Loading...
HomeMy WebLinkAbout03-27-1995 Council Minutest a ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 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. Council Members Charles Kelley and JoEllen Hurr were absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #I) CONSENT AGENDA Item 95 was added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 3, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF MARCH 13,1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 13, 1995. Ayes 3, Nays 0. • PARK COMMISSION COMMENTS Park Commissioner James White reported on a minor change to new Park signs. The wording, "Orono Parks," will be added to the bottom of park signs instead of the City of Orono designation. The reason for this change is to increase the City Parks visibility. PLANNING COMMISSION COMMENTS No representative of the Planning Commission was present. PUBLIC COMMENTS There were no public continents. a 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 POLICE CHIEF REPORT Police Chief Steve Sullivan presented the statistics on the 1994 police activity to the • Council. Sullivan will present an analysis of the statistics at the next Council meeting. The total calls within the four cities increased 16.5% from 7272 to 8475. In April thru September, the four cities reported a 6% increase, or 63 in number, in reported crimes. Sullivan reported this figure was affected by officer initiated activity. The clearance rate increased from 48% in 1993 to 51% in 1994 for the four cities. In Orono itself, there were 512 crimes in 1993 with a clearance rate of 46% and 510 crimes in 1994 with a clearance rate of 48 %. Chief Sullivan reported that his department had performed traffic patrol of County Road 15 for Minnetonka Beach on a demonstration basis. This could not have been prolonged without added dollars spent. Minnetonka Beach has now agreed to purchase 120 hours of traffic enforcement in addition to the amount already paid in their contract with Orono. This work will be performed by reassigning an existing officer. Mayor Callahan asked that this additional patroling of Minnetonka Beach not result in less coverage for Orono. Sullivan responded that the increase in the number of officers from 15 to 16 this year will assist in offsetting the added hours. It was also stated that with the replacement of Lt. Fitzler with Officer Boris, the hours Boris works at the school during the school year can be transferred to work on the street during the summer months. • Jabbour voiced the concern that Council Member Kelley has had in the past, and agrees with, that the true cost of the additional hours for Minnetonka Beach be passed on to that city. Sullivan said that he looked at the two officer coverage in Long Lake, calculated the cost on an hourly basis, and will charge that amount to Minnetonka Beach with no discount. ZONING ADMINISTRATOR'S REPORT (0) #1979 RICHARD LITTLE, 1890 SHADYWOOD ROAD - VARIANCES - RESOLUTION #3544 Mr. & Mrs. Little were present. This application is for variances in the average lakeshore setback, lakeshore setback, and hardcover in the 0 -75' with the reconstruction of a 14x26' deck. The deck has already been removed and will be replaced in the former building envelope with no further extensions beyond the dimensions of the original deck. This would result in 40 s.f of new hardcover for the grade level deck. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 • ( 93 - Richard Little - Continued) Goetten asked for clarification that the deck itself is in the 0 -75' setback area. Mabusth confirmed this stating the encroachment will remain as it was originally as defined by hedges already in place defining the original deck area. The applicant commented that the deck was in place prior to the ruling for no hardcover in the 0 -75' zone. Jabbour moved, Callahan seconded, to adopt Resolution #3544 per the Planning Commission recommendation. Ayes 3, Nays 0. (#4) #1996 GREGG PERL, 309 WESTLAKE STREET - AFTER THE FACT VARIANCE - RESOLUTION #3545 Mr. Perl was present. Mabusth reported that the application is for a side setback variance for work involving an expansion of the roof area required for a bedroom expansion in the upper level. The Planning Commission's minority opined that the applicant should not have installed a patio door without applicant knowing when stairs will be constructed. The majority approved the patio door as is with a proper bar installed over it. is There is an accessory structure which encroaches the neighbor's property as well as exterior storage violations. The applicant responded that the storage violations have been rectified. The 12x12 shed is still in need of removal. The applicant was given the date of April 15, 1995 by which to obtain both permits needed, which are subject to penalties. • Mabusth is concerned with adding a deck off the patio door as it would not meet the 30' side setback. The applicant was informed that the side setback requirement must be met as the deck would be part of the principal structure, and the enclosed approved resolution notifies of a need for a variance would be required if a deck were to be built. Mayor Callahan reminded applicant to make application prior to building the deck. The applicant noted that he has purchased an adjoining property, and the lots have been combined. The applicant originally had .8 acres and now with the acquisition has 1.6 acres. Jabbour moved, Goetten seconded, adopt Resolution #3545 with the comment that the applicant check with Staff prior to making any additional structural changes. Ayes 3, Nays 0. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 ( *#5) #2001 POWDER PACKERS, INC./RHONDA E. WILSON, 640 ORCHARD PARK ROAD - VARIANCE - RESOLUTION #3546 • Jabbour moved, Goetten seconded, to adopt Resolution 93546 for front/street setback variance. Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan asked for a report on the joint meeting of the Park and Planning Commissions. Moorse reported that the work session was to discuss the development of a plan for open space preservation. This was generated from the park survey where residents voiced their general satisfaction with Orono Parks and indicated support for preserving open spaces. John Shardlow, a planning consultant, was in attendance and discussed with members the Supreme Court decision concerning parkland dedication fees and the process for developing a parks and open space plan. Gaffron relayed information on the existing undeveloped spaces within Orono. Alternative ways of acquiring or preserving open spaces without the need for funding were discussed. From this meeting, Shardlow and Moorse will draft a questionnaire for the members of the Park Commission, Planning Commission, and Council to identify open space preservation objectives. Jabbour commented on the different visions for the future of Big Island. The wilderness refuge and natural park idea is being challenged by a group who sees the island as an area to develop for active participation, such as company parties or possibly an amusement • park. Jabbour says Orono needs to clearly define what parks are to the city to avoid future conflicts. Park Commissioner White agreed with this assessment voicing the need for a master park plan. Jabbour suggested visiting Big Island. He noted that the Veteran's Camp, while not for sale, is an area to watch as the state has the first right of refusal if the property were to become available for sale. Orono has no jurisdiction over this camp. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 (Mayor /Council Report - Continued) • Jabbour has attended the meetings of the LMCD. The LMCD has reported the loss of $39,000 through investments in 1994. Executive Director of LMCD, Strommen, reminded Jabbour that the LMCD came in below budget last year and not at budget as described in last Council meeting minutes. The mayors of Spring Park, Deephaven, and a representative for the mayor of Mound collectively asked the state representative and senator at the LMCD meeting to consider changing the state mandate from having elected representatives from the councils to appointments under the will of the councils and change the language that cities have the right to a representative instead of an obligated representative without changing quorums. Jabbour said the mayor of Deephaven agreed with their thoughts. Jabbour also reported that the approval for issuance of permits for parasailing by the sheriff was given unanimously by the LMCD's land -use committee and not by the full board. A permit has been given out for commercial use. Callahan asked that Jabbour remind the LMCD of the recent resolution passed by Orono. It was noted that cities are not well represented at these meetings and verbal comments by those in attendance are not necessarily acted on. ENGINEER REPORT City Engineer Cook had no report. • CITY ADMINISTRATOR'S REPORT (#G) HILLSIDE PLACE ADbIINISTRATIVE APPEAL • Moorse asked Gerhardson to give a summary of the appeal by Grace Dahl to access her property from Wallace Avenue rather than Hillside Place. Gerhardson reported that Ms. Dahl asked to change her access to Wallace Avenue, which is a platted unimproved road. The neighbors on Wallace Avenue, the Mattson's, asked that the request be denied. Ms. Dahl has had contact with Gerhardson since September of 1994 when her request for access on Wallace Avenue was denied. Dahl submitted an updated survey showing her proximity to Wallace Hills. Wallace Avenue, according to Dahl, would be half the distance from her proposed home and would result in maintenance savings. Dahl said her neighbors, the Mattson's, use the road area for parking of their vehicles and as a garden. Her letters to the City related a problem with having to cross a large drainage ditch for the access on Hillside Place. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 (#6 - Hillside Place Administrative Appeal - Continued) The access was addressed in the September, 1994, adopted resolution regarding a lot line • rearrangement with then owner, Jacci Segner. Hillside Place was designated as the access for the property in question along with one other property. Because of the driveway designation, only these two properties can use this access. Two other properties, 2260 Bayview and 3300 Navarre Lane, owned by Ray Pasch and Jacci Segner, were closed off from using Hillside Place so the Dahl property could obtain acess from Hillside. Segner sold the property to Dahl, who then applied to have access through Wallace Avenue. Dahl reported that she was under the impression that the subdivision had to be solved first and the access addressed after the subdivision was finalized. Ms. Segner remarked at the meeting that this also was her understanding and said it was known during the subdivision that Dahl wished to use Wallace Avenue. Neighbor, Clair Rood, supported Dahl's reasoning for access on Wallace Avenue. Rood stated Hillside Place access was 525' long and the drainage