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HomeMy WebLinkAbout10-26-2009 Council Minutes• • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 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, Cynthia Bremer, Lili McMillan, and Douglas Franchot. Representing Staff were Finance Director Ron Olson, City Clerk Lin Vee, City Attorney Soren Mattick, Assistant City Administrator of Long -Term Strategic Planning 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. 10 through 14 were added to the Consent Agenda and Item No. 7 was removed from 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 OCTOBER 12, 2009 Murphy moved, Bremer seconded, to approve the minutes of the October 12, 2009, City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES — RESOLUTION NO. 5871 Mayor White opened the public hearing at 7:04 p.m. There were no comments regarding this item. Mayor White closed the public hearing at 7:04 p.m. Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5871, a Resolution for the Collection of Delinquent 2009 Water and Sewer Utility Service Charges, Recycling Program Fees, On -site Sewage Treatment (Septic) Inspection Program, Storm Water Charges. VOTE: Ayes 5, Nays 0. Page 1 of 11 HE MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 7:00 o'clock p.m. DISCUSSION 4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT This item follows Item No. 7. PLANNING COMMISSION COMMENTS — LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *5. #09 -3411 DAVID FOX ON BEHALF OF BILL FOX, TRUSTEE, 1095 FERNDALE ROAD WEST — VARIANCE AND CUP — RESOLUTION NO. 5872 • Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5872, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -1279, 78 -1288, 78- 1608(3)(c) and a Conditional is Use Permit Pursuant to Municipal Zoning Code Section 78 -996, for the Property Located at 1095 Ferndale Road West. VOTE: Ayes 5, Nays 0. *6. #09 -3422 RICHARD & LEESA ANDERSON, 3205 CRYSTAL BAY ROAD — VARIANCES — RESOLUTION NO. 5873 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5873, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -350 and 78 -1288, for the property located at 3205 Crystal Bay Road. VOTE: Ayes 5, Nays 0. 7. #09 -3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD — VARIANCE — RESOLUTION NO. 5874 AND 5875 Michael Ebertz, Applicant, and David Steingas, Contractor, were present. David Steingas stated he had the understanding from the previous City Council meeting that the gate would have to meet the 40 -foot setback. The two monuments are remaining and two fence posts will be added. Steingas indicated it was further his understanding that the two gates could remain as long as the gate met the 40 -foot setback and that they had asked for eight square feet per monument. After they have reviewed the resolution, it was determined that a mistake had been made and that the monuments actually equal 8.75 square feet rather than the 8 feet reflected in the resolution. Staff has requested that they appear before the City Council asking approval for that hardcover. Staff is also requesting that the monuments be located five feet off the property line. • Page 2 of 11 ,LJ r � LJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 7:00 o'clock p.m. (7. #09 -3424 MICHAEL AND DONNA EBERTZ,1220 TONKAWA ROAD, Continued) Steingas asked for clarification on whether the monuments should be moved again. Steingas noted the monuments have been relocated to meet the setback. Murphy stated Exhibit 4 depicts some X's that he is unsure about, but that in his mind he was in acceptance of the new position of the monuments as described by Mr. Steingas at the last meeting, and that if those were moved further back, that would eliminate the setback of the gate. Murphy indicated he assumed that the one monument would remain in that one corner. Franchot stated that was also his understanding and asked where the five feet came from Curtis stated that is the City's required setback and that it was her understanding a fence could be constructed on the property line angled back to meet the monuments. Franchot stated it was his recollection that as long as there was not a gate, the plan was acceptable as presented last time. White stated that is also his recollection but that he does not have an objection to a variance for the monuments. Bremer asked what the size of the monuments are currently. • Steingas indicated they are 2.5 by 3.5 feet. Curds stated their hardcover worksheet reflected 16 square feet, which is incorrect. Bremer noted the sign for the City of Orono requesting a variance was taken down and that it is important that those signs stay up to notify the neighbors of the proposed work. Ebertz indicated when the rain occurred, they fell down, and then Waste Management took them and threw them away because they were laying on the ground next to the garbage can. Murphy moved, Franchot seconded, to draft a resolution granting variances to Municipal Zoning Code Sections 78 -1288, for the property located at 1220 Tonkawa Road, with the granting of a hardcover variance to allow 8.75 square feet for the monuments, with the understanding that the gate will be located