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HomeMy WebLinkAbout11-12-2002 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 • 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Absent were Council Members Bob Sansevere and Jay Nygard, and Zoning Administrator Wendy Bottenberg. Mayor Peterson called the meeting to order at 7:11 P.M. CONSENT AGENDA 1. Approve /Amend Items #6, 7, 8, 9, 10, 11, 12, and 13 were added to the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES • *2. Regular Council Meeting of October 28, 2002 Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting of October 28, 2002 as presented. VOTE: Ayes 3, Nays 0. *3. Special Council Meeting of the Canvassing Board of November 6, 2002 Murphy moved, White seconded, to approve the Minutes of the Canvassing Board Meeting of November 6, 2002. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS - Pauline Bouchard, Representative Bouchard congratulated the Mayor and Council Members on their re- election to the Council. Bouchard reported that four Park Commissioner's terms would soon be expiring and each had expressed an interest in reappointment to the Commission. Bouchard reported that the Hackberry playground equipment was almost entirely installed and looks wonderful. With regard to French Creek, Bouchard stated that the Commission and staff had met with the prairie restoration group to come up with recommendations on how to go about reseeding, planting, and burning the preserve in order to establish the prairie site the City had hoped for. She added that is once the prairie restoration begins, the Commission will be studying the potential of obtaining state funds for a shoreland restoration project at the site. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 7:00 o'clock p.m. • PARK COMMISSION COMMENTS — Continued Bouchard indicated that the Commission is looking forward to the pull tab public hearing scheduled for November 25, 2002. Murphy asked if the Park Commission was prepared to make its case at the public hearing as to why they want these funds. Especially, in light of Council Member Sansevere's hesitation to take funds from the kids. Bouchard pointed out that the Mound Hockey Association had already pulled out of the pull tab operation and the only participant left was the MS Society. White noted that the MS Society recently donated $2,000 for Parks. On behalf of the Park Commission, Bouchard requested the City Council give consideration to a location for an outdoor rink in Orono. Mayor Peterson stated that the Park Commission and City Council would be scheduling a work session within the next month. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative Chair Smith had nothing to report, however, indicated she would stay for questions. • PUBLIC COMMENTS Larry Palm, of Ace Properties, owner of the Western Steel Building, stated that building inspector Lyle Oman required they install sprinklers in the building for fire safety. In the interim, while Palm collects bids, Oman suggested they leave the trucks, with acetylene tanks, outside to avoid risk of fire. Mr. Palm indicated that, while he would try to collect the bids and move the process along as soon as possible, he would need at least a 60 -day window to park the trucks outside. He indicated that he had the underground proposal on his desk and was awaiting the sprinkler proposal. Mayor Peterson asked staff how Mr. Palm could be allowed to park the vehicles outside. Barrett indicated that the City could grant Western Steel the opportunity to park their trucks outside based on Oman's recommendation. Gaffron suggested that the City speak to the Fire Marshal about where to temporarily park the trucks outside and amend the CUP to allow the outside storage of vehicles for a specific amount of time. Murphy stated that it seemed like a pretty clear -cut case, the trucks need to be removed. White encouraged Mr. Palm to relay to Western Steel the City's concern that the fenced yard be locked in order to avoid vandalism problems to the vehicles. • PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 • 7:00 o'clock p.m. PUBLIC COMMENTS — Continued Gaffron stated that he would talk to Fire Marshal Meyer, and suggested Mr. Palm obtain a site plan from Western showing where the trucks would be parked. He stated that the Council could temporarily allow the outside storage on this emergency basis. He could bring back a recommendation to the Council at the next meeting, with a resolution, that temporarily amends the existing CUP. Mr. Palm stated that, in reality, once he obtains a set of drawings from the contractor he needs to submit those to the City for approval, and then the installation process would begin, and additional permits would need to be pulled. Barrett suggested Council make two motions, one to amend the CUP granting the immediate right to park the trucks outside, and the other to direct staff to bring back the revised resolution. Mayor Peterson moved, Murphy seconded, to amend the CUP to allow Western Steel to park the vehicles outside effective immediately on a temporary basis. VOTE: Ayes 