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Home My WebLink About02-09-2009 Council Minutesr MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 9, 2009 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, and Doug Franchot. Representing Staff were City Administrator William Wells, Finance Director Ron Olson, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Cynthia Bremer arrived at 7:06 p.m. Mayor White called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 5 through 10a, 11, and 13 were added to the Consent Agenda. Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES • *2. REGULAR COUNCIL MEETING OF JANUARY 26, 2009 Murphy moved, McMillan seconded, to approve the minutes of the January 26, 2009, City Council meeting as submitted. VOTE: Ayes 4, Nays 0. LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported that the LMCD issued a variance to allow them to de -ice further out than what had originally been approved and that they have been put on notice that their de -icing permit will be pulled if there are any issues that arise. Sailors World has not been maintaining their de -icing equipment properly but that they are not experiencing problems with the other marinas. Sailors World was required to install some warning lights and other items. Murphy stated he has heard that the equipment at Sailors World is merely set up and then the person leaves and does not monitor it. McDermott stated that was the case for a period of time due to the person having some health issues, but that it has been brought to Sailors World's attention that they must have someone there monitoring their equipment. McDermott stated the LMCD has sent a response letter to Dick Osgood's letter that recently appeared in the Star Tribune noting that the LMCD does not support the access points and that they clarified the funding sources for the chemical treatment of the lakes. • McDermott thanked the Council for reappointing him to the LMCD for another year. PAGE 1 of 8 ral 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 9, 2009 7:00 o'clock p.m. (LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE, Continued) McMillan thanked McDermott for his work that he has been performing on behalf of the City. PLANNING COMMISSION COMMENTS — KIM KANG, REPRESENTATIVE Kang stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 3. #09 -3392 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST — CONDITIONAL USE PERMIT — RESOLUTION NO. 5819 Rob Olson, McCombs, Frank, Roos Associates, was present. Turner stated the applicant is requesting a conditional use permit for wetland alteration and land alteration • to convert a ditch with wetland qualities to a pond and to excavate three areas to provide for replacement of the wetland. Turner displayed the areas of the wetlands. The Planning Commission recommended approval subject to the following conditions: 1. Provision of a flowage and conservation easement and restrictive covenant over the wetlands and wetland buffers. 2. Provision of a $6,000 escrow and an escrow agreement to guarantee establishment of the buffers. Issuance of a permit or conditional approval of a permit by the Minnehaha Creek Watershed District. The application has been revised since the Planning Commission meeting and the applicant is now proposing to reduce the size of the mitigation area west of Old Long Lake Road and add a third mitigation area on the east side of the course adjacent to a wetland area at 75 Ferndale Green. The change in the mitigation areas is acceptable to John Smyth of Bonestroo, the City's wetland consultant. The mitigation area shown on the plans was not quite large enough. The applicant's engineer has revised the plan, to provide the correct amount of mitigation. This plan is attached to the revised resolution. The additional mitigation area will not be directly visible from any residence on Ferndale Green. A condition of the MCWD permit is a protective covenant and easement. Murphy asked what the status of the application is with the Watershed District. PAGE 2 of 8 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 9, 2009 7:00 o'clock p.m. (3. #09 -3392 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST, Continued) Turner stated to her understanding the applicant has applied for the permit. Rob Olson stated they have applied to the Watershed District and have received conditional approval. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5819, a Resolution Granting a Conditional Use Permit for Wetland Alteration Per Orono Code Section 78 -1610 and for Land Alteration Per Orono Code Section 78 -966. VOTE: Ayes 5, Nays 0. 