further back from the 40 -foot setback and attached to the proposed fence. VOTE: Ayes 5, Nays 0. DISCUSSION 4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT White noted some of the residents have signed a petition regarding the parking by the Dakota Rail, which is the reason for tonight's meeting. is Rick Meyer, 2195 Bayview Place, pointed out the location of his residence and the trail. When the trail opened in the spring, the chief of police was asked out to his property to view the parking situation Page 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 7:00 o'clock p.m. (4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT, Continued) because cars were parking all along Bayview, with the pedestrians then walking to the trail. Bayview is 24 feet wide and Kelly Avenue is 28 feet wide. There currently is no gravel along the shoulders, and with the people walking on the shoulders, it has caused some erosion. Meyer expressed a concern that the problem will continue to escalate. During the wintertime it is not a problem but it will be an issue again in the spring. The City had discussed previously parking behind the fire barn, which would be a nice option, or perhaps behind Snyder's. Meyers stated if the parking were located in that area, it would also help to promote the Navarre business area. Meyer stated in his opinion there should not be any parking near the Bayview neighborhood given the narrowness of the streets and the number of cars that would utilize it. Meyer requested no parking signs be posted along the street on both sides of the street. Cars were parking on both sides of the street, which left very little room for a car to pass through on Bayview. The pedestrians have also destroyed portions of his yard, which has led to him placing some orange cones along the shoulder in front of his property. Meyers requested that Three Rivers address the parking situation. Mayor White stated the two issues before the Council tonight are the lack of parking near the trail and where an optional parking area could be found. It • Murphy recommended another issue be discussed as well, which is that at several of the busier intersections there is a tremendous amount of confusion given the number of signs. Murphy requested • Carlson address that issue as well. Boe Carlson, Three Rivers Park District, stated as it relates to the issue of where to park, during the design phase of this project, Three Rivers worked with representatives from each of the communities to identify parking locations. There is very little opportunity for public space that can be dedicated solely for parking, which was often the case prior to the trail being built, and that the trail has added more pressure for parking. The second issue is that Three Rivers is limited in the amount of right -of -way that they have. The Hennepin County Regional Railroad Authority owns the entire right -of -way and they are allowed to operate a 16 -foot right of way for the operation of the trail. The Railroad Authority understands the challenges for parking and would like to do what is appropriate for the management of the trail but they have to be careful to manage the trail to ensure future access is preserved. Carlson stated Three Rivers was involved in a parking study with the City of Spring Park, which was a potential project that Three Rivers was looking at to accommodate trail use, lake use, and business usehesidential parking in the area. Spring Park was looking at a 50 to 100 car parking lot, which was not realistic and not able to be done. Since that time there has been a change on the council and it no longer is being discussed by them. They are currently looking at a parking area located at their city hall, but that would probably be more for people who are familiar with the area. Carlson indicated that Three Rivers wants to work with the cities to provide parking. The design task force recommended that they work with each of the communities to develop up to six public parking spots and that Three Rivers would cover the cost of those. Carlson indicated they are willing to work with Orono Staff to identify a location. The numbers utilizing the trail far exceeds six parking stalls. Three Rivers has done some survey work to • identify where people are going on the trail. One possible location for parking includes the park- and -ride Page 4 of 11 4 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, October 26, 2009 is 7:00 o'clock p.m. (4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT, Continued) station in Mound. Downtown Wayzata is also another location accessed by the trail users and there is limited parking in that area. In addition, St. Bonifacious also experiences a large number of people that access the trail. Three Rivers is interested in looking at something that will accommodate the neighbors and the users, and the task force hopes to bring a recommendation to their board for their consideration. Mayor White commented he was unaware of the offer by Three Rivers to create six parking spaces, but that unfortunately does not appear to be adequate given the heavier then anticipated use of the trail. Carlson