HomeMy WebLinkAbout08-25-2008 Council Packet Agenda for Council Meeting Set for Monday, August 25, 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 August 11, 2008
Planning Commission Comments – Kim Kang, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
* 3. #08-3376 City of Orono, Corner of Casco Point Road and Frederick Street – Conditional Use
Permit – Resolution
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
4. Amend Orono City Code Concerning Parades and Special Events – Ordinance
5. Approval of City Administrator Agreement
6. Request for Payment No. 1, 2008 Overlay Project
7. Request for Payment No. 1, 2008 Seal Coat Project
8. Casco Point Project – Accept Soils Investigation Quote
City Attorney's Report
9. Licenses & Permits
Annual Trap Shooting
* 10. Bills
Agenda for Council Meeting Set for Monday, August 25, 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
08/25 – 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.
09/24 – Casco Point Reconstruction Neighborhood Meeting, Freshwater Center, Wednesday, 7:00 p.m.
10/01 – Planning Commission Work Session, Wednesday, 5:30 p.m.
10/13 – Council Meeting, Monday, 7:00 p.m.
10/14 – Council Work Session, Tuesday, 6:15 p.m.
10/20 – Planning Commission Meeting, Monday, 6:15 p.m. (Council Liaison – Jim Murphy)
10/27 – Council Meeting, Monday, 7:00 p.m.
10/28 – Council Work Session, Tuesday, 6:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 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 David Rahn. 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.
Council Member Cynthia Bremer was absent.
Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 4 through 9 were added to the Consent Agenda.
McMillan moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF JULY 28, 2008
McMillan moved, Rahn seconded, to approve the minutes of the July 28, 2008, Orono City Council
meeting as submitted. VOTE: Ayes 4, Nays 0.
LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE
McDermott reported to the City Council that the milfoil harvesting is coming to a close, noting that the
amount of milfoil harvested this year was down from prior years partially due to the late spring and the
cooler weather.
McDermott stated the movie event sponsored by the LMCD went without event and was fairly successful.
McDermott stated the chemical treatment has been completed on three bays and the results are currently
being monitored. The LMCD will go on their annual tour this week and will be touring the north end of
the lake this Wednesday and the south end of the lake two weeks from now. The LMCD will be
relocating its offices from Deephaven to Excelsior in the near future.
The LMCD will also be revisiting their priorities for next year, with the budget being reduced to
approximately a three percent increase. McDermott noted a number of residents had requested that the
LMCD budget be reduced.
McMillan asked what results have come of the code enforcement.
McDermott stated the most frequent violation was the number of boats being stored on a piece of property
and that typically the LMCD would send a letter asking that the boats be removed, followed by a second
PAGE 1
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 1 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(LMCD REPORT, Continued)
letter if there was no response. If the LMCD does not receive any response from either letter, the matter
would then be referred to LMCD’s attorney.
Rahn asked whether the LMCD would take a complaint from a person regardless if they are adjoining the
property that the complaint is concerning.
McDermott stated the LMCD will address all complaints to see whether there is any basis to the
complaint or not.
Rahn commented he has had a couple of residents state that the LMCD will not take the complaint unless
they reside next to the property they are complaining about.
McDermott stated to his knowledge the LMCD investigates all complaints.
White asked whether there is anything the LMCD would like the City to address.
McDermott stated following the LMCD review of their priorities, there may be an item that the LMCD
will want the City of Orono to look at, but that at this time there is nothing.
McMillan asked whether the milfoil program will be re-evaluated.
McDermott stated it would be. McDermott indicated there is not a lot of other technology available at the
present time to deal with milfoil other than chemicals. At the current time the LMCD does not have any
plans to purchase any new equipment.
White noted a local newspaper article had mentioned that there was some re-application of the chemicals
but that he did not notice any new posting.
Runkle stated the reapplication of the chemicals was on Gray’s Bay.
Murphy stated he did speak with a couple of residents about the value of the movie night sponsored by
the LMCD and noted that there was a good amount of effort taken to minimize the noise impact. Murphy
asked whether this is the type of activity that the LMCD would want to promote in the future, particularly
since it does not appear to be lake oriented.
