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HomeMy WebLinkAbout06-09-2008 Council MinutesROLL I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members Lili McMillan, Cynthia Bremer and David Rahn. Representing Staff were Interim 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 at 7:03 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 8, 9, and 10 were added to the Consent Agenda. McMillan moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. . I APPROVAL OF MINUTES *2. . REGULAR COUNCIL MEETING O MAY 27, 2008 •McMillan moved, Rahn seconded, to approve the minutes of the May 27, 2008, City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT Kellogg stated the City's NPDES Phase H StormlWater Permit calls for an annual public hearing to provide an opportunity for public input regarding! the City's storm water management efforts. i Mayor White opened the public hearing at.7:06 pI.m. There were no public comments regarding this item. Mayor White closed the public hearing at 7:06 p. The City Council took no formal action on this LMCD REPORT — ANDREW MCDERMOT ' , REPRESENTATIVE McDermott stated the LMCD is currently in the process of evaluating its salaries and an independent firm has been hired to assess those. PAGE 1 of 10 • ,1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. • (LMCD REPORT— ANDREW MCDERMOTT, REPRESENTATIVE, Continued) McDermott reported the first spraying of Carman's Bay has been completed and that he has received a number of phone calls from the local residents indicating they are against the use of chemicals on the bay. The budget for the LMCD is also being addressed at the present time, with the LMCD requesting a large increase in funding from the City of Orono. McDermott stated it is his understanding that the City of Orono is opposed to the amount of the funding increase and that he will convey that to the LMCD at the next meeting. McDermott stated the option to stop all harvesting on the lake in order to fund the chemical spraying is not an ideal solution. McMillan noted there is approximately $240,000 in the Save the Lake fund and that those monies should not be put into the regular LMCD budget in order to help offset the costs from the spraying. Rahn asked if the LMCD has any forecast on what the milfoil will be like this year. McDermott indicated the amount of milfoil depends on a number of factors, including temperature of the lake and water level. McDermott stated it would be difficult to determine what impact the spraying has on the milfoil until several years have gone by., White noted residents should be careful not to turn on their lake - supplied irrigation systems to water their lawns if their lake has been sprayed. McMillan expressed a concern that the residents were not informed prior to the spraying that they would • not be able to use irrigation systems for a period of time following the spraying. McDermott stated he did receive some comments from a few of the property owners who indicated they were unaware and surprised at the length of time they would be unable to use their irrigation systems following the spraying. McDermott noted the LMCD was initially informed it would only be a ban for two weeks. McDermott noted the LMCD has also started to partner with the Minnehaha Watershed District on some matters. McDermott stated the budget would be discussed at the next LMCD meeting but that he will be out of town at the time the vote on the budget would be taken. McDermott indicated he would relay Orono's concerns to the other LMCD board members prior to the vote. PLANNING COMMISSION COMMENTS — DICK KROEGER, REPRESENTATIVE Rice stated she had nothing to report but would be available for questions. is PAGE 2 of 10 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. David Runkle commented the Lake Minnetonka weekend, which was held at the Scott County FE championship training. ZONING ADMINISTRATOR'S REPORT *4. #07 -3299 LOWEBENEDICT, 25 � RESCIND BOUNDARY REARRANGEM] McMillan moved, Rahn seconded, to adopt Resolution No. 5644, for the properties loca VOTE: Ayes 4, Nays 0. *5. #08 -3359 HERB BALDWIN ON BI WEYERHAEUSER, 1540 FOX STREET — NO: 5751 Club had its annual dog show this past Is. Runkle rioted one of his dogs completed his 1 105 ORONO ORCHARD ROAD NORTH — RESOLUTION NO. 5750 SOLUTION NO. 5750, a Resolution Rescinding at 25 and 105 Orono Orchard Road North. OF DAVID AND BETSY. TIONAL USE PERMIT — RESOLUTION McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5751, a Resolution Granting a Conditional Use Permit for Land Alteration for the property located at 1540 Fox Street. VOTE: Ayes 4, Nays 0. j 6. #08 -3360 BOB RITTER WITH BER PARKWAY — COMMERCIAL SITE PLAN This item follows the City Engineer's Report. MAYOR/COUNCIL REPORT This item follows Item No. 6. CITY ENGINEER'S REPORT 7. CITY OF ORONO — CODE REVIEW ORDINANCE Kellogg stated the proposed code amendment ch controlling erosion from construction and other 1 comprised of more than one acre. PARTNERS, LLP, 2745 KELLEY CHANGES ON EROSION CONTROL — :s would add regulations to the City Code regarding disturbing activities that affect sites that are Rahn