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Home My WebLink About06-13-2011 Council Packet PUBLIC ATTENDANCE MEETING DATE � �`3 - � � � COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER n � � � „ � �i�...�-�__��, �-�.� , ; ,�_ 1. \�l.i,-, t� �Cr��.��r.�(.��_ �-� C'a_..�., J7- i> s.:,. ��. 2. �f�"7 j�t�/�� r"�G' �� l"lS`' ._ f � �� , .- � � � 3. �- �-�c1'�t i.`� -1 �, �_�' � �.., �t�� a�� (,i.�� 4 �`� 4�� 4.`T— '' i� �' .;��'!1. 1`� 3'-5 7 � f c�%'� (�C i_ C�,• �, � T � ' ..� i ? 5. � , i - �_ � C � � k , 6. �� L.�� ve ,� � r j ��c _/ 7. � -'(/��.'ct"'`�� ,1-1"'l.V �^ l /� �� P\F�' �J L � �� > $. 9. 10. 11. 12. 13. 14. 15. V:\�LEGAL FORMS�\(FORMS�\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, June 13, 2011, 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. Regular Council Meeting of May 23, 2011 LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Denise Leskinen, 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 * 3. #07-3300 William & Nadine McGuire and John & Lois O’Malley, 290 and 315 Woodhill Road – Lot Line Rearrangement – Amend Resolution 4. #11-3511 Terry Schneider with Klingelhutz Development on behalf of Woodhill Senior Cottages of Navarre, 2525 and 2545 Shadywood Road – Final Plat – Resolution City Engineer’s Report 5. Forest Lake Drive Storm Sewer Improvements 6. Casco Point Reconstruction Project – Request for Payment No. 12 and Final 7. 2008 Overlay Project – Request for Payment No. 3 and Final Mayor/Council Report City Administrator's Report 8. Authorization to Purchase 2011 Squad Car 9. Authorization to Purchase Vehicle 10. Agreement for Use of Election Equipment by Orono School District 11. Resolution in Support of the Sheriff’s New 911 Communications Facility City Attorney's Report Agenda for Council Meeting Set for Monday, June 13, 2011, 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 12. Licenses & Permits Garbage Haulers Temporary Liquor License * 13. Bills Adjournment Upcoming Issues and Events 2011 06/13 – Council Work Session, Monday, 5:30 p.m. 06/13 – Council Meeting, Monday, 7:00 p.m. 06/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Doug Franchot) 06/21 – Hardcover Task Force Meeting #2, Tuesday, 5:30 p.m. 06/27 – Council Meeting, Monday, 7:00 p.m. 07/04 – HOLIDAY, Monday, Observance of Independence Day 07/11 – Council Work Session, Monday, 6:00 p.m. 07/11 – Council Meeting, Monday, 7:00 p.m. 07/18 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor McMillan) 07/25 – Council Meeting, Monday, 7:00 p.m. 07/27 – Fire Advisory Board, Wednesday, 8:00 a.m., Fire Station 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 1 of 24 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Acting Mayor Aaron Printup, and Council Members Cynthia Bremer, Doug Franchot, and David Rahn. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, City Attorney Soren Mattick, City Clerk Lin Vee, Assistant Administrator of Long-Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Acting Mayor Printup called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 12, 13, 14, and 16 were added to the consent agenda. Franchot moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF MAY 9, 2011 Franchot moved, Rahn seconded, to approve the minutes of the Orono City Council work session of May 9, 2011, as submitted. VOTE: Ayes 4, Nays 0. *3. RECONVENED LOCAL BOARD OF APPEAL AND EQUALIZATION OF MAY 9, 2011 Franchot moved, Rahn seconded, to approve the minutes of the reconvened Local Board of Appeal and Equalization of May 9, 2011, as submitted. VOTE: Ayes 4, Nays 0. *4. REGULAR CITY COUNCIL MEETING OF MAY 9, 2011 Franchot moved, Rahn seconded, to approve the minutes of the regular Orono City Council meeting of May 9, 2011, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 5. TOUR de TONKA, TIM LITFIN Tim Litfin, Minnetonka Community Education, addressed the City Council on the upcoming 2011 Tour de Tonka that is scheduled to take place on August 6, 2011. Litfin stated the 2010 Tour de Tonka was a good success with riders from 12 states and 170 communities being represented, and 2,425 riders overall. There were 331 riders who participated in the 16-mile run, 332 riders who participated in the 23-mile run, 904 riders who participated in the 38-mile run, 498 riders Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 1 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 2 of 24 (5. TOUR de TONKA, TIM LITFIN, Continued) who participated in the 65-mile run, and 360 riders who participated in the 100-mile run. There were 394 total volunteers who assisted with the event in 2010 and assistance was received from 10 sheriff/police departments and seven fire departments. In 2011, the Tour de Tonka is expected to have approximately 3,000 riders. The number of riders this year has been capped at 3,000 to ensure the safety of all the riders. The route will start at the Minnetonka High School and go through 25 communities. It is anticipated there will be 500 volunteers to assist with this year's event. Free t-shirts will be given to all riders. Franchot asked if there is a web site that people can go to obtain information on the routes. Litfin indicated that information can be found on their web site, www.tourdetonka.org. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS - JOHN THIESSE, REPRESENTATIVE Thiesse stated he had nothing to report but would be available for questions. PUBLIC COMMENTS There were no public comments. CITY ENGINEER'S REPORT 6. OLD CRYSTAL BAY ROAD RECONSTRUCTION PROJECT BID CONSIDERATION Kellogg stated last Thursday bids were opened for the Old Crystal Bay Road reconstruction project. One bid was received. The City’s list of legitimate bidders included 10 or 12 contractors and the City received a number of inquiries regarding the project. Overall there were probably four serious bidders. Kellogg indicated his office received a call on Thursday morning from two of the contractors indicating they would not be able to submit a bid due to the timing of the project. Kellogg noted this is the type of project that will take a great deal of effort and that it would have been better if the City had gone out for bids earlier. The total base bid was slightly over the engineer’s estimate. Primarily the base bid includes the water main, the sanitary sewer, storm sewer, and the street improvements. Kellogg indicated that the portions of the bid involving pipes were significantly over their estimate due to the cost of the pipe, in particular PVC, which has gone up approximately 30 percent in the last month. Kellogg stated the pricing for the pipe would need to be on a day-to-day basis. Kellogg stated the road portion of the project came in slightly under the estimate by approximately $3,000. The contractor who submitted the bid also did the Casco Point project. The rest of the Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 2 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 3 of 24 (6. OLD CRYSTAL BAY ROAD RECONSTRUCTION PROJECT BID CONSIDERATION, Continued) information on the bid is included in the Council packet. The City Council can either award the project or reject the bid. Franchot noted this is a topic that has been discussed for a number of months. Franchot asked what procedure the Council will be following tonight. Printup indicated he would open it up to Council comments first. Franchot stated he would like to receive public input first. Acting Mayor Printup opened the public hearing at 7:12 p.m. Paul Pesek, Lyman Avenue, noted he has written a couple of letters to the editor regarding this project as well as a couple of other people. There is no need for this project, it is too expensive, and it accomplishes virtually nothing. It will not solve the problem of the congestion. The roundabouts will slow traffic down and will accomplish nothing on a small road except to make it impossible to cross the street. The cars will not stop and it will be hazardous for pedestrians. Pesek stated in his view this is a silly project and also will cost more than the City anticipated. Pesek noted the project will cost $3.3 million and that the City closed the Park Commission down four years ago because they didn’t have $5,000 a year to fix the parks. Pesek encouraged the City Council to vote against awarding the project. Allan Engleman, 315 Old Crystal Bay Road North, stated there is a problem on the road and that a lot of those issues could be resolved by having police officers sit on the road and give people tickets for obstructing traffic. The motorists tend to sit in the lane while other cars are attempting to come in and go out. A traffic circle or roundabout will cause traffic to block up by Highway 12 in the morning. Engleman stated if Orono has $3 million to spend on roads, they should put ditches and shoulders on other roads. Watertown Road by the Dickey property has no ditch and water runs down the road when it rains. Fox Street also has no ditches in a lot of places. On Leaf Street there is no safety barrier to