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Home My WebLink About06-22-2009 Council Packet PUBLIC ATTENDANCE MEETING DATE �Z2— D � COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER /,{ �., _� 1. . i,�� t/ ��'L. ��vi 4C.'CE�;,c� :� ��L� f-d Li-�i� �r�•,--��_>l�,>�LC'u�'c'>�✓c?: 2. ��r�'�' ;., ' � �; � -�� i.� - � - ,7 4 3. � �,�:�,�.- l 3 � S �3 �-�w., � S c , ��., �,� ��:1� 4. ;�; � ��,1��"��;,,�;;, ��' %�i; (�'�.f/�:,;�� v'•°v�' �Y.z^,/'.r f ,� �„ ,, ; {\� � ,�_, , 5. � �J� 1 �'�� "f�� i ��_�j`'c��/',yv /L✓��,� l/, _�-��. 1 A � � 6. lii�� ' 1� ta,�i ��;"�, ��J(;rr`'`� ��_ ��;l�� ,�'��.�, ��(�� . � . ,�—�'' � ' 7. '��-�y�c v� �� lLk�. �� 8. 9. 10. 11. 12. 13. 14. 15. V:\�LEGAL FORMS)\(FORMS�\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, June 22, 2009, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Consent Agenda 1. 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 June 8, 2009 Public Hearing – 7:05 P.M. 3. Myrtlewood Utility Improvements Project Assessment Hearing a. Adopt Assessment Roll – Resolution b. Award Construction Contract – Resolution c. Approval of Change Order No. 1 Presentation 4. 2008 Comprehensive Annual Financial Report Planning Commission Comments – Loren Schoenzeit, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 5. #09-3402 Philip F. Kaley, 1395 Brown Road South – Variances – Resolution * 6. #09-3413 Clement and Winnifred Kroll, 60 Stubbs Bay Road South – Preliminary Plat Extension – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 7. Joint and Cooperative Agreement for the Use of Law Enforcement Personnel and Equipment – Resolution 8. Navarre Fire Station Ownership Agreement 9. Accept Donation 10. Adjust 2008 General Fund Budget 11. Adjust 2008 Special Revenue Fund Budgets Agenda for Council Meeting Set for Monday, June 22, 2009, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 12. Pay Request No. 2 – Casco Point Reconstruction Project 13. Pay Request No. 2 and Final – TH 12 Sewer and Water Service Connections 14. Pay Request No. 2 and Final – Crystal Bay Business Center Watermain Improvements 15. Pay Request No. 2 and Change Order Order No. 1 – Stonebay Wetland Corrections 16. Appointment of 2009 Golf Course Employee 17. Resolution of Support for “Long Lake Orono” Signage Option – Resolution City Attorney's Report 18. Licenses & Permits * 19. Bills Adjournment Upcoming Issues and Events 2009 06/22 – Council Meeting, Monday, 7:00 p.m. 06/23 – Council Work Session, Tuesday, 6:15 p.m. 07/01 – Planning Commission Work Session, Wednesday, 5:30 p.m. 07/03 – HOLIDAY, Friday, Observance of Independence Day 07/13 – Council Meeting, Monday, 7:00 p.m. 07/14 – Council Work Session, Tuesday, 6:15 p.m. 07/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Jim Murphy) 07/27 – Council Meeting, Monday, 7:00 p.m. 07/28 – Council Work Session, Tuesday, 6:15 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 1 of 12 ROLL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and Douglas Franchot. Representing Staff were City Administrator William Wells, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Zoning and Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:02 p.m. CONSENT AGENDA Item Nos. 7 – 11 were added to the Consent Agenda. Bremer moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF MAY 26, 2009 Bremer moved, McMillan seconded, to approve the minutes of the May 26, 2009, City Council meeting as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT, ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported the Gray’s Bay Dam has been closed, which has resulted in a further reduction in the water down Minnehaha Falls. The water level of the lake is down this year by approximately one foot, which is the average low for this time of year. McDermott stated the LMCD was also only able to raise enough funds to chemically spray the weeds on two of the lakes, with Carman’s Bay not receiving adequate funding. At the present time the LMCD is working on their strategic plan. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Roxie Albers, President of the Long Lake Area Chamber, and April Wysocki, Secretary of the Long Lake Area Chamber, were present. Albers stated at the last Mn/DOT meeting they were given some choices for signage from the engineer, and the Chamber has a recommendation for what they would like to see for permanent signage along the New Highway 12 corridor. The Chamber and its members feel it is vital for the signs to be erected to help direct the motorists into the downtown Long Lake area. Wysocki distributed a copy of the signs they would like erected. