Loading...
HomeMy WebLinkAbout09-28-2009 Council Packet PUBLIC ATTENDANCE MEETING DATE ���;�.� C-���j C� COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. _ . 15. V:\(LEGAL FORMS�I�FORMS�\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, September 28, 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 September 14, 2009 Planning Commission Comments – Loren Schoenzeit, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report Mayor/Council Report City Engineer’s Report City Administrator's Report 3. Request for Payment No. 5, Casco Point Reconstruction Project 4. Disposal of Police Department Squad Car City Attorney's Report * 5. Licenses & Permits * 6. Bills Adjournment Agenda for Council Meeting Set for Monday, September 28, 2009, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Upcoming Issues and Events 2009 09/28 – Council Meeting, Monday, 7:00 p.m. 09/29 – Council Work Session, Tuesday, 6:15 p.m. 10/07 – Planning Commission Work Session, Wednesday, 5:30 p.m. 10/10 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/12 – Council Meeting, Monday, 7:00 p.m. 10/13 – Council Work Session, Tuesday, 6:15 p.m. 10/17 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/19 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Lili McMillan) 10/24 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/26 – Council Meeting, Monday, 7:00 p.m. 10/27 – Council Work Session, Tuesday, 6:15 p.m. 10/31 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/5-11/6 – Leaf and Grass Disposal, Mondays-Fridays, 9:00 a.m. - 3:00 p.m. 11/04 – Planning Commission Work Session, Wednesday, 5:30 p.m. 11/09 – Council Meeting, Monday, 7:00 p.m. 11/10 – Council Work Session, Tuesday, 6:15 p.m. 11/11 – HOLIDAY, Observance of Veterans Day, Wednesday 11/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Cynthia Bremer) 11/23 – Council Meeting, Monday, 7:00 p.m. 11/24 – Council Work Session, Tuesday, 6:00 p.m. 11/26 – HOLIDAY, Observance of Thanksgiving Day 11/27 – HOLIDAY, Observance of Thanksgiving Day MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 1 of 8 ROLL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members James Murphy, Cynthia Bremer, Lili McMillan, and Douglas Franchot. Representing Staff were City Attorney Soren Mattick, 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 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 3, 4, and 10 were added to the Consent Agenda. Item No. 2 was deleted from 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 AUGUST 24, 2009 McMillan requested the minutes be corrected to reflect that she was not in attendance. Bremer moved, McMillan seconded, to approve the minutes of the Orono City Council meeting of August 24, 2009, as amended. VOTE: Ayes 4, Nays 0, McMillan Abstained. LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE McDermott indicated the LMCD would have a final report on the milfoil harvesting by the next City Council meeting but noted that the amount of milfoil that was harvested this year was significantly higher than last year. The water level of Lake Minnetonka is now near normal following the recent rains. In November, the LMCD will be receiving a report from the Army Corps of Engineers on the results of the herbicide treatment this year. The LMCD has been conducting a boat density study to determine whether property owners are complying with the five boat limit at individual residences. The enforcement process is a three step process. The first year the property owner receives a warning, if the violation continues for a second year, a stronger warning is issued, and the third year the name of the property owners will be turned over to the prosecutor. McDermott reported there were a number of properties that were not in compliance. Murphy asked if a number of the boats were rented. McDermott stated in a majority of the cases, the boats are not registered to the property owners. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 1 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 2 of 8 (LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE, Continued) Murphy stated in his opinion the water level of Lake Minnetonka is still low in spots as the Minnehaha scraped bottom in front of Sunsets Restaurant this past Sunday. McDermott concurred the water levels could vary in different areas depending on wave action. PLANNING COMMISSION COMMENTS – RALPH KEMPF, REPRESENTATIVE Kempf noted he would be stepping down from the Planning Commission in the near future and that he has appreciated the opportunity to serve. Mayor White thanked Kempf for his fine service to the City. Bremer noted she served on the Planning Commission with Ralph and commended him for his outstanding work. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT *3. #09-3415 CITY OF ORONO – DUPLEX CODE AMENDMENT – ORDINANCE NO. 63, THIRD SERIES Bremer moved, McMillan seconded, to adopt ORDINANCE NO. 63, Third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending section 78-1277, Minimum Lot Area and Lot Width Standards for Duplex Uses in the Shoreland Overlay District. VOTE: Ayes 5, Nays 0. *4. #09-3420 CITY OF ORONO – WETLAND CREDIT CODE AMENDMENT – ORDINANCE NO. 64, THIRD SERIES Bremer moved, McMillan seconded, to adopt ORDINANCE NO. 64, Third Series, An Ordinance Amending Chapters 78 and 82 of the Orono Municipal Code by Amending Sections 78-1370 and 82-256 Regarding Wetland Credit for Back Lots. VOTE: Ayes 5, Nays 0. *5. #09-3421 JAMES AND JACQUELINE NEVE, 4060 DAHL ROAD – VARIANCE – RESOLUTION NO. 5861 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5861, a Resolution Granting Variances to Municipal Zoning Code Section 78-1405, for the Property Located at 4060 Dahl Road. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 2 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 3 of 8 6. #09-3427 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD – PUBLIC HEARING – VARIANCE RENEWAL – RESOLUTION NO. 5862 Alonzo and Renee Seran, Applicants, were present. Curtis noted this is a public hearing for this application. In June of 2008, the Serans received hardcover, side setback, number of stories and structural coverage variances in order to build a new attached garage to their existing home. The Serans are requesting a renewal of their expired variance in order to move forward with their plans as intended. Since the approval last June, the Serans have reviewed the language in the original approval resolution and have raised questions regarding the City’s request for an easement to protect a proposed drainage swale. At the Council’s direction, Staff and the Serans have discussed the easement language and the need for a drainage swale along the property line. Curtis noted that there is still some minor work to be done on the agreement, but that in her opinion an agreement will be reached shortly. Curtis recommended that the building permit not be issued until the agreement is finalized and signed. Mattick noted he has been in contact with the Serans’ attorney and that the only outstanding issue is the location of the swale. The City is requesting that the neighbor sign off on the agreement indicating that he is aware of the swale being located partially on his property. Mattick stated he did inform the neighbor that there will not be a pipe installed in the swale and that he is not aware whether any work will actually need to be done on the neighbor’s property. The City is requiring as part of the easement that a letter signed by the neighbor in favor of the easement be submitted. Curtis noted some work is required on the neighbor’s property. Mr. Seran indicated the work on the neighbor’s property is very slight. Mattick stated the variance would not be recorded until the City receives all of the required documents. Another solution would be to grant a 10-foot easement totally on Mr. Seran’s property. Mr. Seran stated the present swale works fine. Mattick noted he is not an engineer and that the City Engineer would be willing to look at whether a 5-foot swale located entirely on Mr. Seran’s property would be workable. Seran stated the swale would be 10-feet wide and that in his neighbor’s drainage plan, there was a swale depicted, which was never completed. Mattick reiterated he is not an engineer and that he has been told that they require a 10-foot easement. Kellogg stated there has been a change in the grading plan since the original approval and that the swale is depicted to be located on both properties rather than just on Mr. Seran’s property. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 3 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 4 of 8 (6. #09-3427 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD – PUBLIC HEARING, Continued) Seran asked whether he would be able to obtain his building permit even if the neighbor does not sign the agreement. Seran noted the neighbor did not adhere to his approved grading and drainage plan and that he does not understand why it is now their responsibility to convince the neighbor to sign the agreement. Mattick noted the Serans are the ones requesting the change from the approved plan by requesting a 5-foot easement rather than a 10-foot easement. Curtis stated the plan that was submitted by the Serans’ attorney depicts the swale located on both properties and that the original survey depicted the swale totally on the Serans’ property. Mr. Seran asked what he is required to do to obtain a building permit. Mattick stated if the Serans are able to construct a 5-foot swale located entirely on their property that is approved by the City Engineer, they are free to do that. The neighbor expressed a concern about a pipe going in the swale and he was assured that there would be no pipe and that the swale would be grass rather than gravel. Mattick noted the neighbor did not indicate he would sign the easement. Mayor White closed the public hearing at 7:23 p.m. Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5862, a Resolution Granting Variances to Municipal Zoning Code Sections 78-330, 78-1288 and 1404 and Revising Resolution No. 3537, subject to the easement being signed by the Serans and a letter in favor of the work being signed by the adjoining property owner. Mr. Seran asked whether any changes are required to the easement document. Mattick indicated there are not. VOTE: Ayes 4, Nays 1, Murphy Opposed. 