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HomeMy WebLinkAbout05-22-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR MAY 229 1995 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. (41) CONSENT AGENDA Item #8 was removed from the Consent Agenda. Items #5, 7, 16, and 18 were added. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. ( #2) 7:00 P.M. PUBLIC INFORMATION MEETING - PLANS FOR COUNTY ROAD 15 IMPROVEMENTS Callahan noted to the public that notices were sent to the property owners adjacent to the Bracketts Point section of County Road 15. This item has been removed from the agenda until the Council has had an opportunity to review the plans for this segment. The property owners were notified of this change. The purpose then of the meeting is for the County staff to present the plans for the segment of CoRd 15 from the Orono Orchard Road intersection to the eastern Orono border into the Wayzata area. The public were given an opportunity to review the layout and materials regarding this issue. Bruce Polycyzk of Hennepin County said no changes have been made to the layout from the last meeting regarding the reconstruction. At that time, the Council asked County staff to review the layout with the City of Wayzata. The Wayzata Council has adopted a resolution on the preliminary layout for CoRd 15. During the review of the layout, Polycyzk was asked why there would be an 8' paved shoulder. The road design requires the shoulder size. Because of state aid sources, the road must be designed by the state standards. No parking will be allowed on the shoulders but can be used for disabled vehicles and a walk/bikeway. The County will ask the City for a resolution to prohibit parking. It was noted that the design speed of the road is 40 mph with 50 mph further east near the City boundary. The curve area speed is designed for 30 mph. The Orono border speed limit would be posted at 35 mph. Jabbour commented that a study would be done where car speed would be clocked and an average used to see where the 35 mph should be located. The 45 mph designed road would require that the road not be posted above that design speed. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( #2 - County Road 15 Improvements - Continued) 0 Kelley ked what would happen with the unsuitable material in the area. Polycyzk said a Y PP decision had not been made as to whether to remove it or float the new road over it. The County was asked what access would be allowed during the reconstruction. The possibilities are to close off portions of the road, add detours, or narrow down the lanes. The County must allow residents the ability to get to their properties. Hurr asked when the construction is scheduled. Polycyzk said the project is funded for the 1995 year and would depend on how fast the process for approval can be completed. Kelley asked if it is better to complete the work in the wintertime due to the soils. Polycyzk said it was better but not necessary. The problem is with the portion east of the City limits where there are wetlands on both sides of the road that will need to be mitigated. Hurr said if Bagley Road were to be closed permanently, mitigation could be obtained there. Kelley asked if a lift station would need to be moved. Bruce said this would have to be reviewed. A public comment was made about the acceleration lanes. During the winter, snow is plowed into these lanes and would result in the loss of the acceleration lane. Those pulling onto the road at these times would find it difficult. Jabbour suggested • blacktopping the shoulder. Goetten asked what the steps were in the process. Polycyzk said the resolution approving layout is the first step. A comfort level with the detailed design would be found next. Time would then be allowed for the right -of -way negotiations based on the layout. Goetten asked that public notification be given regarding the process and road layout. Bruce said a letter would be sent out informing the public of the steps to be taken in the road reconstruction. Callahan inquired of the City road by the Norton property. It has been maintained as a street right -of -way and would be returned to green space. Callahan was concerned with one owner being cut off from his property near Orono Lane. Polycyzk said an agreement would have to be made and the drive relocated. A member of the public asked about the control for crossing traffic noting the difficulty in pulling out and the possibility of installing stop signs. Polycyzk said stop signs would be dangerous at this location, and lanes will be constructed for left turns. The citizen was concerned with the continuous stream of traffic and being unable to pull out at all. Polycyzk felt gaps would be created to alleviate a continuous stream of cars. • 2 • ' NffNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( #2 - County Road 15 Improvements - Continued) Polycyzk agreed that driveways and intersections are points of conflict but sees less points of conflict here than in many areas. The traffic counts were 15,000 cars daily in 1991 and estimated to add an additional 10,000 cars by 2001. The center lane will help alleviate some traffic problems. Goetten said her main concern was people using the center lane for passing. Callahan called the formal meeting back to order and asked for comments. Don Gamble said he was concerned with the road widening to two times its present width. The speed of cars on the road now is fast, and the new width will make it look like it can be travelled even faster. Gamble asked if the design can control the speed. He said the speed at Orono Orchard is now 50 mph and asked if it would be posted at 35 or 40mph. The Council said the plan is to police the road to instill the speed limits in those driving on the road. It was noted that traffic will increase on the road and make it harder to speed in the future but these concerns are valid. Hurr noted that the engineering comment was a road design for 40 mph, which means the road cannot be posted above that mark. The Commissioner of Transportation cannot increase the speed limit. It was commented that the road is a county design and cannot be posted by Orono but is a state decision. Jabbour said part of the conditions of the project approval could be not to post the road more than 40 mph. Goetten asked for a plan for police monitoring. She reiterated her concern over cars passing from the center lane noting cars now pass on both the right or left using the shoulders. Robert Floyd of West Ferndale said the road was a stop -gap measure. He noted a 60% increase in the volume of traffic. With an increase in the size of the road, more will be demanded in the future. Floyd said the long -term feeder system needs to be addressed. Callahan was unsure about the 60% increase calculation but noted the need for alternate routes. Callahan said the City is dedicated to the road from the Arcola Bridge not enlarging. It is not geographically able to expand nor is it acceptable in Callahan's opinion. Kelley said the Hwy 12 issue is a concern with growth especially from the Minnestrista area. The plans for work on CoRd 6 and McCulley Road would alleviate some traffic pressure on CoRd 15. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( 92 - County Road 15 Improvements - Continued) is Jabbour said there is P ressure on Orono for east -west through roads. There must be a network of roads to accomplish this. Watertown, Fox, and Hwy 12 are all being discussed. Council all agreed that the general movements of traffic will increase in Orono. Kelley moved, Hurr seconded to approve the preliminary plans as layed out by the County. Polycyzk asked for a decision on the alternate plan or preference for the road on Orono Orchard with a shift to the northwest or remain as layed out. Kelley asked for a shift to the north to allow more space for the property owners. Jabbour would like to consider moving the road further east on Orono Lane. Callahan said he would like the road to the south to flatten out the road and lessen the sharpness of the curve. Kelley asked if the road was moved more to the north if this would change the radius. Bruce said it would not but might impact the railroad right -of -way. Kelley said he would like to keep the radius the same and move the road to the north. Jabbour commented that, although he is for the project, the City would reserve the right to say no to the project if the money needed was found to be beyond the means of the City. Polycyzk said he would work out the details with the Staff. As far as the money is concerned, the City's participation would be the 50% responsibility for the right -of -way acquisition. Hennepin County would pay 100% of the construction costs. Jabbour asked if the County would pay for the land needed for wetland mitigation. Polycyzk said other cities generally donate the land. Both Callahan and Jabbour said that Orono would not do so. Callahan asked Polycyzk if the road was moved appreciably more than a 10' distance, if this would change the lanes or curves. Polycyzk said this would result in the right -turn lane projection being longer and give more site distance. It would also increase the cost for construction and right -of -way as we would be looking at a longer piece of road. Callahan said he would like the project to gain momentum but was not satisified with the intersection to the south. He asked if during this preliminary layout that the area be fine - tuned. Polycyzk said if the initial concept is approved, we can look at the alignment further. Henry Skarp, Orono Lane, asked if.the road were moved S' to the north, if this would cut down on the site line looking west from Orono Lane. Polycyzk said this would increase the visibility to the left and open up the view. Skarp felt this option should be considered for safety reasons. Jabbour asked that the speed limits be given major consideration. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( #2 - County Road 15 Improvements - Continued) • Kelley asked that the acceleration lanes be long enough and be paved and marked for plowing. Ayes 3, Nays 2, Goetten and Callahan Nay. Polycyzk said the County would look at moving the intersection to the east and will work with Star At the end of the meeting, Callahan asked the Council for their interest in looking at the Bracketts Point area. Callahan opined that it should be overlayed as it now stands. Kelley thought the corner should stay and new blacktop applied. Hurr and Goetten would like to look at the plan before ruling it out. The Council will direct the County to keep the road totally within the right -of -way with temporary construction easements only. The standards were given by the Council, and it was felt that the Council should look at the plans. Jabbour indicated the property owners should be heard on this issue. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF MAY 8, 1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of May 8, 1995. Ayes 5, Nays 0. ( * #4) RECONVENED BOARD OF REVIEW MEETING OF MAY 11; 1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Reconvened Board of Review Meeting of May 11, 1995. Ayes 5, Nays 0. PARK COMMISSION COMMENTS Flint invited the Council to attend the Park Tour on Monday, June 5, 1995, at 6:00 p.m. PLANNING COMMISSION COMMENTS No Planning Commission Member was present. PUBLIC COMMENTS There were no public comments. is 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 POLICE CHIEF REPORT Chief Sullivan reported that the department is taking a new approach to police service for the contract cities. These cities will be included in setting goals, and monthly dialogue is planned for more effective police cooperation and effectiveness. Sullivan said there were plans for more intensive bike patrol during the summer months with more hours set aside for this patrol. Preventive measures are being taken and have begun along the Luce Line Trail and in Long Lake Parks. The focus will be on times of heavier use, evenings and weekends, with patrol rotation and fluctuating times. Callahan commented on a letter regarding Officer Karnitz' involvement with the K -9 Corps Training. It was Callahan's understanding that the K -9 Unit had been abolished. Chief Sullivan said the officer did this training on his own time and did not inform Sullivan of this training until its completion. Officer Karnitz is a part-time officer. Hurr referred to the past experience with the K -9 Unit and problems with dogs and officers not working out well. Hurr asked for input on whether this unit should be reinstated. Jabbour said the Council should be involved in giving and getting input on this issue. With recent cases involving narcotics, murder, and forgery, this program should not be dismissed. Callahan asked for a presentation from an administrative viewpoint for a future decision by the Council. Callahan asked Sullivan of the progress in monthly communication, officers' appearance in court, and what departmental steps were being taken to assure that all court dates are being represented. Sullivan said he will initiate a policy to address this issue. Some procedural changes have been made. Subpoenas in felony cases are now being opened and monitored, where in the past, were only delivered. Callahan asked for follow -up on this matter. Callahan asked if a scholarship was provided for a girl to attend the North Tonka Crime Prevention training camp. Sullivan said $175 was approved for this funding. Sullivan informed Kelley that the department was not involved in the Interstate 394 patrol saturation. ZONING ADMINISTRATOR'S REPORT (* #5) #2008 GREG BECKER/TESSA MARCHESSAULT, 3133 CASCO CIRCLE - VARIANCES - RESOLUTION #3560 Jabbour moved, Goetten seconded, to approve Resolution 93560. Ayes 5, Nays 0. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#6) #2013 FRESHWATER FOUNDATION, 2500 SHADYWOOD ROAD - • CONDITIONAL USE PERMIT - RESOLUTION #3561 Hurr asked for an addition to the resolution. On page 3, first paragraph under Conclusions, Order and Conditions, add the word, education, to "permit continued education and research center use of the facility... ". Jabbour moved, Kelley seconded, to approve Resolution #3561 as amended. Ayes 4, Nays 0, 1 Abstain, Hurr, who is a board member of the Freshwater Foundation. (* #7) #2019 LEISEL COX, 3445 SHORELINE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION #3562 Jabbour moved, Goetten seconded, to approve Resolution #3562. Ayes 5, Nays 0. ( #8) 1995 MARINA LICENSES MINNETONKA BOAT WORKS WINDWARD MARINA • SAILORS WORLD NORTH SHORE MARINA Hurr inquired about the regulation on the use of bead -type Styrofoam material in use at Windward Marina. Minnetonka Boat Works replaced this material with an encased material and is now in compliance with the regulation. Lakeside has replaced material but has not been reinspected. Gaffron said Windward is using a non -bead type of foam material but does have 5% bead -type that the owner plans to replace with encased. The ordinance refers specifically to the bead -type and not the solid foam. A deadline of mid -May was given to Windward to complete the process. Hurr asked that their license not be issued until compliance is complete. Hurr moved, Kelley seconded, to approve 1995 marina licenses for Windward Marine, subject to compliance with the elimination of bead -type flotation material, Minnetonka Boat Works, Sailors World, and North Shore Marina. Ayes 5, Nays 0. Callahan asked that action be started to ensure complete compliance along with imposing a penalty if necessary. C7 7 I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 MAYOR/COUNCIL REPORT 0 Gott en e reported that she and Gaffron attended a discussion last week with residents of epo Webber Hills in regard to the possibility of sewer in that area. Goetten commended Gaffron on an excellent job. The Webber Hills residents have formed a committee to look into sewer connection because of failing systems in that area. Gaffron said information has not been forwarded to the "hot- spot" areas. Even without any changes to the MUSA boundaries, Gaffron felt information should now be sent to all areas to allow input from the public regarding potential for sewer connection. Callahan agreed that this would be a good idea. Jabbour asked about the progress with the Metropolitan Council. Gaffron said the application has not been formally submitted for the proposed 10 areas. Met Council staff have indicated they will only support MUSA amendments for projects to be completed by the year 2000. The May 30 mediation meeting was cancelled. No meeting date has been rescheduled. Callahan said a work session needs to be scheduled in June. Callahan also said a meeting date needs to be set in mid to late June for a citizens meeting on Hwy 12. Dates will be looked at with Mn/DOT to coordinate a meeting. ENGINEER REPORT Cook had no report at this time. CITY ADMINISTRATOR'S REPORT (#9) HILLSIDE PLACE ADMINISTRATIVE APPEAL Moorse reported that this appeal refers to property at the end of Hillside Place, which is contiguous to an unimproved right -of -way known as Wallace Avenue. The issue is one of access, whether through Hillside Place, which serves other residents in that area, or Wallace Avenue, which runs near the back yard of a home. Staff reviewed the access issue and determined that Hillside Place is the preferred access for this property. The decision is being appealed to the Council at this time. Callahan commented that the issue had been tabled until the appeal could be heard by all five members of the Council. Grace Dahl was asked if she had any comments to make at this time. Dahl inquired if the Council had her complete letter of February 22, which all members did possess. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#9 - Hillside Place Administrative Appeal - Continued) • Callahan asked if there were any comments from the public. Mrs. Matson spoke on the behalf of her husband and herself. They are against Dahl using Wallace Avenue as a driveway. This road goes to the end of their property. It was designated in 1859 for the four lots that they presently own. Wallace Avenue is not used. When zoning codes were changed, the lots were deemed substandard and unable to be sold separately. The drive is 8 -1/2' from the corner of their house. Matson said they were told that the unimproved road would never be used by anyone but by their four -lot parcel. Hillside Place access is available, and Matson feels this is the appropriate access for Dahl. Ray Pasch, 3300 Navarre Lane, said Hillside Place goes past his home. Pasch said there is no difference between Hillside and Wallace, as they are both undeveloped. He said Hillside is only passable because the Dahl property's past owner, Jacci Segner, used it to access the rear of the property and had maintenance performed on it by neighbor, Clair Rood. Pasch said Wallace is a driveway and not a road. Dahl's request was to use the northern 15' only of the 20' road, which Pasch said would increase the distance from the Matson house. Pasch said Hillside Place was a 16' driveway and is within 10' of a $600,000 home owned by