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HomeMy WebLinkAbout11-26-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Acting Mayor Edward Callahan, and Councilmembers Diann Goetten and Barbara Paterson. Mayor Grabek and Councilmember Nettles were absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant- Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* Peterson requested the removal of items #18 and #21 from the Consent Agenda. It was moved by Goetten, seconded by Peterson, to approve the Consent Agenda, with the exception of items #18 and #21, which were removed and discussed in the order appearing on the Agenda. Motion, Ayes -3, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Goetten, seconded by Peterson, to approve the Minutes of the Regular Council Meeting held November 13, 1990. Motion, Ayes -3, Nays -0, Motion passed. PLANNING COMMISSION COMMENTS: None. • PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: #1334 REBERS CONSTRUCTION, 2008 SUGARWOODS DRIVE REQUEST TO ENCROACH FRONT /STREET SETBACK AREA Mr. Sid Rebers and Mr. Stephen Pflaum were present. Bernhardson provided a brief review of this request to locate a driveway within a front /street setback area. He stated that the Planning Commission had recommended approval, contingent on screening being provided between the back -up apron and the street. Acting Mayor Callahan asked Mr. Pflaum if there were any objections to the Planning Commission recommendation. Mr. Pflaum replied, "We agree with the recommendation. However, it will probably be necessary to wait until spring to provide the :screening. There are existing trees, which may prohibit sunlight from reaching any screening that is planted. If we wait until the leaves come back in the spring, we can better determine where vegetation may grow, if at all." Goetten asked if Staff would make the determination as to 0 - 1 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ZONING FILE #1334 - REBERS CONSTRUCTION CONTINUED • whether or not screening will be possible. Mabusth stated that Staff would work with the applicant and bring the matter back for Council review if a problem should arise. It was moved by Goetten, seconded by Acting Mayor Callahan, to approve the encroachment of a turn - around resulting in 383 s.f. of hardcover within the front street setback area where no encroachment, except for a driveway 20' in width, is allowed. Approval is based on the hardships and findings as presented by Staff. Motion., Ayes -3, Nays -0. Motion passed. Mabusth reviewed the directives provided by the Planning Commission regarding the method for reviewing these requests in the future. Mr. Pflaum elaborated on the procedure. He said, "Th,-:� builders would work with Staff to assure that the house design not only meets the criteria of the PRD, but also the requirements for the driveway. If it should be determined that the driveway will not come straight into the property, or will exceed 20' in width in the front /street setback area, the permit process would be delayed until the Planning Commission reviewed it. Also, the Planning Commission is totally amenable to an abbreviated review procedure in which Council review would not be necessary. I • believe that issue is separate and will come before the Council in another meeting." Mabusth stated that the review procedure would be presented to Council at theif December 10, 1990 Council meeting. #1497 TOBERMAN PROPERTY, 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT DENIAL RESOLUTION Mr. James Gilbert, Mr. Toberman's Attorney, requested that this matter be tabled at least until January. It was moved by Goetten, seconded by Peterson, to table this application until the February 11, 1991 Council meeting. Motion, Ayes -3, Nays -0. Motion passed. #1532 FULLERTON PROPERTIES, INC. APPROVAL OF LANDSCAPE PLAN PLUS ENTRANCE MONUMENTS Mr. Joe Franks, Developer, was present. Bernhardson stated that ti: Fullerton Properties shows that within the road outlot. He said, in this location may hamper any for that section of roadway. The - 2 - e landscape plan submitted by the monuments will be located "The placement of the monuments future plans the City may have recommendation from the Public • ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ZONING FILE #1532 - FULLERTON PROPERTIES CONTINUED • Works Director is that the monuments should be placed outside of the road outlot. However, there may be a conflict with the southern monument. It would be placed on an outlot owned by another property owner who objects to such a proposal. I do not know if there is a conflict with relocating the monument to the north." Mr. Franks said, "I have no objections to moving the northern monument. However, it would affect the aesthetic quality. I would request that we be allowed to place the monuments within the outlot as we have done in the past. We would enter into an agreement with the City stating that they can remove the monuments when they take over the roadway. It might be a problem for me to locate the southern monument." Acting Mayor Callahan asked Gerhardson if placement of the monuments within the outlot would pose any safety problems. Gerhardson stated that safety is not the issue. He said, "The City's Ordinances do not allow such structures to be placed in the right -of -way. However, the City is in the process of preparing a Hold Harmless Agreement with Fullerton Properties relative to retaining walls elsewhere in the subdivision. If Council approves the