HomeMy WebLinkAbout04-24-1995 Council Minutes' ORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 249 1995
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The Council met on the above date with the following members present: Mayor Edward
Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, JoEllen Hurr, and
Charles Kelley. Representing Staff were City Administrator Ron Moorse, City Attorney
Tom Barrett, Public Works Director John Gerhardson, City Engineer Glenn Cook, and
Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m.
( * #1) CONSENT AGENDA
Item 97, Hillside Place Administrative Appeal, was tabled at the request of the applicant.
Hurr moved, Goetten seconded, to approve the Consent Agenda. Ayes 5, Nays 0.
( #2) PUBLIC HEARING - PERMANENT CLOSURE OF OLD BEACH ROAD
7:00 -9:20 P.M.
Moorse introduced the subject and background of the proposed permanent closure of Old
Beach Road. This road connects County Roads 19 and 15 and is used to bypass the
intersection of CoRds 19 and 15. The traffic safety concerns go back to the mid 1980's.
At that time, truck traffic was restricted from the roadway. Approximately one year ago,
residents expressed renewed concerns regarding safety. Staff has been working with the
• residents and the County to identify problems and develop solutions.
Moorse identified the traffic safety problems. One cause is traffic volume. Old Beach
Road was designed as a local residential roadway. These usually carry about 500 cars
per day. Collector roads carry between 1000 -2500 cars per day. According to recent
counts, Old Beach Road has been carrying about 3600 cars per day. A second cause of
concern is the street design. The road is 24' width with 3' shoulders until the Minnetonka
Beach area, where it narrows to 20 -1/2', at the same location as a curve and a hill. The
third cause is the speed of traffic, which is generally higher than the 30 mph speed limit.
Cars traveling on the road have come from a road with a 40 mph limit. When they turn
onto the shortcut, there is a tendency to speed. Once they come to the area with the hill,
where speed should be limited to 20 -25 mph, it becomes dangerous, due to bad site
distance.
Another factor of concern is the unprotected turns from Old Beach Road to County Road
19, and from the County Road 15 to Old Beach Road. There are about 3300 vehicles
turning on or off this road. The main problem is with the left turns from Old Beach Road
to CoRd 19 or CoRd 15 to Old Beach Road, where both must go across lanes of traffic.
1
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( 92 - Old Beach Road - Continued) •
Staff has worked with the residents and Hennepin County Dept of Transportation to
develop alternative solutions to these problems. One alternative solution is speed
enforcement. With the high volume, this would be only temporary; as history shows,
speed is increased once police leave the area. An extensive effort would be needed.
This, however, would only respond to the Old Beach Road problem and not to the
turning movements problem.
Moorse identified another alternative solution as reconstructing Old Beach Road to MSA
standards as a collector road. This is an expensive alternative. Old Beach Road is not
eligible for MSA funding. This also would not solve the turning issue; and in fact, would
draw more traffic and increase the number of turns. CoRds 15 and 19 were designated
for handling that traffic; and this solution would be a duplication of that effort.
A third solution would be to restrict or eliminate the connection between Old Beach
Road and County Roads 15 and 19. The purpose would be to shift the thru traffic to
CoRds 15 and 19. The best alternative was found to use a cul -de -sac, which would
eliminate the traffic. It is Staffs recommended solution to install the cul -de -sac at the
CoRd 19 end of Old Beach Road.
The advantages found to this solution are the elimination of the safety problem on Old
Beach Road that is being caused by the high volume of through traffic; the shift of traffic •
volumes to the roads designated to carry higher volumes; and the shift of turning
movements to a controlled intersection that is much better designed to facilitate these
movements. When open, the road allows left turns at CoRd 15 and at CoRd 19 resulting
in two unprotected left turns. The solution of a cul -de -sac places the turns at one spot
which is a controlled intersection and cuts the amount of turning, movements in half. In
discussions with the County over the operation of the intersection, the County said the
impact on the level of service should remain at the same level it is now, which is a "b ".
There are six different levels, a -f, "b" being good.
The disadvantages with the installation of a cul -de -sac are that it would cause longer trips
between CoRds 19 and 15; the potential of blocking of access to some of the homes if the
cul -de -sac becomes blocked at any point along its length; and Old Beach Road would not
be available for use as an alternate route between CoRd 19 and 15 if a temporary closure
of the intersection of CoRd 19 and 15 were to occur. In balancing the pros and cons, the
advantages to the safety improvements point to the recommendation for the installation
of the cul -de -sac.
Moorse relayed other related items. The cost of the cul -de -sac improvement is estimated
at $9,500. The residents on Old Beach Road have agreed to pay the full cost of installing
the cul-de -sac. The property owners affected have verbally agreed to providing the
necessary easements; and the costs involved with the acquisition, if any, will be borne by
the Old Beach Road residents. •
2
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
(##2 - Old Beach Road - Continued)
• All emergency vehicles will be coming to Old Beach Road from County 15. The one
access from County 15 to Old Beach Road will be adequate to provide for emergency
vehicle access. The construction of the cul -de -sac is recommended to include the
retention of an eight foot wide section of pavement from the southern edge of the cul -de-
sac to CoRd 19. This will provide an alternate access for emergency vehicles in the case
of a blockage at the northern portion of Old Beach Road.
