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Home My WebLink About03-12-2012 Council Packet PUBLIC ATTENDANCE , MEETING DATE 3 � � 2-I I� �'COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. " � � ' - .r - .,� � i �...t,�' ��, ;��(. ,l� ; � _ � � t �_ 2. � ( , ' , � , ��-l' �- i, 3. �,� ` 1 =�_ ,� ,t � ,� ` ;j��- i�, � 4. � � ��n- �, ��e� �� `�� .�x t),'�- ,� � , ._� ,.�- . ,� �,- `� � ( 5. ''} :.`�`� ��e V ti. � � �.�r ^'-+' � V�� '�•'e 1 '��`�e7. �-��!L ' Vti:�},r_"� e, i�r�� C.. ^ ,� s. ��lL>�L rt �:; �� ..�►�-��-t �� i i ��.. ��'�� , � � ,� , � � ;� -, , � 7. � �:�.. � L ` J��,, ,� J �.-'�s-%t/ � � _J 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\�FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, March 12, 2012, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Council Work Session of February 27, 2012 * 3. Regular Council Meeting of February 27, 2012 Presentation 4. Forest Lake Channel Bridge Replacement 5. Long Lake Fire Department – 2011 Annual Report LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Jon Schwingler, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 6. 12-3538 Colin & Anna Peters, 3520 North Shore Drive - Variance – Resolution 7. 12-3545 John & Patty Bailey, 2807 Casco Point Road – Variance – Resolution City Engineer’s Report 8. Stubbs Bay Ravine - Pay Request No. 1 9. Purchase of 2 Flat Bed Utility Trailers 10. Purchase of New ¾ Ton Plow Pickup Mayor/Council Report City Administrator's Report 11. Approval of Hennepin County Bridge Plans City Attorney's Report * 12. Licenses & Permits * 13. Bills Adjournment Agenda for Council Meeting Set for Monday, March 12, 2012, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notifications Upcoming Issues and Events 2012 03/19 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor McMillan) 03/26 – Council Work Session, Monday, 5:00 p.m. 03/26 – Council Meeting, Monday, 7:00 p.m. 04/04 – Planning Commission Work Session, Wednesday, 5:30 p.m. 04/09 – Council Meeting, Monday, 7:00 p.m. 04/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Dave Rahn) 04/18 – Local Board of Appeal and Equalization, Wednesday, 7:00 p.m. 04/23 – Council Meeting, Monday, 7:00 p.m. 04/28 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Monday, February 27, 2012 4:30 p.m. Page 1 of 1 Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Doug Franchot, Aaron Printup and Dave Rahn; Facilitator A.B. Reynolds; and representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for Long Term Strategy Mike Gaffron, Finance Director Ron Olson, Planning and Zoning Coordinator Melanie Curtis, Building Official Lyle Oman, Public Works Supervisor Scott Oberaigner, City Clerk Lin Vee, Police Chief Correy Farniok and Public Works Director/City Engineer Jess Struve. Facilitator A.B. Reynolds led the Council and Staff in a review of accomplishments from 2011 and continued with discussion of goals for 2012. A combined list of goals identified by Council and Staff was used as the basis for prioritizing goals and activities for 2012. The meeting closed at 6:40 p.m. ATTEST: ________________________________________ _______________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 03/12/2012 Approval of Council Work Session Minutes 02/27/2012 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 1 of 17 ROLL CALL The Orono City Council met on the above mentioned date with the following members present: Mayor Lili Tod McMillan, and Council Members Cynthia Bremer, Doug Franchot, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant City Administrator of Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, City Attorney Soren Mattick, City Engineer David Martini, 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 McMillan noted that the massage therapy license under Item No. 20 has been removed from tonight's agenda. Item Nos. 9, 10, 13, 15 through 20 were added to the Consent Agenda. Franchot moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF FEBRUARY 13, 2012 Franchot moved, Printup seconded, to approve the minutes of the Orono City Council meeting of February 13, 2012, as submitted. VOTE: Ayes 5, Nays 0. RECOGNITION 3. LIFE SAVING AWARD - GABRIEL JABBOUR AND JIM THEISEN - RESOLUTION NOS. 6115 & 6116 Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6115, a Resolution commending Gabriel Jabbour for his efforts in relation to a personal injury crash in the City of Orono, and to adopt RESOLUTION NO. 6116, a Resolution commending Jim Theisen for his efforts in relation to a personal injury crash in the City of Orono. VOTE: Ayes 5, Nays 0. Police Chief Correy Farniok stated on January 26, 2012, the Orono Police Department and Long Lake Fire Department received a call of a personal injury crash. A single vehicle had gone off the road and struck a tree. Jim Theisen and Gabriel Jabbour assisted in removing the unconscious driver from the vehicle and moving him to a safe location as a fire engulfed the vehicle. Theisen commended the actions of Gabriel Jabbour and the quick response time of the Orono Police Department and the Long Lake Fire Department in responding to this emergency. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 1 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 2 of 17 PRESENTATION 4. HIGHWAY 12 BYPASS PROJECT Ron Rauchle, Minnesota Department of Transportation, was present. Rauchle provided a brief update on Mn/DOT’s safety enhancement project that will be taking place in the summer of 2012. US 12 bypass opened to traffic on December 11, 2008, and accommodates 25,000 vehicles a day. There is a perceived problem by some westbound motorists that the roadway is multi-lane divided due to two bridge portals. In September 2011, MnDOT met to discuss Highway 12 bypass crash issues with a number of government agencies and local elected officials. A number of potential safety enhancements were identified at the meeting, and the purpose of this project is to provide additional notification to motorists that Highway 12 is a two-lane, two-direction roadway. In the short term MnDOT installed additional two-way traffic signs in 2011. For the longer term, centerline rumble strips will be installed to provide audible notification that Highway 12 is a two-lane, two-direction roadway. In addition, the project will restripe