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HomeMy WebLinkAbout01-23-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 239 1995 . ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, and Gabriel Jabbour. JoEllen Hurr arrived at 8:35 p.m. Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Shawn Gustafson, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Goetten moved, Jabbour seconded, to approve the Consent Agenda. Ayes 3, Nays 0. ( #2) AAA PEDESTRIAN SAFETY AWARD - JOANNE BOCHE JoAnne Boche presented an award to the City of Orono for five years of having no pedestrian accidents. The only other city to receive the same award is Maple Grove. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF JANUARY 9,1995 • Goetten moved, Jabbour seconded, to approve the Minutes of the Regular City Council Meeting of January 9, 1995. Ayes 3, Nays 0. PARK COMIVIISSION COMMENTS No member of the Park Commission was present. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. POLICE CHIEF REPORT Chief Sullivan reported the recovery of some money and a printing press in a drug and counterfeiting operation in the Navarre area. The police department has been working with the U. S. Customs Service and Secret Service on this case. • 1 w MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 23, 1995 (#4) SCHOOL LIAISON OFFICER UPDATE Officer Scott Boris resented to the Council an overview of Iris responsibilities and • O p accomplishments as Liaison Officer with the Orono Middle School and High School. This position has enabled the police department to bring its resources to the school, providing instruction and availability of an officer to concentrate on trouble areas within the school, and assist in providing information to the students and faculty on police and court system subjects. Boris sees the main thrust of the position as pre - delinquent intervention, in steering a student away from possible criminal or delinquent behavior. Boris has also provided insight into student assessment and information on student contact with other law enforcement agencies, as well as to readily report and process criminal cases. The budget at this time only allows for part -time funding, although Boris believes there is a potential for a fulltime liaison officer. Boris reported the major impact his position has made has been to divert some students from involvement in more serious criminal activities. Boris said his main contact to coordinate his activities at the schools has been with the principals and assistant principals of the two schools. ZONING ADNIINISTRATOR'S REPORT ( #5) #1989 WILLIAM STODDARD, 2805 KELLY AVENUE - CONDITIONAL USE PERMIT - RESOLUTION #3517 • The Applicant was present. Mabusth reported that this application is to excavate 600 cubic yards from a low area in the applicant's yard. Originally, the intent was to create a decorative pond using rock as a border. The applicant thought he had obtained the proper permits but neglected to obtain a conditional use permit from the City of Orono. He had obtained permits from the MCWD and Corps of Engineers to construct the pond. The applicant also is working with the City on the realignment of his driveway which is in the flooding area of Kelly Avenue. The Planning Commission recommended the pond to be a type 3 wetland with a graduated slope, deepening to about 7 -8' in the center, with a natural look, requiring little maintenance. The applicant reported he is satisfied with the requirements recommended by the Planning Commission. He also noted that the pond will store about 75,000 gallons of water. Goetten received confirmation that the proposed pond . will not affect the improvements under consideration for Kelly Avenue. Jabbour moved, Goetten seconded, to approve Resolution #3517 for a conditional use permit. Ayes 3, Nays 0. • 2 M]NUTES OF THE REGULAR ORONO CITY COUNCEL MEETING HELD ON JANUARY 23, 1995 (#6) B-2 ORDINANCE PROPOSED AMENDMENT - ORDINANCE NO. 132, 2ND SERIES The Council received a revised draft of the B -2 Ordinance Proposed Amendment and were asked for corrections or comments. The Council is concerned that the landscaping clause where a marina must comply with a landscaping plan prior to receiving approval of a conditional use permit may be unattainable. Gaffron said that each marina will meet with Staff to determine a realistic landscaping plan. Each marina will need to meet the criteria regardless of whether or not they are seeking a CUP. Hurr moved, Goetten seconded, to approve the B -2 Ordinance Amendment, #132, 2nd Series, as revised. Ayes 4, Nays 0. Moorse commented that any accessory uses that were added would have an impact on the site in regards to available parking. MAYOR/COUNCIL REPORT A work session on the police department was scheduled for Thursday, March 9, 1995, for 8:00 a.m. is Jabbour commented on the success of the mediation session on Hwy 12. Jabbour brought to Council's attention issues discussed at a recent LMCD meeting. He is uncomfortable with the PUD on the Boardwalk