McDermott stated the LMCD approved the movie event pretty much unanimously and that this could
potentially lead to other activities that may not be as desirous for the lake. McDermott commented that
any other events planned for the future would have to be discussed carefully.
PLANNING COMMISSION COMMENTS – RALPH KEMPF, REPRESENTATIVE
Kempf stated he had nothing to report but would be available for comments.
PAGE 2
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 2 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
PUBLIC COMMENTS
Charles Reid, 1400 Baldur Park Road, addressed the City Council regarding the lot next door to his
property. Reid stated he has experienced some difficulty with getting some straight answers from the
City regarding the property and the exact location of the residence. Reid stated the staking of the house is
approximately two feet different than what it should be. The building inspector has reviewed the property
and indicated that it looked like it was within the normal setback. Reid indicated it was his understanding
the house was going to be relocated further back, which is not being done.
Reid stated apparently the City does not have a clear answer on the location of the house and that he will
be reviewing the minutes to see exactly what was discussed and agreed upon. Reid requested that some
type of meeting be held to discuss this issue.
White asked who Mr. Reid has spoken with on Staff.
Reid indicated he spoke with Planner Turner and the building inspector.
Turner stated the plans were approved in February and that it appears the front of the house is located 12
inches in front of Mr. Reid’s house.
Reid stated once the screw point was put in and you could see where the foundation was going to be set, it
was forward of the house.
Turner stated she did speak with the building inspector and that to her understanding the location of the
house is where it is supposed to be.
Reid stated the building inspector told him he would call him back but that he did not receive a response,
so he came tonight to express his concerns.
White requested the City Administrator look into this situation tomorrow.
Murphy stated the average lakeshore setback is a very important issue to the City and requested that Staff
take the necessary steps to ensure that the house is being constructed in the correct location.
ZONING ADMINISTRATOR’S REPORT
3. #08-3372 CITY OF ORONO CODE AMENDMENT – REVISION OF CHAPTER 86,
REVISE BUILDING PERMIT SURVEY REQUIREMENTS
Turner noted this code amendment has been reviewed twice previously by the Council and that the
additional changes requested by the Council have been incorporated into the amendment. Staff has added
language stating that the building official can exempt a project from a foundation survey and an as-built
survey if it is found to be unnecessary and also added language clarifying that the surveys need to be
completed by a licensed land surveyor, with a letter prepared by a registered land surveyor being
acceptable in lieu of an actual foundation survey.
PAGE 3
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 3 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(3. #08-3372 CITY OF ORONO CODE AMENDMENT, Continued)
Rahn stated he would like to see the ordinances that are drafted by the City be kept simple and easy to
understand. As it relates to the language contained in Item (a), Rahn recommended that language be
incorporated into the ordinance requiring a survey with expansion of the footprint rather than requiring
surveys with every construction permit obtained. Rahn stated in his view, under the current language in
the ordinance, the average resident will conclude that three surveys are required, which isn’t necessarily
the case, particularly in applications for reroofing or siding.
Rahn recommended the language be changed to read: The application for a construction permit that
increases the structural coverage and/or footprint on the property will require the following.
Turner noted a survey would need to be required if there is a second story added to ensure that they are
complying with the setbacks.
Rahn stated in his opinion less than 30 percent of the applications would require all three surveys and
suggested that language relating to expansion of the footprint be incorporated into the ordinance. Rahn
suggested sitting down with the building official to discuss this.
Mattick asked whether the issue is with impervious surface and whether adding a cantilever would
increase the footprint.
Rahn stated anything that increases the size of the structure could trigger the requirement for the three
surveys.
Mattick asked whether language that states all construction permits that increase impervious surface
should be added.
Turner stated that would not work on construction that goes up rather than out.
Gaffron stated the general construction permits for roofing and mechanical are easy exemptions but that
the situation becomes more complicated when a homeowner wishes to add a deck, replace a deck, or
other type of structure or hardcover. Gaffron recommended Staff look at revising the language to deal
with those types of situations.
Rahn stated to have language that is all-inclusive is not necessary and that a lot of this will then be left up
to the discretion of the building inspector. Rahn stated anything that expands the three-dimensional size
of the building could trigger it.
Turner stated Staff could specify an example of something that would not require the three surveys, such
as reroofing or siding. As it relates to accessory structures, there has been a policy that in some situations
new surveys are not required if there is an adequate survey available.
