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HomeMy WebLinkAbout08-11-2008 Council Minutes�5 • ORONO CITY Monday, 7:00 a OF THE rNCIL MEETING List 11, 2008 ck 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, Lili McMillan, and David Rahn. Representing Staff were Interim City Administrator Jay Kiedrowski, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young: , Council Member Cynthia Bremer was absent. Mayor White called the meeting to order at 7:00 p:m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos: 4 through 9 were added to the Consent Agenda. McMillan moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JULY 28, 2008 McMillan moved, Rahn seconded, to approve the minutes of the July 28, 2008, Orono City Council meeting as submitted. VOTE: Ayes 4, Nays 0.' LMCD REPORT — ANDREW MCDERMOTT; REPRESENTATIVE McDermott reported to the City Council that the milfoil harvesting is coming to a close, noting that the amount of milfoil harvested this year was down from prior years partially due to the late spring and the cooler weather. McDermott stated the movie event sponsored by the LMCD went without event and was fairly successful. McDermott stated the chemical treatment has be i ,completed on three bays and the results are currently being monitored. The LMCD will go on their annual tour this week and will be touring the north end of the lake this Wednesday and the south end of the lake two weeks from now. The LMCD will be relocating its offices from Deephaven to Excelsioriin the near future. The LMCD will also be revisiting their priorities for next year, with the budget being reduced to approximately a three percent increase. McDermott noted a number of residents had requested that the LMCD budget be reduced. i McMillan asked what results have come of the code enforcement. • McDermott stated the most frequent violation was the number of boats being stored on a piece of property and that typically the LMCD would send a letter asking that the boats be removed, followed by a second PAGE 1 i White noted a local newspaper article had mentioned that there was some re- application of the chemicals but that he did.not notice any new posting. Runkle stated the reapplication of the chemicals was on Gray's Bay. Murphy stated he did speak with a couple of residents about the value of the movie night sponsored by the LMCD and noted that there was a good amount of effort taken to minimize the noise impact. Murphy asked whether this is the type of activity that the LMCD would want to promote in the future, particularly since it does not appear to be lake oriented. McDermott stated the LMCD approved the movie event pretty much unanimously and that this could potentially lead to other activities that may not be as desirous for the lake. McDermott commented that any other events planned for the future would have to be discussed carefully. PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE Kempf stated he had nothing to report but would be available for comments. PAGE 2 > w MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2008 7:00 o'clock p.m. • (LMCD REPORT, Continued) letter if there was no response. If the LMCD does not receive any response from either letter, the matter would then be referred to LMCD's attorney. Rahn asked whether the LMCD would take a complaint. from a person regardless if they are adjoining the property that the complaint is concerning. - McDermott stated the LMCD will address all complaints to see whether there is any basis to the complaint or not. Rahn commented he has had a couple of residents state that the LMCD will not take the complaint unless they reside next to the property they are complaining about. McDermott stated to his knowledge the LMCD investigates all complaints. White asked whether there is anything the LMCD would like the City to address. McDermott stated following the LMCD review of their priorities, there may be an item that the LMCD will want the City of Orono to look at, but that at this time there is nothing. McMillan asked whether the milfoil program will be re- evaluated. McDermott stated it would be. McDermott indicated there is not a lot of other technology available at the • present time to deal with milfoil other than chemicals. At the current time the LMCD does not have any plans to purchase any new equipment. White noted a local newspaper article had mentioned that there was some re- application of the chemicals but that he did.not notice any new posting. Runkle stated the reapplication of the chemicals was on Gray's Bay. Murphy stated he did speak with a couple of residents about the value of the movie night sponsored by the LMCD and noted that there was a good amount of effort taken to minimize the noise impact. Murphy asked whether this is the type of activity that the LMCD would want to promote in the future, particularly since it does not appear to be lake oriented. McDermott stated the LMCD approved the movie event pretty much unanimously and that this could potentially lead to other activities that may not be as desirous for the lake. McDermott commented that any other events planned for the future would have to be discussed carefully. PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE Kempf stated he had nothing to report but would be available for comments. PAGE 2 4 ORONO CITY Monday, ' 7:00 PUBLIC COMMENTS Charles Reid, 1400 Baldur Park Road, addressed 1 property. Reid stated he has experienced some di: .City regarding the property and the exact location approximately two feet different than what it shou and indicated that it looked like it•was within the i the house was going to be relocated further back, Reid stated apparently the City does not have a cl be reviewing the minutes to see exactly what was type of meeting be held to discuss this issue. White asked who Mr. Reid has spoken with on S' Reid