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HomeMy WebLinkAbout07-13-2009 Council Minutes� o MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 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 Jim Murphy, Lili McMillan, Cynthia Bremer, and Douglas Franchot. • Representing Staff were City Administrator William Wells, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Zoning and Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, 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. 5, 7, 12, and 14 were added to the Consent Agenda. Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JUNE 22, 2009 • Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of June 22, 2009, as submitted. VOTE: Ayes 5, Nays 0. • PUBLIC HEARING — 7:05 P.M. 3. ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT Greg Halvorson, Bonestroo, stated he has been assisting the City with their MS4 (Municipal Separate Storm Sewer System) permit under the NPDES program for operation of the City's storm water drainage system. The NPDES is a national regulatory program under the jurisdiction of the U.S. Environmental Protection Agency. A requirement of the permit is that an annual report be prepared and submitted to the MPCA. One requirement is that the City must hold a public hearing to provide a summary of the City's Storm Water Pollution Prevention Plan, outline the activities of the City for the past calendar year in regards to the permit requirements, and allow for public input and comment. Halvorson stated the basic requirements of the City are, (1) to complete an application form; and (2) implement a storm water pollution control and prevention program. The six minimum control measures that must be met are: (1) public education and outreach; (2) public participation and involvement; (3) illicit discharge detection and elimination; (4), construction site storm water runoff control; (5) post construction storm water management; and (6), pollution prevention and good housekeeping for municipal operations. PAGE 1 i NIINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. (Public Hearing for NPDES Phase H Storm Water Permit, Continued) Halvorson stated the City would be subject to certain enforcement if they choose not to follow the requirements, and those include action by the USEPA, MPCA. Under the clean Water Act, the City can be subjected to a criminal action, a civil action, and third party lawsuits. Local and global impacts from poor storm water pollution control include a decline in aquatic biodiversity, habitat loss, increased flooding, aesthetics, human health, and a decline in drinking water quality. Typical pollutant sources include dumping of leaves and paints down the sewer system or near holding ponds and increased runoff due to expanding impervious areas. Halvorson stated there are multiple solutions to these issues but that the best solution is educating private property owners on how to make good decisions regarding the environment. In 2008 the accomplishments of the City included passage of a construction site runoff control ordinance, passage of an illicit discharge detection and elimination ordinance, sponsoring four classes that focused on water quality protection, sponsoring spring cleanup day, and incorporating updates to the City's storm sewer map. Halvorson stated the annual reports for 2008 have been submitted and that the next step includes recording any public comments, preparing a response to each comment, and then submitting the annual report to the MPCA. • White opened the public hearing at 7:14 p.m. Mike Kuruvilla, Montessori School, asked if there would be someone available that could speak to the students at the Montessori School to discuss how they can help keep the environment clean. White stated he does have some brochures from the EPA that are geared towards children and that those could be given to the students. White stated he would provide those to Staff for distribution at city hall. McMillan stated the Minnehaha Watershed District offers educational opportunities and a grant program. McMillan suggested Mr. Kuruvlla contact them. White closed the public hearing at 7:17 p.m. The City Council took no formal action on this item. LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE No report was given. PLANNING COMMISSION COMMENTS — KIM KANG, REPRESENTATIVE Kang stated it has been a slow month for Planning Commission applications and that her first time • chairing the meeting went well. PAGE 2 .f", lj -A V MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 • 7:00 o'clock p.m. • PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *4. #09 -3410 JACK W. SAFAR, 980 FERNDALE ROAD WEST — VARIANCE — RESOLUTION NO. 5850 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5850, a Resolution Granting . Variances to Municipal Zoning Code Sections 78 -1279, 78 -1288, 78- 1608(3)(c), for the Property Located at 980 Ferndale Road West. VOTE: Ayes 5, Nays 0. *5. #09 -3412 CORTNEY SCOTT LeNEAVE ON BEHALF OF CORTNEY WAYNE LeNEAVE, 360 WAKEFIELD ROAD — SUBDIVISION — SKETCH PLAN Murphy moved, Bremer seconded, to table Application #09 -3412, Cortney Scott LeNeave on behalf of Cortney Wayne LeNeave, 360 Wakefield Road, to the July 27, 2009, City Council meeting at the request of the Applicant. VOTE: Ayes 5, Nays 0. 