3, Nays 0. Murphy moved, Mayor Peterson seconded, to direct staff to follow -up with building inspector Oman and the Fire Marshall to get the process in place and amend the Resolution to allow Western Steel to park their trucks outside. VOTE: Ayes 3, Nays 0. • ZONING ADMINISTRATOR'S REPORT *4. #02 -2823 RON CLOUD, 3460 NORTH SHORE DRIVE, VARIANCES - RESOLUTION NO. 4889 Mr. Cloud stated that he would have the shed removed this weekend, however would not likely have the blacktop removals finished until spring and questioned if he could obtain permits once the shed was removed. Gaffron indicated that would be acceptable. Murphy moved, White seconded, to approve and adopt RESOLUTION NO. 4889, a Resolution granting variances for side yard setback, hardcover in 75 -250' setback zone, average lakeshore setback, and lot coverage by structures to replace an existing deck to the lakeside of the residence located at 3460 North Shore Drive, subject to the conditions contained with in the Resolution. VOTE: Ayes 3, Nays 0. 5. #02 -2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY - FINAL DEVELOPMENT PLAN APPROVAL - RESOLUTION NO. 4890 Gaffron explained that on October 21 the Planning Commission recommended approval of the General Development Plan for the proposed medical /dental office after reviewing the most recent plan sheets. The application this evening requires consideration and potential final action subject • to a small number of remaining issues being suitably resolved. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 7:00 o'clock p.m. 5. #02 -2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY — Continued Gaffron noted that, while the purchase agreement remained outstanding, issues related to the sale of the City property to the applicants would be discussed at a work session later in the week. With regard to the wetland issue, Gaffron reported that the MCWD TEP panel had determined that the wetland should be considered incidental and therefore exempt from WCA mitigation requirements. As it is crucial to the City's plan for a trail to run along Highway 12, Gaffron pointed out that if the MnDOT r -o -w is problematic, the City needs to obtain an easement over the dental office property, and argued that now is the time to do so. Gaffron maintained that public sidewalks would be located partially within the property and partially within the Kelley Parkway right -of -way, therefore the City should obtain an easement over the portion of sidewalk outside the r -o -w, as it would serve the public. Gaffron further recommended that the City calculate the acreage -based development fees on the gross acreage of the site, not exclusive of easements. With regard to stormwater management, Gaffron indicated that, just that day, the City had received the contingency plan demonstrating ponding on the neighboring parcel, if the Dahlstrom Development pond plan was not acceptable to MCWD. Engineering matters, as noted in Tom Kellogg's letter of September 25, 2002, Gaffron noted had not been formally addressed, however, would be prior to issuance of building permits. In reference to rezoning the parcel at "2745" Kelley Parkway, Gaffron noted that because the applicants had incorporated a portion of the adjacent parcel into their site planning, language was included in the final development plan approval that requires future development of the adjacent parcel to be via the PUD process. By developing the adjacent parcel via the PUD process, this gives the City more control and the developer a better opportunity to be granted certain things without demonstrating a hardship. In review of the final development plans, Gaffron acknowledged that the site plan, architectural style, and signage are similar to the layouts approved in the Revised Concept Plan approval phase. The parking easements /agreements would be subject to final approval of the City Attorney and would be required prior to Council approval of the final development plan. With regard to the lighting along Kelley Parkway, the City had not yet reached a conclusion on the style of street lighting to be provided. The site lighting plan consists of approximately eight freestanding 25' high light poles with shoebox style fixtures. Gaffron noted that while staff believes the proposed lighting plan is reasonable, it could be improved by judiciously adding more lighting fixtures and placing them at a lower height. Finally, Gaffron pointed out minor changes to the landscaping plan, which included further screening of the trash enclosure to limit direct view by westbound Highway 12 traffic. Once again, since the City had not determined the streetscape for Kelley Parkway, Gaffron felt that final • acceptance of the proposed species and their spacing should be left for future consideration. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, November 12, 2002 7:00 o'clock p.m. 5. #02 -2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY — Conlinued Gaffron indicated that staff recommended approval per the attached "Resolution Granting General Development Plan Approval for Planned Unit Development No. 3 for Professional Properties of Orono, Inc. ". Whereas the enclosed resolution includes language that allows approval to become effective only when the remaining issues have been resolved and all conditions requiring action, as identified by the Planning Commission, have been satisfied. Murphy inquired as to where the applicants stood with regard to the City's recommendations. He asked if they found the path the City was taking to be acceptable. Bob Ritter, of Professional Properties of Orono, reminded the Council that they were eager to get going on the project. He stated that currently three contractors were bidding on the project and each had suggested that the applicants lay hay over the site to prevent it from freezing. Ritter asked if they could add their ability to go in and lay the hay as an addition to the Resolution. White indicated that this was common practice, and if something happened to stop negotiations, the City could require the applicants to remove the hay. Murphy questioned whether there were other issues remaining, beyond the continuing trail issue. He asked what alternatives the City had if MnDOT did not allow the trail to encroach on their r -o- • w. • Gaffron stated that, to date, MnDOT had suggested that they were not interested in a trail on their r -o -w. If the City does not require the easement from the applicants, the City may lose the trail option altogether along this stretch. Murphy asked if the diagram showed the best placement. Gaffron noted that, as shown, the trail was quite low, however, if the trail were moved over it would interfere with power poles etc. Gaffron felt that the public would be better served if the trail could run in the MnDOT r -o -w, but the feasibility of that was yet to be seen. Murphy asked who the City could deal with at MnDOT to further these discussions. Moorse was unsure of the names of the individuals to whom he spoke. Murphy indicated that representatives from the City would be meeting with MnDOT on Friday and could bring in this issue to discuss as well. Moorse maintained that the ideal would be to have Hennepin County reclaim this roadway and turn it back into an urban section, likely to occur in 2007. Since this section would probably be turned into a boulevard with curb and gutter at that time, Moorse felt they could talk to MnDOT. Murphy concurred, suggesting they lay this scenario out for MnDOT and discuss it with their r -o -w representatives. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 7:00 o'clock p.m. . 5. #02 -2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY — Conlinued Even though the construction of the trail would not likely occur for many years, Gaffron stated the City would need to require a letter of credit for the trail construction and an easement now. White indicated that the City could offer no good solutions to the applicants regarding the trail and easements. Although the City would need to require the easement, White felt it was highly unlikely they would use it. White recommended the resolution indicate that the City would try to place the trail other than within the easement, and if successful, they would extinguish the easement agreement. Ritter clarified that, if the City were successful in placing the trail within the MnDOT r -o -w, the City would abandon the easement. Murphy stated that the County would likely take back this roadway within the next five years and encouraged the Council to move the Resolution forward with this added language. Moorse questioned the Council with regard to the lighting issue. He asked what the Council's opinion was regarding the character west of Willow Drive. Was the Council interested in a darker rural area or a more urban section? He questioned how they felt the lot should look at night, as well as, what the light along Kelley Parkway should look like. 0 Murphy stated that the office building would need to be lit for clients into the early evening hours. Moorse asked if the proposed shoebox style lights would be acceptable. Gaffron stated that the Planning Commission recommended lights no higher than 20' and perhaps a few more strategically placed near the handicapped parking area. White indicated that he supported the height limit and suggested interested parties identify and drive by other parkways to get a feel for what works well. For example, near Anderson Parkway in Bloomington, White indicated there was a nice parkway with good lighting to look at. Mayor Peterson questioned if there were actually two separate lighting areas to consider. Gaffron indicated that the shoebox style light had been proposed for the parking lot, whereas Dahlstrom had proposed a more decorative lighting within their development. In addition, he recommended that the landscaping be put on hold until the whole design for Kelley Parkway would be determined. Gaffron suggested the Council adopt the Resolution with the proposed amendment and look at the development agreement for discussion at Thursday night's work session. Murphy moved, White seconded, to adopt RESOLUTION NO. 4890, a Resolution granting General Development Approval for