asked why this code amendment does not apply to the smaller sites, which in his opinion tend to • cause more issues. P. 3 of 10 1`' P ,1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. (7. CITY OF ORONO — CODE AMENDMENT CHANGES ONEROSION CONTROL, Continued) Bremer stated in her view this code amendment should not be delayed and that a second ordinance should be drafted to address the smaller lots. Bremer suggested the matter be referred to the City Attorney for his input. Rahn stated in reality it is the smaller lots that cause problems and questioned why only the larger lots are covered under this ordinance. Rahn stated he would like the City to have an ordinance regulating the smaller lots as well. Turner stated the proposed code amendment changes came from the PCA and that Staff could discuss the issue with the City Attorney. Turner stated Staff would need to review the ordinance more thoroughly to see whether the same regulations could apply to all lots. Rahn expressed concern regarding the amount of dirt and water that run into the lake from various building sites and that the City should be doing more to ensure that proper erosion controls are being followed on each site. Bremer stated in her view the City Attorney would be the appropriate place to start and that she would not like to pass an ordinance only to have it amended in the near future. The City Council took no formal action on this item. 6. #08 -3360 BOB RITTER WITH BERKSHIRE PARTNERS, LLP, 2745 KELLEY PARKWAY — COMMERCIAL SITE PLAN REVIEW Bob Ritter, Applicant; Karl Berg with Berkshire Partners; and Todd Mohagen, Architect, were present. Turner stated the applicant is requesting commercial site plan approval of a 36,000 square foot office building. The request includes a variance to allow the building to have a defined height of 35 feet when the maximum allowed defined height is 30 feet. The site is located directly across Kelley Parkway from the City offices. Turner illustrated the proposed building, the bank building, and the site plan on the overhead. The City Council reviewed the elevations for the building. Turner noted there is circulation through the site and that the issues that Staff and the Planning Commission had were regarding the dumpster enclosure and the dock. The Planning Commission determined that the original location of the dumpster is acceptable. The Planning Commission voted 5 to 1 to recommend approval of the site plan, including the height variance and the 18 -foot deep parking spaces, with the dumpster enclosure location as shown in the revised plan, subject to the following: 1. The issues outlined in the City Engineer's report being resolved; U U 2. The east parking aisle being shifted west two feet to provide more space for landscaping; 3. A lighting plan being submitted; • PAGE 4 of 10 • • U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7.00 'clock p.m. (6. #08 -3360 BOB RITTER WITH BERKSHIRE PARTNERS, LLP, 2745 KELLEY PARKWAY, Continued) 4. The landscape plan being revised to add planting materials north of the building and boulevard trees along Kelley Parkway as well as to respond to the landscape architect's review. !I After further evaluation, the applicant's architect has determined the east parking aisle could not be shifted west two feet as this would make the islands that define the center parking area too narrow to support trees. The doors are not visible from Kelley Parkway. The Commission had found the original location acceptable. In addition to the items noted in the City Engineer's and the Landscape Architect's reviews, Staff recommends the following items also be revised: 1. Landscape plan. The landscape plan does not include screening for the parking areas adjacent to roads or boulevard trees along Kelley Parkway to continue the pattern set in the Stonebay development. t i 2. Lighting Plan: The lighting plan is not complete. Fixture designs were not provided and the architect indicates the light levelsi adjacent to the building need to be increased. Rahn asked if the building height to the top of the roof deck is 29.1 feet. Turner stated to the top of the actual roof deck is 29.1 feet and the parapet is 31'/1 ". Rahn asked whether that exceeds the height of the bank building. Turner indicated the atrium is exempt and that the bank building is similar in height at 31 feet. The proposed building would be constructed at existing grade. Rahn noted the parapet wall would extend more than three feet above the height of the building and asked whether that is allowed by code. Turner stated her understanding of the code is that with a conditional use permit, you are allowed to add three feet of parapet to the height of the building io go over the 30 feet. The parapet wall would qualify for the conditional use permit but that the decorative feature would not. The top of the arch is approximately 40 feet. Rahn asked if the majority of the building is 31.1 Turner stated the majority of the building is 31.1 i Rahn stated his main issue is the 18 foot parking longer. -Rahn questioned whether the building shy appropriate size parking stalls. Turner stated the shorter parking