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HomeMy WebLinkAbout04-10-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR APRIL 109 1995 • ROLL The Council met on the above date with the folowing members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabbriel Jabbour, and JoEllen Hurr, who arrived at 5:00 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, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items 96, 9, 12, and 13 were added to the Consent Agenda. Item 910 was tabled. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 3, Nays 0. ( #2) PRESENTATION OF NATIONAL GUARD AWARD BY SCOTT BORIS Officer Scott Boris has been a National Guardsman for the past 14 years. Boris presented City Administrator Moorse and Police Chief Sullivan each with a certificate of appreciation from the National Guard for their support in allowing Officer Boris to attend • monthly drills and annual training. ( 0) PRESENTATION BY AMELIA KROEGER, WEST HENNEPIN RECYCLING COORDINATOR Amelia Kroeger has been the West Hennepin Recyling Coordinator for the past three years in seven west Hennepin cities, which include Orono. Kroeger reported that curbside recyling has been the cornerstone of the program. Other impact has come from the Goodwill recycle date, which is upcoming on May 6, the annual hazardous waste collection, the school education program, brochures, phone answering service, and the waste reduction luncheon. The philosophy of the program is not to add any products unless there is a promise to recycle. Kroeger reported on the six year history of the program; the four year abatement history, which is the percentage of estimated total curbside waste recycled; the four year participation history, where Orono remained level for several years and is now showing an increase; and the 1994 participation in curbside recycling, which showed Orono at 60 + %. The goals for the next five years are for each city to reach an abatement percentage of 25 %, participation of 701/6, establish volunteer networks, and reduce the program's • budget by 15 %. c - � c MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( 93 - Recycling - Continued) • Kroeger asked for the Council's opinion on contacting each new family in the city to introduce the recycling program. The Council expressed their support but cautioned of the magnitude of the undertaking. Kroeger suggested a stencil for park trash bins asking park patrons to recycle and reported on the implementation of a waste reduction guide, which will be delivered to each home. APPROVAL OF MINUTES ('* #4) REGULAR MEETING OF MARCH 27,1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 27, 1995. Ayes 3, Nays 0. PARK COMMISSION COMMENTS Susan Wilson reported on the Park Commission's interest in the sketch plan for Mr. Melamad on the agenda, item #8, and the interest of the Saga Hill Preservation Committee in a state grant available to cities for land preservation. PLANNING COMMISSION COMMENTS Dale Lindquist had no comments to report. • PUBLIC COMMENTS Lisa Kuegler of the Trust for Public Land reported assisting the Saga Hill Preservation Committee in their efforts to preserve additional land in the Saga Hill area next to the nine acre parcel recently acquired by the City through tax forfeiture. Kuegler reported on a grant available from the Natural Scenic Areas based on land quality. Cities need to apply for the grant and match contributions. The deadline for the grant application is May 1, 1995. A public hearing is required for the grant. The awarding of the grant will be decided by September of 1995 and must be spent by October of 1997. Kuegler said that their option with Midway Bank is to acquire the property sooner but they are interested in pursuing this grant and ask for a 1:4 match from the City. Patty Affelt reported fund raising efforts were proceeding to raise funds to acquire the land. Affelt understood that the City did not have funds available to assist but asked for assistance in pursuing the grant. Kathleen Kesrick reported on the significance of the history and religious and economic contributions of the Saga Hill area. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 • (Public Comments - Continued) Callahan expressed the Council's wish to assist the committee with support in the grant application. Callahan suggested tabling the issue for two weeks while the Staff explores the options available and report back to Council members. The Council will discuss if and how they can assist in the grant effort and schedule the public hearing if warranted. Jabbour reported that, although the City was unable to provide funds at this time, the City supports these efforts through other means, i.e., removing properties from the tax rolls, and added that the Saga Hill Preservation Committee's efforts were within the open space philosophy of the City. ZONING ADMINISTRATOR'S REPORT ( #5) #1950 GLENN UPTON, 3685 NORTH SHORE DRIVE - VARIANCES - RESOLUTION #3547 Mr. Upton was present. Mabusth reported that the applicant requested last fall to reschedule the application before the Planning Commission in order to present an amended plan. The Planning Commission unanimously approved the amended application for an addition of 195 sT of living space and an attached two -car garage. This results in an additional 68 s.f. of • hardcover in the 0 -75' zone based on the removal of several structures and pavings. The hardcover in the 75 -250' zone is located within the area of the access easement. 