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HomeMy WebLinkAbout03-23-2009 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. • ROLL The Orono City Council met on the above - mentioned date with the following members present: Acting Mayor Jim Murphy, Council Members Lili McMillan, and Douglas Franchot. 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. Acting Mayor Murphy called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 7, 9, 11, 12 and 13 were added to the Consent Agenda. McMillan moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF MARCH 9, 2009 • McMillan moved, Franchot seconded, to approve the minutes of the March 9, 2009, City Council meeting as submitted. VOTE: Ayes 3, Nays 0. PRESENTATION — 7:00 P.M. 3. WESTONKA SCHOOLS UPDATE — KEVIN BORG, SUPERINTENDENT Borg addressed the City Council regarding the status of the Westonka Schools and their strategic goals for the coming years. The first goal of the school district is to improve the academic achievement of the students on both their standardized tests and the ACT. Borg noted the Shirley Hills Primary School received the prestigious Blue Ribbon School Award this year based on high test scores. This past summer students had the opportunity to travel to China as part of an internship program, which was very successful. This year the students will have the opportunity to travel to Puerto Rico as part of this program. In addition, Mandarin III will be offered this year as a foreign language, which demonstrates the successful expansion of the foreign language program. Borg stated the Westonka Schools are also in the process of reducing its debt and obtaining better financial status. The school unfortunately fell into statutory operating debt, which has been eliminated over the past year, and a better financial foundation is being established in an attempt to prevent that from reoccurring. Borg noted the Westonka School District also ranks the lowest in funding received per student in the seven county metro area. McMillan noted Orono approved a number of physical improvements to their schools, and asked whether • Westonka has a long -term strategy to deal with upgrades to their facility. PAGE 1 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. (3. WESTONKA SCHOOLS UPDATE, Continued) Borg indicated funds are limited at the present time-but that they are looking at future improvements and how those could best be funded. Franchot asked whether the School Board believes the revenue to the school should be increased. Borg stated they are looking at their current model to see whether reductions can be made in certain areas but that the limited funding does have a negative impact on the programs that can and are being offered. Franchot asked what the student projection is for the coming years. Borg indicated student enrollment has remained quite stable the past ten years, which should also be true for the coming years. Murphy asked how open enrollment is working for Westonka. Borg stated one benefit of open enrollment is that it creates a positive environment for competition among the schools but that the number of students entering and leaving the school through open enrollment continues to decline. • Murphy commended the staff of the Westonka Schools for their excellent work in servicing this community and the progress that they are making. • PUBLIC INFORMATION MEETING — 7:15 P.M. 4. COUNTY ROAD 15 SHORELINE RESTORATION PROJECT — NAT KALE, MCWD Nat Kale, Minnehaha Creek Watershed District, addressed the City Council regarding the shoreline restoration and stabilization project scheduled to begin this spring on City property located just south of - Molly's Corner (the Browns Bay parking area) and south of the CR15 /Orono Orchard Road intersection. The goals of the project are to promote bioengineering around Lake Minnetonka, create a tool for the new Rule F — Shoreline Stabilization, and to provide assistance to contractors and homeowners in meeting the new rule requirements. The main point of contact during the project, however, will be with contractors. The first phase of the project involved creating a shoreline classification for this area, which included the classifications of fetch, slope and soils. A map was then created depicting those classifications and the areas that would have a high, low, and unlikely occurrence of erosion. The shoreline off of Highway 15 was classified as having a high erosion potential. The second phase of the project was to determine where the sites should be located, and those have been identified to include Centerview Park, Tanager Bridge, Excelsior Point, and the Mound City Hall. Bids have been submitted and a contractor has beer' selected. Kale stated some of the objectives of the project include removing an existing downed telephone pole, removing invasive species and low quality native plants per project specifications, replanting with clumps of native shrubs, planting six to nine foot live stakes throughout the boulder toe and also installing live stakes at a density of five stakes per square yard. An angler's access /path will also be constructed at the . PAGE 2 of 11 • MINUTES OF THE ORON_O CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. (4. COUNTYROAD 15 SHORELINE