6. APPEAL OF ZONING VIOLATION - 4450 SPRUCE WAY Curtis stated Staff did a drive -by inspection of the property located at 4450 Spruce Way following a complaint to the City. The property inspection confirmed that two Express Delivery trucks were parked at the residence and the word "Express" was printed on their address marker sign. A letter was sent to the property owner with notification that commercial use of residential property is governed by City Code 78 -1376 regarding home occupations. The office of the business may be housed within their residence but the remaining business activity is not permitted. While the property does not fully meet the definition of a dispatch center as listed within 78 -1376, Staff feels this business falls under the category of prohibited home occupations since the traffic level it potentially generates is similar to a dispatch center. Mr. Frazier is appealing staff's interpretation of the home occupation. Curtis stated in cases where it is unclear whether a home occupation should be classed as a Level 1 or Level 2, the zoning administrator shall make the determination, which is then subject to City Council confirmation if requested by the operator of the home occupation. In this instance, it is unclear whether the homeowner is operating a Level 2 business, but it is Staff's opinion the homeowner is operating a home business that does not qualify as either a Level 1 or a Level 2. Council is asked to review the information provided and make a determination whether the business qualifies as a Level I or II or should be prohibited. isCurtis stated she does have photographs available for review. PAGE 3 M t MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. (Appeal of Zoning Violation, Continued) Murphy asked if the City has any further details regarding the amount of Express vehicle traffic. Murphy indicated he did visit the property today and stated there may be a confusion between stored vehicles and vehicle traffic. Curtis stated it is her understanding there are a number of trips made to and from the property with the trucks. Gary Frazier stated as it relates to the traffic, he and his girlfriend leave the property in the morning and arrive back home in the evening. The business has been downsized considerably in the past few years. The business has been operated for the past 14 years and that there have not been any complaints in the past. Frazier stated they do not operate a dispatch center and have no employees coming to the property. The traffic flow consists of two trucks leaving in the morning and coming back in the evening. The picture of the sign in the front has been removed. The parking lot is not visible any longer unless you are actually on the property. Frazier reiterated he has never had a problem in the past 14 years with the neighbors. Bremer asked if the trucks are in Mr. Frazier's name and have always been. Frazier indicated they are and always have been. White noted access to this property changed with the Highway 12 improvements and that Mr. Frazier • used to have direct access to Highway 12 across the railroad tracks, which is no longer the case. Frazier stated he did attend the meetings in 2002 or 2003 regarding home occupations and was told at that time that the two trucks would not be an issue. McMillan asked if there is any dispatching going on from the house. Frazier stated there is not and that he operates from his cell phone in the truck. , Curtis stated Staff can follow up with the complaint to find out what the exact issue is. Frazier stated the time the trucks leave can vary depending on when the first call comes in. Murphy asked Mr. Frazier to explain how his business works. Frazier stated it is an on call type of business and that they do not leave the residence with the trucks until they receive a call. Murphy asked if the trucks return back to the residence after they complete a call. Frazier indicated the trucks stay out on the road until they are done with their calls. Murphy stated he remembers when Mn/DOT elected to close the access to Spruce Way and Town Line Road. Murphy stated the property between this property and Town Line was converted to a subdivision a • PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. (Appeal of Zoning Violation, Continued) couple of years ago and that presently there is a for sale sign for one of the properties in the subdivision. Murphy noted this subdivision has very few houses. Murphy asked if Mr. Frazier uses the road that goes to the cul -de -sac. Frazier indicated he does. Murphy stated Staff should investigate this situation further, but that he is having a hard time understanding how these two trucks could be causing any problems in this neighborhood given the limited number of residents. Bremer stated in the past the City has required property owners to house their vehicles indoors and that the City's ordinance states if a commercial vehicle is owned, it must be parked indoors. Frazier indicated he does have a pole building that he could park the vehicles in but that he is currently in the process of hauling gravel in for a floor. Frazier stated he is .doing it in increments due to the costs involved. . Murphy reiterated that he finds it hard to understand how this could be causing an issue except for possibly one house. • White pointed out that as the subdivision becomes more populated, it may become more of an issue. • Bremer stated the first issue is to determine whether the home is being used as a dispatch, center where employees are being dispatched to various sites. Frazier stated he no longer has a dispatch center and that the vehicles are personally owned. Frazier indicates he and his girlfriend reside in the residence and that they leave in the morning once they receive a phone call. Murphy asked what types of items they