550 s.f. of new drive and back out apron are located in that zone. There are no other variances required. The application meets the side and street setback requirements. Goetten asked for clarification of new hardcover in the 0 -75' area. Mabusth reported that the garage is part of the new encroachment, but because of the access and utility easement, the applicant is very limited as to where structure can be placed. Goetten is not in favor of adding hardcover in the 0 -75' zone but realized the limitations of the property. Upton commented on a petition from neighbors in support of the project. Jabbour commented on the efforts made by the applicant in meeting the requirements of the City. Goetten agreed. Jabbour moved, Goetten seconded, to approve Resolution #3547. Ayes 3, Nays 0. ( *#6) #2003 ART & KATHY HENNINGSEN, 975 TONKAWA ROAD - VARIANCES - RESOLUTION #3548 Jabbour moved, Goetten seconded, to adopt Resolution 93548. Ayes 3, Nays 0. C] MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( #7) PLANNING COMMISSION RECOMMENDATION TO AMEND RESIDENTIAL CODE TO ALLOW SHELTERS FOR VICTIMS OF DOMESTIC • ABUSE Mayor Callahan provided an update on the application for a shelter to provide emergency housing for victims of domestic abuse and their families as well as counseling and support services for victims and the wider public of Orono and the surrounding cities. The Planning Commission and Zoning Administrator Mabusth were commended for their efforts in the extensive study and public information meetings regarding the shelter. It was determined that the proposed location was good with its proximity to amenities and various means of transportation. Applicant, Dan Hessburg, reported receiving a $10,000 grant from the McKnight Foundation to go towards the shelter. Jabbour commented that the review was more than site specific. The Council was looking at the possibility of a shelter in Orono overall, rather than particularly this site. Callahan said that the purpose of the present hearing was to consider if this type of shelter or use is appropriate anywhere under Orono's code. It was the recommendation of the Planning Commission to amend the code under residential zoning for this particular application or a similar situation. Callahan said that, although he understands the Planning Commission's recommendation to amend the existing residential code, he personally rejects the idea that the shelter should go into a residential zone as a concept of use. Callahan prefers that the area be rezoned commercial. A shelter representative asked for clarification to confirm what was Callahan's opinion. Hurr voiced that she preferred residential zoning with a conditional use within so many feet of residential area and would like to see the shelter go forth. Goetten felt that a CUP was a good option, but if not the general consensus of the Council, was willing to look at the issue in more detail. Jabbour concurred with Callahan on changing the zoning code. Jabbour would also like to see the shelter become a reality and felt the site was a good location for this use. Jabbour said he would have no problem with this site being commercial if the shelter did not transpire. Hurr voiced concern with the lack of a CUP in commercial zoning. Mabusth reported that the B4 zoning would also require a conditional use permit for this use. Professional office space is the permitted use in the B4, but is open to other uses such as retirement and nursing homes, with a conditional use permit. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 40 ( 97 - Shelter - Continued) A shelter representative notified the Council that the promise of state funding has been extended to August. The project needs to meet this deadline. Dan Hessburg reported concern on the landowner's part on the status of the sale of the property. Shelter representatives were informed that a zoning amendment would not hinder their time frame for the project. Mabusth reported that a public hearing would need to be held prior to rezoning, which needs a 4 /5th majority vote. Mabusth said two options would be presented, one option an amendment of residential code and the other with a zoning change to commercial, specifically to look at B -4 code. Callahan polled the Council on their opinion of rezoning to B -4 commercial with the requirement of a CUP. Hurr was not opposed to looking at this option and would like to hear from the public and the Planning Commission before a vote. Mabusth reported that the public hearing would be held by the Planning Commission. Goetten also was not opposed to looking at the pros and cons of the option and would like to hear the opinion of the City Attorney. Jabbour concurred with the other members of the Council. The public hearing will be scheduled for May. • ( #8) USE OF CITY DRIVEWAY FOR ACCESS TO PRIVATE DEVELOPMENT (MELAMED) Mr. Melamed was present. The issue before the Council was to determine if this proposed development should be allowed access via use of the City driveway. The property in question is the 15 acre Carpenter property to the east of Old Crystal Bay Road and on the north side of the entrance to French Creek preserve. The sketch plan presented two options. Mabusth reported that the first option consisted of a cul -de -sac, which would have a major impact on the land, requiring the filling of 2400 s.f. of wetland and removal of 640 trees. The applicant has reviewed option two with Hennepin County DOT, who has approved two curb -cuts, one shared and the other to serve lot 3; lot 4 shall achieve access via the use of the City driveway. Mabusth said that the issue is the code requirements if City drive were to receive a third residential curb cut. The City's desire to keep the drive private would be impacted and would bring more traffic into the park area. Council is first asked if they approve an additional curb cut and what upgrades of drive would be requested. 