HomeMy WebLinkAbout08-11-2008 Council Packet Agenda for Council Meeting Set for Monday, August 11, 2008, 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 July 28, 2008
LMCD Report – Andrew McDermott, Representative
Planning Commission Comments – Ralph Kempf, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
3. #08-3372 City of Orono Code Amendment – Revision of Chapter 86, Revise Building Permit
Survey Requirements – Ordinance
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
4. Appoint Election Judges – Resolution
5. Approval to Purchase Office Furniture for Police Department
6. Accept Quotations for Water Main Replacement at Crystal Bay Business Center
7. Accept Quotations for TH 12 Sewer and Water Service Connections
City Attorney's Report
8. Licenses & Permits
Special Event
9. Bills
Agenda for Council Meeting Set for Monday, August 11, 2008, 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
2008
08/08 – Absentee Voting for Primary Election Begins, Friday
08/11 – Council Meeting, Monday, 7:00 p.m.
08/12 – Environmental Summer Series-Class #4, Tuesday, 6:30 p.m. at Gray Freshwater Center
08/13 – Council Work Session, Wednesday, 6:15 p.m.
08/18 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Mayor White)
08/25 – Council Meeting, Monday, 7:00 p.m.
08/26 – Council Work Session, Tuesday, 6:15 p.m.
08/26 – Candidate Filing Opens for November 4 General Election, Tuesday
09/01 – HOLIDAY, Labor Day
09/02 – Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m.
09/03 – Planning Commission Work Session, Wednesday, 5:30 p.m.
09/06 – City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m.
09/08 – City Offices Open for Absentee Voting until 5:00 p.m.
09/08 – Council Meeting, Monday, 7:00 p.m.
09/09 – Primary Election, Tuesday, 7:00 a.m. - 8:00 p.m.
09/09 – Candidate Filing Closes for November 4 General Election, Tuesday, 5:00 p.m.
09/10 – Council Work Session, Wednesday, 6:15 p.m.
09/11 – Last Day for Candidate to File Withdrawal for November 4 General Election, Thursday, 5:00 p.m.
09/15 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Dave Rahn)
09/22 – Council Meeting, Monday, 7:00 p.m.
09/23 – Council Work Session, Tuesday, 6:15 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
ROLL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members James Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff
were Interim City Administrator Jay Kiedrowski, Assistant City Administrator for Long-Term Strategy
Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:06 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item No. 7 was added to the Consent Agenda.
Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF JULY 14, 2008
Murphy moved, McMillan seconded, to approve the minutes of the July 14, 2008, Orono City
Council meeting as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS – DICK KROEGER, REPRESENTATIVE
Kroeger stated he had nothing to report but would be available for comments.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
3. #08-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B-1 ZONING
DISTRICT – ZONING CODE AMENDMENT – ORDINANCE NO. 47, THIRD SERIES
Barry Tanner, Applicant, was present.
Turner stated Staff has revised the ordinance that was brought before the Council for their review two
weeks ago. The City Attorney’s Office has drafted a more final version of the Ordinance and they have
also included a definition of amusement machines. Some of the language in the ordinance will create a
conflict with the licensing provisions, and Staff will, in the near future, bring back changes to the
licensing regulations to make the rules consistent.
Turner noted the applicant has agreed to an extension to August 1st.
PAGE 1 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 1 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(3. #08-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B-1 ZONING
DISTRICT, Continued)
Murphy expressed some concerns regarding the creation of a commercial recreation ordinance and its
impact to the city. Murphy noted this process was started by the application of Mr. Tanner to open a
bowling center. Murphy commented the language in the ordinance is very broad and it may be unclear
exactly what will be allowed and what will not be allowed.
Murphy asked if the zoning code amendment would also be approved if the Council votes to adopt the
ordinance.
White and Gaffron stated it would be.
Gaffron noted the applicant would still need to go through the conditional use process that would deal
specifically with his site.
Murphy stated he would like the record to be clear that by passing this ordinance, it does not approve Mr.
Tanner’s particular application concerning the bowling alley. Murphy asked whether Mr. Tanner would
be operating the bowling alley personally.
