HomeMy WebLinkAbout10-22-2007 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, ;October 22, 2007
• 7:00 'clock p.m.
ROLL
The Orono City Council met on the above - mentioned date with the following members present:
Mayor James White, Council Members Lili McMillan, Jim Murphy, Cynthia Bremer, and David Rahn;
City Attorney Soren Mattick; Representing Staff were City Administrator Ron Moorse, Assistant City
Administrator for Long -Term Strategy Mike Gahron, Planning and Zoning Coordinator Melanie Curtis;
City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:00, o'clock p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item No. 10 was added to the Consent Agenda.
Bremer moved, Murphy seconded, to
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING
the Consent Agenda as submitted. VOTE: Ayes 5,
OCTOBER 8, 2007
• Bremer moved, Murphy seconded, to approve the minutes of the Orono City Council meeting of
October 8, 2007, as submitted. VOTE: Ayes 5, Nays 0.
PUBLIC HEARING — 7:00 P.M.
3. CERTIFICATION OF DELINQUEIyT UTILITIES AND GENERAL SERVICE FEES —
RESOLUTION NO. 5680
Mayor White opened the public hearing at 7:02
Moorse noted the residents have until mid November to clear up any delinquencies.
Mayor White closed the public hearing at 7:02
Rahn questioned whether there is an administrative fee that is assessed to the people who do not have
their delinquencies cleared up in time.
Moorse stated they would pay a late fee penalty, and they would also have to pay additional costs for
certifying the delinquency.
Attorney Mattick indicated they would also be charged interest on the delinquent amount.
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5680, a Resolution for the
Collection of Delinquent 2007 Water and Sevrer Utility Service Charges, Recycling Program Fees,
• On -site Sewage Treatment (Septic) Inspection Program, Storm Water Charges and General
Service Fees. VOTE: Ayes 5, Nays 0.
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AGE 1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 22, 2007
7:00 o'clock p.m.
PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE
Kempf had nothing to report but stated he would be available for questions.
PUBLIC COMMENTS
Ed Garlock, 1179 Elmwood Avenue, stated he has resided in Orono for approximately 38 years.
Garlock distributed a sketch depicting his house and driveway. Garlock stated there was a piece of
city -owned property that he had graded and had gravel placed on it to enable cars to access the back of
their lots for storage and other items. In addition, grass and other vegetation have been planted in that
area to improve the appearance.
Garlock distributed photographs of the area after the work was completed. Garlock stated he is now
able to clean up the back area of his property due to the access. Garlock stated he would like to leave
the gravel on the City's property, noting that he has spent approximately $1000 to have the gravel
placed in that area and that it would cost him approximately $700 to remove it. Garlock stated if the
City does require him to remove the gravel, he would like to wait until the spring.
White asked whether he has spoken with the City Administrator and City Engineer regarding this
matter.
Garlock indicated he has spoken with the City Administrator.
Moorse stated the City informed Mr. Garlock that the work should not have been completed on City
property and would need to be removed. Originally the land was open green space.
White commented this area is similar to a lake access.
Murphy stated he is unsure of the relationship of this area to Grandview Avenue that is depicted on the
sketch distributed by Mr. Garlock.
Garlock indicated Grandview is the city -owned property.
Moorse stated it is not a city street but a public right -of -way.
Murphy inquired how primary access is gained to the residence depicted in the photographs.
Garlock stated that person has access off of North Arm Drive and that the portion depicted in the
photograph is the rear of that neighbor's lot.
Moorse stated if Mr. Garlock wanted a driveway, it should have been put on his own property.
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White stated the City Council has taken an oath to be stewards of the City's property and that they are
obligated to ensure that city property remains city property and is maintained properly. White
commented it is highly irregular to have a private resident place gravel for a driveway on city -owned
land and that the Council would likely require its removal. •
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C,
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 22, 2007
7:00 o'clock p.m.
(Public Comments, Continued)
Bremer inquired whether the City would have al �owed anyone to travel on that piece of city -owned
property with a vehicle prior to the gravel being placed on there.
