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HomeMy WebLinkAbout10-23-1995 Council Minutes, i,_ t- ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 23, 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, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 6:58 p.m. ( #1) PUBLIC HEARING - OFF -SALE LIQUOR APPLICATION - WILLIAM WEAR, 2160 WAYZATA BOULEVARD 6:5 &7:11 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. s Moorse reported that an off -sale liquor application had been applied for by William Wear at 2160 Wayzata Boulevard, located on the north side of Highway 12 in the Orono Shopping Center. This property is zoned B 1 business retail. Off -sale liquor is a permitted use within this district. The City ordinance allows for two off -sale liquor licenses within the City. The second license must be located at least one -half mile from the existing off -sale liquor operation in the City. The one issued license at this time is for is an establishment in Navarre. • Mr. Wear noted that the library is no longer located in the shopping center. He said it has been his desire for quite some time to obtain an off -sale liquor license for this property. Wear said the Hwy 12 improvements eliminated a left -turn lane from the west into the shopping center. It is his opinion that this has resulted in loss of business and feels the off -sale liquor operation will aid business sales for the shopping center. Wear said he has an excellent manager in mind for the operation, who has upwards to 20 years of experience in the business. Wear said he has been in business at this location for 30+ years. He has plans to build next door but is unsure of what he will do with the building. It is possible the gas station would move to that location. There were no public comments. Callahan asked Moorse if there were requirements for police investigation. Moorse said the background investigation has been completed and found to be satisfactory. The Police Chief reported to Moorse that he saw no reason to deny the application for this business. Hurr asked if there was any other area within Navarre that the zoning would allow an off - sale liquor license. Mabusth said there was none taking in mind the 1/2 mile restriction. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 ( #1 - Off -Sale Lintior Application - Continued) Jabbour commented with o nly two licenses allowed in Orono and with only two • commercial zoning areas, one in Navarre and the other along Hwy 12, this location would be the logical place for such an establishment. Callahan said the City was in the process of looking at the zoning along Hwy 12 at this time. It was his opinion that the license should not be granted until such time that the study was completed on Hwy 12 to see what other commercial development would arise. Wear responded that there was only one more license to be issued. He noted, in speaking with state representatives, that the number of establishments was an internal issue, and the number could be increased to more than one if the City so chose. Callahan agreed that the City could reduce the number of licenses or add to it. Wear said he understood that commercial property along Hwy 12 has been sold for potential development, and this is why he has initiated the license application at this time. He noted the property is zoned for this use, and if a license is issued, he should be allowed to obtain the license. Callahan noted the close proximity of an existing off -sale liquor store in Long Lake to this location. Hun said that instead of speculating on the future commercial use of the area, and since this was a permitted use, instead of saving the license, she was in support of issuing the license to Mr. Wear. • The public hearing was closed. Jabbour moved, Hurr seconded, to approve the off -sale liquor license for Mr. Wear at 2160 Wayzata Boulevard, based on first come, first served. Vote: Ayes 4, Nays 1, Callahan. ( * #2) CONSENT AGENDA Items #4, 9, and 13 were added to the Consent Agenda. Item #15 was removed. Hun moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF OCTOBER 9, 1995 Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of October 9, 1995. Ayes 5, Nays 0. • 2 Aw MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON OCTOBER 23, 1195 • PARK COMMISSION COMMENTS Park Commissioner Howells invited the Council to attend the Park Commission meeting of November 6, 1995, at 7:00 p.m_ for the Friends of the Park Award. Callahan informed the public that this award is given to citizens in appreciation for their service to parks in Orono. PLANNING COMMISSION COMMENTS No representative of the Planning Commission was present. PUBLIC COMMENTS Scott Brown, 2673 Pheasant Road, who lives in the Mound Westonka School District area of Orono, asked for Council's support of the school levy up for vote on November 7. Brown noted the financial problems within the district. He said in polling the citizens, those that are for the levy understand it; those who are opposed are unable to explain what the levy is for. It is his opinion that if the levy was explained to the citizens, they would in turn vote for the levy. Brown said if the levy was voted down in the upcoming election, the school district has said they would reduce the school week to four days, reduce the number of teachers by 19 (reduced by 9 teachers last year), and the classroom size would increase to 44 pupils per class. He said this would probably result in the • reduction in home value for homeowners living in the district. It is his goal to campaign to inform the citizens of the need to vote for the levy. • Callahan noted that people who voted in his area for the last referendum were generally in favor of it and most school votes are very close in numbers for or against. Hurr asked if it