7. JOHN BROOKS, 905 FERNDALE ROAD WEST – FENCE IN RIGHT-OF-WAY John Brooks, Applicant, was present, along with Bob Near, Architect. Curtis stated at the property located at 905 Ferndale Road West there is a 4-foot split rail fence located in the right-of-way along the property approximately four feet off of the paved surface of Ferndale Road. The property owners wish to replace the existing fence with an 8 feet high fence located 10 feet off of the paved surface of the road still in the right-of-way. The proposed fence would consist of steel fence posts located every 8 feet and 11 concrete/stone pillars located at strategic points along the fence. The existing wooden fence could be reconstructed in-kind in its current location under state statute. The property owner, however, would like to improve on the setback of the fence with the new fence and increase the height of the fence from 4 feet to 8 feet. Using a more permanent monument and fence post is inconsistent with an in-kind construction and poses considerably more liability than an all wooden structure. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 4 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 5 of 8 (7. JOHN BROOKS, 905 FERNDALE ROAD WEST – FENCE IN RIGHT-OF-WAY, Continued) MnDOT does not provide guidance on roadways with speeds under 40 miles per hour. Ferndale Road West is a 30 mile per hour roadway. An interpretation of MnDOT’s clear zone requirements could require the clear zone to be as much as 15 feet from the pavement depending on the amount of traffic, ditch slope, and road curvature. Public Works has indicated that a clear zone of 10 feet would be necessary for snow storage purposes but this does not address additional clear zone safety requirements. Normally the City would require an encroachment agreement to allow a structure in the right-of-way. Such an agreement would be appropriate in this situation if the Council approves a fence in the right-of- way. Other factors that the Council may wish to consider include the location of the fence near a wetland and lake views being impeded by travelers along Ferndale Road West. Murphy noted he did visit the site and that this situation is challenging given the topography. The new fence is attractive but that given the topography, a number of very mature trees would need to be removed, which is an issue. Another issue is the 8-foot height of the proposed fence and the different setback. Brooks indicated the design of the fence is preliminary and is too costly and too much for the site. Brooks stated he decided rather than redesign the fence, he would approach the Council to see what type of fence would be allowed and whether the setback could be changed. Brooks distributed pictures to the Council depicting different fences located on approximately 11 properties as well as his current fence. The Council reviewed the pictures. Murphy commented he would like to see the fence improved. Near indicated he did discuss with Planner Curtis what would be allowed on this property and that these are preliminary plans for the fence. Brooks stated he would like part of the plan to also include a gate or a way to provide security to the main driveway as well as the driveway to the boathouse. White recommended the gate be far enough back to allow for parking. Bremer commented she also would like to see the current fence improved and that she is in favor of the 10-foot setback suggested by the Public Works Department. Mattick stated there are two concerns Mr. Brooks should take into consideration, and one is the recovery area and potential damage if a vehicle goes off the road. The second concern is that if the fence is located in the right-of-way and work needs to be done within the right-of-way, Mr. Brooks would be required to move the fence at his own expense. McMillan asked whether having a monument located in the right-of-way would be precedent setting. Mattick indicated if the Council does allow 10 feet, it likely would become the standard. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 5 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 6 of 8 (7. JOHN BROOKS, 905 FERNDALE ROAD WEST – FENCE IN RIGHT-OF-WAY, Continued) White stated he would be comfortable with allowing a 6-foot fence but that he has a concern with allowing an 8-foot fence. Murphy asked what the main objective of the fence is. Brooks stated he would like to make the fence more attractive. Murphy recommended they attempt to retain as many of the trees as possible. McMillan suggested speaking with Public Works as well to see what they feel would work. Curtis noted the posts would be considered as hardcover. The City Council took no formal action on this item. MAYOR/COUNCIL REPORT McMillan noted the Long Lake Chamber Task Force met last week and that Jim Grube spoke to the group regarding the changes that he foresees coming to the area. The business owners would like to replace one of the signs on the east side with a sign that says Long Lake/Orono straight ahead. On the west end there is also still confusion about getting into Long Lake. MnDOT is going to