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HomeMy WebLinkAbout07-27-2009 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 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, and Douglas Franchot. Representing Staff were City Administrator William Wells, Finance Director Ron Olson, City Clerk Lin Vee, Zoning and Planning Coordinator Melanie Curtis, and Recorder Jackie Young. Council Member Cynthia Bremer arrived at 7:07 p.m. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 7, 8, 10 through 16 were added to the Consent Agenda. Murphy moved, Franchot seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES • *2. REGULAR COUNCIL MEETING OF JULY 13, 2009 Murphy moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of July 13, 2009, as submitted. VOTE: Ayes 3, Nays 0. PRESENTATION 3. HENNEPIN COUNTY COMMISSIONER JEFF JOHNSON Jeff Johnson; Hennepin County Commissioner, introduced himself to the City Council and noted he was just recently elected to the position this past November. Johnson requested the City contact him if they would like assistance with any city /county business. Budget discussions will start the end of August and they are anticipating a smaller budget this year due to the economy. 4. FIBER -TO- THE -HOME NETWORK, LAKE MINNETONKA COMMUNICATIONS COMMISSION Henry Prior, Lake Minnetonka Communication Commission, stated he is the citizen representative to the LMCC from Victoria and serves on the ad hoc committee for the fiber -to- the -home network. The LMCC has been working for several years on creating a broadband network in the area and are making plans to submit a grant application under the federal government's stimulus package. Prior indicated FTTH is a fiber optic network that would be available to all residences, businesses, governmental entities, schools, libraries, etc. The LMCC feels it is an investment in the future of the communities. PAGE 1 of 8 R MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2009 7:00 o'clock p.m. (4. FIBER-TO-THE-HOME NETWORK, LAKE MINNETONKA COMMUNICATIONS COMMISSION, Continued) As part of the process, the LMCC hired a consulting firm to determine the feasibility of the project. The report was completed on June 30th and reviewed by the ad hoc committee. The report concluded that the project is feasible and the issue now facing the LMCC is funding of the project. Prior indicated there are federal stimulus funds available and that the LMCC is in the process of preparing information in order to submit a grant application. A requirement of the grant application is a commitment resolution from all LMCC member cities. White asked what other cities have already approved a resolution. Prior stated the Cities of Woodland, Shoreland, Independence, St. Bonifacious, Minnetonka Beach, Tonka 4 ., Beach and Loretto have adopted a commitment resolution. Murphy asked whether the City Attorney has reviewed the resolution. Prior indicated he does not believe so and that the language contained in the resolution is boilerplate. Murphy noted he has approximately 40 years experience working for Northwestern Bell and U.S. West. Murphy stated he is in favor of submitting the grant application and that he has been involved in long discussions surrounding fiber installation in the past. His concern with the resolution is that it grants right -of -way access prior to the actual scope of work being determined. Murphy stated the costs involved • with installing a fiber optic network of the scope being proposed is astronomical and that caution should be exercised prior to commencing any work. Prior stated he understands the concerns raised by Council Member Murphy and that they have been attempting to address those concerns. Prior stated they would like to have the fiber optic cable buried underground due to the number of wind storms routinely experienced in this area. Prior stated in order to apply for the federal stimulus funds, they must obtain the approval of the City. Prior noted that private funding from revenue bonds would also likely be necessary. White noted it would be impossible to complete the project in this area if the LMCC were not granted right -of -way access. Murphy stated his point is whether it is a little early in the process to be granting access to the right -of- way and questioned whether it is necessary to contain that language in the commitment resolution. Franchot asked if the plan envisions going by the houses or actually extending into each house. Prior stated they would like to go into each house and that the network would be run by a locally owned company. Franchot asked if it would be funded by user fees or tax dollars. Prior indicated it would be funded by user fees. Prior asked if there are people in the city who have no connection to cable TV. White indicated there are. PAGE 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2009 7:00 o'clock p.m. (4. FIBER-TO-THE-HOME NETWORK, LASE MINNETONKA COMMUNICATIONS COMMISSION, Continued) Prior pointed out the fiber optic network would solve that problem. Murphy moved, Franchot seconded, to table action on the resolution in support of the Lake Minnetonka Communications Commission to the August 10 City Council meeting in order to allow the City Attorney time to review the resolution. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS — DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None 6. ACCEPT DONATION FROM TERRY POST — RESOLUTION NO. 5854 • Murphy displayed the picture donated by Terry Post depicting the opening of the Big Island Amusement Park. The City Council thanked Mr. Post for his generous donation. Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5854, a Resolution Acknowledging a Donation from Terry Post. VOTE: Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT 5. #09 -3412 CORTNEY SCOTT LeNEAVE ON BEHALF OF CORTNEY WAYNE LENEAVE, 360 WAKEFIELD ROAD — SUBDIVISION — SKETCH PLAN Cortney Scott LeNeave, Applicant, and Rob Olson, Engineer with MFRA, were present. Curtis noted this application was heard before the Planning Commission at its June meeting. Curtis stated the applicant is requesting sketch plan review on a proposal to divide the property located at 360 Wakefield Road into two lots. The property was platted in 1981. The property is a lot and two outlots in the Wakefield Farms 2 "a Addition. A condition of the plat was that the outlots be conveyed to the owner of 430 Wakefield Road and combined with the main lot into one tax parcel. The conveyance did not happen. The outlots went into tax forfeit, and in 1991 were offered for sale to the adjacent property owners. The owner of 360 Wakefield Road purchased them. PAGE 3 of 8 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2009 7:00 o'clock p.m. (5. #09 -3412 CORTNEYSCOTT LeNEAVE ONBEHALF OF CORTNEY WAYNE LENEAVE, 360 WAKEFIELD ROAD, Continued) The property consists of 7.07 acres and is located in the RR -113 zone. There are two wetlands on the property. A wetland delineation has been completed and accepted by the Minnehaha Creek Watershed District. Approximately 5,900 square feet of wetland is proposed to be filled to provide a driveway to the new lot. This will require a rezoning to remove that portion of the property from the wetland overlay district and to add the mitigation area to the wetland overlay district. A permit from the MCWD will also be required. This permit should be obtained before an application is made for city approval for the fill and preliminary plat. Curtis illustrated the configuration of the two lots that would be created and the location of the wetlands. Access for Lot 1 would remain as is. A new driveway would provide access for Lot 2. It appears that the driveway would need to meander to reduce its slope to the maximum allowed 10 percent. Curtis stated the preliminary plat would need to demonstrate that each lot contains two contiguous acres that are not wetland. Planning Staff is requesting the City Council review the sketch plan and comment on any issues they feel are relevant. • LeNeave indicated he has spoken with Planner Mike Gaffron over the years regarding this parcel and that • the intention is that each lot would have approximately three acres upland and another acre of wetlands. With respect to the density issue, the property to the north is state property and will not be densely populated. The other property adjoining this parcel is part of a golf course. LeNeave illustrated the upland areas on the overhead and indicated it consists of approximately 1.7 acres. LeNeave noted there are three definitions of the term contiguous that could be applied under a variance application. They have met with the Watershed District and preliminarily the TEP Panel has indicated they are amenable to a solution regarding the wetland. LeNeave stated it was his understanding the City originally had the two outlots set aside for an alternative septic site. Murphy asked what the TEP Panel solution is. LeNeave stated one solution is to purchase some land from their land bank. Olson stated the preferred solution is to mitigate the wetland on site, but given the topography of the land, the alternative is to purchase land off site. Curtis asked what the acreage is of 430 Wakefield Road. LeNeave indicated he does not know. Olson commented it appears it would be approximately two acres. Franchot asked what the City's philosophical approach is to requiring the land be contiguous. 0 PAGE 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2009 • 7:00 o'clock p.m. (S. #09 -3412 CORTNEYSCOTTLeNEAVE ON BEHALF OF CORTNEY WAYNE LENEAVE, 360 WAKEFIELD ROAD, Continued) Curtis stated in speaking with Mike Gaffron regarding the history of the City, the City of Orono has been consistent with the acreage requirements for new developments and that the only exception to that are lots created under a PUD. Curtis stated allowing a noncontiguous development in a rural zone could create septic issues. Bremer stated there is also a concern with wetlands if there are various small parcels that are not contiguous and the impact that could have on the subdivision as a whole. Bremer indicated she would prefer that the entire dry buildable acreage be internal to the lot. White stated he concurs with Council Member Bremer. White stated in his opinion it would be worthwhile to speak with the State of Minnesota to see whether they would be willing to swap some land and that to his recollection the City has never approved a subdivision where the land was not contiguous. Murphy stated the idea of wetland mitigation is one issue and that he has a concern regarding the possible precedent it may be setting. Bremer asked what quality wetland these are. Curtis stated the northern wetland is a preserve wetland, which is the highest classification, and the other • wetland is not depicted on the wetland map. An assessment has not been completed to determine the quality of that wetland. Murphy stated he would like to see some other options explored due to the impact this could have on future developments in the City. Murphy stated the