RESTORATIONPROJECT, Continued) existing concrete piles. A 20 -foot wide swatch of open area will be left to allow people to gain access down to the lake. Murphy opened the public hearing at 7:33 p.m. Kevin Kokesh, 1399 Orono Lane, indicated he is in favor of the shoreline stabilization but is not particularly in favor of the improvements to the access down to the lake due to issues that may arise with trespassers and debris. Kokesh asked whether this area is classified as a public access. Kokesh suggested if this is classified as a public access, he would like fencing and signage erected as well as a garbage can placed in the area. Gaffron noted that Hennepin County is also involved in this project and that this area has been used as a fishing area since at least the 1980s. Gaffron asked whether there is a port-a -potty in the area. Tom Robbe stated there is not. Robbe indicated several times he has been asked by Mr. Hamm to erect no trespassing signs to help deter people from the area, which has been to no avail, and that over the years he has observed a considerable amount of garbage being left. In addition, that corner is very crowded, which does not allow for easy access to the site. Robbe stated the area is basically a party area and that he anticipates the situation will not improve if the area is upgraded. Gaffron stated it is not the city's intention to allow boats summer access to the lake from this area and that • it is designed for access during the winter months. The goal of the project is to make the area more environmentally stable but not to turn it into a heavily used public access point. An unidentified resident of Orono Lane, asked whether a fence could be installed and whether the police could routinely patrol the area. The neighbors are also experiencing problems with theft from time to time. • Gaffron stated technically the City's code does not allow a fence within 75 feet of the lake but that in his view this is a situation that quite possibly would warrant a variance for a fence. Dana Wells, 1397 Orono Lane, asked if this is a stabilization project or an access project. Kale stated this is a restoration project and that the only reason the access to the lake is being improved slightly is because the access is pre - existing. Kale stated there is no intention of turning this area into a boat access. Wells indicated this year more traffic than ever was observed in that area and that she has seen up to 30 to 40 trucks parked on the ice at one time. At night the lights shine into their house, which is offensive and constitutes an invasion of their privacy. Wells suggested a bunch of rocks be dumped in the area to prevent the trucks from accessing the lake. McMillan noted that this area may have experienced more traffic this past winter due to some problems with the access near Sailor's World. PAGE 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. (4. COUNTYROAD 15 SHORELINE RESTORATION PROJECT, Continued) • Wells commented it has become an increasing problem and that this past Friday there was an emergency call to the area, which resulted in a number of fire trucks and a helicopter coming to the scene. Wells stated if truck access down to the lake is encouraged, more issues will be created. Murphy noted all the issues the neighbors are describing are being experienced in other areas, particularly in the winter, and that he would like the City to take some steps to discourage some of this behavior. Murphy noted whenever an emergency does occur, it takes tremendous resources of the City. Murphy stated the City Council will be discussing this situation at their next work session. Andy Jacobson, Mathison Law Firm, stated he is appearing on behalf of Mr. Hamm. Jacobson stated Mr. Hamm shares the concerns of the neighbors and feels that the improvements will invite even more people to the area. In addition, Mr. Hamm feels the City has an obligation to take steps to deter people from coming onto their private property. Robbe stated in his view the increasing number of people coming to this area raises security and safety concerns for the residents. Craig Moen, 1387 Orono Lane, stated he has resided in this area for a number of years and that he is well aware of the issues and that he would like the access closed down due to the limited visibility at that corner. Robbe commented that there is virtually no room for the vehicles to turn around safely. • Franchot commented there appears to be a disconnect on this project and that the main issue that should be addressed is how to control an area that is being misused by a number of people. Franchot stated if the access is causing a significant amount of problems for the neighbors in the area, the City needs to look at the situation further. McMillan stated historically it is difficult for the City to close down a public access and that the state considers Lake Minnetonka to be open to the greater public. Some delineation between the private property and the public area would be a great idea. McMillan suggested the area also be made to look as natural as possible. McMillan stated she is hesitant to add a trash can in the area since it tends to invite dumping by people traveling through the area. Gaffron stated Hennepin County has basically maintained the parking