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HomeMy WebLinkAbout11-26-2012 Council Minutes � U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 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 Doug Franchot,Aaron Printup,and David Rahn. Representing Staff were City Administrator Jessica Loftus,Finance Director Ron Olson,City Clerk Lin Vee,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 7:00 p.m.,followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 7, 8, 10, and 11 were added to the Consent Agenda. Franchot moved,Printup seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CANVASSING BOARD MEETING OF NOVEMBER 13,2012 Franchot moved,Printup seconded,to approve the minutes of the Orono Canvassing Board meeting of November 13,2012,as submitted. VOTE: Ayes 4,Nays 0. *3. REGULAR CITY COUNCIL MEETING OF NOVEMBER 13,2012 Franchot moved,Printup seconded,to approve the minutes of the Orono City Council meeting of November 13,2012,as submitted. VOTE: Ayes 4,Nays 0. PLANNING COMMISSION COMMENTS—KEVIN LANDGRAVER,REPRESENTATIVE Landgraver stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 4. #12-3587 BALTER DESIGN BUILD,INC.,450 OLD CRYSTAL BAY ROAD NORTH— CONDITIONAL USE PERMIT Curtis stated in 2012,JEM Technical moved their office headquarters and assembly facility from a location in Long Lake into the building at 550 Old Crystal Bay Road North. They recently purchased the -- -- — Page 1 of 12 ..-- ---------- -------�------------ ------ - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (4. #12-3587 BAUER DESIGNBUILD,INC.,450 OLD CRYSTAL BAYROAD NORTH, Continued) property at 450 Old Crystal Bay Road North and now wish to move their manufacturing operations into the existing building on the property. The applicant will be making an application for a site plan review in order to reconfigure the parking, access, landscaping plan,and driving areas for the property. That application will be heard at the January Planning Commission meeting. Due to a timing issue,prior to site plan review,the applicant is requesting approval of the removal/extinguishment of the building demolition requirement and a conditional use permit. Curtis displayed a conceptual site plan on the overhead. At this time the applicant is requesting consideration for the removal/extinguishment of the building demolition requirement cited within the Second Amendment to Development Agreement Crystal Bay Business Center and approval of a conditional use permit to allow an adjustment in the allowed percentage of architectural materials versus high-quality masonry materials used on the building's exterior. The Code requires 67 percent of the exterior materials to be comprised of a high-quality masonry material and 33 percent is permitted to be an architectural material such as architectural concrete panels or rock- faced concrete block. The applicant is planning to install new materials which will coordinate with the exterior finishes of the other buildings in the Crystal Bay Business Center Campus. Before they make the investment,they would like the City Council to consider the extinguishment of the building removal requirement outlined within the Development Agreement. The agreement requires that the building be removed by August 31,2020. The applicant's current plan calls for approximately 12 percent of the farade to be comprised of a red brick concrete material. The applicant has provided some sample materials. The remainder of the building will be two different toned stucco-like architectural panels. The color and the tone will coordinate with the other buildings on the campus. Staff has reviewed the proposed building materials. The quality,texture and color palette of the materials appears to meet the intent of the Code and are of high-quality. The site plan review will address any remaining requirements within the Code. Staff recommends additional trees be planted along Old Crystal Bay Road North to offer additional screening and a more extensive vegetative break-up of the site. Staff would recommend ten additional trees be incorporated on the site for a total of 70 trees. This requirement can be addressed in the conditional use permit and implemented with the subsequent site plan review to be held by the Planning Commission in January. The applicant is requesting to rehabilitate an existing building. It is crucial that they demonstrate that modifications can be made to the site plan which will address maneuverability, screening, stormwater management, and access. Staff expects the applicants will provide a plan which addresses the City's site plan requirements. The City Council should hold a public hearing at this time. If Council is comfortable with the type and qualiTy of the materials proposed, it would be appropriate to direct Staff to draft an amendment contingent upon site plan approval granting approval of a conditional use permit for adoption at the December 10 meeting. Additionally, if it is also deemed appropriate,the Council should direct Staff to draft an - ----�..