TH12 with contrasting pavement markings on each side of centerline rumble strip. Center yellow skips and no-passing yellow striping will be placed over a wider, black background. A 12-foot driving lane will be maintained with the 7-inch rumble strip. The project is expected to occur on a weekend in June. TH12 will be closed for that weekend. The project will start at 8:00 p.m. Friday night and reopen by 5 a.m. Monday morning. Traffic will be detoured on Old Highway 12 that weekend. MnDOT will be contacting the affected cities to notify them of when that closing will take place. McMillan stated she is in favor of the rumble strips, and asked how wide the rumble strip will be. McMillan expressed a concern that vehicles driving on the rumble strip will create noise for the residences adjacent to the highway. Rauchle stated the driving lane will be 12 feet and the rumble strip will add approximately one foot to the road. Rauchle indicated the frequency that people drive over the center rumble strip will be much less than the shoulder rumble strips. Rauchle noted the center rumble strip is now the standard that MnDOT follows on two-lane roads. Rauchle stated MnDOT will continue to monitor and evaluate TH12 traffic for project effectiveness. BIG ISLAND PARK REPORT - GABRIEL JABBOUR, CUSTODIAN This item follows the Public Comment portion of the agenda. PLANNING COMMISSION COMMENTS - LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 2 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 3 of 17 PUBLIC COMMENTS Jay Nygard, 1386 Rest Point Road, presented a petition to the City Council containing approximately 100 signatures. Nygard stated the signatures were obtained from people over the age of 18. The first group of names on the petition is signatures from residents who live within one-third mile of his residence. The group illustrates that the majority of his neighbors are in strong support of the wind turbine. The second group of signatures is from random properties throughout the city. Nygard stated as he collected the signatures, he found it pointless to continue to further residences since 88 percent of the people he approached with the petition were in favor of the wind turbine. Even if you allow for a 10 percent margin of error with a random sampling, it is clear that the overwhelming majority of the people in Orono are in support of his efforts to go green at his property. Nygard stated there are approximately 8,000 properties in Orono, with around 5,800 who are of age to vote. If you multiply the 88 percent across the 5,800, that comes to 4,800 residences in Orono who would be in support of the wind turbine. Nygard noted the highest percent any of the council members received during the election was 55 percent of the vote, which is well below the 88 percent of support that he has for his project. Nygard asked if the majority of Orono residents support green energy products that fit into our community, as this wind turbine does, how the City Council can determine that they are fairly and honestly representing their community’s objectives by denying this project. Nygard stated the City Council is on the wrong side of the issue and that it is time the Council does the right thing. Nygard provided copies of the survey and questionnaire to the City Council. BIG ISLAND PARK REPORT - GABRIEL JABBOUR, CUSTODIAN Gabriel Jabbour addressed the City Council regarding Big Island. The map shown on the overhead depicts Big Island, with the area outlined in green illustrating the park area. Approximately one year ago there was a fire in the park. The City was to clean up the debris and raze the remaining city buildings to prevent future fires. Due to the rainy season last year, the work was unable to be completed. Approximately two weeks ago, Jabbour indicated he asked the Water Patrol if he could use light-weight vehicles and remove the debris, which has been done. The buildings have also been removed except for one building by the entrance to the park. There were some remnants of garbage thrown in the ravine that the Minnehaha Creek Watershed District had requested be removed. In addition to removing the fire debris and buildings, the workers also removed the garbage in the ravine. Jabbour noted they did find one picnic table in the middle of the bay and that has been brought to the Public Works building so it can be used elsewhere in the City. Most of the signs have also been broken off but will be reattached in a different fashion. Jabbour stated in the fall he, Mike Gaffron, Mayor McMillan, and representatives from Three Rivers Park District toured Big Island. The re-vegetation and erosion control design work has been completed. We are currently in the third or fourth year of the re-vegetation plan, with hundreds of trees being planted. Jabbour stated there was also a question regarding the possible habitat among the bluffs for the King Fisher. Jabbour indicated they were not able to find any King Fishers but that they are hopeful some will migrate to Big Island and live there once the vegetation is more mature. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 3 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 4 of 17 (BIG ISLAND PARK REPORT, Continued) There are a couple of cisterns on the island. A historical evaluation was completed and it found that the Sorrel family used to live there. It was determined that the cisterns have some historical value so they were capped rather than filled. Jabbour noted the parks are connected through a public right-of-way. Jabbour illustrated the area that was full of appliances and other debris, and reported that approximately four and a half tons of debris was cleaned up and hauled away. Jabbour indicated it took approximately two months to clean that area up but that in his view they are getting to the end of the cleanup. Printup commented he appreciates the periodic e-mail updates and photos of Big Island. Rahn asked who made the determination that the cisterns had some historical significance. Jabbour stated a few years back they had the Historical Society out to Big Island and they made the determination. McMillan asked about the AIS training and new AIS law that will be going into effect. Jabbour stated he has met with the chair of the environmental