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HomeMy WebLinkAbout11-25-2013 Council Minutes . , '• MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 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 Kristi Anderson, Cynthia Bremer,Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus,Finance Director Ron Olson,Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron,Planning Coordinator Melanie Curtis, Public Works Director/City Engineer 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. APPROVAL OF AGENDA Item Nos. 7, 8, 9, and 10,were added to the Consent Agenda. Loftus noted there is a request to add a second closed meeting to tonight's agenda. Mattick stated he would request that follow Item No. 15. Anderson moved,Printup seconded,to approve the Consent Agenda as amended,with the addition of Item 15,a closed session. VOTE: Ayes 5,Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COiTNCIL MEETING OF NOVEMBER 12,2013 Anderson moved,Printup seconded,to approve the minutes of the Orono City Council meeting of November 12,2013,as submitted. VOTE: Ayes 5,Nays 0. PRESENTATION 3. CSAH 112 IMPROVEMENT PROJECT(Public Input Invited) Jim Grube,Hennepin County Transportation Department, and Mike Turner, SRF Consulting Group,were present. Grube thanked the City Council for allowing them to speak tonight. Grube stated the goal of tonighYs presentation is to cover the turnback of former State Highway 12. The state has transferred jurisdiction to Hennepin County,which is called a turnback. Grube stated whenever a tumback occurs;there is money available through the state for the restoration of the roadway. Grube stated for the past year or so a committee, consisting of appointees from both Orono and Long Lake,has been developing a vision for the project. The turnback process allows the community the opportunity to look toward the future and reconstruct Old Highway 12. Page 1 of 29 , � MINUTES OF THE � ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH 112 IMPROVEMENT PROJECT, Continued) Grube noted the forxnal request for layout approval will come from Hennepin County after the first of the year and that tonight's meeting is to gain public comment and City Council input on the layout. Grube indicated layout approval is something that is required by MN statutes which says that if an improvement is to occur on a County State Aid Highway in a city,that city is protected by State Statutes. Those statutes require that the City affected must approve the layout. Grube noted if the layout is not approved by the City and Hennepin County wanted to pursue it,there is an arbitration process that could be gone through. Gnxbe stated if the City Council is comfortable with the layout that will set the stage for the final or detailed design and construction document preparation over the next couple of years. Grube indicated during this process they will need to address phasing of the project and that they anticipate construction starting in 2017. Grube stated for the past year Hennepin County has been working on the preliminary design and has had a number of ineetings with the project advisory committee as well as the technical advisory committee and a number of study sessions and open houses for the public have been held. Mike Turner stated the first segment of the project is County Road 6 to Old Crystal Bay Road. One of the important things to note for the entire corridor is design speed for this roadway. The current speed limit is 55 miles an hour. Tumer indicated they have spoken with the Department of Transportation who has indicated they are not opposed to continuing with 55 miles an hour. The layout for the project begins on the west side of Classen Lake and provides for one 12-foot lane in each direction with 8-foot shoulders. A median is being proposed at Old Crystal Bay Road to provide left,through and right turn lanes for eastbound traffic with a single westbound departure lane. The second phase of the project is from Old Crystal Bay Road to Brown Road. The 12-foot lanes, including a center raised median,will continue. There will also be right and left turn lanes between Old Crystal Bay Road and Willow Drive. Between Willow Drive and Brown Road the median will be replaced with a two-way continuous center left turn lane. The third phase of the project is from Brown Road to Cemetery Road. This section of the roadway is more urban and will have a 12-foot two-way continuous left tum lane, 11-foot through lanes, an outside lane on the north side varying from a 4-foot shoulder to an 8-foot parking bay, a 4-foot shoulder on the south side, and a variable width sidewalk along both sides. The sidewalk will vary to fit within the right-of-way and between existing features but will generally be 10 feet in width. Turner noted this section with also include shoreline stabilization along the north side of CSAH 112 parallel to Long Lake. The final segment of the project is from Cemetery Road to the Highway 12 bypass. This section is more suburbs and will have 11-foot lanes in addition to 11-foot left turn lanes and limited 11-foot right turn lanes and 8-foot shoulders. The section from Lindawood Lane to the end of the project near Wayzata Boulevard is a rural section with 11-foot lanes, 11-foot turn lanes,and 8-foot shoulders. Turner stated as it relates to the Orono section, it is currently posted 45 miles an hour and consideration is being given to reduce it to 40 miles per hour to lessen the footprints and the impacts to the adjacent property owners. Page 2 of 29 ' MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH 112 IMPROVEMENT PROJECT, Continued) Grube stated Hennepin County is looking for support for the speed limit changes and noted that he did speak with the City Council about the speed changes earlier in a work session. Grube indicated the speed limit is what helps make a more compact cross-section on the east end heading toward Wayzata Boulevard. In addition, layout approval will say that the City agrees in terms of form and function with those aspects that have been laid out tonight. Grube stated as the City Council looks at the layout,the City does have some discretion. The roadway project itself is going to be fundamentally paid for through the state turnback fund and Hennepin County. The trail and sidewalk through the City of Orono and the City of Long Lake is a discretionary item for both cities. The Hennepin County Commissioners are strong proponents of active living and feel the proposed trail is vital. Grube noted this decision is for 50 years into the future,and while no one is out there today walking along the shoulder of the road, going into the future it is likely there will be more and more people out there. Grube noted that item is clearly listed in the letter to the mayor and it talks about the right-of-way acquisition costs being split 50/50 and then 50/50 on construction of the trail. Grube stated he would recommend the City Council go forward with the trail for future generations. Grube noted off street improvements such as landscaping, streetscaping and burial of overhead utilities are also discretionary. Grube indicated some of those are items that Hennepin County may finance partially. Turner stated as it relates to the off road trails and sidewalks,a portion would be located in the westerly section out to County Road 6 from Old Crystal Bay Road,which would be a 10-foot off road trail . Orono Schools has expressed support and interest for that trail. Turner displayed a rendition of the roadway on the western end of the City. Turner stated Segment 2 has the trail depicted in red as well and noted that not all of that is located in Orono. The trail will not replace the sidewalk or trail to the west of Willow and on the east side it would replace a small portion of sidewalk. Also being proposed is a 10-foot trail along the north side between Brown Road and the vacant Burger King site. That trail would continue along the eastern edge of the Burger King site to the Long Lake city park,then through the city park and down to Martha Lane. Sidewalk is provided along the south side of CSAH 112 between Brown Road and Martha Lane and the north side of CSAH 112 between Burger King and Martha Lane. Turner noted at Martha Lane the layout provides a pedestrian refuge at the crossing of CSAH 112, connecting to a proposed 8-foot trail along the south side of CSAH 112,which would replace the existing sidewalk. The proposed trail would extend along the south side of CSAH 112 beyond the current end of the sidewalk to Cemetery Road and beyond. From Cemetery Road to the Highway 12 bypass there is being proposed an 8-foot trail along the south side of CSAH 112 to a protected crossing at Underhill Circle,which then extends along the north side of CSAH 112 easterly to Old Long Lake Road. Turner noted the cost for that segment is$4,300. Page 3 of 29 MINUTES OF THE � ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH Il2 IMPROVEMENT PROJECT, Continued) Turner stated as it relates to Segment 1,the project advisory committee felt there was some merit for additional lighting and streetscaping. The lighting would be located on the west side of the intersection at Old Crystal Bay Road. Turner indicated the red arrows show the lights at Old Crystal Bay Road and the orange arrow points out the gateway elements at the intersection. As it relates to Segment 2,Old Crystal Bay Road over to Willow,the two priorities identified were additional lighting and streetscaping. Turner displayed a sketch of the intersection of Old Crystal Bay Road. Turner stated as you move east, the lighting fixtures along the roadway is depicted. As you move farther to the east,there is one lighting fixture that is located in the northwest quadrant of