typically deliver. Frazier stated they deliver mail, manufacturing parts, and printed materials. They do not deliver any hazardous materials and all deliveries are made the same day. Mattick indicated Staff did review this item rather thoroughly at their staff meeting and that this was initially considered a Level 11 home occupation. Staff did note two areas to be targeted for cleanup, which primarily related to storage of the vehicles indoors. As it relates to dispatch centers, one sentence in the ordinance deals with that subject, and the code does not specifically define what constitutes a dispatch center. Under the ordinance, the definition of a dispatch center is not contingent upon the number of calls received, having outside employees, or the number of commercial vehicles. Mattick stated if a strict interpretation of the ordinance is applied, it may appear to be a dispatch center since the two people that reside in the house are being called and sent to a different location. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. (Appeal of Zoning Violation, Continued) Mattick stated Staff also looked at the alternative to a Level H home occupation and it was Staff's determination that if the vehicles are stored indoors, that would be a workable solution. Mattick stated the City Council should determine whether they feel this is a true dispatch center. White noted the two people reside in the home and that to his recollection the intent of the ordinance at the time it was originally discussed was to prohibit outside employees from coming to the residence and being dispatched to another site. Gaffron stated the specific home occupations that were the impetus for the drafting of the ordinance involved landscaping businesses, hair dressers, and a flower growing business. McMillan noted one of the concerns raised at the time the ordinance was being initially discussed was the number of cars that would be parked on the streets by people actually coming to the residence and the noise that could potentially be created by the running of the trucks. Murphy stated he does not know whether it is possible for the City to monitor the number of trips that are made by the two trucks, but that given the low density of the neighborhood, he has a difficult time envisioning this causing a problem. Murphy suggested the Council consider tabling the matter to see whether some other solution could be arrived at or determine whether the language in the ordinance should be revised. Bremer noted this is an annual permit and that if the complaints continue, the City could look at other • options. Murphy stated in his opinion the situation will also be improved once the vehicles are parked indoors. McMillan commented in her opinion this is not a business that is prohibited but should probably be classified as a Level H business. Mattick stated due to the limited number of people involved in the business operation and the fact that they both reside in the residence, this does not appear to be a big issue. Mattick suggested the Council consider narrowing down the parameters of the business and limiting the number of trucks or trips to and from the residence. If the population in the area increases, the City could look at the matter again. Murphy asked whether there are any deliveries made to the home as part of the business. Frazier indicated there are not. Curtis stated if the City Council feels this is a Level 2 business, the property owners should apply for a permit, which would require a public hearing, and that the Council could set the parameters for the business at that time. Murphy moved, McMillan seconded, to request Mr. Frazier apply for a Level 2 home occupancy permit, with the understanding the two commercial vehicles will be parked indoors, and that the City Council will consider further parameters being placed on the business following the public • hearing, and with the $100 fee being waived. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. (Appeal of Zoning Violation, Continued) Bremer stated she is not in favor of waiving the fee but would still vote in favor of the motion. VOTE: Ayes 5, Nays 0. MAYOR/COUNCI REPORT Franchot reported he has heard a number of good comments about the work being done on Casco Point. McMillan stated Sarah Wyatt from Three Rivers contacted her last week regarding the trail and that the possibility of doing different striping for the crosswalk is not likely given the number of government agencies that would need to be involved. The Three River police are regularly patrolling the area and cautioning the bikers to stop before crossing the road. Wyatt indicated that Three Rivers is encountering similar problems on other trails. McMillan noted the trail is well used. Bremer stated the trail signage located on Shadywood is incorrect and contains typographical errors. White suggested Bremer contact Sarah Wyatt. Murphy noted he attended a meeting with Mn/DOT on Friday and that the schedule for overlay is to let • the job in early September, commence the work on September 28fl', and finish the work in October. The work will begin at Highway 6 on the west end and go through Orono and Long Lake to the area where the overlay has already been completed, and then continue east of that area. Murphy stated the work will meet ADA requirements, which will result in all crosswalks being replaced. Murphy commented there will be some difficulties encountered by motorists and business owners since the work will be undertaken during the day and the fact that traffic will not be detoured. Mn/DOT