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HomeMy WebLinkAbout01-09-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 9,1995 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, and Charles Kelley. JoEllen Huff arrived at 7:25 p.m. Representing Staff were City Administrator, Ron Moorse; City Attorney, Tom Barrett; Public Works Director, John Gerhardson; Assistant Planning and Zoning Administrator, Michael Gaffron; City Engineer, Glenn Cook, who arrived at 7:25 p.m., and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 6:50 p.m. ( #1) 6:40 P.M. OATH OF OFFICE City Administrator Moorse administered the Oath of Office to Mayor Callahan as well as Council Members Goetten and Jabbour. ( 92) 6:45 P.M. PUBLIC HEARING - PERSONAL WATERCRAFT ON LONG LAKE ORDINANCE, 6:50 -7:00 P.M. AND 7 :40 -7:45 P.M. - ORDINANCE #131, 2ND SERIES The Certificate of Mailing and Affidavit of Publication were noted. Mayor Callahan said the ordinance was originally authored by previous Long Lake Council Member Mary Miller. The ordinance's purpose is to limit the number of hours of Is operation of personal watercraft vehicles on Long Lake to between sunrise and sunset, or 6:00 p.m., whichever is earlier. It is also to prevent racing of such vehicles unless special permits have been obtained. Long Lake falls under the jurisdiction of both Long Lake and Orono. Council members from both cities were present along with Long Lake Mayor, Todd Olson, who arrived at about 7:40 p.m. Mayor Olson said the ordinance would be beneficial to both cities, and the purpose of the ordinance is not to deprive lake users of these vehicles but to restrict their usage. During public comments, Barb Lukens of 776 Brown Road North said she was happy with the response of Council to this concern and finds the ordinance satisfactory. Callahan moved, Goetten seconded, to adopt the personal watercraft ordinance and to authorize Staff to submit the proposed ordinance and any supporting documentation to the DNR for its review. Ayes 5, Nays 0. The Mayor and Council of Long Lake also moved and passed the motion to adopt the ordinance. Mayor Olson and Gerhardson will post ordinance signs in their respective Cities on Long Lake. C7 COUNCIL. ,. MINUTES OF THE REGULAR ORONO CITY MEETING HELD ON JANUARY 9, 1995 ( #3) AAA PEDESTRIAN SAFETY AWARD - JOANNE BOCHE Moorse reported the cancellation of this item. The award will be presented at another time. ( -44) CONSENT AGENDA Items 8, 9, 11, 12, 14, 15, and 19 were added to the Consent Agenda. Goetten moved, Jabbour seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. APPROVAL OF MINUTES (* #5) REGULAR MEETING OF DECEMBER 12, 1994 Goetten moved, Jabbour seconded, to approve the Minutes of the Regular City Council Meeting of December 12, 1994. Ayes 4, Nays 0. (x#6) EXECUTIVE SESSIOIF DECEMBER 12,1994,.-.. Callahan moved, Jabbour seconded, approval of increasing the hours of Officer John Schoenhoff from part-time to full -time, with pay at the one year contract rate, effective January 2, 1995. Ayes, 3, Callahan, Jabbour, and Hurr; Nays 1, Kelley. • Callahan moved, Hurr seconded, that Staff be directed to work with the City Attorney to improve the City's hiring processes with the purpose of meeting all legal requirements. Ayes 4, Nays 0. 3 Callahan moved, Jabbour seconded, that the City terminate its membership in the Minnesota Police Recruitment System (MPRS). Ayes 4, Nays 0. PARK COMMISSION COMMENTS ( #7) RESIGNATION OF VICE CHAIR ALEX VONGRIES The Council accepted the resignation of Alex Vongries as Vice Chair of the Parks Commission. Goetten moved, Callahan seconded, to draft a resolution to be sent to Vongries in appreciation of his work on the Park Commission. Ayes 4, Nays 0. w 40 6 � MINUTES OF THE REGULAR ORONO CITY COUNCIL v MEETING HELD ON JANUARY 9, 1995 (Park Commission Comments - Continued) • Park Commissioner Susan Wilson reported that the Commission was reviewing the natural areas owned by the City. It is the Commission's wish to make these areas user friendly and accessible. The Highwood Nature Trail on CoRd 19 is being upgraded to include a parking lot, trailhead sign, and picnic table. The parking area will be a small crescent- shaped