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HomeMy WebLinkAbout03-09-2009 Council MinutesIlk MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 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, and Lili McMillan. Representing Staff were City Administrator William Wells, Finance Director Ron Olson, Assistant City Administrator for Long -Term Strategy Mike Gaffron, City Engineer Tom Kellogg, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor White called the meeting to order at 7:04 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 4 and 6 were added to the Consent Agenda. Item No. 2 was deleted from the Consent Agenda. McMillan moved, Murphy seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING OF FEBRUARY 23, 2009 McMillan requested the minutes be amended to read under Item #3, second paragraph, as follows: `By accepting the lowest bid, the savings to the City is $94,988.00. Further, page five of the minutes be amended under Item #9 to read as follows: McMillan noted that Staff's report should read that one dock was purchased in 2004 and that the purchase of the second dock is on tonight's agenda." McMillan moved, Murphy seconded, to approve the minutes of the February 23, 2009, City Council meeting as amended. VOTE: Ayes 3, Nays 0. LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE None PLANNING COMMISSION COMMENTS None PUBLIC COMMENTS Karen Feyo, 4055 Elm Street, indicated she addressed the City Council approximately one year ago regarding a fee that was assessed against their property of approximately $1200. At that time she had asked for the fee to be waived. Recently they have found out that they now owe $1800. Feyo requested- PAGE 1 of 8 0 zy MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 7:00 o'clock p.m. • (PUBLIC COMMENTS, Continued) the City Council reconsider removing that fee since they were not told about the additional cost for the variance until after the variance was passed. At the time of their variance, they did understand that the City had the authority to request additional funds if they ran into problems. Their application unfortunately turned into a long process due to the grading specifications and the need for two surveys. At the time the grading plan was completed, they were required to change their architect and the rain garden engineer due to their plans being insufficient. Feyo indicated they had a number of conversations with the city engineer and with another representative from Boonestroo, which resulted in the process being drawn out. They would like the fee to be reconsidered since there were items that resulted in the process being drawn out that were beyond their control. Feyo noted she has not received a breakdown of the costs. White asked whether an itemized list was ever prepared for the Feyos. _ Kellogg stated that would be a question for Ron Olson but that the City was provided with an itemized list of time spent by their office. Gaffron stated there were a couple of invoices received from Bonestroo, one entitled review of site plans and another entitled conversation with Mrs. Feyo, follow -up with City. Gaffron stated it is his belief that Mrs. Feyo has received a copy of the invoices at some point in the past. Gaffron noted.the City's finance department did re -send an invoice showing a reduced amount in July or early August. Gaffron noted the invoice was sent to Mark, who is listed as one of the property owners. Mrs. Feyo indicated she was not aware of it and has not seen the invoices. White asked whether this residence is a duplex. Gaffron indicated it is not and that it was a vacant lot. Gaffron noted this is essentially a family -owned lot with a number of people involved in the application. Murphy asked specifically what Mrs. Feyo is requesting. Mrs. Feyo stated she would like the $1800 fee to be waived because it was her understanding the work should have been covered under the application fee and the contract that the City has with the engineer. Feyo indicated she was told that most cities do not charge more for extra work. She inquired of Planner Evelyn Turner why they were billed after the variance was approved and why other people were not charged. She was informed that the billing was delayed due to a change in the City's computer system, which is something that they did not have any control over. Murphy stated to his recollection there may have been some disclosure and billing issues back at that period of time and that the City has now resolved that issue. Murphy stated the City does have an arrangement with Bonestroo to allow for a portion of their fee to be covered in the initial fee but that if there is extraneous activity above and beyond what is normally required on an application, the resident or property owner is billed for that, which may not have been made entirely clear to the Feyos at that time. Mrs. Feyo stated it was not made clear to her at the time. PAGE 2 of 8 EN • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Murphy suggested the Council review the records in this particular instance and also review