get off the road. The City is investing all of the taxpayers' money into one project. Engleman stated a number of people bring their kids here for open enrollment that could be charged and that the entire school district should have a greater say in how the money is spent. Acting Mayor Printup closed the public hearing at 7:17 p.m. Franchot noted the City Council has had numerous discussions regarding this project and that he continues to be in favor of it. Franchot stated in his view the issues raised for not doing the project have not been raised by people with children in the school district. There has been some vocal opposition to the project but at the City’s open house over half of the people in attendance were in favor of the project. Franchot indicated he has spoken with a number of parents who have children in the school district that would like to see something done with the traffic situation. The City went through a process recently of reviewing the local streets. Watertown Road was the project next in line in the City’s CIP. Franchot stated that although everyone has their own opinion about road conditions, he is choosing to go with the recommendations of Staff and the engineers on which roads in the City are worse than others. Watertown Road is not in as bad of shape as it was anticipated it would be Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 3 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 4 of 24 (6. OLD CRYSTAL BAY ROAD RECONSTRUCTION PROJECT BID CONSIDERATION, Continued) after the bypass project was complete. Old Crystal Bay Road and Willow Road north of Highway 12 are in bad shape. The recommendation was to change the schedule to put Old Crystal Bay Road at the head of the line, which was unanimously approved by the previous City Council. Council then went to Staff and asked how the road could be done. Three options were presented, which included rebuilding the road and addressing the congestion issues of the current road; two, including two roundabouts, and the third was to include three roundabouts. After getting the school board involved and getting their input, the decision was made to go with two roundabouts. As the plan developed, there were concerns raised regarding access to the school for large vehicles. The school contributed a study by an engineer that led to adding a third roundabout, which made the plan acceptable to both the school and the City’s emergency services. The City Council gave the engineer direction to continue with the revised plan with three roundabouts. Franchot noted the school board has stepped up to assist with the project by donating to the City the right- of-ways and land for storm water needs. The school had indicated a strong need for a paved path on the west side of the road, which would be paid for by the school. Franchot stated this project in his view is a great example of the two entities working together to solve a community problem. The Council delayed its decision on the project to address some of the concerns of the new Council members, but as it now turns out, that delayed things to the point that the City did not receive as many bids as we would have liked. Franchot noted the one bid received is very close to what the engineers projected except for the pipe and some remediation issues. Franchot stated in his opinion the project has been fully vetted and is within reasonable cost. Franchot pointed out that very little or essentially none of the Old Crystal Bay Road project comes out of direct property taxes. The real expense to the City is the interest on the bonds and that the principal will come through state funds. The issue before the Council currently is what kind of roadway should be built to replace this street. The demonstrations on roundabouts were quite convincing. Franchot noted about half of the people on the combined City Council and school board were initially skeptical of roundabouts, but following the research and watching the computer simulations, there was unanimous support for roundabouts. Franchot asked if roundabouts are now the preferred way to handle intersections. Kellogg indicated that is true in certain cases. Franchot pointed out there are different kinds of roundabouts and sizes and that the roundabouts being proposed are the right size for this roadway and will do more to solve the traffic issues than any other plans that were considered. The Council has discussed at length the median. Alternate C is for a 10-foot median with some plantings chosen for their low maintenance qualities. Franchot indicated in his opinion that is the way to go. There were some concerns about whether maintenance will be an issue. Franchot commented he saw a median today in a neighboring city that is very low maintenance but looks very nice. The school has offered to help out by utilizing their grounds keeping staff to do moderate day-to-day maintenance. Franchot stated in his opinion the Council has addressed all of the issues thoroughly but that there is a political discussion going on about whether Orono should do just the absolute minimum or whether Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 4 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 5 of 24 (6. OLD CRYSTAL BAY ROAD RECONSTRUCTION PROJECT BID CONSIDERATION, Continued) Orono should try to identify the best solutions for what should be done long-term. Many of the problems now being experienced with the roads in the City are because they were built 40 to 50 years ago and since that time the City has done very little to maintain these roads. The City is now forced with paying the piper for that lack of maintenance. This project is part of a process to change that. Old Crystal Bay Road will be here for a very long time and needs to be upgraded. Franchot indicated he is prepared to make a motion to move forward with the project but that he will defer until his colleagues have a chance to enter their comments. Rahn stated in his view bringing the new council members up to speed on the project did not result in the project being delayed and only obtaining one bid. The documents talk about awarding the contract in May. Rahn stated in his view it is more of a timing issue and that opening bids in May for a summer project is not ideal, which can be discussed at a later time. Rahn stated he has read the minutes of the meetings numerous times from October of last year to become familiar with the project and the issues associated with it. Rahn stated he has attempted mentally to draw a plan of this road for how he would like to see it constructed and that he keeps reverting back to the fact that the road should be kept simple, functional, and low maintenance. Rahn indicated that when he looks at the final plan, in his opinion it does not meet those criteria. Rahn stated in the past month he has spoken with over 100 individuals regarding this project and that people overwhelming are opposed to this project for one reason or another. Rahn commented he likes to think that the City Council is the voice of the people, which is how he will be voting. Printup noted he has been opposed to the project from the beginning. As the planning process went on, the City Council learned that the median with the 7C option for enhancements is a $75,000 enhancement on top of the three roundabouts. Printup stated he has referred to the median treatment as a beautification project in the past and noted that the plants will be blooming and growing during the summer months when very few students will be present. Printup pointed out there are six cities covered by the Orono School District and that the taxpayers of the City of Orono should not be responsible for paying all of the costs for this project. Printup indicated he has not been comfortable with this project from the beginning and that in his view the taxpayers' dollars could be spread out doing other projects. There are a number of other roads in the City that get driven a lot more and should be improved. The majority of the traffic on this road is twice a day. Printup indicated he has spoken with a number of people around town about this project. One of the calls he received today was from a woman who was incensed that it could be talked about as free money and that it doesn’t cost the taxpayer anything. Printup stated given the way the funds are set up and all of the money that would be spent on one road, it could be a long time before the other roads get attention. Bremer stated she has always supported the project but she would have liked to have received more than one bid. The City did follow the competitive bid process but unfortunately did not receive a number of bids. Bremer commented that may be a sign that the economy is picking up if the contractors are busy and also the timing of the bids. Bremer noted that Council Member Franchot's comment about the bids being delayed was not meant to be an alignment or blaming of Council Members Rahn or Printup but that Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 