4. #09 -3393 BRIAN WINGES /COMFORTS OF HOME, 875 WAYZATA BOULEVARD WEST — COMPREHENSIVE PLAN AMENDMENT Gaffron noted this application was heard by the Council at its January 26"' meeting and that Staff was directed to draft language for an amendment of the 2000 -2020 Community Management Plan that would allow development of the property at 875 Wayzata Boulevard in the manner proposed by the applicant. The text amendment has been drafted in a format similar to the current CMP entries for the areas previously reguided for higher density residential density with adoption of the 2000 -2020 CMP. This will become part of the 2008 -2030 Comp Plan. • McMillan asked whether the property was originally served with water and sewer from Long Lake. r� Gaffron stated it was and that the intent is for the sewer and water to.now come from Wayzata. Murphy moved, Franchot seconded, to conditionally approve the Comforts of Home Comprehensive Plan Amendment subject to Metropolitan Council review and approval, and direct staff to submit the amendment to Metropolitan Council as part of the 2008 -2030 CMP update. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Bremer congratulated Willie Gibbs for passing his building inspector's test. White noted the minutes from January 26 do not reflect that the lights on the bowling center will be wall mounted. White recommended that type of light be required in the City's lighting code for security purposes. White noted the applicant is also required to have a timer to turn the lights on and off at certain designated times. CITY ENGINEER'S REPORT Kellogg had nothing to report. PAGE 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 9, 2009 7:00 o'clock p.m. . CITY ADMINISTRATOR'S REPORT *5. SUPPORT CDBG FUNDING TO WESTERN COMMUNITIES ACTION NETWORK (WECAN) Murphy moved, McMillan seconded, to approve sending a letter of support for the CDBG grant application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0. *6. PAYMENT NO. 1— CIVIC SYSTEMS, CASSELLE CLARITY ACCOUNTING SOFTWARE Murphy moved, McMillan seconded, to approve Payment #1 for the Casselle Clarity Accounting Software, Civic Systems, in the amount of $35,800.00. VOTE: Ayes 4, Nays 0. *7. PAYMENT NO.2 — CASCO POINT SANITARY SEWER REHABILITATION Murphy moved, McMillan seconded, to approve Payment #2 for the Casco Point Sewer Rehabilitation, Visu -Sewer in the amount of $24,003.00. VOTE: Ayes 4, Nays 0. *8. CHANGE ORDER NO. 1 and REQUEST FOR PAYMENT NO.2 — 2008 OVERLAY • PROJECT Murphy moved, McMillan seconded, to approve Change Order No. 1 and Request for Payment No. 2 for the 2008 Overlay Project, Astech Surface Technologies, in the amount of $28,207.94. VOTE: Ayes 4, Nays 0. *9. APPOINT AUDITOR FOR FISCAL YEAR 2008 Murphy moved, McMillan seconded, to appoint the audit firm of Larson, Allen LLP, to perform the required audits for the 2008 fiscal year at an estimated cost of $29,500, including direct expenses. VOTE: Ayes 4, Nays 0. *10. CONSULTANT ENGINEER 2009 FEE SCHEDULE Murphy moved, McMillan seconded, to approve the 2009 consultant engineer fee schedule. VOTE: Ayes 4, Nays 0. *10a. CALL FOR GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND SALE — RESOLUTION NO. 5820 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5820, a Resolution Providing for the Sale of $1,190,000 General Obligation Improvement Refunding Bonds, Series 2009A. VOTE: Ayes 4, Nays 0. PAGE 4 of 8 .0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 9, 2009 7:00 o'clock p.m. CITY ATTORNEY'S REPORT *11. AMENDMENT NO.2 TO VERIZON LEASE AGREEMENT Murphy moved, McMillan seconded, to approve AMENDMENT NO.2 TO SITE LEASE AGREEMENT with Verizon Wireless to allow construction of an emergency generator at 2345 Blaine Avenue. VOTE: Ayes 4, Nays 0. 12. EMPLOYEE HANDBOOK Mattick noted he did incorporate the changes requested at the work session and that the Council members were e- mailed a copy of the revised handbook. Mattick stated there will be some changes to payroll and other items like that that are automatically updated yearly. Murphy asked how the document can be changed in the future if it is adopted tonight. Mattick stated the League of MN Cities suggests that the policy be reviewed and updated annually and that the handbook would be final as of today's date once the Council approves it. Murphy stated he would like to ensure that all employees understand the purpose and rationale for the handbook. Mattick noted the welcome to the city was written by Council Member Bremer. Murphy moved, Bremer seconded, to adopt the revised Employee Handbook, with the handbook being effective 2 -9 -09. VOTE: Ayes 5, Nays 0. *13. LICENSES & PERMITS RESIDENTIAL KENNEL LICENSE 1. David & LuAnn Runkle 2684 Casco Point Road ANNUAL LIQUOR LICENSES 2. Club On Sale and Sunday Liquor Spring Hill Golf Club Jeffrey Kringen 725 Sixth Avenue North SPECIAL EVENT 1. Applicant: Minnesota Distance Running Association, Peter Erpenbach Event: Fred Kurz Memorial 10 Mile Run Location: Luce Line Trail starting at the Wayzata Middle School — approximately 4.5 miles out and back Date: Saturday, April 11, 2009 Time: 8:30 a.m. —11:00 a.m. • Murphy moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. PAGE 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 9, 2009 7:00 o'clock p.m. *BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 7:34 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Lird A S. Vee, City Clerk J me . White, Mayor PAGE 6 of 8 ti. • •