Turner suggested Staff revise the language and then have Council Member Rahn review it prior to
bringing it back before the Council.
Murphy concurred that the ordinance be kept simple and specify exactly what type of applications will
require the surveys.
PAGE 4
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 4 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(3. #08-3372 CITY OF ORONO CODE AMENDMENT, Continued)
Rahn moved, McMillan seconded, to table Application #08-3372, City of Orono Code Amendment –
Revision of Chapter 86, Review Building Permit Survey Requirements. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Murphy reported there has been another peer review from Mn/DOT on the roundabout and that he is
unsure what the outcome will be. Murphy stated he would like to know how many other roundabouts
have been constructed by Mn/DOT previously and the type of scrutiny those projects underwent. Murphy
commented that he does not foresee Mn/DOT changing their plans at this point.
McMillan commented the Dakota Trail has been getting a lot of use even though it will not officially open
until September. McMillan noted the signage has not yet been erected at the intersections and
recommended that some articles be included in the local newspapers concerning the rules of the road and
the fact that the trail is now being used. McMillan noted that users of the trail need to stop prior to
entering the intersections. McMillan recommended the vegetation along County Road 15 be cleared to
increase visibility.
Murphy stated the trail in the area of the Wayzata School has the potential to create a safety hazard when
you have bikers coming from the east and west and there is only a curb between the street and the trail.
Murphy asked if there is going to be a fence or a railing of some type that is to be erected in that area.
McMillan stated to her understanding the road in that area will be relocated.
McMillan noted the Minnehaha Creek Watershed District will be meeting tomorrow and that Mike
Gaffron will be attending the meeting on bluff restoration and stabilization. McMillan requested Gaffron
update the Council on what the Watershed District will be doing relating to bluff restoration.
White stated he also spoke with Beau Carlson about the sightlines along County Road 15. White
commented the Dakota Trail will likely become one of the greatest assets of the City.
McMillan stated a good component of the trail is the fact that it connects to a number of cities.
CITY ENGINEER’S REPORT
Kellogg noted one of the items approved tonight was replacement of the water pipe on the south side of
Highway 12 near the Ryan project site. Ryan Companies was contacted for an estimate on what it would
cost to do the work and that their bid came in at over $100,000. The City was able to obtain another
quotation for approximately half of that. Kellogg indicated there has been contamination found on the
site but that the environmental documentation supplied so far indicates that the City would need to follow
the proper procedures if contamination is discovered but that they presently do not show any
contamination at known intersections with this pipeline.
Kiedrowski stated this morning he was informed that Orono Public Works has found some contamination
and that they may need to bring in some soil and compact the soil.
PAGE 5
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 5 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
(CITY ENGINEER’S REPORT, Continued)
Kellogg stated he is unsure what type of excavation the Ryan Companies has been doing. Kellogg noted
the same contractor will also be doing the work on the other project awarded this evening.
White asked what the type of contamination is.
Kellogg stated to his understanding it is petroleum based.
Turner stated to her understanding the soil contamination found by the Ryan Companies was worse than
they originally thought but that they have completed the work. The parking lot has been lowered two feet
to provide handicap access to the building, which has resulted in substantially greater excavation work.
CITY ADMINISTRATOR’S REPORT
*4. APPOINT ELECTION JUDGES – RESOLUTION NO. 5673
McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5673, a Resolution Appointing
Election Judges for the Primary Election to be Held September 9, 2008. VOTE: Ayes 4, Nays 0.
*5. APPROVAL TO PURCHASE OFFICE FURNITURE FOR POLICE DEPARTMENT
McMillan moved, Rahn seconded, to approve the purchases of office furniture (2 work stations)
from S&T Office Products, Inc., for $7,328.12 (State Contract). Price includes installation and tax.
VOTE: Ayes 4, Nays 0.
McMillan moved, Rahn seconded, to approve the existing furniture to be taken to K-Bid in Maple
Plain for public auction. VOTE: Ayes 4, Nays 0.
*6. ACCEPT QUOTATIONS FOR WATER MAIN REPLACEMENT AT CRYSTAL BAY
BUSINESS CENTER
McMillan moved, Rahn seconded, to accept the quotation in the amount of $52,305.25 from
Burschville Construction, Inc., of Hanover, Minnesota, and to amend the 2008 Water Capital
Outlay Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0.