ditch was a major obstacle to access the property. Dahl, Segner, and Rood all voiced their opinion that it was their understanding that the access could be changed once the lot line rearrangement was completed. Neighbor, Dale Mattson, 2200 Bayview Place, reported that Wallace Avenue comes • within 8' of his property and does not wish for DaHs property to gain access from Wallace Avenue. Ray Pasch of 3301 Navarre Lane reported that he has worked with Dahl throughout the process and was present when Dahl discussed with staff accessing her property through Wallace Avenue. Pasch reiterated hearing that the access needed to be addressed at a later time. Jabbour made it clear that it is the policy of the City to address the issue of access whenever subdivisions come before the Council and make determinations regarding access. This then eliminates any problems such as this from arising in the future. Goetten asked what the resolution stated regarding access. It was clarified through the lot line rearrangement agreement and resolution that Hillside Place was the designated access to the Dahl property. The agreement stated that access could be amended, changed, or terminated by written amendment to an alternate access of open public roadway if the City decided to have an alternate access other than Hillside. It was further clarified that the only use of Wallace Avenue at this time was the Mattson' s. The Mattson's have four lots but one house, and there is only one buildable lot. Wallace Avenue is contiguous to the railroad right -of -way. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 (#6 Hillside Place Administrative Appeal - Continued) • Callahan said the agreement shows that the City does not plan on opening Wallace Avenue, which should result in denial of the appeal. Dahl countered that she had been in discussions with Gerhardson during the whole process about accessing on Wallace. City Attorney Barrett said that the agreement, though, was with Segner. The access was first denied in September of 1994. Moorse commented that the denial was given during the same time as the resolution for the lot line rearrangement. Jabbour saw the issue as whether the City had future plans for Wallace Avenue, which it does not. Whether Dahl could be allowed access was a different issue. Wallace is only a 20' road with an existing house that is 9 -1/2' from the road; whereas Hillside Place is already 25' in width and access has already been granted. Callahan asked if Dahl would like this appeal tabled until the full Council was present to which she agreed. Callahan moved, Jabbour seconded, to table the Appeal of Administrative Decision until the Council meeting of April 10, 1995, when all Council is present. Ayes 3, Nays 0. Clair Rood asked if Council or Staff members would look at the drainage ditch situation prior to the meeting. • It was noted that Wallace Avenue should not be used for storage of any type. Dahl asked to voice her frustration with the process and with Staff. She said she was led to believe that the lot rearrangement must be decided first and the access at a later time. C7 ( #7) VOLUNTEER COMMISSION REAPPOINTMENTS Mayor Callahan reported that the terms of Sandra Smith and Charles Nolan, Jr., of the Planning Commission had expired. Both members asked to continue serving, and Callahan voiced his support for that recommendation. However, Nolan will not complete the new term, and Callahan advised Staff to advertise for the prospective vacancy. Callahan moved, Goetten seconded, to approve the reappointment of Sandra Smith and Charles Nolan, Jr., for the term of 4/1/95 to 3/31/98. Ayes 3, Nays 0. Callahan reported on the rotating chairmanship for the Planning Commission on a yearly basis. Schroeder will be stepping down from the chair and was reported to have performed very capably in this position. Callahan moved, Jabbour seconded, to approve Steve Peterson as Chair of the Planning Commission and Candace Rowlette as Vice Chair. Ayes 3, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 ( 47 - Volunteer Commission Reappointments - Continued) Park Co mnu s sioners Lili McMillan and James White have expressed an interested in • additional service on their commissions which recently expired. Callahan moved, Goetten seconded, to reappoint Lili McMillan and James White to the Park Commission for the term of 1/1/95 to 12/31/97. Ayes 3, Nays 0. ( #8) BID AWARD LIFT STATION #7 Callahan moved, Jabbour seconded, to award the bid for Lift Station #7 reconstruction to the lowest responsible bidder, Ford Construction Company, for an amount of $56,782. Ayes 3, Nays 0. ( * #9) TEMPORARY EMPLOYEES - GOLF COURSE Jabbour moved, Goetten seconded, to approve the temporary employment of Forest Jostrom, counter helper, $5.80 per hour; William McIntyre, counter helper, $5.80 per hour; John Ross, counter helper $5.80 per hour; Dan Oaes, starter /grounds, $6.20 per hour; Doug Erickson, grounds helper, $6.50 per hour; and Jack Peterson, counter /starter, $5.70 per hour, all effective April 1, 1995. The above employee positions will terminate six months after their first day of employment and will not be eligible for PERA benefits and withholdings. Ayes 3, Nays 0. • ( * #10) GOLF COURSE LIQUOR LIABILITY INSURANCE AWARD Jabbour moved, Goetten seconded, to award the Orono Golf Course liquor liability insurance coverage for the period April 1, 1995 through March 31, 1996 to the St. Paul Insurance Company at a premium cost of $1,500. Ayes 3, Nays 