stated they did identify a number of locations that were presented to the City of Spring Park, which included property within Spring Park and Orono. That option never proceeded forward due to the change on the Spring Park Council. Three Rivers is willing to share the information with Orono. Mayor White requested that Carlson address the situation in Orono. White recommended that Three Rivers speak with Hennepin County as well as the residents to resolve this issue. Carlson stated Three Rivers will immediately pursue that. Given the unexpected numbers that they are seeing using the trail, they are proposing some additional improvements that are occurring on the trail, including a pedestrian trail across Highway 7, and that through continued conversation with the Three Rivers Board and the communities, he does not feel that the board resolution will be a hindrance to resolving the parking situation. • Gaffron illustrated the area of the town homes, the Navarre fire station, the Hennepin County Public Works site, and the city boundaries. One of the areas being discussed in the residential area is an oddity in that the City's portion of Northern Avenue is located within the 100 -foot railroad corridor and that it does not make sense to have parking along that area. The area near the Hennepin County Public Works site may be a possibility but has some topography issues. White noted the area near the fire station has an access to the trail but contains some low topography, which could possibly be improved in some fashion to allow for some parking. Meyer pointed out an area that is pretty level and would provide fairly good access. Murphy asked what philosophy Three Rivers is looking at in terms of proximity to the trail and whether they are interested in parking adjacent to the area or further away. Carlson stated people tend to not like to park a distance away from the park and that they have identified over the years that the closer they can put the parking area near the trail and businesses, the more ideal it is. Some of the locations are more designed for people who are familiar with the area and that they need a combination of larger parking lots complemented with smaller lots. Sarah Wyatt asked what type of support the City has from the commercial area at County Roads 15 and 19 to utilize the parking lot in that area. White noted that is a city -owned lot and at times is nearly full but that he has noticed in the past that people do utilize that lot to park when accessing the trail. • Carlson commented that additional signage would be necessary to denote that as an access to the trail. Page 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 7:00 o'clock p.m. (4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARS DISTRICT, Continued) Carlson noted they have received some good data from their survey over the summer, and that given the publicity regarding the trail, the newness of the trail, and the fact that it is a paved trail, it is getting higher than anticipated usage and that this is a very popular trail. Murphy noted that Orono went through a struggle to create a public boat launch in an area that would allow the boats and trailers to be off of the roadway and that it is an education process for the public to learn what is available. Corey Farniok, Orono Police Chief, stated he has spoken with a number of the residents in the area and that perhaps some additional signage would help the situation. Mayor White suggested some signage stating that the cars will be towed if they park in a certain area be considered. McMillan asked whether parking spots will be advertised in Three Rivers' materials on the trail. • Carlson indicated they have not identified any specific parking areas in their materials and that their police staff that patrols the trail on a regular basis does direct people to specific parking spots. Carlson indicated this is a transitional time for the trail and that Three Rivers will eventually incorporate that into their materials. Currently there is signage on various kiosks out on the trails identifying parking locations. • Bremer noted she has gotten a number of complaints regarding the inaccurate data contained on the kiosks and recommended that the kiosks be located on the other side of the road. Bremer commented those are easy things to correct and would help the users of the trail tremendously. Bremer asked whether Three Rivers has heard about that issue. Carlson stated they have been identifying some of the smaller typos on the mapping and that they were in a rush to have the signage erected prior to the opening of the trail. The signage can be corrected very easily and inexpensively. Carlson noted the maps are oriented to the north. Bremer stated when looking at the maps, you are looking south, which is confusing to people who are not familiar with the area. Police Chief Farniok noted there are no restrictions currently on either side of the road and that there is one area that is typically used as a bus stop that can accommodate two to three vehicles. With the trail being open, that spot is typically used. The issue is that cars continue to park down the roadway past that area. The police department has ticketed vehicles in the past for parking the wrong way on the street, which has helped somewhat. Farniok recommended a plan for the overall area be developed rather than just posting one area no parking. In addition, if that area is posted no parking, guests that would come to the residents' homes would also experience a lack of parking. Meyer stated the neighbors are okay with having their street posted no parking because the neighbors are agreeable to utilizing the other neighbors' driveways. 