Brown Road. The other three are located in Long Lake and the costs have been apportioned appropriately. In addition, all of the scraggly trees located along the lake will be removed as part of this project. Grube noted there is also quite a bit of erosion that is taking place along the bank. As the soil conditions were examined, it was determined the soils are not very good and the outcome is a proposal to put in erosion control along the embankxnent and actually anchoring that erosion control into the embankment. Grube stated that will result in a good solid embankment,but the use of fabric in that area will make it more difficult for tree growth. Grube noted it will,however,provide a better view of the lake. Turner displayed a rendition of the roadway along the lake. Turner noted the current cable guardrail will be replaced with a new style of guardrail. Turner stated Segment 4 has essentially three priorities,including lighting, streetscaping and utility burial. The red depicts the lighting,the orange is the streetscaping, and the black is the utilities. Turner noted the only portion of this segment is the westerly portion near the cemetery. Burying of the utilities was discussed since it was felt that this area would not be developed and, as a result,burying of the utilities would not happen. The area near the Luce Line Bridge will act as a gateway and some lighting is being proposed in that area. Grube stated Hennepin County is asking Orono to consider some of the streetscaping options. Grube indicated he would be willing to approach Hennepin County about possibly picking up one-third of those costs. Grube noted the total cost of the project is expected to be around$32 million,with Orono's share being approximately$785,000, including the Willow component. If the Willow component is removed, the cost would be approximately$638,000. Grube noted the original anticipated cost to the City of Orono was approximately$2 million. McMillan thanked Mr.Turner and Mr. Grube for all their work on this project. Levang asked what would happen if Orono says no to something and Long Lake says yes, such as the streetscape on Segment 4. Page 4 of 29 � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH II2 IMPROVEMENT PROJECT, Continued) Grube stated that is something he would look at himself and that he would attempt to get the two parties to reach an agreement. Grube stated he would approach that from the perspective of the two cities asking themselves what the value would be and how it would impact the future. Grube noted the majority of the discretionary spending is in Long Lake rather than Orono and that he knows they are looking at that closely. McMillan asked if Hennepin County would do the design work on Willow and then the City would pay for the construction. Grube stated that is an option the City could go with it. Grube noted the$140,000 also includes design and engineering. Grube stated if, for example,there is$19,000 worth of engineering costs,the construction cost would be$120,000. If the City would like Hennepin County to do that,they would charge the City 10 percent of the construction costs and 8 percent for construction oversight. Grube indicated the City is also free to do their own design and construction oversight. McMillan asked if the Council should go through the line items tonight. Grube indicated he is here tonight to assist the City Council in their decision making but that it is the Council's choice on whether to proceed tonight or at some time in the future. McMillan asked whether the City Council should prioritize the preliminary design items. McMillan asked whether Hennepin County would go ahead and design an item even if the City is not interested in it. Grube stated if an item is a nonstarter,they would not start work on that. Grube stated if there is an item that Long Lake is very interested in but Orono is not,he would engage the two cities in discussion to see what the right decision is. Mayor McMillan opened the public hearing at 7:40 p.m. Ralph Kempf, 3675 Togo Road,asked as it relates to the sidewalk from Old Crystal Bay Road to the west of the school property,whether that is a sidewalk going from one destination to another. Kempf stated he is not remembering if there is anything to the west to walk to. McMillan stated it was something the school requested. Grube stated Hennepin County had elected to leave that portion of the trail all the way to County Road 6 out of the layout but the school district had indicated they would like some segment of that trail included. Grube stated as you look at it 10 to 20 years out,the school district may have a different access to their campus. McMillan stated she knows there is a gated road to the left that goes up towards the school's facilities but it might be something that they wish to open up at some point. Anderson noted that segment of trail would end at that road rather than go all the way up to County Road 6. Page 5 of 29 _ MINUTES OF TAE � ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH 112 IMPROVEMENT PROJECT, Continued) McMillan asked what the Council's thoughts are regarding the first segment. Printup indicated he is not in favor of a trail along the school property and that it is his understanding there may be a trail across the street or along Highway 12 at some point. Printup stated he also is not in favor of the lighting along that segment. McMillan stated she has an issue with the$40,000 in streetscaping in that area. McMillan stated there is a sidewalk and trail already there and she does not see the need to add any more concrete. Levang asked if the school is willing to pay for the trail. Grube indicated that question was not asked of them. Turner displayed the rendition of the intersection of Old Crystal Bay Road. Grube indicated that section is approximately$60,000,with the County paying$20,000 and the City paying$40,000. Printup stated as it relates to the streetscape that is something he has warmed up to. Levang asked if he would like that on both sides of the street. Printup stated he likes the streetscape as shown in the northeast corner but not on the south side. Grube noted the streetscape on the northeast side would be appro�mately$30,000. Levang indicated she would not be in favor of it on the south side. McMillan suggested the segment of trail the school wanted be left in as well as the streetscaping on the northeast side so it can be priced out. Bremer concurred the City Council should obtain prices for those items. Bremer indicated she would not be opposed to having the trail extended as far as they can in light of the City's philosophy of encouraging pedestrian access. Bremer stated it may be that ultimately the cost may be too much for the trail and the City Council decides not to go forward with that. Bremer commented she also is having a difficult time understanding why the hardscape in the northeast corner would cost$30,000 and that perhaps a little bit less would be better received. Bremer noted the City would be responsible for the upkeep of the streetscaping. Grube stated it probably would not be worth it to cut it back any further. Turner stated refinements of the design will occur and that they are trying to determine whether the Council is totally opposed to any elements of the design at this point. Turner indicated the costs for the streetscaping may come in below$30,000 once the final design is completed. McMillan and Levang indicated they would not be in favor of the streetscaping in that area. Page 6 of 29 � MINUTES OF TAE ' � ORONO CITY COUNCII..MEETING Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH 112 IMPROVEMENT PROJECT, Continued) Printup stated he would be more in favor than not since it may appear lopsided. Bremer stated her main issue with it is the upkeep,but that the Council should consider it and obtain the final costs before a decision is made. Turner indicated they have scaled the streetscaping down considerably from the first plan and that the hardscape tends to be more maintenance free and lasts longer. Anderson commented the trail along the school property would be a nice amenity to have,but if the school district is not interested in paying for it,then it probably is not a necessity. Anderson stated she also feels the same about the lighting. Anderson stated she would not be opposed to a smaller gateway in this segment as opposed to some of the other segments. McMillan asked if the lighting is just at the intersection. Turner indicated it is and that the lighting ties into the lighting in Segment 2. If the Council elects not to go forward with the lighting in segment two,then the lighting in segment one would not make any sense. Turner indicated the purpose of the lighting is to light it at least at the back of the turn lanes. Tumer stated he would encourage the Council to consider some lighting in Segxnent 1 if there is going to be lighting in Segment 2. McMillan stated she would personally prefer the area to remain dark west of Willow. Grube stated what he has gathered so far from the Council is that they would be in favor of the trail in Segment 1 only if the school participates in the costs. Grube asked if the City would be receptive to one-third for the school district, one-third for the City,and one-third for Hennepin County. Anderson stated she sees the value in considering that. Grube stated as it relates to the streetscape,the Council is interested only in the northeast corner and they would like to see that slightly more modest. Grube stated he also heard no on the lighting in Segment 1. McMillan asked if the Council would be interested in finding out the costs for the improvements near Willow. McMillan asked if that would be state aid money for the City. Struve indicated it would