is also working on replacing the temporary orange signs and that the Orono/Long Lake retail community has agreed on the signs they would like erected. Murphy indicated the sign work will be completed by next spring. Kellogg stated he and Gaffron reviewed the plans this morning. Gaffron indicated they did find six or eight minor items that need to be corrected and that he will be following up with Mn/DOT in the morning. Murphy reported there will be a full turning access connecting Industrial Boulevard around the Sherwin Williams paint store. McMillan asked if Police Chief Farniok is okay with that. Murphy indicated in his opinion he is. Murphy noted he also requested the engineer review whether the nose of the median piece is necessary and whether it could be shortened so it does not extend towards the bridge any further, which would allow the motorists to make a left turn out of the Montessori School. • Kuruvilla indicated he would like to meet with someone from Mn/DOT and that he would prefer the nose actually be eliminated totally. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. CITY ENGINEER'S REPORT Kellogg stated the Casco Point project will continue to use Dunwoody as the main access in and out this week to allow the restoration people to complete their work. The switch will occur next week when,. Casco Point will become the main access point and Dunwoody will be under construction. Kellogg noted the paving work on Carman Street will be starting tomorrow if the weather permits. Overall the projects have been going well. Kellogg stated as it relates to the Myrtlewood improvements, the contractor has brought in bigger equipment today to drill in the 12 -inch pipe and that they are on schedule. Following installation of the 12 -inch pipe, the 4 -inch sewer pipe will be installed, which will be followed by installation of the water pipe into the Myrtlewood area. Kellogg reported the Stonebay boulder retaining wall that was encroaching into the wetland has also been relocated and is basically completed. Murphy asked who is responsible for maintaining and watering the maple trees in the Stonebay development on Willow. Gaffron stated to his knowledge the Orono Public Works Department has been watering the trees along Kelley and that he will check with the Public Works Supervisor to make sure the trees on Willow are also • being watered regularly. CITY ADMINISTRATOR'S REPORT *7. LIQUIDATION OF FORFEITED VEHICLES Murphy moved, Bremer seconded, to approve the liquidation of a forfeited vehicle through Insurance Salvage in Long Lake. VOTE: Ayes 5, Nays 0. 8. MYRTLEWOOD UTILITY IMPROVEMENTS EXTENSION PROJECT ASSESSMENT — RESOLUTION NO. 5851 AND 5852 Kellogg stated the property owner of 875 Wayzata Boulevard contacted the City approximately one month ago and requested that water and sewer be extended to their site. The improvements for 875 Wayzata Boulevard have been incorporated into the plans. Kellogg stated he has met with the owners of the Montessori School and 875 Wazyata Boulevard to discuss the costs associated with the project and that they went through an analysis to divide the costs. The'total cost of the project is roughly $68,000. Both property owners have signed a waiver agreement. Kellogg recommend the City Council approve the resolutions for the sanitary sewer and water main connections to the two properties. • PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. ( Myrtlewood Utility Improvements Extension Project Assessment, Continued) Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5851, a Resolution Adopting the Public Improvement and Special Assessment Agreement for 850 Wayzata Boulevard and to adopt RESOLUTION NO. 5852, a Resolution Adopting the Public Improvement and Special Assessment Agreement for 875 Wayzata Boulevard. VOTE: Ayes 5, Nays 0. 9. CHANGE ORDER NO. 1— MYRTLEWOOD UTILITY IMPROVEMENTS PROJECT McMillan moved, Franchot seconded, to approve Change Order No. 1 for the Myrtlewood Utility Improvements Project to GM Contracting, Inc., in the amount of $52,266.26 for a total revised contract amount of $268,040.29, subject to the City's receipt of executed agreements with the property owners at 850 and 875 Wayzata Boulevard West accepting responsibility for all costs associated with Change Order No 1 including legal, engineering and administrative costs. VOTE: Ayes 5, Nays 0. 10. REQUEST FOR ASSESSMENT OF SEWER CONNECTIONS Gaffron stated Mike Kuruvilla from the Montessori School has requested that he be allowed to pay for the City's connection costs over a period of 15 years. The Orono Montesorri School could be charged anywhere from three to seven units based on Metropolitan SAC charges and there is a potential that the Montesorri School will be charged between $15,000 to $20,000 for those one time fees at the time of connection. Mr. Kuruvilla is requesting that there be an assessment of those over 15 years. Gaffron stated the City Council may want to take the following factors into consideration: The City would be obligated to pay the connection charges to Wayzata at the time the property is connected to water or sewer. 2. The exact number of SAC units has not been determined by Metropolitan Council. While specially assessing the connection charges would be somewhat unusual, it is also unusual that we are retrofitting existing developed properties with sewer and water that is subject to another city's connection charges. This causes somewhat of a double - whammy on the property owner who is paying for the costs of constructing the project as well as for the use of another City's existing system, plus his actual costs of hiring a contractor to make the physical connections. 