks parked but that it has since crept back to the level it was in the beginning. Malik stated the general impression she has gotten from the builder is that they have to put up with it. Murphy noted that people would not be able to park on the road during the Parade of Homes and that they would be shuttled to the house. Malik stated that would help but that she does not have much confidence in the builder’s respect and attitude for the neighbors. White inquired whether the Maliks have an estimate of the damages. Malik stated they have decided to wait until the construction is almost complete in the event further damage occurs. Malik indicated they also have experienced a problem with the other neighbor backing up into their yard due to a very narrow driveway that they were required to construct. Malik stated they would like to work with the City to deal with that issue as well. Murphy stated in his opinion the license application should be denied and that a discussion should be scheduled with the builder to discuss these issues. White stated he would second that. ______________________________________________________________________________ PAGE 5 of 13 Item #02 - CC Agenda 02-12-07 [Page 5 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (16. LICENSES, Continued) McMillan inquired whether the license application should be tabled rather than denied. Bremer stated she would concur that it should be tabled rather than denied. Murphy stated he would be in favor of tabling it. Moorse noted the date of the event is prior to the next council meeting. Moorse stated one option would be to approve the license application with conditions. Bremer stated she has routinely walked by this residence and that she has noticed that the construction trucks seem to stay rather late. Bremer stated she would be in favor of some type of conditional approval. McMillan encouraged the Maliks to contact the police if a problem should arise during the Parade of Homes. Bremer commented this type of license application should come before the Council earlier in the process. McMillan recommended some type of time deadline be considered. Attorney Brokl stated the City Council does have the right to require an escrow to cover any damages that might occur to either city property or neighboring properties as a result of the license being issued. Brokl stated granting the certificate of occupancy could also be delayed. Michael Malik expressed concerns that the construction truck could potentially have caused some type of damage to the water shut-off valve and that he has a concern the trucks might run over the shut-off valve again. Janet Malik commented there should be some type of check and balance system in place to ensure that the builders respect the neighboring properties. Bremer requested the builder be provided a copy of the minutes from tonight’s meeting. Bremer stated she has a concern that the builder has not adequately responded to the concerns raised by the Maliks. Murphy recommended the building inspector visit the site once again and speak with the builder. White inquired whether the City has encountered problems in the past with this builder. Gaffron stated this builder has constructed some homes in the past and there have been a few issues. Gaffron inquired whether there is curb and gutter along this street. Janet Malik stated there is not. Malik stated they did erect some markers delineating their property but that some members of the construction crew removed the markers. Murphy withdrew his motion to deny the license application. ______________________________________________________________________________ PAGE 6 of 13 Item #02 - CC Agenda 02-12-07 [Page 6 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (16. LICENSES, Continued) Murphy moved, White seconded, to require a $5000 escrow be filed with the City as part of the license approval; two, request the City inspector make a visit to the residence located at 3565 Frederick Street and discuss the issues raised tonight by the Maliks with the builder; and three, to provide a copy of this portion of the meeting minutes to the builder. VOTE: Ayes 4, Nays 0. 6. #07-3258 BRUCE PADDOCK, 1450-1500 BRACKETTS POINT ROAD – SUBDIVISION: SKETCH PLAN REPLAT George Stickney, Developer, was present. Gaffron stated the applicant is requesting a sketch plan review for development of the southern tip of Bracketts Point. The project includes: 1. Vacation of the southerly 580 feet of Bracketts Point Road; 2. Re-platting of Lots 1 and 3, Block 1, Bracketts Point Road, to create: a. A new private road outlot serving 1450, 1480, and 1500 Bracketts Point Road b. A 2.02 acre lakeshore lot to replace the 1.99 acre non-lakeshore lot at 1450 c. A 2.83 acre lakeshore lot to replace the 3.71 acre lakeshore lot at 1500 d. A new tennis court outlot, potentially to serve as a neighborhood amenity. Gaffron stated the proposal is in conformity with the guiding of this area for single-family dwellings at a density of one unit per two acres. The property is zoned LR-1A single-family lakeshore residential district, requiring 2.0 dry buildable acres per lot, and a 200-foot lot width. The proposed lot line rearrangement is primarily intended to convert the non-lakeshore lot at 1450 Bracketts Point Road into a