be. Grube noted the design and construction would be according to MSA standards for eligibility. It was the consensus of the City Council to leave in the improvements to Willow for the tixne being. Printup stated as it relates to the trail/sidewalk,he is leaning toward being in favor of it since years from now people may be wondering why they didn't include a sidewalk there. Printup stated he is not in favor of additional lighting in segment two and that a conversation with Long Lake is probably necessary regarding the streetscaping. McMillan asked if the streetscaping should remain in at this point. Page 7 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH II2 IMPROVEMENT PROJECT, Continued) Printup and Bremer indicated they would go along with whatever Long Lake decides. Turner stated if Long Lake elects to install lighting on the south side of the road and Orono elects not to light on the north, it may not solve the lighting situation and it would appear somewhat lopsided. McMillan stated the current lights in Long Lake are not very effective and asked whether better lighting would be installed. Grube indicated he is unable to say yes at this point but that Hennepin County would want to make the lighting more efficient as well as downward casting. Grube noted the current light fixtures are older and not the most efficient. McMillan asked if the lights would be staggered on both the north and south sides. Turner stated the plan does show staggered lighting,which provides for a little more uniform lighting,but that they could as be put across from each other. Turner stated they would likely propose the staggered lighting since the lighting would be more uniform. McMillan commented the lighting looks better staggered. McMillan indicated she is not in favor of lighting west of Willow,but if Long Lake is agreeable to lights up to Willow, she would be okay with staggering the lighting on Orono's side up to Willow. Levang indicated that would be fine for that segment. Grube stated this is one of the elements where he feels Hennepin County should bring some money to the table. Grube stated his understanding so far is that the Council is not in favor of lights west of Willow but that they would be willing to have lights east of Willow depending upon the reaction of Long Lake. Grube stated he is also gleaning from the Council that the trail and the off road facility should stay and that they would like to check with Long Lake on the streetscape. McMillan asked how the Council feels about Segment 4. Levang indicated she is not interested in having very much streetscape in that area and that she is not very interested in the utility burial since Orono will not gain much by burying the utilities. Levang noted there is not a significant amount of traffic in that area. Levang commented she likes the improvements along the lake and asked whether a utility pole would interfere with that. Turner noted the piece they are talking about for Orono is the easterly part of the cemetery. The project advisor has made the same recommendation to Long Lake for the power poles along the east side of the road. Turner indicated he is not sure what Long Lake will decide. Printup indicated he is in agreement with Council Member Levang. McMillan asked if he is opposed to the trail. Printup stated he would be opposed to the trail. Page 8 of 29 � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH 112 IMPROVEMENT PRO.TECT, Continued) Grube noted the trail cost for the City is $4,300 in this segment. Grube pointed out the location of the trail. McMillan stated if Long Lake agrees to the trail, she would be agreeable to it. It was the consensus of the City Council to support the trail in Segment 4 if Long Lake is agreeable to it. Grube stated he would recoxnxnend the trail to both cities since it is a very important element for the future. McMillan asked if there is a trail going east of Old Long Lake Road. Grube stated the answer is no,because once you get past that location,people will have an easier access to the trail down to the Highway 12 area. At this point, for Old Long Lake Road,the trail was originally on the south side and it was not included on the Orono side. Grube indicated it did make some sense to bring it over to Underhill and cross at that point. Grube noted the lion's share of this trail would be the responsibility of Long Lake. Grube stated it is his understanding the City Council is a no on the utility burial options and check with Long Lake on the trail. Grube asked if the Council is in favor of additional lighting and streetscape at the Luce Line Bridge. It was the consensus of the City Council to not go forward with the streetscape and lighting in the area of the Luce Line Bridge. Grube indicated he would put these options in writing and send them to the City Administrator. McMillan asked if Orono would be able to see Long Lake's comments. Grube indicated he would provide that once he receives it. Grube noted Long Lake met last week to discuss their options but has not gotten back to him at this point. Loren Schoenzeit,4480 Forest Lake Landing,asked whether the traffic control lights will be at the same quality level or more sophisticated. Schoenzeit noted the road to the school is used after hours and it is possible to miss the left turn signal which results in someone waiting there while the lights go through another cycle. Schoenzeit stated he would like to encourage Hennepin County to consider improving the quality of the traffic control signals. Schoenzeit stated when he hears no lights;he hopes that means no additional lights. Schoenzeit noted these are important intersections and they need to be lighted to some extent. Grube indicated he would agree with Mr. Schoenzeit. McMillan asked if Hennepin County would do redoing the traffic signals at the time of construction. Grube indicated they would be. Page 9 of 29 _ _ MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (3. CSAH 112 IMPROVEMENT PROJECT, Continued) Mayor McMillan closed the public hearing at 8:04 p.m. Grube stated he will obtain the information from Long La1ce and provide their comments to Orono. PLANNING COMMISSION COMMENTS—LOREN SCHOENZEIT,REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road,reported the Navarre Initiative Committee met on November 20 with representatives from Hennepin County and Three Rivers Park District. Appro�mately 25 to 30 people were in attendance. Kempf indicated approximately half a dozen people hung around and talked with the representatives of Hennepin County after the meeting. Kempf stated Bob Byers,who has been with the bike planning division,was in attendance at the meeting and was very receptive and open to access to the Dakota Trail. A couple of items that were mentioned at the meeting were issues relating to easy, safe and direct access to the Dakota Rail Trail. Kempf stated Bob Byers is familiar with the history of this area and the hurdles that are part of this program. Byers indicated there are funds available for projects like this and that he would recommend, if the City of Orono is willing to go forward,that Three Rivers and his group will be willing to come together and reopen the conversation. Kempf stated it is likely the City is not going to have a north/south trail going along County Road 19 for a long time and that it was proposed that Hennepin County should take a look at where the bikes actually are and possibly consider expanding the shoulders to the m�imum possible. Kempf indicated Byers responded positively to that as well. Kempf stated in his view that will help create a safer situation for the bikers in the area. PLANNING DEPARTMENT REPORT 4. #13-3615 JAMES ANDERST,3384-3386 SHORELINE DRIVE,CONDITIONAL USE PERMIT—CLASS II RESTAURANT James Anderst, applicant;was present. Gaffron noted this application was in front of the Planning Commission on two separate occasions. The applicant is proposing to establish and operate a new restaurant adjacent to the e�sting Narrows Saloon in the westerly half of the existing building. The new use is proposed as having a separate kitchen and dining facilities but would share an entryway in the rear of the property as well as the restrooms. In addition to that,the applicant is proposing two outdoor seating areas with food service and alcohol beverage service. As it relates to the site plan,the property consists of a third of an acre that is approximately 100 percent hardcover and 40 percent structural coverage. Neither of those things would be changed under this proposal. Page 10 of 29 � MINUTES OF THE ' ORONO CITY COUNCII.MEETING Monday,November 25,2013 7:00 o'clock p.m. (4. #13-361 S JAMES ANDERST, 3384-3386 SHORELINE DRIVE, CONDITIONAL IISE PERMIT—CLASS II RESTAURANT, Continued) Gaffron indicated there is a minor concern relating to the variance for the dumpster enclosure. The dumpster enclosure should technically be five feet from the rear lot line and 10 feet from the side lot line. The Planning Commission did not have a major concern with that location as long as it does not impact anything else and is oriented so there is easy access to it. Gaffron stated at the northerly edge of each of the two outdoor seating areas is a proposed fireplace. Gaffron noted if the fireplace exceeds six feet in height, it will be considered an encroachment to the rear yard. In the Council's packet,the applicant has provided various depictions of the front and back fa�ade with some landscaping and signage. Access to the interior of the building will be through the doors to the right of the center restroom area. Gaffron stated anyone who is going to access the outdoor seating areas will need to go into the restaurant first and then either to the left or to the. The Planning Commission