monuments, they could be included in that agreement." • Goetten asked how far the monuments encroach into the right- of-way. Mr. Franks replied that the monuments would be located three to four feet off of the edge of the gravel shoulder. Peterson asked whether the proposed culverts would pose any problems. Mr. Franks stated that the culvert would now be located down Willow Drive and should pose no problem. Peterson asked how high the boulder walls will be. Mr. Franks stated that there will be no boulder walls, only retaining walls placed to protect existing trees. Acting Mayor Callahan informed Mr. Franks that Council does not want the monuments to exceed a maximum height of six feet. Mr. Franks stated that he would agree to six feet. Goetten did not believe that Council could direct Mr. Franks to place the monuments on private property. She stated that the only other alternative would be to have no monuments at all. 0 -3- ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ZONING FILE #1532 - FULLERTON PROPERTIES CONTINUED • It was moved by Goetten, seconded by Peterson, to approve the final landscape plan for Fullerton Properties, Inc., per plans by Land Habitat, Inc., dated 10/16/90, revised 10/22/90, subject to developer providing temporary fencing of septic test sites along north boundaries prior to commencement of landscaping improvements. The entrance monuments to be installed at the intersection of Willow Drive and Snadowood Drive, and located within the road outlot, are also approved, subject to the condition that there be a Hold Harmless Agreement between the City and Fullerton Properties, addressing the retaining walls within the road outlot, and requiring that the monuments be removed at such time the City acquires the right -of -way. Further, that the monuments have a maximum height of six feet. Motion, Ayes -3, Nays -0. Motion passed. #1591 ORVILLE FISHER, 3300 FOX STREET CONDITIONAL USE PERMIT RESOLUTION #2901 Mrs. Fisher was present. Bernhardson sumi-iiarized the information pertaining to this application, noting that the Planning Commission had recommended approval. Peterson questioned whether it is appropriate runoff from this property toward the lake. Gaffron replied that .runoff could either be dire the lake or the adjacent property. He said, approximately 400 feet from the house to the lake. believe there should be a problem." to direct • cted toward "There is I do not It was moved by Go.etten, seconded by Peterson, to adopt Resolution #2901, granting a Conditional Use Permit for land alterations at 3.300 Fox Street. MIDtion, Ayes -3, Nays -0. Motion passed. COMPREHENSIVE PLAN AMENDMENT Bernhardson stated that the purpose of this amendment is to update the Comprehensive Plan so that it reflects a realignment of the M.U.S.A. line. He said, "The M.U.S.A. realignment will now include properties that have had sewer for some time." It was moved by Acting Mayor Callahan, seconded by Peterson, to conceptually approve Comprehensive Plan Amendment #3 and to direct Staff to draft the appropriate supportive documentation for presentation at the December 10, 1990 meeting. Motion, Ayes -3, Nays -0. Motion passed. - 4 - • ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 • MAYOR /COUNCIL REPORT: Acting Mayor Callahan stated that the LMCD has called a meeting fo:= December 12th and has asked all of the lakeshore cities to attend to discuss the implementation of the Plan. Callahan said, "My view is that we should not attend. There is no point iz discussing the Plan with the LMCD. I also believe we should notify the other cities, particularly those that did not favor the Plan, and suggest that they not attend as well. Perhaps Staff could draft a letter." CITY ENGINEER'S REPORT: PAY REQUEST #1, PUMPHOUSE #3 It was moved by Goetten, seconded by Acting Mayor Callahan, .o approve Pay Request l for Pumphouse #3 to Richmar Construction in the amount of $22,074.20. Motion, Ayes -3, Nays -0. Motion passed. PAY REQUEST #7, WELL #3 It was moved by Goetten, seconded by Peterson, to approve Pay Request 47 for Well E3 to Keys Well Drilling Company in the amount of $18,962.00. Motion, Ayes -3, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: • WOODHILL COUNTRY CLUB Mr. Mark Albrecht, Manager of Woodhill Country Club, and Mark Gronberg, Surveyor, were present. Bernhardson presented information in response to concerns raised by Council at their_ November 13, 1990 meeting (see Mark Bernhardson's memo dated November 20, 1990). He asked Mr. Albrecht if he had any additional information pertaining to the year the Country Club became part of Wayzata. Mr. Albrecht replied, "I talked with one of our members who recollected that to happen when Orono was still a Village. He estimated that Woodhill was incorporated into Wayzata in 1956." Bernhardson stated that the City of Wayzata has permitted the City of Orono to hook up to their sewer lines for North Ferndale and charged no connection fee. Hie said, "Staff believes it would be reasonable to waive the connection charge for Woodhill. Tree City could charge an ongoing operation fee based on the number of units, which would amount =o approximately $50.00 /unit each quarter." Acting Mayor Callahan stated that he would like more time to review all of the issues involved with this request and suggested tabling this matter until January 28, 1991. Goetten indicated that she is still concerned about the • - 5 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 WOODHILL COUNTRY CLUB