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HomeMy WebLinkAbout04-09-2012 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 • 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Acting Mayor Aaron Printup, and Council Members Cynthia Bremer and David Rahn. Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant City Administrator of Long -Term Strategic Planning Michael Gaffron, Consulting City Engineer David Martini, City Engineer/Public Works Director Jesse Struve, City Attorney Andrea Poehler, and Recorder Jackie Young. Acting Mayor Printup called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 5, 6, 7, 9, 10, and 11 were added to the Consent Agenda. Bremer moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES • *2. JOINT COUNCIL AND PLANNING COMMISSION WORK SESSION OF MARCH 26, 2012 Bremer moved, Rahn seconded, to approve the minutes of the Orono Joint City Council and Planning Commission work session of March 26, 2012, as submitted. VOTE: Ayes 3, Nays 0. *3. REGULAR COUNCIL MEETING OF MARCH 26, 2012 Bremer moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of March 26, 2012, as submitted. VOTE: Ayes 3, Nays 0. PRESENTATION 4. COUNTY ROAD 112 TURNBACK PROJECT James Grube, Director of the Hennepin County Transportation Department, addressed the City Council regarding the process for the CSAH 112 turnback. Grube noted the transfer of Old Highway 12 from the MN Department of Transportation to Hennepin County occurred approximately one year ago, and discussions are now underway regarding the future of County Road 112 between Highway 6 on the west end of Orono and the new bypass. Grube reported that SRF Consulting Group has been selected to advise the Department of Transportation • during this process and that negotiations have been completed with them and a signed contract has been received. Page 1 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. • (4. COUNTTROAD 112 TURNBACKPROJECT, Continued) The turnback of Highway 112 will be a two -year process, during which time the Department of Transportation will work with the consultant and representatives of the City of Orono and the City of Long Lake. They will be looking at what should happen with Old Highway 12 from County Road 6 to the highway bypass. Grube stated he would like to invite the City to identify a number of people consisting of residents and business owners who would be interested in participating with the Department of Transportation on a project advisory committee. Grebe requested the City Council then appoint six or seven people to the committee. In addition, the Department of Transportation would request that someone from staff, possibly the city engineer, also sit on a technical advisory committee. As project manager, Grube indicated he would be overseeing the consultant and working with the two committees. A web site will be available to the residents to access information regarding the tumback process as well as flyers and other information being disseminated to the residents. The tumback fund is primarily financed by the state, with some funds also coming from Hennepin County. The primary source of those funds comes from a portion of the vehicle license tab fees, a portion of the gasoline tax, and sales tax on vehicles. Following that two -year process, the MN Department of Transportation will be looking for approval from the Orono City Council to approve final plans and specifications for the project. Grube stated regular updates will also be provided to the City Council on the progress being made by the two committees. Bremer asked what the deadline is for selecting the committee members. • Gruber indicated he would like to have the names sometime by the end of May or beginning of June. The City Council took no formal action on this item. LMCD REPORT - ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported that the LMCD has been monitoring the water level of Lake Minnetonka. At 928', the LMCD can declare a water emergency, which would allow residents to extend their docks out further into the lake. Currently Lake Minnetonka is below 928'. The low water elevation will be discussed at the next meeting of the LMCD on Wednesday, April 11th. McDermott noted that this will be the last year of the five year study for the herbicide program. Fundraising for treatment of the different bays has been started. McDermott noted the dam was open the majority of the season so Gray's Bay was not able to be fully treated last year. Rahn commented he recently read in the newspaper that there is an elaborate system for approving a water emergency and that he was surprised by that system. Rahn stated he had the understanding the LMCD had the ability to automatically declare a water emergency once the water level reached 928'. McDermott indicated issues with multiple docks are the reason for the LMCD not declaring a water emergency at this time and that individual docks are not a concern. The LMCD has been discussing and • monitoring the situation for a few weeks now. The main concern is that the dock extensions would be for the entire season regardless of the amount of precipitation received. Page 2 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 • 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS - LIZZ LEVANG, REPRESENTATIVE Levang noted some Planning Commissioners attended the joint work session with the City Council relating to the draft hardcover regulations. Levang stated the Planning Commission has six applications that will be reviewed next week. One relates to a new subdivision and two applications deal with bluffs. Levang stated due to the bluff issues, Planner Gaffron has provided the Planning Commission with some information on bluff technicalities that the Planning Commission should be aware of for bluff discussions. In addition, the Planning Commission will be looking at the draft hardcover regulations and the dock rental issue. PUBLIC COMMENTS Anna Williams, Orono resident, expressed some concerns with the change in the proposal to go from three houses to seven houses on the Maple Place development. Williams indicated the neighbors in that area are not happy with the communication.regarding the project and the clearing of trees on those lots. Williams stated apparently in February the seven homes were proposed but noted that the sign was just posted last week. Williams stated in the neighbors' view the increase in density is pretty severe and that going from 100 -foot lots down to 50 -foot lots does not seem to fit within the rest of the neighborhood. At the last meeting the developer proposed that the homes would be 1,500 square feet and would be selling • for 300 to 400,000, which seems inflated. Gaffron stated the Minnesota Legislature, in conjunction with the MN Department of Natural Resources, has ruled within the last three years that cities should allow building permits for individual properties that have been held in joint ownership but not legally combined. In this situation there are seven lots, one with an existing house, and they are all substandard lots. Gaffron noted this is a half acre district. Gaffron indicated when the applicant first approached the City, they were proposing three lots.. Staff attempted to convince the applicant that the lots do not meet the City's standards but that the applicant is within their rights under Minnesota Statutes to develop the lots. Following that review, the applicant then had some financial concerns and came back to the City and withdrew their original application for three lots. A new plan proposing seven lots has been submitted. That plan meets the standards of the DNR and the Minnesota Statutes. Gaffron noted the applicant will be limited to 25 percent hardcover per lot and a 1,500 square footprint for a residence. The developers have agreed that they would make an application for a conditional use permit for the grading, which will be before the City Council on April 23'd for action. The City Engineers are in the process of reviewing the revised grading plan. Gaffron noted the City ultimately does not have the authority to deny the building permits. Gaffron indicated from a Staff perspective, they have done all they can to encourage the applicant to construct fewer homes in this area, but the project with the seven lots will be going forward. The individual homes on each 50 -foot lot will need to meet a 10 -foot setback. Gaffron indicated he expects the applicant will be applying for his first building permit next week sometime. • City Attorney Poehler noted the City's hands are basically tied in this situation and that the City has no control over the price range being asked for the individual lots. Page 3 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012. 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Gaffron indicated Staff did expect tree removal to occur on the lots and noted the trees were not protected by any ordinance of the City. Staff did advise them of some erosion concerns and the applicant was told that he is required to provide some minimal level of erosion control to protect the existing drainage system. An unidentified gentleman encouraged the City Council to drive by the area. A number of very large mature trees have been removed and there does not seem to be any regard for the neighborhood. This project seems out of character for the neighborhood and appears to be contrary to Orono's ordinances and regulations. Bremer noted the City does have a tree ordinance but that it only protects trees in certain locations. Acting Mayor Printup encouraged the residents to attend the City Council meeting on the 23rd when this application will be discussed. PLANNING DEPARTMENT REPORT • *5. #10 -3488 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH - FINAL PLAT - RESOLUTION NO. 6132 • Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6132, a Resolution Approving the Plat of Topside, 825 Old Crystal Bay Road South. VOTE: Ayes 3, Nays 0. *6. #12 -3544 CHARLES CUDD DeNOVO ON BEHALF OF MARY J. BOWMAN TRUST, 1165 FERNDALE ROAD WEST - VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 6133 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6133, a Resolution Granting Variances to Orono Municipal Code Sections 78 -305, 78 -1279, and 78 -1438, and a Conditional Use Permit Pursuant to Orono Municipal Code Sections 78 -966 and 78 -1286 to Allow Land Alteration Within the Lakeshore Setback for the property located at 1165 Ferndale Road West. VOTE: Ayes 