Clair Rood. Clair Rood, 2215 Kenwood Way, said Hillside Place is within 10' of his garage by Bayview. Callahan agreed, but said that Rood built it himself within 10' of that road. Rood said this was true, but that it was not a problem, and thinks 10' is far enough • distance away. Jabbour remarked that during the lot line rearrangement, the egress was changed for the property, so did not see any need to further change the driveway location. Jabbour questioned how the change would affect the residences if this additional home was allowed to egress from Wallace Avenue. Gaf&on said lots 44 and the combined lots 45-47 were the subject of a lot line rearrangement subdivision. To allow the use of Hillside by the applicant property, the subdivider agreed that the previous homes using Hillside as a developed driveway would no longer be allowed to use it. A fence was installed to prevent this egress. It was noted in the resolution and agreement that if something were to change in the future, this situation could be revisited. Only two homes can egress Hillside without triggering an upgrade to road status, and there is not enough right -of -way to upgrade it or install a cul- de -sac. The subdivision applicant owned all of the lots at that time and later sold the lot in question to Dahl. The subdivision has been approved. Gaffron noted that if Dahl was allowed to access Wallace, then Segner could come back with a request to amend the agreement and re- commence using Hillside Place for access to the existing residence. Rood commented that Dahl's lot is to the north of the 8' drainage ditch. The ditch cannot be crossed nor filled in. The ditch drains into the pond on his property. Rood • emphasized that both Hillside and Wallace were driveways and not roadways. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#9 - Hillside Place Administrative Appeal - Continued) 7abbour responded that the City i good faith made the agreement based on access from • Hillside and sees no reason to readdress the issue less than six months after the original agreement was made. Goetten asked Gaffron to address the drainage issue. Gaffron said the drainage swale is in the southeast corner. The drainage issue was not addressed during the subdivision aplication. Whether or not the driveway site was usable was not brought up as an issue during the division. The owner requested to use Wallace Avenue for a driveway. The Public Works Department procedurally made the decision to deny the Wallace Avenue access for the property. In 1908, Matson's property was 1 lot, and Wallace did not exist. In 1911, there was a 4 -lot subdivision, and a 20' corridor called Wallace Avenue was taken for a right -of -way to serve those 4 lots since they needed to abut a road. Gaffron noted that if there is no public purpose served by Wallace, Wallace Avenue could be vacated, and the property would revert solely to the Matson's. Gerhardson said that he has not looked at the drainage for the lot. Callahan asked if a driveway can be constructed over the drainage ditch. Cook said a culvert could be installed to make it workable. Pasch commented that the applicant asked about the change during the application process and was told it was a public works decision. • Callahan moved, Goetten seconded, to accept the Staff recommendation and denied the appeal. Ayes 5, Nays 0. ( #10) OLD CRYSTAL BAY ROAD BII E TRAIL Moorse reported that #10 and #11 are related items but #10 is to update the Council on the status of the Old Crystal Bay Road bike trail. The Council had approved the plans and specifications and advertised for bids for the major portion of the construction in 1995. Hennepin Parks, who is to be in a joint venture and funding agreement with the City, has recently shown their concern over the Hwy 12 corridor and the impact on the Baker Park trail. Mn/DOT had involved Hennepin Parks in the CoRd 6 and Hwy 12 interchange. Hennepin Parks see a potential impact, while the Engineer designed the interchange so it should not impact the park. Hennepin Parks is uncomfortable with this summation and feels there are issues to be resolved. Hennepin Parks is not willing to proceed at this time. Moorse said some grant funds are available in 1995. Staff recommends the two segments of the trail be completed this year, and the major portion be reserved until 1996. Matching funds from the grant application are available through the DNR. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( #10 -Old Crystal Bay Road Bike Trail - Continued) • Goetten questioned if the trail segments are more costly to construct in small pieces. Moorse agreed that in general large projects are cheaper overall, but the City can use Staff to offset some of the costs. Kelley inquired if the bids would need to be renegotiated. Moorse said the contractor will hold to the bituminous unit prices. Cook agreed but Staff needs to award the bids and deduct down to a certain price. Callahan asked if any land acquisitions are needed. Gerhardson said temporary easements would be needed from the Minich and Thompson properties. Moorse said Minch was in favor of the trail but was concerned with landscape screening. Jabbour asked if the DNR grant counts towards the matching funds by Hennepin County. Moorse indicated the original agreement indicated any ISTEA grant money would be equally shared by the City and Hennepin Parks. Kelley said Jim White of the Parks Commission has spoken with the Hennepin Parks Superintendent, who approved of the plan for the trail, wanted to continue with the project, but was unable to concentrate on the project at this time due to other commitments. Is Callahan confirmed the need for the Hwy 12/CoRd 6 interchange. Callahan said the bike trail was important and should be done even without the funding in place. • Callahan moved, Kelley seconded, to proceed with the trail. Ayes 5, Nays 0. ( #11) TRAIL GRANT RESOLUTION #3563 Action on this item was taken through the motion on Item #10. Jabbour moved, Goetten seconded, to approve the construction of the Old Crystal Bay Road Bike Trail from the Dickey property subdivision to the Luce Line and from Hwy 12 north to the school property at a maximum cost of $80,000 as specified by the Engineer to be funded by $29,000 of trail grant funds and $55,100 from the Park Dedication Fund; and to adopt Resolution 93563 concurring with partial funding of the trail through the Cooperative Trail Grant program. Ayes 5, Nays 0. ( #12) PARK LAND ACQUISITION GRANT RESOLUTION #3564 Callahan asked Moorse who drafted the resolution. Moorse made reference to the DNR grant requirement. Orono would be the legal sponsor and administrator of the grant funds. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22,1995 ( #12 - Park Land Acquisition Grant - Continued) The Council was concerned with the City being responsible for the maintenance and • protection of the project. Moorse did not believe that resolution statement necessarily applied to Orono. The acquisition referred to the City's capability to acquire the property. This is sometimes used in resolutions involving acquisition and development, and only applies generally, since the City is not doing any development. Hun said she was concerned with liability and questioned the legality of requiring the citizens committee to provide the matching funding. Kelley suggested the City Attorney look at the resolution. Jabbour asked if there was a deadline date. Moorse said the application was submitted May 1, and the resolution was to be dealt with at that time. Hurr felt the Attorney should review the resolution. If the Attorney did not see any problems, then Hurr would be in approval of the resolution. Callahan was concerned that the grant staff be made aware of the conditions placed by the Council and their exact involvement. Moorse said the grantors are aware of the acquisition but is not sure they know of the requirement that the Saga Hill Committee match the funds. Jabbour felt if the grant people were not in favor of the matching fund condition placed by the Council, the funds could possibly be passed on to the next approved application. Hurr moved, Jabbour seconded, to authorize Mayor Callahan to sign the adoption of Resolution #3564 regarding the Natural and Scenic Area Grant Program park land acquisition grant, if approved by City Attorney Barrett. Ayes 5, Nays 0. ( #13) JOINT POWERS AGREEMENT - PERSONAL WATERCRAFT ON LONG LAKE Moorse presented a joint powers agreement drafted by Barrett and Moorse on the personal watercraft ordinance. The DNR requires the joint powers agreement with Orono and Long Lake to put the ordinance into effect. Kelley said he would have a difficult time voting for this agreement if Long Lake were to approve the use of Long Lake by the University of Minnesota water ski club. Kelley cannot understand how one use could be restricted over another use. Kelley would like to discuss with Long Lake their goals in this matter. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( #13 - Joint Powers Agreement - Continued) • Callahan said a joint ordinance would also be needed in regards to the water ski club. Callahan asked Moorse to meet with the Long Lake administration and decide on matters regarding the ski club, but did not believe that this should prevent the Council from entering into the joint powers agreement on an ordinance that has already been approved. There were no public continents. Flint said he was not interested in having the water ski club use Long Lake for their practices. It was his opinion that the jet skis were a bigger nuisance but both dominate the lake when used. Flint is personally in favor of eliminating motors larger than 15 hp or totally eliminating the use of boat motors on the lake. Jabbour said jet skiing is the fastest growing segment in water craft. The joint powers agreement has been on a fast track by the DNR to conclude the jet ski problem. The water ski club use is a new problem according to Jabbour. He felt the issue was not whether to ski or not, but to look at special events licensing instead of an offensive use problem. Callahan moved, Hurr seconded, to approve the joint powers agreement between the cities of Orono and Long Lake for the purpose of regulating personal watercraft on Long Lake and to authorize the Mayor and City Administrator to sign the joint powers • agreement. Ayes 5, Nays 0. • The authority of the DNR to require a joint powers agreement was questioned. Barrett referred to Minnesota State Statute 459.20, which states if a body of water is within two cities, then the joint powers statute 479.59 is taken into consideration. ( #14) FUNDING SOURCES FOR ROAD RECONSTRUCTION PROJECTS Moorse said the report was to give background for the future needs in the City for reconstruction of both non -MSA and MSA roadways. There will not be enough funds available to complete the projected roadwork. Moorse said the City cannot rely only on MSA funds, especially with the CoRd 6 project. Because of this shortage, alternative ways must be found for funding, specifically, assessing benefiting properties. The subject is being brought up now because of the Willow Drive intersection project. There are two commercial properties which are adjacent to this area. who will both benefit from the Hwy 12 safety improvement and the stoplights. These properties are generally assessed based on the benefit received. A public hearing is needed prior to awarding the bid for the project. Moorse proposes an assessment hearing at the June 26, 1995, meeting. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL " MEETING HELD ON MAY 22, 1995 ( #14 - Funding Sources for Road Reconstruction Projects - Continued) Hurr moved, Kelley seco nded rove the scheduling of an assessment hearing to be • to a pp held at the June 26 regular Council meeting for the purpose of considering assessing a portion of the Willow Drive project to the benefiting property owners. Ayes 5, Nays 0. ( #15) HIGHWAY 12 BIKE TRAIL Moorse reported that at the last Council meeting a recommendation was approved to construct an 8' pathway along the north edge of Hwy 12 from North Brown Road to Willow Drive as part of the Hwy 12 safety improvement project at a low cost to the City. It has since been found by Mn/DOT that there is not enough right -of -way for an 8' pathway, but for a 4' path instead. This area is an urban section between North Brown Road and Willow Drive with a curb. The driving surface is 12' with 8' shoulder, except where there are turn lanes. The rural section has an 8 -10' shoulder. It was noted that there has been a big increase in pedestrian traffic from the schools and Long Lake. For safety reasons, it was discussed that this would be a good idea even if it was only 4', in the interim until a frontage road is built. Callahan asked about the cost of the 4' pathway. Moorse said the cost will remain about the same if built with bituminous, $8000, as it cannot be constructed with a paver. The Long Lake side is concrete and suggested this pathway match. The cost for a 4' pathway • in concrete is $8750. Hurr commented that if the land was ever developed next to the proposed pathway, the pathway should be extended to 8'. Callahan responded that the frontage road would be constructed at that point and would be where the bike trail is located. Hurr moved, Jabbour seconded, to approve the 4' concrete sidewalk on the north side of Hwy 12 from North Brown Road to Willow Drive at a cost of $8750. Ayes 5, Nays 0. (416) EASEMENT ACQUISITION - BROWN ROAD NORTH Jabbour moved, Goetten seconded, to authorize the purchase of a drainage easement from the property owner at 915 Brown Road North for an amount of $2400.00. Ayes 5, Nays 0. ( #17) ENTRANCE SIGNAGE - CITY FACILITIES Moorse reported this sign is to be located at the base of the bermed, open space area between the City facilities driveway and Kelley Parkway. Jabbour asked about the funds left over from the landscaping. Moorse said new plantings have recently been installed and are under warranty. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 ( #17 - Entrance Signage - Continued) • Kelley asked if the sign meets the code requirements. Gerhardson will check to verify this. Callahan moved, Kelley seconded, to approve the purchase of a City facility entrance sign from Tonka Signcrafters for an amount of $798.75, to be funded from the Building Fund, and for the City to purchase the posts and install the sign. Ayes 5, Nays 0. ( * #18) PUBLIC WORKS POWER BROOM REPLACEMENT Jabbour moved, Goetten seconded, to approve the purchase of one front mount power broom from Long Lake Tractor & Equipment for an amount of $6,068.37 to be funded from the Improvement and Equipment Outlay Fund. Ayes 5, Nays 0. ( #19) SCHEDULING OF VOLUNTEER COMMISSION CANDIDATE INTERVIEWS Callahan noted that the Park Commission did not have a vice chair at this time and asked Council for suggestions. Goetten commented that all of the Commissioners are doing a good job; and in observing the Park Commission at work, Goetten felt that Lih McMillan was a good choice for this position. Hurr supported this suggestion. Flint also agreed. • Goetten moved, Hurr seconded, and moved the nominations be closed, in appointing Lili McMillan as Vice -Chair of the Park Commission. Ayes 5, Nays 0. Callahan asked Flint to inform McMillan of this decision. Moorse will also reiterate by letter. • There is one opening on the Park Commission, and one opening available in the near future on the Planning Commission. The Council will begin interviewing Park Commission candidates at the Council meeting of June 12, 1995. ( #20) REQUEST BY LORD FLETCHER'S TO USE THE CITY'S PUBLIC PARKING LOT IN NAVARRE Lord Fletcher's was represented by Assistant General Manager, Brian Windschitl. Windschitl asked for approval to use the City's public parking lot in Navarre on Fridays, Saturdays, and Sundays, May through Labor Day, for the staff of Lord Fletcher's. The restaurant will have a shuttle transporting their associates back and forth. They also will monitor the lot and keep it clean. The parking lot at the restaurant has 400 stalls, which are filled to capacity during these times. By having the associates park off their main lot, it enables all patron cars to be in their lot rather than on the street. The restaurant originally had contracted with the Freshwater Foundation but covenants restricted this use. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 Callahan asked Staff if they saw any problem with this situation. Moorse said the police monitored the lot for space and found it plentiful. There is also space available during the • daytime hours. Jabbour appreciated Mr. Naegele requesting the use of the lot. It was noted that the Lafayette Club uses the lot as overflow. Windschitl said they reevaluated how many stalls were needed and found it to be between 40 and 50 stalls. Jabbour asked that they park in a designated area away from the retail center. Kelley asked the restaurant to monitor the noise level during the early morning hours so as not to disturb the neighbors. Windschitl noted that the times are staggered when their associates would be coming and going from the lot. The major hours of use would be between 5:00 -8:00 p.m. Windschitl said the restaurant is willing to sweep the lot, landscape the area around the lot, fill in the potholes, and blacktop over these areas. Jabbour said the lot was in need of major repair and total blacktopping. Hurr asked that the work be coordinated with City Staff. Moorse said the specific amount and needs are not available for this meeting. Staff will work with the restaurant to come to a reasonable agreement. Callahan moved, Goetten seconded, to approve the request by Lord Fletcher's to allow • staff parking using 40 -50 spaces in the Navarre public lot on weekends during the summer months of 1995 in exchange for repairs to the deteriorated sections of the parking lot. Ayes 5, Nays 0. Windschitl was asked to instruct their staff in not loitering in the parking lot. ( #21) SPECIAL REVENUE FUNDS -1994 AND 1995 REVENUE BUDGETS Moorse asked the council to approve the 1994 and 1995 Revenue Budget amounts. In finalizing of the 1994 financial report, it was found that it had not included documentation for the Special Revenue Fund budgets. There is then no document to show that it had been approved. Moorse asked the Council to retroactively adopt the budget amount. Callahan moved, Goetten seconded, to adopt the revenue budgets as presented for the Special Revenue Funds for 1994: Park Fund, $21,250; Imp and Equip Outlay Fund, $98,550; Building Capital Outlay Fund, $170,300; and as proposed for 1995: Park Fund, $24,000; Imp and Equip Outlay Fund, $102,900; and the Building Capital outlay Fund, $100,000. Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Barrett requested an Executive Session. 16 ' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 • ( * #22) LICENSES There were no license applications. • ( * #23)BELLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT The City Attorney requested adjournment to Executive Session at 9:58 p.m. Edward J. Call , Jr., Mayor ATTEST: 17