area and that typically the DNR does not place garbage cans in this type of area since it does attract dumping. Franchot asked what the county views as maintaining the area. Gaffron stated to his understanding the parking area is not really plowed and that to his knowledge the City has not declared this a public access but that it has been used by people for a number of years. The City would need to speak with the DNR and Hennepin County on whether this access could be closed. Franchot commented the shoreline restoration project and the issues going on in the neighborhood should perhaps be addressed separately once all the facts are gathered and the City examines its options. Murphy closed the public hearing at 8:00 p.m. PAGE 4of11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. • (4. COUNTYROAD 15 SHORELINE RESTORA TION PROJECT, Continued) Murphy asked whether a bid has been awarded. Kale stated the contractor is ready to commence work on the project April 1" Murphy stated the issue with the restoration project deals with the unintended consequences that will result with the improvements. Murphy stated the Council will definitely be looking further into this situation to see what solutions can be arrived at and will keep the neighbors informed. Franchot asked whether the Minnehaha Creek Watershed District has taken into consideration the impact that a large number of people and vehicles entering this area will have on the restoration project. Kale stated they have taken that into account and that it can delay the establishment of the restoration work. Murphy reiterated the City will look into the situation further and will get back to the neighbors. Murphy indicated he does not know whether the work will be delayed as a result of the concerns raised by the neighbors. Moen stated in his view the work should be delayed given the issues they are encountering. Moen stated the City has a number of access points and that this corner is simply not a good location to allow lake access. • McMillan commented she would have liked to have seen this public hearing conducted earlier in the process and that the City initially accepted the Watershed's offer to improve the area because they felt it was in the best interests of the City. McMillan indicated she is in agreement with Council Member Franchot that the issues being faced by the neighbors should be addressed separately and that the City will need to take a very indepth look at whether the access should be closed and will need to consider the legal issues involved with closing the access. An unidentified resident stated in his view the angler path would increase the use and the closeness of the path to the lake raises some safety issues for younger children. McMillan commented she is unsure whether the improvements will increase the use and that the City will need to monitor the situation. Murphy stated the City Council is aware of the neighbors' concerns and that the Council will be discussing this more thoroughly in the near future. PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE Kempf stated in his view it is likely the use will increase with the improvements. McMillan stated Orono Orchard Road is also seeing motorists pulling over to the side of the road to access the trail in that area and that the City will need to look at how to best handle these issues going into • the future. PAGE 5of11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. (PLANNING COMMISSION COMMENTS, Continued) Kempf stated he has nothing to report from the Planning Commission and would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *5. #04 -3061 WILLIAM AND ROBIN GRIERSON,1989 FAGERNESS POINT-ROAD and #07 -3322 ROBERT AD JORDANNA WILLIAMS, 845 WILLOW DRIVE SOUTH — REVISED RESOLUTION NOS. 5823 AND 5824 McMillan moved, Franchot seconded, to adopt RESOLUTION NO. 5823, a Resolution Granting Variances to Municipal Zoning Code Section 78 -1288, Subdivision B, and Denying Variances to Municipal Zoning Code Section 78 -1279 and 78 -1288, Subdivision A, 1989 Fagerness Point Road. VOTE: Ayes 3, Nays 0. McMillan moved, Franchot seconded, to adopt RESOLUTION NO. 5824, a Resolution Granting Variances to Municipal Zoning Code Sections 78420, 78 -1435, 78 -1605, and 78 -1608, 845 Willow Drive South. VOTE: Ayes 3, Nays 0. 6. #08 -3386 JASIN LARSON, 3485 CRYSTAL PLACE — VARIANCE = RESOLUTION NO. 5825 Jasin Larson, Applicant, was present. Turner stated the applicant is requesting setback variances to allow for construction of a garage five feet from the east and south property lines when 10 -foot setbacks are required. In addition, he is requesting a hardcover variance to allow 37.89 percent hardcover in the 500 to 1000 foot zone when the maximum allowed is 35 percent. On November 17, 2008, the Planning Commission voted 4 -2 to recommend approval of hardcover and setback variances subject to the applicant providing exterior plans of the proposed garage before Council consideration. The Commission also specified that the sidewalls of the garage shall have a maximum height of nine feet, the roof pitch shall be no more than 12:12, the overhead door have a maximum height of seven feet, and the siding match the housing side. Turner noted the drainage would work better with a 5 -foot