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 1 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 2 of 12 (PUBLIC COMMENTS, Continued) Albers pointed out the signs need to be ordered by June 26th, so the Chamber would like to have the Orono Council act on this issue promptly. In addition, the members of the Chamber feel changing the name of the road is a nonissue. Albers stated there was a choice between local signs and business signs that they were able to choose from. Wysocki stated the county would also be erecting signage denoting an upcoming business district a few miles prior to the Orono/Long Lake exits. Murphy stated he would recommend that Mn/DOT relocate the sign near the curve on 394 shortly before the exit into Long Lake. Randy Gilbert, Long Lake Mayor, stated the Chamber did speak before the Long Lake City Council regarding this issue. Gilbert indicated the City has a resolution ready to be adopted at their upcoming meeting, which will then be given to the Orono Council for their approval. The signed resolution will then be provided to Mn/DOT. Murphy moved, Bremer seconded, to direct Staff to draft a letter in support of the Long Lake Resolution for submittal to Mn/DOT. VOTE: Ayes 5, Nays 0. ZONING ADMINISTRATOR’S REPORT 3. #09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FERNDALE ROAD WEST – VARIANCES AND CONDITIONAL USE PERMIT – RESOLUTION NO. 5841 The applicant was not present. Turner stated the applicant is requesting lot area, side setback, lakeshore setback and hardcover variances as well as a conditional use permit to rearrange the floodplain on the property. The goal is to construct a replacement residence on the existing foundation. Included in the packet is a letter from an engineer who states that the existing foundation is in good condition and can be used. The Planning Commission voted 6 to 0 to recommend approval of the conditional use permit subject to: 1. The grading/floodplain mitigation plan being revised so no point of the shared driveway is lower than 930.5. The applicant has completed this requirement. 2. Replacement trees being planted in the cut area north of the house and the fill area south of the house, with the plan being provided prior to Council approval. The applicant has submitted a landscape plan. In addition, the Planning Commission has recommended approval of the variances subject to the following conditions: Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 2 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 3 of 12 (3. #09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FERNDALE ROAD WEST, Continued) 1. The property being combined into one tax parcel. 2. To reduce the visible impact of the house, especially as viewed from the lake, the house siding, trim and shingles should consist of dark colors. 3. The patio/laundry drying area south of the house being removed to compensate for the loss of the drainfield that receives the runoff from the existing screen porch. The applicant has completed this condition. 4. Provision of mitigation measures, including: a. A permeable surface being used on the new driveway (but not the raised part of the shared driveway) and new walkways, as well as the lakeside patio if it is replaced. b. A buffer adjacent to northerly lakeshore and protective covenants for the buffer. c. A defined pathway between the west corner of the sunroom and the lake to prevent erosion from the existing dirt path. Turner noted the resolution does state that the house will be rebuilt on the existing foundation per the engineer’s recommendation, and that if issues arise with the use of the existing foundation, the application will need to come back before the City Council. McMillan noted she did attend the Planning Commission when this application was discussed and that this lot does have some hardships inherent to the land. McMillan stated she does have an issue with the magnitude of the side variances and that there is not a lot of room between the two houses. In her opinion, given the fact that this project is a two-story residence, the impact would be much greater. McMillan stated the vegetative screening will need to be replaced since it is likely it will be damaged during construction. Turner stated the two houses are approximately 13 feet apart for the portion that overlaps and that the houses are roughly parallel with each other. McMillan stated due to the closeness of the two houses, she would prefer to see some more separation provided, especially in light of any drainage issues that may exist. McMillan asked whether the applicant considered construction of the new residence in a different spot. McMillan stated another option would be to make the house smaller. Franchot asked if the house is the same size as the foundation or whether there would be any overhang. Turner stated there is minimal roof overhang but that there are no cantilevers proposed. Murphy stated he was interested in the engineer’s report on the viability of the foundation, and asked whether the City Engineer has had a chance to review the report. Kellogg indicated he has not had an opportunity to review the report. