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HomeMy WebLinkAbout12-08-2008 Council Minutesf • ROLL 36 - ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 i'clock p.m. 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 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 7:02 p,,-m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 6, 8, 9, 10, 11, 12, 14 through 18 were added to the Consent Agenda. Murphy moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF;NOVEMBER 24, 2008 Murphy moved, Rahn seconded, to approve the mmnutes of the Orono City Council meeting of • November 24, 2008, as submitted. VOTE: Ayes 4, Nays 0. *3. TRUTH IN TAXATION HEARING OF DECEMBER 1, 2008 i Murphy moved, Rahn seconded, to approve the minutes of the Orono Truth In Taxation Hearing of December 1, 2008, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC HEARING — 7:00 P.M. 4. 2009 LEVY ADOPTION HEARING — ADOPTION OF 2009 BUDGET AND TAX LEVY White noted the City held its annual truth -in- taxation hearing on Monday, December 15` Murphy stated the Star Tribune had an article this that it indicated two of the four school districts in year of any city in Hennepin County. Mayor White opened the public hearing at 7:07 p. a There were no public comments regarding this itei Mayor White closed the public hearing at 7:07 U Sunday regarding the area cities' tax increases and .o had the highest dollar increase in total taxes this 'ge 1 of 8 I 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o'clock p.m. • 4. 2009 LEVYADOPTIONHEARING, Continued a. Adopt Final 2008 Levy Collectible in 2009 — Resolution No. 5790 McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5790, a Resolution Approving the Final Tax Levy to Fund the 2009 Budget. VOTE: Ayes 4, Nays 0. b. Adopt 2009 General Fund Budget — Resolution No. 5791 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5791, a Resolution Approving the 2009 Budget. VOTE: Ayes 4, Nays 0. C. Adopt the 2009 Special Revenue Funds Budgets — Resolution No. 5792 Rahn moved, Murphy seconded, to adopt RESOLUTION NO. 5792, a Resolution Approving the 2009 Special Revenue Funds Budgets. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS — LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT S. #08 -3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, 3825 CHERRY AVENUE — VARIANCE Carl Smith, Boyer Builders, and Amy Herman, Applicant, were present. Turner stated the applicant is requesting a hardcover variance to allow 29.5 percent hardcover in the 75- 250 foot zone in order to construct a garage and living space addition to the house. Approval of wetland buffer averaging and wetland setbacks for the addition are also being requested. Turner displayed an overhead of the existing house and proposed addition. Turner pointed out there is a 50 -foot wetland buffer setback for the east wetland and a 16.5 foot buffer for the west wetland. Part of the buffer for the west wetland is located on this property. No impervious surfaces may be placed within a buffer. In addition, there is a 20 -foot setback from the buffer for above -grade structures such as buildings or decks. Buffer areas are to remain undisturbed and relatively unmaintained. Turner displayed the applicant's proposed buffer averaging plan. Turner illustrated the drainage divide • between the two wetlands. John Smyth, the city's wetland consultant, has submitted a report indicating Page 2 of 8 C, • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o'clock p.m. 5. #08 -3388 BOYER BUILDERS ON CHERRYAVENUE, Continued that the applicant's plan is not acceptable. Smyth that it would be more beneficial to improve a buff The Planning Commission recommended approva section of the addition being shifted two feet tows. for the driveway. The shed may remain but must by the applicant showing the change in the garage submitted. Hardcover in the 75 -250 foot zone wa; Further, the Planning Commission recommended applicant providing a plan, acceptable to the City' averaging would occur; and two, approval of buff plan acceptable to the City's wetland consultant a: sidewalk into the 50 -foot impervious surface setb, Planning Staff recommends approval of a hardco-v 28.47 percent hardcover in the 75 -250 foot zone. regarding the appropriate mitigation'for the encro; a remodeling of the whole house, so it is unlikely next 20 or 30 years. Requiring improvement of a existing encroachment as well as for the proposed lake more than the existing situation. White asked what options were considered for OFMATTHEWAND AMYHERMAN, 3825 recommending, rather than utilizing buffer averaging, area ten feet wide adjacent to the wetlands. of the hardcover variance subject to the 24 -foot wide 3 Cherry Avenue and a permeable material being used >e relocated to comply with setbacks. A revised plan ocation and elevation and the relocated shed was reduced from 30.5 to 29.5 percent. )proval of the buffer averaging subject to, one, the wetland consultant, showing where the buffer averaging conditioned on the applicant providing a i elimination of the encroachment of the front variance but without the shed, which would result in addition, Planning Staff also concurs with Mr. Smyth iments into the buffer setback. The addition is part of provement of the buffers would be triggered in the ffer area and/or rain gardens would mitigate for the .croachment and would benefit the wetlands and the iminating the variance. Turner stated the option for eliminating the setbac a different location, which would have resulted in being