0. ( #11) DETERMINATION OF WHETHER TO INITIATE RIGHT -OF -WAY VACATION AT 1304 ELMWOOD AVENUE Moorse reported that this issue grew out of the initial vacation of the right -of -way of Elmwood Avenue. After the vacation, the City discovered that a portion of the vacated right -of -way served as the only access to the Nelson property. A portion of this access is on the Johnson property. The City has since attempted to reestablish the public easement. Mr. Johnson is willing to provide an easement for the driveway, but is requesting the City vacate the lakeside right -of -way. Mr. Nelson is concerned that with the vacation of the lakeside, he would lose his only legal access to his driveway. Johnson sees the two issues as being unrelated. Is 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27,1995 ( #11 - 1304 Elmwood Avenue - Continued) • Callahan clarified that the reason for the hesitation in vacating the lakeside right -of -way is the fear of cutting the Nelson's property off with no legal access. Barrett said Nelson has a prescriptive (private) easement through the continuous use over the last 25 years but not title to that property. There would be a cloud on the title without court approval. Callahan asked Barrett if the vacation could be completed without incurring liability and damaging Mr. Nelson's property. Barrett said the cloud in the title is already in place with the mistaken vacation of the alley. If the inability to use the lakeside right -of -way as an access to the Nelson property is found to be a matter of fact, and no further damage to title is found, there could be access by getting the alley back, condemning it or representing Mr. Nelson regarding the prescriptive easement. Mr. Johnson voiced his frustration with the length of time it has taken to come to any decision over the vacation of the right -of -way. He reiterated how the easement and vacation are two separate issues. Johnson feels that Nelson is entitled to the use of the road but not entitled to both accesses through the alley and through the lakeside. He said there has been an impact on the sale of properties in the area because of the right -of -way issue. Mr. Nelson read a prepared statement of his objection to the vacation of "Forest Boulevard ", as the lakeside right -of -way was once called. His opinion is that he would be landlocked if the vacation is permitted. Orono had vacated all of this lakeside road is except that portion in front of the properties owned by Johnson and Nelson. If the City vacated that part located in front of the Johnson property, Nelson feels he would be left on his own to soive his access problem. Johnson was asked by Callahan if he was willing to give the easement to Nelson, which he responded he would. Barrett said that the location of the prescriptive easement may not be the ideal way to get from the house to the road and asked Johnson if he would be willing to grant an easement to an alternate route. Johnson said he was not willing to do this. Callahan agreed that the City needs to provide access for the Nelson's. Barrett concurred; though, he believes Nelson would have legal access through prescription. It was discussed that if Johnson gave prescriptive easement to Nelson and the action was uncontested in court, the cost would be about $2,000. The Council would then take action on the lakeside right -of -way vacation. Nelson was agreeable to this solution as were the members of the Council. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 ( #11 - 1304 Elmwood Avenue - Continued) Callahan moved, Jabbour seconded , to instruct the City Attorney to act on the • prescriptive easement to gain legal easement for the best scenario that exists for the driveway for Mr. Nelson. Johnson is to provide an easement at no charge to the City. Nelson is to take the vacation through to the Planning Commission if needed. If not needed, vacation to be brought to the Council. Staff will hold up the vacation for 45 days, or until compliance on prescriptive easement, whichever is shorter, and notify landowners of the initiation of legal action regarding the prescription easement. Ayes 3, Nays 0. ( #12) HIGHWAY 12 SAFETY IMPROVEMENT AND AGREEMENTS Mayor Callahan said he had two contracts before him for signature, and this was the first that he was aware of the amount of money the City was to pay for the semaphore at Hwy 12 and Willow Road. He asked Moorse to explain how this occurred. Moorse said the City's share of the project cost was estimated to be $75,000 until November of 1994 when the estimate was increased to $230,000. City Engineer Cook said that the holding pond requirements changed over the past years which affected costs. Also, the roadway was changed from a rural design to an urban design to reduce right -of- way needs. The other $100,000 is for a City improvement project to upgrade North Willow to facilitate the signal. Mn/DOT was unable to do this part because of the • easement and procurement process needed. Callahan said that over the seven years this project was in planning, from the beginning in persuading the state to approve the signal, to the rearrangement of Orono's end of Long Lake regarding the right -of -way, there has never been any indication of Orono being charged for the cost of this project. Gerhardson responded that when this was looked at in 1990 and found that more acquisition was needed, he had suggested storm sewers which required less acquisition; but the City knew that they would have to pay