discussed parking and the use of the City-owned parking lot,which contains approximately 120 parking stalls. The new restaurant use increases the building's need for parking from roughly 50 or 55 stalls up to around 75 stalls on paper. The Planning Commission felt that the offset in peak demand from this use as compared to some of the other uses of that lot would make it a reasonable expansion of the restaurant uses in the area and not create any issues with parking. Based on that,the Planning Commission recommended approval and Staff would recommend approval. Staff would bring back a resolution to the next City Council meeting that would define some of the specific aspects that should have some controls placed over them. One of the questions the Planning Commission had was regarding the hours of operation. The applicant is proposing the restaurant be open from 3:00 p.m.to 11:00 p.m. during the week and 8:00 a.m.to 1:00 a.m. on the weekends in the event they want to serve breakfast or lunch on the weekends. The new restaurant portion will be a sit down restaurant. Gaffron stated included in the Council's packets are some depictions of the interior of the building. Bremer noted there was a concern by one patron about the size of the restroom and the ability to serve both establishments and asked how Staff feels about that. Gaffron stated he requested the applicant's architect and the City's building inspector do an analysis of the size of the restrooms. Based on the type of building and size of the restaurant,they both deternuned on paper the bathroom is the appropriate size. Gaffron stated if the saloon has live entertainment,it is likely there will be a greater use of the restroom during break times,but that he is not sure if the City has any basis to require additional bathroom stalls. Gaffron stated he is not sure whether the bathrooms could be expanded outwards or whether the applicant is proposing an elevator system to the lower level,which may be an opportunity to add to the bathroom space. McMillan asked if serving of alcohol on the patio would still occur after 11:00 p.m. Gaffron stated that would be addressed as part of the liquor license and a separate application. Under the existing operation of the saloon,there are some restrictions on the hours. Page 11 of 29 _ MINUTES OF THE ORONO CTTY COUNCIL MEETING ' Monday,November 25,2013 7:00 o'clock p.m. (4. #13-361 S JAMES ANDERST,3384-3386 SHORELINE DRIVE, CONDITIONAL USE PERMIT—CLASS II RESTAURANT, Continued) McMillan stated in her view the outdoor patio area should not be serving alcohol after 11:00 p.m. Gaffron stated that condition could be added to the resolution. The Planning Commission discussed it briefly and looked specifically at food service stopping at 10:00 on weekdays and 11:00 p.m. on weekends. Gaffron indicated alcohol service could stop at the same time and that the Council could discuss that with the applicant. Printup asked whether the applicant has considered outdoor seating in the front. Gaffron stated the City does not have any ordinance that defines outdoor seating and that there is a limited area in the front. Gaffron indicated the City has a number of easements dealing with the right-of-way and that there is also the curb to deal with,which raises the question of how much room is available and still have pedestrian access. Gaffron indicated five years ago outdoor seating in the front was part of the original application and was later dropped. There are other businesses in town that use portions of the front sidewalk. Gaffron noted De Vinci's has a variance to use their front sidewalk for seating and it has been essentially a nonissue. James Anderst stated as far as the bathrooms are concerned,the bathrooms were expanded a number of years ago to handle the whole building. At that time there was more seating available because there was not a kitchen and another bar. Anderst commented based on one letter from one patron,you should not reinvent the wheel. Bremer stated she personally has not had the same kind of problem when she was in there. Anderst stated it has never been an issue in the past but additional seating is being added. Levang asked if there would be a restroom in the lower level. Anderst indicated there would not be a bathroom down there. McMillan asked if he is okay with stopping alcohol service after 10:00 or 11:00 p.m. Anderst stated he does not see an advantage to that for him or the patrons. Anderst stated the patrons will have a nice place to sit outside in the evenings with a nice fireplace and that he does not see the advantage to not serving alcohol. McMillan stated she is concerned about the noise element. Bremer stated the serving of alcohol could be part of the liquor license discussion and if the neighbors start complaining about noise,the City will need to respond to it. Anderst stated it was all one liquor license previously and pointed out the tap beer would come from the same cooler as the Narrows. Anderst commented all they are doing is providing a different,quiet venue and a different look to serve a different clientele. Anderson stated Arderst thought he could put it under one liquor license. Page 12 of 29 � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (4. #13-361 S JAMES ANDERST, 3384-3386 SHORELINE DRIVE, CONDITIONAL USE PERMIT—CLASS liRESTAURANT, Continued) Mattick stated it will end up being two licenses if there are two separate businesses. McMillan stated she understands the applicant would like the restaurant to be open from 3:00 p.m.to 11:00 p.m. during the week and 8:0 a.m.to 1:00 p.m.on the weekends but that she is trying to figure out why the two different closing times. Anderst stated during the week he would like to be open at 3:00 in the afternoon and that everybody would probably be done eating by 11:00. The weekends will be different since people tend to stay longer and eat later. McMillan asked if there would be a door blocking access to the restaurant area from the saloon. Anderst indicated there would be. Anderst noted his liquor license allows him to sell alcohol from 8:00 a.m.to 1:00 p.m. Mattick noted in some areas you can serve alcohol unti12:00 p.m. Anderst indicated he does not want to do that. Bremer asked if the kitchen would be closed at 11:00 on weekdays. Anderst noted during the week the kitchen in the Narrows closes at 10:00 p.m. and 11:00 p.m. on the weekends. Gaffron stated one of the questions the Council should address is regarding the landscape plan and the arborvitaes. The applicant is proposing some arborvitae next to the fence,which is basically the totality of the landscape plan. Gaffron stated Staff needs to know if additional landscaping is being proposed. Anderst indicated there will be brick columns, a wrought iron fence,and stone.Anderst indicated he does not want a pine tree in that area since they do not have that much room. Anderst stated on the inside of the fence there will be like a flower bed but that he does not know what type of flowers will be planted. Anderst noted the space is limited in that area. Gaffron stated the Planning Commission had wanted a more definitive idea of the type of plantings. Gaffron indicated he is more comfortable with the original landscape plan. Printup stated the colored rendition is a nice concept if that is the plan that is being proposed. McMillan stated in her view the people sitting on the patio would want to be able to look through the wrought iron fence. Anderst noted they would be looking out over the parking lot and that the arborvitaes would help block the headlights. Page 13 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (4. #I3-361 S JAMES ANDERST,3384-3386 SHORELINE DRIVE, CONDITIONAL USE PERMIT—CLASS II RESTAURANT, Continued) Printup comxnented it would be nice if this is the domino that starts the other businesses to reinvest in Navane. Anderson moved,Printup seconded,to approve Application No. 13-3615,James Anderst on behalf of Narrows,LLC,d/b/a Orono Liquors,3384-3386 Shoreline Drive,granting of a conditional use permit for restaurant use,subject to the conditions outlined by Staff,with an attempt to screen and buffer the back with wrought iron,arborvitaes,and brick pillars. McMillan asked whether the hours of operation should be included in the motion. Gaffron indicated he will include the hours of operation that were discussed tonight in the resolution and that the City Council can change those at the time of the liquor license renewal. VOTE: Ayes 5,Nays 0. 