5 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( #8 - City Driveway - Continued) • Callahan asked what were the recommendations of the Planning and Park Commissions. Mabusth reported that the Planning Commission preferred use of the City drive for a curb cut for a shared driveway serving lots 3 and 4. Flint reported that he preferred that lot 4 not be developed. This would eliminate any impact on the wildlife area and avoid problems with entering the development from City drive. He would like to see Park Dedication fees be used to purchase lot 4. Callahan said this request was outside the parameters of the Park Commission to determine how the property is to be developed. Callahan asked Flint if lot 4 were to be developed, what his ideas were on the use of Park Dedication, whether to ask for land or money. Flint's choice would be to add land from the east side of the parcel to the adjoining park land. This would involve 8% of the land, or 1.2 acres. Hurr asked if the pump station would affect this decision, and Flint replied no, due to the wooded area. Jabbour strongly opined that the City should maintain a higher standard than asked of the public by adherence to the City code. Jabbour noted that Melamed's current use of the drive is as an easement only. The City also does not use the drive either for public works. He felt that the Planning Commission was not made aware of the philosophy of the City toward the use of the City drive in maintaining its passive, private look. Callahan asked Jabbour if he favored another option. Jabbour replied that neither option needed to be followed and the plans could be changed. He saw no demonstrated • hardship for the use of the City drive. Hurr commented that she did not see a problem with the drive access, and the proposed development was a good use of the land. Hurr said the plan meets code and access is the only problem. It was Hurr's opinion that the one curb cut would not negatively impact the park. Hurr recommended that the Park Dedication fee be received instead of land as the eastern border could be buffered by landscaping. Melamed commented that both the Planning and Park Commissions favored the curb cut to save revered pine trees along Old Crystal Bay Road. An easement given across lots 3 and 4 with a curb cut off of Old Crystal Bay Road would result in the loss of the forested look, which the preferred option would maintain. Callahan said the purpose of the 3 -house limitation on a private drive is to curb traffic on the road. This limitation does not take into account the use already in effect as a result of the MCWW pump station and the park. These uses do not violate the code. L� 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( #8 - City Driveway - Continued) • Hurr commented that a cul -de -sac is already in place for emergency vehicle turnaround. The question in her mind then is that blacktopping is the problem. Jabbour responded that he saw no hardships and the answer may be to look at changing the code. It was questioned whether changing the 3 -drive limit on a curb cut would be contrary to the comprehensive plan. Barrett responded that the ordinance controls the comprehensive plan. Callahan said he was not opposed to changing the code. Hurr felt approval could be given contingent on changing the code. Goetten was not in favor of upgrading the road or the cul -de -sac. She felt if this was solved by amending the code, then she would be open to that idea. The applicant's goal was to get a sense from the Council on whether an easement off the City driveway could be accomplished, whether through an upgrade or a change in code. Melamed also asked for the opinion on whether a covenant would be needed to preserve the woods on the east side as a buffer zone instead of either deeding the land to the City or a Park Dedication fee. He noted that an alternate septic location would need to be found meeting the 20' requirement from property line if land taken in fee. If conservation, the septic could be located against the property line. • Council asked Flint about the bike/hike trail along Old Crystal Bay Road. Flint reported that the commissioners were split on the location. The vote to take less land on the east side of the property to provide land for the trail on the west was defeated 3/2 at the Park Commission meeting. Two options were then available; one to blacktop the shoulder or two to bring the trail to the back of the property. Flint and Wilson felt it was better to take the money as enforcing an easement was difficult. A vote of 5/0 was made in favor of this option at the last meeting of the Park Commission. Council also voiced their preference in going forward with a trail along Old Crystal Bay Road and reported their consensus for the bike path on the west side of this property to Flint and Wilson. • Callahan said the Council would look at amending the code. The majority was of the opinion of keeping the entrance as suggested. Jabbour did not want to see any upgrade of the City drive; therefore, concurred with changing the code. Council recommended park dedication of land on the west side of the property and covenants or deeding of land on the east side to create a buffer. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( * #9) 1995 JOINT USE DOCK LICENSES: • RHODE/ENLOW/LINDAHL - RESOLUTION #3549 NAVARRE COVE HOMEOWNERS ASSOCIATION - RESOLUTION #3550 Jabbour moved, Goetten seconded, to adopt Resolutions #3549 and #3550 directing Staff to issue 1995 Joint Use Dock Licenses to Navarre Cove Homeowners Association and Enlow/Lindahl/Mandel for the period of January 1, 1995 to December 31, 1995. Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan asked for an update on the Willow/Hwy 12 stoplight. Moorse said he has received no definitive answer from Mn/DOT to reduce costs but would focus in on the cost of the ponds north of Hwy 12. The ponds are estimated at a cost of $60,000 and cost could be eliminated, reduced, or postponed until the City benefits from their use. Cook reported having spoken with Mn/DOT, who have now received bid tabulations. Mn/DOT told Cook they were willing to defer payment on the ponds until such time as development occurs north of Highway 12. Current costs are $175,000, with an additional $100,000 for curb and gutter and easements to upgrade the Willow intersection for the stoplight. Council all agreed they were uncomfortable with the additional costs of the project and • will discuss further when all five members of the Council are present. Gerhardson added that the preliminary plan given over the last two years was always represented as a total safety improvement project. Moorse said the construction set to start on April 17 will not go ahead without the signed agreements. Callahan had been given the approval to sign the agreement at the last Council meeting when actual costs were defined and a reduction made. A work session was scheduled for Wednesday, April 12. Callahan asked Jabbour for an update on the LMCD. A reference had been made to a voluntary compliance with boat charters to control density of the lake. Jabbour said this was in response to the Minnetonka Yacht Club converting slides to docks, which generated public input critical of the amount of traffic in the bay. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 (Mayor /Council Report - Continued) • Callahan asked about the regulation concerning shoreland docks and amendment of the LMCD code. Jabbour said the LMCD recently lost a suit in court over a property owned by four people having four boats on their dock. LMCD felt that the 80' of shoreline entitled the property to only two boats, and the issue was taken to court. Hurr asked to receive a copy of the agenda for the LMCD meetings. Jabbour said there are now two meetings per month with no committee. Jabbour reported his appreciation of the no parking signs on the county road near North Arm access and the planned Maxwell Bay access. Jabbour spoke of the issue of the DNR's attempt to sell land, which was recently heard at the House of Representatives. Jabbour asked Moorse to send letter of appreciation to several legislative representatives and staff for their support on this issue. Jabbour brought to Council's attention the lack of immediate response from Police Chief Sullivan to a request for information from the Mayor of Long Lake regarding a police investigation. Moorse said he will investigate how the issue was handled. Callahan asked that the matter be resolved by Friday, April 14. Jabbour asked that the record show that the Council had to get involved in this issue. • Hurr asked about the frequency of meetings held at the Council Chambers by the School Board. Moorse will review the schedule and determine if there are any conflicts with additional meetings scheduled when chambers are needed by the City. • Moorse reported on a scheduled meeting on the Hwy 12 mediation for April 18. Members of Mn/DOT, Long Lake, and the mediator are all available to attend the meeting. ENGINEER REPORT Glenn Cook had no report. CITY ADMINISTRATOR'S REPORT (* #10) HILLSIDE PLACE ADMINISTRATIVE APPEAL Jabbour moved, Goetten seconded to table this item. Ayes 3, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( #11) ADOPTION OF'95 BUILDING CODE - ORDINANCE #134, 2ND SERIES Mabusth reported that there has been no increase in the fee in the last eight years. • Council was asked to determine whether a full increase would occur or if the fee should be staggered. Callahan moved, Hurr seconded, to adopt Ordinance #134, Second Series, and to adopt the updated version of the Minnesota State Building Code (1 994 UBC). Staff was directed to prepare an amendment of the Orono Fee Schedule for Council's action at their April 24, 1994 meeting to reflect an increase of 40 %, which is a total increase the first year. Ayes 3, Nays 1 - Goetten, who preferred to stagger the fee amount. (* #12) EMPLOYMENT OF CSO'S Jabbour moved, Goetten seconded, to hire Christopher Fischer and Jeremiah Callaghan as part-time CSO's at an hourly rate of $6.431/hour with no benefits and exclusion from PERA membership based on the $5,00 maximum earnings stipulation (prorated to $3,825 for 1995) effective April 1, 1995. Ayes 3, Nays 0. ( * #13) TURF MAINTENANCE CONTRACT APPROVAL Jabbour moved, Goetten seconded, to award the contract for lawn maintenance for designated parks and City properties to Lawn Detailers for the 1995 season in the • amount of $14,058. Ayes 3, Nays 0. ( #14) INFORMATION SYSTEM STUDY RECOMMENDATION Staff identified the potential for significantly reducing data processingddormation systems costs through the installation of an in -house information processing system. The City has been a member of the LOGIS information processing system. Staff analyzed the LOGIS system versus in -house systems in terms of capabilities, ease of use, versatility/flexibility, and costs to