0 Page 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 10 7:00 o'clock p.m. (4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT, Continued) Farniok recommended an overall parking plan be developed for the area. Mrs. Schneck, 2230 Bayview Place, commented that six spots would not be adequate and that adequate parking areas need to be identified. Schneck also expressed a safety concern if bikers /pedestrians go down County Road 19. Meyer stated temporary no parking signs could possibly be utilized until the users get used to going to a different area. Farniok recommended a decision on whether that two vehicle bus stop will remain should also be addressed. Meyer commented that the bus stop area could be expanded slightly to accommodate a few more cars. White stated that signs that say trail parking not allowed in this area or signs that identify where trail parking is available is another option. White stated now is the time to address this issue when the usage is down over the winter. Gaffron stated if you look at where the lot lines are, there is a limited amount of room for parking. One of the driveways is actually located in the railroad right -of -way. Gaffron noted the Metropolitan Council • owns this triangle of land that they have designated for their lift station. McMillan noted the other property that people are utilizing for parking is owned by Hennepin County. Gaffron illustrated the city's right -of -way and the railroad right -of -way. Meyer stated he would like to see the parking kept out of the neighborhood. Gaffron noted there is no sidewalk that connects from Snyder's down to the trail. Meyer stated originally the City had planned to put sidewalks down one side of the road and that he would not be opposed to a sidewalk on both sides as long as there is an eight -foot fence erected. McMillan commented that the municipal parking lot is probably the ideal spot since it is within a couple of blocks and would also promote the Navarre business area. Carlson stated this is an issue that they face on every trail and that the lack of close and adequate parking has resulted in a couple of deaths over the years. Carlson stated as it relates to the development of this particular corridor, there was one community that was very interested in ensuring that pedestrians stop at every crossing, which is now being revisited. Carlson stated if there are stops at every intersection, it diminishes the importance of stopping. Three Rivers has decided to remove the pavement markings on the street, which essentially puts the responsibility on the trail user to proceed with caution. There is a discrepancy or misunderstanding as to whose responsibility it is to stop, and the challenge on a four -way roadway is that the first car stops but the second car does not. It is the goal of Three Rivers to have the cars be as predictable as possible to Page 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 7:00 o'clock p.m. (4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT, Continued) avoid a dangerous situation and that they are watching the situation very closely to see how that is working. Murphy noted there are a number of stop signs and yield signs for vehicles and pedestrians, which is a confusing situation, and suggested that Three Rivers consider eliminating some of the signage. Murphy pointed out the DNR has very few signs on the Luce Line even on the busy intersections and that he is not aware of there being an issue at those sites as to who should stop. Murphy commented that Orono Orchard Road and County Road 15 is currently a dangerous situation. McMillan commented that she has received a number of complaints about the crossing at County Road 15 and that a few people have indicated they will no longer cross at that intersection and will instead go down to 110. Mrs. Schneck indicated there is also a safety issue for people who park along the curb as well given the curve in the road, which causes a blind spot for people going down Bayview. Clem Birch, 2205 Bayview Place, stated the majority of the discussion has centered around daylight parking, and that they are experiencing an increasing number of people that are parking in the evening as well, particularly near the corner. • Loren Schoenzeit stated his family is a regular user of the trail and that the Navarre parking lot is too far • given the age of his children. Schoenzeit stated that small children need a parking area near the trail. Jeff Schneck asked how emergency vehicles can access the area if cars are parked on both sides of the road. Farniok stated that could be an issue if there ever is a