----- --- -------�----- -- Page 2 of 12 � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (4. #I2-3587 BAUER DESIGNBUILD,INC., 450 OLD CRYSTAL BAYROAD NORTH, Continued) amendment which extinguishes the building removal requirement contingent upon the forthcoming site plan approval. John Menge,JEM Technical, stated they would like to expand their business and bring their machine shop to the campus. The building is a very satisfactory building for JEM's uses. The building currently has two 5-ton cranes inside,which is helpful to move equipment around and the building has a number of years of life left to it. Menge indicated their plan is to make the building more appealing to the surrounding neighborhood and also to utilize the structure more fully with the machine shop. The machine shop is presently located in a building that consists of 12,000 square feet and they are lacking space. JEM Technical is investing$1.5 million in new equipment and they plan on making a substantial investment in the business over the coming years. Menge indicated a few changes to the building have already been made, such as new windows and another service door/loading dock on the north side of the building. The architectural panels increase the R-value of the building. In addition,a new roof will be put on the building,which will also increase the R-value of the building. The shop will be air-conditioned and heated for the employees. Franchot asked if the applicant is okay with Staff's recommendation for the ten additional trees. Menge indicated they are and that their intent is to make the site attractive and appealing. Mayor McMillan opened the public hearing at 7:15 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 7:15 p.m. McMillan commented this is a great use of the building. Rahn concurred that it is a great use of the building and that the exterior panels will make the building more attractive. Franchot moved,Printup seconded,to direct Staff to draft a resolution granting approval of a conditional use permit for adoption at the December 10 meeting and to draft an amendment extinguishing the building demolition requirement VOTE: Ayes 4,Nays 0. 5. #12-3562 NELSON FAMILY TRUST,400 WILLOW DRIVE SOUTH—WILLOW HILL PLAT—STREET NAME ASSIGNMENT This item was removed from the agenda at the request of the Applicant. - -- � ----- ----- ------------ ----- -- - Page 3 of 12 -- - - ---- ------ ----- ----- - -_ _. . _ _... . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 6. NAVARRE STREET LIGHT UPDATE Struve noted back in May of 2012, a street light in Spring Park fell into the roadway. This was the second pole to fail due to poor conditions in the last couple of years. Spring Park hired Barr Engineering to analyze the condition of the poles and wiring in Spring Park. The 38 light poles in Navarre were installed in 1988,at the same time as the poles in Spring Park. They are also constructed from the same materials and show similar corrosion issues as the poles in Spring Park. At this time no poles have fallen in Orono. Spring Park has asked if Orono would want to pursue a joint project. By doubling the number of poles and using the same contractor, it may reduce the cost to each city. Because the number of light poles is the same in each community,the costs outlined by Barr's memo are reflective of the costs to replace the light poles and wires in Orono. The same company utilized by Spring Park has analyzed Navarre's lighting system to see if a shorter decorative pole will provide adequate lighting. The lower decorative lighting will meet the MN/DOT recommendations for this road classification. Struve requested the City Council discuss the options presented and to indicate which options are representative of what the Council would like to see in Navarre. If the options are acceptable, Struve indicated he would like to do a mock-up and cost analysis of each option and bring it back to the City Council in January. Struve noted Spring Park will be moving forward with their project in 2013. In order to meet their schedule and to get the project bid out in March or April, the City Council should authorize the development of plans and specifications and finalize the pole and fixture to be used by the end of January, 2013. Rahn stated if these are the options available, in his opinion the Bemidji and the Fairfax are too ornate and that he prefers Option No.4. Printup asked if this material will corrode at some point in the future. Struve stated the existing poles were installed in 1988 and are approximately 25 years old. Struve indicated these poles axe constructed out of stainless steel as well as the anchors and will not be subject to the corrosion the existing poles are experiencing. Franchot suggested the Publics Work Department periodically inspect the poles. Struve indicated they did conduct an inspection of the poles this year and that an inspection process will be implemented for the future. McMillan asked how high the poles are in Mound. Struve stated he will have to obtain that information for the Council. McMillan noted the major expense associated with this project is the wiring. -- — —�___��___._.__ .._.