look at the situation and Grube requested that the business owners document their concerns and submit that to him. McMillan noted she also met with Ron Steffenhagen on Friday at the Orono Golf Course and that they determined there are some areas that would not need to be mowed in the future. They also reviewed some possible projects that have been discussed in the past, such as looking at the possibility of obtaining a grant to plant some native landscaping around the pond area. The grant deadline is the end of October for the coming year. McMillan indicated she also talked with Stephanie Grand over the weekend and that they have 14 people participating in the Citizens Police Academy. Murphy stated with regards to the golf course, he would like to see something done with the shed and the pop machine. Murphy asked what the status is with the property next to Morrie’s. Kellogg indicated he did review Morrie’s drainage plan and some revisions have been made to the plan. The Western Steel site did drain onto the Morrie’s site in the past and that Morrie’s has taken some steps to improve that area. The drainage calculations submitted on the Western Steel site were acceptable and that the runoff should not increase with this project. Kellogg stated it was recommended that they discuss the project with their neighbor prior to installing the drain tile but apparently that discussion did not occur. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 6 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 7 of 8 CITY ENGINEER’S REPORT Kellogg noted the road projects are slightly behind schedule due to the rains but overall are proceeding at a good pace. The contractor has elected to do the projects in smaller sections to avoid having large areas tore up. McMillan commented the repair work on Fox Street looks nice. Murphy stated one of the residents on Casco Point has commented that the work has been going well and looks nice. CITY ADMINISTRATOR’S REPORT 8. ADOPT 2010 TAX LEVY AND BUDGET – RESOLUTION NOS. 5863 AND 5864 Olson reported the proposed 2010 General Fund expenditures have been decreased by 3.09 percent. The major factor attributed to the decrease is the plan to leave vacant positions unfilled. Olson noted the total tax levy required to fund the proposed 2010 budget is $4,665,880. This is an increase of $101,194 or 2.22 percent over the 2010 levy. Olson noted the Council would not be allowed to increase the levy once it is approved. Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5863, a Resolution Adopting the Proposed 2009 Tax Levy Collectible in 2010. VOTE: Ayes 5, Nays 0. Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5864, a Resolution to Adopt the Proposed 2010 General Fund Budget. VOTE: Ayes 5, Nays 0. 9. SET DATE FOR TRUTH-IN-TAXATION HEARING Olson noted the law was changed to require the meeting to be held as part of a regularly scheduled City Council meeting. McMillan moved, Franchot seconded to set the Truth-in-Taxation Hearing for 6:30 p.m., Monday, December 14, 2009. VOTE: Ayes 5, Nays 0. *10. RELEASE OF TAX FORFEIT PARCEL (PID 17-117-23 43 0072) FOR SALE TO ADJACENT OWNER – RESOLUTION NO. Bremer moved, McMillan seconded, to adopt RESOLUTION NO. , a Resolution to Release Tax Forfeited Land for Sale to Adjacent Owners. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Attorney Mattick had nothing to report. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 7 of 8] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 8 of 8 *11. LICENSES & PERMITS None *12. BILLS Bremer moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, McMillan seconded, to adjourn the Orono City Council meeting at 8:12 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _________________________________ ______________________________________ Linda S. Vee, City Clerk James M. White, Mayor Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 8 of 8] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 1 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 2 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 3 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 4 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 5 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 6 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 7 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 8 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 9 of 10] Item #03 - CC Agenda - 09/28/09 Request for Payment No. 5, Casco Point Reconstruction Project [Page 10 of 10] Item #04 - CC Agenda - 09/28/09 Disposal of Police Department Squad Car [Page 1 of 1] Item #05 - CC Agenda - 09/28/09 Licenses & Permits [Page 1 of 1] Item #06 - CC Agenda - 09/28/09 Bills [Page 1 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 2 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 3 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 4 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 5 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 6 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 7 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 8 of 9] Item #06 - CC Agenda - 09/28/09 Bills [Page 9 of 9]