Lastly, in relation to how this solution would relate to other roads that have been
proposed for cul -de -sacs, this has been found to be a unique roadway. The sheer volume
of traffic on Old Beach Road is many times higher than the volumes on any other
residential streets where cul -de -sacs have been or could be requested. The design, layout
and topography of the street make this roadway particularly prone to safety problems
with higher volumes and higher speeds. This closure would shift a very high volume of
turning movements to a much safer location, a signalized intersection. Both CoRd 15
and CoRd 19 are in place and built to handle the traffic.
Callahan asked Moorse if a study in time differential has been conducted. Moorse replied
that the Staff did not conduct such a study, but a resident study indicated the cul -de -sac
would result in a somewhat longer trip between County Roads 19 and 15.
Chief Sullivan was asked to comment on any problems since the temporary closure was
• made. Sullivan said there has been one major accident after the closure. There has
shown to be only minor inconvenience, otherwise, and noted roads available to divert
around on North Shore Drive. There generally has been no problems, and Sullivan
voiced his support of the effort to permanently close the road.
Callahan asked the public for a general show of Orono residents present and opened the
forum to the public for comments.
Kirk Sherman of 2505 Old Beach Road represented the 15 homeowners along Old Beach
Road, who support the recommendation to permanently close the road. Sherman said an
intense study has been done for the last year. During 1992 -93, the City was adverse to
closing by cul -de -sac and looked at other options with John Gerhardson.
Sherman said the key issue of safety came to a head with school bus incidents. The road
by design is narrow. If a car attempts to pass the bus, the car narrowly misses the
children. Three such incidents occurred in a one week period. A petition was passed
around and lead to the temporary closing in January.
•
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #2 - Old Beach Road - Continued) •
Sherman reported that police enforcement, with the number of cars and speed, is only a
temporary solution to the problems. He noted a count was conducted by the County in
October showing 3600 cars on the road during a 24 -hour period. This is an average of
180 cars per hour, which peaked at 400 cars per hour during the evening drive home and
350 cars per hour in the morning hours. These peaks occurred at the same time as the
school bus routes travel on the road.
Sherman said the road design contains a hill near the border. Five driveways enter within
a short distance of the crest of the hill and extreme care is needed in entering the
driveways or roadway.
Sherman recognized the inconvenience but felt the use of CoRds 15 and 19 was a
reasonable alternative. The study of the distance with the road closure would be between
.5 and .5 mile round trip. Time savings were harder to determine because of the
dependence on the traffic at the moment of travel. Left turns were more problematic
with the need to factor in the signal. In monitoring the intersection 5 -6 times, all vehicles
made it through the light except once. He noted that 95% of the intersection was cleared
and it took 1 minute 40 seconds for the light to turn from green to green again.
Sherman said the residents are 100% in support of the recommendation. The one
resident most affected by the closure is also in agreement. The residents recognize the •
cost involved but are willing to pay for the expense.
Kelley asked how many residents live on the street; 15 residents, 3 in Minnetonka Beach,
with one lot undeveloped.
Janis Thacker of 4174 Highwood Road, lived near the Narrows Bridge. She asked if the
alternative of making the road a one -way was discussed, such as going east only.
Thacker felt it was a shame to close the road and considered it a matter of elitism.
Moorse said the one -way alternative was discussed. With all right -hand turns, there is
still the traffic in the morning and 1500 cars traveling on the road. There would still be
left turns in the evening. Callahan noted the inconvenience to the residents.
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4
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #2 - Old Beach Road - Continued)
• Lawrence Murray of 145 West Point Court in Tonka Bay presented a petition with 658
signatures for the reopening of Old Beach Road. These included 571 petitions from
Tonka Bay, Shorewood, and Excelsior. Murray passed out information on a review
conducted in'93 -'94 on safety and traffic counts. He noted the timeliness as this is when
the neighbors moved in and initiated action on closing the road. The motor vehicle
accident files show 5 accidents, with one personal injury, at CoRd 15 and Old Beach
Road; 2 accidents, no personal injury, at CoRd 19 and Old Beach Road; and 61
accidents, 14 with personal injury, at the Navarre intersection of CoRds 15 and 19. He
asked the Council whose safety they are concerned with: those that live there or those
who need to go through the intersection of CoRds 15 and 19.
Murray suggested upgrading Old Beach Road to alleviate the problems in Navarre saying
this traffic is easier to divert. He also felt the counts noted regarding traffic volume were
incorrect. Murray said he had spoken with the County office representative regarding the
two counters used. One counter was reported as not working and one counter double
counted. Murray said the study was not for a 24 -hour period but from 5 a.m. to midnight
and projections were made. Murray said there is little traffic at night and less during the
day and late afternoon than noted. He said if most traffic was occurring during the
morning and evening times, compressing these figures would result in a car every 12
seconds, which he felt was not credible.
• Hurr asked him who he spoke with from the County. Murray said the name was
Lundberg, or Lundgren, but was the person in charge of traffic counts.
•
Murray also noted that maps from 1896 show Old Beach Road. Jabbour noted that the
standards followed today are not those of 1896. Callahan said the cost to upgrade the
road would be $400,000, and funds were not available. Murray said he pays by way of
his taxes.
Jabbour noted the need to deal with facts and reality and not emotions.
Callahan said he agreed with the traffic peaks at the a.m. and p.m. hours.
Hurr asked why Old Beach Road was not eligible for MSA funding. Minnetonka Beach
is not on the state aid system, and part of Old Beach Road is in Minnetonka Beach.
