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HomeMy WebLinkAbout04-28-2008 Council MinutesORONO CITY Monday • 7:00 ROLL 'ES OF THE ,OUNCIL MEETING April 28, 2008 'clock p.m. The Orono City Council met on the above - mentioned date with the following members present: Mayor Jim White; _Council Members Jim Murphy, Lili McMillan, and David Rahn; City Attorney Soren Mattick. Representing Staff were Interi m City Administrator Jay Kiedrowski, Finance Director Ron Olson, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order to 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 7 through 10 and 12 and 13 were added to the Consent Agenda. Item No. 2 was deleted from the Consent Agenda. It was the consensus of the City Council to move Item No. 11 up on the agenda to follow the report of the Planning Commission representative. Murphy moved, Rahn'seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. j • APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING OF APRIL 14, 2008 McMillan requested the minutes be corrected orb page 11 to read that there was a staff meeting regarding Orono Orchard Road and County. Road 15 rather than a neighborhood meeting. i McMillan moved, Murphy seconded, to approve the minutes of the April 14, 2008, City Council meeting as amended. VOTE: Ayes 4, Nays OI *3. Special Council Meeting of April 23, 2008 1 Murphy moved, Rahn seconded, to approve the minutes of the April 23, 2008, Special City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS = DICK KROEGER, REPRESENTATIVE Kroeger stated he had nothing to report but would be available for questions. 11. ACCEPT DONATIONS FOR ENVIRONMENTAL EVENT KEEP IT COOL: April 20, 2008 McMillan acknowledged the outstanding effort put forth by Staff Member Rachel Dodge in coordinating the environmental event KEEP IT COOL that was held on April 20th. McMillan, on • behalf of the City, thanked the numerous people and businesses who donated items to the event. McMillan suggested the list be put on the City's ebsite. PAGE 1 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2008 7:00 o'clock p.m. (11. ACCEPT DONATIONS FOR ENVIRONMENTAL EVENT SEEP IT COOL: April 20, 2008, Continued) McMillan moved, Rahn seconded, to accept all the donations from all businesses or persons listed in the Deputy City Clerk Memorandum that were used to create this event, promote or give away at the Environmental Event KEEP IT COOL held on April 20, 2008. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *4. #08 -3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE — VARIANCE — RESOLUTION NO. 5744 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5744, a Resolution Granting Variances to Municipal Zoning Code Section 78 -1435, for the property located at 2010 Colin Drive. VOTE: Ayes 4, Nays 0. �r • *5. #08 -3353 GARY AND KATHRYN GANGSTEE,1374 REST POINT ROAD — . VARIANCE RENEWAL — RESOLUTION NO. 5745 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5745, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -330, 78 -1279, 78- 1288(b), and 78 -1432, and a Conditional Use Permit and Variance Per Section 78 -1286, for the property located at 1374 Rest Point Road. VOTE: Ayes 4, Nays 0. 6. ORONO MONTESSORI, MICHAEL KURUVILLA, 850 WAYZATA BOULEVARD WEST Michael Kuruvilla, Orono Montessori School, addressed the City Council regarding the issues that are facing the school surrounding sewer and water availability and access to the property. Kuruvilla stated he has appeared before the City Council at periodic times over the past eight years and noted that the school has grown to accommodate over 80 students and employs a number of teachers. Kuruvilla stated this situation could affect over 100 families in the Orono community and that thousands of hours of effort on his part have been put into the school. Kuruvilla requested the City Council not close the school down. Kuruvilla indicated in the past he was consulted on matters that could potentially affect the school but that in the past year Staff has not come to him on those types of issues. Kuruvilla stated one of the main issues that arose was the fact that people leaving his property were not allowed to take a left turn even though he has been requesting a left turn lane for the past two years. Kuruvilla noted a left turn lane was delineated by Mn/DOT once the construction on the new highway commenced and that everything is working fine and there have been no accidents. • PAGE 2 of 9 • • MINUTES OF TEE ORONO CITY COUNCIL MEETING Monday, April 28, 2008 7:00 o'clock p.m. (6. ORONO MONTESSORI, MICHAEL K'UR UVILLA, 850 WAYZATA BOULEVARD WEST, Continued) White noted that currently the Minnesota Departinent of Transportation has jurisdiction over the road that goes in front of his property and that the City is unable to put a turn lane in unless it is approved by Mn/DOT. White'commented the City is currently working with Mn/DOT on issues relating to the