size for 3-4 cars with the ability for bus access for unloading passengers. At present, there is no access or shoulder on the road. Council members received a park plan from 1971, designed by Tim Gilbert, the naturalist. This trail is in keeping with the present plan now under consideration. The trail area was purchased for $14,000. The cost of the upgrades is estimated to be between $5,000 and $6,000. The Park Commission will present their plan and costs to the Council at an upcoming meeting. Callahan directed City Administrator to post notices for the Park Commission vacancy. Callahan also noted that as normal terms end relatively soon, Staff should contact those Commissioners to see if they are interested in continuing to serve on the commission. Council members were agreeable to this plan. PLANNING COMMISSION COMMENTS Dale Lindquist, represented the Planning Commission. There were no comments at this is time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (* #8) #1982 DANIEL S. PERKINS, 55 LANDMARK DRIVE - VARIANCEICONDITIONAL USE PERMIT - RESOLUTION #3512 Goetten moved, Jabbour seconded, to approve Resolution 93512 for a variance/conditional use permit for Daniel S. Perkins. Ayes 4, Nays 0. (-#9) #1985 BRUCE BREN HOMES, 1000 COX FARM ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3513 Goetten moved, Jabbour seconded to approve Resolution #3513 for a conditional use permit for Bruce Bren Homes. Ayes 4, Nays 0. • NIINUTES OF THE REGULAR ORONO CITY COUNCIL e° MEETING HELD ON JANUARY 9, 1995 ( #10) B-2 ORDINANCE PROPOSED AMENDMENT Concerns over the present draft were noted. Kelley clarified that landscaping and • screening must be complied with prior to issuance of any conditional use permits and requested confirmation that Council members were willing to uphold this stipulation. Moorse is concerned with the portion of the ordinance that creates new conditional uses. The City is currently able to say no to certain usages. Under the proposed amendment, certain usages could be done with a conditional use permit, which in effect, says the usage is okay within certain parameters. Moorse stressed caution should be taken in this area. New accessory items were C, J, and M (refer to packet). Goetten and Callahan felt that with adding conditional uses, the City gains the ability to work with people on improving conditions. Hurr was concerned with snowmobile sales and service and the policing of this area as well as the maintenance base issue. All Council members agreed to eliminate these from the ordinance. Barrett reiterated to the Council that the City has the power to regulate but does not have the power to take property. Hours of operation were discussed under D and E on page 6. It was agreed that wording should be added to state that boats for hire are not considered private. Council agreed on the need for charter boats but are concerned with theport-of -call use. Parking may • become an issue here. Caretaker dwellings were discussed. It was determined to consider this an accessory use instead of a conditional use. Gaffron said that any accessory use item can create parking problems so changing certain accessory uses to conditional uses would aid in requiring additional parking for such use. It was decided that if an accessory usage created parking on the street, Staff can change parking requirements. Subd. 15 on page 8 was questioned as it was noted that the City Attorney recommended eliminating this from the amendment. Barrett said this was in relation to the City not being able to regulate the number of boat slips. Under 19 on page 9, it was noted to change Ordinances of the Lake Minnetonka Conservation Department to District. Hurr asked for a better clarification of what is considered a "full- course meal' under D. Callahan suggested that by the wording of prepared and prepackaged before coming on premises would cover any concern over preparing food and selling on premises. n U MINUTES OF THE REGULAR ORONO CITY COUNCIL ` MEETING HELD ON JANUARY 9, 1995 ( 910 - B -2 Ordinance Proposed Amendment - Continued) • Staff will make changes to the draft based on the Council's concerns and present at the next Council meeting. MAYOR/COUNCIL