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HomeMy WebLinkAbout05-23-2005 Council Minutes• ROLL ORONO CITY C Monday, I 7:00 o' OF THE UNCIL MEETING ay 23, 2005 I ck p.m. The Council met on the above mentioned date with the following members present:; Mayor Barbara Peterson;'Council members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were, City Administrator Ron Moorse, Planning Director Mike Gaffron, Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:03 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve /Amend Items 9, 10, 11, and 14 were added and item #7 Murphy moved, Sansevere seconded, to 5, Nays 0. PRESENTATION removed from the Consent Agenda. the Consent Agenda as amended. Vote: Ayes • 2. GRANT ACCEPTANCE — REPRESENTATIVE OF CENTER POINT ENERGY Orono Police Officer John Schoenoff introduced a representative from Center Point Energy thanking them for a grant which will enable the pi lice department to replace three of their five defibrillators. Connie Hargest, of Center Point Energy, presented the City of Orono with a matching grant for $3,000, stating that the company began their Community Partnership Grant several years ago to help first responders and communities stay safe. I Murphy moved, Sansevere seconded, approving the acceptance of the Center Point Energy grant of $3,000 to be used toward the purchase of new Automatic Electronic Defibrillators and giving authorization to proceed with the actual purchase. VOTE: Ayes 5, Nays 0. APPOINTMENT 3. APPOINT REPRESENTATIVE TO LAKE MINNETONKA CONSERVATION DISTRICT I Mayor Peterson moved, Sansevere seconded, appointing Andrew McDermott to a one -year term on the LMCD Board expiring on January 31, 2006. VOTE: Ayes 5, Nays 0. The City Council was unanimous in their support of McDermott's appointment, acknowledging him as a strong voice and advocate for the city. 11 PAGE 1 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2005 7:00 o'clock p.m. APPROVAL OF MINUTES *4. REGULAR COUNCIL MEETING OF MAY 9, 2005 Murphy moved, Sansevere seconded, to approve the Minutes of May 9, 2005, as submitted. VOTE: Ayes 5, Nays 0. *5. RECONVENED BOARD OF APPEAL AND EQUALIZATION MEETING MAY 9, 2005 Murphy moved, Sansevere seconded, to approve the Board of Appeals and Equalization Minutes of May 9, 2005, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — IRENE SILBER No representative was present. — Park Tour June 6, 2005, 5:00 p.m. PLANNING COMMISSION COMMENTS — RALPH KEMPF Kempf stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS • Jenna Carlson and Philip Carlson, of Interspace Inc., P.O Box 184, Wayzata, were present to • r express their surprise and frustration to learn this afternoon that their item was not to be reviewed among the items on the agenda this evening. It was their opinion that they were given preliminary approval on April 26, 2005, only to be in limbo regarding when they may begin construction, due to a proposed intersection change that they've learned they may be financially responsible to contribute to. Gaffron stated that, over the past two weeks, the applicants have delayed the process with incomplete documents. He acknowledged that the project appears to be in limbo on both sides, as the City is in the decision making phase regarding the intersection based on recommendations from the consultants and the applicants are in limbo in other areas. Philip Carlson stated that he expected the application to be heard this evening and that things were moving forward based on his most recent conversations with staff. Moorse stated that he had discussed with Philip Carlson on Friday that the application would not be on the agenda because several things were still up in the air, including information from a turnback meeting on Highway 12, which he had attended this morning and was scheduled to discuss with the Carlsons on Tuesday afternoon. Jenna Carlson insisted that the City provide them with an action plan that they could share with their potential lessees and point to as they proceed. She questioned whether the City intended that the applicants put in the frontage road, and stated that these additional costs would be a heavy burden for them. PAGE 2 of 7 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2005 • 7:00 o'clock p.m. • U (PUBLIC COMMENTS, Continued) Moorse explained that a different access, as prop this property, but the topographic issues would h construction. The City agreed to pay to have the be done to match the site to the intersection. Though the delays due to the intersection are no