issue and concerned with water ski safety due to proposed plans to eliminate the requirement for an observer in the accompanying boat. Callahan asked Moorse to write a letter to the LMCD on the water ski issue. Hurr reported on the thoroughness of the work sessions by the Planning Commission on the proposed battered women's shelter. She suggested the Council update themselves on the proceedings so far to eliminate spending the time to update at a future meeting. The minutes from the last meeting were included in Council's packet. The public will be invited to attend an upcoming meeting with the Planning Commission. Neighbors within 300' of the proposed site will be invited. Hurr said the closest neighbor to the site is in support of the project but asked that the CUP be amended under that zone without changing the actual zoning. The Staff is attempting to determine the need at this time and has not yet discussed the land use issues. It was noted that the applicant has until mid May to close on the mortgage. Both Hurr and Jabbour reported receiving negative response to the temporary closing of Old Beach Road. • NUNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 23, 1995 ENGINEER REPORT • ( #7) KELLY AVENUE DRAINAGE City Engineer Shawn Gustafson updated the Council on the drainage study completed for Kelly Avenue. 35 acres extending to CoRd 19 drain to Kelly pond. This pond annually rises and floods the road. The present drainage system is not functioning well and fills up with sediment. Gustafson presented the Council with five options, four of which were gravity -type solutions, to remedy the problem. They are as follows: A) Construction of a storm sewer from Kelly pond to Carman Cove pond. This can be constructed within the right -of -way but would require excavation 20' deep to install the pipe. Estimated cost $81,000. B) Construction of a storm sewer following the natural drainage way. Alignment would require easements. The depth of excavation would be minimized by following the perimeter of the wetland area. Estimated cost $70,000 (no estimate for easements). C) Replacement of the existing culverts and drainage file. Estimated cost $66,000. • D) Connection of all four ponds in the area by storm water piping draining out to Carman Cove. Estimated cost $85,000. E) Construction of a lift station and pump at the south side to include an equalization system which would filter the water. This would be constructed along the right -of -way. Estimated cost $57,000. The City Engineers looked at what would have the minimal impact on the neighborhood. The report also recommended the raising of a portion of the roadway. To raise Kelly Avenue 1' would cost about $29,000. To raise the road T would cost about $40,000. Gustafson said the sanitary sewer and water main in Kelly Avenue is sitting on 15' of swamp deposits and has caused settlement and will continue to do so. The Engineer would recommend further study of the sanitary sewer to determine whether it needs replacement. To replace the sewer line would cost approximately $18,000. The Engineer recommends Option E as this option is the least expensive and will have the least impact on the neighborhood. Recommendation is also for raising the road T but not with light weight fill. The Engineer recommends replacement of the sanitary sewer but only after a study of the system is made. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 23, 1995 (V - Kelly Avenue Drainage - Continued) • Option E would use a 6" pipeline, which is less than the 18" storm sewer. The lift station would cost $13,000, and the City would be able to salvage a pump from an existing lift station. This piping would cause little disruption as it can be trenched in. No easements would be required. Moorse noted that the $56,000 does include legal, administrative, and engineering costs. Normal costs have been included for a total of $56,000+$58,000 = $114,000, for lift station and raising of Kelly Avenue. Jabbour questioned why the peat material would be left under the road. Gustafson said the existing line would be replaced with a joint with a locked restraint that can take the settlement caused by the peat. If the sanitary sewer is found to be in good condition, it can possibly remain in place. The road can still be raised without replacing the sanitary sewer line. The soil engineer estimated 2" of settlement in the future and 3" with raising the road 2' for a total of 5 ". Gustafson recommended a neighborhood meeting be held to discuss the options and financing. Gerhardson said there are 20 -25 homes in the area and under 50 property owners. At this time, one home would be affected by the plan. William Stoddard, a neighbor on Kelly Avenue, is in favor of raising the road. He voiced • concern over the size of the lift station but was informed that the majority of it is underground. C] The high water level was discussed. Gustafson said the raising of the road by T would place the road 1' above the high water level of 932.5. Jabbour reported that indications are that the high water level now will soon become the norm rather than the exception. Jabbour said the Council needs to develop a policy on how to handle this problem as it will happen again as water levels rise. Callahan directed Staff to prepare costs involved in the project and information for the neighborhood meeting. The Council will next discuss the finances of the project. Gustafson said that the cost could be formulated by the watershed basis cost and divided up by the watershed area. This can be based on the amount of flow contributed as well as the amount of hardcover. Callahan asked Gustafson to make this determination and bring the formula back to the Council for discussion. 