committee a couple of times regarding the new proposed rules. The DNR has conducted a study and found that it would cost approximately $580 million annually to check every boat. Jabbour recommended the City Council should discuss the local public accesses. The LMCD AIS Committee has worked hard to get concessions from the DNR to stop public accesses from being placed in small residential neighborhoods. Jabbour indicated the Minnehaha Creek Watershed District and the LMCD are working together to deal with the AIS problem and that the Watershed District is interested in hiring some inspectors. Jabbour noted there is a bill that is being discussed that will require anyone who does business on the lake to be licensed. Cities will be exempt from that requirement but they are encouraging local police departments to issue tickets for anyone found transporting AIS. Orono is in four out of the five public access zones. Jabbour indicated they want to ensure that there will be no unfunded mandate passed on to the City, and that he would like to see Orono be assigned as an LGU of the DNR. McMillan noted the City Council did discuss what it could do to help address the AIS situation during their goal setting session earlier this evening. McMillan thanked Jabbour for his efforts regarding Big Island. The City Council took no formal action on this item. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 4 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 5 of 17 PLANNING DEPARTMENT REPORT 5. NAVARRE COMMUNITY INITIATIVE UPDATE Mike Gaffron stated a core group of Navarre residents and business owners have formed a committee to explore and provide input to the City Council regarding potential improvements to the Navarre area. The group of volunteers has chosen to name themselves the Navarre Community Initiative Coordinating Committee, and has provided Staff with a draft mission and goals statement. Staff has met with members of the committee to discuss initial steps and establish procedures for coordination of efforts. Gaffron indicated he will be acting as the City’s liaison to the committee and that Staff would recommend the name of the group be called the Navarre Community Initiative. The intent of the Initiative is to enhance Navarre’s quality of life with special emphasis on public safety, beautification and preservation. The immediate goal is to begin defining short-term and long-term projects and enlisting the support of a variety of community partners to assist in their implementation, potentially including residents, businesses, government at multiple levels, non-profits, and other organizations. In order for the City-Committee partnership to be effective and efficient, a few basic procedural guidelines should be adopted. The Mayor has suggested that all Committee-Council contacts come through the staff liaison. It would be preferable that committee communication at council meetings be via a listed agenda item with informational materials distributed in the Friday packet rather than brought forth through the public comments section of the agenda. Gaffron noted the City has no intent to define how the committee operates, who its members are, how often it meets, etc., but would offer to have the staff liaison attend meetings as requested by the committee, and Staff will provide assistance in any way possible. The committee members have begun brainstorming on what specific projects might be pursued, and it is the City Council’s goal to identify and implement at least one project toward improvements of Navarre during 2012. In Staff’s early discussions with the committee, it became clear that an important first step in this process is to gain a better understanding of the Navarre business community’s vision for the future. Jeanne Englund initiated a communication effort in November which gleaned a few ideas. In order to obtain a more comprehensive response, Staff and the committee are proposing to send as letter and questionnaire to the Navarre businesses soliciting their thoughts and ideas, as well as their level of interest in helping make change happen. It is Staff’s intent to send out the letters the week of February 27th. Gaffron noted the Council has received a variety of communications from Committee Member Ralph Kempf regarding initiatives he has been pursuing perhaps somewhat independently of the Committee. For efficiency and the ability to more effectively channel City resources, it may be appropriate to encourage that these pursuits become part of the Committee’s activity. As it relates to the proposal for plantings along the water plant fence to screen the building from public view and enhance the appearance of the fence, the Public Works Department and Police staff has expressed a concern regarding security and the need for visibility of the water plant from the street. The American Water Works Association has provided Guidelines for the Physical Security of Water Utilities which specifically indicates that clear zones should be maintained along the building and along fence lines. Staff is not supportive of planting vegetation that would eliminate these clear zones. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 5 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 17 (5. NAVARRE COMMUNITY INITIATIVE UPDATE, Continued) Once the responses from the Navarre business community are received, the committee should be in a better position to consider one or more initial projects to be pursued. Staff would like approval from the City Council to send the letter and questionnaire to the Navarre business community. Ralph Kempf, 3675 Togo Road, thanked the City Council for allowing Mike Gaffron to serve as the city liaison on their committee. The committee is still in the formative stages and it is still evolving. Before the committee began its work, Kempf indicated he came before the City Council advocating a number of possible improvements to the Navarre area, including a direct connection between the Dakota Trail and the Navarre business district. Kempf stated in the discussions of the committee, they came to the conclusion that each of the committee members has their own perspective on what the vision for Navarre should be and what improvements should be made to the area. Input from the community is