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HomeMy WebLinkAbout09-27-2010 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 • 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 Lili McMillan, Cynthia Bremer, and Doug Franchot. Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long -Term Strategic Planning Mike Gaffron, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor James White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 3, 5 through 8 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Bremer moved, Murphy seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ® 2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 McMillan requested that Page 3 of the minutes, last paragraph be corrected to reflect that the agreements previously entered into were agreements with the Metropolitan Council rather than the City of Long Lake. McMillan requested that Page 9 of the minutes be corrected to say "The Council will need to pass the 1.74 percent increase" rather than 1.47 percent. Murphy stated when he saw Mr. Marfield's letter to the editor in the newspaper, he reviewed the draft minutes of the meeting and requested that Staff amend the minutes to include more comprehensive language on what was said during the discussion of the City's 2008 -2030 Comprehensive Plan. Staff has prepared some additional language to be included in the minutes. White asked if the revisions were taken directly from the audio tape of the meeting. Murphy indicated they are. White requested that Mr. Marfield be provided with a copy of the revisions. Murphy moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of September 13, 2010, as revised, with the additional language drafted by Staff regarding the discussion of the comprehensive plan being added. VOTE: Ayes 5, Nays 0. • White noted Mr. Marfield's comments do not accurately reflect the audio record, particularly in regard to his comment that there was no respect or dignity shown to him that night by the mayor. White commented that it would be nice if Mr. Marfield would contact the newspaper regarding the inaccuracy of the statements. Page 1 of 9 1�, n MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 7:00 o'clock p.m. • (2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 13, 2010, Continued) Mr. Marfield stated he apologizes if he misspoke in the newspaper. Marfield commented he loves this City and was concerned that the City was doing something with the property near the fire station that they will later regret. Marfield indicated he is willing to restate the letter in concert with someone on the council. PLANNING COMMISSION COMMENTS — LINDA FEUSS, REPRESENTATIVE Feuss stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Sam Marfield, 2455 North Shore Drive, asked why the City does not have a benediction after the Pledge of Allegiance. White stated no one has ever offered to do that and asked what he had in mind. Marfield suggested a prayer for the City of Orono, the Council, and the earth be said after the Pledge of Allegiance. Marfield noted he is an ordained minister, an assistant pastor at a church in New Hope that • holds a service every evening at 7:00 p.m. Marfield invited the Council to attend one of the services. Marfield commented he would like to do something nice for Orono before he dies, but that he is unsure what is needed at the moment and that he would welcome suggestions from the Council. Marfield stated he read Jim Murphy's letter of August 24"' and that he is troubled by the following sentence contained in Mr. Murphy's letter: "Terribly concerned that we do not have a citizenry that is equipped with enough knowledge to support good city government." Marfield commented that the Mayor previously stated that he felt he insulted the City Council with his letter, but that in his opinion the citizenry of Orono is pretty smart and educated. Marfield noted he has not attended many city council meetings over the past 36 years until recently when he had something to disagree with. Murphy thanked Mr. Marfield for his comments and what he has done for the City in the past. Murphy noted Mr. Marfield in the past donated a truck and fire boat to the fire station. Marfield indicated he also provided funds to construct a monument in front of the fire hall. Murphy stated he does not appreciate things being taken out of context, such as the one sentence in his letter that Mr. Marfield cited. Murphy pointed out that his letter was referring to the fact that he does not feel that the City Council as a body has done an adequate job of providing information to the constituents on a regular basis. Murphy stated he feels it is incumbent upon the Council to provide that information to the City, which was the context for his language. Gary Demele, 3400 Watertown Road, stated he is here with regard to 3500 Watertown Road. Demele • stated he would like to share some things that are going on at the site. He has been working with Mr. Gaffron and Mr. Kellogg in an attempt to resolve these issues. Page 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 is7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) During the