5 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 24 (6. OLD CRYSTAL BAY ROAD RECONSTRUCTION PROJECT BID CONSIDERATION, Continued) the original schedule was revised months ago in order to accommodate additional input by the new Council. Bremer commented the City is far along into this project and that there are costs associated with the project planning. A considerable amount of time and effort have gone into this project and that there are times when the City Council may make a decision that does not seem wise but it is the Council's job to make difficult decisions. Bremer noted she personally supports the project but in her view it may be a waste of time to continue to have this conversation since it appears that there are only two votes in favor of proceeding forward with the project. Bremer stated if any members of the Council are interested in continuing the conversation, she would prefer to wait until the City is able to get a couple more bids and that they could do some temporary minimal repairs in the meantime. Bremer noted the people who attended the open house and saw the simulation were generally receptive to the project and realized that the design was more focused on safety than they had initially realized. Bremer commented the Council members need to trust the City's engineers and other experts to make the best decision for the design of this roadway. Bremer reiterated she would prefer to step back from this project long enough to regroup, get more input and people on board with the project, and obtain more bids next year. Bremer noted the mayor is against this project and that it will not be helpful to delay it tonight. Kellogg indicated the Council will need to make a decision tonight. Franchot asked how the City would pay for the bonds if they did not move forward with the project. Loftus stated they could do what Council Member Bremer suggested and put the plans out for bids early next year. If the Council is not inclined to do that, they could look at the CIP, as well as this road, and discuss it further this summer. Printup stated in his view the arguments will not change and will only prolong the process. Printup stated this conversation has taken the Council to this last meeting in May and that he does not buy into the argument that delaying the letting of bids was the result of receiving only one bid. Franchot stated nobody has said it is the new council members' fault that only one bid was received but that it was a contributing factor to the schedule being revised. Franchot noted the City Council needs to understand the financial ramifications of not proceeding forward with the project. Printup stated the financial contributions are what money has been put into it to date. Bremer noted the bonds have been issued for this project and that the question is how they can be repaid and how quickly the funds must be used. Loftus noted the City is required to make an interest payment in August and will also be making an interest and principal payment in February. The City will still be receiving the MSA funds to cover those payments. Franchot asked if the City will receive those funds even if the City is not doing a project. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 6 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 7 of 24 (6. OLD CRYSTAL BAY ROAD RECONSTRUCTION PROJECT BID CONSIDERATION, Continued) Olson stated eventually the City will need to do some project. Loftus stated the City cannot give the money back and that they will have to wait until the bonds are callable, which is in 2020, but that the funds could be utilized in other ways. Loftus indicated this project could perhaps be revised or the City could do other projects. Loftus noted the design costs for this project are a given cost but that the plans for Old Crystal Bay Road could be altered and the City would still be able to utilize the bonds. Rahn stated the amount of money that has been spent on this project could possibly be utilized in some fashion but that in his view the Council should vote this project up or down. Loftus indicated the costs for the plans and specifications are around $100,000. Franchot moved, Bremer seconded, to accept the base bid in the amount of $3,021,750.14 and Alternate 7C in the amount of $75,293.00, and Alternate 8 in the amount of $17,630 for a total of $3,114,673.00 for the Old Crystal Bay Road project. Bremer stated she would not have selected that option but that she seconded the motion for discussion. Bremer indicated she is in agreement with the letter received from the City Engineer that the City needs to commit to some minimal landscaping. The City does not want to lose the rural character of this location and the City Council at this point cannot anticipate what the roadway would look like without any landscaping or median. Bremer stated she would have preferred to do Alternate 4C, which is to provide ground cover for the roundabouts and the median, but to defer any other landscaping. Franchot noted his motion does not include Alternates 1, 2, and 3. VOTE: Ayes 1, Nays 3, Printup, Bremer, and Rahn opposed. Rahn moved, Printup seconded, to reject all bids for the Old Crystal Bay Road project. VOTE: Ayes 2, Nays 2, Bremer and Franchot Opposed. 7. PUBLIC HEARING - ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT, 7:40 P.M. - 8:01 P.M. Jesse Carlson, Bonestroo, stated the City of Orono holds an MS4 (Municipal Separate Storm Sewer System) permit under the NPDES program for operation of the City's storm water drainage system. The NPDES is a national regulatory program under the jurisdiction of the U.S. Environmental Protection Agency and is administered at the state level by the Minnesota Pollution Control Agency. A requirement of the permit is that an annual report be prepared and submitted to the MPCA. Staff has prepared the report and will submit it to the MPCA at the completion of this meeting. One component of the report is that the City must hold a public meeting. The meeting must provide a summary of the City's Storm Water Pollution Prevention Program, the activities of the City for the past calendar year in regards to the permit requirements, and must afford the opportunity for public input and comment. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 7 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 8 of 24 (7. PUBLIC HEARING - ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT, Continued) The goals of tonight's meeting are to educate interested citizens and to receive comments from the public on the storm water pollution prevention program and progress on Best Management Practices. NPDES stands for National Pollutant Discharge Elimination System. The basic requirements of the Storm Water Pollution Prevention Program include having measurable goals for each BMP, implementation schedule and responsible person, the issuance of annual reports, ordinance development, and storm water system mapping. The six minimum control measures include: One, public education and outreach; two, public participation and involvement; three, illicit discharge detection and elimination; four, construction site storm water runoff control; five, post-construction storm water management; and six, pollution prevention and good housekeeping for municipal operations. The legal enforcement obligations under the USEPA and the MPCA include criminal action; civil action, which could involve a $10,000 fine per violation per day; a stipulation agreement regarding pond assessments, etc.; and third party lawsuits. There have been no violations that have come out of the permitting process to date. Possible local and global impacts to not meeting the goals include a decline in aquatic biodiversity, habitat loss, increased flooding, aesthetics, human health, and drinking water quality decline. 2010 MCM implementation include Water is Life Artwork held last November; Girl Scout Group cleanup, storm water information on website, grass and leaf disposal program, construction debris collection, storm water information in newsletter, street sweeping, culvert repair, sump catch basin sediment removal, outfall, pond, and sump catch basin inspections, and public works training. Implementation activities planned for 2011 include pond inventory, hardcover regulations, Stubbs Bay ravine stabilization, impaired waters review, outstanding resource value waters review, storm water management ordinance, and Old Crystal Bay roadside BMPs. Future items to consider are MPCA audits, funding, coal tar legislation, and MS4 General Permit Revision. The next step in the process is to record public comments, prepare a response to each comment, and submit the annual report by MPCA by June 30th. Franchot asked how the loads are calculated and whether there are provisions to test what is dredged out. Carlson stated the process that would need to be undertaken is to go out to that pond and conduct soil borings. Those soil borings would then be sent into a lab for testing to see what the level of pollutants is at for the material. Level one material consists of pond sediment that could be disposed of on any open space, level two would be sediment that could be disposed of at an industrialized based land fill, and level three is land fill only. Carlson noted there are only two landfills in close proximity that will take the level three material. Acting Mayor Printup opened the public hearing at 8:01 p.m. There were no public comments regarding this item. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 8 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 9 of 24 (7. PUBLIC HEARING - ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT, Continued) Acting Mayor Printup closed the public hearing at 8:01 p.m. The City Council took no formal action on this item. PLANNING DEPARTMENT REPORT 8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, 8:02 P.M. - 8:40 P.M. Curtis stated the City was recently approached by individuals interested in creating a community garden in Orono. The community garden would be run by volunteers. They propose to utilize vacant property to plant and maintain a garden for the purpose of donating the harvest to a local food bank/charity. In April, the City Council directed Staff to study code amendments regarding community gardens. Gardening is currently allowed in Orono as an accessory use within residential zoning districts. A permitted principal use must be present on the property prior to the accessory use being allowed. Because of this, it made sense to also include private, residential gardens in the study. Within the residential zoning districts, text amendments would be necessary in order to classify private gardens as a principal, permitted use. On May 16, 2011, the Planning Commission voted 6-0 to forward their recommendations to the City Council. The recommendations generally are as follows: The Commission recommended the Council adopt an amendment to the code within all residential districts to allow gardening as a permitted principal use. In regards to community gardens, the Planning Commission made the following suggested recommendations: 1. Community gardening could be permitted in all districts; 2. No minimum acreage should be required; 3. There should be a special permit or agreement between the City and the user if on City property; 4. Multi-tenant community gardens do not seem to be a good fit for Orono; 5. Setbacks from property lines for the garden area - two options were identified: a. 10-foot minimum setback; or b. Principal structure setbacks based on underlying zoning district; 6. Nothing permanent should be permitted on the property: a. Only temporary fencing allowed - T-posts and welded fencing were suggested b. No buildings or structures, sheds, gazebos, farm stands, etc. c. No benches, picnic tables, storage bins/containers, bike racks, compost containers, lighting, or raised planting beds; 7. Signage - two options identified: a. No signage; or b. Signage permitted according to underlying zoning district Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 9 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 10 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) 8. No port-a-potty would be permitted 9. Retail sales shall be prohibited 10. Hours - Dawn to dusk operation 11. Parking - user to identify parking for at least two stalls 12. No composting on site Planning Staff finds that it may be appropriate to amend the zoning code to allow private gardens as a permitted use in each residential district. Staff and the Planning Commission have begun to study the issue of community gardens. In an effort to give direction to the Council, the Planning Commission began to provide possible standards for a zoning code amendment relating to community gardens. However, the consensus of the Planning Commission and Staff is that codification of standards for community gardens, a new use, within the City is premature. This issue should be studied and discussed more extensively by the Council. Additionally, there are a number of policy decisions required before consideration of allowing this type of use on city property. Staff would recommend the Council table the issue of community gardens for further discussion and review. In order to address the recent request to use the city-owned property behind the Long Lake/Orono fire station for a community garden, Staff is suggesting the following options: Option 1: Amend City Code Section 66-191 regarding special events in order to define "community gardens on City property" as a Special Event and issue a Special Event Permit. The code amendment would be necessary as community gardens do not currently fall under the category of an "event" covered under the City's Special Event Permit; Option 2: Amend the Permitted Uses within residential zoning districts allowing gardening as a principal use and enter into a license agreement with the interested party to utilize the city-owned property for one season on a trial basis; Option 3: Designate the city-owned property as a park and enter into a license agreement with the interested party to use the city-owned park for one season on a trial basis. The park designation can be removed at any time in the future the Council deems appropriate; Option 4: Deny the request. Staff recommends approval of an amendment to allow gardening as a permitted use within all residential districts in the City. Staff recommends the Council consider Option #3 for community gardens. The City Council should hold a public hearing and consider directing Staff to draft an ordinance in order to allow gardening as a permitted use within all residential zoning districts. The Council should also consider the discussion and the recommendations on community gardens and direct Staff on how to proceed. Franchot asked if one of the issues before the City Council tonight is whether gardening on a vacant lot should be allowed as a principal use, which is unrelated to community gardening. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 10 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 11 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) Curtis indicated that is correct. Franchot asked if there is also the issue of whether or not the City wants to permit community gardens, which by definition involves volunteer work and non-owners gardening on a lot. Curtis indicated that is correct. Franchot asked if Staff would like the Council to address the first issue. Curtis stated Staff is asking the Council to look at amending the code to allow gardening as a permitted use on residential property. Franchot noted Staff and the Planning Commission have recommended approval on allowing gardening as a permitted use and that Staff is asking that the Council discuss community gardening regardless of where it happens. Curtis indicated that is correct. Rahn noted they are talking about gardening on private property without a primary residence and then the licensing agreement with the community gardening. Curtis indicated Staff has attempted to come up with some options to address the current request for the community garden. Curtis noted gardens are not currently a permitted use on residential properties without a principal structure. Rahn asked what the lot is zoned that is located by the fire station. Curtis indicated it is zoned RR-1B, residential with a two acre minimum. Rahn stated the Planning Commission had a lengthy discussion regarding community gardens and recommended against standing structures. Rahn asked if the helipad for the fire department is in the same area as the garden. Curtis illustrated the location of the fire station, proposed parking for the garden, the proposed garden area, and the helipad site. Rahn asked if the garden would conflict with parking for the fire department's pancake breakfast. Curtis stated it is her understanding the location was discussed with the fire chief and that it is outside of that parking area. Printup asked if Staff has spoken with the fire chief. Curtis stated she did not personally speak with the fire chief but representatives from the group have. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 11 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 12 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) Rahn stated it appears that the special event permit application could be manipulated to accommodate this request and that the recommendations of the Planning Commission could be incorporated into the special events permit. Curtis stated in Staff’s opinion it needs to be allowed as a principal use on a residential property or specifically allowed in the code defining what a special event is. Rahn commented he would be in favor of allowing a property owner on a private residential lot to have a garden prior to constructing a primary home. Printup indicated he would also be in favor of allowing a property owner on a private residential lot to have a garden prior to constructing a primary home. Franchot indicated he is generally in favor of that, and asked whether the list of recommendations is part of the request that is being discussed tonight. Curtis stated the recommendations are in specific reference to community gardening and that there could be more requirements placed on community gardening by the City Council. Rahn stated the problem the Planning Commission ran into is that every garden location is going to have different issues and that there needs to be some type of permit that would allow the Council to address those individual circumstances and that the code amendment is to allow the garden as a permitted use. Curtis stated Staff is recommending that gardening be allowed as a primary use on a residential vacant lot and that Staff is also recommending that there be a license agreement to utilize the city-owned lot, which is Option No. 2. Rahn asked if the license agreement would then be addressing the insurance issues and the list of requirements being recommended by Staff. Curtis stated the license agreement is in place of a special event permit because Staff does not feel that gardening would fall under a special event unless the code is changed to add it as a special event. Mattick stated traditionally special events in the City have been day-long events and that a community garden would extend over several months. A way to deal with that is to require certain conditions specific to that land with the license agreement that are not necessarily conditions that the Council would put on a zoning district. Mattick indicated the license agreement would not be something that the Council would use if a private individual wanted to have a garden. Staff has been attempting to come up with options to streamline that process. Mattick indicated parks are a broad definition for city controlled land and that Staff contemplated the designation of park in conjunction with the licensing agreement so the City would not be bound forever to this agreement but yet it would still address this situation. Printup stated he does not see the need to change an entire ordinance for a community garden but that the Council could agree to a permitted use for a garden on a residential lot without a structure. Bremer stated because the City owns the property, there needs to be some type of license. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 12 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 13 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) Mattick stated Item No. 3 states that you do not need any text amendments to accomplish the community garden request if the Council designates the land as park and then enters into a license agreement. As it relates to the other item regarding gardens as a primary use, the Council could table that part of the application. Mattick pointed out that a code amendment is not required to accommodate the community garden request if Option 3 is chosen. Mattick stated in his opinion he does not feel a garden is something that would be governed under a special event permit. Bremer stated one other item that came to her mind is what happens at the end of the growing season and that there will be a natural letdown in the activity as the number of volunteers decrease. Bremer stated the Council needs to address cleanup of the site following the growing season in the license agreement. Mattick noted that is addressed preliminarily under Item 5C in the license agreement, which states that at the end of the growing season and following harvest, all vegetation should be removed or tilled under and covered with material acceptable to the City as well as management of erosion at the site. Printup stated the growing season is very specific and usually goes from May or June to October. Franchot stated he would question the specifics of the growing season since it can be quite variable and he would be more comfortable with specific dates. Mattick noted the license agreement states October 31st. Rahn asked if temporary under Item B in the license agreement should be better defined. Curtis stated the 12 suggested conditions within Staff’s memo were generally related to a community garden and that the license agreement could contain more specific recommendations relating to a specific lot. Printup noted the license agreement refers to a community garden and elsewhere in the application it refers to it as a donation garden. Curtis asked whether the City Council would prefer to use the term donation garden. Franchot asked what the difference is between a donation garden and a community garden. Printup stated the idea of a donation garden is that 100 percent of the produce is donated. Franchot stated in his personal view allowing gardens on an empty lot seems sensible and that he is not opposed to it. Franchot stated as it relates to community or donation gardens, he has some concerns about whether the volunteer efforts would be sustained past the first couple of weeks or month and that he also has a concern with how to get rid of something that is only marginally a success. Franchot noted the City's plan for this specific property has been to become a tax producing asset, and to the extent this garden becomes an established ongoing effort, the City would be taking a piece of property off of the tax rolls, which is a concern. Franchot indicated he would agree with a one year trial period with the Council continuing to look at it and discuss all of the ramifications. Franchot commented he is Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 13 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 14 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) not sure about the tax implications for this piece of property but it could be substantial if the land remains a garden for a number of years. Acting Mayor Printup opened the public hearing at 8:23 p.m. John Thiesse, 3845 Bayside Road, asked if the Council makes the garden a principal use in a private area, whether it is possible to have an adjoining piece of property that is then rented out. Thiesse indicated he is not asking for licensure of private gardens but that gardens on vacant lots need to be regulated for the people who live around them. Franchot stated the city should be cognizant of gardens on vacant lots and the impact to neighboring properties. Dan Saufferer, Minnetonka, indicated he is the one who approached the City regarding a community garden and donating the produce to the local food shelf. Last year they had a garden at St. Therese in Deephaven and they grew approximately 3,200 pounds of food which was donated to the ICA. Saufferer indicated they had pretty good success with the garden last year and that they had roughly 250 volunteers that donated over 800 hours of volunteer time through the growing season. At the end of the season the garden was rototilled. Saufferer indicated he initially made a request to the City and the Planning Department about using a piece of private property on the corner of Wayzata Boulevard and Willow since he knows the owners of that property. Saufferer stated he called the City to ask whether it would be an appropriate use in the City of Orono and was told that any agricultural use in the City required 10 acres, which then prompted this request. Saufferer indicated he is looking at a 100’ x 100’ plot behind the fire station and that he is not sure whether the fire station would be considered a primary building on this lot since it might be considered two separate lots. Franchot noted they are two separate lots. Saufferer indicated the City of Long Lake is willing to provide water to the garden and that there is good community support to help with planting, harvesting, and growing cooperation between the two cities. Franchot asked why Mr. Saufferer does this type of activity with community gardens. Saufferer indicated he does not make any income off of it and that it is a volunteer effort on his part. Last year he spent approximately 100 hours at St. Therese. Saufferer indicated it is his desire to build 100 of these gardens around the Twin Cities. Saufferer stated he does this because it is for a good cause and is a positive thing. Saufferer stated that gardening is also a good thing for kids to learn. Bremer asked if Mr. Saufferer has had a chance to look at the license agreement that is attached to this application. Saufferer indicated he has not. Bremer asked if Mr. Saufferer has entered into other licensing agreements. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 14 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 15 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) Saufferer indicated he has not. Bremer asked whether any of the local churches have been approached. Saufferer stated he spoke with Liz at IOCP but that it was kind of late in the year and that his request was not followed up. Saufferer indicated there are a number of local programs that exist currently, such as in Tonka Bay and Minnetonka. Last year those programs gathered roughly 7,500 pounds of fresh produce. The ICA has also approached all of their churches last March and their goal is to bring in 15,000 pounds. In addition, three other churches located in Hopkins, Minnetonka, and Excelsior have decided to build donation gardens for ICA since it is a great community activity. Saufferer commented that the concept of a community donation garden is starting to catch on and that he would like to see it happen in Orono. Saufferer noted that Liz at IOCP did mention that UMMC is a big supporter of IOCP and had a large garden plot. Saufferer stated he sees this as an opportunity get the exposure and have the benefits compound throughout the local communities. Printup noted the Council's packet contains a note from IOCP saying they are excited about the prospects of this garden. Saufferer indicated fresh produce is the most expensive thing for a food shelf to buy. Saufferer indicated there is another local food shelf that supports the Mound area which is about a tenth of the size of IOCP and that they are on board for getting fresh produce and incorporating it into their Meals on Wheels program. Bremer asked if he has spoken to the fire chief. Saufferer stated the fire chief was there when they measured out the garden. Saufferer illustrated on the overhead the parking for the pancake breakfast, the helipad, and the parking for the garden. Saufferer noted he did measure the space off when there were cars filling the parking area for the pancake breakfast to give him a better idea of what type of space they required. The lot currently is just grass that gets mowed twice a year. Bremer asked what the soil is like. Saufferer indicated it is dark soil and that he would like to utilize the City’s compost pile for this garden. Ralph Kempf, 3675 Togo Road, commented it sounds like a wonderful idea since Orono is an agricultural community and that he is surprised it is not already a permitted use for when people want to put in a garden. Kempf stated he does not have any concerns with a vacant lot being turned into a garden and that it probably would not be a detriment to the community any more than the vacant lot itself. Kempf indicated the question he had about the community garden was where the water would come from but that it sounds like the water is coming from Long Lake. Elizabeth Levang, 4010 Bayside Road, noted a special event permit has been given to the person who sells fireworks in Navarre, which is not a one day event, and Lunds has also gotten one to allow Gertens to be there for the summer. In addition, the park at Big Island has a season long permit. Levang indicated Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 15 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 16 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) she has a hard time understanding why a special event permit would not work in this circumstance since one of the check offs on the permit application is public land. Mattick stated in the City Code there is a special provision that addresses the Big Island situation and that he is not aware of the other two situations. Mattick stated in his view special events tend to be more temporary in nature and that he is attempting to put this use where it most logically belongs. Dennis Walsh, 1354 Rest Point Circle, commented that this is a worthwhile project and has good potential to create some positive PR for the city. Walsh stated that perhaps Orono could lead the western suburbs in an effort like this and suggested that information be placed in the Laker and Pioneer to help inform the residents on the steps the City is doing to help address some of the different issues that are in the communities. Acting Mayor Printup closed the public hearing at 8:36 p.m. Printup commented that in his view this is a good idea and would be a good benefit to the community. Mattick noted a specific date could be included in the permit. Bremer moved, Franchot seconded, to direct Staff to draft an ordinance in order to allow gardening as a permitted use within all residential districts. VOTE: Ayes 4, Nays 0. Bremer moved, Rahn seconded, to approve Staff Option No 3 designating the city-owned property next to the fire station as a park and to enter into a license agreement with the applicant for one season on a trial basis. VOTE: Ayes 4, Nays 0. 9. #11-3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, 8:38 P.M. - 9:16 P.M. Curtis stated in order to preserve the residential character of neighborhoods and to prevent competition with licensed marina businesses, rental of boat slips on residential docks has been limited in the City of Orono since 1962. Rental of boat slips on residential properties has been prohibited entirely since 1995. Several City Code sections comprise the City’s rules for rental of residential boat slips or docks and are scattered throughout the zoning code. These code sections are outlined within a city handout attached to the Planning Commission packet as Exhibit A. The codes and the informational handout are lengthy and difficult to understand. Staff is proposing a zoning code text amendment which will not change the rule but rather state the current rules more clearly and succinctly within a single code section. The Planning Commission at its May meeting reviewed the proposed amendments and voted 6-0 to recommend approval of the amendments and ordinance as drafted. Staff recommends approval of the proposed draft ordinance clarifying the City’s regulations regarding rental of boat slips on residential property. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 16 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 17 of 24 (9. #11-3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Bremer stated she does not like the language in the ordinance under Section 4(6), otherwise providing space, but that she understands the intent of that language. Bremer stated there are a number of times that she has taken her boat to different locations and there are also lots of people who use neighbors’ docks for going to and from places on the lake. Bremer noted that type of situation is not actually meant to be included in this but would be and that she does have a concern about the phrase "otherwise providing space" because it means no money is exchanging hands. Gaffron stated through the decades the City has had a number of people looking for ways around the ordinance and that is the phrase that gives the City some discretion in terms of the definition of renting. Staff is looking at the impact of boats on the neighborhood and one of the issues is parking and other activity from people who are not part of the neighborhood. The City receives approximately two dozen calls a year from people who know the City does not allow dock rental. In a situation like that the property owner may argue that they are not renting the dock and that it is just a friend, which may not necessarily be the case. Staff would like to make it clear in the code what the specific code section is without having to go to seven different sections. Mattick indicated he understands Council Member Bremer's concern, but that when it comes time to enforcement, the City has a difficult time proving that a rental agreement exists. Staff has found documentation of continued use of a dock by a boat that is not owned or controlled by the resident of the property, which is what the City has previously attempted to regulate. From a drafting standpoint, this has been a tough ordinance to draft and that in a criminal sense the previous language made it unenforceable. Mattick stated they could consider inserting language that says a property owner may not otherwise provide space for X number of days consecutively or other similar language. Gaffron stated from a policy standpoint and perhaps from a Code standpoint, the LMCD generally checks around the lake and if there are four or more boats on one dock, they will check and verify if those boats belong to that property. If the same boat is there a week or ten days later, that would enter the realm of violation. Gaffron stated language of that sort could perhaps be written into the code. Rahn asked if the LMCD allows for non-ownership of boats if they are not over their BSUs. Rahn stated it was his understanding that the LMCD already had specific rules regulating dock use. Gaffron stated the City's ordinance has been stricter than the LMCD regulations for the last 15 years and perhaps longer. The City routinely receives complaints every year regarding dock rental and it is something that the residents expect the City to be enforcing. Gaffron indicated he is not sure whether he would recommend changing the proposed ordinance but that he could follow up and find out what the LMCD is doing and obtain their specific policies. Rahn stated he would like the City’s ordinance to mimic the LMCD's and asked why the City would be dealing with this rather than the LMCD. Rahn commented that dock rental has to be a logistical nightmare for Staff to handle. Rahn stated near his neighborhood there are individuals that let other nonlakeshore residents keep boats at their docks and that he is not opposed to that if the property owners are not over their boat count or their BSUs. Since one of the concerns of boat rental is neighborhood parking, Rahn questioned if the City is going to start to regulate people that entertain every Saturday night and their driveway is always full of cars. Rahn stated he would rather not have the City enact rules regarding boats if there is already another governmental agency that deals with dock usage. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 17 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 18 of 24 (9. #11-3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Rahn noted the City's handout states that new seasonal docks require a one-time $30 permit fee, and if the dock is reinstalled in the same location, the fee is waived. Gaffron indicated that language refers to the first time a new seasonal dock is installed. If a dock has been there for the last 50 years, it can continue to go in at the same location without cost unless it is relocated. Gaffron stated that may be a piece of the code that could be changed but that it is part of the City’s fee schedule. The fee covers the cost of Staff having to go out and inspect the dock the first time it is installed to ensure it meets LMCD regulations. Rahn stated he has a problem with the dock inspection since the LMCD already covers dock inspections and setback measurements, and the City does not have zoning regulations for setbacks in the Code. Rahn commented he has spoken with the LMCD and they have a difficult time enforcing dock regulations, which is why the LMCD likes it when cities duplicate their efforts. Rahn stated he has spoken with other planners around the lakeshore cities and they have indicated they are not interested in regulating boats and do not want the legal issues associated with boat regulations. Rahn stated in his opinion the ordinance needs some additional work. Gaffron stated it is very rare that someone comes in and requests a license for a new dock at a site that has never had a dock. Printup asked what the typical complaint is. Gaffron stated the typical complaint by the residents is that their neighbor is renting their dock out and that people are coming in at all times of the day causing parking and neighborhood problems. In a situation like that, the City will send an inspector out, take the boat license number, and send a letter to the property owner and the boat owner informing them that it is illegal to be renting a boat slip. In the past the City has taken people to court in this type of situation and has won in court in a couple of cases. The LMCD has also been involved in similar cases. Gaffron reiterated that it is not an unusual thing to receive a dozen or more of that type of call in a year. Rahn asked if the LMCD also regulates dock rental. Gaffron stated Staff can check to see to what level the LMCD regulates dock rental. Curtis stated the LMCD website states that two restricted watercraft may be kept within a dock use area for most lots. Four restricted watercraft may be kept within a dock use area provided all the following conditions are met: There is a single-family structure on the lot, all restricted watercraft kept at the dock or mooring must be owned by and registered to persons who live in the residential structure. It also talks about the length of the shoreline and multiple dock licenses with the LMCD. Rahn suggested Staff speak with the LMCD. Rahn stated the ordinance uses the word rental but that in his opinion the City should have an outlet for a neighbor who is allowing another neighbor, such as an inlander, to keep his boat on his dock. Rahn stated in his opinion that happens rather frequently and that the City should have some way to allow for dock use to happen if the property owner is not over the number of allowable boats per their length of lakeshore. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 18 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 19 of 24 (9. #11-3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Mattick asked Council Member Rahn if there is a difference between allowing the neighbor who doesn’t have lakeshore access to dock their boat at their property all season long as opposed to someone who is not over their boat count and sells their dock space on E-Bay for a season. Rahn stated the difference he sees is that it doesn’t become a parking issue because the person is typically just walking across the street. Rahn questioned why the City would care if dock rental occurs if the property owner is not over their BSUs. Gaffron noted the LMCD does not check until they get up to the level of four boats and then every one of those needs to be registered to the property owner. Gaffron stated the issue for the LMCD is at what level they can spend time enforcing dock rental. Rahn indicated he was told the LMCD checks when someone is over their allowable boat count and that it would be interesting to know if the LMCD has any type of allowance for having someone's boat there for 30 days or less. Rahn indicated it was his understanding that the LMCD did have some method for allowing a boat at someone's dock that is not licensed to the property owner. Rahn stated he would like to discuss this further at a work session and have Staff check with LMCD and perhaps other lakeshore cities. Rahn stated the question is whether the Council want s Staff to be duplicating what the LMCD already does. Acting Mayor Printup opened the public hearing at 8:56 p.m. Dennis Walsh, 1354 Rest Point Circle, stated this is just another example of government attempting to get into peoples' lives and telling them what to do. Walsh stated LMCD will come out if you complain and that in his view the appropriate measures are already in place. Walsh commented he would like to know how something like this gets on the City Council agenda without discussing it first at a work session. Walsh asked if City Staff is running the City Council meetings or if the City Council is putting its own items on the agenda. Bremer noted this item was before the Planning Commission and came about as a result of public input. Gabriel Jabbour, 985 Tonkawa Road, stated in his opinion Orono has lost its soul and is playing a game called potluck supper and they're hoping to hit the right pot. The Council has forgotten who we are and where we are going. Jabbour commented that every single item on the agenda is discussed to death and is then voted on its merit based on how it will fit into the City's overall plan. The Council does not question why people did things a certain way in the '70s or '80s or 2000's. Jabbour stated in 1975 the City adopted ordinances that prohibited lots from having docks that do not have a primary structure. Gaffron indicated that is correct. Jabbour stated in the 1980s, the City took a property owner to court and prevailed from allowing him to have a dock without a primary structure. If the house is torn down, a person cannot have a dock without a principal structure regardless of the cost of the property. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 19 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 20 of 24 (9. #11-3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Jabbour stated he would like to see every single citizen of the United States have access to Lake Minnetonka but at the same time the neighbors should be taken into consideration. The LMCD Code is being reviewed, but you currently can have two boats and they can belong to anyone. Four boats have to be registered to the property owner. Jabbour commented it is virtually impossible for the City's attorney to enforce the code based on who is there. By the time it gets in front of the judge, it is December and next year you start all over. Jabbour reiterated that enforcement of the code is very difficult. Jabbour stated the Council should understand why the City's policies and regulations were enacted in the first place. Moody’s gives the City a phenomenal rating based on past Councils who have rejected excessive spending. Jabbour encouraged the council members to talk to people, particularly Ex-Mayor Callahan and Charlie Kelley, on how Orono got here instead of figuring out each issue the night of the City Council meeting. The Council should first determine if the City has the money available for a project, such as exotic species. If the answer is yes, the Council should then weigh the decision based on the individual request. Printup noted the videotape needs to be changed. (Recess taken from 9:03 p.m. to 9:09 p.m.) Jabbour commented the City of Orono has been conservative in the past but that we have lost our way. Orono is no longer a leader among the local communities. Jabbour noted in the past over 50 people gathered together at the LaFayette