Tanner indicated that while he would be involved in the management of the business he would not be
there on a day-to-day basis and would rely on his employees in the operation of the facility.
Murphy asked what Mr. Tanner normally does.
Tanner stated he is in the real estate business and is leasing the space necessary to operate the bowling
alley.
Bremer commented that in her opinion the ordinance is well drafted and includes the changes that she
thought were necessary. Bremer asked whether the applicant is clear that he still has to go through the
conditional use permit process.
Tanner indicated he is aware of that requirement.
McMillan stated her initial concern was the impact on the parking and the noise that might be generated
from patrons coming and going from the facility. McMillan noted the B-1 zoning districts are small and
that the conditional use permit process will allow the City to place additional restrictions on the bowling
center and that the City could benefit from these types of recreational opportunities.
White stated as it relates to the ordinance, he shares some of Council Member Murphy’s concerns, but
that the protections built into the ordinance appear adequate. White noted the City does not have large
sites available for commercial recreation, which will help control the types of commercial recreation that
would be able to operate in the City.
Bremer moved, McMillan seconded, to adopt ORDINANCE NO. 47, Third Series, an Ordinance
Amending the Orono City Code to Provide for Commercial Recreation Uses in the B-1 Zoning
District. VOTE: Ayes 3, Nays 1, Murphy Opposed.
PAGE 2 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 2 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
*4. #08-3371 JOEL A. GERBER AND P. CHRIS GERBER, 1295 BRIAR STREET –
VARIANCE – RESOLUTION NO. 5762
Murphy moved, McMillan seconded to adopt RESOLUTION NO. 5762, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-420, 1295 Briar Street. VOTE: Ayes 4, Nays 0.
5. #08-3372 CITY OF ORONO CODE AMENDMENT – REVISION OF CHAPTER 86,
REVISE BUILDING PERMIT SURVEY REQUIREMENTS
Turner stated the Ordinance attached to the staff report is an amendment to City Code Section 86-68
relating to building permit application information, specifically relating to surveys. The Council tabled
this item at the July 14th meeting in order to revise the language to allow for exemptions by the
Building Official.
Turner noted the ordinance amendment requires an initial survey, a foundation survey, and an as-built
survey.
Staff recommends approval of the code amendment.
Murphy noted Exhibit A, which is the actual ordinance, contains the words unless exempted from the
building official. Murphy stated he still has some confusion regarding the ordinance, noting that the
language under (b) (1) requires that the survey be prepared by a Minnesota Registered Land Surveyor
unless the building official determines the construction project is exempt from this section, but that items
(2) and (3) do not contain that same language. Murphy asked who would be allowed to perform the
surveys under items (2) and (3).
Turner indicated it is her understanding of state statute that only a registered land surveyor is able to
prepare a survey.
Murphy stated he has received some comments from the residents that they are already being required to
submit a number of surveys, the costs related to having those surveys completed, and that he is uncertain
whether the language in the ordinance is clear enough.
McMillan noted that a foundation survey may not always be required.
Gaffron stated it was the understanding of Staff that the surveyor would complete all three surveys.
Murphy asked what the anticipated increased cost would be to an applicant.
Gaffron stated step two is probably under $500 and step three may be another $500 to $1000.
McMillan stated as a percent of the whole project, this cost is rather small, and that there may be some
projects where the foundation survey is waived. McMillan stated this would help resolve issues with
grading and elevations.
Murphy stated he would like to make the ordinance absolutely clear to every applicant about what is
being required. Murphy recommended that the language in items (2) and (3) also include similar
language about the survey being completed by a registered land surveyor.
PAGE 3 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 3 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(5. #08-3372 CITY OF ORONO CODE AMENDMENT – REVISION OF CHAPTER 86,
REVISE BUILDING PERMIT SURVEY REQUIREMENTS, Continued)
Bremer indicated she would like to hear Council Member Rahn’s comments on this ordinance, and that an
alternative that was suggested at the last meeting was that there could be a letter from a registered land
surveyor that could be substituted for a foundation survey.