REPORT Cancellation of work session meeting for Thursday was noted. Kelley asked what the Council would like to see for future development around the Hwy 12 area. Kelley voiced his displeasure with a possible proposal for a major grocery store southwest of Hwy 12 and Old Crystal Bay Road. Moorse said Staff would like to see direction from the Council on future development. Office and high density residential, but no major retail, has been the thrust, but input for the future is needed as developers are looking at this area for new sites of development. Gaffron indicated he would provide Council with a summary of the Comprehensive Plan and Zoning Code sections regarding the Highway 12 Corridor. Jabbour reported an attempt by an owner to sell land to the DNR, who was not interested, but a land swap was also mentioned. Jabbour was concerned that the DNR did not notify the City and reiterated the DNR had agreed to notify the City whenever they were considering the purchase of property in Orono. • ENGINEER REPORT ( * #11) PAY REQUEST #1 AND FINAL - 1994 SEAL COAT PROJECT Goetten moved, Jabbour seconded to approve payment of the 1 st and final request for the 1994 seal coat in the amount of $35,606.15 to Allied Blacktop Company. Ayes 4, Nays 0. ( * #12) PAY REQUEST #2 - OLD CRYSTAL BAY ROAD STREET IMPROVEMENT Goetten moved, Jabbour seconded, to approve payment #2 for the Old Crystal Bay Road project in the amount of $88,529.99 to Buffalo Bituminous, Inc. Ayes 4, Nays 0. n NUNUTES OF THE REGULAR ORONO CFTY COUNCIL MEETING HELD ON JANUARY 9, 1995 CITY ADNMISTRATOR'S REPORT ( #13) OLD BEACH ROAD THROUGH TRAFFIC PROBLEM Moorse reported that this issue relates to traffic problems on Old Beach Road. It has been found that a large number of vehicles, 3600 a day, are using this road as a shortcut between CoRds 15 and 19. Staff has had discussions with the residents on alternatives and is recommending restriction of the access to Old Beach Road. Staff is proposing to close the CoRd 19 end of Old Beach Road, thus eliminating it as a through road. Traffic will then need to go to the CoRd 15 and 19 intersection. Moorse has spoken with the county about left turn arrows at CoRds 15 and 19 to facilitate the traffic flow. Barricades are proposed to be used to temporarily close the road over the winter which will allow time to assess the closure. A possible cul -de -sac would be installed later. Barrett said a public hearing would be necessary before permanently closing off this access or neighbors may petition for a variance. In emergency situations, the City does have the authority to temporarily close a road without a public hearing. Kirk Sherman of 2505 Old Beach Road presented the neighbors concerns. The neighbors support the cul -de -sac option to satisfy the safety issue. The police department has estimated the speed of cars traveling on this road to be between 40 -50 mph but there is • no safe place to set up surveillance to monitor violations of the speed limit laws. There have been four school bus incidents where cars have driven around a bus which has had its stop sign extended and red flashers on. It was reported by Sherman and Council Member Hurr that the Minnetonka Beach Council is also looking into this issue. It was determined that a cul -de -sac would require a large enough turnaround for a bus or emergency vehicle. Discussion was held on how this would occur during the temporary closing. Staff will determine the costs involved for this change and discuss with the County the changes for the turn arrows prior to the public hearing meeting. Jim Krey of 2560 Old Beach Road owns the property where the turnaround would be placed. He is in favor of this action and sees it as the reasonable solution to the problem. It was his opinion that the short cut was only a perceived one. Hurr said that she could not support this closure until timed turn arrows were installed at CoRd 15 and 19 and the "no passing" sign west on CoRd 15 be removed. Moorse also said that the County could provide signs stipulating that this road will be closed to notify the public prior to its occurrence. is MINUTES OF THE REGULAR ORONO CTTY COUNCIL, MEETING HELD ON JANUARY 