required. At the present time the property o the house is at 932.4 feet, which barely makes the west has its own elevation requirements, which in increased to 934'. As a result, it would not be fea; Murphy asked whether it would be possible to Turner stated she did not review that option tho likely the hardcover would not be decreased by Murphy commented the proposed plan is a substa would like to see the hardcover decreased if at all McMillan asked what is meant by improved Turner stated John Smyth is looking for a buffer which does not meet the definition of a wetland variances would have been to position the addition in 1 increase in the hardcover due to the longer driveway y has a single -car garage and the lowest opening into oodplain elevation from the lake. The wetland to the ns that the lowest opening into the structure should be )le to reconvert part of the basement back into garage. the amount of hardcover in the driveway at all. ly, but that given the angle of the driveway, it is than half a percent. improvement over what currently exists but that he native vegetative plantings rather than just grass, McMillan asked whether Smyth is suggesting the buffer be a certain width. • 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o'clock p.m. 5. #08 -3388 BOYER BUILDERS ONBEHALF OFMATTHEWAND AMYHERMAN, 3825 CHERRYA VENUE, Continued Turner stated Smyth is recommending 10 feet. McMillan asked whether anything would trigger the east wetland buffer given the location of the addition being located more on the west side. Turner stated the wetland buffer is'triggered for a number of reasons. In this situation it is not, mainly because the addition is split between two wetlands and each buffer requirement is triggered separately. Turner indicated less excavating is required given the fact that the house needs to be raised 18 inches. Rahn commented the proposed addition and house are not that large and concurred that it would not be possible to relocate the addition in a better location. Turner stated the buffer of 16.5 feet is more of the absorption area and the 20 -foot buffer setback is considered more of a firebreak and also provides for some separation from the actual wetland buffer. • Carl Smith, Boyer Builders, stated it was difficult to locate the addition given the building setbacks and the lake setback. Following subsequent surveys, it was discovered there was a wetland on the west side as well, which impacted their plan. They attempted to reconfigure the plan to try to mitigate the amount of soil disturbance, to avoid the setback buffer, and to minimize the footprint of the addition as much as possible. Smith commented this was a difficult lot to work with. • McMillan asked whether the applicant is okay with the improved buffer. Amy Herman stated she is. Rahn asked whether she is also okay with removing the shed. Amy Herman stated they would remove the shed. White commented this lot is similar to a Lakeshore lot and concurred that this is a difficult lot to work with. White stated the City has to be strict with hardcover, particularly on a lakeshore lot, to help protect the lake and wetlands. Murphy stated in this type of situation as it relates to the driveway, he would like the applicants to consider utilizing a pervious mixture of materials to help with the runoff. Rahn moved, Murphy seconded, Application #08 -3388, Boyer Builders on behalf of Matthew and Amy Herman, 3825, Cherry Avenue, to direct Staff to draft an approval resolution requiring removal of the shed, a maximum hardcover of 28.4 percent, and consistent with the recommendations of Staff and John Smyth, wetland consultant. VOTE: Ayes 4, Nays 0. • Page 4 of 8 MINUTES OF THE ORONO CITY .COUNCIL MEETING Monday, December 8, 2008 • 7:00 o'clock p.m. *6. DR. ERICK ENGLUND, 2455 SHADYWOOD ROAD — REVIEW BUILDING PERMIT APPLICATION FOR EXTERIOR MODIFICATIONS Murphy moved, Rahn seconded, to approve the issuance of a building permit for Dr. Erick Englund, 2455 Shadywpod Road. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Rahn thanked the Council members for appointing him to fill the vacancy on the City Council two years ago and stated he has enjoyed his time serving theCity. McMillan, Murphy, and White commended and thanked Council Member Rahn for his contributions to the City. Murphy stated as it relates to the new Highway 12' corridor, the west to the east lane is open but the concrete is too cold for the temporary striping to be added at the present time. Friday, December 19, is a potential date for the opening ceremony. Murphy suggested the ceremony be held at the fire station rather than temporarily closing the highway down. Murphy stated as it relates to the economic infrastructure improvement stimulus package being proposed by the incoming president, the City should be prepared to submit a request if it is deemed necessary for some upcoming street projects. • Murphy stated he would also like the Big Island Committee to meet in the near future to discuss boat trips to. the island next summer and that it was suggested that in conjunction with the boat ride they offer an organized nature trail tour of the island. McMillan commented it would likely help get people to visit the island. • Murphy stated he would like an endorsement of the concept by the committee as well as discuss some ideas for advertising to help promote the island and city. Gaffron indicated he would attempt to arrange a meeting of the committee for sometime next week. Murphy noted some representatives from the University of Minnesota will be conducting some tests on the boat next week in an attempt to determine wheiher there are any deteriorated areas that need to be replaced. CITY ENGINEER'S REPORT City Engineer Kellogg stated as it relates to the stimulus package, his firm does have some staff dedicated to review the various upcoming projects to see if any projects would fit the criteria to qualify for the federal funding. I 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o'clock p.m. • CITY ADMINISTRATOR'S REPORT 7. 