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 3 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 4 of 12 (3. #09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FERNDALE ROAD WEST, Continued) Murphy stated it is difficult to tell the exact condition of the foundation until the existing house is razed and that he would like to make it clear to the applicants that this application is only being approved subject to the foundation being in good condition. Murphy noted the Planning Commission has become fairly consistent in recommending that permeable surfaces be utilized. Murphy asked whether the City has a standard for what constitutes permeable. Turner indicated the permeable materials was a recommendation of Planning Staff and that in the cases where a hardcover variance is necessary, Staff felt it would be feasible to recommend a permeable type of installation be utilized. Turner noted this property is located within the 0-75 foot zone and that Staff was attempting to limit the impact of hardcover on the lake wherever possible. Murphy recommended that the City Council discuss the use of permeable materials at a work session in the near future in order to come up with some guidelines and procedures to ensure that appropriate materials are utilized and installed correctly. Bremer noted the letter concerning the foundation has been certified by the engineer. Turner pointed out the letter does state the engineer visited the property and that a portion of the foundation will need to be raised out of the floodplain, which was brought to the attention of the engineer by Staff. Bremer asked whether a portion of the foundation was constructed in 1979. Turner noted the house was constructed in approximately 1951 and the crawl space consists of a cement floor, is in good condition, and is not utilized for storage. In 1979 the sun room and screen porch area was added. White stated in his opinion the Planning Commission did a good job reviewing the application and that he is in agreement with the recommendations. Mattick pointed out the property owner, by adding a second story, is expanding the structure, which is the reason the application needed to come before the council. White asked if the City Engineer would be verifying that the driveway will not be lower than 930.5. Kellogg indicated that would normally be the responsibility of the building inspector. Turner noted there is a requirement for an as-built survey and that Staff will be requiring that the elevation of the driveway be depicted on the survey. Turner stated the landscape plan is attached to the resolution as Exhibit F, which does include a list of the trees that will be removed, retained, and proposed new plantings. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 4 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 5 of 12 (3. #09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FERNDALE ROAD WEST, Continued) White recommended the siding of the house, trim, and shingles be more natural in color. White stated he is in agreement with Council Member McMillan that when the house is increased to two stories, there should be additional separation between the two residences. Kellogg noted some grading work has been proposed between the two houses already to accommodate drainage. Turner pointed out the two houses are offset somewhat and that only a portion of them will overlap. Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5841, a Resolution Granting Variances to the Orono, Minnesota, City Code Sections 78-305, 78-1279, 78-119, and 78-1288, and a Conditional Use Permit for Land Alteration Within the Lakeshore Setback, for the Property Located at 1105 Ferndale Road West. Murphy asked if Staff is aware of the reason why the applicant is not present tonight. Turner stated she is not sure. VOTE: Ayes 4, Nays 1. McMillan indicated she is in opposition to the motion due to the 5-foot side yard setback variance. Bremer noted the applicant had an attorney appear at the first meeting. Murphy indicated his concern regarding the absence of the applicant and/or a representative is that it may create some issues with this application in the future. 4. #09-3402 PHILIP F. KALEY, 1395 BROWN ROAD SOUTH – VARIANCES Philip Kaley, Applicant, was present. Turner stated the applicant is requesting setback variances to construct a detached garage four feet from the north property line when a 15-foot setback is required and two feet from the property line adjacent to Arbor Street when a 30-foot setback is required as well as a variance to have 15.89 percent structural coverage when the maximum allowed is 15 percent. The Planning Commission voted 7 to 0 to recommend: 1. Denial of the structural coverage variance, limiting structural coverage to 15 percent. The garage could be no larger than 750 square feet according to the current calculations. 