Mattick stated legally speaking, either everyone'in the public would get to use that piece of property or
no one would get to use it and that the City has no records showing that that area has been opened to
public use and thoroughfare, which would mean1that Mr. Garlock does not have a right to drive on that
area.
Bremer inquired whether there is any signage t:
Moorse indicated the Council has indicated sig
his knowledge there is no signage at this locatii
Rahn commented that this now becomes a hard
City would prefer to see it remain sod.
Murphy asked what purpose the City could put
has been erected at this site or other similar sites.
;e should be erected at city -owned lake accesses but to
indicating the land is city -owned property.
issue with the placement of the gravel and that the
property to.
Moorse stated.he is unsure at this point and that'd t was probably originally platted because it was
contemplated that a road may be constructed in that area or land required for drainage at some point.
Murphy stated the larger issue is if the City alloYvs citizens to do what Mr. Garlock did throughout the
City, they would have a terrible mess and that unfortunately the gravel should be removed.
Moorse noted people have requested that they bef allowed to use city -owned land for driveway access in
the past and that the City has not allowed that. II
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McMillan stated this would set a precedent for t
Garlock inquired whether the City is interested
Gaffron stated this is a dedicated public ri;
the City elects to vacate the land, it would
City if it were allowed in this specific instance.
selling the property.
way and that the City does not have the right to sell. If
back to the two adjoining property owners.
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White commented it is unfortunate that Mr. Garlock incurred the expense of putting the gravel in and
would also incur the expense of removing the gravel, but that the City cannot allow residents to place
gravel or other items on city -owned property.
Garlock stated the road does benefit three other
Bremer stated unfortunately the Council canni
that she would be willing to give Mr. Garlock
besides himself.
w the gravel to remain on the city -owned land but
additional time to remove it.
• Moorse inquired whether any erosion control would be necessary if the gravel is removed now.
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AGE 3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 22, 2007
7:00 o'clock p.m.
(Public Comments, Continued)
Kellogg stated dormant seed could be put down as well as fabric to help prevent erosion and that the
work should really be done in the next couple of weeks.
Garlock inquired whether he could purchase the property.
White stated the City would need to vacate the property and then split it between the two property
owners, which they do not foresee doing at this point in time.
Garlock asked whether he could obtain after - the -fact permission for the work.
Rahn stated it is difficult to foresee what the future use of the area will be and that the Council is really
not in a position to vacate the property at this time.
It was the consensus of the City Council that the gravel be removed from the city -owned property.
Dave Runkel, 2684 Casco Point Road, stated this Wednesday is the third and last meeting regarding the
lake vegetation management plan and that in his opinion there is a lack of adequate representation at the
meetings.
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Runkel stated the group is focusing mainly on milfoil and not the entire scope of the problem. •
Approximately ten lakeshore owners attended the last meeting. Runkel stated he recommended that the
project focus on all of the issues rather than just milfoil and that a larger survey should be conducted of
more property owners.
McMillan inquired what other weed problems exist in this area besides the milfoil.
Runkel stated the weeds would probably be considered native vegetation by the DNR and that there was
also a comment made that people attempt to make slough land into lakeshore. Runkel stated he
personally, as well as the other residents that were in attendance, felt the experience so far has not been
a success. Runkel stated he would like to see some representation from the City at the upcoming
meeting.
Murphy inquired whether this is an LMCD project.
Runkel stated this is a Lake Management Association initiative with LMCD participation and that in his
opinion harvesting of the milfoil is not going to solve the problem.
McMillan commented that the Army Corps of Engineers is also involved.
Rahn asked whether one of the issues is that they are not looking at other solutions.
Runkel stated the comment that they use is that the experiment is promising and that in his opinion it is
not promising given the results. The situation on Casco Point has gradually gotten worse, with erosion •
also becoming a problem.
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MINUTES OF THE
ORONO CITY,COUNCIL MEETING
Monday,' October 22, 2007
7:00 o'clock p.m.
