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HomeMy WebLinkAbout10-27-2008 Council Minutes14 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o, clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members James Murphy, Lili McMillan, Cynthia Bremer,.and David Rahn. Representing Staff were City Administrator William Wells, 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 CONSENT AGENDA Item Nos. 9, 11 through 16 were added to the agenda. Bremer moved, McMillan seconded, to Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF followed by the Pledge of Allegiance. Agenda. Item No. 7 was removed from the the Consent Agenda as amended. VOTE: Ayes 5, 22, 2008 Bremer moved, McMillan seconded, to approve the minutes of the Orono City Council meeting of October 13, 2008, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. CERTIFICATION OF DELINQUENT RESOLUTION NO. 5781 Mayor White opened the public hearing at 7:05 p Mayor White explained that each year the City h charges for the various fees charged by the City. $106,817.97, which includes administrative fees. Murphy recommended that the finance director determine the trend. Ron Olson stated this year's unpaid fees are White closed the public hearing at 7:08 p.m. AND GENERAL SERVICE FEES — to certify to the county all unpaid annual service t the present time, the total to be assessed is the unpaid service fees from year to year to )kimately the same as the past two years. • Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5781, a Resolution for the Collection of Delinquent 2008 Water and Sewer Utility Service Charges, Recycling Program Fees, PA 1 of 10 C MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o'clock p.m. (3. CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES, Continued) On -site Sewage Treatment (Septic) Inspection Program, Storm Water Charges and General Service Fees. VOTE: Ayes 5, Nays 0. PRESENTATION 4. THREE RIVERS PARK — DAKOTA RAIL TRAIL PROJECT UPDATE Boe Carlson, Three Rivers Park District, updated the City Council on the Dakota Rail Trail project, and noted they are in the process of transitioning from construction of the trail to operation of the trail. The majority of the construction has been completed, with a small portion still remaining to be completed in Minnetonka Beach. It is expected the contractor will complete some of the outstanding items this week. A good amount of interest has already been shown in the trail. Once the trail is operating 100 percent, there will be regular police patrols as well as maintenance of the trail. Carlson stated one of the transitional pieces is going from the fall to the winter season. If the City is not interested in providing any plowing of the trail, Three Rivers would recommend that the trail be posted with signage that informs the users that the trail is not being maintained during the winter and that caution must be exercised in using the trail. Sarah Wyatt, Three Rivers Park Commissioner, thanked the Council for their support and participation in the development and construction phases of the Dakota Trail. Three Rivers has received some comments from other participating communities regarding certain pedestrian crossings and Three Rivers has determined that special committees should be established to help deal with the issues that have arisen regarding right -of -way. White asked whether there will be signage posted in addition to what currently exists. Carlson stated there are two different phases of signage: One is the regulatory signs, which consists of stop signs and traffic control signs. That portion is approximately 90 percent complete. The second type of signage consists of informational signage, which is the large maps of the system and trail itself. The kiosks will be installed this fall, with the actual signage information either being installed this fall or early spring. White noted there is a new Metropolitan Council lift station being installed at County Road 19 on the northwest corner in Navarre, and suggested that area be used as a parking area for people who would like to utilize the trail. Carlson noted they do work very closely with the Metropolitan Council Environmental Services on a variety of locations and would be willing to contact them regarding that item. '*. • Murphy commended Boe Carlson for his patience and hard work on this project. Murphy thanked Sarah Wyatt and Chris Geers for their efforts as well on this project. Murphy expressed a concern regarding the cross traffic at the bottom of Orono Orchard