2009 FEE SCHEDULE Murphy stated in his view, due to the economic crisis the country is experiencing at the present time, the City Council should review the fee increases more thoroughly and suggested this item be tabled. Mayor White noted there are some significant changes in the fee structure and concurred that the Council could discuss it at their upcoming work session or January meeting. Murphy moved, McMillan seconded, to table Item No. 7. VOTE: Ayes 4, Nays 0. *8. 2009 MEETING SCHEDULE Murphy moved, Rahn seconded, to approve the 2009 meeting schedule. VOTE: Ayes 4, Nays 0. *9. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2009 Murphy moved, Rahn seconded, to approve the schedule for Council attendance at the Planning Commission meetings during 2009. VOTE: Ayes 4, Nays 0. *10. 2008 INTERFUND TRANSFERS AND LOAN PAYMENTS • Murphy moved, Rahn seconded, to approve the 2008 schedule of interfund transfers and loan payments. VOTE: Ayes 4, Nays 0. *11. AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Murphy moved, Rahn seconded, to authorize the City Treasurer to disburse city funds in payment of claims received for the December 22th Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 12, 2009, Council meeting. VOTE: Ayes 4, Nays 0. *12. 2009 NON -UNION EMPLOYEE PAY ADJUSTMENTS AND INSURANCE CONTRIBUTIONS — RESOLUTION NO. 5793 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5793, a Resolution Approving Pay Plan Adjustments for Non -Union City Employees for 2009. VOTE: Ayes 4, Nays 0. CJ Page 6 of 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o `clock p.m. 13. APPROVE FEASIBILITY REPORT AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR CASCO POINT? STREET AND UTILITY RECONSTRUCTION PROJECT McMillan asked how the City would be obtaining bids on all the drainage projects or whether they will be prioritized in some fashion. Kellogg stated the prioritization of the bids would indicated the action by the Council tonight is to m discussing the funding and scheduling at the work McMillan asked whether there would be a Kellogg stated a draft report was provided to the ci Kellogg indicated once the report is finalized, a ha well as on the web site. discussed at the upcoming work session. Kellogg ly get the process started and that they will be of the feasibility report provided to the neighbors. clerk, which could also be posted on the web site. copy could be provided for review at city hall as White noted there is also a meeting scheduled for Thursday at The Good Shepherd to discuss the project and that the report could be available for review there. White commented it is unlikely that all residents will want to proceed forward with the underground utilities given the costs involved. McMillan stated she would like to ensure the proj ect. Kellogg stated his office did ask for written comm responses from 36 property owners. Kellogg indic and/or questions by the residents. Kellogg concur, residents. are provided with the information concerning the on the project and that they have received 36 d his firm would be responding to those comments that it should be a priority to follow -up with the White recommended the City also start discussing the schedule for Orono Orchard Road in the near future. McMillan noted the City would need to Road. Kellogg indicated Orono Orchard Road is with the Metropolitan Council on Orono Orchard for 2012. McMillan moved, White seconded, to approve the Casco Point Street and Utility Reconstruction Project and to order preparation of plans and specifications for the Casco Point Street and Utility Reconstruction Project. VOTE: Ayes 4, Nays 6. *14. PURCHASE OF ACCOUNTING SOFTWARE Murphy moved, Rahn seconded, to approve the purchase of the Casselle Clarity accounting software from Civic Systems. VOTE: Ayes 4, Nays 0. 7of8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o'clock p.m. *15. APPROVE CONTRACT FOR LEGAL SERVICES 2009 Murphy moved, Rahn seconded, to approve the contract for legal services with Campbell, Knutson attached to the Request for Council Action dated December 18, 2009. VOTE: Ayes 4, Nays 0. *16. AMEND FLEXIBLE COMPENSATION PLAN —RESOLUTION NO. 5794 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5794, a Resolution Amending the City of Orono Flexible Compensation Plan. VOTE: Ayes 4, Nays 0. *17. AMEND HEALTH REIMBURSEMENT ARRANGEMENT —RESOLUTION NO. 5795 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5795, a Resolution Amending the City of Orono Health Reimbursement Arrangement. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None *18. LICENSES & PERMITS Annual Liquor Licenses On Sale Liquor and Sunday Narrows Saloon (Orono Liquor, Inc.) 3380 Shoreline Drive Murphy moved, Rahn seconded, to approve the above listed license. VOTE: Ayes 4, Nays 0. *19. . BILLS Murphy moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Rahn moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:08 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Lin a S. Vee, City Clerk mes M. White, Mayor Page 8 of 8