reflected in the record that this delay has adverse commitments and timelines to move forward wi Philip Carlson stated that he has seen estimates topographies of the site. He maintained that he clients and asked for a straight answer. i by the consultants, would potentially benefit to be resolved before proceeding with any licants' engineer work out what would need to ult of their own, Jenna Carlson wished to have it affected them, as they have financial interested businesses for these office spaces. $150,000 to change the intersection and ild not pass along that type of expenditure to his Murphy suggested the Carlsons meet with staff and council members Tuesday afternoon to discuss the specifics. While he apologized that the delay may be causing the Carlsons undo angst, Murphy felt the information that staff had to share with them would be helpful, as the tumback of Highway 12 was more than a mere intersection change. Murphy acknowledged that it was unfortunate that the Carlsons' project happened to fall within the same timeline as the tumback project, but also pointed out the unique opportunity it affords them which could be further detailed Tuesday. Jenna Carlson reiterated her objection that they were removed from the agenda this evening without being given prior notice than this afternoon, nor any action plan. Sansevere stated that, had the item been on the e` due to the lack of information regarding the potei needed to hear what the tumback committee had recommendation. Gaffron suggested that Engineer Kellogg attend t Philip Carlson voiced his frustration that, in essei intersection seems to be falling upon the burden i should be shouldering the entire cost responsibili intersection. Murphy pointed out that the City paid the initial would be feasible to expect that several business access improvements because they each will ab; ring's agenda, he would have tabled or denied it i1 intersection change anyway. He felt he share before making any kind of meeting to answer questions Tuesday as well. e, anything that is decided with regard to the the applicant. He questioned why the applicant of changes the city wishes to make to the 1,200 for the engineer's report, noting that it along highway 12 will be sharing the cost of .utely benefit from the changes. PAGE 3 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2005 7:00 o'clock p.m. • ZONING ADMINISTRATOR'S REPORT *6. #04 -3060 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD — AFTER - THE -FACT CONDITIONA USE PERMIT — RESOLUTION NO. 5325 Murphy moved, Sansevere seconded, adopting RESOLUTION NO. 5325, a Resolution granting an after - the -fact conditional use permit and hardcover variance for grading and retaining walls within the lake yard subject to the recommended removals. VOTE: Ayes 5, Nays 0. 7. #05 -3103 JACK AND KARI OLSON,1966 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5326 McMillan asked if the resolution acknowledged the condition that no further requests could be made with respect to this property. Murphy questioned whether the applicants were aware of this addition. Attorney Barrett stated that the Resolution and the minutes reflect this condition; therefore, no amendment was necessary. White moved, Murphy seconded, to adopt RESOLUTION NO. 5326, a Resolution allowing a • 20' deep X 22' wide detached garage to be constructed at 1699 Shadywood Road. VOTE: Ayes 5, Nays 0. *8. #05 -3106 CINDY AND BRAD MCDONNELL, 1420 BALDUR PARK ROAD — VARIANCE — RESOLUTION NO. 5327 Murphy moved, Sansevere seconded, adopting RESOLUTION NO. 5327, a Resolution granting hardcover and structural coverage variances to construct an 80 s.f. covered porch subject to the removal of all plastic and fabric liners from landscaped areas, the rock fire ring, and 250 s.f. of driveway hardcover. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Though he wished to share the details at their work session Tuesday, Murphy stated that he attended an interesting meeting regarding the tumback, which revealed an equally interesting situation for the previous applicant and other businesses, and could potentially involve the County. With regard to the walls along the new highway corridor, Murphy stated that he had been getting some good feedback from citizens thus far. n U PAGE 4 of 7 4 • • ,Arae)et4Z)1VA Monday, I 7:00 o' PUBLIC SERVICE DIRECTOR'S REPORT *9. AWARD CONTRACT - PROJECT Murphy moved, Sansevere seconded, awardin; watermain improvements to MinnComm Utili in the amount of $92,665.00 to be funded from the 2005 Water Fund capital budget to