__. --- �- -_- Page 4 of 12 � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (6. NAVARRE STREET LIGHT UPDATE, Continued) Struve stated the poles and light fixtures cost approximately$200,000 in addition to over$200,000 to replace the wiring. Struve indicated there are certain options he can look at and that he will evaluate each type of pole and the anticipated costs for each type of pole and present that information in January. Struve indicated he will also meet with Spring Park to see what direction they are going to pursue. Struve stated he can attempt to narrow down the costs based on the type of poles the Council chooses. McMillan stated she is aware the Navarre citizens are interested in the type of light fixtures that are chosen and recommended they be included in this process. Struve stated he wanted to present different options tonight showing what neighboring communities have installed or are considering installing. Rahn asked if Spring Park is close to making a final decision. Struve indicated they have discussed this project more thoroughly at this point and have focused in on the options listed in the report. Struve indicated he also included the light pole and fixtures that Mound has chosen. Struve stated he can certainly explore and meet with some of the Navarre residents. Printup concurred it would be good to get the Navarre and Orono residents involved. Printup indicated he is okay with Options 2,3,and 4 and that he is not in favor of an industrial looking pole. Rahn staxed it would be good to get more than one bid for any particular light pole and fixture. Struve stated as long as the City Council follows the schedule outlined in the report,they will be on track with Spring Park. McMillan stated she prefers the LED fixtures. Franchot asked if the LED lights will eventually pay off. Struve stated the bigger component is the maintenance savings over the energy savings. Struve indicated they have to rent a lift truck to replace the lights but that they should not have to replace as many. Struve stated similar to high pressure sodium lights,the LED lights will gradually dim but the life expectancy is much longer. Franchot stated he would also prefer LED lights and that Options 2,3, and 4 should be further explored. Franchot stated using the existing wiring would be short-sighted and that he would prefer to rewire the poles if the City can afford it. Struve indicated he can revisit the wiring costs. Franchot asked if conduit would be utilized. Struve indicated that conduit would be used. Even though the City has not experienced a lot of issues with the existing power system, it is 25 years old and not in conduit. -� - ----- -------------�-- -- - --—-- - -- -- -- Page 5 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (6. NAVARRE STREET LIGHT UPDATE, Continued) Loftus stated she is interested in knowing whether the Council would like options for planters,banners or flags on the poles. Printup indicated he would be in favor of the banners and possibly flags in the future. Loftus indicated there are also options for planters and that she is not sure what type of interest the City Council has in that aesthetic component. Loftus noted some of the planters have an irrigation component to them and that now is a good opportunity to look at all options. Franchot stated it would be interesting to know the breakdown of the costs for the various upgrades. McMillan commented it would be nice to be able to fly flags or banners. Rahn stated the City could also explore the possibility of the local businesses and residents doing some of the flag and plant upkeep. Struve indicated he will bring those various costs back before the City Council. Struve reported the golf course officially closed last Wednesday. Orono Orchard Road has been paved down to County Road 15 but is still closed between Fox and County Road 15 due to some work being done on the south side of County Road 15. Struve indicated hopefully the work will be completed in the next week or two and that he will include any new information in his weekly updates. *7. LIGHTING UPGRADE FOR CITY HALL,POLICE,AND PUBLIC WORKS Franchot moved,Printup seconded,to award the building lighting repiacement in City Hall,the Police Department,and Public Works to Retrofit Companies. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT McMillan noted she and Council Member-Elect Kristi Anderson attended the emergency management training session last Tuesday. Another training session is scheduled for January. McMillan noted Planner Gaffron and herself inet with Jim Grube and his staff at Hennepin County to discuss the letter Orono sent them regarding safety improvements in Navarre. McMillan stated in her view the discussion was productive. Gaffron concurred it was a good discussion and that they are aware of the issues and have done some research into the issues. -- ------_— _ ._ ---- ------ -—- Page 6 of 12 --------- - -- - - - ------- � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *8. REPLACE TAPE BACKUP DRIVE Franchot moved,Printup seconded,to approve the purchase of a new tape backup device from LOGIS in the amount of$7,190.94 with additional setup estimated to be$500. VOTE: Ayes 4, Nays 0. 9. 