5. #13-3616 CITY OF ORONO,ZONING CODE AMENDMENT—ALTERNATIVE ENERGY SYSTEMS,ORDINANCE NO. (TABLED) Gaffron stated the Planning Commission has held a number of public hearings regarding this draft ordinance and there has been virivally no public input. The alternative energy systems section would help define the various known types of alternative energy systems and then establish a set of standards for each of those uses the City chooses to allow as accessory uses or establish a prohibition on those it chooses to not allow. Gaffron indicated the draft ordinance contains the following general topic areas: scope-purpose and intent—definitions, ground source heat pump systems, solar energy systems,wind energy conversion systems,and hydronic furnaces. The ordinance before the Council tonight includes four distinct versions and allows options for allowing or prohibiting WECS and/or hydronic furnaces. The two WECS ordinance models were considered by the Planning Commission,and although the Planning Commission attempted to integrate the best parts of each model into a single WECS ordinance, Staff concluded that integrating them into a single option was not viable given the difference in intent and the orientation toward comxnercial WECS. The Woodbury/North St. Paul model is less detailed,more straight forward,and perhaps oriented more toward residential WECS. The Planning Commission held a public hearing on November 18 with no public comments being provided. The Planning Commission voted 5-0 to recomxnend adoption of the ordinance version using the Woodbury/North St. Paul model for WECS and prohibiting hydronic furnaces. Planning Staff concurs with the recommendation of the Planning Commission. Staff would note that ground source heat pump systems and roof-mounted solar energy systems are becoming more common in Orono,while at the same time there is no demand for wind energy conversion systems or hydronic furnaces. The standards laid out in the different versions have been tailored to minimize or eliminate potential negative neighborhood impacts. Page 14 of 29 � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (S. #13-3616 CITY OF ORONO,ZONING CODE AMENDMENT—ALTERNATIVE ENERGY SYSTEMS, ORDINANCE NO. (TABLED), Continued) Levang stated as it relates to Page 7,Item No. 9 states that the collector and mounting system shall cover no more than 70 percent,which in her view seems like a huge amount. Levang asked how the 70 percent was determined. Gaffron stated that number likely came from other cities' codes and it was not something Staff attempted to define. Levang asked when the Planning Commission reviewed the draft ordinance whether they considered how that would impact the neighbor's view and whether any thought was given to the aesthetics of the system and the impact on someone else's view Gaffron stated the language in Item No. 10 states that all solar panels shall be designed, installed, positioned and constructed of materials so as not to cause any glare or reflective sunlight onto neighboring properties or structures,nor toward vehicular traffic on land or on a lake, and so as to not obstruct views. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. Gaffron indicated those standards are all addressing the potential impacts on a neighbor but not addressing necessarily the aesthetics. Gaffron stated the Planning Commission did not specifically discuss aesthetics. McMillan asked who would make the decision on whether it is causing glare or other problems. Gaffron stated that would be part of the design work and review process that would occur. Gaffron indicated the ordinance itself does not provide any specifics on who would make that determination so it would likely be up to City Staff. Mattick stated if there is glare,the City Council would need to address it,but the ordinance calls for non- reflective materials.Mattick stated other cities tend to regulate the type of materials used. Printup asked if any of the options or versions discussed by the Planning Commission ever looked at systems on a case-by-case basis and whether the City should develop a process to handle that rather than an actual ordinance. Gaffron stated if these were made a conditional use as opposed to an allowed or permitted accessory use that would be one way to guarantee review by the Planning Commission and City Council. Mattick stated that is correct,but in terms of a case-by-case basis,the City has to make sure that Property Owner A has the same rights as Property Owner B. Mattick indicated the regulations created would need to be uniform and that properties in the same zoning district would need to have the same chance at installing solar. Page 15 of 29 MINUTES OF THE � ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (5. #13-3616 CITY OF ORONO,ZONING CODE AMENDMENT—ALTERNATIVE ENERGY SYSTEMS, ORDINANCE NO. (TABLED), Continued) McMillan noted that Staf�s report states that ground source heat pump systems and roof mounted solar energy systems are becoming more common in Orono,which leads her to believe that the other systems, such as ground mounted solar systems,wind turbines and furnaces are not common. McMillan stated she has a concern with the City writing ordinances for items that are not seeing any use yet in Orono, especially as it relates to some of the ground mounted solar systems. If someone decides to install a ground mounted solar system,they could have a pretty extensive array of solar panels that aesthetically does not look good,is not niral looking,and could potentially have glare. McMillan stated the biggest concem she has is that the neighbors will have to look at it and that she hesitates about going down the path of allowing that since that is not popular here in Orono and it is not something that everybody would like to look at. McMillan noted roof mounted systems can be hidden and are more common,which are reasons why she would not be opposed to those. McMillan stated she would only look at ground mounted solar systems on a minimum of five acre lots at the very least and then in addition require larger setbacks. McMillan stated the City needs to question whether they want to have systems that have a more urban, industrial look, since they will impact the neighbors. McMillan commented these systems benefit the property owner at the expense of their neighbors. McMillan indicated she is not yet in favor of wind turbines and that the City should perhaps look at creating an ordinance once they become more popular. McMillan indicated she would prefer to go down the path of writing the least amount of ordinances, and then if something becomes more common,then the City can create an ordinance to handle it. Mattick asked if the direction would be to bring back an ordinance that does not allow ground mounted solar,wind energy,and hydronic fumaces. Mattick asked whether the City Council is okay with geothermal. Levang and McMillan indicated geothermal would be okay. Anderson stated the ordinance could also contain a five acre minimum. Levang stated geothermal can only be allowed if they have enough land in the first place due to the requirements of the system. Mattick indicated he is not familiar enough with geothermal systems to know if they require a certain amount of acreage to work. Gaffron stated there is no requirement in any of the other cities' code provisions that talk about a minimal lot size for ground source heat pumps. McMillan stated the systems cannot be in the setbacks. Mattick stated he can bring back a revised ordinance before the City Council at their first meeting in December. Page 16 of 29 MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (S. #13-3616 CITY OF ORONO,ZONING CODE AMENDMENT—ALTERNATIVE ENERGY SYSTEMS, ORDINANCE NO. (TABLED), Continued) Gaffron indicated Staff will draft an ordinance that prohibits WECS,hydronic furnaces and ground mounted solar panels. Mattick stated if the City starts to receive applications for those systems,the City Council can look at amending the ordinance. Bremer moved,Printup seconded,to table Application No. 13-3616,City of Orono,Zoning Code Amendment,Alternative Energy Systems. VOTE: Ayes 5,Nays 0. 6. #13-3631 LANDSOURCE,LLC (TODD HOLMERS),3700 NORTHERN AVENUE, PRELIMINARY PLAT—RESOLUTION NO.6345 Gaffron noted at the last City Council meeting they approved this application on a 3-2 vote and directed Staff to draft a resolution for preliminary plat approval per layout option one. The resolution is before the City Council tonight and includes a number of conditions the applicant will need to meet in order to gain final plat approval. Printup asked whether any city money was ever tied up into cleanup due to knocked over signs and mud going out on the ice of Lake Minnetonka as it relates to the Maple Place development. Struve indicated the developer will be receiving a bill for the knocked down signs. In terms of the mud going into the lake,the matter was turned over to the Minnehaha Creek Watershed District. The applicant will need to remove some sediment buildup to the north of Cherry Place. Printup stated the reason he asked that is whether some type of escrow should be set up to ensure that it does not happen again. Struve noted there are escrows as part of the building process, and if the bill is not paid,the monies would be taken out of the escrow account. Gaffron noted on this application since they are creating a roadway,there will be a letter of credit associated with the actual subdivision process to create the building lots. McMillan stated she does have some concern with this builder given the nuxnber of calls the City received on the development on Maple Avenue. McMillan stated she hopes the developer realizes that on the higher density sites there needs to be more oversight and that she does not want Staff to be as involved in this development as they have been with the development on Maple Place. McMillan noted there is not a conservation easement for tree and open space preservation in the Council packet. Gaffron indicated the Council does not have it at this time because the City Council will be able to approve it or tweak it as part of the final plat application. Gaffron indicated Staff would be working with the developer to develop language in addition to the City's typical boilerplate easement. Page 17 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (6. #13-3631 LANDSOURCE,LLC(TODD HOLMERS), 3700 NORTHERNAVENUE, PRELIMINARYPLAT—RESOLUTIONNO. 