proposed roundabout. I Kuruvilla stated he is interested in having access in and out of the property. Kuruvilla expressed concerns regarding the zoning and the inability to be part of MUSA unless the property is rezoned. Kuruvilla indicated he would prefer to have city sewer and water but that he does not want to be re- guided to Institutional Use since that would limit his future sale of the property. McMillan asked whether the well water is tested on a periodic basis. Kuruvilla stated he is tested quite often. Kuruvilla invited the Council Members to visit the school. McMillan concurred that zoning is an important issue for Mr. Kuruvilla and that she understands why he would be opposed to the Institutional Use zoning. McMillan explained that MUSA tends to be available for higher density areas but that some possible options could be discussed tonight. Kuruvilla stated he would like to perhaps some services of'the school and expressed concerns t rezoned. Murphy stated he understands how stressful this' not being singled out. Murphy requested Mike C Gaffron stated this is a 6.2 acre property which Montessori school. The property is zoned RR -1 and guide - planned for single - family residential i The current school/daycare use is an allowed co existing Conditional Use Permit. The property is not in the MUSA but needs to up sewer. The site is surrounded on three sides by I MnDNR's Luce Line Trail and Wood Rill SNA.1 Staff has had discussions with Metropolitan to the MUSA only under very specific cond expand, the number of students that utilize the he would be unable to sell the property if it is n is to Mr. Kuruvilla but that this property is review the issues surrounding this property. itains a former church building currently used as a Single Family Rural Residential, 2 -acre minimum,. at a density of one unit per two dry buildable acres. itional use in the RR -1B zone and operates via an its nonconforming septic system or connect to y in the MUSA and on the fourth side by and they have stated the property could be added 1. If the property was re- guided for Institutional Use as part of the 2008 -2030 CMP update, in which case Metropolitan Council would have a chance to review /approve a future re- guiding if it was proposed for residential use; OR 2. If the property was re- guided for some type of commercial use, which would also require a • future CMP amendment before it could be redeveloped for residential use, but which would require a zoning code amendment to allow schools /daycares in whatever commercial zone was chosen; OR PAGE 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2008 7:00 o'clock p.m. • (6. ORONO MONTESSORI, MICHAEL SURUVILLA, 850 WAYZATA BOULEVARD WEST, Continued) If the property was re- guided and rezoned for residential use at a density of at least three units per acre, with a commitment from the City that it would be developed at that density. Gaffron stated if the property was rezoned for residential, W. Kuruvilla would still be able to operate the school. At the time the property is sold, it would need to be developed at a higher density than what the Council has typically preferred for this area. Re- guiding to commercial use would be spot - zoning and potentially would lead to uses not compatible with Orono's intent for this part of the City. Gaffron noted there are two pending projects that might bring sewer and water lines near the property in the near future. The Orono Villas home development across Highway 12 has approved plans to extend sewer and water from the Wayzata Public Works site, which would provide for potential easy connections for the Montessori site. However, that development is awaiting financing and may be proposing changes that would make sewer and water connections to Long Lake more feasible but would be more difficult to connect. In addition, the City'is also looking at a project to serve the adjacent Myrtlewood neighborhood with sewer and perhaps water. This potentially would be extended from the Wayzata Public Works site to the north side of Old Wayzata Boulevard this summer. An extension of sewer and/or water lines to the Montessori site would then be technically feasible. Murphy asked if the Council did not have concerns regarding the density in this area, whether this • issue could be resolved fairly quickly. Gaffron stated if the Council formally committed to the three units per acre, this could then be zoned residential and it would be brought into the MUSA system. McMillan asked whether the Metropolitan Council has given any consideration to matching the existing zoning and density in this area. McMillan noted this property is next to the Luce Line and that the rest of the area is low density. Murphy asked whether the City could extend MUSA to this property and then mitigate the density by transferring the higher density to another portion of the City. Gaffron stated that option could