2. Approval of setback variances to allow a 25-foot deep by 30-foot wide garage placed so the south wall of the garage is in line with the north wall of the house (approximately 5.8 feet from the north property line) and so the southeast corner of the garage is 10 feet from the house and approximately eight feet from the right-of-way of Arbor Street. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 5 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 6 of 12 (4. #09-3402 PHILIP F. KALEY, 1395 BROWN ROAD SOUTH, Continued) The applicant is proposing the pitch of the detached garage roof be similar to the pitch of the house roof. Staff recommends denial of the structural coverage variance and approval of the setback variances. Murphy asked if the applicant agrees with the new numbers. Kaley indicated he does not. Kaley stated by relocating the garage, one of the corners of the garage would be on top of a retaining wall. The house is approximately three feet below the elevation of the street. The second issue is that his sewer line would also be within approximately 1.5 feet of the garage. Kaley indicated he would be fine with a 30-foot garage and that his neighbor does not have an objection to the garage being placed closer to the property line. In addition, the 25-foot garage would not comfortably accommodate a pickup truck. Kaley pointed out the location of some mature trees on the lot, which prevents the garage from being located in a different spot. By locating the garage in this spot, it would require a significant amount of fill. Bremer asked what size garage the applicant would like to have. Kaley stated a 26’ x 30’ garage would be the bare minimum. Bremer asked where he would like the garage to be located. Kaley stated he would like five feet on the north side and four feet on the Arbor Street side between the wall and the right-of-way, which would prevent some extensive work on the retaining wall. Bremer asked how big the retaining wall is. Kaley stated it is approximately three feet high. McMillan noted in order to extend the garage further east, additional fill would need to be brought in. Kaley stated that would be correct and that the retaining wall would need to be extended. Turner pointed out that due to the closeness of the retaining wall, the garage footings would need to be frost footings. Murphy stated it was his understanding the building official stated that 25 square feet is the maximum for a floating slab. Turner stated the entire perimeter would require frost footings even with a floating slab. Murphy asked if the plan is to construct the garage at street grade or at house grade. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 6 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 7 of 12 (4. #09-3402 PHILIP F. KALEY, 1395 BROWN ROAD SOUTH, Continued) Kaley stated the garage would be at the elevation of Arbor Street and that he plans to reduce the slope on the east side down to be at the same elevation as Arbor Street. Kaley stated it is his intention to reduce the bulk of the garage as much as possible. McMillan asked what size garage the applicant would like to construct. McMillan noted the Planning Commission approved 750 square feet, which does not necessarily mean the garage has to be 25’ x 30’. Kaley indicated a 26’ x 40’ square foot garage would be 830 square feet. Murphy commented this garage would be an improvement over what currently exists and compliment the house. Murphy stated he has a concern with the garage on the Arbor Street side and the impact it would have on the adjoining property. Murphy asked what size garage 830 square feet would allow. Turner stated a 26’ x 30’ garage would consist of 780 square feet. White commented this neighborhood is a fairly quiet neighborhood. Bremer stated she is okay with 780 square feet, but that she would like to have the exact location of the garage determined. Turner stated Staff would like the Council to define the size of the garage and that the applicant should go back to his surveyor, have the garage depicted on the survey, along with the retaining wall and the side setbacks. Bremer indicated she would prefer the garage be located closer to the right-of-way on the Arbor Street side. Turner asked if it should be located closer to the sewer line. Murphy stated it was his understanding the Council wanted to give some additional leeway between the sewer line and the garage. Turner stated the garage should be located five feet off the north property line, no bigger than 26’ x 30’, and slab on grade if approved by the building inspector. Bremer moved, Murphy seconded, to table Application #09-3402, Philip F. Kaley, 1395 Brown Road South. VOTE: Ayes 5, Nays 0. 