meetings regarding 3500 Watertown Road, the City has had long discussions regarding view corridors. This property contains one of several view corridors in the City. In all of those conversations, they were led to believe that preserving a view corridor meant preserving what exists. Demele indicated he has shared some photographs with Mr. Gaffron and that he will let the Council also look at the pictures to determine what is going on at this site. Demele stated from their point of view, the contractor has obliterated the view corridor and they have a concern with that. The adjoining property owners are also constructing a retention pond along the property line. The contractor's behavior has gotten them nervous about what is going to happen next. Demele indicated he has planted trees in that area and that he feels there is a lack of consideration on the part of the contractor. Demele requested Mr. Gaffron and Mr. Kellogg pay attention to the location of the property line while construction is occurring. Demele stated he hopes his trees do not get knocked down. White asked how the property line is delineated given the wetlands. Demele indicated they have exchanged a -mails with Bonestroo, who is supervising the onsite work, and ® that he was told the property line would be delineated. The contractor started laying pipe over the weekend before the property line was delineated. Demele stated he was told the property line would be delineated and that he would like that done. Demele stated he would appreciate the City paying a little more attention than normal to the work that is being done near the property line and on this property in general. Demele stated they also have an issue with the noise. He has been provided with a copy of the City's noise ordinance, which basically allows work to occur seven days a week, from 7:00 a.m. to 10:00 p.m. during the week and from 8:00 a.m. to 8:00 p.m. on Saturday and Sunday. His wife has an office in the house and is tired of the noise. Demele stated he would encourage the City to review their noise ordinance. The City Council is welcome to spend a week with them to experience first -hand the noise. Demele stated in his view the noise ordinance is fine for little projects but that this is a major project with a substantial amount of noise. Murphy stated as of 45 minutes ago, he was informed that over the weekend a bunch more trees were knocked down. Over the Labor Day weekend he also received a call from Gary's spouse regarding the noise and the tree removal. Murphy noted he did ask Don with Public Works to review the situation following the call over Labor Day. Murphy commented he had the understanding things were resolved with the contractor at that point and that Don felt the contractor knew about the City's tree trimming policy. Murphy stated he also had the understanding that Don would be reviewing the situation periodically. Apparently the contractor has the feeling that the more controversial work can be done on the weekends. • Demele stated on Thursday, before he left to go out of town, the work was going according to plan. He then left and came back on Sunday to find that the property was totally obliterated. Page 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) White asked if an order can be issued preventing'work from being done on the weekends if the contractor is flagrantly committing violations. Mattick stated he does not recall the development contract for this particular property but that typically the City relies on their noise ordinance. The Council does have the ability to restrict the hours of operation but that most of the time the Council simply relies on the code. Mattick stated he is not sure if the City has inspectors on the weekends. If there is a violation, it can be addressed. White stated the work will need to be verified to determine if a violation has occurred. Mattick stated sometimes it is assumed that the existing trees will remain for screening and buffering when the property owner instead is planning to replant new trees. Demele commented the City's discussion regarding preservation of the view corridor implied that what is existing would remain. Mattick stated normally there is a size parameter of the trees that is required. • Murphy commented a significant amount of construction work has occurred on the property and in the general area. • Kellogg noted a culvert underneath the road was replaced. Murphy stated as of Thursday of last week, there was not much remaining that could be cut down. Demele indicated the property is now pretty denuded. Demele indicated he will continue to work with Mr. Gaffron and Mr. Kellogg. PLANNING DEPARTMENT REPORT None MAYOR/COUNCIL REPORT None CITY ENGINEER'S REPORT *3. PREPARATION OF ASSESSMENT ROLL FOR NORTH FARM ROAD SEWER PROJECT — RESOLUTION NO. 5969 Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5969, a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for North Farm Road Sewer Project. VOTE: Ayes 5, Nays 0. Page 4 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 • 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT 4. PLANNING DEPARTMENT — CONSULTANT