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HomeMy WebLinkAbout06-26-1995 Council Minutes1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 1995 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr. and Council Members J. Diann Goetten and Gabriel Jabbour. Council Members Charles Kelley and JoEllen Hurr were absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gafiron, 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 Items #8, 13, 14, and 15 were added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 3, Nays 0. ( #2) 7:00 P.M. PUBLIC HEARING - WILLOW DRIVE IMPROVEMENT Cook reviewed the plans to reconstruct Willow Dive along Hwy 12 to 500' north of Hwy 12, which will eventually tie in with the proposed frontage road. This project includes concrete curb and gutter with a turn lane at Willow to mirror design for Willow on the south side of Hwy 12. There will be two lanes, along with the turn lane, and a is right turn lane into the nursery. Cook said the original proposal called for the improvement to end beyond the Otten drive. This has been extended to clear the Otten property. Lower cost options were considered but concern was with the heavy traffic entering and leaving the nursery. The cost of the original plan was estimated at $130,000. To scale back to the $100,000 amount would mean the improvement would not extend to the Otten driveway. The project cost is $157,692. The plan is to assess 25 %, or $39,423, to the adjacent property owners on both side of the road. An amount of $19,711 will be assessed to each of the benefited properties. Callahan asked for clarification of the right turn lane from Hwy 12 to Willow. Cook said there will be a single lane on Willow, with a left turn lane for the signal, and a thru lane to go south or to the west. There would be a thru lane with a right lane into Otten's nursery. The road would taper off to the normal width of the road. There would be no acceleration lane coming out of the Otten property. Those vehicles would go into traffic immediately. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 ( #2 - Willow Drive Improvement - Continued) • Moorse noted the purpose of this meeting was to receive input from the public on the project only. Discussions and decisions regarding assessments would be done at the assessment hearing scheduled for a later date. A 4 /5th majority vote is needed to adopt the resolution. With only three members present, this cannot be accomplished at this time. Cliff Otten said not talking about costs when talking about the project is not a good idea. He felt it was a good project. Otten noted that Willow Drive is a major connector with Brown Road ending at Hwy 12 and at CoRd 6 and Old Crystal Bay Road ending at CoRd 6. Otten felt only two owners being assessed is harsh. It was his opinion that Willow is in need of repair along its entire length from Hwy 12 to County Road 6. Otten felt all of Willow should be reconstructed and costs of the entire improvement be spread to all the owners. He also noted that the Brown Road improvement was MSA funded, but no assessments were done. Callahan said Otten's points were reasonable and would be considered. In asking if the project was okay, Otten said he felt it was grander than he expected it to be. Cook said a decision on the resolution should be made by the second meeting of the Council in July. • Lois Matheson, 900 Willow Drive, located halfway between Hwy 12 and CoRd 6, asked if the improvement would extend to her residence. Callahan said the current project only extends 650' from the intersection of Hwy 12 and Willow Drive. The projected improvements for the portion of Willow extending to her residence is several projects down on the City's priority list of improvements. • ( 0) INTERVIEW PARK COMMISSION APPLICANTS IRENE SILBER Callahan asked Silber if the Saga Hill preservation issue was why she applied for the Park Commission. Silber said she was concerned that this would be the Council's opinion but said it was not necessarily so. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 2G, 1995 • (93 - Park Interviews - Silber - Continued) Goetten asked if her philosophy concerning Saga Hill extended to all of Orono. Silber said she is in favor of open space whenever appropriate but recognizes the need for recreation and development. Her philsophy is a balanced use. She understood the Park Commission's duties are one of serving and making recommendations to the Council, who are the decision makers. Goetten asked if she had any recommendations now. Silber noted the need to work with private land owners with large tracts of land, who would be willing to donate gifts of land when they die. Silber believes in investing the time now for future payoff. She also recommended the park fund be used conservatively. Silber said the Council's openness to creating open land such as Saga Hill is important. ANDREW MCDERMOTT McDermott presented a resume to the Council. McDermott was asked why he made the change in application from the Planning Commission to the Palk Commission. McDermott said he originally saw the growing pains of the City and the surge of growth and thought this would be the best way to serve. He then learned more about the parks, looked at all of them, and decided on applying for the Park