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HomeMy WebLinkAbout08-27-2012 Council Minutes ' A � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 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 Cynthia Bremer,Aaron Printup,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,Planning Coordinator Melanie Curtis,City Engineer/Public Works Director Jesse Struve,City Attorney Soren Mattick,and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:02 p.m., follawed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 7, 8 and 9 were added to the Consent Agenda. Bremer moved,Franchot seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF AUGUST 13,2012 Bremer moved,Franchot seconded,to approve the minutes of the Orono City Council meeting of . August 13,2012,as submitted. VOTE: Ayes 5,Nays 0. PRESENTATION 3. POLICE SERVICE PROPOPSAL TO MOUND Police Chief Correy Farniok addressed the City Council regarding the police service proposal to Mound. Farniok indicated they have been working with the City of Mound for the past several weeks.The Orono Police Department has been providing contracted police services to surrounding communities for 30-plus years,with the Cities of Minnetonka Beach, Orono and Spring Park currently receiving services. Farniok stated the Police Department was recently approached by the City of Mound about the possibility of providing contracted police services. Mound is interested in a 10-year contract,retaining their current 10 full-time police officers,and utilizing their public safety facilities in Mound as a satellite station. Orono's priorities are to ensure patrol levels are equal or enhanced to Orono residents as well as the residents of Mound and to maintain or enhance current service levels and programs. Farniok stated by adding the 10 additional officers,they would be combining officer staff as well as � administration staf£ Orono is currently at four sergeants and Mound has two sergeants. The deputy chief position would be added. — ------- — Page 1 of 11 -- -- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. (3. POLICE SERVICE PROPOPSAL TO MOUND, Continued) Farniok reviewed the current patrol zones and the proposed patrol zones. The contract would add three square miles within the City of Mound. The Police Deparirnent created patrol zones several years ago to help ensure the greatest protection and response times. Any changes to the zones are discussed first with the Police Commission and with the contracted cities. Farniok stated they will maintain a visible police presence within Mound but that they cannot guarantee there will be police presence 24/7 in Mound. A minimum of three patrol cazs would be on duty at all times with one in each zone,lrnowing that they might have to leave one area to assist in another area. The minimum level of three cars occurs for approximately 4 hours within 24 hours of coverage. The challenges facing the Police Department that have been identified as part of this proposal include dealing with four unions,seniority,Mound's nepotism policy,and a reduction of supervisors. Orono will recognize the Mound off'icers' years of seniority as it relates to pay and benefit accrual. All officers and sergeants will enter into current Orono contacts. The combined seniority list relating to shift bidding has been approved by both police departments. In addition,a Mound sergeant will be brought over as a patrol officer. The benefits of providing police service to Mound include operation efficiencies,administrative efficiencies, scheduling flexibility, supervisory coverage,and expanded career developmendpromotional opportunities. Farniok stated this process has been a challenge but an exciting prospect and that in his view this contract is good for both cities: McMillan thanlced Staff for their work on the contract and noted that the Mound city officials have been very helpful during this process. McMillan commented in her view the contract will provide benefits to both communities. Franchot noted there would be a payment coming to Orono for providing these services and asked whether there has been a pro forma budget put together and that all the numbers have been reviewed. Fazniok indicated they have been. Franchot stated he has heard a number of good comments about the efforts made by Chief Famiok. Rahn noted there is an area of Minnetrista and Shorewood listed on the zones and asked whether those areas will also be patrolled by Orono. Famiok indicated that is actually the City of Shorewood and that the Orono Police Department would not be patrolling that area. Rahn asked if the city boundaries of Mound aze the cut off. Farniok indicated they are. Farniok stated they would help out in the event of an emergency. Printup asked if leaving a zone to help out in the event of an emergency is fairly normal.. -- - Page 2 of 11 — -- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. (3. POLICE SERVICE PROPOPSAL TO MOUND, Continued) Farniok confirmed that it is normal to respond to an emergency in another zone. Prior to creating zones, the patrol car couldn't leave the Spring Park area to respond to an outside call. Zones allow the closest patrol car to respond, even if the call is across the boundary. Then another officer will go and cover the area the first officer left. Bremer noted the other contract cities