main issues appear to be the engineering of the road, construction, wetland mitigation, and the potential precedent that could be set with the noncontiguous land. Curtis requested the City be notified of the next meeting with the TEP Panel so the City's consultant could also attend. MAYOR/COUNCIL REPORT Bremer stated she has received several new complaints regarding the trail crossings and that the trail users would like to see some flashing lights installed at all the major intersections for the people on the trail. Bremer noted the issue with the users not stopping at the intersections is also being experienced in other communities. Murphy suggested Beau from Three Rivers be contacted regarding this issue. Franchot commented he feels the trail is problematic and that the issue needs to be addressed promptly to avoid an accident. Murphy noted the land behind the fire station is guided for senior housing and that the current view of the Interfaith Outreach Group for use of that land is that it should be guided for work force housing. During PAGE 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2009 7:00 o'clock p.m. (MAYORICOUNCIL REPORT, Continued) the meeting it was suggested that the group attend the next city council work session to discuss the issue, and Murphy stated he is in agreement with that suggestion. Franchot indicated he is in agreement with meeting with the group. Franchot stated he is unclear whether it should go through Staff first and then come before the City Council at its work session. White commented in his view it would be worthwhile to have it go through Staff first. White noted this is not the first time the City has met with all the parties on this issue. Murphy stated as it relates to the letter that was distributed to the Council tonight concerning the Navarre dock lots, it was his understanding that Mike Gaffron and the City Attorney were going to review this item and then make their recommendations. CITY ENGINEER'S REPORT None • CITY ADMINISTRATOR'S REPORT *7. ACCEPT DONATION FROM GEAR WEST — RESOLUTION NO. 5855 • Murphy moved, Franchot seconded, to adopt RESOUTION NO. 5855, a Resolution Acknowledging a Donation from Gear West. VOTE: Ayes 3, Nays 0. *8. NATIONAL NIGHT OUT 2009 — RESOLUTION NO. 5856 Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5856, a Resolution Proclaiming National Night Out 2009. VOTE: Ayes 3, Nays 0. 9. APPOINTMENT OF REPRESENTATIVE TO LAKE MINNETONKA COMMUNICATIONS COMMISSION Murphy moved, Bremer seconded, to appoint Doug Franchot to fill the vacant seat on the Lake Minnetonka Communications Commission. VOTE: Ayes 4, Nays 0. *10. PHONE LINE AGREEMENT Murphy moved, Franchot seconded, to approve the Integra Telecom Master Service Agreement and T -1 Services Agreement for a period of three years, with automatic renewal on a month -to- month basis until terminated by either party. VOTE: Ayes 3, Nays 0. • PAGE 6 of 8 1 v MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2009 • 7:00 o'clock p.m. *11. APPROVE REHABILITATION OF LIFT STATION #23 AT 3022 NORTH SHORE DRIVE Murphy moved, Franchot seconded, to accept the quotation in the amount of $22,425.80 from Electric Pump of Bloomington, Minnesota, for a new control panel and two new 3102 -464 5 -HP pumps, and access cover to the wet Well. Funding for this project will come from the Sewer Fund and approval of the appropriate year 2009 budget adjustment to reflect this expenditure. VOTE: Ayes 3, Nays 0. Murphy moved, Franchot seconded, to accept the quotation in the amount of $1,675.00 from Electric Resource Contractors of Minneapolis, Minnesota, for completion of the electrical connection work for lift station 23 (3022 North Shore Drive). Funding for this project will come from the Sewer Fund and approval of the appropriate year 2009 budget adjustment to reflect this expenditure. VOTE: Ayes 3, Nays 0. *12. APPROVE PAYMENT FOR QUALITY FLOW Murphy moved, Franchot seconded, to approve payment to Quality Flow, New Prague, Minnesota, in the amount of $5,258.00 for a new controller for lift station 9 (1550 Bohn's Point Road). VOTE: Ayes 3, Nays 0. *13. PURCHASE TANKER 11 APPARATUS • Murphy moved, Franchot seconded, to approve payment to the City of Long Lake for the purchase of Tanker Apparatus in the amount of $74,680.60 and to amend the Improvement and Equipment Outlay Fund to reflect the expenditure. VOTE: Ayes 3, Nays 0. *14. REQUEST FOR PAYMENT NO.3 — CASCO POINT RECONSTRUCTION PROJECT Murphy moved, Franchot.seconded, to approve Request for Payment No. 3 for the Casco Point Reconstruction Project, Geislinger and Sons, Inc., in the amount of $458,279.48. VOTE: Ayes 3, Nays 0. *15. REQUEST FOR PAYMENT NO. 1— MYRTLEWOD UTILITY IMPROVEMENTS PROJECT Murphy moved, Franchot seconded, to approve Request for Payment No. 1 for the Myrtlewood Utility Improvements Project, GM Contracting, Inc., in the amount of $118,207.38. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None • PAGE 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEET_ ING Monday, 'July 27, 2009 7:00 o'clock p.m. • *16. LICENSES & PERMITS CLUB FIREARM USE PERMIT 1. Annual Permit for Trap Shooting: Park Gun Club 3660 Sixth Avenue North Murphy moved, Franchot seconded, to approve the above listed license. VOTE: Ayes 3, Nays 0. *17. BILLS _- Murphy moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Bremer moved, Franchot seconded, to adjourn the Orono City Council meeting at 8:10 p.m. VOTE: Ayes 4, Nays 0. ATTEST: is Linda S. Vee, City Clerk (96ies M. White, Mayor • PAGE 8 of 8 - - - -