Commission. McDermott said he has attended accessibility classes regarding the ADA, which he feels is a needed skill. He also has a background in park • planning and design and has designed wildlife refuges. He is not familiar with the comprehensive plan but has read the park survey. He is an 8 year resident of Orono and works with the Department of Interior. U McDermott said he looked at the parks and received a good report. He saw that while they were maintained, the parks had not improved. With development coming to Orono, McDermott sees changes and improvements will be needed. This is part of his work. Goetten noted the problem of money to make improvements. McDermott said the influx of new residents would bring more money in. He did not necessarily see the need to expand the park land area but trails and other passive areas should be added. Jabbour said the survey reflected the philosophy of the comprehensive plan and asked McDermott's opinion of the survey. McDermott said he agreed with the passivity concept noting the availability of recreational activities within the County parks. He remarked on the large differences between the northern and southern parts of the City. He found no problem with the recreational parks being located in other areas and saw them as complementary. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • (#4) INTERVIEW PLANNING COMMISSION APPLICANTS ELIZ.ARETH WRIGHT Wright was asked why she applied for the opening. Wright said she has been an architectural engineer for 11 years and has dealt with many city councils within the metropolitan area. She has seen many differences between cities and could bring this knowledge to her home area. Callahan noted the uniqueness of Orono with its zoning issues, hardcover thrust, and less issues of planning houses. Wright has not attended a Planning Commission meeting and has briefly looked at the Comprehensive PIan commenting on its strictness. Goetten informed Wright that the City looks for its future leaders from the commission. Goetten emphasized the zoning issues and the lake's importance with 40% of the shoreline within Orono. Wright said she lives on Lake Minnetonka and has heard the "bullets ", as she described it, concerning the City's strict ordinances, from neighbors. She said she has the time for this commitment and loves to do research. Wright saw the philosophy of development as having alot of objectivity and fairly stable. She said she is interested in other areas of the City but is not familiar with the rest of the community. She noted the lack of intense development, and the need to keep this at bay. • ELIZABETH HAWN • Hawn is a new resident of Orono but feels she can offer her expertise as a mediator and lawyer in dealing with conflicts needing resolution. Hawn feels she understands the issues and can bring a measure of fairness to the advisory board. She would like to perpetuate what she likes about the City saying she has felt good about what she has seen. Her home is located on the property proposed as the north route of Hwy 12. She previously lived in the Kenwood area since 1979 but her daughter has been involved in sports in this area. Hawn has not attended a Planning Commission meeting or looked at the Comprehensive Plan. Hawn feels she is here as a learner. She has read about the City in the Pioneer newspaper. She says she has the time to commit to the commission and feels doing your homework on issues is important in order to accomplish anything at the monthly meetings. Jabbour asked if the Hwy 12 issue was what brought Hawn to apply for the position. Hawn responded in the negative adding that the issue would outlive her. She saw the issues as being more of a City under pressure from the urban areas. She felt the demographics need to be looked at and discussed with the need for low income housing. Other issues Hawn saw as important are water quality and Hwy 12. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • RICHARD MCFARLAND McFarland was asked why he applied for the Planning Commission. McFarland said he has had many discussions about the Orono growth versus the growth in Minnetonka with a past Minnetonka mayor. His background is construction and feels he can offer some positive direction. McFarland has lived in the area all his life noting his grandfather farmed in the area. He sees Orono as having a tough, uphill road ahead with the highway issue, sewering, and additional homes. Jabbour asked McFarland how he felt Orono has been doing. McFarland said fine but the pace will need to be changed. Orono needs to see how it fits in with the encroaching urbanization, the issues with the Met Council, and MSA, and work through the logistics. McFarland says a certain degree of development will be done. Even with restraints on development, McFarland feels some will come. He does not recommend development but understands the pressure the City is under to develop. McFarland noted similar growth patterns in other cities he has worked with in Washington County. McFarland is somewhat familiar with the Comprehensive Plan as an overview. He has not attended any Planning Commission meetings. KEVIN DULIN • Dulin said he has a vested interest in the area and serving in a civic manner. He previously lived in Independence and plans for Hwy 12 ran