be explored with the Metropolitan Council. Gaffron noted the City at the present time is very close to falling below the required density of the Metropolitan Council in other parts of the City and would need to have some other areaswithin the City designated higher density. Murphy stated to his knowledge there are two parcels along Highway 12 that are guided for higher density. Murphy asked whether those parcels are in the equation Gaffron referred to. Gaffron stated those parcels are not included in that equation since they have not yet been developed. Gaffron indicated the Metropolitan Council•could be informed that those two parcels are zoned higher density and that the City would like to keep this area lower density. Kuruvilla stated their intention is to continue to run the school for the indefinite future and that he has • a concern about the limitation that could be placed on the property if the zoning is changed. PAGE 4 of 9 • ORONO CITY Monday 7:00 (6. ORONO MONTESSORI, MICHAEL WEST, Continued) White commented that it is not the intention of property and that city sewer and water would ai City Council is here to work with the residents ES OF THE OUNCIL MEETING kpril 28, 2008 clock p.m. UVILLA, 850 WAYZATA BOULEVARD City to limit the ability of Mr. Kuruvilla to sell the .ally help enhance the property. White stated the much as possible. Murphy asked what the most pressing issue is for Mr. Kuruvilla, the sewer and water connection or the sale of his property sometime in the distant f Iuture. Kuruvilla stated sewer and water would be the most important issue as well as access to the property. Murphy stated unfortunately a left turn out of this property would create an unsafe condition once the new highway is completed. Kuruvilla stated there are no guarantees that any intersection is 100 percent safe. Murphy commented that when the Montessori stoplight on Highway 12, which gave people tl construction on the new highway commenced, reinstalled and there will only be a stop sign to City informed Mn/DOT that a stop sign at Ww • — that the City has been attempting to work with the traffic issues in that area. Murphy stated g Mn/DOT, it could create a situation where the the Montessori School, which would create a N property. ool first went into this location, there was a rility to see whether cars would be coming. Since stoplight has been removed and will not be d on Wayzata. Boulevard. Murphy indicated the a Boulevard would create an unsafe situation and (DOT for the past three years in an effort to resolve the proposed layout of the new highway by would be going 50 to 60 miles an hour in front of unsafe condition for people attempting to exit the White stated the City has to look at the future zoning of the property and the potential impacts that rezoning of the property would have on the City: I White stated he understands the concerns of Mr. Kuruvilla and that the City will continue to work, with Mn/DOT and the Metropolitan Council to try to resolve these issues. i Kuruvilla stated if access to his property is made, look elsewhere for the same services that he offe'. his ability to operate the Montesorri School at thi McMillan pointed out the City is not trying to co; him to help resolve these issues. McMillan note( MUSA system. The City Council took no.formal action on this it lore difficult, it has the potential to make people . Kuruvilla requested the City Council not constrain location. strain Mr. Kuruvilla and will continue to work with the property is disadvantaged by not being in the MAYOR/COUNCIL REPORT Mayor White welcomed Interim City Administra lor Jay Kiedrowski to the City of Orono, noting that • Mr. Kiedrowski has a strong background in finance and public management. PAGE 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2008 7:00 o'clock p.m. • (MAYORICOUNCIL REPORT, Continued) Rahn noted he attended the Long Lake Fire Department's pancake breakfast this past Sunday and that it was a nice community get- together. Rahn suggested the Navarre Fire Department consider holding a similar - event. White commended the Public Works Department for the fine job they have done snow plowing this past winter and the patching of the roads recently. Murphy suggested the City consider holding an open house in the Public Works Department to help inform the residents about the services the City provides. CITY ENGINEER'S REPORT Kellogg stated he had nothing to report. CITY ADMINISTRATOR'S REPORT *7. 