PLANNER AGREEMENT Bremer asked whether there are any expectations in terms of demand. Loftus indicated they are not committing any specific amount of time and the consultant will only be used on an as- needed basis. Bremer stated she is fine with the agreement but just had a question regarding the amount of time. Loftus stated Staff's work load has fluctuated in the past few months and that the Planning Department's work load is manageable at the present time. Loftus indicated the agreement is designed to avoid Staff having to work extra hours if the work load increases at some point in the future. Loftus noted she will be meeting with Staff on Thursday to discuss the anticipated work load. Bremer commented that this is the slower time of the year for applications and that it is more likely the work load will pick up in the springtime. Loftus stated it likely will and that they could also use his private sector experience to look at issues relating to high density and the revitalization of the downtown area of Navarre. Staff has no formal plan • for when the consultant will be utilized. McMillan asked if the planner will be interfacing with the public and attending council meetings. Loftus indicated Melanie Curtis will be the person more interacting with the public since she will be here on a daily basis but that it is likely he will be attending some of the council meetings. Bremer stated she would prefer the consultant not become an employee at any point in the future and that she would rather have the consultant work more behind the scene, so to speak. Loftus stated Staff is predicting the agreement will only be necessary for one year or less and that they are hopeful the MN State Legislature will give the cities some flexibility on variances in the near future. Should that occur, Staff would like to bring back the City Planner position. Franchot noted there is no compensation cap included in the agreement and that the city administrator should be mindful of the costs. Bremer suggested a monthly accounting be provided to the City Council. Bremer moved, McMillan seconded, to approve the Master Services Agreement between MFRA, Inc., and the City of Orono for Professional Services. Maureen Bellows asked who the consultant is. Loftus stated the firm is MFRA, which is based out of Plymouth, and Ben Gozola will be the consultant working with the City. Bellows asked if this is just someone who was asked to do this. Page 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 7:00 o'clock p.m. • (4. PLANNING DEPARTMENT — CONSULTANT PLANNER AGREEMENT, Continued) Lotus indicated she had a business relationship before with this firm and that this is a short-term agreement. VOTE: Ayes 5, Nays 0. *5. LIQUIDATION OF FORFEITED VEHICLES Bremer moved, Murphy seconded, to liquidate forfeited vehicle through public bid process and /or Minneapolis Auto Auction or similar business. VOTE: Ayes 5, Nays 0. *6. APPOINT ELECTION JUDGES — RESOLUTION NO. 5970 Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5970, a Resolution Appointing Election Judges for the General Election to be held November 2, 2010. VOTE: Ayes 5, Nays 0. *7. APPOINT ABSENTEE BALLOT BOARD — RESOLUTION NO. 5971 Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5971, a Resolution Appointing the Absentee Ballot Board for the 2010 General Election to be held November 2, 2010. VOTE: Ayes 5, Nays 0. • *8. LURTON PARK IMPROVEMENTS Bremer moved, Murphy seconded, to approve the expenditure of $7,500.00 for improvements to Lurton Park and adjust the Lurton Park Fund to reflect the expenditure. VOTE: Ayes 5, Nays 0. 9. METROPOLITAN LIVABLE COMMUNITIES PROGRAM PARTICIPATION Murphy stated the very last paragraph on the first page caught his attention and that he wants to avoid the situation where the City gets involved in something with the Metropolitan Council that will require the City to comply with different requirements at some point in the future. Murphy noted "The housing plan chapter of the CN1P already contains most of the elements that Met Council would expect to see in the required `Housing Action Plan,' with the exception of specifying (1) how much we expect to spend on affordable housing; (2) when do we expect to spend it; and (3) who are the specific beneficiaries." Murphy asked if the Council really knows what they are signing up for since it is not clear that the Council and/or the general community knows exactly where it wants to be in terms of lifecycle housing and affordable housing. Murphy suggested the Council sit down at some point in the future and discuss this issue more in depth. Franchot asked how those questions would be answered. Murphy commented those are the unknowns and that the questions and answers are rather complex. McMillan stated it would take some work by the City Council and HRA to address those questions and asked if the City wants to strengthen the City's HRA. Page 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 • 7:00 o'clock p.m. (9. METROPOLITANLIVABLE COMMUNITIES PROGRAM PARTICIPATION, Continued) White noted he has experience working with HRAs and in his opinion it would difficult