6345, Continued) McMillan noted once the preliminary plat is approved,not much can be changed at the time of final plat. Mattick stated the conservation easement is something that can be adjusted and that the terms of the easement are something the City Council does have authority to review at the time of final plat. McMillan stated the City has always done wetland conservation easements,which is part of the process of protecting the water quality and wetlands. McMillan indicated she does have a concern with subdivisions where the City has to place a number of other easements or restrictions on the property. McMillan stated having to place a lot of other restrictions on the property harkens back to her initial concern with the amount of lots being proposed for this site. McMillan noted the resolution states that Lots 3 and 4 contain less than one-half acre of contiguous dry buildable and that it might only be Lot 4. McMillan stated in her view Lot 4 is not a good building site and for that reason she will not vote for the resolution. McMillan stated Lots 3 and 4 should be combined into one lot and that having two building envelopes will put more pressure on the adjacent lots. McMillan stated in her view five lots should be the absolute maximum on this site. Levang requested Staff display the layout of the site. Levang noted there is only a 10-foot back yard for Lot 4. Gaffron stated Exhibit D depicts the six narrow lots going from front to back and also shows the location of the conservation easement and the building envelopes. Levang asked whether the wetland buffer would be 40 or 50 feet. Gaffron indicated the wetland buffer would be 40 feet and the additional setback is 10 feet, for a total of 50 feet. Gaffron noted the house on Lot 4 cannot be built exactly the way it is depicted. In addition,the developer is showing a 35-foot front setback which can actually be reduced to 30 feet, so the development can be moved further south. Gaffron indicated he is in agreement that Lot 4 has no flexibility whatsoever and that the property owner will have a minimal backyard of no more than 10, 15 feet from the back of the house. Gaffron indicated the PRD process allows this type of density to happen and in this case,due to the wetlands,there are some lots that are restricted, inflexible, and do not allow much leeway. Levang indicated she is concerned about a back yard that is only 10 to 15 feet. Gaffron stated that is a choice of the developer and the buyer. Levang asked if Staff has any idea about the size of the houses or the cost of the homes. Gaffron indicated there have been no depictions of the houses submitted and that the generic shapes shown on the layout will likely change. Page 18 of 29 ` MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (6. #13-3631 LANDSOURCE,LLC(TODD HOLMERS),3700 NORTHERNAVENUE, PRELIMINARYPLAT—RESOLUTIONNO. 6345, Continued) George Stickney indicated he is here tonight representing the Slechta family and not Todd Holmers. Stickney stated he was told by the family that if the application was not going the right way,that he should stop it. At the first Planning Commission meeting there were a number of neighbors speaking against it so it was requested the application be tabled. At the next Planning Commission meeting a plan similar to what is being discussed tonight was presented. Stickney noted this current plan will have less hardcover than if they went with four lots and will be less injurious to the neighbors. Stickney indicated they could have come back with four 100-foot lots,which would result in 25,000 more feet of hardcover. Stickney stated they had one person that spoke against this plan at the last Planning Commission meeting,which was the person next door expressing a concern about the driveway. Stickney stated the current plan has less hardcover and will result in a lot less hardcover on each lot. Stickney stated the proposal also puts the homes further out of the sightline of the neighbors. Stickney indicated he could come back here with a plan for a four lot development but that it will have larger houses,bigger decks,and longer driveways. Levang stated her concern is with Lots 3 and 4 and the small size of the lots. Stickney stated a lot of empty nesters do not want a big back yard and the small lot size will prevent a large house from being built there. Anderson noted the developer is restricted by the PRD process and the constraints that are placed on the lots as a result,which Mr. Stickney is acknowledging. Stickney noted the City Council would also have no control over back lots on a four lot subdivision. (Recess taken from 9:01 p.m.to 9:07 p.m.) Bremer stated she is in favor of passing the resolution that has been drafted with the clarification on Lots 3 and 4 that was pointed out by Mayor McMillan. Anderson indicated she is also in favor of passing the resolution. Printup stated he is in favor of approving the resolution. Printup commented this area has typically been seen as having higher density. Levang indicated she is not in favor of the resolution and that she has concerns with Lots 3 and 4 and the small lot sizes. Levang indicated the Council does not have any information on how big the houses will be or what the cost of those homes will be,which is important information to have. Levang stated there is an assumption that these houses will be small,which may not be correct. Levang stated she also has a concern about the site being clear cut. Levang stated if the resolution is passed,the developer should at least be required to maintain the border of trees along Northern Avenue as outlined on Page 5 of the conservation report. Page 19 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (6. #13-3631 LANDSOURCE,LLC(TODD HOLMERS), 3700 NORTHERNAVENUE, PRELIMINARYPLAT—RESOLUTIONNO. 6345, Continued) Levang indicated she also is not in favor of Point No. 16,which is the easement for a walking area around the wetland. Levang noted the walking area will be within the buffer,which is not a good idea. Levang stated as Mr.Kempf pointed out at the last meeting,any kind of trampling on the land will disturb the natural habitat,which is problematic. Printup stated it is his recollection the walking trail was removed. Gaffron stated those are findings of the Planning Commission and City Council,which is merely saying that the Planning Commission recommended a trail. Gaffron stated if the City Council wants to make sure the trail will not happen,language needs to be included in the conditions of approval,which are on Page 8. Gaffron stated language prohibiting the trail is not included in that section. Levang stated she would ask for a disapproval of the trail and that she would like to see Lots 3 and 4 combined. McMillan indicated she is not in favor of a tree preservation easement on the back side of the property and noted that in order for the six homes to be built,it is likely most of the trees in the front will need to go. McMillan indicated she would not put a tree preservation easement on the back part either and that people have certain property rights. If the Council is going to allow people to own all the way to the back,they should be allowed certain rights. McMillan noted there will have to be a lot of cutting and moving and it will have an impact on the site,which is one reason why she is not comfortable with six homes. McMillan asked whether it should be Lot 3 or Lot 4 on the bottom of Page 4. Gaffron indicated it should only read Lot 4 that has less than a half-acre of total dry buildable. McMillan asked if the City has ever put a restriction on accessory structures in the past. Gaffron noted this is a PRD development and that the City Council has the right to put those limits on the development since a Planned Residential Development allows the City Council to vary from the normal City standards. Gaffron noted no one has said accessory structures would not be allowed within the areas that are not in the conservation easement and that the conservation easement was defined to include the buffer and the areas on the north half of the property. Gaffron noted the lots could have accessory buildings all the way to where the conservation easement starts. McMillan asked whether the City allowed accessory structures on Creekside. Gaffron indicated on Creekside there were lots that were an acre to slightly less than one acre in a two- acre zone. In that case the property owners own all the way to the lot line but there is a tree preservation easement over the last 50 feet. McMillan asked whether accessory structures were allowed. Gaffron indicated he does not recall. Page 20 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (6. #13-3631 LANDSOURCE,LLC(TODD HOLMERS), 3700 NORTHERNAVENUE, PRELIMINARY PLAT—RESOL UTION NO. 6345, Continued) McMillan asked whether Creekside has a homeowners association. Gaffron noted there is a private road and a homeowners association,which has an obligation to maintain approximately 14 acres of an outlot that is part of a conservation easement. Printup moved,Anderson seconded,to adopt RESOLUTION NO. 6345,a Resolution Approving a Preliminary Plat and Granting a Conditional Use Permit to Allow Development as a Planned Residential Development(PRD)for the Property Located at 3700 Northern Avenue,with language being incorporated to prohibit a wallang trail within the wetland buffer area. McMillan asked whether Item 16 should be deleted. Mattick stated the resolution does not require a trail. Gaffron noted Page 8 states the easement shall incorporate as a minimum the following, and the last line of the paragraph says creation and maintenance of non-hardcover walking paths may be allowed within the conservation easement. Gaffron indicated that language could be changed to shall not be allowed. Mattick stated instead of removing it as a requirement, it should explicitly say they are not allowed. Levang asked about the tree border adjacent to Northern Avenue. Gaffron stated Staff would expect that to be part of the conservation management plan. Bremer noted that would be a separate document that the Council will review at a later time. Printup amended his motion,Anderson seconded,to adopt RESOLUTION NO. 6345,a Resolution Approving a Preliminary Plat and Granting a Conditional Use Permit to Allow Development as a Planned Residential