2013 FEE SCHEDULE Rahn stated he has some issues with fees that appear to be duplicative or that the City does not typically collect. As it relates to riprap,Page 3,Rahn noted the MCWD covers every different soil type and type of stone with regard to retaining walls and that he is not sure why Orono has that in their code. Rahn stated the most concerning element deals with unusual riprap and that he is unsure what is related to unusual riprap. McMillan indicated she also is not sure what is included with unusual riprap. Rahn stated his point is that the City does not need to re-enforce what the Watershed District is doing and that the fee should be removed from Orono's fee schedule. Rahn stated as it relates to appeals of administrative decisions,that fee should also be removed. Rahn asked if the City charged the person that appeared before the City Council approximately a month and a half ago. Curtis stated the City did not charge her because she appeared during the public comment section. Rahn stated it was quite obvious that she was appealing a Staff decision. Gaffron stated the appropriate method would have been for the City Council to direct her to file a formal appeal. Rahn stated he does not agree with the fee for an administrative appeal and that it is not right to charge a resident a fee simply because they disagree with Staff. McMillan asked what the process is for an administrative appeal. Franchot asked what the rationale is behind that fee. Gaffron stated in the normal appeal process, Staff would expect someone to file a written appeal and then Staff would do a written report. Gaffron indicated there will be some staff time involved with an administrative appeal,which is what the fee would cover. Loftus stated sometimes when there is the potential for an appeal, it often will include a review by the City Attorney. Loftus noted the fee helps to ensure that the City is not inundated with appeals. Rahn asked how many administrative appeals have been heard in the past five years. Gaffron indicated there have been a few but that he does not have an exact number. �.. ... .....------- ----------- ---------- —---- - Page 7 of 12 ---------- -------- - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (9. 2013 FEE SCHEDULE, Continued) Loftus stated the first step in the process is that Staff and the resident will attempt to work through the disagreement. If no agreement is reached,the next step is to appeal the decision in writing to the CiTy Council. Loftus noted the agenda is reserved for City business and that the residents are told that if they want a formal response from the Staff and the Council,they should submit something in writing to the City outlining their issues. Loftus indicated that helps keep the process orderly and helps the Council in making informed decisions. Rahn stated clearly the person who spoke during Public Comments was appealing a Staff decision. Rahn stated his point is that the Council wants to hear from residents when they feel things are not right and there should not be a fee. McMillan stated in her view$100 is too high and that perhaps it should be lowered. McMillan indicated she would still like to have some kind of process in place and have Staff review it thoroughly before it comes to the City Council. Rahn stated in his view there should be no fee and that there needs to be a method in place to hear both sides. Rahn stated it is likely the City will find more individuals willing to work with Staff rather than come before the City Council. Rahn stated in his opinion a large number of appeals will not be triggered by not charging a fee. Rahn stated as it relates to the building permit fee,the minimum fee is $25. The other fees for plumbing, mechanical, and electrical aze $50 and that in his view a$50 fee should be the bare minimum. Rahn stated in his view the City should recoup their costs for sending an inspector out and that he is not sure why those types of fees are not all the same. Vee noted the tent and canopy permit and inspection is done by the Fire Chief and not city staff. McMillan stated that fee is also relatively new. Rahn recommended those types of fees be the same at$50. Rahn stated he also is not aware of a zoning certificate of occupancy being issued without a building permit. Gaffron stated when the use of a building is changed,the City needs to do an inspection or review. Rahn noted the state building code requires a building permit for a change in use. Rahn stated in his opinion that situation would never occur. Gaffron indicated he will check into it. Rahn stated in his view it could be omitted. If there is a change in use,a planner will visit the site rather than the building inspector. The state building code also requires a building permit for a change in use and that it is not likely that situation will ever occur. As it relates to residential docks, Page 7,Rahn indicated in his view that is also a duplication of the efforts of the Watershed District and that he does not see the need for the fee. McMillan stated it was her understanding that the residential dock fee was going to be removed. _. ... - -------- ---- Page 8 of 12 -------- - ---- - - - ----- - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (9. 2013 FEE SCHEDULE, Continued) Gaffron noted the residential dock fee is only charged for a first time dock and that it seldom occurs. Gaffron indicated he does not have any issue with removing that fee. Curtis stated the only time the residential dock fee would likely occur is if there are any newly created lakeshore lots. Gaffron noted the residential dock fee would also apply to lakes outside of Lake Minnetonka that are not regulated by the Watershed District. Gaffron indicated it is likely the City will be hearing an application sometime next year that will be creating some new lakeshore lots. Rahn noted the City has no established criteria on which to base an inspection of a dock. Rahn asked when a structure permit is issued. Curtis indicated it falls under the zoning permit and Staff takes steps to ensure the structure meets setbacks and hardcover. Rahn noted most accessory structures will require a building permit. Curtis