Road, especially during the winter months when the roads tend to be slippery. Murphy stated overall the Dakota Rail is a tremendous asset to the City of Orono. • PAGE 2 of 10 ri • • U ORONO CITY Monday, 7:00 (4. THREE RIVERS PARS — DAKOTA White asked if the special committees would be Carlson stated initially they will be pulling bring this issue to the state legislature. McMillan stated the City of Orono is blessed wit] activities and parks in this area. McMillan stated cars routinely parked in that area and asked whet] area given the logistics of that intersection. Carlson stated he would request their public McMillan asked whether there will be maps Carlson stated the kiosks will identify specific information as well. McMillan asked whether they are working on a Carlson stated they are currently working with W identified a couple of potential options for connec McMillan requested the City of Orono be kept McMillan asked whether the clearing of vegett .- ! I- OUNCIL MEETING etober 27, 2008 clock p.m. TRAIL PROJECT UPDATE, Continued) of interested people or staff members. interested parties and then policy makers to help them 1 the available options they have for recreational Orono Orchard Road there have been a couple of that area will have signage restricting parking in that director take a look at that situation. that denote available parking. locations and their web site will contain that with the Luce Line in Wayzata. and SRF on that connection and they have brined of the progress being made on that connection. Iwould be monitored by Three Rivers. Carlson indicated they would be monitoring that as part of their maintenance program. White noted that they are also looking at a connection for the Luce Line down in Shorewood. Ralph Kempf, Planning Commission Representa Coffey Cove fishing area on their maps. Kempf odor while other lift stations are relatively odor f Metropolitan Council on ensuring that the lift sto The City Council took no formal action on this i 5. JACOBS MILL HOMEOWNERS Steve Collins, 3680 Jacobs Mill Road, addressed experiencing with the Highway 12 and County R the residents were told that a substantial amount Road neighborhood and the construction project. a large number of trees and have asked Mn/DOT The landscape design person at Mn/DOT has ind areas of Orono, Long Lake, and Wayzata, which recommended that Three Rivers consider adding the mented there are some lift stations that emit a bad and suggested that Three Rivers work with the area is as odor free as possible. TION — HIGHWAY 12 DISCUSSION .e City Council regarding the issues they have been d 6 interchange construction. Prior to construction, forest would be left standing between the Jacobs Mill 'he residents in this area are angry with the removal of construct a wall or berm to help mitigate the damage. ited that the budget for landscaping is $70,000 to cover not nearly enough to replace what has been removed. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o'clock p.m. (S. JA COBS MILL HOMEOWNERS ASSOCIATION — HIGHWAY 12 DISCUSSION, Continued) Collins stated they feel their property' values have been decreased by at least ten percent, which could continue to decline, especially given the current economic situation. Matt Van Slooten, 3640 Jacobs Mill Road, concurred with the comments of Steve Collins, and noted that prior to the construction of their home, they researched this project and since that time there has been a major change in Mn/DOT's plans. Van Slooten indicated they now experience headlights shining into their residence in the early morning hours due to the loss of the trees and that they are seeking the support of the City to address this problem. Patti Strohmeyer, Mn/DOT landscape designer, indicated they are unable to plant trees on that steep slope and that their intent is to plant a substantial amount of sumac in that area, with the rest of the money being used on the area down below to help screen the road. Strohmeyer illustrated on the overhead the approximate areas for the proposed landscaping. Strohmeyer indicated the amount of money designated for landscaping will primarily be used in certain smaller areas rather than along the whole corridor. Barbara Collins stated even if there are six -foot high trees planted, it would not screen the road because their houses are located further down, with the road being higher up. • Murphy recommended the Taylors also be included in these discussions. Murphy commented that the removal of the trees was unfortunate and not in