the City's account receivables for that period of time. Murphy stated he does recall discussing this situation in a work session, with the outcome being that the Council was agreeable to reducing it to the original fee of $1200. McMillan requested Mrs. Feyo put down in writing her version of the facts and the reasons she is requesting the waiver. McMillan indicated she would like to see the invoices. Mrs. Feyo stated she has never seen an invoice. McMillan requested Staff provide a copy of the :invoices to Mrs. Feyo so she can review them. McMillan asked Mrs. Veyo to put down in writing her thoughts and rationale regarding the situation and the request for the waiver. - Mrs. Feyo stated she had asked how many other applications were charged extra fees at that time but that they did not receive any information from the City. White commented he does remember a couple of larger projects in that time period that were charged extra fees. Murphy pointed out that engineering fees on top of the application fees are applied when the • circumstances warrant the additional cost. John Eiss, 3445 Crystal Bay Road, stated he is here before the Council tonight to request a dock for his property. Eiss stated he is paying taxes based on a lakeshore lot but'is not allowed a dock. Eiss noted his other neighbors with lots similar to his have docks and that he is the only one that does not have a dock. - .White noted Lot 38 is located in front of this lot and that this lot is not immediately adjacent to the lake. Eiss stated those four smaller lots are city - owned. White stated the City clarified a couple of years ago that residents who do not have a principal residence adjoining the lakeshore would not be entitled to a dock but would be able to swim or launch a.canoe from the city -owned property. White noted that policy has been upheld by the City for a number of decades. White stated in his opinion the issue of paying taxes based on a lakeshore lot is a separate issue from the dock issue. Eiss noted his lot is classified as a residential lakeshore and that the title to his property says he has lakeshore rights. White commented that assessors do not always classify properties correctly. White asked if Mr. Eiss has contacted the City previously regarding his request. Eiss indicated he has not. Eiss stated he does not want to jeopardize his neighbors' docks to the east with his request. White asked whether there are other docks located on the city -owned lots. PAGE 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 7:00 o'clock p.m. • (PUBLIC COMMENTS, Continued) Gaffron indicated the other three properties do have docks on the city -owned lots in front of their lots that are taken down in the fall and are put back in in the spring. The City distinguishes this property from the other three in that there was a variance application for the house located on this property. The survey that was completed was incorrect because it showed the lot running all the way down to the lake and the City required a new survey. The resolution approved for that variance application contains an annotation stating that the City does not consider this lot to be riparian. Gaffron stated the City has not taken any formal action to notify the other properties that a dock is not allowed. The City had considered starting a title registration process but elected not to do the required title research due to the costs involved. The City's position during the construction and marketing of Mr. Eiss's property has been that it is not entitled to a dock, so it was not an unknown at the time of purchase. Gaffron stated the issue is whether the City should notify the other properties that a dock is not allowed or attempt to arrive at a solution where the four properties could have a dock. Murphy stated when he purchased his property approximately 20 years ago, it turned out that the nonconforming barn was constructed considerably prior to the residence and that it was grandfathered in. Murphy stated as long as no substantial changes are made to the footprint of the barn, they are allowed to retain the barn. Murphy asked if the docks would be a similar situation. Gaffron stated docks are considered accessory structures and that this is an area of the lake where, if the dock is left in year- round, it would need to be constructed considerably different. Gaffron stated a legal • nonconformity would not apply in this situation since the docks are taken down in the fall. Mattick noted some of the other lots are continuous lots abutting the lake and that they are allowed a dock. as long as there is a primary residence. Mattick stated on the lots where there is a dock, it does not necessarily mean that the City has approved them and that the City has taken a position in the past that docks are not to be placed on the city -owned properties. Eiss stated the lots with the docks are worth more but yet he is being assessed for a lakeshore lot. Mattick stated riparian lots are worth more but that the city's position has been that in order for a lot to have a dock, it requires a