setback versus the required 10 -foot setback. The applicant has provided plans for the garage that satisfy these criteria. However, the proposed garage has two 9 -foot wide overhead doors rather than one 16 -foot overhead door. This would require a wider driveway and add about 92 square feet or 1.39 percent hardcover. Planning Staff has prepared a resolution reflecting the recommendations of the Planning Commission and would concur that there should be one 16 -foot garage door rather than two. PAGE 6 of 11 r1 U • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. • (6. #08 -3386 JASINLARSON, 3485 CRYSTAL PLACE, Continued) Larson stated his designer drew in the two doors and that he would prefer the two doors if at all possible. Larson stated he would be willing to reduce the size of the doors to eight feet wide with a small area between the two. Larson indicated he would use the upper story of the garage for storage. Franchot asked whether the neighbors are in support of the project. Turner indicated there were no neighbors in opposition to the project. McMillan asked what the increase in hardcover would be with the two 8 -foot wide doors. Murphy indicated the total hardcover would be approximately 39.3 percent. Gaffron stated a standard door is nine feet, with a standard gap of two feet between the doors. Franchot asked whether an 8 -foot door is doable. Gaffron commented it probably is but that he is not entirely sure. Murphy stated he personally prefers the aesthetics of two doors. Franchot indicated he is in agreement with Murphy. • McMillan noted this is new construction and that the slightly larger size of the garage to accommodate the two doors would be acceptable as long as the applicant minimizes the space between the two doors as much as possible. • Murphy stated it appears from the drawing that the building with the two doors is fairly symmetrical and that the space on both sides of the doors is the same. Murphy stated he is not sure whether the size of the doors could be scaled down. Franchot moved, McMillan seconded, to adopt RESOLUTION NO. 5825, a Resolution Granting Variances to Orono Code Section 78 -1288 and 78 -1511, 3485 Crystal Place, with the resolution being amended to allow two 9 -foot doors and increasing the allowable hardcover to 39.3 percent. VOTE: Ayes 3, Nays 0. *7. #09 -3391 DAREN C. MARHULA, 2100 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5826 McMillan moved, Franchot seconded, to adopt RESOLUTION NO. 5826, a Resolution Granting Variances to Municipal Zoning Code Sections 78- 350(B) and 78 -1288, 2100 Shadywood Road. VOTE: Ayes 3, Nays 0. PAGE 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. 8. REVIEW OF ORDINANCES - CONSTRUCTION SITE RUNOFF CONTROL - STORM WATER SYSTEM ILLICIT DISCHARGE CONTROL Turner noted the site runoff control ordinance reflects the discussion of the Council work session. As it relates to the storm water system, the illicit discharge control ordinance is being reviewed by the Council for the first time tonight. Greg Halverson of Bonestroo drafted the Illicit Discharge Ordinance, which includes the prohibition of depositing dirt, landscape materials, leaves, etc., on a public street. Issues encountered by other communities have been the discharge of pool water, minimization of runoff, and the use of termination of a storm sewer connection to prevent a threatened problem discharge or stop a problem discharge. McMillan noted the numbering on page five is incorrect.and asked whether any item is missing from the ordinance. Turner stated there is nothing missing and that she inadvertently forgot to renumber the items following the changes to the initial draft. Murphy stated as he interprets the illicit discharge ordinance, it relates to the I &I issues being addressed with the Metropolitan Council. Murphy asked whether the City already has something similar in place. Gaffron noted the new ordinance relates to storm water rather than sewer. • McMillan asked as it relates to the site runoff control ordinance, whether the criteria for sites less than • one acre is different from sites that are more than one acre. Turner stated to her knowledge lots over one acre would require the property owner to submit a more detailed plan. Kellogg stated anything over one acre is required by the PCA to submit additional information. McMillan asked what standards are required on the less than one acre lots. Kellogg indicated the criteria are defined in the ordinance and that the ordinance helps make the process more consistent. McMillan asked whether erosion fencing is covered in the ordinance Kellogg indicated the term best management practices refers to erosion control, which allows the contractor some flexibility in the method they employ to control erosion. Murphy commented that there is a property on the corner of County Road 19 and 51 that looks like construction has stopped and the silt fencing is in shreds. Murphy questioned how the ordinance would apply to this situation. Turner stated that staff would contact the contractor and Watershed District. Turner has already called the Watershed District regarding this property and will call again. • PAGE 8of11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. • (8. REVIEW OF ORDINANCES, Continued) McMillan