(Public Comments, Continued)
Murphy commented it appears there are a number of agencies involved and that they perhaps are not
addressing the situation as the residents would like them to.
Moorse indicated he is unclear about who is actually leading this project.
McMillan stated to her understanding it is a joint project between the LMA and the LMCD and that
there is a belief that native aquatic plants will help crowd out the milfoil. McMillan commented it is
unlikely that the milfoil will totally be removed from the lakes and that there is a delicate balance
between the use of chemicals and the use of natural methods to control the milfoil.
Bremer commented that the lakeshore in the Casco Point area is worse than on the other side of the lake
and encouraged Runkel to continue to attend th1 meetings.
The City Council took no formal action on this item.
ZONING ADMINISTRATOR'S REPORT
*4. #07 -3315 DONNA AND MICHAEL
RESOLUTION NO. 5681
Bremer moved, Murphy seconded, to adopt RES
Variances to Hardcover for the Property Locatei
Nays 0.
1220 TONKAWA ROAD — VARIANCE —
ELUTION NO. 5681, a Resolution Granting
at 1220 Tonkawa Road. VOTE:' Ayes 5,
*5. #07 -3316 MARK ASHTON WITH JOHN TERRANCE HOMES, LCC, ON BEHALF OF
MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS — STONEBAY OUTLOT , — PRELIMINARY PLAT AND CONCEPT PLAN
APPROVAL — RESOLUTION NO. 5682 t
Bremer moved, Murphy seconded, to adopt
the General Concept Plan and Preliminary.
*6. #07 -3319 THOMAS AND ERIN
RESOLUTION NO. 5683
)OLUTION NO. 5682, a Resolution Approving
for Outlot A, Stonebay. VOTE: Ayes 5, Nays 0.
, 1995 FOX RIDGE ROAD — VARIANCE —
Bremer moved, Murphy seconded, to adopt RESOLUTON NO. 5683, a Resolution Granting a
Setback Variance for the Property Located at 1995 Fox Ridge Road. VOTE: Ayes 5, Nays 0.
*7. #07 -3321 KEITH NORD, 1245 LAKEVIEW AVENUE — VARIANCES — RESOLUTION
NO. 5684 1
Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5684, a Resolution Granting
Setback Variances for the Property Located at 1245 Lakeview Avenue. VOTE: Ayes 5, Nays 0.
AGE 5
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 22, 2007
7:00 o'clock p.m.
*8. #07 -3328 MINNEHAHA CREEK WATERSHED DISTRICT, 1570 SIXTH AVENUE —
FINAL PLAT — RESOLUTION NO. 5685
Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5685, a Resolution Approving
the Plat of Wolsfeld Creek. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Rahn stated he utilized the new parking ramp in Mound for the first time and noted that it is surrounded
by a commercial grade pervious paver and that the new ballpark lot will utilize pervious concrete.
Bremer commended the Orono Police Chief and City Administrator Moorse on their good job of
presenting at the Police Commission meeting on Saturday.
Murphy suggested the Orono Police Chief give his presentation at a council work session sometime.
CITY ENGINEER'S REPORT
This item follows the Presentation.
is
PRESENTATION — 8:00 P.M. •
9. WESTONKA SCHOOLS UPDATE — KEVIN BORG, SUPERINTENDENT
Kevin Borg, Superintendent of the Westonka School District, addressed the City Council on the various
school district programs, test scores and the upcoming operating levy referendum. Borg stated in his
opinion the west metro area has some fantastic schools for the children in this area and that the
Westonka School District has undergone an amazing transformation over the past five years to provide a
high - quality education.
Borg gave a brief outline of the school's past academic successes, noting that Westonka has been named
as an "academic outperformer" by Standard & Poors and was one of only four school districts in
Hennepin County that had 100 percent of its schools meet the Adequate Yearly Progress requirements
of the federal No Child Left Behind Act.