the original plans, but that the plans were changed due to the need for a land bridge to be constructed and wetlands that they were required to mitigate in this area, • which has resulted in the removal of the trees. Murphy noted this item has been discussed regularly with Mn/DOT, but that unfortunately the trees have been removed and the City is now faced with trying to remedy the situation. Murphy stated the landscaping portion of the project is just beginning and that he would suggest Mn/DOT begin meeting with the affected residents to try to arrive at an amenable solution. Murphy noted it will take a number of years for the vegetation to grow and reach the necessary height for adequate screening. Bremer asked if there has been any conversation regarding a possible wall. Summer Taylor, 530 Stubbs Bay Road, stated they have been a part of the meetings since 1996, and that they were assured on a number of occasions that they would be able to have a wall. Later they were told by Mn/DOT that the population is not dense enough for a wall. Since that time, the Jacobs Mill Road development has been constructed, but they were told it still was not dense enough. Robert Taylor stated that Mn/DOT has also conducted noise studies in their front yard and they have determined that there is sufficient noise generated from the highway to cause hearing damage. Murphy stated to his knowledge a wall costs approximately $1 million a mile, and that he was not aware the Taylors were once promised a wall. Murphy stated sound reverberation tests have been conducted up and down the corridor and that the walls will work on sound mitigation only if you are located very close to the corridor. Murphy stated unfortunately the majority of the sound will go over the wall and result in greater noise pollution to the residents. Murphy stated he would be happy to discuss the possibility of a wall at their next meeting with Mn/DOT. Bremer commented in her mind the wall would also help block the visual impact of the highway. • PAGE 4of10 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o'clock p.m. (S. JA COBS MILL HOMEOWNERS Continued) Robert Taylor indicated he would be willing to TION — HIGHWAY 12 DISCUSSION, the wall constructed on his property. Van Slooten stated even a six -foot fence, with landscaping, would also help with the visual appearance. Van Slooten suggested that Mn/DOT consider the best options for the area and then address the costs. McMillan commented that headlights will likely be a problem with the wall. McMillan asked whether the wetland mitigation is being banked at all and that if there is wetland banking that is being done here, there should be compensation to the property owners. McMillan noted the slope is quite steep in the area and that the options are limited for what type of landscaping can be done. Murphy stated Mn/DOT had attempted to mitigate some of the wetlands out west but that the cost of the land became too prohibitive. Mn/DOT was then told they needed to mitigate the wetlands on site and this is not part of a banking system. White agreed with Patti Strohmeyer's suggestionsl for sumac on the slope. Barbara Collins stated for approximately six months of the year when the leaves are gone, they would still have problems with the headlights. Collins noted that they have been told they will not be planting anything until 2010. • Strohmeyer stated the planting would depend on vyhich contractor gets the bid but that the planting would likely not commence until 2010. Strohmeyer indicated there is a program that would allow for early planting but that the residents and the City would have to agree to maintain the plantings. Murphy stated he has devoted a substantial amount of time to this project and that unfortunately Mn/DOT is a very large bureaucratic organization and that they operate on a fiscal basis, with the budgets being projected out three to four years. Murphy stated it is typical for landscaping to be completed at the end of construction and that it is extremely difficult to alter that process. Strohmeyer stated they also attempt to avoid two Collins indicated they also have a concern with informed of what type of lighting is being props Murphy stated they will review that, but that it is downward. McMillan concurred that the lighting should be working at the same time in the same area. lighting in the area and that they have not been understanding the lighting would be directed at now prior to anything being installed. Strohmeyer stated they have discussed a number of different types of trees for the area that might be faster growing and will continue to look at their options. Bremer suggested a meeting be scheduled to discuss the residents concerns and ideas. • Collins asked whether the train would stop blowing its whistle after the highway is completed. PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o'clock p.m. • (S. JA COBS MILL HOMEOWNERS ASSOCIATION— HIGHWAY 12 DISCUSSION, Continued) Murphy stated to his knowledge it will stop once the construction is finished. Murphy stated the City will schedule a meeting and notify the various property owners. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE Kempf stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 6. #08 -3367 TOM AND PATTY KUBALAK, 2623 CASCO POINT ROAD — VARIANCES — RESOLUTION NO. 5782 Patty Kubalak, applicant, was present. • Rahn moved, Murphy seconded, to adopt the resolution containing the revised language, RESOLUTION NO. 5782, a Resolution Granting Variances to Municipal Zoning Code Sections 78- 350, 78 -1403, and 78 -1288, 2623 Casco Point Road. VOTE: Ayes 5, Nays 0. 7. #08 -3382 BOB RITTER ON BEHALF OF BERKSHIRE PARTNERS, LLP, 2745 KELLEY PARKWAY — FINAL DEVELOPMENT PLAN APPROVAL — RESOLUTION NO. 5783 Bob Ritter, Applicant, was present. McMillan suggested the language be changed on page four of the development agreement to say that the trail will be installed when the building is constructed rather than the trail will be constructed at a mutually agreeable time. McMillan expressed concerns that the trail would end up not being constructed later on down the road. Mattick stated the language could read "The trail shall be installed before the certificate of occupancy is issued." White noted the City is paying for this trail and recommended that they obtain the input of Staff for the best time in the budget process that the trail should be constructed. Bremer asked why the language was written as it was. • PAGE 6 of 10 • • r1 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2008 7:00 O'clock p.m. (7. #08 -3382 BOB RITTER ON BEHALF PARKWAY, Continued) Turner stated it was the understanding-of Staff at completed at the time the lot to the east is develo Bremer commented she would like the trail to be BERKSHIRE PARTNERS, LLP, 2745 KELLEY time this was written that the trail would be at the same time on both lots. Murphy asked what the disadvantage would be if the trail was constructed prior to the other lot being developed. Turner stated they would need to work with the property owner of the other lot on the trail. Murphy noted the Council is in agreement that there should be a trail along Kelly. Bob Ritter stated to his understanding the trail is actually located along Highway 12 and that he does not envision a large number of people utilizing the trail. Murphy stated it was his understanding the trail was going to be along the pond and then up Kelly. i Turner illustrated the location of the proposed trail on the overhead. Bremer asked when the location of the trail was Gaffron noted there is a trail that is located on the east side of Crystal Bay Road, a trail that goes along Kelly Parkway, and then a trail alongside the pond, which consists of a trail and a sidewalk next to each other. At the intersection the trail was going to stay along Highway 12, go around the pond, past the bank building, and up to Willow Drive. Bremer stated she would like to leave the language as is and discuss the trail at a later time when they are able to construct the trail along the entire stretch. McMillan stated this is one of the few areas in the City where there is a developed bike trail and that she does not want to see the trail overlooked down the road and not get constructed. Turner stated the language "at a mutually agreeable time" comes from the development agreement with Ryan. Gaffron indicated once the third lot is developed, another portion of the trail could be constructed, and that it would be logical to wait until the trail can bye completed in its entirety rather than construct a portion that dead -ends. Murphy moved, White seconded, to adopt RE; Development Plan Approval for Planned Unit a Building Permit for Orono Professional Ceni LUTION NO. 5783, a Resolution Granting Final velopment No. 3B and Approving the Issuance of H. VOTE: Ayes 5, Nays 0. PAGE 7 of 10 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o'clock p.m. *8. #08 -3385 BILL ROBINSON, 505 WILLOW DRIVE SOUTH = FINAL PLAT — RESOLUTION NO. 5784 Bremer moved, McMillan seconded, to adopt RESOLUTON NO. 5784, a Resolution Approving the Plat of Majestic Spruce Addition, 505 Willow Drive South. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy noted he would be unable to attend the November 17'h Planning Commission meeting. White stated he would attend the November 17ffi Planning Commission meeting. Murphy commented that the Jacobs Mill situation is a difficult one but that the options are limited. Bremer stated it was her impression the neighbors would like an opportunity to ask questions and provide input to Mn/DOT. Bremer noted a letter she received from Hennepin County Public Works Administration is offering to start a pilot program called Dial -A -Ride in this area, and suggested that perhaps the Gillespie Center be contacted to see whether this would be helpful to them. • White displayed the certificates of appreciation that were prepared by Lili McMillan and thanked her for her fine work. • CITY ENGINEER'S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR'S REPORT *9. ACCEPT QUOTATIONS FOR SEWER MAIN REPAIR AT WILLOW DRIVE AND ELM LANE Bremer moved, McMillan seconded, to accept the quotation in the amount of $7,100 from Valley Rich Co., Inc., of Chaska, Minnesota, and to amend the 2008 Sewer Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. 10. ESTABLISH DATE AND TIME FOR CONVASSING BOARD MEETING Murphy moved, McMillan seconded, to schedule Monday, November 10 at 6:45 p.m., for the 2008 Canvassing Board meeting. VOTE: Ayes 5, Nays 0. *11. SERVICE AGREEMENT WITH FIRSTLAB Bremer moved, McMillan seconded, to approve the agreement with FirstLab to continue the Drug • and Alcohol Testing Program, for an initial period of one year and shall be automatically renewed PAGE 8 of 10 • • ORONO CITY Monday, 7:00 (*11. SERVICE AGREEMENT WITH for additional one year periods on the ann: terminated in writing, such termination to the notice of termination. VOTE: Ayes 5, *12. CHANGE ORDER NO. 1 AND WATER SERVICE CONNECTIONS 1 Bremer moved, McMillan seconded, to approv, 1 for the TH 12 Sewer and Water Service Com amount of $63,922.51. VOTE: Ayes 5, Nays 0. *13. CHANGE ORDER NO. 1— CRYSTAL IMPROVEMENT PROJECT Bremer moved, McMillan seconded, to approve Water Main Improvement Project, Burschville Ayes 5, Nays 0. *14. REVISED REQUEST FOR NO. 5785 -Bremer moved, McMillan seconded, to revise I Additional Time Within Which to Complete Ci and to authorize Staff to forward the extension Ayes 5, Nays 0. *15. MUNICIPAL STATE AID STREET NO. 5786 0. OF THE TNCIL MEETING ber 27, 2008 ,ek p.m. Continued) of the execution of the Agreement unless effective 60 days after receipt by either party of FOR PAYMENT NO. 1— TH 12 SEWER AND Change Order No. 1 and Request for Payment No. actions Project, Burschville Construction, in the Y BUSINESS CENTER WATER MAIN Change Order No. 1, Crystal Bay Business Center construction, in the amount of $9,922.96. VOTE: PLAN EXTENSION — RESOLUTION LUTION NO. 5785, a Resolution Requesting ehensive Plan "Decennial" Review Obligations, est to the Metropolitan Council. VOTE: ESIGNATION REVOCATION — RESOLUTION Bremer moved, McMillan seconded, to adopt R State Aid Streets. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick asked whether the Council would like to Mattick noted he would be attending a Council v discussed. White suggested that some written information be meeting being scheduled a few weeks after the inf section be included reflecting some of the options McMillan suggested a report also be obtained have been experienced in that area. UTION NO. 5786, a Resolution Revoking uss the Casco Point underground utilities situation. session in November where this item could be ipiled and distributed to the residents, with a ition is disseminated. White suggested that a were discussed but were elected not to be pursued. ri the utility company on the number of outages that it PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2008 7:00 o'clock p.m. (CITYATTORNEY'S REPORT, Continued) Kellogg stated he did inform NSP that the City would like a representative present at the work session. Bremer stated she has heard that Minnetonka Beach is in the process of burying their utilities. *16. LICENSES & PERMITS KENNEL LICENSES 1. Gregg Rutter 900 Dakota Avenue Bremer moved, McMillan seconded, to approve the above mentioned license. VOTE: Ayes 5, Nays 0. *17. BILLS Bremer moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the meeting at 8:41 p.m. VOTE: Ayes 5, Nays 0:' 7:, : // /(,/ Linda S. Vee, City Clerk Je:s M. White, Mayor PAGE 10 of 10 • 1]