Ellsworth Peterson of 45 Fariboe Avenue in Tonka Bay, noted when making right hand
turns, there are no problems. The only problem is when left turns are made. Peterson
suggested building an overpass at each end to eliminate the problem. Peterson has lived
in Tonka Bay for 25 years.
5
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( 92 - Old Beach Road - Continued) •
Bruce Kelley of 2340 Fox Street said he was opposed to the closing. Kelley said the
road has been there for years and residents moving in now should accept that fact. He
noted the inconvenience of the closure with 3300 trips from cars daily, or one million a
year. Kelley asked for the road to remain open and improvements made to the road.
Richard Brown of 2685 Shadywood, noted the safety issue. Down at the corner of CoRd
19, there is a sharp left turn to be made. There are 18 driveways within 100' of the
corner. If making a left turn, there is then a problem. There is also a problem with going
from four lanes to two lanes. Brown also noted that the school bus goes on CoRd 19
and maybe CoRd 19 should also be closed. Brown felt more accidents would occur by
making people go through the CoRd 19 intersection. This intensifies the situation and
feels there is no justification to increase the traffic.
Steve Bakke of 2765 Pheasant Road is opposed to the closing. Bakke presented a
summary from the information meeting on Thursday. Many of the issues raised were
discussed tonight. He reiterated the traffic count disparity. He noted the reality of the
use of Old Beach Road for connection between CoRd 15 and 19. Bakke asked why the
need for the trade off. Bakke felt the use of Old Beach Road was better for safety. He
did not agree with the 1800 cars in a four hour period assessment. He said that would
result in a car every 8 seconds. Bakke would like to see the traffic count reassessed.
Bakke thought that special treatment was being given to the few people who live on Old •
Beach Road and not to the many. Bakke noted other examples of safety issues, on
Shadywood, on CoRd 15 and 19. Bakke said Kelly Avenue is also used as a short cut,
and why not close this road also. Bakke said the issue was safety not inconvenience.
Bob Gates of Navarre noted the tragic build -up going west on CoRd 19 with no left hand
turn signal. He noted when coming from O'Sullivan's, there is a big traffic build -up. He
also noted when traveling CoRd 15 going east, there is no turn signal either. Gates said
the city should look at these areas before adding more traffic to the area.
Margaret of 2540 Old Beach Road responded to the comment of receiving special
treatment to new residents. She said she was not a new resident. Her 8 -year old
daughter has not been allowed to use the bus. She cannot imagine walking or jogging on
the road as cars zoom by. She asked that people not pretend there is no danger,
especially with the many children on the road. '
•
6
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #2 - Old Beach Road - Continued)
•
Tom Deckel of 90 Gideons Point Road in Tonka Bay responded to the school bus issue.
He said this is a crucial area and all are concerned but rejects that the residents of Old
Beach Road have a far more serious issue than those residents of CoRds 15 and 19,
where there is greater traffic and speed. He rejects the idea that these children are subject
to greater danger. He noted that the houses are built way back on the lots. He felt the
issue would be one of isolation rather than greater risk. Callahan responded that
although he may reject the idea, there is a difference in the design and condition of Old
Beach Road from CoRds 15 and 19. Tom said that he felt Callahan and Jabbour showed
no neutrality in this issue.
Judd Mowry of 445 Lakeview Avenue in Tonka Bay noted the good layout that Moorse
did. He noted that if fire or emergency vehicle access were needed during winter months
and the entrance was blocked, snow would be pushed up against the alternate access and
would be unaccessible. He disagreed with the assessment that Old Beach Road was
unique in its street design. He said Birch Bluff was also narrow, and the manuevering of
emergency vehicles was rather dubious. He challenged the inability to keep speeding in
check. Speeds on CoRd 19 could also be checked. In relation to the posted speed of 40
mph to a 30 mph zone, the turn is difficult. He noted the example of Hwy 7, where
speeds are 45 -50 mph to CoRd 19, where 30 mph is posted. Mowry also said he lives on
a narrow road, which is posted at 20 mph. He said traffic appears to be going faster than
• it actually is and asked the chief to put equipment out to monitor what the speeds are in
reality.
•
Mowry said that there were 12 Orono residents on Old Beach Road, who were
unanimous in the closing of the road. He noted the number of petitions from Orono
residents who were in favor of keeping the road open plus the many in attendance at this
meeting. If the issue were numbers, the opening of the road was supported. If the issue
is safety, with turning and volume, this would result in pushing traffic to a more
dangerous intersection, where 14 personal injury accidents have recently occurred, and
where it is signalized. He said the City should look at signalizing other areas and wished
to know where the cost figure of $400,000 comes from.
Kirk Sherman responded to the request for additional information. He provided the
graphic for the counter taken October 6 and 7. The figures were taken from the actual
printout which recorded each 15 minute segment. Taking the hour amounf and statement
from the County, it presented a two -hump graphic. The count was begun at 3 p.m. on
October 6. Sherman noted an example of a p.m. time slot of a smaller number of cars on
CoRd 15 from Old Beach Road because of the difficulty in making the turn. There was
not a significant drop in cars between 5 -6 am. There were 150 cars through the day per
hour and then a drop at nite. Callahan said in his experience all traffic counts have had
inconsistencies. The figures can be used to aid each side in the issue.