very important to the committee and they appreciate the efforts of Mike Gaffron in that regard. Kempf stated he personally has some items that he would like to keep advocating for the City of Navarre regardless of the committee's position on them, and one of his interests is to see a direct and safe connection between the Dakota Rail Trail and the Navarre business community. According to the Metropolitan Council, in 2010 they estimated that 75 percent of all visits to the Dakota Rail Regional Trail, which is 272,925 visits to the trail, use the portion of the trail between County Road 51 in Orono and County Road 51 in Spring Park. Whether or not the committee deems that as something they would like to pursue, Kempf indicated he would still like some type of avenue available to him to approach the Council to discuss issues similar to that. Kempf stated he does not have an objection to being occasionally invited to a work session, but that he would like to continue that type of communication with the Council. Kempf stated he does have a short laundry list of items for Navarre that he would like to see accomplished and that he has a vision of Navarre as a pedestrian and bike safety zone with safety islands in the crosswalks. Kempf noted he and another gentleman are willing to sponsor a bike rack for the Navarre Park and that he would like to work with Staff on that item. In addition, Kempf stated he would like the City to designate approximately a half dozen parking stalls in the city-owned parking lot for people who would like to utilize the trail. Kempf stated in his view that would help alleviate some of the parking in the residential areas and would help invite people into the Navarre business community. Kempf noted he visited Excelsior and took a number of pictures showing their pedestrian friendly amenities. Excelsior has planters, trees, and benches on the sidewalks. Kempf stated his vision for Navarre would be that there will be benches, bike racks, and places that invite people to get out of their cars and remain as pedestrians for a while in the Navarre community. Kempf encouraged the City Council to once again review the 2005 study that the City of Orono had completed for the Navarre area. Kempf commented that plan is a good blueprint for the future of Navarre and that small portions of the plan can be implemented over time. Rahn indicated he is fine with the letter being sent out. McMillan asked if a date should be added for when the responses should be sent back. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 6 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 7 of 17 (5. NAVARRE COMMUNITY INITIATIVE UPDATE, Continued) Gaffron indicated that can be added. McMillan asked if any thought has been given to what should be done if a limited number of responses are received back. Gaffron stated the committee did discuss that issue and that their feeling was to try to limit the time required of the various business owners and to offer them the chance to approach the community. If limited response is received, Staff could perhaps personally visit each business owner. Jeanne Englund stated the committee would also be willing to discuss that further and perhaps the members of the committee could approach the various business owners. McMillan commented it would perhaps be helpful if the study was provided to the committee for their review as well as the City Council. (Cynthia Bremer leaves the meeting at 8:18 p.m.) It was the consensus of the City Council to approve the sending of the letter to the Navarre business owners on behalf of the Navarre Community Initiative. 6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT: DOCK RENTAL Curtis stated at the May 23, 2011, Council meeting, Staff presented a draft ordinance with which Staff attempted to simplify and clarify the City’s rules regarding rental of boat slips on residential property. At that time Staff was directed to bring the dock rental issue to the Council at a work session for more discussion. The dock rental ordinance was placed on the Council’s September 12th work session agenda, but due to a time constraint, the dock rental ordinance was not discussed at that time. The City's concerns have historically been land use impacts of residential dock rental on neighbors and neighborhoods. The LMCD's regulations alone do not appear to address all of the potential impacts from residential dock rental. Staff recently spoke with Staff at the LMCD regarding their dock rental rule and enforcement. Staff did receive a letter from Rich Anderson today, which has been distributed to the City Council. Gaffron stated one of the questions that the Council had raised previously is whether or not the City's regulation of boat storage at residential docks was a duplication of the LMCD efforts. Staff has had extensive discussion with the LMCD regarding their codes. The chart before the Council tonight compares what the LMCD and Orono ordinances require. As an example, a site that has one or two boats, the LMCD allows two boats with no ownership restriction regardless of the lot size as long as those lots were created prior to 1978. In that instance, the City has had ownership requirement since 1962. For a site that has three boats with shoreline less than 126 feet, under the LMCD regulations, they do not require that any of the boats be owned or registered to the owner of the property; whereas the City has that requirement. Gaffron commented there are some differences between what the LMCD requires and what the City requires. The City has typically been more restrictive with their regulations than the LMCD. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 7 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 8 of 17 (6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT, Continued) Rahn stated his opinion has not changed from the last City Council meeting and that it is a duplication of regulations. The Orono residents are used to calling the LMCD with questions, and if an ordinance is adopted by Orono, it would be virtually unenforceable by Staff. Rahn stated if it is parking issues that are driving the complaints; the residents have the ability to call the police to deal with that issue. Rahn stated the majority of the boat issues is covered in the LMCD’s ordinances and that in his view it is confusing when there are different bodies of government enforcing similar codes. Rahn indicated he does not have any issues with letting the LMCD handle it. McMillan noted Tonka Bay allows one or two boats with no ownership requirement but that it does require proof of ownership for three or more boats at a private residence. Rahn commented that almost mimics the LMCD regulations. Loftus stated that does not take into consideration the amount of shoreline. Rahn stated he is simply talking about a single dock with a single residence. Franchot indicated his opinion also has not changed since the last Council meeting and that he personally feels the City's ordinance is a good idea. If the only issue is the issue of a guest boat, the City can deal with that in some way and still restrict the rental of dock space, which causes problems on the land with parking. Franchot stated in his view calls to City Hall can be reduced by having smart regulation, which is what is being recommended by Staff. Franchot stated one option would be to perhaps require a permit of some type. Another alternative could be to eliminate the language "providing for" and just address rental of dock spaces. Franchot indicated he is basically in agreement with Staff’s recommendation. Printup asked how the LMCD regulates this. Greg Nybeck, LMCD Executive Director, stated since 2006, the LMCD has implemented a proactive code enforcement project, with certain priorities being established by the Board for enforcement purposes. The LMCD is not able to go out and do everything, but they do have a supervisor of the program that reports on any problem property she may observe. If there is an issue at a certain property, the LMCD will send out educational letters regarding the problem, followed by a re-inspection. The direction of the board last year was to decrease the time limit to correct the problem from three years down to two. In the past the LMCD has had only had four or five prosecutions, with the majority of the issues being resolved prior to prosecution of the matter being pursued. Nybeck noted the LMCD is not able to catch every violation. Printup asked how many complaints the LMCD receives a year on boat density. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 8 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 9 of 17 (6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT, Continued) Nybeck indicated it is very few and that the majority of the violations are found through inspections. Nybeck stated it would be very difficult for the LMCD to constantly monitor the shoreline for docks that have more than three boats. Rahn noted the City of Orono contributes over $57,000 a year to the LMCD and that he would prefer City Staff work on issues that relate directly to the City rather than handle regulations that are already covered by another government entity. Nybeck stated it comes down to the philosophy of a city and that Orono does have the ability to have more restrictive rules than the LMCD if they so choose. Rahn stated he has spoken with over half of the lakeshore cities and they have indicated they basically stay out of it. Nybeck stated the LMCD does do a fair amount of education regarding boat density and dock slips, which does help alleviate the problem to some extent. In addition, a shoreline inventory is conducted every two years, which is planned for this year. Printup asked if the number of boats stays relatively the same. Nybeck indicated it does for the most part. The last inventory conducted showed approximately 9,200 boats where previously it was slightly over 10,000. Nybeck indicated the decrease in the number of boats was likely due to the economy. The LMCD will also be looking at jet skis at their work session on Wednesday as it relates to storage and whether any changes in the regulations need to be made to regulate those. Gaffron stated the City's code as it currently exists is contained in a variety of sections and that it was Staff’s intent with the new ordinance to continue the exact same enforcement action that the City has undertaken in the past 30 years but to combine the regulations under one code section. The City receives perhaps get half a dozen to a dozen calls a year regarding boat slips from concerned neighbors. The only proactive thing that Staff has done is in the winter and spring they look on Craigslist to see if anyone is actively advertising a slip for rental since City Code prohibits that. In those situations a letter is sent to the property owner and boat owner advising them of the City's regulations. There are a few neighborhoods that historically have been the most problematic but typically Staff does not spend a great deal of time enforcing this regulation. McMillan noted the new ordinance would cover property owners that provide dock space, which means that there does not need to be a financial aspect. Mattick indicated that is correct and that the ordinance also does not cover the situation where a neighbor rents a boat slip from another neighbor, which perhaps should be added. The handout developed by Staff explains why a resident cannot rent out dock space. Mattick noted the code amendment was not meant to create a new set of rules but to clarify what was already being enforced. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 9 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 10 of 17 (6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT, Continued) McMillan stated the real reason behind the ordinance is to address some issues that occur on land with a rental slip. Rahn commented it is a lakeshore issue when a neighbor allows someone to park their boat at their dock. Gaffron stated those are typically not the situations the City receives complaints about. Rahn stated he is not sure why Orono would want to be more restrictive than the other lakeshore cities. Rahn stated a resident would likely call the police prior to calling Staff if there is a boisterous person there or a parking issue that occurred over the weekend. Franchot commented the ordinance gives the City something to stand on if there is an issue. Franchot pointed out that Orono does tend to be stricter in a number of respects when it comes to protecting