was not a state law requiring a five -day school week. Brown said he understood it to be a matter of school hours versus days. He cited the example if the levy was turned down, the kindergarten classes would go to full days. Another problem with four -day school weeks according to Brown is that it would result in increased costs to families for day care costs. James Nystrom of 1745 Concordia on West Arm Bay of Lake Minnetonka asked the Council to reconsider his application #2057, which was denied at the September 21 meeting of the Council. It was his suggestion that it was no accident that the Planning Commission had unanimously voted for his application. Nystrom said he has spent alot of time and money on this application and ask that the full Council consider it. Only three members of the Council had reviewed the application at the time it was denied. Nystrom said the rebuilding of the house was a $400 - 500,000 project, and the application involved the need for additional 6" on each side of the home. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23,1995 (Public Comments - Continued) • Hun said she recalled the application noting the problem with side yard and roof overhang. Goetten said she would need to review the application. Callahan did note that the applicant himself was not present at the meeting where it was denied. He was represented by his architect, Greg Frazee. Callahan moved, Goetten seconded, to put the application back on the Council agenda for the November 13 meeting of the Council. Hun questioned if by law the Council can reconsider a denial within the six month time period. Barrett said a Council member who had a prevailing vote could vote to reconsider the application. Vote: Ayes 5, Nays 0. ZONING ADMINISTRATOR'S REPORT ( * #4) #1820 HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT - NORTH ARM ACCESS - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3620 Hun moved, Goetten seconded, to approve Resolution #3620. Vote: Ayes 5, Nays 0. • ( #5) #2000 CORTLEN G. CLOUTIER, 2480 CASCO POINT ROAD - CLASS I SUBDIVISION - RESOLUTION #3621 The Applicant was present. Mabusth reported that the application is for a Class I subdivision requesting the division of Lot 1 from legally combined lots 3, 4, and outlot 1. The Planning Commission had tabled all consideration of the application providing applicant adequate time to consider the impact of code and options for future divisions. The property was purchased by Cloutier in 1967, who legally combined the lots but said it was done in order to receive one tax statement. In proceeding with the review of the division of Lot 1, all LR -1C standards are satisfied. Combined lots 3 and 4 meet standards for Lakeshore lot ofLR -1C district. There was a question regarding the access driveway with the division of Lot 1. The Planning Commission was concerned if the driveway was to remain serving both lots, an easement would need to be created. It has been determined that there will be 1/2 acre of dry buildable west of the shared driveway. The area of easement driveway has been deducted. Staff supports current division of lot 1 from lots 3, 4, and outlot 1. Staff has asked to state in the resolution that the City and Cloutier agree to disagree but division may occur but future division is subject to City regulations. Cloutier informed Callahan that he has seen the resolution and is satisfied. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 . ( 95 - 42000 Cortlen Cloutier - Continued) Hurr questioned if the sewer unit has been paid. Mabusth said one sewer connection charge is to be paid but the lateral and trunk charges have been paid against the property. Two water units have also been paid. This does not include lot 3. Hurr noted that the payment of sewer and water charge does not guarantee that the lot will be buildable. Jabbour inquired about the boathouse on the property. Mabusth reported that if Cloutier desires to make any changes to the boathouse, he must apply for a variance for structural improvements. Jabbour moved, Goetten seconded, to adopt Resolution #3621. Vote: Ayes 5, Nays 0. Hurr clarified that the division of the property is not based on the connection with the ownership between family members. Mabusth concurred that this was not in the findings of-the resolution. ( * #6) #2051 MICHAEL HILBELINK, 2760 WATERTOWN ROAD - FINAL SUBDIVISION APPROVAL - RESOLUTION #3622 Hun moved, Goetten seconded, to approve Resolution #3622. Vote: Ayes 5, Nays 0. ( #7) #2041 PHIL AND DARCY OTTO, 4116 HIGHWOOD ROAD - AFTER THE is FACT CONDITIONAL USE PERMIT - RESOLUTION #3623 is The Applicants were present. Mabusth reported that the original variance application for new construction was approved for a single access off of Hghwood. The property contains steep elevations requiring cuts to gain access to the garage. Retaining walls were shown on the original plans. During construction, however, further excavation was performed, some during the digging of the well and some due to the difficulty in maneuvering at west stall, which resulted in two tiered retaining walls being constructed 4' from the lot line. A new curb cut was also created, which has subsequently been approved by John Gerhardson. The additional fill was placed in the side and rear yards. The drainage was a concern and a catch basin was discussed. Gutters and downspouts with a the funneling through to another tile was added. There was a question on how to restore the bank without encroaching the neighbor. The slope was restored with planting crown vetch and placing a curlex blanket to stabilize the soils. The Engineer has signed off on this but will reinspect during various stages of restoration. One such reinspection will occur before seeding to look at the island area and the grades. The Engineer did approve the retaining walls also. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 ( 97 - #2041 Phil and Darcy Otto - Continued) Mabusth explained that the neighbor to the east, Mr. Sauer, was concerned with runoff • from the Otto property, due to the excavation and filling, collecting in his yard. Drainage has been a problem in the past in this neighborhood. Due to this concern, the application was tabled at the July meeting until the Engineer could make a determination. The Engineer has reported that no change should occur from the 150 cubic yards of fill. Staff has recommended approval. Callahan asked if Sauer was satisified with the findings. Mabusth said a letter was sent to Sauer informing him of the Engineer's determination, and Sauer did not appear at the Planning Commission meeting to voice any further concern. Hurr inquired, if the application was after- the -fact, why the fee was not doubled. Nl'abusth said the land alteration fee of $200 should have been doubled. This is in addition to the charge for the application. Mabusth said the additional fee would go towards the costs incurred by Mabusth and the Engineer. No credit would be given for any difference. Hurr moved, Kelley seconded, to adopt Resolution 93623 with the notation that the land alteration fee would be doubled and the Engineer's cost incurred from the application would be charged to the applicants in addition to the normal fees. Vote: Ayes 5, Nays 0. (#8) #2056 MICHAEL AND BARBARA WIGLEY, 1035 TONKAWA ROAD - • VARIANCE /CUP - RESOLUTION #3624 The Applicants were represented by Landscape Designer, Matt Laue. Gaf&on reported that the request is for a conditional use permit and variance for land alteration to construct a boulder wall in the 0 -75' zone. The 75` line is approximately at the location of the house. The original application requested a boulder wall at the base of the slope as well as the top of the slope and for grading and revegetation of the slope where poison ivy is growing. The Planning Commission asked that no grading be done and saw no justification for the wall at the base of the slope as there was no visible erosion. The application was tabled to allow the applicants to revisit their plan. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 ( 98 - 92056 Michael and Barbara Wigley - Continued) • Gaffron said the revised final omits the base retaining wall and grading and calls for a 2' high retaining wall at the top of the slope where surface erosion has occurred. The wall is allow this area to be flattened out. All fabric hardcover with mulch will be removed as Laue said it serves n6 purpose. The Planning Commission recommended approval of the revised plan with the condition of the use of best management practices and erosion control. Gaffron explained to Callahan that the best management practices was a regulation created by the DNB, PCA, and MCWD to protect the water quality and required grading permits and silt fencing. Gaffron further stated that the use of the best management practices is in the City's comprehensive plan, though, it is not part of the code. Kelley moved, Goetten seconded, to adopt Resolution #3624. Jabbour asked how Staff can be sure that the boulder was would not come loose and roll down the hill. He noted that the Engineer does not usually approve boulder walls. Gaffron said the maximum height of the boulder wall is T with a small amount of excavation below the wall and a small amount of fill above the wall with a break where the boulders fit in place. Hurr noted a typing error in the resolution, which Staff reported has been corrected for • the final resolution. r� LJ Vote: Ayes 5, Nays 0. (49) #2080 GREG AND DANA KELLENBERGER, 4045 WATERTOWN ROAD - VARIANCE - RESOLUTION #3625 Hurr moved, Goetten seconded, to approve Resolution #3625. Vote: Ayes 5, Nays 0. ( #10) JOHN O`SULLIVAN, 3340 SHORELINE DRIVE, 2420 SHADYWOOD ROAD - COUNCIL DIRECTION Mr. O'Sullivan was not present. Mabusth said that Mr. O'Sullivan is of the impression that he has been singled out in the requirement of a conditional use permit for the changes he would like to make in the convenience store. Mabusth would also like Council's direction on the former Martin 66 station. There was formerly outside storage, and Mr. O'Sullivan would like to continue with limited outside storage to cease in May of 1996. It was noted that O'Sullivan has been advertising for temporary storage through signage. Mabusth asked Council if they would approve this continual storage. Hurr noted that the past storage was part of that particular business. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 (910 - John O'Sullivan - Continued) H moved Callahan seconded to table this request until Mr. O'Sullivan was present. • urr , C 4 Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan scheduled a work session to discuss City action regarding the Metropolitan Livable Communities Act for Tuesday, November 14, 1995, at 3:00 a.m. Moorse provided information for the Council via a memorandum regarding this issue and asked to be contacted if any further information is needed. Callahan suggested discussing the neighborhood sewer study at the work session scheduled above. Council Members commented on the excellent report done by Gaffron. Mahan noted that the comprehensive plan required of the Jundts was received. Goetten commented that the plan only involved the work performed so far on the property. Mabusth said Kraus Anderson said only final irrigation and plantings remain to be done. Goetten commented on a situation on Shadywood requiring the assistance of police staff. Moorse said the County has been asked to be involved in solving the problem_ PRESENTATION BY DR. MICH, SUPERINTENDENT - REGARDING ORONO • SCHOOL REFERENDUM Dr. Mich reported that the purpose of the Orono schools