7
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #2 - Old Beach Road - Continued) •
Pete Holmberg on Cajun Lane in Shorewood, said he tried to have the road closed on
which he lives. He noted that he has watched cars turn in front of him onto Old Beach
Road, when he is going north on CoRd 19, and half the time he beats the car and the
other half, he is beaten by 200 yards. Holmberg felt the closure was good as it eliminates
two intersections where people pull out. He suggested abandoning the road to produce
tax savings.
Roger Day of 1205 South Brown Road has used Old Beach Road for years. Day said he
is opposed to the closing, which he sees as a hindrance. He opined that the actual cost of
building the cul -de -sac was not $9,500 but maintenance needed to be factored in as well
as time consumption for snow plowings. Day felt all residents should pay for the cul -de-
sac, not just the residents on the road. Day noted that we all would like to live on a
dead -end street.
A resident, who has lived in Orono since 1927, noted that new residents are aware of the
roads when they move into the area. It seems to become a problem when they have lived
here for a year and then want changes. He asked that these newcomers leave the roads
alone.
Elmer Martinson of 2799 Pheasant Road said he has never seen a serious accident on Old
Beach Road and travels the road 3 -4 times a day. He views those turning on Old Beach •
Road allows the speed of the road to slow down. He suggested grading the hill back so
the residents on Pheasant Road can see to turn out from Pheasant Road. Martinson also
asked why the road was closed without a hearing.
Callahan said the road was temporarily closed as a result of a Council meeting, whose
agenda is posted. Hurr said no vote was taken at that time to permanently close the road.
Hurr asked the public if they would have read the notice.
Tom Meyers of 90 Tonka Bay Road noted that if a private street was made, it would
increase the value of the property on Old Beach Road. If safety is the issue, the money
could be spent to make improvements on CoRds 15 and 19.
Eldon Freese of 2648 Lydiard Avenue said he walks Old Beach Road. He noted cars do
not use the stop sign. He sees cars who wish to turn left at CoRd 19 and Old Beach
Road watch the traffic and go out without stopping. Freese said he is not for or against
the closure. He also noted cars passing on the shoulders. Freese noted the number of
accidents at the Navarre intersection and the large amount of cars travelling through the
intersection. Freese noted that the left turn arrows helped ease the situation. Freese felt
that the intersection of CoRd 15 and 19 was safer than Old Beach Road.
is
8
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #2 - Old Beach Road - Continued)
• Charlie Bookstal of 2607 W. Lafayette Road said he did not feel gross safety violations
justified the decision for a cul -de -sac. He felt there should be more ways to solve this
problem.
Mike Bloom of Minnetonka Beach, and a representative of the LMCD, who he says does
not support the road closing one way or the other as it is a land issue; but asked if the
road were closed, if Orono was willing to restore wetlands on the CoRd 15 end of Old
Beach Road. He also asked if the City would consider installing a cul -de -sac on CoRd 15
end instead of the CoRd 19 end due to the marshy land and high hill.
Marion Brown, who lives at 2685 Shadywood, said that there were no problems on Old
Beach Road at 7:15 a.m. which she walks three times a week. She asked the engineer if
the accidents reported correspond to the facts. Cook said that the numbers correspond
to those presented by Mr. Murray.
David Trudell of 2314 Old Beach Road asked what the number of accidents have been
since the turn signal was installed at CoRds 15 and 19 and since the road closure in
January of this year in relation to accidents in 1993 and 1994. Trudell noted that the
residential road was designed for residential use. Trudell said the amount of traffic from
Old Beach Road onto CoRds 15 and 19 would add 5% more cars and is considered a "b"
• rated intersection.
Steven Beck of 2795 Shadywood Road, lives near Shadywood and the Narrows Bridge.
He stated being able to live near the lake was a trade -off he made with the traffic in the
area. He wonders if the laws were strictly enforced, if this could not be a win -win
,7
situation.
An unidentified gentleman asked if the number of violations with school buses were
documented or only hearsay. He noted the ability to obtain information on vehicles with
only partial license numbers and descriptions.
Michael Trudell of 2314 Old Beach Road said there have been three occurrences where
he has personally almost been hit by a car. He said the cars were going so fast he was
unable to obtain the license numbers.
Nicole Nejechleba of 2526 Kelly Avenue noted her use of Old Beach Road from Co Rds
15 and 19. She said the turn arrow from 15W to left on CoRd 19 was only 4 seconds
long and saw no difference with a turn from Old Beach Road. She said there is a hill on
Kelly Avenue too and children are also in danger there. She questioned the special
treatment. She did not believe safety was an issue but did feel turns were an issue.
9
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #2 - Old Beach Road - Continued) •
Mrs. Burgess of 2800 Pheasant Road reported seeing Michael Trudell coming out of his
garage and straight out into the road without stopping and looking. She reported this to
Michael's father and suggested the children be taught to stop and look. Burgess
suggested a shelter be put out for the children by the Sherman property.
Bob of 120 West Point Circle in Tonka Bay said he had spoken with Glenn Cook
regarding the mileage for the street as being included in the MSA allotment. He noted
that when his own son was in high school, the bus did not turn but stopped for pick up on
CoRd 15. His son was almost hit and the license was obtained and the driver pulled over.
He suggested the bus should turn onto Old Beach Road to let children off. He was
informed that this was the case.
Dan Greer of 1980 Spates Drive reported that the volume on his road had been tested.