Borg commented Westonka is a smaller school but that they do compete academically with many of the
larger schools. Borg indicated Westonka is partnering with Best Buy, 3M, Cargill, MPC Robotics and
SKSC this coming summer, which will allow them to send ten of their students to China. Borg noted
the Carlson School of Business is now requiring that their students take at least one international trip
prior to graduating and that Westonka's partnership with local businesses will help them compete
academically with the larger schools.
Borg noted on November 6, there will be a school board election and a levy that will take place.
Mayor White commended Westonka on their very informative web site and the fantastic transformation
that the school has undergone in the past years to achieve their great academic successes. 0
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MINUTES OF THE
ORONO CITY!COUNCIL MEETING
Monday, October 22, 2007
7:00 !o'clock p.m.
( Westonka Schools Update, Continued)
McMillan inquired whether it is anticipated that
at all.
MN Legislature would change their levy formulas
Borg indicated the levies are critical for the schools to have stable funding and that there are some
funding discrepancies between schools that do not meet the criteria for an urban school and a rural
school, which should be addressed by the Legislature.
Murphy asked how much of a collective presence the superintendents of the local schools have and
whether the schools collectively could persuade fhe Legislature to increase their funding.
Borg stated there is friendly competition bet
job with the students in each school district.
periodically and discuss issues and how they
Borg noted the open enrollment trend has chan
doubled since 2002 -2003. Borg stated a key is
required for special education, which currently
school districts and that the area schools do a fantastic
indicated the local superintendents do get together
.ld be prioritized.
and that Westonka's open enrollment has more than
that Westonka faces is the amount of funding
zprises 20 percent of their budget.
Mayor White thanked Superintendent Borg for his update on the Westonka Schools.
CITY ADMINISTRATOR'S REPORT
10. SPRINT AMENDED LEASE
Bremer moved, Murphy seconded, to approve
up to six antennae to be located at the top of tl
$18,924.00. VOTE: Ayes 5, Nays 0.
CITY ENGINEER'S REPORT
City Engineer Kellogg reported on the state aid
last year, the City was in the process of complet
requirements that the City needs to fulfill is to a
January. Kellogg noted this is the first year that
As part of certifying the mileage for the City, B(
exist within the City and the type of streets, whi,
receive.
Kellogg noted the previous certification of mileal
approximately 53 miles, and according to their p,
miles, all types of streets would need to be added
statute reads that there is a municipal state aid str
street system should not exceed 20 percent of the
jurisdiction of the City. Statute 169.01 provides i
to amended lease agreement with Sprint to enable
north water tower, with a 2007 lease rate of
aes facing Orono at the present time. At the end of
their pavement management plan, with one of the
ify their mileage for the year, which happens in
)nestroo has been asked to certify the City's mileage.
:stroo is required to document the miles of streets that
dictates the amount of state aid that the City would
indicated that there was a total mileage in the City of
;ment management plan, in order to reach the 53
gether. Kellogg indicated the MUSA funding
system and the extent of the municipal state aid
tal miles of city streets partially or totally within the
definition of a street or a highway.
PAGE 7
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 22, 2007
7:00 o'clock p.m.
(City Engineer's Report, Continued)
Kellogg stated in his view the way the City had been certifying their miles in past years was accurate in
terms of the statutes but that he wanted to know how State Aid interpreted that language.
On April 6, a meeting was held with MN/DOT where they were asked whether the mileage being
certified by the City is appropriate. The City did not hear anything back from MN/DOT until the last
week in September when the City was informed that this issue was discussed in a subcommittee of the
screening board and that they had reached some conclusions that are not favorable to the City. On
September 27d', a meeting was again held to discuss this issue and the conclusion was that the City is in
error to include their "private roads" and that they should be penalized for including them in the past.
Kellogg noted the Screening Board is the ultimate decision making body. Kellogg noted the Screening
Board will be holding a meeting on October 23rd and that a representative from Bonestroo will be in
attendance to present the City's case on this issue.