Development(PRD)for the Property Located at 3700 Northern Avenue,with language being incorporated to prohibit a walking trail within the wetland buffer area,and with the resolution being corrected to read only Lot 4 contains less than the LR-1C required 0.50 acres of conHguous dry buildable land. VOTE: Ayes 3,Nays 2,McMillan and Levang opposed. *7. #13-3640 JAMES MURPHY AND SANDRA SMITH,20 AND 30 ORONO ORCHARD ROAD NORTH,LOT LINE REARRANGEMENT—RESOLUTION NO.6346 Anderson moved,Printup seconded,to adopt RESOLUTION NO.6346,a Resolution Approving a Subdivision of a Lot Line Rearrangement and Extinguishment of the Conditional Use Permit Granted with Resolution No.4836,for the Property Located at 20 and 30 Orono Orchard Road North. VOTE: Ayes 5,Nays 0. Page 21 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. *8. #13-3642 ZIV AND TALI LIBERMAN,2690 CAROLINE AVENUE,VARIANCE— RESOLUTION NO. 6347 Anderson moved,Printup seconded,to adopt RESOLUTION NO.6347,a Resolution Granting a Variance to Municipal Zoning Code Section 78-78-1279(6),for the Property Located at 2690 Caroline Avenue. VOTE: Ayes 5,Nays 0. *9. #13-3643 JOHN BRUNELLO,825 WII�LOW DRIVE SOUTH,VARIANCES— RESOLUTION NO.6348 Anderson moved,Printup seconded,to adopt RESOLiTTION NO. 6348,a Resolution Granting Variances to Municipal Zoning Code Sections 78-420 and 78-1279(6),for the Property Located at 825 Willow Drive South. VOTE: Ayes 5,Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT *10. PUBLIC WORKS MAINTENANCE WORKER Anderson moved,Printup seconded,to appoint Justin Hirsch to the position of Public Works Maintenance Worker at an annual salary of$38,972,effective December 16,2013. VOTE: Ayes 5, Nays 0. 11. 2014 NAVARRE STREET LIGHT& SIDEWALK PROJECT Struve stated at the October 28 City Council meeting preliminary plans and specifications were presented for the 2014 Navarre streetlight and sidewalk project. As a result of that meeting there were no real changes to the plans or specifications based on the input of Council. The Council had raised a few questions about changing the location of some of the streetlights to help with some lighting at a few intersections with the smaller arm. In addition, some of the Council Members questioned what the implications would be if some of the wiring west of Navarre Lane was salvaged. Struve indicated Staff has reviewed the lighting spectrum and it is Staff's opinion that there will be adequate light throughout the corridor with the new lights at the proposed locations. Staff also looked at the intersection of Carman Street and Casco Point Road. There currently is s a light on Casco Point Road that will be replaced and it is Staff s opinion that the new lights will adequately light that intersection. The light on Carman Street is a slight distance from the intersection and Staff would propose moving that light closer to the intersection depending on the location of the utilities. Bremer noted there are a number of large trees in that area and that the streetlight is not that far from the corner. Bremer stated there is also a bus stop in the area. Struve stated at this point it is difficult to know whether it can be located closer to the intersection but Staff will attempt to improve that intersection. Struve stated in his view the lighting through the corridor will be adequate. Page 22 of 29 � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (ll. 2014 NAVARRE STREET LIGHT&SIDEWALKPROJECT, Continued) Struve stated one of the other questions raised by the Council was whether the wiring west of Navarre Lane could be salvaged. Staff has looked at those costs and it is Staff's opinion that it would be better use of the funds to replace the entire wiring now in light of the issues experienced by Spring Park. Struve indicated the cost to piecemeal that wire in t�ltimately over the next five to ten years will end up being approximately five times higher based on replacement cost and the costs associated with remobilizing the equipment. McMillan stated it does not appear to be that big of a cost savings and that it appears to be all or nothing at this point. Struve requested the City Council consider a motion to accept the plan and obtain bids for the 2014 Navarre streetlight project. McMillan asked whether the cost to replace the two lights on County Road 15 and County Road 19 would be incurred by the City. Struve indicated it would be the City's cost. Levang asked what will happen to the old wire. Struve stated the majority of the old wire will remain in place since the new wiring will be directionally bored in. Struve indicated Staff can look at removing parts of it at the time the sidewalks are replaced. Anderson moved,Bremer seconded,to accept the proposed plan and schedule and to order Staff to obtain bids for the 2014 Navarre street light and sidewalk project. VOTE: Ayes 5,Nays 0. PUBLIC WORKS DIItECTOR/CITY ENGINEER'S REPORT,CONTINUED Struve reported work on Bederwood Park has been completed. The Public Works Department has been working with participants in the Sentence to Serve program and they have been spreading wood chips through the parks on the trails. Struve indicated to his knowledge that work will be finished tomorrow. In addition, Staff is in talks with that program in an effort to utilize them in the winter months to remove buckthom at the golf course as well. Levang asked how the leaf drop-off had gone. Struve indicated there is a pretty substantial pile and that the time period for that drop-off program is now closed. Anderson asked if the brush site has been cleaned up and chipped. Anderson indicated a couple of residents have expressed concern on whether the site would be cleaned up to make room for parking before winter. Struve stated they were hoping to have completed the work by now but it has been delayed until the first or second week of December. Page 23 of 29 r MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. (PUBLIC WORKS DIRECTOR/CITYENGINEER'S REPORT, Continued) Bremer noted Item No. 10 on tonight's agenda contained a small typo on the council action memo that approved the position beginning December,2014,and it should be December, 2013. MAYOR/COUNCIL REPORT This item follows Item No. 12. CITY ADMINISTRATOR'S REPORT 12. ARCHITECTURAL SERVICES AND CONSTRUCTION MANAGEMENT CONTRACTS Loftus stated following Council direction from a September work session, Staff has met with representatives from SKD and Kraus-Anderson to identify the next steps in the garage addition and remodeling project for the police department. Loftus requested the City Council consider a motion to approve the contracts with SKD Architects and Kraus-Anderson. McMillan asked if the decision that Staff made to utilize a construction management advisor was based on the value that can be gained by utilizing that service. Loftus indicated both Police Chief Farniok&herself spent some time discussing the process of a general contractor versus a construction management advisor,and in looking through it and talking with people who have utilized construction expertise up front has allowed a good amount of feedback to be provided prior to the design phase. Loftus stated they would like to be able to use as much precast concrete as possible and implement as many cost effective options as possible. Loftus stated during the space needs study,the advice the City received was very helpful McMillan asked how much costs have been incurred to this point. Loftus indicated no actual costs have been incurred for the Kraus-Anderson contract at this point and the SKD contract is broken out by phases. On Page 22 of the SKD contract, it states that the schematic design phase will cost the City 20 percent of eight percent of the cost of the project. Loftus indicated she does not have the exact number at this time but that the anticipated cost of the project is $3 million. Bremer stated it would be roughly$48,000. Loftus stated if the Council goes forward with the schematic design phase,the City would be out 20 percent of his fee and then additional fees are incurred as you go through each phase. Loftus stated the City would be moving forward on the project by contracting with these two companies. Bremer stated Staff's memorandum contained a helpful summary and noted the Council has spent quite a bit of time meeting with representatives from the two companies. Bremer stated in her view this is the right step. Page 24 of 29 � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (l2. ARCHITECTURAL SERVICESAND CONSTRUCTIONMANAGEMENT CONTRACTS, Continued) Printup commented this has been a 20-year conversation that has been had on and of£ Printup stated by approving this,it will be a major commitment and it will take a lot of will to push it forward. Printup stated he has gone back and forth on the numbers and how to tell the residents the reasons for why it should be approved or not approved. Bremer stated police service,including the safety of officers and the squad cars,is one of the core services that the residents expect the City to provide. Bremer stated the garage should have just been planned for in the first instance. Bremer noted the City has a new reality now with the addition of the Mound,which has also created this opportunity. Anderson stated there is also the continued benefit of shared services. Anderson stated the City has to be able to accommodate a growing department as well as provide a safe environment for a lot of expensive property and equipment inside the squad cars. Anderson stated it seems to be the right thing to do if the numbers work out. McMillan stated the approach that is being taken also adds some functional amenities to the building that have been put off the side. If the City is going to do forward with the project,it makes