His road is narrow and has three roads serving it. He was told by the City that if they
were to close his road, they would also have to do the same for Old Beach Road. He
suggested looking at the management plan of the City. He said if the road were closed, it
should be closed near the lake at CoRd 15.
Mayor Callahan closed the public hearing at 8:40 p.m.
Jabbour said the issues needed to be addressed. He personally used Old Beach Road 4 -5 •
times daily and uses CoRd 15 and 19, ten times daily. The issue of property values was
not a concern. Jabbour said an educated, intelligent decision needed to be made based on
facts. Standards are set based on specific parameters within the comprehensive plan.
The degree of danger needed to be taken into consideration, and the Council acted to
temporary close the road and were within their legal powers to do so.
Goetten said she observed traffic and turns at the CoRd 15 and 19 intersection and saw
the need to make improvements here regardless of the outcome of the Old Beach Road
closure. She noted the lack of focus by people when driving, i.e., talking on the phone,
and the number of speeders. Goetten would like the police to see what improvements
they can initiate. Goetten reported that the decision was to temporarily close Old Beach
Road and research the issue from there.
Kelley reported he was intrigued by the public actions demonstrated this evening. He
said he was in favor of closing the road permanently.
•
10
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( 92 - Old Beach Road - Continued)
•
Callahan said the Council was justified in temporarily closing Old Beach Road. He said
that the Council does not have the right to instigate improvements on county roads but
can only give advice when the county is making improvements. Callahan recognized the
large amount of traffic being carried on CoRds 15 and 19 and the safety issues involved.
It was noted that Old Beach Road has been closed due to high water in the past, and
Callahan said he was well versed on the history of the road. Callahan said the road was
designed as a residential road and is unable to handle the traffic volume. He noted the
undersurface conditions with wetlands. The issue now is one of safety with the school
bus incidents as reported. He also noted the use of the shoulders by cars for passing.
Callahan said it was his inclination to leave the road closed but would like more
information on the accidents on CoRds 15 and 19 from the Engineer and Police as well as
information on the use of longer turn arrows at the intersection.
Cook reported that the green arrow was very short causing cars to attempt turns on the
yellow and red lights. Cook felt extending the time for the green arrow would improve
the situation.
Jerry Smirka of the Hennepin County Public Works, Traffic Operations Section, said he
is in charges of signals. He noted that the information on the counters was correct; one
did not work and the other could have double counted a portion of the cars. Regardless
• of the counts, it was documented that there is a high volume of traffic on this residential
street. Smirka said the City requested the turn signals at CoRd 15 and 19, and the
intersection receives a high level of service as a "b" level interesection. He noted that the
information on accidents received from the Public Works Dept was not current.
•
Smirka described the left turn arrows and how they worked at the intersection of CoRd
15 and 19. The left turn indicators were for westbound and northbound turns. This is
similar to other intersections. The time clock installed in January of 1995 allows for 5 -6
seconds of green and 8 seconds on CoRd 19. The controlled use operates Monday -
Friday, but not on weekends or from 7 p.m. -7 a.m. This was set up on a trial basis and
changes can be made to improve the situation by the use of detector loops. A loop is
used when demand shows the need and is asked for by the City. Smirka described the
efficiencies, or lack of, with loops being installed in different directions.
It was noted that Council Member Hurr will abstain from the vote on this rhatter. Hun
was concerned with conflict of interest with her position as Planner for the City of
Minnetonka Beach.
11
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( 42 - Old Beach Road - Continued) •
Kelley moved, Callahan seconded to permanently close Old Beach Road at CoRd 19
intersection with the residents funding the cul -de -sac. Jabbour asked that if the road
were closed, the road be classified as a private road giving the maintenance obligation to
the residents of the road. Kelley noted that the City had other dead -end roads where this
was not done. Jabbour asked that the motion be amended that the road be privately
maintained. Callahan said that the Council could not ask this of one particular road but
must apply the general policy to others as well. Callahan also noted that it would be up
to the City of Minnetonka Beach to make the decision about a left turn bypass lane off
County Road 15. Callahan noted that the Mayor of Tonka Bay had written a letter of
opposition to the closure of Old Beach Road. Goetten agreed that the left turn lane on
Old Beach Road from CoRd 15 was an issue to be decided by Minnetonka Beach. She
did feel that the private maintenance of the road was a valid issue. Goetten was
interested in pursuing what improvements could be made to the CoRd 15 and 19
intersection. Ayes 2, Kelley and Callahan; Nays 2, Goetten and Jabbour.
Jabbour moved, to permanently close Old Beach Road as Staff recommended due to the
safety issues with the cost paid by the residents. Barrett commented that if Jabbour was
interested in pursuing the road as private, a homeowners association must be created on
the road to mandate future ownership. Jabbour said the vehicle by which this would be
accomplished could be decided by the City and residents. Kelley noted that when
developers develop a street and turn over the street to the City, it must be done to City is
standards. This would also need to be accomplished in reverse, according to Kelley. The
City must meet the standards before giving a road up for private ownership. Gerhardson
said the road was not up to City standards by design.
Jabbour moved, Goetten seconded, to permanently close Old Beach Road with a cul -de-
sac for safety reasons provided the Staff and Attorney gain the cooperation of residents
to enter into a homeowners agreement with maintenance performed by residents on Old
Beach Road. Ayes 2, Goetten and Jabbour; Nays 2, Kelley and Callahan.