through his property. He now lives on Lake Minnetonka. Dulin said his experience in management and planning would aid the Planning Commission. He has received a legacy of Planning Commission meetings from his neighbors with such issues as hardcover. When asked about the Comprehensive Plan, Dulin said he has browsed through it and sees the Orono philosophy as one of uniqueness with it's ruralness, yet close in with Hwy 12 and Interstate 394. The Orono philosophy is what Dulin said drew him. He sees a need for balance, and a need to control and retain the natural resources. Dulin noted how Orono was located between city and rural, contains large amounts of lakeshore, the Hwy 12 issue, and the influx of affluent residents and their influence in what is being built. .7 Jabbour asked if the City development philosophy is conducive to Dulin's philosophy. Dulin said it will affect him but shares the sense of being careful and maintaining a balance. He noted development moving west and subdivisions being built. He mentioned the differences in views in how development is handled bertween Orono and Delano. Dulin said he is sensitive to needs. Through his work with Orono Hockey and especially tryouts, he has had to field phone calls and has learned to listen without necessarily having to make a commitment. He noted his appreciation of all the individuals who have contributed to Orono Hockey. Large donations have been made, and Dulin sees the proposed hockey rink as a reality. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26,1995 • MILTON BIX Bix said he is a semi - retired attorney, which he describes as working only a normal five day work week. Bix has been involved in City government through the Minneapolis Planning Commission and the Golden Valley City Council. Bix sees this experience as an asset for this application. He is concerned about the future of Orono in maintaining itself as a residential community. Bix moved here after his wife died in 1992 because of Orono's reputation as a low - density, large lot residential area with good schools and good transportation to the downtown area. Bix said Orono has lived up to his expectations. L� Bix has seen the Comprehensive Plan and agrees with the philosophy of expanding large open spaces, wetland protection, and low - density. He is concerned with Mn/DOT and the Hwy 12 issue. Bix feels he has the time to commit to the commission and the background necessary for the position. APPROVAL OF MINUTES (* #5) REGULAR MEETING OF JUNE 12, 1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of June 12, 1995. Ayes 3, Nays 0. PARK COMMISSION COMMENTS Chair Richard Flint informed the Council that the Park Commission would like to nominate two Friends of the Park Awards to Girl Scout Troops 1210 and 1900 for their work at French Creek Preserve and to the Orono Baseball Organization for their fund raising efforts and building of the new facilities for the baseball organization. Flint would like these awards presented in August as many of the girl scouts are seniors, who have recently graduated, and will be moving on to colleges. The Council was in favor of this suggestion and will work with the Park Commission on the timing for and presentation of the awards. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present at the meeting. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • PUBLIC COMMENTS Bob Page, 3493 Crystal Place, Navarre, asked the Council to look into the increase of traffic from CoRd 15 onto Navarre Avenue and Crystal Place. Traffic has been congested in the area resulting in a back up of traffic to the Spring Park stop sign west on CoRd 15, especially during the rush hour traffic between 4:15 -5:30 p.m. Drivers have begun to turn onto these residential streets to avoid the traffic congestion. Recent accidents have brought the question of safety to the forefront of the people in the neighborhood. Page would like to see stop signs installed to slow this traffic down, naming Livingston and Navarre Lane as a good intersection at which to install a sign. ZONING ADMINISTRATOR'S REPORT (#6) #2023 BETTY SUMNER, 3131 CASCO CIRCLE - VARIANCE - RESOLUTION #3571 Mrs. Sumner was present. Mabusth reported that the applicant's property has excess of hardcover in the 75 -250' zone. There is major driveway paving, a portion of which serves neighbors' property. The applicant would like to make paving improvements over the patio areas, where plastics and chips are presently located. There would be no increase in hardcover, but the • non - structural hardcover will become more permanent. The hardcover calculations consist of 750 s.f for paving areas, with 612 s.f., or 3.4% of total, located beneath the deck already, and 138 s.f located adjacent to the garage door, serving as an area for maintenance equipment. C] Goetten asked what the hardship is for this request. Mabusth said there are limited hardcover improvements (drive, residence, walkway) on the property and applicant proposes no increases. Goetten said the Council would normally ask for removal of other hardcover when excesses occur. Mabusth said all the landscaping areas underlain with plastic have been removed prior to hardcover inventory. If this had not been done the hardcover figure would have been much higher. Goetten asked about the driveway. Mabusth said there is no change in this area. Exhibit D shows the driveway at 3600 s.f., which includes a portion used by the Becker/Marchessault property and a portion serving the house to the west. Mabusth noted the steep topographies within the drive area. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • (#6 - #2023 Betty Sumner - Continued) Jabbour asked for confirmation that the hardcover beneath the deck was already hardcover. Mabusth agreed, adding that the paving makes the non - structural hardcover more permanent. Callahan questioned, since plastic should not be there in the first place, what makes it right to pave it now? Mabusth's responded that is why the applicant has been asked to file a variance application. She noted 612 s.f of the total 750 s.f. of paving is located completely beneath the deck. Jabbour noted that he could not see giving the deck itself up, so whether the hardcover is concrete, or otherwise, does not make a difference. Jabbour moved, Callahan seconded, to approve Resolution #3571 per the Planning Commission recommendations. Ayes 2, Nays 1, Goetten. ( #7) #2024 JAMES WILSON, 2565 LYDIARD AVENUE - CONDITIONAL USE PERMIT - RESOLUTION #3572 The application is for a CUP to allow the continued residential use of the property considered a non - conforming use in the B4 commercial zone. Jabbour moved, Goetten seconded, to approve Resolution 93572 per the Planning Commission recommendation. Ayes 3, Nays 0. • ( *#8) #2027 RICHARD LEE KAIL, 3753 CASCO AVENUE - VARIANCE - RESOLUTION #3573 40 Mayor Callahan asked for clarification whether the Applicant had an updated certified survey, which Mabusth responded to the affirmative. Jabbour moved, Goetten seconded, to approve Resolution 93573. Ayes 3, Nays 0. (#9) DRAFT LETTERS TO POTENTIAL SEWER NEIGHBORHOODS - CONFIRM DATES Gaffron reported Goetten and he had recently attended a meeting of the Webber Hills neighborhood to discuss the possibility of sewering that particular area in the future. As MUSA amendments are only being approved for projects through the year 2000, Gaffron said it was difficult to decide whether to alert neighborhoods about the possibility of sewer when projects would more than likely extend beyond that time period. It was concluded that these meetings were necessary to facilitate the residents' thinking about the possibility. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • (#9 - Sewer - Continued) Staff would like to apply to the Met Council for future sewer projects. Jabbour suggested scheduling all possible projects for completion within the five year time span allowed by MUSA, knowing that they would not necessarily come to be in that time frame. If the Council agreed with the drafted letters and the proposed meeting dates, Gaffron would proceed to send out the letters. Goetten recommended proceeding. Jabbour agreed and suggested elaborating on paragraph 3 of the North Long Lake letter under "Why Are Municipal Sewers Being Considered ? ". The letter speaks of 70% of existing septic systems would need to be upgraded. Jabbour felt the residents should be informed on what would prompt a failing system, i.e. a new mortgage or selling of the property, in order not to duplicate a resident from paying for a new system along with the cost of sewering. Jabbour emphasized the City's desire to work with the residents on this issue. Jabbour also emphasized the importance of residents knowing that, even if systems are not inspected, there are triggers in place to cause a failing system to be upgraded. Goetten asked that it be made clear about the 3' separation from the seasonal high water table, and why a residence would need to come on line. It was decided that this would be embellished upon at the meeting to clarify any misunderstandings. • Callahan agreed on the need to proceed. Dates of meetings were discussed. Moorse will post the dates of the meetings and notify Council. Gafl'ron will send the mailings to the residents two weeks prior to a meeting. • MAYOR/COUNCIL REPORT Jabbour informed members of the press to note the bill passed on the House floor allowing the DNR to sell the land on Maxwell Bay. Jabbour asked Staff to extend gratitude to Representative Todd VanDellen and Senator Gen Olson for their efforts regarding this bill. Jabbour relayed information on the LMCD budget. The LMCD promised to bring reserves to a 6 -month operating level. The present budget does not reflect this promise, and Jabbour said his concerns were dismissed when voiced. Jabbour said many do not understand the purpose of the LMCD. It was noted that the surface management was conducted by the Hennepin County Water Patrol, who are budgeted through the County. Special event licensing and permits are also taken care of by Hennepin County, along with the dredging of channels and placement of buoys. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JUNE 26, 1995 • (Mayor /Council Report - Continued) The responsibility of milfoil harvesting is that of the LMCD; but it was noted, of the harvesting machines used, the harvester supplied by Hennepin County is considered the best piece of equipment. Jabbour believes the LMCD's budget should reflect the LMCD's extremely defined and narrow responsibilities. The funding is received quarterly and up front. No State aid is involved. Jabbour questioned the function of their reserve, which went up not down. The turnover of employment was noted as close to 100 %. Concern was also expressed regarding the fund allocations. Jabbour believes the funds available should be used towards the '95 budget. Callahan said there should be no need to collect funds this year and saw no reason to approve their budget, as it was in excess of what it should be, and did not do what it was intended to do. Jabbour noted that the cover letter concerning the LMCD said they are continuing to seek funding by changing legislation. This was seen as a problem, since the only changes allowed regarding water issues are done through the DNR. The Council decided to object now to the LMCD budget, which is to be acted upon at • their June 28 meeting. is Callahan moved, Jabbour seconded, to officially express the City's objections to the LMCD budget. Ayes 3, Nays 0. ENGINEER REPORT City Engineer Cook had no report. CITY ADMINISTRATOR'S REPORT ( #10) REQUEST FOR OFF -SALE LIQUOR LICENSE Moorse reported on the request for an off -sale liquor license for William Wear at the Orono Shopping Center at 2160 Wayzata Boulevard. The ordinance allows for two off - sale licenses in the City; one is presently in operation in Navarre. There are parameters within the ordinance that state an off -sale liquor establishment may not be located within 112 mile of another off -sale liquor establishment. While the two establishments within Orono are further away than this minimum, the proposed location is across the street from a Long Lake off -sale establishment. Moorse asked for Council's direction on whether to move ahead with the background investigation or if there was a need for additional information or the need for discussion. 10 i 1VIINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • ( #10 - Off -Sale Liquor License - Continued) Jabbour received clarification that the liquor license is given to the person, not to the location itself. It was noted that there are only a few areas that would qualify for an off - sale establishment. Goetten expressed her concern over liquor store locations being within such a close proximity to each other. Jabbour said there are three liquor stores within one -half mile. Callahan said if the other Council Members were not in favor of this location, a background investigation would not change the situation. Moorse questioned whether the City should proceed with the application, considering the costs to the City and applicant for this process, if the Council gives direction not to approve the license. Moorse said he would contact Mr. Wear and inform him that the Council's reaction to the application was not favorable and ask if Wear would like to proceed with the application process. Callahan said no formal action would be taken on the matter, since two members were absent, but the general consensus was unfavorable. • ( #11) PRELIMINARY PLANS FOR COUNTY ROAD 15 - RESOLUTION • Moorse reported that the County is in need of a formal resolution regarding the preliminary plans for County Road 15 east of Orono Orchard Road. It was noted that the costs are now available for the right -of -way acquisitions. Jabbour moved, Goetten seconded, to table the resolution until all members of the Council are present. Ayes 3, Nays 0. ( #12) CITY FACILITIES LANDSCAPING FINAL PAYMENT Jabbour questioned if the warranty on the landscape plantings extended from the date on which the plantings were replaced. This was confirmed. Moorse said all landscaping has been planted, re- planted, or is growing well. Jabbour moved, Goetten seconded, to approve the final payment to Midland Nursery, Inc., in the amount of $10,884 for landscaping of the City facilities project. Such payment is to be made form the Building Outlay Fund and a budget appropriation for that amount is hereby approved. Ayes 3, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 26, 1995 • ( * #13) TRANSFER OF FUNDS CDBG Jabbour moved, Goetten seconded, to direct Staff to notify Hennepin County Planning and Development that the balance in the Stubbs Bay Sewer Project Connection Grant Program of $20,148 be transferred to Housing Rehabilitation. Ayes 3, Nays 0. ( * #14) REQUEST BY POLICE DEPARTMENT TO DISPOSE OF POLICE SQUAD Jabbour moved, Goetten seconded, to approve the sale of the police squad vehicle to the highest bidder as per City ordinance. Ayes 3, Nays 0. ( * #15) ACCEPTANCE OF DONATION Jabbour moved, Goetten seconded, to approve the acceptance of the donation of a mountain bike to the Orono Police Department from Mr. Peter Wells, and to express the appreciation of the Council and the Police Department to Mr. Wells for the donation. Ayes 3, Nays 0. ( #16) EMPLOYMENT MATTER Jabbour moved, Goetten seconded, to accept the resignation of Police Chief Sullivan and • to approve payment of the proposed severance package. Ayes 3, Nays 0. • CITY ATTORNEY'S REPORT Barrett had no report at this time. ( * #17) LICENSES There were no license applications. ( 418) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 3, Nays 0. 12 . I, MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JUNE 2b, 1995 • ADJOURNMENT • • Mayor Callahan adjourned the meeting at 9:10 p.m. 0 Edward J. Calla n, Jr., Mayor ATTEST: 13