Club to discuss items of interest. When the City of Orono called a meeting, the people knew we were calling for a righteous reason. The City also got awards for public access and including everyone in the community. Jabbour noted that Orono has had 1,500 acres of park land given to the City by its residents, but yet the City cannot open the sliding hill for the kids at the golf course and does not have a problem spending millions of dollars on issues that do not fit into our lifestyles. Jabbour indicated he would like to see this Council united and that he would invite Mr. Walsh to be an agent of uniting instead of divisiveness. He asked Council to work together in order to bring Orono back to the days when it led the Lake Minnetonka area. Orono has a profound role to play in the area. There are 13 other cities around the lake. Orono either encompasses, shares borders or shares bays with other cities like Mound and Wayzata. Orono needs to reclaim their position, give the Orono residents what they deserve, and have a strong, positive impact on the lake. Jabbour noted Orono no longer has a representative on some of the regional agencies and that he would like to see Orono regain their leadership in the community. Jabbour stated the City Council needs to figure out what the City stands for and weigh the applications against those standards. If the City’s bond rating is driven down, all city projects will cost more. Jabbour indicated he personally met with representatives of Moody's and that they did not give Orono that rating based on our balances but they gave it to us because we convinced them on our philosophy. When different organizations asked for money, the Council voted the requests down. Those prudent decisions helped Orono obtain their AAA rating. Jabbour requested the Council think twice about their projects and recommended that they revisit their assessment policy. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 20 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 21 of 24 (9. #11-3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Acting Mayor Printup closed the public hearing at 9:15 p.m. Rahn stated from 2000 to 2006, the City had numerous variance applications dealing with docks and that he cannot remember one application that was denied. Bremer stated on Casco Point the City did require the removal of a dock if there was no principal structure. Rahn commented the first thing a person wants to do is put in a dock if they own lakeshore. Bremer stated to her recollection they have required docks to be removed a number of times. Rahn stated listed right on the zoning application is language that states during the time the house is razed, there cannot be a dock. Gaffron stated to his knowledge the City has a standard in place that incorporates some time frames in it or an agreement with the property owner to deal with that type of situation. Curtis indicated it is a right of entry agreement. Gaffron stated if the house is not built within a period of time, the dock can no longer be there. Rahn stated he personally does not see a problem with having a dock without a primary residence. Franchot stated it is clear that the Council has not reached any type of conclusion on this issue and that he would suggest the item be discussed further at a work session. Franchot stated the City could attempt to solve parking issues on land, which is currently an issue, by limiting boats on a dock, but that this issue needs to be discussed further. Franchot moved, Rahn seconded, to table Application No. 11-3503, City of Orono, Zoning Text Amendment Lakeshore Residential Zoning Districts: Dock Rental. VOTE: Ayes 4, Nays 0. 10. #11-3505 PUBLIC HEARING - THOMAS AND MARTHA McCUNE, 1473 BAY RIDGE ROAD – VARIANCES, 9:17 P.M. - 9:21 P.M. – RESOLUTION NO. 6050 Curtis stated the applicants are requesting side yard setback variances in order to repair an ice dam issue with the existing roof. The applicant would like to reconstruct the roof over the older portion of the home with a slightly steeper pitch. The resulting increase in height would be an additional 2’ 11” from the existing roof. The existing home does not meet the 30-foot side setbacks as required for principal structures within the LR-1A zoning district. A 16.7 foot setback exists on the south side of the home and a 14-foot setback exists on the north side of the home where 30 feet is required. Planning Staff recommends approval of the side setback variances in order to reconstruct the roof as proposed. Acting Mayor Printup opened the public hearing at 9:18 p.m. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 21 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 22 of 24 (10. #11-3505 PUBLIC HEARING - THOMAS AND MARTHA McCUNE, 1473 BAY RIDGE ROAD, Continued) There were no public comments regarding this application. Acting Mayor Printup closed the public hearing at 9:18 p.m. Bremer commented this is one of those circumstances where the original construction of the home was not correct and that this will help to correct the situation. Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6050, a Resolution Granting a Variance to Municipal Zoning Code Section 78-305 for the property located at 1473 Bay Ridge Road. VOTE: Ayes 4, Nays 0. 11. #11-3506 PUBLIC HEARING - ORONO PUBLIC SCHOOLS ISD 278, 685 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT - GRADING AND FILLING, 9:21 P.M. - 9:25 P.M. – RESOLUTION NO. 6051 Curtis stated the Orono Schools intend to improve an area of the southernmost property on campus for a new softball field. As a result of the City’s Old Crystal Bay Road project, there will be soil material exported out of the roadway area. The school would like to utilize the excess material to improve the grade to prepare for the new softball field. Due to the amount of material proposed, a conditional use permit is required. Planning Staff recommends approval of the CUP. All of the City Engineer’s requirements, including erosion control measures, will be addressed with the administrative land alteration permit following approval. The school should notify the MCWD of their project. Printup asked whether denial of the Old Crystal Bay Road project affects this application. Curtis indicated it does not. Acting Mayor Printup opened the public hearing at 9:23 p.m. There were no public comments regarding this application. Acting Mayor Printup closed the public hearing at 9:23 p.m. Bremer moved, Rahn seconded to adopt RESOLUTION NO. 6051, a Resolution Granting a Conditional Use Permit for Land Alteration Pursuant to Sections 78-966 and 78-968, for the property located at 685 Old Crystal Bay Road North. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Printup noted there was some information in the Council packet recognizing Officer Barnes. Printup thanked Officer Barnes for his service. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 22 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 23 of 24 CITY ADMINISTRATOR'S REPORT *12. CR112 TURNBACK PROJECT Franchot moved, Rahn seconded, to authorize Mayor Lili Tod McMillan to sign and send the May 23, 2011 letter to James Grube, Director of Transportation and County Engineer, regarding the Old Highway 12/CR112 Turnback Project Process. VOTE: Ayes 4, Nays 0. *13. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Franchot moved, Rahn seconded, to approve an adjustment in the City Administrator's salary to Step II of the 2011 pay schedule effective April 1, 2011. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT *14. HAZARDOUS BUILDING REMOVAL AT 200 HOLLANDER ROAD - CONTRACTOR PAYMENT Franchot moved, Rahn seconded, to approve payment to Farr Construction in the amount of $27,764.23 for work completed at 200 Hollander Road. VOTE: Ayes 4, Nays 0. 15. MAINTENANCE AGREEMENT This item was not discussed because the bid was not awarded for the Old Crystal Bay Road project. 16. LICENSES AND PERMITS GARBAGE HAULER 1. Allied Waste Services 9813 Flying Cloud Drive Eden Prairie, MN 55347 2. Baldy Sanitation, Inc. 5906 Henry Street Maple Plain, MN 55359 TRANSIENT MERCHANT LICENSE 3. Applicant: Quentin Nelson/Empire Management LLC/Stubb's Fireworks Activity: Sale of Consumer Fireworks Location: 3423 Shoreline Drive Date: June 25 - July 4, 2011 Time: 9:00 a.m. - 9:00 p.m. Franchot moved, Rahn seconded, to approve the above listed licenses and permits. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 23 of 24] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 24 of 24 *17. BILLS Franchot moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 9:24 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ____________________________________ __________________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 24 of 24] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #03 - CC Agenda - 06/13/2011 File #07-3300 [Total Pages 13] Item #04 - CC Agenda - 06/13/2011 File #11-3511 [Total Pages 31] Item #04 - 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