principal structure. Murphy stated the City's position is generally one of not trying to create trouble for its residents and that if Mr. Eiss were to press the issue, the City would then need to inform the other three lots that they would not be allowed a dock. Murphy suggested that perhaps the City discuss this issue further and look at its options for dealing with this situation. McMillan stated other cities have created outlots and allows its residents to have a dock on the outlot, but that the LMCD has found over the years that there were a number of problems created in the neighborhoods by people wanting to utilize the docks. Orono has attempted to avoid that issue by not creating the outlots. Murphy stated there is a situation on County Road 19 where there are four or five docks with very minimal land and no houses. • PAGE 4 of 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Gaffron stated that situation is located primarily in Minnetonka Beach, and at the time the City of Orono approved the five lots that are located in Orono, it was specifically spelled out that those lots could not have lake access. Gaffron indicated the City has owned these lots for a number of years. White stated he is willing to have the City look into this situation further and that perhaps Mr. Eiss would be entitled to a reduction in his taxes, which he should address with the assessor. White noted unfortunately this month a number of the council members will be absent and that he would recommend this situation be discussed in approximately a month. Randy Gilbert, Long Lake Mayor, stated he is here to thank the City of Orono for its continual cooperation with Long Lake on many issues ranging from such things as the fire department and the police department. Murphy stated he did bring the issue of the Old Highway 12 corridor up with Long Lake previously, and that he is aware that there are continuing issues relating to the unsafe condition of the Old Highway 12 corridor as it concerns the potholes. A meeting was held on Thursday with Mn/DOT representatives on an issue relating to the Montesorri School and that the condition of old Highway 12 was discussed at that time. Scott Peterson with Mn/DOT indicated they were looking at the situation and that there might be a resolution by the end of the year. Murphy stated he indicated to Mn/DOT that the sign issues as well as other issues has resulted in the city officials being vilified by the business owners and that faster action should be taken to resolve these issues. Gaffron stated it was his impression that Mn/DOT was not in a hurry to resolve the issue. Murphy stated in his view the City should draft a letter addressed directly to the commissioner of Mn/DOT which lays out exactly the situation and request that the situation be addressed in a prompt fashion. Murphy noted Old Highway 12 is scheduled to be turned over to the county in approximately six months but that some attention should be directed on the situation given the unsafe nature of the potholes. McMillan concurred that a punch list/letter should be created and that photographs depicting the potholes be submitted along with the letter. Murphy moved, McMillan seconded, in conjunction with the City of Long Lake, compile a list of issues to be set forth in a joint letter between the two cities directed to the Commissioner of Mn/DOT, pending formal approval of the letter by the Long Lake City Council. Gilbert noted Long Lake has a meeting next week and they could address it at that time. VOTE: Ayes 3, Nays 0. Gilbert commented that Mn/DOT has taken away approximately 10 percent of Long Lake's tax base with the new U.S. Highway 12 corridor and that they have been left with a substandard road going through their town. McMillan concurred the road should be repaired in the near future. PAGE 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) . • Gilbert noted that given the Federal Government's stimulus bill, Mn/DOT is contemplating pushing up some other projects, which will result in a decrease in funds that would be available to repair the Old Highway 12 corridor and that the letter should be sent in the very near future. McMillan asked if there is any news on the Luce Line bridge. Gilbert stated the contractor has pushed it out for a short period of time due to some concerns with the weather. ZONING ADMINISTRATOR'S REPORT *3. #09 -3397 CITY OF ORONO, 75 AND 85 FERNDALE GREEN — REZONING — ORDINANCE NO. 54, THIRD SERIES McMillan moved, Murphy seconded, to adopt ORDINANCE NO. 54, Third Series, an Ordinance Amending the Orono, Minnesota, City Code and Amending the Official Zoning Map by Rezoning Portions of Properties at 75 and 85 Ferndale Green and Outlot A Fairway Hills Addition. VOTE: Ayes 3, Nays 0. . MAYOR/COUNCIL REPORT • None CITY ENGINEER'S REPORT Kellogg stated the plans and specifications for the Casco Point project are in the bidders' hands, with a bid date of April 1". An engineer's estimate has been completed on the project and the costs are in line with what was laid out.in the feasibility report. The sanitary sewer