the City's portion. Callahan said he did not know this. Gerhardson said it was part of the MSA program. Callahan asked if these costs were submitted to the City after the Council passed the budget. Cook said this was so but the funding was from the MSA budget. Moorse clarified the costs for Orono to be $300,000. The costs are reflected in two phases. Jabbour referred to page two of the MSA statement which lists Orono's costs. The joint phase with Mn/DOT reflects a cost of $299,000. Moorse said the agreement with Mn/DOT is broken down in two costs of $158,000 and $41,000, totalling $199,000. The improvements to Willow intersection are an additional $100,000 for a total of $299,000. is 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 ( #12 - Highway 12 Safety Improvement and Agreements - Continued) • Callahan asked the cost of the Old Crystal Bay Road bike/hike trail for Orono. Moorse reported a cost of $235,000. Callahan asked what will happen with funding for Ferndale improvements and Co Rd 6. Moorse reported that Cook put figures together on the MSA funds which reflect these expenditures. He noted the inclusion of a $50,000 grant which was applied for to offset the cost of the trail and the possibility of other monies available. Ferndale is being shown as being improved in 1996 but could be put off until at least 1998 if funds were lacking for the CoRd 6 project. • Callahan voiced his amazement at being at the point of signing agreements with Mn/DOT for $300,000 without any priority planning having been done or attention paid to where the money was coming from. Moorse did say that two years ago, there were no plans to improve Ferndale and Co Rd 6, nor was the large cost expected for the signal, which he assumed is a high priority. Jabbour agreed with Moorse's assessment and commented on the need to address priorities on the Council agenda every six months. Jabbour said he has no intention of spending MSA funds on the bike trail at this point. Jabbour says that the Co Rd 6 project and safety improvement issues are important. He said the Council needs to assist Staff in determining the importance of these costs. A member of the public asked what would the state do if notified that there was only $75,000 in the budget and the intersection was not done. The Council reported that the light was being installed at the request of Orono for safety reasons. Council all agreed that the light was necessary, and the City did need to go ahead with the project but to keep costs down. Callahan asked if $199,000 was spent for the signal with $100,000 for Willow Drive safety improvements, if there was any more needed to make this project work. Cook responded that $300,000 is the amount needed for the signal completion. However, the amounts are estimates, and there is a possibility that the actual bids would come in at a higher cost. For example, if the $100,000 signal came in at $110,000, Orono would be responsible for 25% of that additional cost. Callahan voiced the question of whether the City must pay whatever the state says and whether the City has any control whatsoever of these costs. Moorse suggested the agreements not be signed until the final bids are in so the dollar amount is based on the actual bids. The formulas for the state aid were discussed. Moorse said that Staff has not asked the state if the formula can be changed. The various costs for sidewalks, utility improvements, and street lighting to be shared with Long Lake were discussed. Council felt that these improvements could be eliminated to save money. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 ( 912 Highway 12 Safety Improvement and Agreements - Continued) • Jabbour moved, Goetten seconded, to give authorization to the Mayor to instruct Staff to reduce costs of the project and to sign necessary agreements to allow the work to be completed. Ayes 3, Nays 0. Cook commented that members of the Council could attend the next meeting set up with Mn/DOT. Callahan agreed to attend this meeting. Callahan asked if there were other means to pay for the intersection other than by MSA funding. Moorse said assessing had not been discussed. This had not been done at Brown Road because of already having the money in place for the road. Callahan said the Brown Road project was a smaller amount but it did not seem fair to assess for the Willow Drive project when the North Brown Road project was not assessed. Cook suggested a bond measure but Callahan was not receptive to this idea. Jabbour asked if MSA funding could be Iost in the future as happened with HACA. Cook did not think so as this funding has been in place for many years. Jabbour said that it is the perception of the general public that all roads are built with MSA funding. The public needs to be made aware that this is not so and be given an understanding of how MSA funding operates. Jabbour also reiterated that the MSA funds will not be used for the trail system, and the Park Commission needs to be made aware of this. CITY ATTORNEY'S REPORT City Attorney Barrett waived his report. (* #13) LICENSES Jabbour moved, Goetten seconded, to approve a set -up license for Don Scherven, Navarre Lanes, Inc., at 3435 Shoreline Drive. Ayes 3, Nays 0. (- #14)BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 3, Nays 0. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27, 1995 ADJOURNMENT • The meeting was adjourned at 10:04 p.m. by Mayor Callahan. ATTEST: Dorothy M. "a in, City Clerk • • 1 Edward J. Callahan, , Mayor 13