5 MINUTES OF THE REGULAR ORONO CITY COUNCEL MEETING HELD ON JANUARY 23, 1995 CITY ADMIlYISTRATOR'S REPORT • (#S) LONG LA KE WATER QUALITY COOPERATIVE AGREEMENT Mr. Maple of the MCWD was present to discuss the revised cooperative agreement for the Long Lake improvement project. He reiterated the project's purpose was to clean Long Lake and would like this project to be a cooperative effort between the three cities of Long Lake, Orono and Medina. The project no longer includes the construction of aeration systems, but has been replaced by chemical treatment using alum. Under the draft, the City would be responsible for the sediment removal costs of the wet detention ponds. The City's annual share of these costs is estimated to be $4,535 per year. The other responsibilities of the City would be to prepare a local water management plan for this area, and submit it to the MCWD for review and approval prior to construction of the improvements; agreement to develop policies and disseminate information on best management practices and include these in the water management plan; clean the fish barrier in the CoRd 6 pond; and provide a representative to the project advisory committee. Mr. Maple said that the change to alum was made to avoid the need to maintain aerators. The alum treatment, he reported, was a one -time treatment, effective for water clarity improvement for 4 -5 years. It would cost about $300,000 for treating Long Lake. Callahan voiced his concern over the funding of the project. Callahan also disapproved • of the large project committee concept. Maple reported on the concerns of a fee owner involved. The MCWD determined the need for a 5-6 acre treatment area adjacent to CoRd 6. They are possibly looking at a jurisdictional wetland to the south of CoRd 6 which would probably reduce the size of the ponds on the fee owner's land. Maple said a definitive plan should be presented for public hearing in about 2 -3 weeks but are not close to any type of agreement with the fee owner as of yet. Maple did note that the ponds in question will become larger creating additional sedimentation which will increase the costs of removal. The City Engineer could assist in determining future costs. Jabbour said that the drafts have been made without consideration of input from the Orono Council. Jabbour suggested that the MCWD receive Council's input prior to the next draft. Callahan noted the portion of the agreement from page 7 on should be eliminated. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 23, 1995 (#9) AWARD 1995 MATERIALS & EQUIPMENT BIDS • Moorse reported that these are the annual bids for equipment and materials for the City's Public Works Department. Examples are aggregate, bituminous, backhoes, etc.; equipment requiring an operator. Hurr moved, Jabbour seconded, to accept the bids as presented for the calendar year 1995. Hurr asked that the bids be divided amongst bidders to stimulate enthusiasm for the following year's work. Ayes 3, Nays 0 (Goetten was not present during the motion.) ( * #10) CONFIRM 1995 BOARD OF REVIEW DATE Goetten moved, Jabbour seconded, to schedule the 1995 Board of Review hearing for 7:00 p.m. on Wednesday, April 26, 1995. Ayes 3, Nays 0. ( * #11) RESOLUTION OF APPRECIATION - ALEX VONGRIES - RESOLUTION #3518 Goetten moved, Jabbour seconded, to adopt Resolution #3518 in appreciation of Alexander Vongries' dedicated service as a member and co -chair of the Park Commission_ Ayes 3, Nays 0. • ( * #12) ADA COMPLIANCE AUDIT - COST CORRECTION Goetten moved, Jabbour seconded, to approve the proposal from Julee Quarve- Peterson to provide consulting services for the purpose of assisting the City in complying with the laws pertaining to the Americans with Disabilities Act at a cost not to exceed $5,475, to be funded from the special project contingency account. Ayes 3, Nays 0. 1� CITY ATTORNEY'S REPORT City Attorney Barrett requested adjournment to Executive Session at 9:10 p.m. ( * #13) LICENSES There were no licenses. ( * #14) BILLS Goetten moved, Jabbour seconded, to approve payment of the All Funds Account. Ayes 3, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 23, 1995 ADJOURNMENT The Council adjourned to Executive Session at 9:10 p.m. ATTEST: r and J. Callahag4i Mayor J. Diann Goetten, Acting Mayor 8 r 1 LJ Ll