are aware of this proposal and that the Police Commission has reviewed this proposal thoroughly. Bremer stated the City needs to be aware of all of the advantages and disadvantages of the proposal since this is a 10-year contract. A longer contract is to Orono's advantage but that everyone needs to understand the City of Orono will be bound for ten years and that there likely are unknowns that have not been considered through this process. Bremer noted Orono no longer has an agreement with Spring Park where Orono provides one designated patrol officer. Bremer stated the contract cities have been great to work with and that there is a police commission meeting scheduled for the first week in September. Farniok stated as it relates to calls for service,Mound had 12,193 and Orono had 13,933. The response time for Mound is 4.12 minutes and Orono is 5.74 minutes. Farniok stated in his opinion these are good response times given the layout of the roads and geographic areas. The Police Department monitors these times carefully and they have been consistent for the past three or four yeaxs. Franchot noted the Mound City Council will be voting on the contract tomorrow tonight. Printup asked how the Police Department and the City's PERA contribution will be affected by the addition of the 10 officers. Olson stated PERA is paid as a percentage of the employee wage. If there are more employees and more wages,PERA would increase,but that has been factored into the pro forma budget that was discussed earlier. Printup asked where citation revenues go in the budget. Farniok indicated the ticket revenue would go to the city that issued the ticket. Printup asked whether it would go into the General Fund or the Police Department Fund. Farniok stated they would go into the General Fund. Bremer noted Orono budgets for fine revenue as much as possible based on past history. McMillan noted there is a provision in the contract for dispute resolution that will hopefully make the process go smoothly in the event of a disagreement. McMillan noted both cities are committed to the contract and that it will benefit both communities. The City Council took no formal action on this item. ------- ----- ------------ --- -- Page 3 of 11 __--------------------—------ MIlVUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS-LIZZ LEVANG,REPRESENTATIVE Levang reported the Planning Commission took a boat trip last Thursday,with the purpose of the trip to help the Planning Commission better understand the shoreland regulations and hardcover regulations. The Planning Commission has been discussing the proposed hardcover ordinance recently and they were able to see up close how the City's current hardcover regulations have worked. Levang stated they also reviewed the Stubbs Bay stabilization project and that the work was performed well so you cannot tell that anything was disturbed. It was Staffls first opportunity to see it from the lake and Mike Gaffron was happy with the work. The Planning Comxnission also viewed the restoration project at Noerenberg Park. The work involved is a prairie restoration on the channel side. Curtis stated the Public Works Department had notified her that they were going to be doing some cutting. Curtis indicated she then called the head gardener and spoke with her about the proj ect. There is a good plan in place and the group has received some grant money. They will be removing non-native trees and vegetation and then planting n�tive tree species as well as reed canary grass and other native plants as part of the project. Rahn commented that work is very visible. Levang stated there is a plan to restore that area and that it was helpful to the Planning Commission to see that land alteration. Levang stated she is also very excited to be attending the walkability workshop tomorrow being sponsored by Hennepin County and that there should be a number of Planning Commissioners in attendance. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *4. #12-3562 ARTHUR J.NELSON ESTATE,400 WILLOW DRIVE SOUTH-FINAL PLAT-RESOLUTION NO. 6161 Bremer moved,Franchot seconded,to adopt RESOLUTION NO.6161,a Resolution Approving the Plat of Willow Hill,400 Willow Drive South,and to authorize Mayor McMillan and City Clerk Vee to sign the development documents for the plat of Willow Hill. VOTE: Ayes 5,Nays 0. *5. #12-3565 KATHRYN ALEXANDER ON BEHALF OF JOSEPH AND GAIL TEYNOR, 2789 PHEASANT ROAD-VARIANCE-RESOLUTION NO.6162 Bremer moved,Franchot seconded,to adopt RESOLUTION NO. 6162,a Resolution Granting Variances to Municipal Zoning Code Sections 78-330 and 78-1288,for the property located at 2789 Pheasant Road. VOTE: Ayes 5,Nays 0. ----------- — - Page 4 of 11 - ----- ------ � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. 