stalls were allov is proposing the shorter stalls for this site. If two tall. tall. c and that in his view the parking stalls should be be made smaller in an effort to allow for the on the site for the bank and that the same architect .itional feet were required to be added to those PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. (6. #08 -3360 BOB RITTER WITH BERKSHIRE PARTNERS, LLP, 2745 KELLEY PARKWAY, Continued) stalls, the extra space would need to come out of the landscaped area. Turner noted under the present plan the applicant has one extra stall, but that if they are required to add the two additional feet, they might end up short-on the required parking. Rahn noted the applicant is over on the amount of required green space. White stated the City typically requires some type of buffer area along the property line. Turner indicated they do have the required five foot setback along the property line but that the applicant found they were short on parking by three or four stalls, which resulted in the proposal to decrease the stalls from 20 feet to 18 feet. Turner stated it may be possible to rearrange the parking and comply with the required number of parking spaces. Mohagen stated the 18 feet is common for parking stalls in a number of cities and that there would be some overlap by some of the larger cars on the curb. Mohagen stated cars nowadays are getting smaller and that the newer ordinances tend to require 18 -foot stalls, which helps to increase the green space. Bremer stated she is concerned that the handicapped stalls may be too short. • Mohagen stated they are required by state code to make the handicapped stalls 20 feet. In their view the • parking for this facility would be ample even if they lost three or four stalls. A fair amount of parking would also be available with the other building and that a cross - easement with that site would be required. Rahn noted your typical Suburban is over 19 feet long and that he would like to see the stalls bigger. Rahn indicated he does not have a concern if they lose three or four parking stalls but that he would like to see the stalls be 20 feet in length. Mohagen stated they would lose more green space if the stalls are increased to 20 feet. White asked what the distance is between the sidewalk and the building. Mohagen noted the building is set back between 40 to 45 feet, which is required by the City's height ordinance. Mohagen indicated the issues are more east/west than north/south. McMillan noted there would be a bike trail that would go around the pond and asked whether there would be a bike trail along Kelley at some point in the future. McMillan stated in her view the trails should be connected. Turner indicated the bike trail would need to be clarified. Given the grades of the site and the ditch, the bicycle path would need to go along the edge of the property line. McMillan requested that item be clarified. McMillan asked if the ditch would be piped. Turner indicated it would be. PAGE 6 of 10 • 1--.] ORONO CITY 7:00 (6. #08 -3360 BOB RITTER WITH PARKWAY, Continued) Kellogg stated the trunk to the storm sewer c located underneath the parking lot. Kellogg TLS OF THE OUNCIL MEETING June 9, 2008 clock p.m. PARTNERS, LLP, 2745 KELLEY fitly exists on this site and that the pipes would be ated there would not be any need to cover the ditch. Mohagen stated the concept behind the different exterior of the building was to distinguish it from the bank and the dental clinic, and that the tower element at the entryway helps to accomplish that as well as define the entryway. Mohagen discussed the proposed building materials, noting that the exterior materials are similar to materials used on-the bank building and dental facility. The glass on the building would appear black and is semi- reflective. McMillan asked if it would be similar to the glass on the dental facility. Mohagen stated it would be. Bremer commented in her view the proposed bui ding is attractive and blends in well with the other two buildings. t Gaffron stated the parking stalls in the city hall parking lot are 18 feet in length but that there is 28 feet between the two parking areas in the parking lot., I A larger vehicle would stick out of the 18 -foot stalls. Gaffron stated 64 feet from one edge of the parking lot to the other is critical and that 62 feet is the • tightest a parking lot could be. Gaffron noted that what is being proposed on this site is 60 feet and that the 18 -foot stalls would only be located on the east side of the site. Rahn commented he would like to see a bigger distance between the two parking areas, which would allow vehicles an appropriate space to back up and exit. i Turner illustrated on the overhead screen the areas that would have the 18 -foot stalls. McMillan inquired about the trash enclosure. Mohagen indicated there is a sidewalk to the south side of the dumpster and that the garbage trucks would have easier access to the dumpster than they currently do. Mohagen illustrated on the overhead screen the location of the dumpster. Bremer asked if there is a landscaping plan for Mohagen indicated there is. Mohagen stated