crossing at the end of Ivy Place was removed from the project due to permitting issues. The options to replace that pipe include pipe bursting or directional drilling, and that it should be reviewed further. In addition, the Minnehaha Creek Watershed District is requiring cities to install parallel pipes underneath lakes due to failures, which will add to the costs of any project. Kellogg stated they re- inspect the line, re- televise the line, and figure out the City's best options. Kellogg noted this is a best value procurement process and that the engineer's estimate is below what was contained in the report, but that the City may award the bid to someone that is not the lowest bid. Whoever is awarded the bid will need to be formally trained in the best value procurement process. Four people internally have been identified to review and score the bids but that ultimately the City Council will determine what the scope of the project is and who the contractor will be. Kellogg suggested the City Council go through the best value procurement process training, which will take approximately 15 minutes. Kellogg stated it is likely the bids will be brought before the Council on April 13`h. Kellogg reported a mandatory pre -bid meeting is scheduled for March 18"' at City Hall and that any contractors who do not attend the meeting will not be allowed to bid the project. 0 PAGE 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 • 7:00 o'clock p.m. (CITYENGINEER'SREPORT, Continued) Murphy asked whether there will be any issues with two of the council members residing in the area of the project. ' Mattick stated there should not be any issues since this project is not being assessed. Mattick stated that Orono has had a history of not assessing projects similar to this. CITY ADMINISTRATOR'S REPORT *4. PAYMENT #3 — CASCO POINT SANITARY SEWER REHABILITATION 'McMillan moved, Murphy seconded, to approve payment #3 for the Casco Point Sewer Rehabilitation, Visu- Sewer in theamount of $38,686.00. VOTE: Ayes 3, Nays 0. 5. PLANNING COMMISSION APPOINTMENTS Gaffron stated the Council will need to appoint a replacement for Dave Rahn and recommended the Council look at appointing some alternates as well. Staff is looking for direction on how the Council would like to proceed forward with the interviews. White recommended two of the interviews be conducted on March 23ra • Murphy stated he does not see the need to have the one candidate. come in since he has interviewed previously with the Council. Gaffron stated he will schedule one of the candidates for March 23`a and the other candidate for April 130'. Murphy asked if the current chair of the Planning Commission or Evelyn Turner has offered any recommendations for a vice chair. Gaffron indicated he is not aware of any recommendations and that he would need to inquire of Chair Kempf and Planner Turner on who they would recommend. Murphy stated he would like to have the recommendation of the chair prior to appointing someone as vice chair. McMillan moved, Murphy seconded, to reappoint Jon Schwinger and Loren Schoenzeit to the Planning Commission for three -year terms ending March 21, 2012. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None • PAGE 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2009 7:00 o'clock p.m. *6. LICENSES AND PERMITS SPECIAL EVENT Applicant: Podium Sports Marketing /Adam Kocinski Event: Wells Fargo Lake Minnetonka Half Marathon Location: Start in Wayzata on Superior Boulevard near Wayzata Blvd., heading SW; right (W) on Lake Street; left (SW on Grove Lane East, curve W through parking lot and park; left (S) on Ferndale Road, curve to W; left (SW) on Shoreline Drive (cone off the shoulder); sharp right (l) briefly on Orono Orchard Road; left (W) on Fox Street; left (S) on Old Crystal Bay Road; right (W) on North Shore Drive (cone off the left shoulder); left (S) on Shadywood Road (cone off the left shoulder); left (E) on Crystal Bay Road, which becomes Northview Road; right (S) on Lake Road; right (SW) on Shoreline Drive (cone off left shoulder); left (S) on Old Beach Road. At the end, continue on the short paved trail; left (SE) on Shadywood Road, which becomes Manitou Road (cone off left shoulder); just past Brentwood Avenue, left (E) on packed - gravel recreational trail; finish between the wooden fences just west of Water Street in Excelsior. Date: Sunday, May 3, 2009 Time: 8:00 a.m. — 12:30 p.m. 2. Applicant: ZB Companies, Arnold Zachman Event: 2009 Spring Preview Parade of Homes Location: Stonebay — 2670 Kelley Parkway, Condo #114 Date: February 28 — March 22, 2009 Time: Thursdays — Sundays, Noon — 6:00 p.m. 3. Applicant: ZB Companies, Arnold Zachman Event: 2009 Spring Preview Parade of Homes Location: Stonebay — 767 Boulder Drive Date: February 28 — March 22, 2009 Time: Thursdays — Sundays, Noon — 6:00 p.m. *7. Bills McMillan moved, Murphy seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT McMillan moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:12 p.m. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk ame . White, Mayor PAGE 8 of 8 •