the lake. Printup asked what the general complaints are. Gaffron stated they are complaints regarding the coming and going of unknown people at odd hours of the day and night or possibly a parking issue. The City typically receives three or four complaints every year from residents on Crystal Bay Road regarding parking by people. Those are situations that would not occur if there was a prohibition of boat slips rentals. McMillan commented that there are likely a number of boat slips that are rented out or allowed to be used by non-residents but they do not cause any issues. McMillan stated from a philosophical standpoint, she does not like to have regulations that impact only three or four people. Gaffron noted this regulation has been on Orono’s books since 1962 and the text amendment is a rewriting of the code to make the language clearer. If the Council does not wish to enforce that section of the code, other changes will need to be made to the City Code and public hearings will need to be held if the code is removed. Rahn stated he would like to move in that direction, and in the meantime Staff could document over the next couple of years the number of calls the City actually receives each year. Rahn noted Orono is a recreational community and that the residents will have visitors periodically that are unknown to the neighborhood. McMillan asked what process would need to be followed if the code is eliminated. Gaffron stated the application would need to go back to the Planning Commission for their review since they would be removing language from the code and not replacing it with new language. Gaffron stated the Council is probably looking at a two-month process. Mattick pointed out a dual application process could perhaps be followed, with one application showing the language that would be deleted and the other application showing the language that is being clarified. Mattick noted the text amendment is designed to clarify the existing code. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 10 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 11 of 17 (6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT, Continued) Rahn stated the $50 fee for the moving of a residential dock could also be eliminated. Curtis noted that fee is for a first time dock and that there is also a fee if you are going to move a permanent dock. Rahn commented he is speaking about seasonal docks. Rahn noted the City has a $50 one-time fee for seasonal docks that will be reinstalled in the same location annually without permits. Gaffron stated Staff typically does not enforce that as long as the property owner is meeting the LMCD standards. Rahn recommended that fee be removed from the fee schedule. Gaffron indicated Staff is okay with that removal. Mattick noted Council Member Bremer objected to the text amendment since it did not seem to have any allowance for a neighbor to park their boat at a neighboring property, which could be added. Mattick stated the new application would just show the regulation provisions that would be struck out. Mattick recommended the City Council direct Staff to prepare that application and then bring it back before the Planning Commission. Printup moved, Rahn seconded, Application #11-3503, City of Orono, Zoning Code Text Amendment, to direct Staff to prepare a separate application that removes the pertinent language relating to boat slips and to bring it before the Planning Commission for their review, and to direct Staff to make the clarifications discussed tonight relating to the current application. VOTE: Ayes 3, Nays 1, Franchot Opposed. Tom Egan, Big Island, asked whether there would be any public comment allowed on this item. Gaffron indicated there will be a notice in the paper regarding the application and that public comment will be allowed at the Planning Commission meeting. Egan asked what the intent of the motion was. Gaffron stated the motion directs Staff to start a zoning amendment process that eliminates the regulations regarding rental of boat slips on residential properties, which would go first to the Planning Commission and then to the City Council. Gaffron stated the application will probably be heard in April. Egan noted a number of things were stated tonight that were not accurate as it relates to the LMCD regulations. The LMCD regulations state if the property owner is receiving income from a boat rental, it is considered a commercial business. McMillan stated his comments could be written down and sent to Staff for their review. McMillan noted the City Council has not approved anything other than to direct Staff to prepare a new application for review and discussion by the Planning Commission. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 11 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 12 of 17 *7. #12-3539 SURYA AND ANTHONY ROCHEL, 125 TURNHAM ROAD - VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 6117 Franchot moved, Printup seconded, to adopt RESOLUTION NO. 6117, a Resolution Granting a Conditional Use Permit to Allow Land Alteration and a Variance to Permit a Single Family Dwelling on a Substandard Sized Lot at 125 Turnham Road. VOTE: Ayes 5, Nays 0. *8. #12-3540 CHARLES TRUWIT AND PAULA PICARD, 1105 FERNDALE ROAD WEST - VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 6118 Franchot moved, Printup seconded, to adopt RESOLUTION NO. 6118, a Resolution Granting Variances to Orono Municipal Code Sections 78-305, 78-1279, and 78-1288, and a Conditional Use Permit Pursuant to Orono Municipal Code Sections 78-966, 78-967, and 78-1286, to Allow Land Alteration Within the Lakeshore Setback, for the property located at 1105 Ferndale Road West. VOTE: Ayes 5, Nays 0. *9. PLANNING COMMISSION APPOINTMENTS Franchot moved, Printup seconded, to reappoint Denise Leskinen, Jon Schwinger, and Loren Schoenzeit to the Planning Commission for three-year terms ending March 31, 2015. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT *10. BID AWARD - STREET MAINTENANCE MATERIALS BID 2012 Franchot moved, Printup seconded, to award the 2012 Materials Bids as outlined in Staff's memorandum dated February 27, 2012. VOTE: Ayes 5, Nays 0. 