9, 1995 ( #13 - Old Beach Road Through Traffic Problem - Continued) • Callahan moved, Kelley seconded, to authorize the Staff to temporarily close Old Beach Road to through traffic. A resolution will be brought before the Council in the spring for permanent closure, following a full public hearing. Ayes 5, Nays 0. (* #14) NORTH SHORE DRIVE NO PARKING SIGNAGE (NEAR PUBLIC ACCESSES) - RESOLUTION #3514 Goetten moved, Jabbour seconded, to adopt Resolution 93514 requesting Hennepin County Public Works to post certain roadways a "No Parking Tow Away Zone." Ayes 4, Nays 0. (z #15) AUTHORIZATION OF ADA COMPLIANCE REQUIREMENTS AUDIT Goetten moved, Jabbour seconded, to approve the proposal from Julee Quarve- Peterson, Inc. to provide consulting services for the purpose of assistance in complying with the laws pertaining to accessibility for all persons with disabilities at a cost not to exceed $4,775.00, to be funded from the special projects contingency account. Ayes 4, Nays 0. ( #16) ESTABLISHMENT OF COUNCIL WORK SESSIONS) The work session scheduled for Thursday, 1/12/95, was cancelled. Callahan will set a . new meeting for next week. is Council's availability was discussed. Kelley will be absent from the 1/23 meeting, Callahan from the February meetings; Jabbour the 2/13 meeting. ( #17) 1995 APPOINTMENTS - RESOLUTION #3515 Callahan moved, Kelley seconded to adopt Resolution 93515 designating appointments for 1995. Ayes 5, Nays 0. Callahan designated Goetten to chair the Council meeting in February when both Callahan and Jabbour were absent. ( #18) 1995 MEETING SCHEDULE Hurr agreed to accept the 7.00 p.m. start time for the Council meetings. She noted that this could cause her to be late to several meetings this year but since other members wanted the meetings to begin and end earlier, she would not challenge the time change. Callahan moved, Kelley seconded, to adopt the proposed 1995 meeting schedule. Ayes 4, Nays 1, Hurr. 7 NUNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 9, 1993 ( * #19) PARK COMMISSION LIAISON SCHEDULE Goetten moved, Jabbour seconded, to approve the schedule for Council attendance at the • Park Commission meetings for 1995. Ayes 4, Nays 0. ( #20) REQUEST TO CREATE A CENTRAL SERVICES DEPARTMENT Moorse reported that this proposal is to enable the finance department to consolidate a number of miscellaneous expenses that are currently pro -rated among departments into a central services department which will account for these expenditures. The total General Fund expenditure budget remains the same. Council was concerned with being able to break down an item such as insurance for accountability amongst different departments. Kelley said it is important to be able to distinguish the true costs of doing business especially when we provide services to other cities. Jabbour moved, Goetten seconded, to create the Central Services Department within the General Governmental functions of the City, effective January 1, 1995, and to direct Staff to incorporate all necessary changes in the 1995 Budget document to reflect the creation of the Central Services Department. Ayes 5, Nays 0. ( *#21) PAY LEVEL FOR CORPORAL ASSIGNMENT Jabbour seconded to approve the 2% a differential for Officers • Goetten moved, pP pay Anderson, Cornick and Dembouski effective January 16, 1995. Ayes 4, Nays 0. ( * #22) MINNESOTA POLICE RECRUITING SYSTEM (MPRS) MEMBERSHIP TERMINATION - RESOLUTION #3516 Goetten moved, Jabbour seconded, to adopt Resolution 93516 terminating the City's membership in the MPRS. Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett had no report at this time. ( * #23) LICENSES Goetten moved, Jabbour seconded, to approve the following licenses: Ayes 4, Nays 0. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 9, 1995 ( #23 - Licenses - Continued) Residential Kennel License: Steve Esco 320 Big Island Sue Fackler 3700 Togo Road Jane Kline/Steve Bell 4455 West Branch Road G. James & Judith A. Spinner 940 North Arm Drive (x #24)BILLS Goetten moved, Jabbour seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. ADJOURNMENT Goetten moved, Callahan seconded, to adjourn at 9:10 p.m. Ayes 5, Nays 0. • ATTEST: M 1" City Clerk • 9 ' ZONE