Kellogg stated the issue appears to center around the City's rural cul -de -sacs, which are constructed to
city standards. An underlying easement given to the City does allow use of those roads by the public
but requires private maintenance. Kellogg indicated the whole basis for the state aid system is meant to
move traffic through the city and presumably a significant amount of those vehicles are coming from
residences located on the rural cul -de -sacs within the City.
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Kellogg stated in his opinion this issue should be studied further over the next six months by the •
Screening Board rather than arriving at a final decision tomorrow. Kellogg stated if the decision comes
in against Orono, they could be expected to receive less in state aid.
Murphy asked how much the state aid would be reduced.
Kellogg stated at this time he cannot answer that because the condition of the roads also plays a factor in
determining state aid. Kellogg indicated the total mileage that the City claims at the present time is
roughly 53 miles and that the private roadway mileage is approximately 18, which accounts for roughly
30 percent of the total.
Rahn inquired whether other cities are facing the same situation.
Kellogg stated this has been a self - policing process throughout the years and State Aid has not verified
the accuracy of the figures provided by the various cities. Kellogg indicated his office wanted some
clarification on how the miles were determined. Kellogg noted Orono has been a state aid city since
approximately 1959.
Bremer inquired whether all private roads have the underlying city easement, noting that there are some
roads posted in the City as private roads, do not travel on.
Gaffron stated all private roads that have been created since 1978 have an underlying easement.
Bremer inquired whether there are private streets that do not have an underlying easement.
Gaffron stated there are a few private streets that do not have an underlying easement. •
PAGE 8
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MINUTES OF THE
ORONO CITYiCOUNCIL MEETING
Monday, October 22, 2007
7:00 jo'clock p.m.
(City Engineer's Report, Continued)
Bremer stated she would like to see the City A
up to this point.
Kellogg stated the primary reason City Admini
to be a bigger issue than what was originally c<
Bremer recommended the city attorney look to
on this issue.
Moorse indicated he has been working with
involved in this issue if he has not been involved
Moorse attended the meeting was that it appeared
lated.
if there is any case law involving MN Statute 169.01
Knutson on this issue.
Mattick stated his office has looked into this issue and did provide some input into the letter that was
sent to MN/DOT. Mattick indicated the definition of a public road is pretty vague under Statute 169.01
and that the language used in the City's easement says the road is open to public use. The City does
maintain control of the underlying easement and the City has the right to come in and take the road over.
The issue appears to be over the labeling of the roads as private. Mattick stated the easement in his
opinion is more of a maintenance agreement and that he is unsure whether all of the City's easements
contain that language relating to a public's right io use the road.
Murphy stated in his view the City should take the position at the meeting tomorrow that a statewide
audit be conducted of the certified city streets due to the unclear language contained in the statute.
Murphy noted some of this information has already been provided to Representative Gen Olson and that
other alternatives besides the Screening Board should be considered.
Bremer inquired whether there is an appeal process
Moorse stated it could be appealed to the top person at State Aid and then the top person at the
Department of Transportation. Moorse indicated'the information has been provided to the top person at
State Aid but that it should be pointed out that a subcommittee should not be interpreting the language
and making a decision on what is required by state statute.
Mattick stated their involvement was limited to t:
process would be.
White recommended that City Administrator Mo
McMillan suggested some examples be provided
years.
Murphy reiterated that a statewide audit of the cii
CITY ATTORNEY'S REPORT
City Attorney Mattick had nothing to report.
letter and that he is unsure of what the exact appeal
contact Representative Gen Olson tomorrow.
ting the language the City has used over the
should be requested.
PAGE 9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 22, 2007
7:00 o'clock p.m.
*11. LICENSES & PERMITS
There were no licenses.
*12. BILLS
Bremer moved, Murphy seconded, to approve payment of the All Funds Account.
VOTE: Ayes 5, Nays 0.
ADJOURNMENT
Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 8:42 p.m.
VOTE: Ayes 5, Nays 0.
There being no further business to discuss, the meeting was adjourned.
ATTEST:
Linda S. Vee, City Clerk la es White, Mayor
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