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HomeMy WebLinkAbout07-25-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members James Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representative Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaf -ron, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. McMillan noted the City is experiencing some technical difficulties today and that there will be no audio or live streaming of tonight's meeting. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 4, 5, 6, 8, 9, and 10 were added to the Consent Agenda. Walsh requested the formation of a school committee be added to tonight's agenda and that he would recommend Council Member Printup and himself be appointed to serve on the committee. McMillan noted the City has not had a school committee in the past. Walsh stated it was his understanding the City did have one in the past and that he has raised this item at a previous City Council meeting. Walsh stated he would like the Council to discuss it tonight and then vote on it. Walsh moved, Printup seconded, to add the formation of a school committee to tonight's agenda, with Council Members Printup and Walsh being appointed to serve on the committee. McMillan stated she would like to add it to a City Council agenda in the future and that she does not feel it is appropriate to add it tonight's agenda since Staff and the Council has not had the opportunity to really look into it. Walsh requested that this item be put on the next work session or the next City Council meeting agenda. Walsh moved, Printup seconded, to amend the motion and add the formation of a school committee to the August 8 City Council agenda. McMillan requested Council Member Walsh provide the City Administrator more information about the details of the requested committee. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF JULY 119 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of July 11, 2016, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Jay Nygard, 1386 Rest Point Road, stated he was going to give a presentation on an investigation that was undertaken by the Anoka County Sheriff's Office for possible perjury by Council Member Walsh but that he will defer the presentation until the City's technical problems have been resolved. Nygard indicated he will give the presentation at a future Council meeting. Pam Meyers, Westonka Historical Society, updated the City Council on the activities of the Westonka Historical Museum. Meyers stated the museum recently had a grand reopening that was held the fust week of June to help celebrate the improvements to their building and that approximately 100 people were in attendance. Meyers stated in addition to the grand reopening, the Westonka Historical Museum has had the National Street Rodders Association tour their facility and that the Red Hats Society will be touring the museum later this summer and then visiting the Narrows Caf6. Meyers indicated the Westonka Historical Society also worked with the Orono Park Commission regarding the history of Saga Hills. Meyers stated they learned that back in 1915, Orono Township worked with other nearby townships to form the first area high school. Meyers distributed some newsletters to the City Council on the museum. Walsh thanked Ms. Meyers for coming to tonight's Council meeting and providing an update. Walsh stated the Westonka Historical Museum is a great facility and a great asset to the community. Walsh commented he is glad he is able to lend his support to the museum. Meyers noted the Historical Society will be hosting a House of Moy dinner at the end of September. Katherine Kalweit, 4265 Forest Lake Drive, stated she currently has Frontier Communications for her phone service, which is different from the majority of Orono, and that she and several of her acquaintances have experienced difficulties and outages with their phone service over the years. Kalweit stated two weeks ago she was totally without service for four days and that she is wondering why they pay Orono taxes when a small area is not allowed to have another choice in phone providers. City Administrator Loftus stated from a background perspective, Frontier has a nonexclusive franchise, which means there is nothing to prevent another phone company from entering that area and that it would be a free market decision by the phone provider. Loftus stated if Century Link or another company expressed interest in providing service in Orono, the City would allow them, and that the various phone companies base their decisions to expand on the density of the area. Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Kalweit indicated she did attempt to speak with Frontier over those four days and that she kept getting a busy signal. McMillan suggested Ms. Kaiweit call her and that she will attempt to work with her to get the issues resolved. PUBLIC WORKS/CITY ENGINEER REPORT 3. OLD CRYSTAL BAY TURN LANE — RESOLUTION NO. 6651 Public Works/City Engineer Edwards stated before the City Council tonight is a resolution to partner with the Orono School District on the construction of a turn lane into the high school off of Old Crystal bay Road. The resolution would authorize the City contributing up to $25,000 to develop a turn lane on the southbound section into the school parking lot. Edwards stated the school contacted him last Friday and indicated that they will not be able to commence this project prior to the start of school this fall and that he will be working with them to come up with some bid alternates. McMillan stated she is glad the school had some studies performed to determine which project should be a priority. Edwards stated a northbound turn lane is also desirable, but given the traffic levels, the school felt a southbound turn lane would provide more benefit, particularly given the issue of backups onto County Road 6. Council Member Walsh noted the school has done quite a bit over the years to improve internal traffic circulation and is being proactive by looking at other improvements. Walsh moved, Levang seconded, to adopt RESOLUTION NO. 6651, a Resolution to Partner with the Orono School District for the Construction of a Turn Lane on Old Crystal Bay Road. VOTE: Ayes 5, Nays 0. PUBLIC WORKSICITY ENGINEER REPORT, CONTINUED Edwards reported on the following items: • Right-of-way mowing has been completed • Tree removal has been done in response to the recent storm Trash removal has been performed on Tonka View and the Navarre Municipal parking lot • Watertown Road phase two is currently underway • Culvert repair has been performed on Lyric 2016 sewer cleaning is currently underway • Well No. 4 site preparation is currently underway • The privacy screen at Summit has been rebuilt a The information sign at French Creek has been installed Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. PUBLIC SAFETY REPORT None PLANNING DEPARTMENT REPORT — JOHN THIESSE, REPRESENTATIVE *4. #15-3740 FUNK AND ROGOSHESKE, PRELIMINARY PLAT EXTENSION — RESOLUTION NO. 6652 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6652, a Resolution Granting an Extension of the Preliminary Approval of a Subdivision for Property Located at 540 Old Crystal Bay Road South, File No. 15-3740. VOTE: Ayes 5, Nays 0. *5. #15-3749 PAUL CAMERON, CHAMERLAIN CAPITAL, LLC, 185-225 OLD CRYSAL BAY ROAD NORTH, PRELIMINARY PLAT EXTENSION — RESOLUTION NO. 6653 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6653, a Resolution Granting an Extension of the Preliminary Approval of a Class IH Subdivision for Property Located at 185-225 Old Crystal Bay Road South, File No. 15-3749. VOTE: Ayes 5, Nays 0. *6. #16-3849 ABLE ENERGY COMPANY ON BEHALF OF TOM ROBB, 570 BIG ISLAND, VARIANCES — RESOLUTION NO. 6654 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6654, a Resolution Approving Variances from Municipal Zoning Code Sections 78-570 and 78-1279 for the Property Located at 570 Big Island, File No. 16-3849. VOTE: Ayes 5, Nays 0. 7. #E16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT/RPUD REZONING — RESOLUTION NO. 6655 Senior Planner Gaf -ron stated one of the things before the Council tonight is a letter from the Metropolitan Council approving the Comprehensive Plan Amendment for this development. The Metropolitan Council did note in the letter that the City has now reached the 3.0 units per density level. Gaffron indicated the Comprehensive Plan Amendment will be brought forward as a separate resolution at a future meeting. Also before the Council tonight is a resolution for preliminary plat approval. Gaffron noted the applicants have had Staff's memo since last Friday and that he did mention to them toward the middle of last week that Staff has had some discussions regarding the easterly access point with Hennepin County. Initially the applicants proposed two access points, which Hennepin County indicated they were not in favor of. As a result, the applicants then proposed either a T -intersection or a cul-de-sac. Gaffron indicated the T -intersection is the one that the Fire Department preferred, but in discussions with the City Engineer, City Attorney and Staff, the potentials for that T -intersection were reviewed in relation to how it would function for regular use. Gaffron stated the problem with having a T -intersection is the difficulty for delivery trucks that are going to be coming to the neighborhood on a regular basis to maneuver. Consequently, the recommendation of Staff is that it should be a cul-de-sac. Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, duly 25, 2016 7:00 o'clock p.m. 7. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT/RPUD REZONING — RESOLUTION NO. 6655 (continued) The applicants have also submitted a variety of drawings that show the westerly access point now being straightened out and included in a separate outlot. Because there is potential future development for the landfill area, the road has been straightened out and put into a separate outlot. Both the north/south and east/west street segments will be maintained by the homeowners association subject to a maintenance agreement. That agreement allows the City to choose to maintain the road as a public road at a future date depending on future development within the landfill area. Gaffron noted the stormwater drainage trunk fee is approximately $52,000. The applicants have included in their plans a trail easement along the northern property boundary as requested by the City Council. Per Council agreement, the developer is allowed to put landscaping within that easement with the understanding that the landscaping may be removed at some point in the future should a trail ever be constructed. Gaffron stated at this point the likelihood of a trail ever being there is pretty remote. Staff recommends approval of the resolution. McMillan noted on Page 7, Item 17, it states the proposed individual site plans shall be reviewed for conformity with the conceptual plans attached. McMillan asked if that is referring to the house layouts the applicant provided. Gaffron indicated those are the actual house plans that have been created for this development and that the applicant has provided two or three different house plans. Gaffron stated the reason for including that language in the agreement is at the time of building permit Staff will need to make sure the house plan is conforming to the lot and generally matches the style of development that was shown in those depictions. McMillan asked whether the City has any control regarding the quality of materials used in the development. Gaffron stated the City could only have a limited involvement in that. McMillan noted at the last Council meeting she had mentioned that if the City was going to allow for a larger floor area ratio, she wanted to make sure the development was of good quality and not a "cookie cutter" development. McMillan stated this development has lots that are similar in size and shape and that she would like to ensure quality materials are used. McMillan commented that there are not too many standardized developments in Orono and that she wants to avoid it becoming an eyesore. Walsh noted it was discussed that general building standards should be included in the covenants and that his recollection is that the developer was okay with that. Walsh noted there is not a lot of room for the property owners to maneuver a house on the lots and that they will likely go with one of the proposed house styles. Gaffron noted Item F (3) on Page 15 states that the "developer shall create a homeowners association and covenants establishing development design standards as well as responsibilities for maintenance of roads, etc." Gaffron stated the City Council will have the opportunity prior to final plat approval to review those documents and make changes. Page 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. 7. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT/RPUD REZONING — RESOLUTION NO. 6655 (continued) Walsh stated in his view that will address the issue. McMillan noted on Page 8, Item 22, it says that the City may take over maintenance of the road. McMillan suggested the language spell it out a little more specific and perhaps say if future development occurs. Gaffron indicated Staff can make that change. Gaffron stated the intent of the language is that the City will not take it over until or unless development in the landfill area occurs. McMillan indicated she is fine with that. Levang asked whether anything was lost in the area with the pool and the park amenities when the road was straightened out. Gaffron stated not to his knowledge and that the area may have actually increased slightly in size. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6655, a Resolution Approving the General Concept Plan and Granting Preliminary Plat Approval for Property Located at 3245 Wayzata Boulevard West, File No. 16-3822, with Item 21 on Page 8 being changed to include language specifying that the City may take over future maintenance of the road at the time future development in the landfill area occurs. VOTE: Ayes 5, Nays 0. *8. PLANNED UNIT DEVELOPMENT SIGN PERMIT #2016-00769, KOTTEMAN ORTHODONTICS, 2765 KELLEY PARKWAY Levang moved, Printup seconded, to approve the sign permit as proposed and to authorize the Development Review Committee to approve future sign amendments provided they are consistent with the provisions of Section 78-1468 regarding B-1 requirements which are applied to B-6 properties. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Council Member Printup reported the Fire Advisory Committee had a meeting last week and that the majority of the time was spent talking about issues relating to Big Island and Lake Minnetonka as well as the budget. Printup stated the Fire Chief will be attending the Council work session in August to discuss some of their priorities for the coming year. Printup noted at tonight's work session the Council discussed some issues with the Metropolitan Council and that Staff will be putting together a list of cities that operate under the Metropolitan Council that are starting to request the Metropolitan Council be reformed. Printup stated in his view that is an important first step for the City to take in looking at this matter. Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. MAYORICOUNCIL REPORT (continued) Levang reported the improvements at Livingston Tower Park have been completed and that a ribbon cutting ceremony is planned for September 18, which is the same day as the Navarre Community Festival. Levang indicated the ribbon cutting ceremony will be held at the end of the festival and that several businesses have already signed on to donate items. Levang noted she also attended the July Planning Commission meeting and that one of the commissioners has gone paperless. Levang commented she hopes that is the start of a new trend and that it will help to reduce staff time and costs. Council Member Cornick reported he attended the first meeting of the Highway 12 turnback committee along with Mayor McMillan. Walsh indicated he also attended the Fire Advisory meeting and that they spent a lot of time talking about the response to incidents on Big Island. Walsh stated he concurs with reforming the Metropolitan Council. Walsh stated he also looks forward to the next City Council meeting and discussing the school committee, which will help to improve the dialogue between the City and the School Board and the issues they face. Walsh stated the City showed good partnership on the turn lane. Walsh noted next Tuesday, August 2, is the filing date for elections and that he will be putting his name in for Orono mayor. McMillan stated she will be running for re-election. McMillan reported the turnback committee had a good first meeting regarding the section east of the downtown area which encompasses the Wolfe Point development to the Luce Line Bridge. McMillan stated one big change up for discussion is possibly continuing the trail on the north side of the road from Old Long Lake Road to the Luce Line Trail. Hennepin County had originally said there would be no trail east of Long Lake Road but will reconsider it since the grading for the trail can be done as part of the road construction. The committee asked to be provided an idea of the costs and will be reviewing that at the next meeting. The committee will be meeting every other month. McMillan noted MnDOT will be hosting an open house regarding the proposed concrete barrier and that further information can be found on the City's website. McMillan reported all the benches for the tee boxes at the Orono Golf Course have now been donated. McMillan indicated the City also received a letter from the League of Minnesota Cities recognizing Representative Cindy Pugh as being a legislator of distinction. Representative Pugh was one of 31 legislators recognized by the League and that she appreciates Representative Pugh for offering partition fence legislation and consistently being available to staff and constituents on legislation. Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT City Administrator Loftus noted the primary will be held August 9 from 7 a.m. to S p.m. and that there is one judicial office on the ballot. Loftus encouraged everyone to come out and vote. Loftus stated National Night Out will be held on August 2 and that she would encourage anyone hosting a neighbor party to contact the Orono Police Department. *9. SECOND QUARTER FINANCIAL REPORT The City Council was provided with Staff's memorandum for their review and took no formal action on this item. *10. SPRING PARK AGREEMENT FOR STANDBY SERVICE Levang moved, Printup seconded, to approve the Agreement for Standby Service between the City of Orono and the City of Spring Park, and to authorize the Mayor and City Clerk to execute the agreement. VOTE: Ayes 5, Nays 0. *11. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT 12. CLOSED SESSION — CONDEMNATION PROCEEDINGS AGAINST THE PROPERTY LOCATED AT 1960 SHORELINE DRIVE McMillan stated the City Council will be going into closed session pursuant to Attorney -Client privilege, Section 13D.05, Subdivision 3(b), to discuss initiating condemnation proceedings against the property located at 1960 Shoreline Drive. Levang moved, Printup seconded, to enter into closed session. VOTE: Ayes 5, Nays 0. (The Orono City Council went into closed session from 7:46 p.m. to 8:25 p.m.) Moved, seconded, to end the closed session and adjourn the Orono City Council meeting at 8:25 p.m. VOTE: Ayes 5, Nays 0. ATTEST: 1 City Clerk ( Lih Tod McMillan, Mayor Page 9 of 8