sense to make the building as functional as possible as well as provide a safe place for the officers to work. McMillan stated the City Council also has to be mindful of the costs at the same time and that it is a big step but that she is comfortable with the idea. Levang indicated she appreciated having SKD on this project since they brought a whole new aspect to the project and that the functionality of the building will be increased significantly. Levang stated deciding how to pay for it will be the next step. Levang moved,Printup seconded,to approve the contract with Kraus-Anderson Construction as the construcNon management advisor and to approve the contract with SI�Architects,Inc.,for arclutectural services. VOTE: Ayes 5,Nays 0. CITY ADMII�TISTRATOR'S REPORT,CONTINUED Loftus noted December 9 at 6:30 p.m. is the final opportunity for residents to provide input on the City's 2014 budget and tax levy. The third quarter building permit report shows the City is experiencing an uptick in building. Loftus noted that herself,the Mayor McMillan and Ron Olson met with the Hennepin County Assessor's Office and they indicated that residential property values in the City will be increasing around two percent. Loftus noted that would be the first increase since the 2007 assessment period and are two fairly positive indicators of a modest economic recovery. Loftus reported the Fire Advisory Committee met recently and the year-to-date expenses are in good shape. The building was constructed in the 1990s and the fire department has been experiencing some mechanical equipment issues which will need to be addressed. Page 25 of 29 MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (CITYADMINISTRATOR'S REPORT, Continued) Loftus stated the Council should also be aware that Fire Chief Van Eyll and Mound Fire Chief Greg Peterson have been hosting meetings with other local fire chiefs to discuss shared services. Loftus indicated they are looking at perhaps creating a larger district to avoid the need for each fire department to purchase some of the larger equipment. Loftus indicated there are still six or seven years left on the contract and that the talks are still in the exploratory phase. McMillan indicated the committee is also looking at duty or daytime crews that can respond to smaller incidents quicker. McMillan noted the St.Bonifacius Fire Department and Maple Plain Fire Department has had some issues with getting the volunteer firefighters to respond. McMillan stated that is not currently a problem with the Long Lake Fire Department and that they are very well staffed. MAYOR/COUNCIL REPORT Levang indicated Tuesday,November 19,Mayor McMillan and herself attended their fmal LMCC meeting. That meeting marked the end of Orono's long and distinguished relationship with the cable commission. Levang indicated she would like to take a few moments to provide a summary of the events of the past year. Levang stated Orono has been with the LMCC since the beginning. Thankfully, for the City of Orono, Mayor McMillan began to attend LMCC meetings in 2012 as a way to begin to better understand the work of the cable commission and,more specifically,to learn about the three-year cable franchise renewal process. Levang indicated when she came on board in January,the LMCC was two years into the renewal process but had made little to no forward progress in detailing a new franchise. The issues that were of greatest significance to Orono were, one,total build out in Orono; and two,an equitable business model for the seventeen member cities. Levang stated when she and Mayor McMillan realized that the LMCC would not guarantee Orono even partial build-out and were stonewalling changes to the business model;the City Council decided to negotiate directly with Mediacom and successfully signed a new contract with them. This new contract provides for a complete build out of Orono by 2015 and gives Orono complete control of franchise and PEG fees. T'he hope is to reduce these fees in the near future. Over the last ten months,Levang stated she and Mayor McMillan have worked tirelessly to represent Orono subscribers and citizens on the LMCC. In addition to attending the regular meetings,a special subcommittee was convened to look at altemate business models and,more recently,a resolution was put forth by Orono to return excess fees to member cities. Unfortunately,none of those efforts to engage the cities in change and good government practices met with success. During the process,however, Orono was able to form supportive relationships with Medina,who also left the LMCC,and with other cities who have given notice of withdrawal. Page 26 of 29 � MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,November 25,2013 7:00 o'clock p.m. (MAYOR/COITNCIL REPORT, Continued) Levang stated startling to both of them was the disrespectful and inappropriate treatment they received from the LMCC chair. Levang stated the LMCC chair attempted to prevent them from participating in commission meetings by openly saying that since Orono had withdrawn, it should have no say in the work of the LMCC. Any concerns that were expressed were met by comments from the chair of being disruptive to the Commission. Levang stated there were multiple attempts to silence Orono's voice at the Commission meetings. Levang stated at last week's meeting,the chair ended the night by reprimanding Orono and Medina for annoying LMCC staff with information requests and for running up bills with the LMCC attorney. Levang commented,needless to say,the Chair's treatment was difficult to tolerate and she and Mayor McMillan are very happy to be on the other side right now. Levang indicated she is looking forward to the improvements that will come to Orono with the new Mediacom franchise. McMillan indicated it was a sad end and that Orono was looking for ways for the cities to stay together but it did not seem like there was a free flow of information. McMillan indicated they wanted to have an open dialogue and discuss other alternatives but it seemed predetermined to keep the status quo. Orono had said they would leave the LMCC on September 30,which was the end of the third quarter,but the LMCC wanted the last quarter of franchise fees. McMillan stated in her view, from a good governance standpoint,it would be good to try to get a share of the excess funds back to the member cities. McMillan indicated that money would have been nice to help outfit the Council chambers. McMillan stated she understands some people have expressed concerns but that it was not handled very appropriately by some of the Commission board members. McMillan indicated they struggled hard to get their voices heard in the last quarter. McMillan wished the LMCC luck going forward as well as the other cities that possibly will leave. Levang noted the LMCC asked for an extension with Mediacom through February because they could not come to an agreement. Levang stated the LMCC still has no franchise after three plus years. McMillan noted Orono's subscribers will continue to receive LMCC services until the end of February. Anderson commented she appreciates the efforts of Mayor McMillan and Council Member Levang. Anderson reported she met independently with some people with the Long Lake/Orono Rotary who requested they be kept updated on what is happening in Orono. McMillan noted a fundraising letter for the golf course will be going out signed by Steve Kelly and Ron Ridgeway. McMillan indicated she will distribute that letter once it is ready to the Council. McMillan indicated the fundraising fund will be similar to the Save the Lake fund. Levang noted it will be the 90t''anniversary for the Orono Golf Course coming up next year and that they would like the buildings and the golf course to look nice for that event. McMillan reported the Lake Community Coalition meet last Thursday and that their goal is to work with the local schools on a foruxn dealing with relationship issues experienced by teenagers. McMillan indicated it will involve some sort of in school program lasting approximately a half-hour to 45 minutes. McMillan stated the Orono Police Department has indicated they see this as a real need in this area and that the school program will probably happen the first week of February or the end of January. Page 27 of 29 r MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,November 25,2013 7:00 o'clock p.m. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. 13. LICENSES & PERMITS ANNUAL LIQUOR LICENSES Club on Sale and Sunday Liquor 1. Wayzata Country Club 200 Wayzata Boulevard West 2. Woodhill Country Club,Inc. 200 Woodhill Road On Sale Liquor and Sunday . 3. Orono Liquor Inc./Narrows Saloon 3380 Shoreline Drive 4. Orono Public Golf 265 Orono Orchard Road South Off Sale Liquor 5. Wood Enterprises Inc./Navarre Liquor 3421 Shoreline Drive Off Sale 3.2 Percent Malt Liquor 6. Voyageur Service Centers Inc./O'Sullivan's Holiday 2420 Shadywood Road Bremer moved,Anderson seconded,to approve the above listed licenses. VOTE: Ayes 4,Nays 0, McMillan Abstained. *14. CLAIMSBILLS Anderson moved,Printup seconded,to approve payment of the All Fund Account. VOTE: Ayes 5, Nays 0. 15. CLOSED MEETING Bremer moved,Levang seconded,to go into closed session at 9:54 p.m. (The City Council went into the first closed session from 9:54 p.m.to 10:24 p.m.) (The City Council went into the second closed session from 10:24 p.m.to 10:48 p.m.) Page 28 of 29 � � � MINUTES OF THE ' ORONO CITY COUNCII.MEETING Monday,November 25,2013 7:00 o'clock p.m. ADJOURNMENT Bremer Moved,Levang seconded,to adjourn the Orono City Council meeting at 10:48 p.m. VOTE: Ayes 5,Nays 0. ATTEST: . l--/� � �--e- � ,���c-�G� . � l� _ J Rachel Dodge,City Clerk Lili Tod McMillan,Mayor Page 29 of 29