*7. ACCEPT QUOTATIONS FOR TH 12 SEWER AND WATER SERVICE CONNECTIONS
McMillan moved, Rahn seconded, to accept the quotation in the amount of $67,408.51 from
Burschville Construction, Inc., of Hanover, Minnesota, and to amend the 2008 Sewer and Water
Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0.
PAGE 6
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 6 of 7]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 11, 2008
7:00 o’clock p.m.
_____________________________________________________________________________________
CITY ATTORNEY’S REPORT
Murphy asked whether there is any news on the state aid issue for Orono’s local streets.
Kiedrowski stated they are finalizing a letter that the mayor will send to the Screening Board and that they
have been informed the Screening Board is amenable to the City removing the private roads and will not
be assessing a back penalty.
Kellogg stated it is his understanding that the City’s two contacts at the state will also be supporting the
position of no penalty but noted that it would be the Screening Board’s decision. Kellogg indicated he is
hoping to have this issue resolved by October 1st so it does not go back before the screening board this
fall.
Kiedrowski stated Staff hopes to have a draft of the letter completed by Wednesday for review at the
Council workshop.
*8. LICENSES & PERMITS
SPECIAL EVENT
1. Applicant: Mark Williams/Mark D. Williams Custom Homes
Event: 2008 Fall Remodeler’s Showcase
Location: 108 Chevy Chase Drive
Date: October 10–12, 2008
Time: Friday, 1:00 p.m. – 7:00 p.m.; Saturday & Sunday, Noon-6:00 p.m.
2. Applicant: Mark Williams/Mark D. Williams Custom Homes
Event: 2008 Fall Remodeler’s Showcase
Location: 2248 Shadywood Road
Date: October 10-12, 2008
Time: Friday, 1:00 p.m. – 7:00 p.m.; Saturday & Sunday, Noon-6:00 p.m.
McMillan moved, Rahn seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0.
*9. BILLS
McMillan moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
ADJOURNMENT
McMillan moved, Rahn seconded, to adjourn the Orono City Council meeting at 7:53 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST:
______________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
PAGE 7
Item #02 - CC Agenda - 08/25/08
Approval of Council Minutes 08/11/08 [Page 7 of 7]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #03 - CC Agenda - 08/25/08
File #08-3376 [Total Pages 13]
Item #04 - CC Agenda - 08/25/08
Amend City Code Concerning Parades & Special Events [Page 1 of 3]
Item #04 - CC Agenda - 08/25/08
Amend City Code Concerning Parades & Special Events [Page 2 of 3]
Item #04 - CC Agenda - 08/25/08
Amend City Code Concerning Parades & Special Events [Page 3 of 3]
Item #05 - CC Agenda - 08/25/08
Approval of City Administrator Agreement [Page 1 of 1]
Item #06 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Overlay Project [Page 1 of 4]
Item #06 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Overlay Project [Page 2 of 4]
Item #06 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Overlay Project [Page 3 of 4]
Item #06 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Overlay Project [Page 4 of 4]
Item #07 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Seal Coat Project [Page 1 of 4]
Item #07 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Seal Coat Project [Page 2 of 4]
Item #07 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Seal Coat Project [Page 3 of 4]
Item #07 - CC Agenda - 08/25/08
Request for Payment No 1, 2008 Seal Coat Project [Page 4 of 4]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 1 of 7]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 2 of 7]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 3 of 7]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 4 of 7]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 5 of 7]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 6 of 7]
Item #08 - CC Agenda - 08/25/08
Casco Point Project - Accept Soils Investigation Quote [Page 7 of 7]
Item #09 - CC Agenda - 08/25/08
Licenses & Permits [Page 1 of 3]
Item #09 - CC Agenda - 08/25/08
Licenses & Permits [Page 2 of 3]
Item #09 - CC Agenda - 08/25/08
Licenses & Permits [Page 3 of 3]
Item #10 - CC Agenda - 08/25/08
Bills [Page 1 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 2 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 3 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 4 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 5 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 6 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 7 of 8]
Item #10 - CC Agenda - 08/25/08
Bills [Page 8 of 8]