Kelley moved, Callahan seconded, to table the permanent closing of Old Beach Road to
the regular meeting of May 8, 1995 to pursue the avenues available. The road will
remain temporarily closed. Ayes 4, Nays 0.
APPROVAL OF MINUTES
( * #3) REGULAR MEETING OF APRII.10, 1995
Hurr moved, Goetten seconded, to approve the Minutes of the Regular Meeting of the
City Council of April 10, 1995. Ayes 5, Nays 0.
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12
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
PARK COMMISSION COMMENTS
•
There were no comments.
PLANNING COMMISSION COMMENTS
No member of the Planning Commission was present.
PUBLIC COMMENTS
There were no public comments.
POLICE CHIEF REPORT
Chief Sullivan called the Council's attention to Officer Bruce Anderson, who was recently
elected as the State Chairman of the MADD Organization. Anderson is currently serving
as President of the Hennepin County Chapter and will assume his new duties this
summer.
ZONING ADMINISTRATOR'S REPORT
( *#4) 1995 JOINT USE DOCK LICENSE - FOXHILL HOMEOWNERS
• ASSOCIATION - RESOLUTION #3551
Hun moved, Goetten seconded, to adopt Resolution #3551 granting a 1995 Joint Use
Dock License to Foxhill Homeowners Association. Ayes 5, Nays 0.
C7
MAYOR/COUNCIL REPORT
Mayor Callahan expressed his gratitude to the police department for the receipt of the
Police Officer Continuing Education Grant from the Long Lake State Bank.
Jabbour asked Moorse to send a letter of recognition to Mr. Keaveny for his years of
community contribution from his ownership of a local drug store.
Hurr encouraged Council members to attend the annual Police Department Appreciation
Dinner on April 29, which is being held at the Minnetonka Mist.
Kelley commented on the agenda item #12, which updates the Council on the First
Quarter Expenditures. Kelley said it makes good sense to establish where expenditures
are in relation to the budget early on in the year. Kelley recognized the Finance Staff for
an excellent report.
13
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
(Mayor /Council Report - Continued) •
Callahan brought to the Council's attention a letter from Janet McMillan regarding the
Melamed development's use of the French Lake Preserve name. Hurr commented that
the term "preserve" is a term other developers have used. Moorse opined that the name
would be used less once the development has occurred.
PUBLIC HEARING
( #5) APPLICATION FOR GRANT TO ASSIST IN PURCHASE OF LAND FOR
PARK AND OPEN SPACE USE IN SAGA HILL AREA 9:30 -10:05 P.M.
The Affidavit of Publication was noted.
Moorse reported that the proposal of the Saga Hill Preservation Committee is to acquire
11 acres of open space, which is located adjacent to the 9 acre parcel being acquired
through tax forfeiture by the City of Orono. The Committee is asking the City to sponsor
a grant application through the DNR to fund 1/2 of the project. The remaining money
needed is to be be raised through private funding. The two key questions are 1)should
the land involved in the application be preserved as open space/park land; and 2)will the
Saga Hill group and Minnesota Land Trust be successful in raising the $100,000 required
to match the grant amount. The application has to be made by the City by May 1.
Irene Silber asked that the City consider Saga Hill area as a priority for open space •
stating that the land is the largest remaining parcel in an urban setting serving a high -
density area. Callahan questioned whether the land would serve the neighborhood only
and whether it would draw people from other areas.
Kelley asked the Park Commission for their opinion. The members of the Park
Commission voted in favor of the grant application but told the group not to depend on
any park funding.
Lisa Kuegler of the Minnesota Land Trust reported that the grant's intention was for an
annual funding; but at this time, no money has been appropriated for 1996. This is the
first year of the program. Kuegler reported receiving a favorable indication of the
approval of the application if made.
Renay Leone, Executive Director of the Minnesota Land Trust, said they are a non -profit
organization, whose intent is to preserve open space in Minnesota. They have
successfully acquired 20,000 acres and are privately funded through memberships and
foundation grants, such as the McKnight Foundation. All acquisitions are subject to
board review. Park Commissioner Susan Wilson is a new board member of the
Minnesota Land Trust.
14
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
• ( 95 - Saga Hill - Continued)
Jabbour asked if all the money raised would be used for the purchase and not for
administrative costs. He received a reply to the affirmative.
Kelley asked if the land could be purchased for $200,000. Kuegler said that no fixed
price has been determined but all indications show that the bank owning the property
would sell for that price or less.
Steve Valek, a neighbor whose property is adjacent to the land in question, said he was
concerned with the possibility of a high- density park area. It was his opinion that the
land was currently listed with a realty company at a higher cost. He received
confirmation that most in attendance did not reside near the park as he does. Valek said
the group has advertised the park, and he has seen his property advertised as a thru -way
to the Luce Line trail. Callahan clarified that as part of the 9 -acre tax forfeiture land
agreement, Valek had agreed to a right -of -way contiguous to the park. Callahan said
that if the land is acquired, the Park Commission would determine the use, whether high
or low density. Callahan also noted that the concern at this meeting was only for the
grant application.
Kuegler responded that the 11 acres, owned by Midway Bank, was not listed and had no
broker. Their purpose was to put the land into public use.