Planned Unit Development No. 3 for Professional Properties of Orono, Inc, with the amendment to allow the applicants to spread hay at the site. VOTE: Ayes 3, Nays 0. • PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 • 7:00 o'clock p.m. MAYOR/COUNCIL REPORT 0 Mayor Peterson reported that she had attended the Orono Senior Housing Open House over the weekend and noted that there was a large crowd for the event. She indicated that the project was put together nicely and she was impressed with the finished product. Mayor Peterson pointed out that Bob "the Shoe man" would be holding his housing week kick -off event to raise money by sleeping in a cardboard box. Moorse added that, in his first year, Bob raised $7,500, this year he had vowed to earn $750,000. Murphy complimented the City on its instrumental role in bringing the MCWD wetland delineation report, for the Professional Properties of Orono site, to a satisfactory conclusion. Moorse acknowledged Bonestroo John Smythe's contribution to making this happen. Murphy reported that the Long Lake Fire Department met to discuss taking the Maple Plain contract. He indicated that if their City Council saw fit to support the undertaking, it would happen. Murphy explained that Steve McGinty would be making a presentation next week and recommended Orono monitor the situation and ensure they have all the information they need. White congratulated Mayor Peterson and Council members Murphy and Sansevere on their re- elections. PUBLIC SERVICE DIRECTOR'S REPORT *6. REQUEST FOR PAYMENT NO. 1 - HACKBERRY PARK PLAYGROUND IMPROVEMENTS Murphy moved, White seconded, to approve Request for Payment #1, Hackberry Park Playground Equipment Project to ODESA Construction Inc. in the amount of $88,989.74. VOTE: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT *7. YEAR 2003 NON -UNION EMPLOYEE PAY AND BENEFIT ADJUSTMENT - RESOLUTION NO. 4891 Murphy moved, White seconded, to adopt RESOLUTION NO. 4891, a Resolution approving pay plan adjustments for non -union employees for 2003, which reflects a 3% adjustment to pay schedules and an increase in the City's cafeteria benefit plan contribution to $500.00 per month. VOTE: Ayes 3, Nays 0. *8. LONG LAKE FIRE STATION PAY REQUEST Murphy moved, White seconded, to approve payment of $167.33 to BKV for architectural • services, to be funded from the Joint Fire Account. VOTE: Ayes 3, Nays 0. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 7:00 o'clock p.m. • *9. LONG LAKE FIRE STATION CHANGE ORDER NO.2 Murphy moved, White seconded, to approve Change Order No. 2 for the Long Lake Fire Station Project in the amount of $26,342.86. VOTE: Ayes 3, Nays 0. *10. DONATIONS Murphy moved, White seconded, to accept the donations from Bonestroo Associates, in the amount of $200.00; and from the Narrows Saloon, in the amount of $8,000.00; and to express the City's appreciation to Bonestroo and Associates, and The Narrows Saloon and all who participated in and contributed toward the golf tournament /fundraising effort. VOTE: Ayes 3, Nays 0. *11. PLANNING STAFF REORGANIZATION AND PROMOTION OF WENDY BOTTENBERG Murphy moved, White seconded, to approve the planning staff reorganization to create two City Planner positions at Level 3 of the pay schedule, and to promote Wendy Bottenberg to the City Planner position at step IV, $51,760.00, effective November 11, 2002. VOTE: Ayes 3, Nays 0. *12. STORMWATER AND DRAINAGE TRUNK MAXIMUM FEE - CODE AMENDMENT — ORDINANCE No. 222,2 ND SERIES 9 Murphy moved, White seconded, to adopt ORDINANCE NO. 222, 2ND SERIES, an Ordinance amending Section 3.22 of the Code by Establishing a Maximum Storm Water and Drainage Trunk Fee for the 2 -acre and 5 -acre zones. VOTE: Ayes 3, Nays 0. *13. STORMMWATER AND DRAINAGE TRUNK FEE - EXPANSIONS Murphy moved, White seconded, to direct staff to prepare an ordinance amendment regarding revisions to the sections of the Stormwater and Drainage Trunk Fee Ordinance relating to structure expansions. VOTE: Ayes 3, Nays 0. 14. VIEW ROUNDABOUT VIDEO The City Council and staff viewed a video describing modern roundabouts. Five advantages to roundabouts were discussed during the video, which included; safety, capacity, economy, environment, and beauty. White stated that it looked like the roundabouts work. Murphy encouraged staff to investigate the potential for roundabouts in Orono. Moorse indicated that staff, and Bonestroo, are looking for a software system to model a roundabout. U PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12, 2002 • 7:00 o'clock p.m. C� i CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. *15. LICENSES Liquor License- On Sale Temporary Liquor License 1. Minnetonka Center for the Arts 2240 North Shore Drive Wayzata, MN 55391 Two Days - Event to be held on November 20 and 22, 2002 Murphy moved, White seconded, to approve all licenses. VOTE: Ayes 3, Nays 0. *16. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Sansevere moved, Nygard seconded, to adjourn the Orono City Council Meeting of November 12, 2002 at 8:35 P.M. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 9 Barbara Peterson, Mayor