lakeshore lot. This lot currently does not have lakeshore and is separated from the lake by the 20-foot public road right-of-way and 10-20 feet of land across the right of way that is part of 1500 Bracketts Point Road. The goal is to allow replacement of the former caretaker house at 1450 with a new residence commensurate with the upper-bracket homes on Bracketts Point. While the intended goal is compatible with the character of the neighborhood, configuration of the land presents some challenges in providing appropriate vehicular access, utility services, etc. The road layout is the single most important issue for discussion with this proposal. Currently the 20-foot right-of-way of Bracketts Point Road contains a narrow paved road that serves homes at 1450, 1480, and 1500. It has no cul-de-sac platted or constructed, but both 1480 and 1500 have loop driveways that eliminate the need for backing. While these provide for some level of emergency vehicle access, at the average 14-foot width they do not necessarily provide the 20-foot width that the fire marshal would likely be recommending. In addition, the need to provide a turnaround for public traffic at the end of Bracketts Point Road is an issue. The entire length of the road from county Road 15 to its southerly end abutting 1480/1500 is dedicated to the public. However, the City has historically only maintained it to the northwest corner of 1450 and there has long been a sign at that point that says something about “private road starts here – turn around here.” This has not been a huge public issue and has served the residents fairly well. The new proposed layout would eliminate the portion of 1480’s driveway in the existing 20-foot right-of- way and create a new shared private road abutting the entire west boundary of 1480. This will have ______________________________________________________________________________ PAGE 7 of 13 Item #02 - CC Agenda 02-12-07 [Page 7 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #07-3258 BRUCE PADDOCK, 1450-1500 BRACKETTS POINT ROAD, Continued) obvious impacts on 1480’s access route and may require minor changes where its driveway would enter from the south end of Outlot B. The Planning Commission discussed the historic public versus private use of the portion of the road proposed to be vacated, and the fact that it is a formally dedicated public roadway since 1903, the public has really not had comfortable access to this portion of the road for many years. Because the road does not abut the lake nor provide direct access to the lake and because the road is not a through road but merely provides access to the three end properties, there was some debate as to what are the real public values of the road. There was some discussion about whether the mere ability to drive along the shore and view the lake is a public value that would be lost and whether or how the City might be compensated for that loss. The 20-foot corridor as it exists today was dedicated to the use of the public forever in 1903 in the plat of “Rearrangement of Orono Point.” This 1903 plat formalized or extinguished certain prior road easements and/or street dedications that had been granted with the plat of “Orono Point” in 1888. The 1982 platting of Lots 7 and 8 “Rearrangement of Orono Point” into Lots 1, 2, and 3, Bracketts Point, made use of the dedicated road as platted in 1903 and did not change the status of that public road. Gaffron noted the fire marshal has not yet reviewed the plans. Gaffron indicated the applicant has stated they would be removing substantial driveway hardcover from near the lake, replacing it further from the lake, relocating the sewer lines under the proposed road, and eliminate the existing sewer connection encroachments. The applicant has provided a revised sketch illustrating additional driveway layout options for consideration. Stickney illustrated the proposed lots, outlot, and proposed roadway for Bracketts Point. Stickney noted the current driveway is approximately 12 feet wide. Stickney stated the proposed roadway would be adequate for emergency vehicles and would allow for some landscaping to serve as a buffer to the adjoining properties. Stickney noted he has not shown these plans to the Hendricks. Stickney stated there is a considerable amount of hardcover located near the lake in the 0-75 foot zone that they would be willing to remove as part of this lot line rearrangement and return it to green space. McMillan inquired who would maintain the tennis court on Outlot A. Stickney stated there would be a shared use agreement and maintenance agreement between the three properties. White inquired how wide the roadway is proposed to be. Stickney stated it is 13 feet wide and that they could provide wider sections at different points. McMillan inquired whether that outlot would be considered private or public. Stickney stated the City has not maintained the 20-foot easement from the northwest corner of 1450. ______________________________________________________________________________ PAGE 8 of 13 Item #02 - CC Agenda 02-12-07 [Page 8 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #07-3258 BRUCE PADDOCK, 1450-1500 BRACKETTS POINT ROAD, Continued) Gaffron stated Exhibit 3B(2) shows the easement and that to his knowledge