Kellogg stated it was his understanding the letter would pertain to the foundation survey and that an
actual drawing would be required for the initial survey and the as-built survey.
Bremer stated she also has a concern on the small applications that the costs for the required surveys
would quickly add up and that they would have to rely on the building inspector to exempt that. Bremer
noted Rahn had recommended language be added stating that the surveys would only be required where it
would expand the footprint of an existing structure or increase structural coverage.
White noted the building envelope is being expanded when a deck is added.
Bremer stated at the very least she would like the caveat that would allow the building inspector to
exempt item (3).
Murphy indicated he has a concern if the language, exempted by the building official, as well as the
language relating to the letter, will create problems.
Kellogg stated in order for the surveyor to provide the letter stating the foundation elevation, they will
need to go out there and verify it and that it may not alleviate most of the costs.
Turner stated in her experience the surveyor would prefer to update the survey rather than write a letter.
White requested Staff make the suggested changes and bring the ordinance back to the City Council at its
next meeting.
Murphy moved, Bremer seconded, to table Application No. #08-3372, City of Orono Code
Amendment – Revision of Chapter 86, Revise Building Permit Survey Requirements. VOTE:
Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
White stated he likes the comment card that has been created for input on Staff’s interaction with the
residents.
White stated he did participate in the Mound parade and that there was a very nice turnout for the event.
Murphy stated he did speak with the mayor of Long Lake last night and asked him what the plan was for
Corn Days. Murphy noted he indicated to the Long Lake mayor that it would be nice if the Orono City
Council were able to participate in the parade.
Bremer noted National Night Out is coming up and asked whether Staff is aware of which neighborhoods
have applied to participate.
PAGE 4 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 4 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(MAYOR/COUNCIL REPORT, Continued)
Turner indicated she is not aware at this time who has signed up.
Bremer noted the second meeting at Casco Point was held and they received good feedback from the
neighbors.
Kellogg noted he did receive a number of e-mails and phone calls after the meeting from residents who
were unable to attend the meeting. Kellogg stated in his opinion the project is going well.
Bremer commented she attended the last Planning Commission meeting and that the sound system sounds
very good in the back.
White commented it is nice to have a map of Orono up in Council Chambers.
Kellogg suggested the map of Orono be put into electronic format so it could be shown on the screen.
McMillan stated she was on Big Island last week and that the water of Lake Minnetonka appeared very
clear this year, particularly for the middle of summer.
Bremer commented she visited the Minnesota Arboretum over the weekend and encouraged the Council
to visit the facility. Bremer noted periodically the Arboretum will have a display on the impact of
hardcover, which is very informative.
Murphy suggested the City Council also tour the Stone Bay development.
CITY ENGINEER’S REPORT
Kellogg had nothing to report.
CITY ADMINISTRATOR’S REPORT
6. PEDDLER LICENSE AND EXTENSION REQUEST
Murphy noted Mr. Mansour is not present.
McMillan noted Mr. Mansour has been selling ice cream for ten days and that he would like an extension.
Gaffron stated to his understanding it was not Mr. Mansour’s original intent to go through Orono but that
he inadvertently did.
White commented he does not envision that very much business along the Highway 12 corridor will be
generated given the low density in that area.
Murphy asked whether Staff has spoken with Long Lake regarding Mr. Mansour.
PAGE 5 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 5 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(6. PEDDLER LICENSE AND EXTENSION REQUEST, Continued)
Gaffron stated according to Long Lake staff, they do not consider him a peddler and do not license his
operation, but that he, along with Orono’s city clerk, view this as requiring a peddler’s license.
Murphy stated he personally does not have a problem with the time period of July through September, but
questions whether Mr. Mansour’s equipment is appropriate as it relates to the safety of the children who
would be approaching the vehicle.
Kiedrowski noted Staff has done the appropriate background checks and recommended that the City
Council approve the application.