• Jabbour noted that once the grant application was made by the City, matching funds
needed to be raised by the Saga Hill group. If this was not accomplished, the grant
would not be given. Active fund raising is being pursued now, and the grant will be
awarded in September of 1995. Callahan was concerned that if not all the funding was
raised and the grant was lost, what would become of the funds raised.
is
Kathryn Caswick, historian and fund raiser, told that the group had targeted three
prospects for the funds, who are mainly large foundations. Hurr warned about obtaining
a grant with "strings" attached by those contributing the funds.
Goetten was concerned with the land staying natural. Patty Affelt responded that it was
their intent for the land to remain untouched. Callahan said the type of park use or
development would be subject to determinations by future councils. Kelley said he
believed in open space and the use of park dedication fees to acquire such land. He also
said that this funding mechanism will run out at some point. Also, as the City continues
to develop, there will, at some point, be no land available to purchase as park land, and
development could happen.
15
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
( #5 - Saga Hill - Continued) •
Jabbour said he also believed in open space and obtaining land where available. He
reiterated that the City has contributed financially by taking both the 9 -acre tax forfeiture
parcel and the 11 -acre parcels off the tax rolls. Jabbour also noted that there are many
different visions of what parks should be; and future neighbors and councils may have
views different from those of the current council.
Jabbour moved, Kelley seconded, to lend the City's sponsorship to the Saga Hill
Preservation Committee to assist in obtaining the grant and authorized the Staff to
proceed with the grant application. Ayes 5, Nays 0.
ENGINEER REPORT
Cook had no report at this time.
CITY ADMINISTRATOR'S REPORT
( #6) PRESENTATION BY WESTONKA SCHOOL DISTRICT - COMMUNITY
CENTER SURVEY
Bert Haglund of TSP/EOS Architecture and Patsy Kiesow of the Westonka School
District Task Force were present to obtain an indication of support from the Council to •
conduct a community study for a possible new community center. Council had received a
letter from Michael Looby, Director of Community Education and Personnel Services for
the Westonka Public School, regarding the proposed study.
A 1993 school referendum had $1.9- million set aside for improvements to the community
building to include fire safety, accessibility, and major maintenance. A community task
force found this was not the wisest use of the funds and recommended replacement of the
existing building with a modern facility. The monies set aside would be used as a partial
funding and the remaining funds would need to be gathered. The board agreed to this if
interest was shown by the public and community.
At this time, the task force is at the step of determining community interest. The Cities of
Spring Park, Minnestrista, and Mound have given their support of the survey and also to
assist in the funding. Independence was supportive of the survey but did not commit to
any fund contribution. Haglund asked the Council for their support in surveying the
residents of Orono.
is
16
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
(#6 - Westonka School District Presentation - Continued)
• Callahan noted that it was his understanding that the City of Spring Park's contribution
was contingent on obtaining funding from the City of Orono. Callahan also clarified that
the money set aside from the referendum was to be used as seed money to obtain more
funding for the project. Haglund was asked what the taxpayers thought about this idea.
Haglund and Kiesow replied that this is the reason for the survey to find out how the
taxpayers in the school district felt about a new community center building.
Goetten voiced her concem that the voters had approved monies for an improvement to
be made, not for a referendum to get what money is needed. Haglund said that if no
support is shown for the concept, the school board will not attempt another referendum
for a new building.
No cost figures have been done for the new building as yet. It is in the conceptual
planning stage at this time. Goetten was informed that the survey itself would cost
$6,000 and will be conducted by Decision Resources.
Hurr moved, Jabbour seconded, to give support for the surveying of the school district.
Ayes 3, Nays 2, Callahan, Goetten, stating the referendum money was for improvements
only.
• ( * #7) HILLSIDE PLACE ADMINISTRATIVE APPEAL
Hun moved, Goetten seconded, to table item #7 at the applicant's request. Ayes 5, Nays
0.
( #8) KELLY AVENUE DRAINAGE
Gerhardson reported that the Staff recommended the option for a lift station for Kelly
Avenue due to cost savings. In meeting with residents, Gerhardson found that the
residents favored raising the road only and did not wish for a project which would result
in assessments to their property. Moorse commented that if the Council favored a
project requiring assessments, a scheduled assessment hearing would be conducted to
gain input from the affected residents.
Callahan asked if any other improvements would be made other than the h'ft station.
Gerhardson said the City will go ahead with the sanitary sewer repair. The road would
also be raised one foot only because of wetland mitigation. It was reported that the City
would save as much as $30,000 by having city crews complete the work rather than
private contractors.
CJ
17
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24,1995
( #8 - Kelly Avenue Drainage - Continued) is
Jabbour asked if the City raised the road only as requested by the residents, if money
would be wasted. Gerhardson said no, noting that soil borings have been completed, and
the City is aware of what work needs to be done. Kelley asked what permits were
needed since the storm sewer water is being pumped into Carmen Cove. Cook said
Watershed and DNR permits are required. Kelley asked about a possible need for
dredging in the future if sediment is pumped into the cove. Cook said that with the lift
station, only the top water is taken off of the pond. This is considered a better
environmental option. Kelley suggested raising the road one foot now and seeing down
the road what effect has been made.
Jabbour asked why the road will not be raised two feet. Gerhardson said the lift station
would accomplish the same as raising the road two feet. Jabbour felt the land should be
found to mitigate and raise the road two feet. Jabbour said if the residents did not want
the lift station in order to save from being assessed, the option of raising the road two
feet should be explored. Callahan asked if by raising the road to two feet, the road would
be widened. Gerhardson said the slope would go back further towards the resident's
property. Hurr asked what the point is in going to an assessment hearing when the
residents have already voiced that they did not wish for a project requiring asessments.