SEWER CONTINUED • capacity of the lift station. Sze asked Cook when the capacity calculations were done. Cook replied, "The information was gathered over the last two years. We determined that the station was used approximately 1.23 hours per day in 1989 and 1.12 hours per day in 1988." Goetten said, "It is my understanding that the capacity of that lift station was not adequate and it was necessary to put an additional lift station on Ferndale Road. I am concerned about whether this lift station will have adequate capacity to handle the Country Club. I would like to know what other options exist and what the cost of those options are. I also know that certain charges apply fr.am the time the sewer line is put in to when a property may hook up at a later date. I would like to know if those charges apply in this case." Bernhardson believed that the original charge per unit in this area was $8,600. Goetten stated that she too would like more time to consider this issue. Peterson asked if a cost estimate has been determined for installing a sewer line from the Cluj':) House to the lift station. Mr. Albrecht replied, "It will cost approximately $250,000." • It was moved by Acting Mayor Callahan, seconded bar Goetten, to table this matter until January 28, 1991. Motion, Ayes -3, Nays -0. Motion passed. COUNCILMEMBER SELECTION PROCESS In response to Council's request, Bernhardson presented a draft letter and information regarding the selection process (see Mark Bernhardson's letter dated November 19, 1990). Acting Mayor Callahan stated that he was hopeful that an appointment would be made a` the second Council meeting in January. Peterson stated that she would prefer to have the letter approved at the December Ath Council meeting. Goetten asked if revisions to the letter would be discussed at the December 10th meeting or if revisions should be provided to the City Administrator prior to the meeting. Peterson stated that she had no preference. Acting Mayor Callahan suggested providing Bernhardson with is - 6 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 • COUNCILMEMBER SELECTION PROCESS CONTINUED any revisions prior to the December 10th meeting. It was the consensus of Council to accept the information presented by the City Administrator and to accept the submission prepared for the newspapers. Proposed revisions to the draft letter to applicants should be given to the City Administrator prior to the December 10th Council meeting when it will be presented and reviewed again. HIGHWAY 12 CORRIDOR Bernhardson presented information to Council regarding the upcoming Highway 12 workshop. Goetten asked if all of the various committees have been informed of the meeting. Bernhardson replied, "A copy of this was sent to the two citizen's committees. We have not yet sent this to th;: Planning Commission, but will do so. Acting Mayor Callahan stated that if City Staff is aware of any individual citizen groups within the City, that they too should receive; a copy of the preliminary agenda. He also stated that he had attended a Highway 12 Corridor meeting i Long Lake. Acting Mayor Callahan said, "The meeting was essentially an • information meeting. A representative frc:)m the Highway Department attended the meeting and repeated information that had just recently been released concerning the various corridors. I imagine the representative attending our meeting will do the same. However; I believe as a Council we should try and not just receive information, but try to determine whether we have come to any conclusions or inclinations. I do not believe that it will be appropriate to select a corridor at the Saturday meeting." Goetten did not believe that enough information has been presented up to this point. She said, "I would just like to continue the process." Acting Mayor Callahan agreed that at this point that may be all that can be done. Council accepted the information presented by City Administrator Bernhardson. :As. Jane Behrman, 340 Leaf Street, asked whether the traffic count study had been completed. Acting Mayor Callahan replied that to the bust of his knowledge, the traffic counts are not complete. Goetten said, "It is my understanding that information would • 7 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 HIGHWAY 12 CORRIDOR CONTINUED • not be available until the latter part of December. It may be later than that if MND()T does not receive all of the information they have requested from the various cities involved in this." Ms. Behrman asked if Council knew whether Long Lake has selected a corridor. Acting Mayor Callahan replied, "They have not officially selected a corridor. The meeting tha-: I attended was sponsored by citizen groups, not by the Long Lake Council. They made a specific point not to discuss a corridor preference." Ms. Behrman asked whether it is the intention of the City of Orono to work with the City or Long Lake. She stated that the public does not seem well informed. Goetten encouraged Ms. Behrman to invite persons to attend not only the December 1, 1990 meeting in Orono, but the various citizen group meetings as well. She said, "If they attend the citizen group meetings, they will get the correct information, rather than innuendo." Acting Mayor Callahan cautioned that at some point, supposedly in the Spring, the MNDOT meetings will stop. He said, "When those meetings stop, the direct opportunity for the cities and citizens to have input will lessen." • Rosemary Schauer, "Laker" Newspaper, stated