to do affordable housing in Orono due to the cost of the land. The developer would need to obtain financial assistance from other sources, and all of those sources require the City to participate in the process and approve the assistance. Murphy stated his concern is that for all the time he has been on the Council, the City has not really addressed this issue. The Council had a workshop a number of years ago to discuss different types of housing, and in terms of affordable housing, the City has not done much strategic planning. The expectation in the larger community is that the Council should be considering that as well as other lifecycle housing. Murphy stated the application with the parcel near the fire station showed the City's lack of direction in that regard. Murphy stated he is not sure how to answer those questions without sitting down and developing some strategic goals. Bremer noted the City has the option to say no to the program and that the City has not received any funds from this program since 2000 and the City has not had anything that would qualify for funding. Bremer asked how long the approval is good for. Gaffron pointed out this is a 10 -year renewal and that the last time the Council set any goals was in 1996. If the City would like to be involved in the program, there will need to be goals that have to be established • for the next ten years. Gaffron indicated he is not sure if it would be possible for the City to become involved in this program two to three years from now. Bremer noted the City did ask the Metropolitan Council to send a representative out to the City to answer these types of questions and was informed that the old representative is retiring and that the new representative is just coming on board. Bremer commented she is assuming other cities are just signing these agreements. White noted the City of Mound utilized some of the funds to improve their downtown area. White stated the funds do not have to be allocated specifically to housing and that the City could perhaps use some of the funds to improve the Navarre area. Murphy stated he is in agreement with Mayor White, but that he has a concern with committing to a specific program with the Metropolitan Council until the City has some strategic goals established. Gaffron stated Staff can submit a letter to the effect that the City is uncommitted at this time and see what the Metropolitan Council's response is. Franchot commented the maximum penalty would be that Orono would not be part of the program, which is currently the situation. McMillan stated the Council should be aware of the disadvantages to belonging to this program. Gaffron stated those are questions that can be asked of the representative but that it is his understanding • this resolution does not tie the City to any particular project. Bremer suggested a letter be written to the Metropolitan Council reflecting the Council's concerns and getting the Metropolitan Council's written input on those concerns. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 7:00 o'clock p.m. (9. METROPOLITANLIVABLE COMMUNITIES PROGRAMPARTICIPATION, Continued) Murphy stated the letter could be attached to the resolution. Bremer recommended the City ask for clarification on certain issues. Gaffron noted Wayzata, Mound, and Minnetonka are the three lake area cities that have taken advantage of this program and received funding in the past. McMillan asked if the City Council is comfortable with the required ALHOA dollar contribution. McMillan noted Hennepin County also contributes to the fund. Gaffron stated as long as the Hennepin County HRA continues to levy for that purpose, it will not be a problem, but that the City is relying on Hennepin County to help meet that obligation. Murphy stated based on the City's experience over the past couple years with the Metropolitan Council and its boilerplate language, he has some concerns that the City has addressed this adequately. Murphy stated in his opinion the program should be looked into further. McMillan asked as it relates to the housing performance scores, if the higher the score the better an individual city is doing. Gaffron stated the lower scoring cities are viewed as "underperforming" and would likely be rated as a • higher priority for funding. McMillan noted Orono has a housing performance score of 39, Minneapolis is 99, Minnetrista is 28, Long Lake is 26, and Wayzata has a score of 18. Bremer moved, Franchot seconded, to table a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. VOTE: Ayes 5, Nays 0, CITY ATTORNEY'S REPORT None *10. LICENSES & PERMITS RESIDENTIAL KENNEL LICENSE 1. Georgette Jabbour 4455 Bayside Road Bremer moved, Murphy seconded, to approve the above listed license. VOTE: Ayes 5, Nays 0. • Page 8 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2010 . 7:00 o'clock p.m. *11. BILLS Bremer moved, Murphy seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ._ 1 11: ►lul ► Murphy moved, Franchot seconded, to adjourn the Orono City Council meeting at 7:52 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk • • ,,,� 7W. Z,-JIU2��) 7 es M. White, Mayor Page 9 of 9