Murphy moved, White seconded, to approve the peddler license for Mohd Mansour for the initial
period of 10 days, and to grant an extension for an additional 50 days, for ice cream truck sales in
the City of Orono. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY’S RPORT
None
7. LICENSES & PERMITS
SPECIAL EVENT
1. Applicant: Christiana Finnern/Winthrop & Weinstine, PA
Event: End of summer party with music
Location: 2630 Countryside Drive West
Date: Saturday, August 2, 2008
Time: 6:00 p.m. – 10:00 p.m., with music from 8:00 p.m. – 10:00 p.m.
2. Applicant: James Gulbranson, Long Lake Area Chamber of Commerce
Event: 2008 Corn Days Parade
Location: Parking for parade units in Hackberry Park area.
Date: Sunday, August 10, 2008
Time: 10:00 a.m. – noon
KENNEL LICENSES
3. Richard Kroeger
65 Stubbs Bay Road North
4. Patty Morris
2697 Kelly Avenue
Murphy moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0.
PAGE 6 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 6 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
*BILLS
Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes
4, Nays 0.
ADJOURNMENT
Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting at 7:55 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
PAGE 7 of 7
Item #02 - CC Agenda - 08/11/08
Approval of Council Minutes 07/28/08 [Page 7 of 7]
Item #03 - CC Agenda - 08/11/08
File #08-3372 [Total Pages 6]
Item #03 - CC Agenda - 08/11/08
File #08-3372 [Total Pages 6]
Item #03 - CC Agenda - 08/11/08
File #08-3372 [Total Pages 6]
Item #03 - CC Agenda - 08/11/08
File #08-3372 [Total Pages 6]
Item #03 - CC Agenda - 08/11/08
File #08-3372 [Total Pages 6]
Item #03 - CC Agenda - 08/11/08
File #08-3372 [Total Pages 6]
Item #04 - CC Agenda - 08/11/08
Appoint Election Judges [Page 1 of 3]
Item #04 - CC Agenda - 08/11/08
Appoint Election Judges [Page 2 of 3]
Item #04 - CC Agenda - 08/11/08
Appoint Election Judges [Page 3 of 3]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 1 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 2 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 3 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 4 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 5 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 6 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 7 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 8 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 9 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 10 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 11 of 12]
Item #05 - CC Agenda - 08/11/08
Approval to Purchase Office Furniture, Police [Page 12 of 12]
Item #06 - CC Agenda - 08/11/08
Quotes for Water Main Replacement by Crystal Bay Center [Page 1 of 5]
Item #06 - CC Agenda - 08/11/08
Quotes for Water Main Replacement by Crystal Bay Center [Page 2 of 5]
Item #06 - CC Agenda - 08/11/08
Quotes for Water Main Replacement by Crystal Bay Center [Page 3 of 5]
Item #06 - CC Agenda - 08/11/08
Quotes for Water Main Replacement by Crystal Bay Center [Page 4 of 5]
Item #06 - CC Agenda - 08/11/08
Quotes for Water Main Replacement by Crystal Bay Center [Page 5 of 5]
Item #07 - CC Agenda - 08/11/08
Quotations of TH12 Sewer & H20 Connections [Page 1 of 4]
Item #07 - CC Agenda - 08/11/08
Quotations of TH12 Sewer & H20 Connections [Page 2 of 4]
Item #07 - CC Agenda - 08/11/08
Quotations of TH12 Sewer & H20 Connections [Page 3 of 4]
Item #07 - CC Agenda - 08/11/08
Quotations of TH12 Sewer & H20 Connections [Page 4 of 4]
Item #08 - CC Agenda - 08/11/08
Licenses & Permits [Page 1 of 4]
Item #08 - CC Agenda - 08/11/08
Licenses & Permits [Page 2 of 4]
Item #08 - CC Agenda - 08/11/08
Licenses & Permits [Page 3 of 4]
Item #08 - CC Agenda - 08/11/08
Licenses & Permits [Page 4 of 4]
Item #09 - CC Agenda - 08/11/08
Bills [Page 1 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 2 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 3 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 4 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 5 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 6 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 7 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 8 of 9]
Item #09 - CC Agenda - 08/11/08
Bills [Page 9 of 9]