that the Citizen, Technical and Policy Committee meetings for December will only occur if the traffic forecast information is available. The purpose of these city meetings is to provide MNDOT with unique characteristics in each city that may need to be considered in selecting a corridor. This will help MNDOT to complete their overlays." Ms. Behrman stated that she had attended a meeting in Maple Plain. She said, ''Not much happened at the meeting and few people attended. A representative from MNDOT talked about the various routes. He indicated that the concern wi_h the two northerly routes is that they want to pick a route that people will use as an alternative to Highway 12. They feel that Highway 55 and County Road 11 are too far north. They also said that if a particular city, such as Long Lake, takes a strong stand opposing the location of the corridor through the town, that MNDOT could not select that particular corridor." Acting Mayor Callahan said, "There is more to it than that. If Orono and Long Lake were to object to a particular corridor, MNDOT would probably drop the project and leave the road where it is now. However, if just one city said no, MNDOT could, through a long process, force that city to accept the corridor. Wayzata • - 8 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 • HIGHWAY 12 CORRIDOR CONTINUED was able to stop Highway 12 for many years. However, the law was changed so that cities could no longer have the ability to block a corridor." Mr. Gabriel Jabbour stated that he would be unable to attend they December 1, 1990 meeting. Tie said, "There are two issues that I would like Council to specifically address. One is the traffic counts. I am concerned about the numbers that are being projected and question from where the data comes. My other question is whether or not it may be appropriate to notify Long Lake of our December 1, 1990 meeting." Acting Mayor Callahan stated that notifying the City of Long 7,ake is a good idea. He said, "With regard to the traffic count information, the City Administrator can ask MNDO�T for the name of the person responsible and he /she can explain how the information is determined." Ms. Bc!hrman said, "One last note. At the Maple Plain meeting we were told that the five routes can be altered to reflect necessary changes. They may combine portions. of the corridors shown. MNDOT is looking for good alternatives to what they have presented." STRATEGIC PLANNING • Bernhardson presented information to Council regarding the 1991 strategic planning session. Council accepted the information presented. LEGAL NOTIFICATION Bernhardson presented information to Council regarding alternative methods for notification of legal actions in the City. Acting Mayor Callahan asked City Attorney Barrett for his opinion of notification. Barrett said, "The process proposed may reduce some risk, to the extent there is any comment on the lawsuits beyond just the fact of Summons and Complaint, which I do not think is privileged. if there is any comment, that may be better controlled. I would just send copies of the sammons and complaint directly to the Council individually." The Council indicated no objections to the proposed notification procedure, and it was the consensus of Council to proceed with the recommendations of the City Administrator and City Attorney. • _9_ ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 SEPTIC POSITION • Bernhardson presented information relating to the present and future need for a septic inspector. He asked Council to consider whether it would be appropriate to include a full time on -site septic inspector in the 1991 budget. Bernhardson noted that there is someone currently holding that position on a part -time basis, but it would be necessary to go through a hiring process if the position becomes full -time. Goetten said, "I learned that it may be a legal requirement nor cities to have an on -site septic inspector. It sounds as though we have no choice, is that correct? Would the increase in septic fees cover the additional salary if the position becomes full- time ?" Bernhardson said, "There is a proposal to increase the septic fee to $25.00 per quarter :_n 1991 and to $30.00 '_n 1992. Those increases would help defray the additionial_ cost for the inspector, but would not cover it entirely." With regard to Goetten's first question, Gaffron replied, "I do not believe it is State law yet. These are sore changes occurring with the Metropolitan Council that will compel cities to have an on -site septic inspector." Bernhardson noted that Mike Gaffron has served as on -site program for the last ten years, but that has not been his primary • duty with the City. Peterson stated that people have expressed concern about the septic billing because many are uncertain as to whether or not their system was inspected. Gaffron said, "Three out of the last four years, the City has had a part -time septic inspector. This year we anticipate that 80% of the septic systems in the City will be inspected. Our goal is to do each system every other year. The systems that are problems, we try to do every year." Goetten stated that the City of Orono has always been a leader in these areas and that she agrees with hiring a full -time septic inspector to assure that continues. It was moved by Acting Mayor Callahan, seconded by Peterson, to direct Staff to convert the position of temporary septic inspector to one of full -time, commencing January 1, 1991, and direct that