3, Nays 0. *7. #12 -3548 ORONO PUBLIC SCHOOL ISD 278,685 OLD CRYSTAL BAY ROAD NORTH, CONDITIONAL USE PERMIT AND VARIANCE - RESOLUTION NO. 6134 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6134, a Resolution Granting Variances to Municipal Code Sections 78 -1279 and 78 -1605, and a Conditional Use Permit Pursuant to Sections 78 -418 and 78 -916, for the Orono Public School District. VOTE: Ayes 3, Nays 0. is Page 4 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. CITY ENGINEER'S REPORT 8. OLD CRYSTAL BAY ROAD OVERLAY PROJECT - BID AWARD Rahn noted there was an issue with safety discussed previously with this project, and asked how the crosswalks will be treated following the overlay. Amundsen indicated the crosswalks will be in approximately the same location as they are currently. Rahn asked whether the City has heard from any representative of the school district regarding any safety concerns. Rahn commented he is not sure what the next level of protection would be, but noted there are off the grid solar signs or illumination that could perhaps be looked at for safety. Amundsen indicated some of those options were explored in the original feasibility study and that they can perhaps coordinate with the City Engineer on those items. Rahn stated he would like to explore those options and the costs associated with them. Printup stated perhaps down the line they could have the City Engineer look at crosswalk improvements. Struve stated it might be worthwhile to install some conduit prior to the overlay to accommodate wires in the event the City Council elects to install some signs at the crosswalks. Rahn moved, Printup seconded, to award the Old Crystal Bay Road overlay project contract to Northwest Asphalt, Inc., in the amount of $93,247.90. VOTE: Ayes 3, Nays 0. *9. ORONO ORCHARD ROAD RECONSTRUCTION/MCES FORCEMAIN INSTALLATION PROJECT - APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS Bremer moved, Rahn seconded, to conditionally approve the plans and specifications for the Orono Orchard Road Street and Utility and Orono Interceptor 7113A Combined Project, and authorize advertisement for bids according to the project schedule as outlined in the staff memo dated April 9, 2012. VOTE: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Rahn stated the only issue he would like to bring up is the Maple Place development and the City's erosion controls. Rahn commented that a large majority of the silt fences are improperly installed on projects and that he would like to see that addressed in some fashion. Rahn suggested that issue be addressed in a future work session. Gaffron stated the City to some extent relies on the Watershed District to oversee the erosion control methods and that perhaps the City is in a better position to monitor the situation. Rahn stated in his opinion the City needs to play a bigger role in erosion controls, especially in light of the fact that silt fences are sometimes placed close to the lake and are improperly installed. Page 5 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. (MAYOR/COUNCLL REPORT, Continued) Bremer recommended the city engineer and the building inspector attend the work session when this item is discussed. Loftus noted she received a call from a resident asking why the City was giving her any direction on her silt fence since she had received approval from the Watershed District and that she did not appreciate the City's involvement in the silt fence. Loftus suggested that perhaps the City should consider sending their concerns to the Watershed District. Bremer commented that as the economy improves, more and more building permits will be issued, and that it would be a good idea to look at this issue further. Printup requested the turnback committee also be placed on the City Council's work session agenda. • CITY ADMINISTRATOR'S REPORT Loftus noted the golf course is now open given the early spring weather, which is earlier than normal. Loftus noted the golf course number has been changed to 473 -1909. Loftus noted the Orono Local Board of Appeals and Equalization is scheduled for Wednesday, April 18'', • at 7:00 p.m. *10. PURCHASE OF REPLACEMENT TELEPHONE SYSTEM Bremer moved, Rahn seconded, to approve the purchase of a replacement telephone system from Nova Communications in the amount of $56,476.49, to be funded from the Improvement and Equipment Overlay Fund, and to amend the Improvement and Equipment Outlay Fund Budget to reflect the expenditure. VOTE: Ayes 3, Nays 0. *11. RENAME PRECINCTS 3 AND 4 - RESOLUTION NO. 6135 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6135, a Resolution Amending Resolution No. 6131 for Re- Establishing Precincts and Precinct Polling Place Locations for Precincts 1, 2, 3, and 4 in the City of Orono to include renaming Precinct 3 to Precinct 3A and Precinct 4 to Precinct 4A. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT Poehler stated she had nothing to report. *12. LICENSES & PERMITS lore Page 6 of 7 • • *13. BILLS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. Bremer moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 7:48 p.m. VOTE: Ayes 3, Nays 0. ATTEST: X . - J /11P -- Linda S. Vee, City Clerk • • Aaron Hale Printup, Acting May Page 7 of 7