determine if the City would be better served by changing to an in -house system. Staff recommended that an in -house information system be installed to replace the LOGIS system for all information processing needs except those of the Police Department. The Police Department has a police records system through LOGIS. The current analysis and recommendation do not address options for the police records system. is 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( 914 - Information System Study Recommendation - Continued) • Callahan asked about the costs involved in this undertaking. Moorse reported on the initial cost for the purchase of hardware and software and software for financial and accounting and permit systems. There would be a one -time cost of $46,946 with total net additional costs for 1995 of approximately $50,230. The cost of operating includes depreciation and payback. The schedule to repay the Improvement and Equipment Outlay Fund is five years. Hurr asked why employees will receive higher salaries. Moorse reported that the in- house responsibilities will increase with requiring employees to operate the system. These costs will only be incurred once the responsibilities exceed those presently incurred. The $11,000 salary adjustments projected for 1996 are for an increase of about 10% which includes a 4 -5% step increase. This applies to employees Lin Vee, Chris Miller, and John Olson. Hurr commented on the need to replace the LOGIS system but did not wish to commit at this time to salary increases. Moorse said external and internal analysis would be done before any salaries were raised. Staff reported having visited several sites, which use the Fund Balance System and the Banyon Data System. The Banyon System was found to have lower operating costs, and as a local company, Staff felt they would receive a higher degree of service for future needs. Other representatives of same size cities were asked if they were satisified with • Banyon, and all reports were positive. Goetten asked if the system was expandable, which Staff reported having the control to is add new systems. Hurr asked why the police department was not included in this change. Moorse said it would require the employees to become familiar with the police record software. Staff will analyze this possibility but is not part of this system change. Jabbour asked about where the hardware was coming from. Staff reported that Banyon has hardware as well as software. Microage's specialty is installing systems and had given a lower bid. It was noted that a fiber optic line did run to the Public Works Department. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 ( 414 Information System Study Recommendation - Continued) • Hurr moved, Goetten seconded, to approve the Staffs recommendation to withdraw from the LOGIS applications for payroll, financial, utility billing, and permits on or before December 31, 1995, while continuing to participate in the police records application. Staff is further authorized to implement the installation of the local area network and to acquire the Banyon Data Systems software as reflected in the report presented. The estimated project costs of $51,230 are to be funded through the Improvement and Equipment Outlay Fund and reimbursed from the projected General Fund data processing budget savings over the following five years. (Approval of projected employee pay increases are not a part of this authorization.) Ayes 4, Nays 0. ( #15) COUNTY ROAD 15 RECONSTRUCTION PLAN County representatives presented a layout of the County Road 15 plan for reconstruction. County was asked by Staff for a conceptual plan for either major maintenance or reconstruction. Council for direction regarding the two options. The City's share of the cost will be in the right -of -way acquisition as the County's design is rural with no curb or gutter. Goetten was concerned with the turn lanes presenting problems with speeding and passing. One option was to move the road 8' north at Orono Orchard due to the impact • on the area. A major turn lane area runs from Orono Orchard to Woodhill with another turn lane at Hillside Drive. The County representative will look at the encroachment areas and provide Orono with an appraisal and estimate of their costs. There are several areas where unsuitable materials are located which could prompt additional mitigation requiring more right -of- way. Temporary easements may be needed in some areas. The County representative said the speed limit on the road is currently 50 mph with a design speed of 35 mph at the curve near Orono Orchard Road. Hurr asked the County to look at mitigation of wetland. Hurr felt the general public would be in favor of the project. 7abbour asked for the input of the City of Wayzata. The County will have Wayzata review this same outlay. Callahan and Council members agreed that the project needs to be done. Callahan reported on the need for a public meeting, which will be held after review by Wayzata, and input of Council Member Kelley. 12 • 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 10, 1995 CITY ATTORNEY'S REPORT City Attorney Barrett requested adjournment to Executive Session at ll:00 p.m. (416) LICENSES Jabbour moved, Goetten seconded, to approve the following licenses: Ayes 3, Nays 0. Site Evaluator/Designer Home Occupation License (* #17) BILLS Koch's Soil Testing Loretto, MN Taylor Moor 735 Ferndale Road North Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 3, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session at 11:00 p.m. Edward J 74; Jr., M or 13