stated to her knowledge sports courts would fall under that item. Gaffron stated a free floating deck would also fall under that item. Rahn commented that makes sense. Rahn asked why the City charges a commercial marina license. Gaffron stated that item is worth looking at further but that he is not prepared to discuss the item in depth at this time. McMillan noted that fee could remain in the fee schedule and possibly be removed in the future based on the Council's discussion. Rahn stated if the City is going to have it in their fee schedule, it should not be optional and that the City should collect the fees when these things occur. Printup stated he is interested in discussing these items further in the coming months. Printup stated it sounds like Staff is already aware of some of the points raised by Council Member Rahn. Gaffron indicated Staff is aware of some issues and that at the next meeting the City Council will see some more code changes to help streamline things that will also have an impact on the fee schedule. Gaffron noted he does have a backlog of items that need Council review and action. Rahn recommended the fees not be arbitrary and that it should be easy for the resident to determine if they owe a fee. Rahn commented the fee schedule is rather long and should perhaps be cleaned up. McMillan asked whether Staff could bring these items back at the next meeting. --------------- ------- - -- -... - -- - - ----- Page 9 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. (9. 2013 FEE SCHEDULE, Continued) Gaffron stated for the items that do not require an extensive amount of work by Staff,they should be able to do that before the next Council meeting. Loftus noted the City's fee schedule is brought to Council in November so it can be published and effective in January. Vee indicated the fee schedule does need to be published before January. If the fee schedule is brought back in December,there will still be time to publish it before the end of the year. Franchot asked if there will be issues with docks on Long Lake. Gaffron stated there is the potential for some new lakeshore lots to be created on Long Lake sometime next year. Gaffron indicated the City does not have any dock standards at the present time. Franchot recommended that dock standards be dealt with in the near future. Curtis indicated the developer cannot submit an application until after a wetland delineation has been completed and that they likely will not see the application until sometime in the spring. McMillan asked if these are seasonal docks or permanent docks. Gaffron indicated they would be seasonal and a first time dock. Staff would need to look at the setbacks and other issues associated with the dock,which is what the $50 fee covers. Rahn stated Orono could simply adopt the LMCD standards. McMillan asked if Staff would also like standards for existing docks on Long Lake or whether it would just be for new docks. Rahn stated the LMCD has standards for every type of dock. Franchot noted first time docks get charged a fee. Gaffron noted a person approached the City Council earlier this year requesting permission to put a new dock out close to the west lot boundary. One of the standards was to meet a 10-foot standard so it would not impact the neighbor. Gaffron indicated that is an example where it would be nice to have a formal code in place. Gaffron stated he can bring this item back to the City Council at their next meeting. Franchot moved,Printup seconded,to tabie the 2013 Fee Schedule to the December 10 City Council meeting. VOTE: Ayes 4,Nays 0. *10. AUTHORIZATION TO DISBURSE FUNDS FOR CLAIMS RECEIVED Franchot moved,Printup seconded,to authorize the City Treasurer to disburse city funds in payment of claims received for the December 24 Council meeting which has been canceled,and that such paid claims be presented for formal approval at the January 14,2013,City Council meeting. VOTE: Ayes 4,Nays 0. - - ---- - ------- ------ -- Page 10 of 12 . ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. 11. LICENSES&PERMITS ONE DAY GAMBLING -RESOLUTION NO.6185 1 Orono PTO(raffle) Mid-Winter Fun Fest—Orono Middle School 12:00 p.m.—4:00 p.m. Saturday,February 2,2013 ANNUAL LIQUOR LICENSES Club on Sale and Sunday Liquor 2. Spring Hill Golf Club 725 Sixth Avenue North 3. Wayzata Country Club 200 Wayzata Boulevard West 4. Woodhill Country Club 200 Woodhill Road On Sale Liquor and Sunday 5. Orono Liquor Inc./Narrows Saloon 3380 Shoreline Drive Off Sale Liquor 6. Wood Enterprises,Inc./Navarre Liquor 3421 Shoreline Drive Off Sale 3.2 Percent Malt Liquor 7. Voyageur Service Centers,Inc./O'Sullivan's Holiday 2420 Shadywood Road Franchot moved,Printup seconded,to approve the above listed licenses and to adopt RESOLUTION NO.6185,a Resolution Approving a Lawful Gambling Application for Exempt Permit of the Orono PTO for a One-Day Gambling Activity. VOTE: Ayes 4,Nays 0. *12. BILLS Franchot moved,Priatup seconded,to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. - -----—----------- —--- - --- — - - -- -� Page 11 of 12 --- . MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,November 26,2012 7:00 o'clock p.m. ADJOURNMENT Franchot moved,Printup seconded,to adjourn the Orono City Council meeting at 8:03 p.m. VOTE: Ayes 4,Nays 0. ATTEST: � , / ��� �� 1.�. . Linda S.Vee, City Clerk Lili Tod cMillan,Mayor -------- —__�_.._._. - ----- -- Page 12 of 12