in n regarding the landscape plan being prepared by a states that a registered architect may complete lar a number of years. The lighting next to the build: with Staff on that issue. Mohagen indicated they building. I McMillan requested the lighting shine down side. )nse to the concern raised by the City Engineer ;nsed landscape architect, Minnesota Statute 326.02 ;ape plans and that he has done landscape plans for will be revised and that they are willing to work considering bollard lighting in the area next to the than out. • Mohagen stated they are only interested in having down lighting. PAGE7of10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. (6. #08 -3360 BOB RITTER WITH BERKSHIRE PARTNERS, LLP, 2745 KELLEY PARKWAY, Continued) Bremer suggested the applicant reconsider the parking and to verify the bicycle trail issue. Gaffron stated during the review of the dental office, there was discussion about having a trail connection prior to constructing it and that during discussions regarding Outlot A, there was discussion about whether or not the City expects a trail to be constructed on the north side of Highway 12. Gaffron noted there is a trail system on the south side of Highway 12. McMillan commented it would be a shame not to have a trail on the north side of Highway 12 given the location of the school and that now is the time to address that issue. McMillan stated she would prefer a trail over a sidewalk. Gaffron stated some thoughtful planning would need to be done on the north side of Highway 12 to avoid having the trail located in the bottom of the ditch. White requested Staff provide the Council at their next work session with the trail plan that was discussed previously for the entire area to give the Council a comprehensive view of what was originally contemplated for this area. . • Bremer stated in her view the dumpster and the height variance are not issues but that the parking will need to be revisited. Bremer stated there also does not appear to be any major issues with the lighting • and landscaping plans. Mohagen requested some flexibility on the number of parking stalls. Bremer stated it would depend on the layout of the lot and that she personally does not have an issue with having a few less parking stalls. . Turner noted the lighting levels that were included on the lighting plan were very low along the building and that she did raise that as a concern with the architect. Turner noted the code does not specify a minimum lighting level but that in Staff's view there should be some additional lighting in that area. . Bremer moved, McMillan seconded, to direct Staff to draft an approval resolution for Application #08 -08 -3360, Berkshire Partners, LLP, 2745 Kelley Parkway, commercial site plan. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Rahn congratulated the Orono High School softball team for placing first in the AA state championship. McMillan reported she made a trip out to Big Island and toured the construction on the new bathroom facility and the school. McMillan reported that someone had disconnected the electrical panel and also removed some sheetwork, but that those items were subsequently repaired. McMillan stated the new dock looks very nice and recommended the City send out some thank -you's to the many people who have volunteered their time and services on this project as well as include an acknowledgement on the City's web site. PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Mondayt June 9, 2008 7:00 o'clock p.m. Ii (MAYORICOUNCIL REPORT, Continued) Bremer reported that she and Council Member Rahn attended their first B &Z meeting and that they both found it very helpful and informative. Bremer recommended some type of recognition also be given to people who have donated land to the City, noting that the Carlsons recently donated a piece of land. White noted an event is being planned on Big Island for Wednesday, June 25, for the volunteers and other supporters. i` CITY ADMINISTRATOR'S REPORT *8. 2008 BUDGET ADJUSTMENTS McMillan moved, Rahn seconded, to approve the Senior Housing TIF Fund, and the Improv VOTE: Ayes 4, Nays 0. 2007 budget amendments for the General Fund, ant and Equipment Outlay Fund as presented. *9. 2007 INTERFUND LOAN • McMillan moved, Rahn seconded, to approve a temporary loan from the Community Investment Fund to the Municipal State Aid Fund in the amount of $810,000. VOTE: Ayes 4, Nays 0. *10. APPOINTMENT OF IT TECHNICIAN McMillan moved, Rahn seconded, to approve the appointment of John Enyart to the position of IT Technician effective June 16, 2008, at the pay rate of $22.23 per hour, which is Step 1 of the IT Technician pay range. VOTE: Ayes 4, Nays 0 CITY ATTORNEY'S REPORT There was no city attorney's report. *9. LICENSES AND PERMITS There were no licenses. *10. BILLS McMillan moved, Rahn seconded, to approve pf • Nays 0. of the All Funds Account. VOTE: Ayes 4, PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2008 7:00 o'clock p.m. ADJOURNMENT McMillan moved, Bremer seconded, to adjourn the meeting at 8:45 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Jes M. White, Mayor PAGE 10 of 10 • is