indicated he spoke with Planner Turner and Turner stated the plans were approved in inches in front of Mr. Reid's house. Reid stated once the screw point was put in and was forward of the house. • Turner stated she did speak with the building in house is where it is supposed to be. 4. Reid stated the building inspector told him he so he came tonight to express his concerns. FES OF THE "OUNCIL MEETING August 11;2008 o'clock p.m. . he City Council regarding the lot next door to his Eficulty with getting some straight answers from the of the residence. Reid stated the staking of the house is ld be., The building inspector has reviewed the property iormal setback. . Reid indicated it was his understanding khich is not being done. Lanswer on the location of the house and that he will discussed and agreed upon. Reid requested that some the building inspector. i and that it appears the front of the house is located 12 Ju could see where the foundation was going to be set, it ector and that to her understanding the location of the it ld call him back but that he did not receive a response,.." White requested the City Administrator look into this situation tomorrow. Murphy stated the average lakeshore setback is a I ery important issue to the City and requested that Staff take the necessary steps to ensure that the house is being constructed in the correct location. ZONING ADMINISTRATOR'S REPORT 3. #08 -3372 CITY OF ORONO CODE REVISE BUILDING PERMIT SURVEY RI Turner noted this code amendment has been revie additional changes requested by the Council have language stating that the building official can exec survey if it is found to be unnecessary and also ad completed by a licensed land surveyor, with a lett acceptable in lieu of an actual foundation survey. • — REVISION OF CHAPTER 86, -d twice previously by the Council and that the .en incorporated into the amendment. Staff has added A a project from a`foundation survey and an as -built d language clarifying that the surveys need to be prepared by a registered land surveyor being !AGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2008 7:00 o'clock p.m. (3. #08 -3372 CITY OF ORONO CODE"ENDMENT, Continued) Rahn stated he would like to see the ordinances that are drafted by the City be kept simple and easy to understand. As it relates to the language contained in Item (a), Rahn recommended that language be incorporated into the ordinance requiring a survey with expansion of the footprint rather than iequiring" surveys with every construction permit obtained. Rahn stated in his view, under the current language in the ordinance, the average resident will conclude that three surveys are required, which isn't necessarily ". the case, particularly in applications for reroofing or siding. Rahn recommended the language be changed to read: The application for a construction permit that increases the structural coverage and/or footprint on the property will require the following. Turner noted a survey would need to be required if there is a second story added to ensure that they are complying with the setbacks. Rahn stated in his opinion less than 30 percent of the applications would require all three surveys and suggested that language relating to expansion of the footprint be incorporated into the ordinance. Rahn suggested sitting down with the building official to discuss this. Mattick asked whether the issue is with impervious surface and whether adding a cantilever would increase the footprint. Rahn stated anything that increases the 1 size of the structure could trigger the requirement for the three AD surveys. Mattick asked whether language that states all construction permits that increase impervious surface should be added. Turner stated that would not work on construction that goes up rather .than out. Gaffron stated the general construction permits for roofing and mechanical are easy exemptions but that the situation becomes more complicated when a homeowner wishes to add a deck, replace a deck, or other type of structure or hardcover. Gaffron recommended Staff look at revising the language to deal . with those types of situations. Rahn stated to have language that is all - inclusive is not necessary and that a lot of this will then be left up to the discretion of the building inspector. Rahn stated anything that expands the three- dimensional size. of the building could trigger it. Turner stated Staff could specify an example of something that would not require the three surveys, such as reroofing or siding. As it relates to accessory structures, there has been a policy that in some situations new surveys are not required if there is an adequate survey available. Turner suggested Staff revise the language and then have Council Member Rahn review it•prior to bringing it back before the Council. Murphy concurred that the ordinance be kept simple and specify exactly what type of applications will • require the surveys. PAGE 4 ,y MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11; 2008 7:00 I'clock p.m. • (3. #08 -3372 CITY OF ORONO CODE AMENDMENT, Continued) Rahn moved, McMillan seconded, to table Application #08 -3372, City of Orono Code Amendment — Revision of Chapter 86, Review Building Permit Survey Requirements. VOTE: Ayes *4, Nays 0. MAYOR/COUNCIL REPORT Murphy reported there has been another peer review from Mn/DOT on the roundabout and that he is unsure what the outcome will be. Murphy stated lie would like to know how many other roundabouts have been constructed by Mn/DOT previously and the type of scrutiny those projects underwent. Murphy commented that he does not foresee Mn/DOT changing their plans at this point. McMillan commented the Dakota Trail has been 1 until September. McMillan noted the signage has recommended that some articles be included in th the fact that the trail is now being used. -McMillai entering the