Bill Stoddard of 2605 Kelly Avenue said the residents were not unanimous regarding
raising of the road, and assessments would affect residents differently. Stoddard's desire •
is to see improvements made as soon as possible which alleviate the flooding of the road.
Stoddard recently developed a pond on his property which has aided in alleviating the
flooding but has not eliminated it. He suggested a possible curb on the road. Gerhardson
said this would not aid the flooding situation.
Nicole Nejechleba of 2526 Kelly Avenue asked that the road be raised. It was her
opinion that the pond on her property would not be flooded if the road was raised one
foot.
The Council discussed whether more public information and opinion was needed before
proceeding with the project. Hurr was in favor of gaining more input from the public.
Jabbour felt it was time to act as this project has been under consideration for many years
without any improvements made.
1
Callahan clarified the costs involved in a lift station. The total cost of $56,000 would be
paid with $11,000 by the City and $45,800 by assessment if this option was chosen. The
street construction and sanitary sewer would be paid by the City.
Jabbour moved, Kelley seconded, to proceed to repair the sanitary sewer and asked Staff
to present cost estimates for the feasibility of raising the road two feet and notifying
residents of the meeting to discuss a posssible assessment. Kelley asked Staff to report
back to Council on possible mitigation of the two feet. Ayes 5, Nays 0. •
18
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
• ( #9) HIGHWAY 12 SAFETY IMPROVEMENT PROJECT - RESOLUTIONS
#3552 AND 3553
Callahan said the Council needed to make a decision on whether to spend $300,000 for
the installation of the signal at Willow Drive and Highway 12. The contract calls for an
amount of $275,000. The difference in the cost amount is for a postponed payment for
construction of a pond north of Hwy 12. Cook commented that there was no statement
in the agreement on the postponed payment of the pond, though, the issue may come up
at a later date.
The Council was given information on the MSA cash flow balance.
Barrett referred to the contract utilities relocation on pages 8 and 9 of the agreement.
Barrett said he was satisified with the wording.
Callahan moved, Kelley seconded, to adopt Resolution 93553 approving the Highway 12
traffic signal agreement and Resolution #3552 approving cooperative agreement,
authorizing the Mayor to sign the agreements. Ayes 5, Nays 0.
Hurr asked for cost clarification. Long Lake's share of the cost is about $30,000, which
is 10% of the cost, while Orono is responsible for 40 %. The storm sewer cost is
• $135,050, $30,404 for the signal for a total of $165,453.58. The improvements to
Willow Drive will be $100,000.
Kelley asked to receive a diagram of what the intersection will look like at Willow Road
and to the north.
Barrett noted that the agreement stipulated that change orders may be recommended and
may include City participation in the cost. The agreement said that the appropriate
officials would be notified of any changes.
Cook expressed appreciation to Mayor Callahan for his work on the agreement. Cook
reported that Callahan is credited with having saved the City approximately $60- 70,000
in negotiated costs.
Jabbour commented on the need to explain to the City of Long Lake why the Orono
section of the sidewalk is not being done. Long Lake is to pay 10% of the cost and
Orono's share would have been 40 %. The estimated cost of $13,000 needs to be
recalculated. Long Lake's figure of $1,600 for the cost is in error. The Council had
decided that funds were not available to construct the sidewalk.
0
MINUTES OF THE REGULAR ORONO CITY COUNCIL '
MEETING HELD ON APRIL 24,1995
( #10) SCHEDULE PUBLIC INFORMATION MEETING REGARDING
COUNTY ROAD 15
A public information meeting was scheduled for the Council meeting of May 22 to review
the reconstruction plans for the east end and the Bracketts Point section of County Road
15.
( * #11) FEE SCHEDULE ORDINANCE AMENDMENT ORDINANCE #135, 2ND
SERIES
Hurr moved, Goetten seconded, to adopt the Ordinance #135, 2nd Series, an ordinance
amending the fee schedule to reflect the increase in building permit fees. Ayes 5, Nays 0.
( * #12) FIRST QUARTER EXPENDITURES
Council received a report on the 1995 First Quarter Revenue and Expenditures. No
Council action was required. Note Kelley's comments under the Mayor /Council report.
( * #13) BOARD OF REVIEW APRIL 26,1995 (INFORMATION ONLY)
The Council was apprised of the Board of Review on April 26, 1995.
CITY ATTORNEY'S REPORT
Tom Barrett requested adjournment to Executive Session at 11:05 p.m.
( * #14) LICENSES
Hurr moved, Goetten seconded, to approve the following licenses: Ayes 5, Nays 0.
Special Event Permit:
Septic System Installer License
Site Evaluator/Designer License:
( * #15) BELLS
Gear West Ski and Bike
Sunday, June 4, 8:00 a.m. -Noon
Duathlon (bike ride and foot race)
Don's Backhoe & Excavating, Inc.
Cologne, MN
Don's Backhoe & Excavating, Inc.
Cologne, MN
Hun moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 5,
Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 24, 1995
. ADJOURNMENT
The meeting was adjourned to Executive Session at 11:05 p.m.
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•
Edward J. Callahan, r., Mayor f L
ATTEST:
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