6. #12-3569 MII.LS CONSTRUCTION,LLC, ON BEHALF OF JASON WILSEY,990 NORTH SHORE DRIVE WEST-CONDTTIONAL USE PERMIT-RESOLUTION NO.6163 Chris Janssen,Mills Construction,and Jason Wilsey,Applicant,were present. _ Curtis stated the owner would like to construct a guest apartment within the proposed home to function as a private space for visiting family. Because the guest apartment is proposed to have its own separate exterior door, a conditional use pernut is required. The non-rental guest apartment provisions in the zoning code allow for two types of guest apartments: an apartment with a door to the outside and an apartment without a door to the outside. According to the zoning code,a guest apartment must be physically connected to the home and access to the apartment in all cases must be primarily through the principal structure and not via a separate front door. If an additional door is provided which accesses directly to the outside of the home, a conditional use permit is required. Curtis stated there will be a door as shown connecting the guest apartment to the principal structure through the office area. Staff is recommending the service door from the garage be eliminated for the guest apartment. The applicant expressed a concern that elimination of that door would cut off access from the guest apartment to the storm cellar in the garage. On August 20, 2012,the Planning Commission determined that the proposed guest apartment conforms to the conditional use permitting parameters outlined within City code Section 78-916 and voted 7 to 0 to recommend approval consistent with Staffs recommendation,which included removal of the service door. Planning Staff recommends approval of the CUP for the guest apartment subject to the following conditions: 1. The service door between the garage and the guest apartment must be completely eliminated; 2. The guest apartment shall be utilized solely for non-paying guests or domestic employees; 3. The guest apartment shall not be addressed separately from the principal residence; and 4. The guest apartment shall not have separate utilities. Curtis stated she spoke with the building inspector and he indicated that there is no building code that requires that service door. Staff has determined there is adequate access from the garage into the principal primary residence and that the guest apartment can access the basement through the principal residence. Franchot asked why the service door should be eliminated. Curtis stated the purpose of the code is to prohibit the creation of a duplex. It is easy for someone to cut a door through a wall and it is also easy to construct a wall separating the two garage sections. The concern is that this is maintained as a single-family dwelling. - - -- - -- - -------- Page 5 of 11 - - ----------- -- ------------- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. (6. #12-3569 MILLS CONSTRUCTION,LLC, ONBEHALF OF JASON WILSEY, 990 NORTH SHORE DRIVE WEST, Continued) Rahn stated he had a similar question. As it relates to the door, if there was a second front door that was visible on the outside,Rahn noted that would be an issue,but to apply for a CUP and then eliminate the door that is probably the most useful is something that he has been struggling with. The applicant did apply for a conditional use permit because he would like a door to the outside. The patio door and the rear door will probably seldom get utilized but that service door would get used regularly. Curtis stated the intent of the guest apartment provision in the code is to allow for nonpaying guests and domestic employees who do not need their own separate unit like a duplex. The intent is to allow that private living space but not make it easier for subsequent owners to turn it into a duplex. The floor plan and exterior of the house is such that it would make it harder to look like a duplex but that the service door would be a convenient access. Rahn stated he is in agreement with not allowing s�sparate utilities or a second full-blown kitchen. Rahn stated in his view dual family scenarios do occur on a fairly regular basis and that given the tough economic times,they will be more common. Rahn stated the applicant came before the City Council for the CUP because of the exterior door and that it is the more useful door but that it is the one that Staff is recommending be eliminated. Rahn indicated he would vote in favor of the door. McMillan asked if the great room is part of the guest suite. Curtis stated to her understanding the intent is to allow for the expansion of an extra bedroom should the need arise in the future for the principal residence. McMillan asked if some additional exits/entrances have been added from the original plan. McMillan noted the original plan looked more like a duplex. Curtis indicated the plan before the Council tonight is close to the original plan and that there is a window and patio off the great room as well as a door and patio off bedroom number one. Curtis stated in her view the changes that happened between the original plan and this plan is the reconfiguration of the office and the doorway access to the office to make it more open. Rahn asked if the applicant requested a building permit and then became aware of the regulations. Rahn commented that if the applicant had lrnown of the regulations prior to designing the house,they could have designed a different entrance. Curtis indicated they approached Staff shortly before they applied for the building pernut. The original plan also had a separation between the two garage sections. McMillan asked what is in the great room. Curtis stated the great room has a kitchen and that the guest suite is a bedroom. Chris Janssen,Mills Construction, stated they were brought in after the first builder was not complying with the requests of the property owner and that he was not involved with the original plan. --------- Page 6 of 11 -- — ------- s � MINUTES OF THE ORONO CTI'Y COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. (6. #12-3569 MILLS CONSTRUCTION,LLC, ONBEHALF OF JASON WILSEY, 990 NORTH SHORE DRIVE WEST, Continued) Janssen indicated he met with City officials prior to applying for a building permit to find out what the requirements are for the house. Following the meeting with Staff,they needed to make some changes given the duplex scenario and the architect made some changes to the plan upon their request. Janssen indicated they needed to come up with a common entrance to the guest suite,and in order to not completely change the design of the house,they came up with the idea of making the office the pass- through area. Janssen stated that was really the only maj or change in the plans and that they also took the separation out in the garage. At the Planning Commission they discussed the need to allow the access from the garage for safety reasons. Janssen stated since that exit provides access to a storm room,in their view it is a safety issue. The applicant would like to have a guest apartment inside the residence so his mom and dad will have somewhere to live when they are in town. McMillan stated the City needs to look at what the guest apartment will be used for beyond the present owner and that she tends to agree with Staff that that door could allow the home to someday be converted into a duplex type situation. Janssen asked if they are aware of the rules that are attached to the title. Curtis indicated that information is included in the Council's packet. Janssen noted if there is a chance of creating a duplex,the person would be in violation of their title. McMillan stated it makes sense logistically to have the service door but that they should understand it is an enticement to create a duplex sometime in the future. Bremer indicated she is in agreement with Mayor McMillan. Curtis noted the resolution includes removal of the door. Bremer moved,Printup seconded,to approve RESOLiTTION NO. 6163, a Resolution Granting a Conditional Use Permit in Accordance with Municipal Zoning Code Section 78-418(2), 990 North Shore Drive West. VOTE: Ayes 5,Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT *7. CHANGE ORDER NO. 1-ORONO ORCHARD ROAD RECONSTRUCTION PROJECT Bremer moved,Franchot seconded,to approve Change Order No. 1 for the contractor Minger Construction,Inc., in the amount of$1,815 for the Orono Orchard Road Reconstruction Project. VOTE: Ayes 5,Nays 0. - - — --- --- - -- Page 7 of 11 , MINUTES OF THE � ORONO CITY COUNCiL MEETING Monday,August 27,2012 7:00 o'clock p.m. *8. PAY REQUEST NO.1-ORONO ORCHARD ROAD RECONSTRUCTION PROJECT Bremer moved,Franchot seconded,to approve Pay Request No. l for the contractor Minger Construction,Inc.,in the amount of$653,049.58 for the Orono Orchard Road Reconstruction Project. VOTE: Ayes 5,Nays 0. *9. PAY REQUEST NO.2-CARMAN BAY SHORELINE RESTORATION PROJECT Bremer moved,Franchot seconded,to approve Pay Request No.2 for the contractor Sunram Construction,Inc.,in the amount of$9,752.44 for the Carmen Bay Shoreline Restoration Project. VOTE: Ayes 5,Nays 0. 10. NAVARRE SIDEWALK UPDATE Stxuve stated in response to a question raised at the July 23`�City Council meeting regarding the proposed sidewalk connection between Dakota Trail and the sidewalk at,Lyric Avenue,he has met with staff from Bolton and Menk and discussed what options are available to complete this connection. The conclusion reached was that a large,modular block retaining wall would be the most economical method to allow for the construction of a new sidewalk. The unit prices as outlined by the 2011 estimate accurately reflect the current bidding climate. T'here may be an opportunity to reduce the 30 percent contingency and fees,but overall the unit prices for the sidewalk portion seem reasonable. Struve indicated there are some minor changes that can be implemented but that those would only amount to approximately a$10,000 cost savings. Rahn stated he was hoping some new technology may be on the market that would help reduce the costs. Struve stated the other option would be a poured in place concrete wall with some decorative stamping. • The cost for a modular wall would be 32 to 40 dollars per square foot and a poured wall would range from 45 to 53 dollazs per square and would add some significant dollars to the project. Rahn noted the poured wall would also extend further into the residents' properties. Franchot asked whether the City would need to work with Hennepin County as it relates to the right-of- way. Struve indicated they would still need to work with Hennepin County's permitting process since the sidewalk would be located within the right-of-way. Franchot stated it was his understanding Hennepin County was not interested in donating financially to the sidewalk project. Struve stated his understanding is that Hennepin County was not interested in funding any of the project but that they would be willing to work with Orono on the right-of-way. Bremer stated that is her recollection as well. Loftus commented that Three Rivers District might be interested in assisting fmancially with the project. — --- Page 8 of 11 -- . � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. (l0. NAVARRE SIDEWALK UPDATE, Continued) McMillan asked if there is enough money allocated for