the City does not maintain the easement past the northwest corner of 1450. Gaffron stated it should perhaps be platted as a public road rather than a private outlot. Gaffron inquired whether Stickney is considering the road all the way to the cul-de-sac as private or public. Stickney stated in his view the roadway is an enhancement but that he does not want to make the road 26 feet wide if that is what the City’s standards are for a public roadway. Gaffron stated the City would probably maintain the roadway if it is constructed to city standards but that he would need to speak with the public works department on what width would be necessary to enable them to maintain this roadway. Murphy stated in his opinion the public access stops at the northwest corner. Stickney stated he would prefer the roadway not be made public. White stated in his view the roadway is an enhancement and does allow people to get in and out. White stated he would like to see some type of trade-off if the public access is eliminated. Murphy stated in his view this road is a dead-end and does not lead to anything. Murphy stated it is doubtful there will ever be a public parking spot created in this area that would allow people to sit there and view the lake. McMillan stated the vacating of a public right-of-way deserves serious consideration and requires some justification. McMillan indicated she is only aware of one instance where the City has vacated a public right-of-way, and in that situation it was done for the public good. McMillan stated she sees some trade- off with the removal of the hardcover under the new proposal but that in her view the right-of-way should stay public. Bremer stated she is in agreement with Council Member McMillan and Mayor White but that the Council needs to be reasonable in its requirements and that she does not want to see a 22, 24 or 26 foot road in this area. Bremer stated she would like to hear from the Public Works Department prior to making a decision on the roadway. Bremer stated the removals in the 0-75 foot zone are fabulous and that she likes the relocation of the road, but if the public works department would like to see the roadway at 28 feet wide, she might change her mind about leaving the roadway public. Stickney stated if the right-of-way is widened to 30 feet, they should be able to get two cars to pass. McMillan inquired what the width of the roadway is currently. Stickney indicated the current roadway has been 20 feet for a number of years and has worked just fine. Murphy stated in his view the Council would be de facto in vacating this public road and that the only reason to travel down this road is to look into the bay. Murphy stated he is worried about winding up with a wide public road in this area that essentially no one from the public will utilize and a road that would be out of character with the area. Murphy expressed a concern that a public road in this area would create other issues for the residents in the neighborhood. ______________________________________________________________________________ PAGE 9 of 13 Item #02 - CC Agenda 02-12-07 [Page 9 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #07-3258 BRUCE PADDOCK, 1450-1500 BRACKETTS POINT ROAD, Continued) McMillan stated her initial thought was not to change the roadway but that she is willing to look at other options. McMillan stated the public roadway has existed in this area for a long time and that it should remain public. McMillan commented she would hate to see the current residence removed given the historical nature of the existing residence. Stickney stated they did consider remodeling the residence but that there is a considerable amount of hardcover in the 0-75 foot zone. Stickney stated the house was on the market for a year and a half and that everyone who looked at the house wanted to tear it down and rebuild. Stickney stated they are looking at the option of moving the residence to another site. Bremer stated she would like to hear the comments from the neighbor at 1480. Stickney stated the new house would have to be built further away from the lake under the new proposal and that thousands of feet of hardcover in the 0-75 foot zone would also be removed. Stickney stated they would like to preserve the cabin if possible. Stickney stated in his opinion he should be able to construct a roadway 16 feet wide that would serve both the public and the private residents in this area. Kellogg commented it is likely the fire marshal would require the road to be a minimum of 20 feet wide. The City Council took no formal action on this item. *7. #07-3261 JAMES AND LINDA MARTINSON, 1330 CHERRY PLACE – VARIANCE – RESOLUTION NO. 5572 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5572, a Resolution granting a lot area variance for the property located at 1330 Cherry Place. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Murphy noted there is a meeting of the Fire Department Commission scheduled for Wednesday, January 24th at 7:30. Murphy noted there are two letters in the Council’s packet regarding Stone Bay drainage and wetland encroachment. Murphy recommended the Council discuss this development at their February work session. The City Council briefly discussed the City’s kennel license requirements. Bremer inquired whether anyone has applied for the vacant council’s position. Moorse stated he does not believe anyone has applied for the position. McMillan stated she has been meeting with a representative from Hennepin County Environmental Services and a representative from the City of Minnetonka on recycling and organics collection. McMillan stated the City currently has three garbage haulers and that Randy’s Sanitation would be able to provide composting and organic collecting. McMillan stated she would need to find out whether the other two haulers offer this service and that they will be meeting individually with the garbage haulers in the near future. McMillan stated they are aiming for May 7th to start this service. ______________________________________________________________________________ PAGE 10 of 13 Item #02 - CC Agenda 02-12-07 [Page 10 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (MAYOR/COUNCIL REPORT, Continued) White suggested some of the complaints that the city receives be pursued civilly rather than as a criminal complaint. White stated that way the City would be able to impose a fine on residents who are in violation of the city’s ordinances. CITY ENGINEER’S REPORT *8. PAY REQUEST NO. 1 AND FINAL, AND CHANGE ORDER NO. 1 FOR THE T.H. 12 SANITARY SEWER PIPE BURSTING PROJECT Murphy moved, McMillan seconded, to approve Request for Payment No. 1 and Final for the T.H. 12 Sanitary Sewer Pipe Bursting Project to Push, Inc. in the amount of $51,392.00, and Change Order No. 1, in the amount of $1,152.00. VOTE: Ayes 4, Nays 0. *9. 2007 SEAL COAT PROJECT – ADVERTISE FOR BIDS Murphy moved, McMillan seconded, to approve the plans and specifications for the 2007 street seal coat project and to authorize the advertisement for bids for the project. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT *10. PAY EQUITY REPORT Murphy moved, McMillan seconded, to approve the City’s 2007 Pay Equity Report. VOTE: Ayes 4, Nays 0. *11. EXTENSION OF HENNEPIN COUNTY EPDB AGREEMENT – RESOLUTION NO. 5573 Murphy moved, McMillan seconded, to approve RESOLUTION NO. 5573, a Resolution Authorizing the City of Orono to Extend an Agreement for the use of Hennepin County’s Electronic Proprietary Data Base. VOTE: Ayes 4, Nays 0. *12. DISPOSAL OF OFFICE FURNITURE Murphy moved, McMillan seconded, to approve the destruction/recycling of nonfunctional, outdated office furniture and cubicles. VOTE: Ayes 4, Nays 0. *13. LIQUIDATION OF SURPLUS FORFEITED VEHICLE Murphy moved, McMillan seconded, to approve the sale of a 1989 Toyota pickup at the Orono Police Department by a sealed bid process. VOTE: Ayes 4, Nays 0. *14. REPLACEMENT POLICE SQUAD CAR PURCHASE Murphy moved, McMillan seconded, to authorize the purchase of three replacement Ford Crown Victoria squad cars at a total cost for each vehicle of approximately $21,381.00. VOTE: Ayes 4, Nays 0. ______________________________________________________________________________ PAGE 11 of 13 Item #02 - CC Agenda 02-12-07 [Page 11 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ 15. CARPET REPLACEMENT FOR CITY HALL, COUNCIL CHAMBERS AND POLICE DEPARTMENT Murphy inquired about the funding for this project. Moorse stated the City is transferring funds that are not earmarked for other projects from the general fund to the equipment outlay fund. Murphy moved, McMillan seconded, to approve the purchase of carpet replacement for City Hall, Council Chambers and Police Department per the proposal submitted by Hiller’s Flooring America dated December 22, 2006, in an amount not to exceed $101,323.60, and to amend the Improvement/Equipment Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Brokl stated he has nothing to report. 16. LICENSES RESIDENTIAL KENNEL LICENSE 1. Jim and Jennifer Matasovsky 1290 Loma Linda Avenue TOBACCO LICENSE 3. Lakeview Golf of Orono, Inc. Grant Wenkstern 405 North Arm Drive 4. Navarre Amstar LeRoy Koehnen 3360 Shoreline Drive 5. O’Sullivans Holiday John O’Sullivan 2420 Shadywood Road 6. O’Sullivans Holiday John Sullivan 3340 Shoreline Drive 7. Snyder Drug Store #5025 Snyder Drug Stores, Inc. 2380 Shadywood Road ______________________________________________________________________________ PAGE 12 of 13 Item #02 - CC Agenda 02-12-07 [Page 12 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (16. LICENSES, Continued) 8. Spring Hill Golf Club Thomas Dalum 725 Sixth Avenue North 9. Wayzata Country Club Richard Kohn 200 Wayzata Boulevard West Murphy moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. *17. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. ADJOURNMMENT Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 9:26 p.m. VOTE: Ayes 4, Nays 0. There being no further business to discuss, the meeting was adjourned at 9:26 p.m. ATTEST: ________________________________________ _______________________________________ Linda S. Vee, City Clerk James M. White, Mayor ______________________________________________________________________________ PAGE 13 of 13 Item #02 - CC Agenda 02-12-07 [Page 13 of 13] Zoning Map - CC Agenda 02-12- 0 7 Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #03 - CC Agenda 02-12-07 File #06-3169 [Total Pages 12] Item #04 - CC Agenda 02-12-07 File #06-3231 [Total Pages 70] Item #04 - CC Agenda 02-12-07 File #06-3231 [Total Pages 70] Item #04 - 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CC Agenda 02-12-07 Transit Oriented Development Grant Application [Page 2 of 2] Item #11 - CC Agenda 02-12-06 Disposal of Used SCBA Gear [Page 1 of n>>] Item #12 - CC Agenda 02-12-07 Accccept Resignation of Steve Hanson Public Work [Page 1 of 1] Item #13 - CC Agenda 02-12-07 Accept Resignation of Mark Tomczyk Police Officer [Page 1 of 1] Item #14 - CC Agenda 02-12-07 Hire FT Police Officer [Page 1 of 1] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 1 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 2 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 3 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 4 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 5 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 6 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 7 of 13] Item #15 - CC Agenda 02-12-07 Police Chief Search Consultant [Page 8 of 13] Item #15 - 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CC Agenda 02-12-07 Licenses[Page 9 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 10 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 11 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 12 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 13 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 14 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 15 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 16 of 21] Item#19-CC Agenda 02-12-07 Licenses[Page 17 of 21] 10/04 APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR, WINE, 3.2 PERCENT MALT LIQUOR, AND SETUP LICENSES 411111111101. City of Orono 2750 Kelley Parkway P.O. Box 66 hr Crystal Bay, MN 55323 • Phone: (952) 249-4600 Directions: This form must be filled out with typewriter or by printing in ink. If the application is by an individual person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an association or corporation, by the manager or managing officer. License type: (check all that apply) P On Sale Intoxicating Liquor ($5,000.00) N Club ($200.00) Wine ($2000,00) Setup ($100.00) 'K- Sunday Liquor ($200.00) 3.2% On Sale ($100.00) n Off Sale Intoxicating ($150.00) I 1 3.2% Off Sale ($50.00) License year: 2005 (January 1 — December 31) • 1. Namepplicant/licensee (name of individual, partnership, association or corporation): 1 (ikAA ntlAtAAAZ Business Trade Name c'€trtA Business Address .jf 1 i,-,:vi �'' ' 4 > i Phone ci>�' (1J-1SU'0 (Street) (City) (Zip) ' Mailing Address (if different) (Street) (City) (Zip) Licensee's Minnesota Tax Identification Number14 ZSA Licensee's Federal Tax Identification Number 41 -1-g >ci'g I 2. If the above named licensee is an individual, complete the following: a. Individual Name (First) (Middle) (Last) Date of Birth Home Address (Street) (City) (Zip) Home Phone If the above named licensee is a partnership, association, or corporation, complete the following for each partner/officer: ii a. I"1��1 c�43 ti3 `-t" r,VqS Dt'x-�/--A Partner/Ocer Name First) Middle) (Last) Home Address ___(S-treet) ;City) (Zip) b. ( (it I kt.�,ti:,�r 014/I)(4' Partner/Officer Name (First) jrvliddle) o (Last) ,- K 5D .r l o-11 tm i i f iv/ Dirt ( vvil 141,1"E f5C°Home Address //)� (.Sjreet) (City) C. PitLI�Cva,� 161- lsyA_i — Partner/Officer Name (First3_ (Middle) (Last) Home Address (Street) (City) (Zip) Home Phone Item#19-CC Agenda 02-12-07 Licenses[Page 18 of 21j 3. Complete the following for the manager of the above-named business: f a. f J1.(74/141‘.> ./i 114 (' ��i✓t�i��" Individua,�(an.o irst) (Middle) (Last) L 41 [col i)Ila ��c 12.v ✓ 5.3 5-7 Home Address (Street)• (City) (Zip) Home Phone 4. Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed premises since the date of the last renewal application? (This includes any transfer of stock or change of officers or directors of a corporation.) No; Yes. • If yes, describe the changes and the date of City Council approval of these changes? 5. Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? (This is defined as the person responsible for day-to- day operating decisions of the premises.) k.No; Yes. If yes, describe the change and the date of City Council approval of the change? 6. Have there been any other changes to the information contained in the original or previous renewal applications which have not been submitted to the City? No; Yes. If yes, describe these changes and/or include floor plan. 7. Are any real estate taxes, personal property taxes, special assessments or other financial claims of the City of Orono delinquent or unpaid for the premises licensed? v--- No; Yes. If yes, give details. 8. Have you received any summons during the past year under M.S. 340.951? (This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.) jeL No; Yes. If es, attach a copy of each summons received. z 9., 62y i-�• nd his associates in this application will strictly comply with all the laws of the State of F • ybg the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or o City Code, and I hereby certify that I have read the foregoing questions and that the—anSWerSIngid questions are true of my own knowledge. Item #19 - CC Agenda 02-12-07 Licenses[Page 19 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 20 of 21] Item #19 - CC Agenda 02-12-07 Licenses[Page 21 of 21]