5. #09-3404 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE – VARIANCE – RESOLUTION NO. 5842 Megan Bennett, Applicant, was present. Curtis stated the applicants are requesting after-the-fact approval for construction of a covered porch over an existing deck that was completed in 2007. The porch is situated 40 feet from Hanlon Avenue where a 50 foot setback is required; 22 feet from Dickenson Street where a 50 foot setback is required; and a 12- foot setback from the south, side lot line, where a 30-foot setback is required. Additionally, a structural Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 7 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 8 of 12 (5. #09-3404 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE, Continued) coverage variance to allow 42 square feet over the permitted 15 percent, resulting in 15.3 percent structural coverage is requested. The Planning Commission voted 5-0 to recommend approval of the after-the-fact variances on the Consent Agenda. Planning Staff recommends approval of the variances as outlined in the draft resolution. The applicants have also made a request of the Council to waive the required double after-the-fact zoning application fee. Murphy noted the work was completed in 2007, and asked where this application has been during that time. Curtis stated letters have gone back and forth between Staff and the applicants during that time. Murphy noted the Planning Commission approved this on Consent even though this process has taken a couple of years. Curtis stated the Planning Commission reviewed what was before them and determined whether they would have approved it in the first place and not the amount of time that has elapsed. Murphy requested the applicant address the issue of time. Bennett stated they did receive a letter from the City, which was followed by some further correspondence back and forth between them and Staff. Bennett indicated they asked Staff for the reasons why a variance was required so they could address it adequately in their hardship application. Bremer asked whether the applicants knew a variance was required. Bennett stated they were not aware of the need for a variance since the deck already existed and they merely put a small tin roof over it. White and Bremer indicated they do not have a problem with the after-the-fact variance. Murphy asked what costs are involved with this application. Curtis stated the after-the-fact variance fee is $750, which is double the normal fee. The building permit fee is based on the cost of the construction, which is an additional fee. Curtis indicated she does not know what the cost of the construction was. Bennett stated it cost approximately $100 to add the roof. The roof is constructed out of tin and cedar 4 x 4 posts. Bremer noted there is also a cost for the building inspector to inspect the project. Bremer asked what the rationale is to request a waiver of the fee. Bennett indicated it is the low cost of the project. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 8 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 9 of 12 (5. #09-3404 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE, Continued) Mattick stated the City Council does have the discretion to waive the fee if it chooses. Curtis noted the City has imposed double permit fees on other small projects in the past. Murphy stated a rough estimate of the fees would be $1200. Bremer commented that one of the reasons for the higher fees is to deter residents from constructing structures without the necessary permits. Mattick stated one of the options is to tear off the structure and then apply to the City for a building permit. Mattick stated one of the reasons for the higher permit fees is to compensate for the amount of time Staff has devoted to the application. Murphy indicated he is still looking for some rationale on why this took so long to come before the City Council and that given the circumstances, he is hesitant to waive any fees. Bennett stated the history of this project is rather extensive and that she was given varying stories and reasons by Staff, which is the major reason for the delay. Bennett noted her husband was sued in criminal court over the failure to obtain a permit and that they attempted to work with the attorney in that situation. They also met with the city administrator in an attempt to avoid the city hiring a criminal attorney to prosecute this case. Bennett stated also included in the hardcover calculation was a prior variance for an addition, which added to the confusion. Bennett indicated they were not trying to avoid anything in particular and were attempting to work with the City as much as possible to arrive at a reasonable