Loading...
HomeMy WebLinkAbout04-13-2009 Council Minutes• ROLL MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday, April 13, 2009 7:00 o'clock p.m. The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and Douglas Franchot. Representing Staff were City Administrator William Wells, 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 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 4, 7, 8, 9, 10, 11, 14 and 16 were added to the Consent Agenda. Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING OF MARCH 23, 2009 Murphy moved, McMillan seconded, to approve the minutes of the March 23, 2009, City Council meeting as amended, with the minutes being corrected to reflect that Acting Mayor Murphy called the meeting to order. VOTE: Ayes 5, Nays 0. LMCD REPORT — ANDREW McDERMOTT — REPRESENTATIVE McDermott reported that Zebra mussels were allegedly found in Prior Lake but that they are still awaiting confirmation from the DNR. The LMA has requested that the LMCD conduct additional inspections at boat launch sites, reduce the milfoil harvesting area on the lake, and designate that portion of the milfoil harvesting money towards investigating the boat launch sites. In addition, the LMA would like the majority of the Save the Lake monies designated towards investigating boat launch sites. The LMCD is _ not in total agreement with that approach and is attempting to reach a compromise with the LMA. McDermott indicated he is unsure what impact the zebra mussel report in Prior Lake will have on the discussion. The LMCD has also commenced work on a strategic plan, and have arrived on the following vision: To protect, preserve, and promote the enjoyment of Lake Minnetonka. The LMCD's mission statement is to provide leadership in protecting, improving and managing Lake Minnetonka for the public's use and enjoyment. The LMCD preserves and protects Lake Minnetonka through administration and regulation, promoting cooperation and partnerships through innovation and education, through sound leadership and an effective stewardship of public and private funds. There are also a number of objectives under that • overall mission statement that will be worked on throughout the year. McMillan asked whether the environmental and boat density subcommittees are still active. PAGE 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 7:00 o'clock p.m. (LMCD REPORT, Continued) McDermott stated the boat density committee is still active. A number of residents have received letters notifying them that they have too many boats docked at their place of residence. Approximately 50 to 75 percent of the cases have been resolved after receipt of the first letter. Bremer asked how long the resident gets to correct the situation. McDermott stated as long as they are making a good faith effort, the LMCD will work with them, but'that if the resident makes no attempt to contact the LMCD office, a second letter will be issued and then a third letter threatening legal action. Franchot asked whether the LMCD's mission is only to promote enjoyment of Lake Minnetonka. McDermott stated protection and preservation of the lake is the LMCD's primary objective and promotion of enjoyment is a secondary objective. McMillan asked whether the environmental committee is still active. McDermott stated that committee is somewhat on hiatus at the present time but that it will recommence again this spring. McMillan asked whether any ordinances will be coming out of the committee. McDermott indicated one of the goals of the committee will be to introduce ordinances for consideration by the LMCD Board and that further investigation into the environmental issues will need to be conducted. PLANNING COMMISSION COMMENTS None PUBLIC:COMMENTS None ZONING ADMINISTRATOR'S REPORT *3. #09 -3400 MITCH COOK FOR CENTRAL BANK, NORTHWEST QUADRANT OF WAYZATA BOULEVARD AND WILLOW DRIVE — EXTENSION OF TIME TO FILE PLAT OF STONEBAY COMMERCIAL — RESOLUTION NO. 5828 • Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5828, a Resolution Amending Resolution Nos. 5704 and 5747 and Extending the Time Allowed for Filing the Plat of Stonebay • Commercial. VOTE: Ayes 5, Nays 0. PAGE 2 of 8 w n U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 7:00 o'clock p.m. *4. EROSION CONTROL — ADOPTION OF ORDINANCES - Add Chapter 79 Construction Site Runoff Control — Ordinance 55, Third Series Amend Chapter 14 Storm Water Illicit Discharge and Connections — Ordinance No. 56, Third Series Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 55, THIRD SERIES, an Ordinance adding Chapter 79 to Title VI, Land Use, of the Orono City Code Concerning Construction Site Runoff Control and the Summary of Ordinance No. 55, Third Series. VOTE: Ayes 5, Nays 0. Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 56, THIRD SERIES, an Ordinance Amending Chapter 14 of the Orono City Code Concerning Storm Water Illicit Discharge and Connections and the Summary of Ordinance No. 56, Third Series. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Bremer gave a brief update on the status of her baby. Bremer noted the Long Lake Fire Department is holding their annual pancake breakfast this Sunday, April 19"'. McMillan stated she did receive a call from one of the Navarre businesses regarding the notice from the City concerning temporary signage. McMillan stated the business owner was wondering if a sandwich type sign would be classified as a temporary sign and whether they would be required to pay the permit fee for the sign. Turner stated due to the number of businesses that had erected temporary signs, the City sent every business a letter reminding the business owners of the regulations but that it is not Staff's intention to do any further follow -up at this point. Turner noted the permit fee is $35 and is good for ten days, with a maximum of four permits being granted per year. McMillan suggested that perhaps the Planning Commission review the City's sign ordinance and see whether any revisions should be made to it. White stated generally rules governing shopping centers prohibit signs from being posted outside on the glass of the store but that they typically allow the sandwich type signs unless it reaches a magnitude where it becomes a problem. McMillan indicated she does not want some people to pay the permit fee and some people not to pay the permit fee and issues arise from that. Turner noted banners also fall into the same category. White requested Staff notify him if a business owner complains about the situation where he has paid the permit fee but someone else hasn't. • Turner stated Staff could look at allowing a business to have a sandwich sign without a permit fee if the business does not have a monument sign. PAGE 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 7:00 o'clock p.m. • (MAYORICOUNCIL REPORT, Continued) McMillan reported the Big Island Committee met approximately ten days ago and requested that the Council discuss permitting issues that have arisen at their work session on Tuesday. McMillan commented that given the fact that the City does not have a Park Board, the majority of the recreational work is falling to Mike Gaffron and the Big Island Committee, and that there are a number of issues that will need to be reviewed. Murphy noted there was an opinion contained in the Sun Newspaper entitled "Too Many Islands, Not Enough Cooperation ", and that the gist of the argument is that the cities should work jointly on more projects. Murphy noted the article praised the cities of Long Lake and Orono for working together on a number of projects. Murphy noted there is a highway meeting scheduled for this Friday with Mn/DOT. The City received a letter from Mn/DOT notifying them that Highway 12 will be closed for approximately 35 days to allow for some work to be conducted on the TH12 connection at the west eiid of Wayzata Boulevard, which connects to County Road 6. Murphy indicated he would obtain additional information on the detour route. Murphy stated the contractor has plans to install the new Old Luce Line Bridge on May 2 °d, which is a Saturday, and will result in the road being closed down in that area. Murphy noted there is an article on Big Island contained in this year's Lake Minnetonka Recreational Guide. • White stated he did receive a communication from a resident on Casco Point Road who says that in his opinion the City has received some good bids on the upcoming Casco Point reconstruction project. CITY ENGINEER'S REPORT 5. BEST VALUE PROCUREMENT PRESENTATION Kellogg reviewed with the City Council the best value procurement process that should be followed in awarding bids. The process is designed to discourage favoritism and deter fraud and sets out guidelines for use of objective criteria and use of qualifications in bid solicitations. Kellogg noted this is a new process that the Minnesota Legislature allowed in 2008. Kellogg stated the process does allow the use of some subjective criteria in awarding bids. It allows consideration of price and performance criteria but requires that the weight given to the criteria be made public. State statute limits the use of this procurement process to one project a year for the first three years. Murphy asked if this process works well, whether that time frame will be extended. Kellogg stated in 2011, the City will be able to utilize this process on as many projects as they would like, but that until that time, the City is limited to one project a year. Kellogg noted there is some lobbying being initiated to have that rule changed prior to 2011. • Murphy asked if contractors are for this process or against it. PAGE 4 of 8 J � • 6.., MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 • 7:00 o'clock p.m. (5. BEST VALUE PROCUREMENT PRESENTATION, Continued) Kellogg stated the qualified contractors are satisfied with the process. Mattick stated one of the reasons the-City Council was apprised of this process is that the Minnesota Legislature did not define what the statute meant, and that as a precaution, he recommended the City Council be made aware of the process. One of the reasons for awarding bids to the lowest bidder is to prevent the City from awarding bids to one particular contractor on a regular basis. Mattick stated he is unsure whether it would be necessary to utilize this process on standard road projects but that it is helpful in the more complex projects. Murphy stated it puts the onus on the engineers to develop the criteria and that in his mind the process does work. Kellogg stated by setting the standards high helps to eliminate the unqualified bidders. 