intersections. McMillan recommends increase visibility. Murphy stated the trail in the area of the Wayzata you have bikers coming from the east and west ar Murphy asked if there is t going to be a fence or a i McMillan stated to lies understanding the road in Ming a lot of use even though it will not officially open iot yet been erected at the intersections and local newspapers concerning the rules of the road and noted that users of the trail need to stop prior to i the vegetation -along County Road 15 be cleared to chool has the potential to create a safety hazard when there is only a curb between the street and the trail. - ling of some type that is to be erected in that area. area will be relocated. McMillan noted the Minnehaha Creek Watershed District will be meeting tomorrow and that Mike Gaffron will be - attending the meeting on bluff restoration and stabilization. McMillan requested Gaffron update the Council on what the Watershed District will be doing relating to bluff restoration. White stated he also spoke with Beau Carlson a commented the Dakota Trail will likely become McMillan stated a good component of the trail is CITY ENGINEER'S REPORT Kellogg noted one of the items approved tonight Highway 12 near the Ryan project site. Ryan Coi cost to do the work and that their bid came in at o quotation for approximately half of that. Kellogg site but that the environmental documentation sup the proper procedures if contamination is discover contamination at known intersections with this pit the sightlines along County Road 15. White of the greatest assets of the City. fact that it connects to a number of cities. replacement of the water pipe on the south side of tnies was contacted for an estimate on what it would $100,000. The City was able to obtain another licated there has been contamination found on the -d so far indicates that the City would need to follow but that they presently do not show any na Kiedrowski stated this morning he was informed that Orono Public Works has found some contamination 0 and that they may need to bring in some soil and compact the soil. PAGE 5 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2008 7:00 o'clock p.m. (CITYENGINEER'S REPORT, Continued) Kellogg stated he is unsure what type of excavation the Ryan Companies has been doing. Kellogg noted the same contractor will also be doing the work on the other project awarded this evening. White asked what the type of contamination is. Kellogg stated to his understanding if is petroleum based. Turner stated to her understanding the soil contamination found by the Ryan Companies was worse than . they originally thought but that they have completed the work. The parking lot has been lowered two feet to provide handicap access to the building, which has resulted in substantially greater excavation work. CITY • ADMINISTRATOR'S REPORT *4. APPOINT ELECTION JUDGES — RESOLUTION NO. 5673 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5673, a Resolution Appointing Election Judges for the Primary Election to be Held September 9, 2008. VOTE: Ayes 4, Nays 0. Ik i • *5. APPROVAL TO PURCHASE OFFICE FURNITURE FOR POLICE DEPARTMENT • McMillan moved, Rahn seconded, to approve the purchases of office furniture (2 work stations) . from S &T Office Products, Inc., for $7,328.12 (State Contract). Price includes installation and -tax. VOTE: • Ayes 4, Nays 0. McMillan moved, Rahn seconded, to approve the existing furniture to be taken to K -Bid in Maple Plain for public auction. VOTE: Ayes 4, Nays 0. *6.. ACCEPT QUOTATIONS FOR WATER MAIN REPLACEMENT AT CRYSTAL BAY BUSINESS CENTER McMillan moved, Rahn seconded, to accept the quotation in the amount of $52,305.25 from Burschville Construction, Inc., of Hanover, Minnesota, and to amend the 2008 Water Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. *7. ACCEPT QUOTATIONS FOR TH 12 SEWER AND WATER SERVICE CONNECTIONS McMillan moved, Rahn seconded, to accept the quotation in the amount of $67,408.51 from Burschville Construction, Inc., of Hanover, Minnesota, and to amend the 2008 Sewer and Water Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. • PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING MondayAugust 11, 2008 • 7:00 'clock p.m. CITY ATTORNEY'S REPORT Murphy asked whether there is any news on ,the state aid issue for Orono's local streets. Kiedrowski stated they are finalizing a letter that the mayor will send to the Screening Board and that they have been informed =the Screening Board is amenable to the City removing the private roads and will not be assessing a back penalty. ;l Kellogg stated it is his understanding that the City's two contacts at the state will also be supporting the position, of no penalty but noted that it would be the Screening Board's decision. Kellogg indicated he is hoping to have this issue resolved by October 1St so it does not go back before the screening board this fall. Kiedrowski stated Staff hopes to have a draft of the letter completed by Wednesday for review at the Council workshop. *8. LICENSES & PERMITS SPECIAL EVENT j 1. Applicant: Mark Williams/Mark D. Williams Custom Homes Event: 2008 Fall Remodeler's Showcase Location: .108 Chevy Chase Drive • Date: October 10-12,2008 Time: Friday, 1:00 p.m. — 7:00 p.m.; Saturday & Sunday, Noon -6:00 p.m. 2. Applicant: Mark Williams/Mark D. Williams Custom Homes Event:. 2008 Fall Remodeler's Showcase Location: 2248 Shadywood Road Date: October 10 -12, 2008 Time: Friday, 1:00 p.m. — 7:00 p.m.; Saturday•& Sunday, Noon -6:00 p.m. McMillan moved, Rahn bonded; to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *9. BILLS McMillan moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT McMillan moved, Rahn seconded, to adjourn the Orono City Council meeting at 7:53 p.m. VOTE: Ayes 4, Nays 0. - ATTEST: &4e- ArI4� W/ tj k�% � • Linda S. Vee, City Clerk a es M. White, Mayor PAGE 7