applications be taken and a recommendation be brought forward for regular appointment. Additionally authorize extension of the temporary position until a regular appointment is made. Motion, Ayes -3, Nays -0. Motion passed. - 10 - • ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 • 1991 FEE SCHEDULE Goetten stated that she would prefer to review the revisions further with Staff. Peterson asked for clarification regarding the minimum fee charged for a building permit. Mabusth replied, "Staff was informed that accounting problems were being created by setting $30.00 as a minimum fee. At times, a fee may work out to be less than $30.00. We are proposing to bare the permit fee on the table and eliminate the minimum fee." It was moved by Peterson, seconded by Goetten, to table this item until the December 10, 1990 Council meeting. Motion, Ayer -3, Nays -0. Motion passed. 1991 BUDGET PUBLIC HEARING Bernhardson stated that he would start the budget meeting, scheduled for December 3, 1990 at 7:00 p.m., by presenting information relating to the portion of property taxes for which Orono _s responsible. lie said., "I would expla=_n how the percentage relates to tax dollars and where the areas of increase lie. I will also provide a bit of information relating to the Truth in Taxation policy and procedure to help people better understand it." • Acting Mayor Callahan questioned whether it may be necessary to ho -_d the meeting in a facility that will allow a larger capacity. Bernhardson stated that the Orono Council Chambers was indicated in the publication notice. Goetten agreed with Callahan's concern. Bernhardson stated that changing location may not comply with State law. Acting Mayor Callahan stated that the meeting could be called to order at the Council Chambers and then moved to another location. He also noted that there is a :date reserved to reconvene which could be done to accommodate more people. Gabriel Jabbour expressed concern about the practice of adopting the budget tae sa.:le evening that objections are received. Bernhardson stated that the budget must be adopted at either the first Public Hearing or the reconvened session. It was the consensus of Council that the meeting be held in 11 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 1991 BUDGET PUBLIC HEARING CONTINUED the Council Chambers as published, but that Staff should try to provide an alternate location should it be necessary to move the meeting. POLICE OFFICER - RESERVE DUTY Peterson had removed this item from the Consent Agenda. She asked Bernhardson whether it would be possible -o utilize the current part -time investigator. Bernhardson stated that he could review that possibility, but that the Police Department is losing a full -time officer. He said, "It may not be necessary to go up to 40 hours. we will have to see." Peterson said, "Staff indicated that if they can find no one to fill the position, there may be a reduction in service." Bernhardson stated that may not be the case. but if there was, the contract cities would be given a credit for contracted patrol service not provided. Goetten suggested that the public may wish to know why there is a vacancy on the police force. Acting Mayor Callahan explained that Officer Dembouski is a • Marine Corps reservist and -_s being called to active duty in connection with the crisis in the P;:rsian Gulf. It was moved by Peterson, seconded by Goetten, to direct Staff to seek a qualified temporary officer for up to 40 hours per week and that final action on employment be brought back to Council. Motion, Ayes -3, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Goetten, seconded by- Peterson, to accept the City Administrator's Information regarding: Beaver_- Trapping, Accreditation, Metro Waste /Reconveyance, September Receipts and Disbursements and Wire Transfers. Motion, Ayes -3, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: None. - 12 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 • LICENSES* It was moved by Goetten, seconded by Peterson, to approve the following license(s): Septic System Installers: Duane Ritter Exc. 7120 Vernon Street Rockford, MN 55373 1991 On Sal: Non•- Intoxicating Malt Liquor: Orono Golf 1991 Liquor (Renewal): Navarre Liquor Steven Corl 3421 Shoreline Drive 1991 Liquor (Renewal): Jimmies Lounge Jimmy Holtz 3380 Shoreline D =ive 1991. Liquor (Renewal): Woodhill Country Club (Barn) 200 Woodhill Road Motion, Ayes -3, Nays -0. Motion passed. BILLS Peterson had requested that this item be removed from the Consent: Agenda. She asked Gerhardson why the City is: paying someone to sweep our streets. Gerhardson replied, "We hired someone to haul our sweepings." Peterson asked why the City had to purchase a tree,. rather than using its usual source. Gerhardson said, "In order to use our own trees, we must rent a tree spade. We were unable to do that in a timely manner for this particular project." It was moved by Peterson, seconded by Goetten, to approve payment of the All Funds Account. Motion, Ayes -3, Nays -0. Motion passed. EXECUTIVE SESSION 8:32 P.M. City Attorney Barrett requested that Council held an Executive Session f -Dr t:ie purpose of discussing pending litigation. 0 - 13 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ADJOURNMENT • It was moved by Goetten, seconded by Peterson, to adjourn the Regular Council Meeting at 8:43 p.m. Motion, Ayes -3, Nays-•0. Motion passed. Edward J. Ca ahan, r. Acting Mayo ATT T: 0 othy M. H llin, City Clerk -- 14 - L� i