moved, Franchot seconded, to direct Staff to draft the final Ordinances Relating to Storm Water Illicit Discharge and Illicit Connection and Construction Site Runoff Control. VOTE: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT McMillan stated she appreciates the effort spent by the applicant on Shadywood Road to minimize the hardcover on the lot as much as possible. McMillan stated she would like some clarification on what the City's role is on the shoreline restoration project. Gaffron noted the Council initially discussed this project last fall and that it was the consensus of the Council at that time to keep the neighbors updated on the progress of the project. Typically the City does not go through the permit process on a project like this since it basically amounts to placement of rip -rap near the shoreline and that the Watershed District did not finalize its plans for this area until recently. The City does not have any authority to approve the project and so Staff determined a public information meeting was a good route to take to allow input by the neighbors on this project. McMillan stated she was unaware of the neighbors' desire to close down this access entirely until this • evening. • Gaffron stated he concurs that the best approach is to deal with the issues raised by the neighbors separately. Franchot stated he did not hear any of the neighbors state that they are opposed to the restoration project but rather had issues relating to the traffic, noise, and debris being generated. Murphy indicated he recalls a number of the same neighbors being present for another application relating to a property exchange and that the traffic in the area is a definite issue. Murphy stated he would be willing to approve a fence but that he would not be in favor of having a garbage can or a port-a -potty at this access. Gaffron stated the City has the option of erecting a fence or allowing the neighbors to erect a fence. McMillan noted the boundaries of the access are not well marked. Gaffron noted this item will be on the agenda for tomorrow's work session. Murphy stated as it relates to the Luce Line bridge, he was told by Mn/DOT that the work would be done this past Monday, which wasn't the case. Murphy stated to his understanding the road would be closed on Monday, the 30th, with the bridge being removed as well as some additional work being completed. PAGE 9 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. CITY ENGINEER'S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR'S REPORT *9. MYRTLEWOOD NEIGHBORHOOD SANITARY SEWER/WATER PROJECT — APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS — RESOLUTION NO. 5827 McMillan moved, Franchot seconded, to adopt Resolution No. 5827 approving the plans and specifications for the Myrtlewood Neighborhood sanitary sewer and water improvements, and to authorize the advertisement for bids for the construction of the improvements. VOTE: Ayes 3, Nays 0. 10. REQUEST FOR PAYMENT NO.3 AND FINAL, JAMESTOWN ROAD SANITARY SEWER Murphy noted the city withheld $3000 on this project and asked whether the work has finally been completed. • Kellogg indicated the project is now completed and noted they experienced a similar problem with the • same contractor on another project. Murphy moved, Franchot seconded, to approve Request for Payment No. 3 and final for the Jamestown Road Sanitary Sewer Project, Castrejon, Inc., in the amount of $1,261.22. VOTE: Ayes 3, Nays 0. *11. DISPOSAL OF FORFEITED VEHICLES McMillan moved, Franchot seconded, to approve the sale of a 2007 Toyota Camry by public auction through the Minneapolis Auto Auction. VOTE: Ayes 3, Nays 0. *12. BID AWARD — STREET MAINTENANCE MATERIALS BID 2009 McMillan moved, Franchot seconded, to award the year 2009 materials bids. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. PAGE 10 of 11 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2009 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT, CONTINUED Murphy asked whether Kempf had any recommendations for vice -chair of the Planning Commission. Kempf stated he would like to contact a couple of the commissioners about possibly being co- chairs. Kempf noted that the Planning Commission has a problem with some individuals not arriving consistently prior to 6:00 and being in attendance on a regular basis. Murphy suggested the Planning Commission consider changing the time of the meeting to 6:30 p.m. McMillan noted she obtained some information from the Dark Sky Society that might benefit Staff with their review of the City's lighting ordinance and that she would be forwarding the information to Planner Turner. *13. LICENSES AND PERMITS Residential Kennel Licenses 1. Leslie and Jerad Hahn 809 Brown Road North Special Event Permits • 2. Applicant: The Danberry Company Event: Remodelers Showcase Spring Preview Location: 3534 Ivy Place Date: April 3 -5, 2009 Time: Friday, Noon — 7:00 p.m.; Saturday and Sunday, Noon — 6:00 p.m. McMillan moved, Franchot seconded, to approve the above listed licenses. VOTE: Ayes 3, Nays 0. *14. BILLS McMillan moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT McMillan moved, Franchot seconded, to adjourn the Orono City Council meeting at 9:11 p.m. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk is PAGE 11 of 11