reflect *10. ACCEPTED QUOTATION —3980 Murphy moved, Sansevere seconded, accept Station improvements from Red Pederson L of $3,000 to be funded from the Sewer Fund Fund budget to reflect this expenditure. VO OF THE rNCIL MEETING 23, 2005 C p.m. PARK WATERMAIN IMPROVEMENTS the contract for the industrial park 7 Construction Company, Mora, Minnesota, he Water Fund with a budget adjustment to its expenditure. VOTE: Ayes 5, Nays 0. ROAD LIFT STATION PROJECT the quotation for the 3980 Dahl Road Lift ties, Inc., Hopkins, Minnesota, in the.amount th a budget adjustment to the 2005 Sewer : Ayes 5, Nays 0. Murphy moved, Sansevere seconded, accepting the quotation for the 3980 Dahl Road Lift Station improvements from Electric Resource Contractors Minneapolis, Minnesota, in the amount of $7,875 to be funded from the Sewer iFund with a budget adjustment to the 2005 Sewer Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. Murphy moved, Sansevere seconded, accel Station improvements from Ford Construc $10,875 to be funded from the Sewer Fund budget to reflect this expenditure. VOTE:. CITY ADMINISTRATOR'S REPORT *11. COMPUTERIZED CRIMINAL HIS'I INQUIRIES — ORDINANCE NO. 25, THIRD Murphy moved, Sansevere seconded, adopt . amending the Orono Municipal Code by ad Regarding Computerized Criminal History Ayes 5, Nays 0. 12. COOPERATIVE AGREEMENT Moorse explained that, since the road serving tl in Medina and Orono, the cities developed a cc the maintenance of both the roadway and utiliti road will serve the Park Ridge Acres developm existing homes in Orono. the quotation for the 3980 Dahl Road Lift Inc., Excelsior, Minnesota, in the amount of a budget adjustment to the 2005 Sewer Fund 5, Nays 0. AND DRIVER'S LICENSE HISTORY ORDINANCE NO. 25, Third Series, ng Section 2 -73 and amending Section 26 -32 (5) id Driver's License History Inquiries. VOTE: MEDINA Park Ridge Acres development in Medina is both perative agreement to clarify the responsibility for s located within the right of way. The proposed nt in Medina, extending into Orono to serve four PAGE 5 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2005 7:00 o'clock p.m. • (12. COOPERATIVE AGREEMENT WITHMEDINA, Continued) With regard to the work session in which several citizens voiced concern, Murphy felt it relevant to note on the document that construction traffic will move in and out at the rail access. In addition, Murphy suggested it be noted that no tax dollars will be used or burden placed upon the citizens for this roadway. Finally, he wished to define the specific `improvements' that will be made to Townline Road. Kellogg stated that MnDOT had approved the cooperative agreement which designated construction traffic entering and exiting off of trunk Highway 12. Gappa stated that the improvements to Townline are merely a pavement replacement project to support a 9 ton pavement design. McMillan asked if the City of Independence had seen the cooperative agreement and were okay with the document. Moorse stated that their City Council representative and administrator had participated in the negotiations and agreed to these terms, though he would ask for a letter of acknowledgement from them. White moved, McMillan seconded, to authorize the City Administrator to make the changes to the document as discussed this evening and authorize him to execute the Cooperative • Agreement with the City of Medina regarding Spruce Way. and Townline Road. VOTE: Ayes 5, Nays 0 13. FIXED ASSET CAPITALIZATION Murphy questioned the threshold range. Moorse explained that it was the intent to establish a policy under which capital items be accounted for and depreciated if they exceed $1,000 or $5,000 respectively. Murphy moved, Sansevere seconded, to establish a capitalization threshold for non- proprietary funds of $5,000, and for proprietary funds of $1,000. VOTE: Ayes 5, nays 0. *14. I -394 H.O.V. LAND —RESOLUTION NO. 5328 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5328, a Resolution calling for the Commissioner of Transportation to address the I -394 H.O.V. lane concerns. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT - Attorney Barrett had nothing to report. *15. LICENSES None PAGE 6 of 7 c: • ORONO CITY C Monday,1 7:00 o' *16. BILLS Murphy moved, Sansevere seconded, to app Ayes 5, Nays 0 ADJOURNMENT Sansevere moved, Murphy seconded, to adj 2005 at 8:06 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk OF THE NCIL MEETING y 23, 2005 ck p.m. payment of the All Funds account. VOTE: the Orono City Council Meeting of May 23, Barbara PAGE 7 of 7