fire. Schneck stated the small parking area is located in front of the stop sign and that it is difficult to see the stop sign if a van or a larger vehicle is parked there. White requested that the Three Rivers Board discuss the comments and suggestions of the neighbors and then hold another meeting in approximately three weeks. Carlson stated he appreciates the comments of the neighbors and that their goal is to arrive at an agreeable solution. Carlson requested the City Council make a formal motion directing Three Rivers address this issue. Bremer moved, McMillan seconded, that the City of Orono formally requests that Three Rivers address the parking situation in the Bayview area for the Dakota Trail. VOTE: Ayes 5, Nays 0. Sarah Wyatt gave a brief update on the activities of Three Rivers. Wyatt noted the pedestrian bridge at Highway 7 and County Road 92 will be open to bids November 23rd and that the Lake Independence Trail is now open from Maple Street to Highway 55. There was a delay with the paving and it will likely not be completed up to Loretto this fall. The creative play area at Lake Rebecca is in the process of being renovated and should ready by the spring. • Page 8 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 • 7:00 o'clock p.m. (4. DAKOTA RAIL TRAIL PARKING — THREE RIVERS PARK DISTRICT, Continued) Wyatt reported that Three Rivers has also received approximately $450,000 in legacy amendment money to improve the water quality at Lake Rebecca. The Luce Line is now open from Golden Valley all the way to Theo Wirth Park and four new camper cabins are available for rent at Baker Park. *8. #09 -3429 KAREN FEYO, MARK FULLER & STACY NAKAYA, 4055 ELM STREET — VARIANCE RENEWAL — RESOLUTION NO. 5874 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5874, a Resolution Renewing a Variance to Municipal Zoning Code Section 78 -330, for the property located at 4055 Elm Street. VOTE: Ayes 5, Nays 0. *9. #09 -3430 WJM PROPERTIES, LLC, 2605 WAYZATA BOULEVARD WEST — CUP AND SITE PLAN RENEWAL — RESOLUTION NO. 5875 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5875, a Resolution Granting an Extension of the Commercial Site Plan Approval for WJM Properties, LLC, Granted Per Resolution #5470. VOTE: Ayes 5, Nays 0. • MAYOR/COUNCIL REPORT Franchot commented the contractor has done a good job of repaving Old Highway 12. Bremer noted the agenda for tomorrow's work session is a full one. Murphy stated the City Council should take a serious look at finding areas to park near the Lurton property. White noted he attended the dinner honoring Gabriel Jabbour for his achievements in the community and commented that unfortunately there are a number of individuals who go unrecognized for their efforts. White noted the City of Orono ranks very high on the Minnesota League of Citizens reports for how well they use their resources and the City's overall financial well- being. CITY ENGINEER'S REPORT City Engineer Kellogg stated there apparently was a failure at the water plant recently and that some citizens were without water for a period of time. White noted a breaker broke in the water tower, which caused the tank to drain. The problem was resolved within 30 minutes but it did affect 800 residences. Kellogg stated the contractor is going to attempt to pave the last piece of Casco Point Road on • Wednesday. Page 9 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 7:00 o'clock p.m. • CITY ADMINISTRATOR'S REPORT *10. ACCEPT QUOTATION FOR SEWER MAIN REPAIR AT 3390 NORTH SHORE DRIVE Murphy moved, Bremer seconded, to accept the quotation in the amount of $5,650.00 from Valley Rich Co., Inc., of Chaska, Minnesota, and to amend the 2009 Sewer Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. *11. RESCIND ADDENDUM TO CONTRACT FOR FIRE PROTECTION — NAVARRE FIRE STATION — RESOLUTION NO. 5876 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5876, a Resolution to Rescind Addendum to Contract for Fire Protection. VOTE: Ayes 5, Nays 0. *12. REQUEST FOR PAYMENT NO.6 — CASCO POINT RECONSTRUCTION PROJECT Murphy moved, Bremer seconded, to approve Request for Payment No. 6 for the Casco Point Reconstruction Project, Geislinger and Sons, Inc., in the amount of $317,170.80. VOTE: Ayes 5, Nays 0. *13. REQUEST FOR CHANGE ORDER NO. 1— CASCO POINT RECONSTRUCTION PROJECT Murphy moved, Bremer seconded, to approve Change Order No.1 for the Casco Point • Reconstruction Project, Geislinger and Sons, Inc., in the amount of $31,166.00. VOTE: Ayes 5, Nays 0. *14. RESOLUTION IN SUPPORT OF COUNTY ROAD 19 TRAIL CONCEPT DESIGN PLAN — RESOLUTION NO. 5877 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5877, a Resolution of Support for the Recommendations of the County Road 19 Trail Concept Design Plan. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. *15. LICENSES & PERMITS None *16. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Page 10 of 11 5 • r: MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2009 , 7:00 o'clock p.m. ADJOURNMENT Murphy moved, Franchot seconded, to adjourn the Orono City Council meeting at 8:33 p.m. VOTE: Ayes 5, Nays 0. ATTEST: in a S. Vee, City Clerk Ja es M. White, Mayor Page 11 of 11