solution. Bennett stated if you look at the correspondence, there has been come confusion over exactly what the rationale is on the City’s part and that they have spent a substantial number of hours trying to resolve this in a way that is favorable for everyone. Curtis stated there have been instances in the past where homeowner conducted projects have had the double permit fee waived. Curtis stated the initial notice came from the building inspector and that correspondence did go back and forth between the parties for a period of time, with Staff attempting to provide the information being requested. Franchot stated he has spoken to Megan Bennett about this situation and that in his opinion there was some miscommunication between the parties. In his view a $700 additional penalty is excessive given the relatively small nature of the project. Franchot indicated it was his understanding the applicants thought they were covered under the previous variance. Franchot moved, White seconded, to adopt RESOLUTION NO. 5842, a Resolution Granting Variances to Municipal Zoning Code Sections 78-420 and 78-1403, for the Property Located at 500 Hanlon Avenue, with the after-the-fact double zoning application fee being waived but the double building permit fee being imposed as well as any other applicable fees. VOTE: Ayes 5, Nays 0. Mattick noted the applicants will need to obtain a building permit and pay the double permit fee. Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 9 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 10 of 12 6. #09-3409 KERN M. HOPPE, 1150 WYNDMERE ROAD – FINAL PLAT RENEWAL – RESOLUTION NO. 5843 Bremer moved, McMillan seconded, to approve Resolution No. 5843 Approving the Plat of Wyndmere 2nd Addition. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy reported the Luce Line Bridge is now open and that he has received a number of positive comments about the appearance of the bridge. Murphy noted there are some clean-up issues that will need to be addressed. Franchot asked when the road is milled and overlaid, whether a left-hand turn would be allowed during that work. Murphy stated that is one of the issues that will need to be addressed and that he sent an email to Mn/DOT this morning regarding a safe separation between the berm and access on the left turn on the fly- away. Police Chief Farniok noted they have not had any calls or accidents regarding that area as of the present time. Murphy noted Mn/DOT is also conducting traffic count studies in several areas. Bremer asked if she is the board liaison for both the June and July Planning Commission meetings as noted on the schedule. Bremer indicated she had planned to only attend the meeting in June. City Clerk Vee noted Mayor White is scheduled for the July meeting. Murphy indicated he would be willing to attend the July meeting. McMillan stated she has received a couple of phone calls regarding the Dakota Rail and the fact that the crosswalks are confusing. The users of the trail had the understanding that the cars had to stop even though there is a stop sign located on the trail. McMillan recommended the City contact Three Rivers to help resolve this situation. Police Chief Farniok stated he has been in contact with the Three Rivers Park District regarding this situation and that there is some confusion regarding whether the motorists need to stop or not. Farniok stated the bicyclists have to get off their bikes and walk them across the street in order to have the right- of-way and that he is in the process of working with Three Rivers to resolve this issue. Franchot recommended a sign be installed on the trail telling the bikers and pedestrians that they must yield to traffic. McMillan stated the section at Orono Orchard Road and County Road 15 does not have the crosswalk, which further adds to the confusion, and that in her view it would be less confusing if the crosswalks were not there. McMillan recommended the City pursue eliminating the crosswalks. In addition, Hennepin County is redoing the intersection of County Road 15 and Orono Orchard Road. A yield sign has been Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 10 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 11 of 12 (MAYOR/COUNCIL REPORT, Continued) added for people taking a right turn onto Orono Orchard, which is not the local custom, and that the trail in that area is also adding to the confusion. Murphy concurred that area is confusing and that a solution needs to be arrived at. Murphy indicated it was his understanding from Mn/DOT that the pork chop would be elevated. CITY ENGINEER’S REPORT None CITY ADMINISTRATOR’S REPORT *7. SAFE ASSURE COOPERATIVE SAFETY TRAINING CONTRACT RENEWAL Bremer moved, McMillan seconded, to approve the proposal from Safe Assure Consultants, Inc., for conducting