11. WAYZATA BOULEVARD SANITARY SEWER PROJECT - BID AWARD Mattick stated he would recommend before the bid is awarded that Medina be asked to confirm that they will contribute the $92,000. Mattick indicated he does not anticipate any problems, but that he wants to ensure Medina has a chance to approve it prior to Orono awarding the bid. Franchot moved, Rahn seconded, to award the Wayzata Boulevard Sanitary Sewer project contract in the amount of $329,077.08 to GM Contracting, Inc., contingent upon satisfactory confirmation that Medina will pay $92,373.17 towards the project. VOTE: Ayes 4, Nays 0. (Recess taken from 8:59 p.m. to 9 p.m.) Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 12 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 13 of 17 12. CARMAN BAY SHORELINE RESTORATION PROJECT - REVIEW GRANT ACCEPTANCE DOCUMENTS Gaffron stated in October of 2010, the MCWD Board approved Orono’s request for a grant in the amount of $34,500 to assist with the costs of the Carman’s Bay Shoreline Restoration project at the end of Ivy Place. This project is scheduled for construction this summer. In exchange for the grant funding, the MCWD requires that the City obtain the appropriate easements from the property owner and that the City and property owner execute a “Grant Agreement” regarding the funding and a “Declaration” that acts as a covenant to ensure the project is carried out and maintained in perpetuity. Staff and the City Attorney have reviewed at length the terms and conditions of the Grant Agreement and the Declaration, and have worked with MCWD Staff and counsel in an effort to establish terms and conditions which Staff believes are acceptable to all parties. Because this project is specifically intended to restore and protect the eroded shoreline over a municipal sewer line, Staff has rewritten the standard MCWD documents to place all obligations regarding future maintenance of the restored area on the City rather than the private property owner. These documents are presented for City Council review so that the Council is made aware of the obligations the City will be taking on by accepting the grant. The City’s obligations for year one under the Declaration are as follows: Installation, water as needed, inspect for weeds twice a month, add mulch as needed to prevent erosion and weeds, and hold soil moisture, install wave barriers and fencing as needed. The City would also have ongoing obligations after year one. Additionally, for five years after issuance of a certificate of substantial completion, the City may be required to reimburse MCWD if maintenance per above is not performed. Also, although the original documents required an annual report be provided to MCWD in perpetuity, MCWD counsel has agreed to remove that requirement. Staff will provide such a report for the first three years. In general, the first three years of maintenance are the responsibility of the contractor. Thereafter, ongoing maintenance obligations become the City’s responsibility and can be readily performed by Public Works staff. Gaffron noted all three documents have been provided to the property owner for review, and the owner has been very cooperative over the past year as this project has moved forward. Printup asked if all the grant money will be spent on plantings or whether there will be some carried forward. Amundsen noted the bids have come in substantially cheaper than what was originally estimated. The cost for the construction is approximately $76,000. Gaffron noted the money was partially going to come from the Sewer and Water Fund and that if there is money left over, it would not be spent from the Sewer and Water Fund. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 13 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 14 of 17 (12. CARMAN BAY SHORELINE RESTORATION PROJECT, Continued) Printup stated he has a concern with getting grant money for a project now and what the costs would be in the years ahead. Printup indicated if it will not be too time-consuming for the Public Works Department, he would not be opposed to the project. Franchot asked if the City has the option to not complete the project. Gaffron stated if the City does not take the grant money, the City may be allowed to do the project in a different manner. If the grant money is accepted, it then becomes a MCWD demonstration project for protecting shorelines. Staff has not attempted to look at the future costs or whether they should not accept the grant money. Franchot stated in his opinion, since this is a required project and the ongoing costs will be minimal, the City should accept the grant money since it would help reduce the costs to the City. Gaffron noted Staff is recommending the City complete the work and accept the grant money. Staff is recommending that the ongoing maintenance be examined by the City Council and they should decide whether the City should accept that responsibility in the ensuing years. McMillan noted the Public Works Department would not really need to get involved with the work until year four since the contractor is required to perform maintenance at the site for the first three years. Amundsen noted that someone from the City will need to verify that the work has been completed during years one through year three and then inspect the site and perform periodic maintenance in the years after that. Franchot moved, Rahn seconded, to authorize the Mayor, Clerk, and City Administrator to sign the Declaration and Grant Agreement for the Carman Bay Shoreline Restoration Project. VOTE: Ayes 4, Nays 0. *13. `STUBBS BAY RAVINE STABILIZATION PROJECT - CHANGE ORDER NO. 1 Franchot moved, Printup seconded, to approve Change Order No. 1 in the amount of $6,330.00 and amending the Contract amount from $132,790.63 to $139,120.63. VOTE: Ayes 5, Nays 0. 14. ORONO ORCHARD ROAD PROJECT UPDATE Darren Amundsen reported that some problems have been encountered with the force main under County Road 15 and that they are no longer two weeks ahead of schedule. They are anticipating the project will be bid approximately mid April rather than the end of March. Franchot asked if there are any concerns that these issues will not be worked through. Amundsen stated it is just a matter of selecting the safest, most cost effective way of boring under the roadway. Amundsen indicated they have run into some potentially soft soils and that they likely will need to conduct some additional soil borings. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 14 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 15 of 17 (14. ORONO ORCHARD ROAD PROJECT UPDATE, Continued) McMillan asked when the final design will be before the City Council. Amundsen indicated it would likely be towards the end of March. Approximately 95 percent of the project plans has been completed and reviewed by the Metropolitan Council. Loftus asked what the next step is for the public in this process and whether there will be a neighborhood meeting to discuss the final plans with the residents. Amundsen indicated they have not planned a public meeting at this point but that some type of notice could be given to the affected property owners regarding the project. Amundsen stated once the bid has been awarded, they could hold a public meeting regarding the anticipated schedule. The City Council took no formal action on this item. *15. APPROVE REHABILITATION OF LIFT STATION #1 (1302 SHORELINE DRIVE) AND GRINDER STATION #1 (2635 NORTH SHORE DRIVE) Franchot moved, Printup seconded, to accept the quotations in the amount of $48,521.25 from Quality Flow Systems, Inc., of New Prague, Minnesota, for the upgrade of LS#1 (1302 Shoreline Drive) and GS#1 (2635 North Shore Drive). VOTE: Ayes 5, Nays 0. Franchot moved, Printup seconded, to accept the quotations in the amount of $4,508 from Electric Resource Contractors of Minneapolis, Minnesota, for the electrical connections to LS#1 (1302 Shoreline Drive) and GS#1 (2635 North Shore Drive). VOTE: Ayes 5, Nays 0. *16. PURCHASE GLOBAL POSITIONING SYSTEM (GPS) Franchot moved, Printup seconded, to approve the purchase of a Global Positioning System (GPS) unit from Compass Tools of 7760 South France Avenue, Minneapolis, Minnesota, in the amount of $7,653.32. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Franchot reported he did meet with some representative of Long Lake last Friday and that they have identified the primary responsibility of the utility task force to be to sort out all the utility agreements between the two cities. Everyone on the committee is committed to reaching a common consensus. The first meeting went well and some assignments were given out. Franchot stated he is confident over the next month or two they will be able to come back to each City Council with a more detailed report on their progress. McMillan noted another meeting is scheduled for March 14th. McMillan asked when there is a budget surplus, if it would be possible to have a discussion about where that money could be allocated. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 15 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 16 of 17 (MAYOR/COUNCIL REPORT, Continued) Olson stated if the Council is interested in transferring some money out of the General Fund to another fund, the City Council would need to approve it. McMillan commented she would like to look at how the reserves are doing as it relates to the General Fund and the Community Investment Fund. Olson noted any amount over 50 percent by default goes into the Community Investment Fund. CITY ADMINISTRATOR'S REPORT Loftus reported the City did receive a written request from a property owner on Orono Orchard Road who is interested in getting connected to city sewer. The connection would require Metropolitan Council approval and would be done at the property owner’s expense. Staff is currently working with the property owner on that request. Loftus noted they did receive a notice that the City will be awarded the Certificate of Excellence for Financial Reporting for 2010. Loftus stated the Public Works Department has also done a fair amount of work cleaning up buckthorn and other invasive species this winter around public facilities. Loftus noted the new city engineer/public works director will start next week Wednesday. *17. 2011 GENERAL FUND BUDGET ADJUSTMENTS Franchot moved, Printup seconded, to approve the 2011 General Fund Budget Amendments as Presented. VOTE: Ayes 5, Nays 0. *18. HENNEPIN SPORTS EQUIPMENT GRANT APPLICATION - CRYSTAL BAY PLAYGROUND Franchot moved, Printup seconded, to authorize the City Administrator to execute and submit the Hennepin Youth Sports Equipment Grant application for improvements to Crystal Bay Park. VOTE: Ayes 5, Nays 0. *19. AUTHORIZATION FOR DISPOSAL OF WEAPON Franchot moved, Printup seconded, to authorize Striecher's to purchase weapons from the Orono Police Department and authorize Orono Public Works to destroy handgun/BB guns. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 16 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 17 of 17 CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. *20. LICENSES & PERMITS Residential Kennel Licenses 1. Frank Plachecki 3685 North Shore Drive Renewal Massage Therapy License (Withdrawn at the request of the applicant) 2. NJ Berg Companies, Inc. d/b/a Eclectic Salon Spa 2377 Shadywood Road Franchot moved, Printup seconded, to approve the above listed license. VOTE: Ayes 5, Nays 0. *21. BILLS Franchot moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Printup moved, Rahn seconded, to adjourn the Orono City Council meeting at 9:27 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _______________________________________ _________________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 17 of 17] Item #04 - CC Agenda - 03/12/2012 Presentation - Forest Lake Channel Bridge Replacement [Page 1 of 1] Item #05 - CC Agenda - 03/12/2012 Presentation - Long Lake Fire Department - 2011 Annual Report [Page 1 of 5] Item #05 - CC Agenda - 03/12/2012 Presentation - Long Lake Fire Department - 2011 Annual Report [Page 2 of 5] Item #05 - CC Agenda - 03/12/2012 Presentation - Long Lake Fire Department - 2011 Annual Report [Page 3 of 5] Item #05 - CC Agenda - 03/12/2012 Presentation - Long Lake Fire Department - 2011 Annual Report [Page 4 of 5] Item #05 - CC Agenda - 03/12/2012 Presentation - Long Lake Fire Department - 2011 Annual Report [Page 5 of 5] Item #06 - CC Agenda - 03/12/2012 File #12-3538 [Total Pages 52] Item #06 - CC Agenda - 03/12/2012 File #12-3538 [Total Pages 52] Item #06 - CC Agenda - 03/12/2012 File #12-3538 [Total Pages 52] Item #06 - CC Agenda - 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