restoration and landscaping. Struve stated there are some minor items that could be decreased slightly,but that it is in the ballpark. Struve stated he did speak with some colleagues in other cities regarding projects recently completed to see how they correlated with these costs and that they were in the approximate range. McMillan stated she has a concern that the residents would have a big retaining wall in their front yard which might also require a fence on top of it. Struve stated the existing vegetation would need to be removed. Struve indicated he did add in the cost of the fence since there were no costs included for that in the prior estimate. There were some additional costs for restoration and vegetation that were included. McMillan asked what progress is being made on Orono Orchard Road. . Struve indicated they are making very good progress with the pipe installation and that they are expected to be completed with that in approximately two to three weeks. The contractor will be bringing in another crew to catch up with the pipe work and the project is moving forward. Struve stated there have been little to no issues except for the contaminated soils. McMillan asked if the pipe work in the southern area will be completed soon. Struve stated in the last week four additional people have been brought in and that some additional heavy equipment will be brought in this week,which was a point of emphasis at last week's meeting with the contractor. McMillan commented the southern part of the road was pretty rugged and that it was difficult to traverse. Struve stated they should see some good improvement on that this week. MAYOR/COUNCIL REPORT Franchot reported the LMCC is starting to gear up for the contract renewal process and notices are being sent out about a technical survey that the LMCC will be conducting regarding the system and the condition of the system. The LMCC will be testing a number of homes to see what the signal strength is and they have sent letters to various people asking for permission to do that. There will also be a survey sent out within the next month to see what needs and desires there are for the City. Franchot noted that Medina is very poorly covered at the present time and they have been pushing the LMCC to lower the homes per mile standard that Mediacom has to serve. Currently the standard is 30 homes per mile and there are some tracts in Medina and Orono that do not meet that. The industry is attempting to move towards 20 homes per mile and the LMCC is being encouraged to join that effort. There will be some meetings in Medina,Independence,Minnetrista, and possibly Victoria to come up with a unified front to approach the LMCC to request that they advocate for that reduction. McMillan asked if the LMCC is still working on their budget. ----- -------------------- Page 9 of 11 -- -_ � . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. (MAYOR/COUNCIL REPORT, Continued) Franchot indicated the proposed budget has been approved by the LMCC and that they will be approaching each of the individual cities in the next few weeks. McMillan asked whether the LMCC has purchased a building. Franchot indicated they did purchase a building this spring. Printup reported the Long Lake Corn Days Festival was held approxixnately two weeks ago and last week was the Maple Plain Centennial. Both events were very successful and well organized. Printup noted school starts soon and that last year the school parents had wanted some police presence on some of the roads where there have been issues in the past. Printup stated Orono's Police Department will likely be doing that again this year. McMillan noted the pedestrian safety meeting is scheduled for August 28th at 6:00 p.m. at the Freshwater Institute. McMillan asked how many RSVPs have been received. Kempf stated to his understanding they have received 25 RSVPs and that some of the local publications have just come out with a meeting announcement,which should help raise that number. CITY ADMINISTRATOR'S REPORT Loftus reported the primary went smoothly and that they had approximately a 14 percent turnout. The Public Works Department and Administrative Staff did a good job coordinating and monitoring the polls. Loftus noted Police Chief Farniok wi11 be handing out approximately 401ifesaving awards in Spring Park. Those awazds will be presented at the Spring Park council meeting on September 17th at 7:30 p.m. Loftus stated the equipment for the Crystal Bay playground has been ordered and will be installed in approximately five weeks. McMillan suggested a ribbon cutting ceremony be scheduled to commemorate the event. Printup commented the Creative Kids Academy is excited about the new equipment coming in and they are planning some field trips to the park. CITY ATTORNEY'S REPORT Mattick stated he has nothing to report. *11. LICENSES AND PERMITS None -- Page 10 of 11 -- --------- --- � . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 27,2012 7:00 o'clock p.m. *12. BILLS Bremer moved,Franchot seconded,to approve payment of the All Funds Account. VOTE: Ayes 5,Nays 0. ADJOURNMENT Bremer moved,Rahn seconded,to adjourn the Orono City Council meeting at 8:00 p.m. VOTE: Ayes 5,Nays 0. ATTEST: � ���.� ,�' ��. ��-. Linda S.Vee, City Clerk Lili Tod McMillan,Mayor -------------- ------ ------- Page 11 of 11 ----