safety training and preparation of the related written programs and documentation at an annual cost of $3,775.00. VOTE: Ayes 5, Nays 0. *8. CENTERPOINT ENERGY GAS FRANCHISE ORDINANCE NO. 61 – APPROVAL OF SUMMARY ORDINANCE NO. 61 Bremer moved, McMillan seconded, to adopt SUMMARY OF ORDINANCE NO. 61, THIRD SERIES, GAS FRANCHISE ORDINANCE-CENTERPOINT ENERGY, an Ordinance Granting CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain a Gas Distribution System Including Necessary Gas Mains, Pipes and Equipment for the Transportation, Distribution and Sale of Gas for Public and Private Use and to Use Public Ways and Public Grounds of the City of Orono for Such Purposes; and Prescribing Certain Terms and Conditions Thereof. VOTE: Ayes 5, Nays 0. *9. AGREEMENT FOR USE OF ELECTION EQUIPMENT BY ORONO SCHOOL DISTRICT Bremer moved, McMillan seconded, to approve the Hennepin County, Independent School District #278 and the City of Orono Consent of Assignment of Contract No. A090761 that allows the Orono School District to use the City of Orono’s election equipment. VOTE: Ayes 5, Nays 0. *10. ELECTRIC FRANCHISE ORDINANCE WITH XCEL ENERGY – ORDINANCE NO. 62, THIRD SERIES Bremer moved, McMillan seconded, to adopt The Electric Franchise Ordinance, ORDINANCE NO. 62, Third Series, City of Orono, Hennepin County, Minnesota, an Ordinance Granting to Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy its Successors and Assigns Permission to Construct, Operate, Repair and Maintain in the City of Orono, Hennepin County, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 11 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ ______________________________________________________________________________ PAGE 12 of 12 (*10. ELECTRIC FRANCHISE ORDINANCE WITH XCEL ENERGY – ORDINANCE NO. 62, THIRD SERIES, Continued) Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT None *11. LICENSES & PERMITS Residential Kennel Licenses 1. Stephen Johnston 2335 Shadowood Drive Transient Merchant License 2. Applicant: Jordan Ruzicka/Fireworks, Freedom, and Fun Activity: Sale of Consumer Fireworks Location: 3423 Shoreline Drive Date: June 26 – July 5, 2009 Time: 9:00 a.m. – 9:00 p.m. Bremer moved, McMillan seconded, to approve the kennel license for Stephen Johnston. VOTE: Ayes 5, Nays 0. Bremer moved, McMillan seconded, to approve the Sale of Consumer Fireworks permit and Transient Merchant license for Jordan Ruzicka of Fireworks, Freedom, and Fun and to grant a modification to allow the hours of operation from 9:00 a.m. to 9:00 p.m. for the transient merchant activity at 3423 Shoreline Drive. VOTE: Ayes 5, Nays 0. *12. BILLS Bremer moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 8:43 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ____________________________________ _______________________________________ Linda S. Vee, City Clerk James M. White, Mayor Item #02 - CC Agenda - 06/22/09 Approval of Council Minutes 06/08/09 [Page 12 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 1 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 2 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 3 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 4 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 5 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 6 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 7 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 8 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 9 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 10 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 11 of 12] Item #03 - CC Agenda - 06/22/09 Myrtlewood Utility Improvements Project Assessment Hearing [Page 12 of 12] Item #04 - CC Agenda - 06/22/09 2008 Comprehensive Annual Financial Report [Page 1 of 1] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #05 - CC Agenda - 06/22/09 File #09-3402 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #06 - CC Agenda - 06/22/09 File #09-3413 [Total Pages 8] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 1 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 2 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 3 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 4 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 5 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 6 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 7 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 8 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 9 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 10 of 11] Item #07 - CC Agenda - 06/22/09 Joint & Cooperative Agreement for the use of Law Enforcement Personnel & Equipment [Page 11 of 11] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 1 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 2 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 