4. The up -front costs to Orono are not excessive and the special assessment interest rate being charged is favorable to the property owner as well as to the City. 5. The Metropolitan Council Environmental Services SAC Charge of $2,000 per unit would not be specially assessed. From Staff's perspective that is setting a dangerous precedent and the City has not allowed the MCES SAC charges to become part of a special assessment in any past • project. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. • (Request for Assessment of Sewer Connections, Continued) The same request has not been received from Comforts of Home. Gaffron stated in his view this is a reasonable request given the costs to connect to both of the systems and will not set a precedent given the unique circumstances of the situation. Mattick stated the issue with SAC and WAC units is the cost associated with connection and that over the years cities have typically allowed the property owners to pay the costs over a period of time rather than up front. Murphy asked what would happen if the Montessori School defaults. Mattick stated as long as the taxes are paid on the property, the connection charges would also be paid. If the taxes are not paid, the real estate would secure the fees. Gaffron noted it may be up to six months before the exact number of SAC and WAC units are determined by the Metropolitan Council. Murphy moved, McMillan seconded to direct staff to proceed forward with the plan that is outlined in the Planner's Memorandum dated July 9, 2009, and to include those costs, once determined, in the assessment for the Montessori School. VOTE: Ayes 5, Nays 0. • 11. WAYZATA UTILITY AGREEMENT Gaffron stated before the Council tonight is the final draft of the Amended and Restated Wayzata -Orono Sewer and Water Agreement. This agreement combines all past Wayzata -Orono sewer and water agreements dating back to 1970 for the various areas of Orono served by Wayzata systems and will supersede all previous agreements. Murphy asked what the standards are for M. Gaffron indicated to his understanding it relates to Wayzata's code sections, which are basically the same as Orono's. Murphy suggested this agreement be used as a starting point in the negotiations with Long Lake. McMillan moved, Franchot seconded, to approve the Wayzata -Orono Sewer and Water Agreement. Kellogg noted Staff is in the process of finalizing Exhibit D. Gaffron stated it is expected that both cities will sign the agreement and that Wayzata will be finalizing the map. VOTE: Ayes 5, Nays 0. • PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 • 7:00 o'clock p.m. *12. PAY REQUEST NO. 1— STONEBAY BOULDER DRIVE WETLAND CORRECTIONS Murphy moved, Bremer seconded, to approve Request for Payment No. 1 for the Stonebay Boulder Drive Wetland Corrections Project, Sunram Construction, Inc., in the amount of $37,869.33. VOTE: Ayes 5, Nays 0. 13, APPROVAL OF MOLLY'S CORNER ACCESS AGREEMENT Gaffron stated approximately three months ago an agreement drafted by the Watershed District was completed, which requires the City complete a variety of items. The City Attorney has reviewed the agreement and in the last month or two, there have been some discussions back and forth regarding Item No. 2, which says that "The City will not disturb the Project elements or make use of the Project area in a way that is inconsistent with the maintenance and health of the Project elements." Staff did not feel that was reasonable to obtain written permission from MCWD to use City property, and the City Attorney suggested eliminating the "written consent" clause but keeping the "will not disturb" language. In addition, the City Attorney recommended that language be added clarifying that the City has sole discretion regarding continued public use of the site. Gaffron stated the City did receive word from the Watershed District that that language is acceptable, and Staff is recommending that the version dated 7 -9 -09 be adopted. McMillan asked whether the City twenty years from now would have the ability to change any elements of the project. Mattick stated twenty years from now the City can do that and that the agreement is basically for ten years. McMillan commented it is her understanding the City would be able to work with the Watershed District on any issues that may arise in the first ten years. Franchot asked if there is a reason why a sunset date is not included in the document. Mattick indicated there is by the nature of the contract and that it follows the maintenance agreement with Hennepin County. McMillan moved, Franchot seconded, to adopt the 7 -09 -09 version of the Access Agreement for the Molly's Corner project. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick had nothing to report. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2009 7:00 o'clock p.m. • *14. LICENSES & PERMITS ONE DAY GAMBLING — RESOLUTION NO. 5853 1. YMCA of Metropolitan Minneapolis — Ridgedale Branch (raffle) Fundraising Event — Lakeview Golf Course Friday, September 18, 2009 Murphy moved, Bremer seconded, to approve the above listed license and to adopt RESOLUTION NO. 5853, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the YMCA of Metropolitan MPLS — Ridgedale Branch for a One Day Gambling Permit. VOTE: Ayes 5, Nays 0. *15. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 8:31 p.m. VOTE: Ayes 5, Nays 0. 0 ATTEST: Linda S. Vee, City Clerk J es M. White, Mayor • PAGE 12