6. AWARD CASCO POINT RECONSTRUCTION PROJECT Kellogg noted a sun-unary sheet of recommendations has been compiled along with the scores for each contractor. In addition, the project evaluation committee has reviewed the scores and has recommended that all of the stand -alone project alternates be included in the project. The project evaluation committee • recommended that Alternates IA, 2, 3B, 4, 5, 6, 7, 8A, 9, 10B, 11, and 12 be selected for inclusion in the project. Kellogg stated the best value procurement process required more time up front by his office and the committee but that in his opinion it will be beneficial in the long run. Franohot stated in his view the best value procurement process was very beneficial to the City in this project. McMillan thanked the committee for their hard work on this project and indicated that in her view it was a definite benefit to the city in this situation.. Bremer moved, Murphy seconded, to award the Casco Point Reconstruction Project to Geislinger and Sons on the base bid plus Alternates 1A, 2, 3B, 4, 5, 6, 7, 8A, 9,10B,11, and 12 for a total amount of $3,544,673.70. VOTE: Ayes 5, Nays 0. Murphy noted the City is going to spend $3.5 million on this project, but that due to Orono's excellent financial planning and bond rating, the residents will not be assessed for the project. CITY ADMINISTRATOR'S REPORT *7. AMEND 2009 FEE SCHEDULE REGARDING GOLF COURSE FEES — RESOLUTION NO. 5829 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5829, a Resolution Amending the 2009 Fee Schedule. VOTE: Ayes 5, Nays 0. PAGE 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 7:00 o'clock p.m. *8. GOLF COURSE SEASONAL EMPLOYEES Murphy moved, McMillan seconded, to approve a seasonal employee pay range of $8.25 to $9.75 per hour for the 2009 season. VOTE: Ayes 5, Nays 0. Murphy moved, McMillan seconded, to hire the seasonal employees as indicated in the Request for Council Action dated April 13, 2009 under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. *9. REQUEST FOR PAYMENT NO. 1— STONEBAY WETLAND CORRECTIONS Murphy moved, McMillan seconded, to approve Request for Payment No. 1 for the Stonebay Wetland Corrections Project, Burschville Construction, in the amount of $37,041.93. VOTE: Ayes 5, Nays 0. *10. REQUEST FOR PAYMENT NO.3 AND FINAL — FARVIEW SANITARY SEWER Murphy moved, McMillan seconded, to approve Request for Payment No. 3 and final for the Farview Sanitary Sewer Project, Castrejon, Inc., in the amount of $5,459.85. VOTE: Ayes 5, Nays 0. *11. AUTHORIZATION FOR PAYMENT OF POLICE SQUAD CARS Murphy,moved, McMillan seconded, to approve payment of $22,385.36 to-Elk River Ford for the • 2009 Ford Crown Victoria, and to approve payment of $21,590.03 to Nelson's Auto Center in Fergus Falls for the 2009 Dodge Charger. VOTE: Ayes 5, Nays 0. 12. COPS HIRING RECOVERY PROGRAM (CHRP) GRANT Murphy asked whether the City has to state in the grant application that this.person will absolutely be hired by a certain date. Murphy indicated he has some concerns about hiring someone on a grant and then the City being put in a position where they have to retain the person after the grant funds have been expended. Wells asked whether the City could put a limit within the grant application on the number of years that the person would be hired for. White stated the City can apply for the grant but can then later elect to decline accepting the grant if they feel it is not beneficial to the City. Murphy suggested this item be tabled to allow the Council to look at these issues further. Olson stated to his understanding Tuesday is the deadline to apply. White recommended the City apply for the grant and then consider declining the grant later if it is determined it is not beneficial to the City in the long -term. Murphy moved, Franchot seconded, to allow the Orono Police Department to apply for the CHRP • grant. VOTE: Ayes 5, Nays 0. PAGE 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 • 7:00 o'clock p.m. 13. PLANNING COMMISSION APPOINTMENT McMillan moved, White seconded, to appoint Denise Leskinen to the three -year Planning Commission term ending March 31, 2012; and to appoint Dave Rahn to serve as an Alternate Planning Commission Member. VOTE: Ayes 5, Nays 0. *14. AMEND OFFICIAL 2009 MEETING SCHEDULE Murphy moved, McMillan seconded, to amend the 2009 Official Meeting Schedule by changing the Planning Commission meeting time to 6:30 p.m. VOTE: Ayes 5, Nays 0. 15. MOLLY'S CORNER SHORELINE RESTORATION PROJECT — RESOLUTION OF SUPPORT, RESOLUTION NO. 5830 Gaffron noted the Council has a draft resolution before it tonight and that the City Attorney will be finalizing a draft of the agreement with the Watershed District. The Watershed District has requested the City put together a resolution in support of the project. McMillan asked whether there is a set date for when the project would commence. Gaffron stated to his understanding it would be sometime in May. is McMillan asked whether the City has received any comment from any of the residents. Gaffron stated there is a resident who would like to extend the fence along his property line matching the City fenc6 and that Staff will be looking.at that issue in the near future. Gaffron noted normally he would be allowed a six -foot fence in that area but not within the 0 -75 foot zone. McMillan moved, Franchot seconded, to adopt RESOLUTION NO. 5830, a Resolution of Support for the Molly's Corner Shoreline Restoration Demonstration Project. VOTE: Ayes 5, Nays 0., CITY ATTORNEY'S REPORT Mattick stated he has nothing to report. *16. LICENSES & PERMITS Residential Kennel Licenses Jim and Judy Hatchett 840 North Shore Drive West 2. Frank Plachecki • 3685 North Shore Drive PAGE 7 of 8 MINUTES OF TBE ORONO CITY COUNCIL MEETING Monday, April 13, 2009 7:00 o'clock p.m. ( *I6. LICENSES & PERMITS, Continued) Special Event Permits 3. Applicant: Gear West/Kevin O'Connor & Jan Guenther Event: Duathlon (Run/Bike/Run) Location: Orono School Grounds and Surrounding Area Date: Sunday, May 17, 2009 Time: 7:00 a.m. — Noon Murphy moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. *17. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:08 p.m. VOTE: Ayes 5, Nays 0. ATTEST Linda S. Vee, City Clerk J es . White, Mayor PAGE 8 of 8 • • •