3 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 4 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 5 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 6 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 7 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 8 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 9 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 10 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 11 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 12 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 13 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 14 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 15 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 16 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 17 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 18 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 19 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 20 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 21 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 22 of 23] Item #08 - CC Agenda - 06/22/09 Navarre Fire Station Ownership Agreement [Page 23 of 23] Item #09 - CC Agenda - 06/22/09 Accept Donation [Page 1 of 2] Item #09 - CC Agenda - 06/22/09 Accept Donation [Page 2 of 2] Item #10 - CC Agenda - 06/22/09 Adjust 2008 General Fund Budget [Page 1 of 2] Item #10 - CC Agenda - 06/22/09 Adjust 2008 General Fund Budget [Page 2 of 2] Item #11 - CC Agenda - 06/22/09 Adjust 2008 Special Revenue Fund Budgets [Page 1 of 2] Item #11 - CC Agenda - 06/22/09 Adjust 2008 Special Revenue Fund Budgets [Page 2 of 2] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 1 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 2 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 3 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 4 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 5 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 6 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 7 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 8 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 9 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 10 of 11] Item #12 - CC Agenda - 06/22/09 Pay Request No 2, Casco Point Reconstruction Project [Page 11 of 11] Item #13 - CC Agenda - 06/22/09 Pay Request No. & Final - TH 12 Sewer & Water Service Connection [Page 1 of 5] Item #13 - CC Agenda - 06/22/09 Pay Request No. & Final - TH 12 Sewer & Water Service Connection [Page 2 of 5] Item #13 - CC Agenda - 06/22/09 Pay Request No. & Final - TH 12 Sewer & Water Service Connection [Page 3 of 5] Item #13 - CC Agenda - 06/22/09 Pay Request No. & Final - TH 12 Sewer & Water Service Connection [Page 4 of 5] Item #13 - CC Agenda - 06/22/09 Pay Request No. & Final - TH 12 Sewer & Water Service Connection [Page 5 of 5] Item #14 - CC Agenda - 06/22/09 Pay Request No. 2 and Final - Crystal Bay Business Center Watermain Improvements [Page 1 of 5] Item #14 - CC Agenda - 06/22/09 Pay Request No. 2 and Final - Crystal Bay Business Center Watermain Improvements [Page 2 of 5] Item #14 - CC Agenda - 06/22/09 Pay Request No. 2 and Final - Crystal Bay Business Center Watermain Improvements [Page 3 of 5] Item #14 - CC Agenda - 06/22/09 Pay Request No. 2 and Final - Crystal Bay Business Center Watermain Improvements [Page 4 of 5] Item #14 - CC Agenda - 06/22/09 Pay Request No. 2 and Final - Crystal Bay Business Center Watermain Improvements [Page 5 of 5] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 1 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 2 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 3 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 4 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 5 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 6 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 7 of 8] Item #15 - CC Agenda - 06/19/09 Pay Request No. 2 and Change Order Order No. 1 Stonebay Wetland Corrections [Page 8 of 8] Item #16 - CC Agenda - 06/22/09 Appointment of 2009 Golf Course Employees [Page 1 of 1] Item #17 - CC Agenda - 06/22/09 Resolution of Support for "Long Lake Orono" Signage Option [Page 1 of 2] Item #17 - CC Agenda - 06/22/09 Resolution of Support for "Long Lake Orono" Signage Option [Page 2 of 2] Item #18 - CC Agenda - 06/22/09 Licenses & Permits [Page 1 of 1] Item #19 - CC Agenda - 06/22/09 Bills [Page 1 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 2 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 3 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 4 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 5 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 6 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 7 of 8] Item #19 - CC Agenda - 06/22/09 Bills [Page 8 of 8]