2008 MILL AND OVERLAY PROJECT Murphy moved, Rahn seconded, to approve the 2008 mill and overlay project, to be completed • by Astech Surface Technologies Corporation at a cost not to exceed $448,441.50. VOTE: Ayes 4, Nays 0. *8. AWARD OF 2008 STREET SEAL COAT BID Murphy moved, Rahn seconded, to award the 2008 street seal coat bid to Pearson Brothers, Inc., with Alternate No. 1— Granite Chips, for a total cost of $88,802.50; and to amend the PIR Fund budget to reflect the expenditure. VOTE: Ayes 4, Nays 0. *9. TH12 SEWER AND WATER SERVICE CONNECTIONS — APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR QUOTES Murphy moved, Rahn seconded, to approve the plans and specifications for the TH 12 Sewer and Water Service Connections for the Hilloway Shopping Center and Water Main Looping from 2060 Wayzata Boulevard to 2210 Wayzata Boulevard. VOTE: Ayes 4, Nays 0. Murphy moved, Rahn seconded, to authorize the advertisement for quotes for the construction of the improvements for the TH 12 Sewer and Water Service Connections for the Hilloway Shopping Center and Water Main Looping from 2060 Wayzata Boulevard to 2210 Wayzata Boulevard. VOTE: Ayes 4, Nays 0. *10. AWARD OF 2008 LIABILITY AND WORKERS COMPENSATION INSURANCE PACKAGE Murphy moved, Rahn seconded, to award the 2008 insurance package effective January 1, 2008, • to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $74.608; PAGE 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday j April 28, 2008 • 7:00 i'clock p.m. • • ( *I0. AWARD OF 2008 LLIBILITYAND PACKAGE, Continued) comprehensive municipal property and cas $20,877; open meeting law, $490; and golf c Murphy moved, Rahn seconded, to affirm 1 was adopted January 10, 2005. VOTE: Ay 11. ACCEPT DONATIONS FOR ENV 2008 C O MPE NSA T I O N I NS UR A N CE package, $88,806; umbrella excess liability, liquor liability, $563. VOTE: Ayes 4, Nays 0. resolution to not waive the statutory limits that 4, Nays 0. AL EVENT KEEP IT COOL: April 20, Murphy moved, Rahn seconded, to accept all'the donations from all businesses or persons listed in the Deputy City Clerk Memorandum that were used to create this event, promote or give away at the Environmental Event KEEP IT COOL held on April 20, 2008. VOTE: Ayes 4, Nays 0. *12. CARPET REPLACEMENT FOR PUBLIC WORKS Murphy moved, Rahn seconded, to approve the purchase of vinyl flooring and carpet replacement for Public Works per the proposal submitted by Hiller's Flooring America dated April 24, 2008, in an amount not to exceed $15,450.70, and to amend the Improvement/Equipment Capital Outlay Fund budget to reflect_this expenditure. VOTE: Ayes 4, Nays 0. Interim City Administrator Kiedrowski noted. he, has begun the process of compiling a list of items that should be addressed this summer and that he welcomes the opportunity to work for the City of Orono. CITY ATTORNEY'S REPORT Mattick reported on the issue relating to state ai the subcommittee meeting of the screening boas classification of private streets given by the Cit, the City does not maintain those streets. Mattic recommendation that the City should receive th assessed a fine, but that the City should assume Murphy asked who would be defining the word Mattick stated it is his understanding the City w responsibility similar to what is being done on r. Murphy asked why this issue is being limited to Mattick noted that item was discussed and that t they do not count the private roads within their noting that Kevin Hoglund of Bonestroo attended The subcommittee indicated they do not like the to certain streets and that they do not like the fact that stated it would be the subcommittee's current levels of funding at this time, will not be . iaintenance responsibility of those streets. need to assume a level of maintenance rivate streets. the City of Orono and not state -wide. engineer for the City of Minnetonka indicated that e aid calculation. PAGE 7 of 9 fl MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2008 7:00 o'clock p.m. • (CITYATTORNEY'S REPORT, Continued) Mattick stated the full Screening Board would be meeting in May and that Kevin would be attending that meeting as well. Mattick noted the Screening Board only meets twice a year and that it is likely this issue will not be resolved until the fall. *13. LICENSES AND PERMITS KENNEL LICENSE ` 1. Jim and Judy Hatchett 840 North Shore Drive West SPECIAL EVENT 2. Applicant: Denny's Super 30/Denny Nelson Event: Bass Fishing Tournament Location: Wayzata Marine — Maxwell Bay Date: June 11, July 9, August and September 3, 2008 Time: 3:00 p.m. — Sunset, Wednesdays 3. Applicant: Gear West/Jan Guenther • Event: Duathlon (Run/Bike/Run) Location: Orono School Grounds and Surrounding Area Date: Sunday, May 18, 2008 Time: 7:00 a.m. -Noon 4. Applicant: Greenspring Media Group, Inc., for Stonewood, LLC Event: 2008 Luxury Home Tour Location: 1500 Bohns Point Road Date: June 6 — June 22, Fridays, Saturdays and Sundays Time: Noon — 6:00 p.m. 5.. Applicant: Brad Johnston for Sam and Joyce Marfield Event: Pig Roast with Music Location: 2455 North Shore Drive Date: Tuesday, July 22, 2008 Time: 6:00 p.m. —11:00 p.m. Murphy moved, Rahn seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *BILLS Murphy moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. • PAGE 8 of 9 ORONO CITY Monday; • 7:00 i ADJOURNMENT • 'ES OF THE ;OUNCIL MEETING April 28, 2008 'clock p.m..