referendum was to create a central campus and refurbish the existing buildings, the middle school, the Schumann building, and the high school. The original library was considered to be temporary and, there is a need for new locker rooms, media center, and science area. The proposed new K -3 school building will result in all of the buildings, 4 schools total, being located on the central campus and in age - appropriate buildings. Mich said it is estimated that there would be a growth to 2900 students in 5 -7 years with a gain of 30 pupils yearly and then a leveling off of students to the current figure of 2500 -2600. Mich stressed the school board's attempt to do "double duty" by incorporating community service into the use of the buildings. He cited an example of spending $100,000 more than needed on the K -3 building to build a regular size gymnasium instead of a K -3 gym so it can be used by the community. The physical education facility to the west of the middle school would contain a synthetic floor for running which would work for use by both the physical education department and the community education department. Mich said the multiple use and central campus would be cost effective for the smaller cities served by the School District. 11 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 (Dr. Mich - School Referendum - Continued) Mich said the major portion of the referendum cost of $28,975,000 is for building the K- 3 and middle schools. He said there are competing interests in the City with the desire for open space and rural density housing conflicting with the desire for quality schools. In order to compete with other school districts, it costs the taxpayers more money. Hurr inquired about open enrollment and the cost incurred by the schools for these students. Mich said the number is 378 students; but with 70 Orono students leaving for open enrollment into other schools, the net gain is 300 students. Mich said the same facilities are needed whether for 2600 or 2900 students. He said the referendum had more to do with improving the spaces. The middle school would house the same number of students as it was built for in 1951 (400), but the facility itself is inadequate for the needs. Minch said the purpose of the referendum is to position the buildings for the future. An example was the high school's need for science rooms. The board looks at the colleges for the needs the high school students require. The high school was built in 1968. At that time, there were relative few girls involved in physical education activities, and the building needs to be changed to accomodate the physical education needs. Additional playing fields are also required. Mich said there are no sprinklers in the high school or in the building in Maple Plain. There is also the safety issue of Old Crystal Bay Road. The • plan is to redesign the area for traffic to handle parent cars and buses as well as to provide additional parking. • Callahan said he had a philosophical problem with building to accomodate more students and the end result of leveling off of students and needing less buildings. He noted the social movement toward population stabilization. Secondly, Callahan was concerned with the growth to the western part of the community. With one central campus, the growing western segment might desire to form a separate school district or its own facilities. In response to this, Mich said there are programs now mandated that were not in 1970. There are specialized areas, technology has changed, computer labs did not exist, so the school is unable to accomodate the same number of students in the same size building with all these additional needs. The space will accomodate the growth of technology while maintaining 4 schools on one site. The staff would remain the same with the move to the central campus. The only additional overhead would be for utilities and janitors. If more students arrive, then more teachers would be needed. If real growth occurred with a new school, the costs would rise. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 (Dr. Mich - School Referendum - Continued) Kelley asked if the operating costs were projected to increase. Mich said the operating • costs would increase by $200,000 per year out of a $14 million operating budget. This amount is paid by tax dollars but the school district cannot go back to the taxpayer and asked for the additional $200,000. The state tells the school district what amount they can levy. The state has withdrawn contributions to education when the State has financial problems which has produced less money for the schools on which to operate. Callahan remarked the people who turn out for voting for a referendum are generally not a true representation of the general populous. It was his opinion that the majority of a small minority of people make the decision. Callahan said he was concerned with people losing the ability to pay their increasingly high taxes. The bond would increase the taxes further by 9%. Callahan felt that the school district was budgeting for what they want and not necessarily what is needed. He was concerned that the general taxpayer did not understand the tax ramifications involved. Mich responded that in a referendum, it was one of the few times the people actually make the decision rather than delegating decisions to those they elect. He agreed that the tax system was unfair, especially to the metropolitan area, and there was a need to work with the legislature in making changes. Mich said he needed to work with the givens and look at the students and at what was best for the next century. He said it was his responsibility to inform the public and listen to their response. If the response by voting • was no, he would need to figure out what that meant. Callahan commented on the recent park survey and how it reflects on the school's swing to involving community activities in their buildings. When the citizens were surveyed on spending money for activity fields, the majority did not wish to do so. He noted that the hockey and little league association paid for their facilities with money from those people interested in these activities. Callahan questioned whether this could be done with other group interests. Mich said if the referendum fails, the usage of the activity fields by other interests would be decreased. He noted if these community interests were not at the school doors, they would be at the City's looking for alternatives. Mich said athletics was not the issue but the need to provide wholesome activities, which involves athletics. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 • (Dr. Mich - School Referendum - Continued) Goetten said during the year and a half of discussion on the new school building, the school district has not discussed with the City until recently the sewer situation. Mich said the architect and City made contact early on and was assured that the sewer connection sites were available for connection. He was asked if this occurred prior to the purchase of the land, and Mich said no. Mich said he believed sewer was always available. Goetten said the bond was in place but the costs incurred would be collected from the user. Jabbour said this would involve at least $500,000. Mich said he understood 60 units were available and the bond money provided for the connection and the charges to the schools would be the ordinary charges. Callahan said the sewer connection charges were a complicated matter. He noted that no connections were available and there was actually a shortage of 24. If sewer units were available, it would cost up to $1,000,000. Mich said this was new information to him and would need to discuss it with the architect. Jabbour said the school district should take recourse against their architect. Moorse said he called Neil Lawson prior to the School District's presentation. The current capacity shows 60 units available. However, Moorse said they are spoken for, but not yet used. The bond issue for the 1989 water and sewer project included funding for the expansion of sewer capacity to serve the Highway 12 area. But those connecting to the sewer and water system need to pay their share of the water and sewer project • costs. Mich said this was different than he understood it to be. Mich was asked what was wrong with the school building in Maple Plain. Mich said it was small and required running a shuttle. He said the building would continue to be used and maintained for early childhood development which involves 600 children and 700 adults. • Jabbour commented that he did not feel the City and other local government units were working as a community. He was concerned that Westonka School District was considering a 4 -day week. Mich commented on the Westonka District and the possibility of a consolidation. He said Orono was not interested in this option. Kelley said he was involved with the hockey program and agreed that outside agencies should pay for their interests. He noted the support given by Mich for the ice rink. Mich said it is not his desire to go before the public for a bond referendum. He said it comes to a point where the referendum is in the best interest of the schools. Mich said he then tries to communicate the information within the six cities involved. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 (Dr. Mich - School Referendum - Continued) • Kelley asked how many classrooms were in the "link ". Mich said there were 9 classrooms, and they are planned for continual use as classrooms, though may be different classrooms than at present. Hurr again noted her concern with open enrollment. Mich said it was the law to have open enrollment. It can only be closed under certain guidelines. He noted that state aid was received by the school district for those students entering under the open enrollment format. He also noted the drop in funding per pupil. Mich said if open enrollment was reduced, it would affect not only operating items such as supplies, light bulbs, but people. The classroom size would increase to 34 or 35 pupils. Mich noted that except for kindergarten, open enrollment has been closed for about two years. Callahan said the community education should be funded by those involved in community education. Mich said there was no state aid for this program. He noted that members of community groups serve on the community education board and assess the needs. Jabbour said the park survey initially showed interest in services until the citizens realized they would need to fund the additional costs. The City then found that only 10% were willing to pay for additional services. He said he was concerned with the people who are putting the numbers together and in legitimizing the needs. Mich responded that the park survey results would be quite different if the schools did not provide the facilities. • Callahan noted that the community members that are on the different boards are there because of their interest in the area. He said the general population might not feel the same needs are necessary. Mich said he is notifying the public of the school referendum through a newsletter that has already been sent and one forthcoming, as well as meeting with many different groups, through chambers of commerce, ministers, and city meetings. He noted an upcoming meeting to be held on November 2 at 7:00 p.m. Mayor Tod Olson of Long Lake commented that most agencies look at the operating dollars and if any money remains, they look to reduce their budgets. Mich commented that there is the need to look at requested needs. Jabbour noted the increase of the referendum is equal to 70% of the entire Orono budget. Mayor Callahan thanked Dr. N fich for his presentation. ENGINEER REPORT City Engineer Cook was not present. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 • CITY AD1bIINISTRATOR'S REPORT ( #11) OVERLAY TO END OF WILLOW DRIVE Moorse provided the Council members with a spread sheet on MSA budgeting for roadway improvements. Staff has suggested doing an overlay project on the north end of Willow in conjunction with the Willow improvement project in order to use MSA funding for the $32,160.50 cost. Moorse reported that the section of roadway is in poor condition and had been on the schedule for next year for reconstruction, but has been moved back due to other priorities. The overlay is expected to last at least five years before reconstruction would be required. Goetten asked what the cost of reconstruction would be_ Moorse said the cost would be about $550,000. KNey asked if any fabric is laid before the overlay material. Moorse said this was not done. The new gravel for the shoulder areas will be done by the City. Hurr clarified the balance amounts on the MSA funds. Kelley moved, Goetten seconded, to approve the Willow Drive overlay using MSA funds. Vote: Ayes 4, Nays 0. Callahan was not present during this item of the agenda. • ( #12) COUNTY ROAD 15 ROADWAY PROTECT - EAST END - RESOLUTION #3626 • Callahan reported that the right -of -way costs have been reduced by the County to an estimated $57,500. County Representative, Jim Grube, reported that the property located on the south side of CoRd 15 to be used for wetland mitigation purposes was reevaluated. The field inspection based the findings on about 30,000 s.f of property eligible for use as wetland mitigation, and the cost was determined by the expertise of the County's Real Estate Manager at $0.50 per square foot for a total of $15,000. Based on the County's policy, a 50150 split is done between the City and County for a $7,500 value to the benefit of Orono resulting in the $57,500 right -of -way acquisition costs. Callahan inquired if there were any other costs that the City would be involved in paying. Grube said he was unsure if any of the construction costs were passed on and would have Bruce Polaczyk comment on it. Moorse said he did not know of any construction costs that the City would be responsible for except for storm sewer, but there was no storm sewer in the area. Moorse said the only participation he was aware of was for wetland mitigation and restoration. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 ( 912 - County Road 15 Project - Continued) • Callahan informed Grube that the City's policy regarding wetland mitigation was somewhat different than that of the County and asked if any adjustments were possible in the costs. Grube said the City and County were close to reaching an agreement and felt the two bodies could reach a decision. He asked that the City recognize that the costs lay in the area of $50,000 to $65,000 without the wetland mitigation. Grube said the numbers would be fine tuned, and he did understand the City's philosophy. Grube cited the example of the recent stoplight installation and the escalating costs. It was his desire that the same problems would not arise in cost escalation for this project and assured the City that the County was attempting to make a fair representation of the costs involved. Bruce Polaczyk answered the question of the City's cost responsibilities. The City would be responsible for costs in creating the wetland site. The digging and the landscaping would be costs incurred by the County. Minor retaining walls may be required, which wftld be at the expense of the City. Berms, curbs, and any minor drainage encountered would involve a 50% responsibility to the County and is expected not to exceed $15,000. Callahan asked the County representatives if they could anticipate the total costs for the construction including the retaining walls. Polaczyk said there were no solid numbers available at this time. The method of construction has not been determined. There are some unsuitable materials in the area, and the County has not yet decided if the materials would be removed or the road floated over the material. Also of concern was the • difficulty in knowing the impact on the wetland as it relates to wetland mitigation. There is 0.6 acre of area to mitigate. If more area is needed, it could prompt a higher right -of- way cost as well as higher construction costs. Kelley said he was concerned with open ended construction costs and would like to agree on a fixed amount for the City's allocation. Polaczyk said more detailed design work would need to be done to come up with a more solid estimation of the total costs involved. Kelley asked if the County would be willing to sign that the City would pay a fixed maximum cost. Grube said he would not be willing to do so. Callahan said with the costs unknown at this time, it would be difficult for the City to commit to the project. Grube said he understood the City's need to be conservative and their desire to refine the final project costs. Kelley asked what would happen if contingencies arose. Grube said there would need to be a cap or control on these. The City would know the boundaries of the right -of -way acquisitions, but they would be subject to market value changes. The County will finalize plans and know the storm water amounts and be able to estimate from the completed plans a cost that would create a greater comfort level for the City. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 • ( #12 - County Road 15 Project - Continued) Callahan asked what the County required at this time. Grube said he anticipated receiving a resolution of support for the project. Grube said the County would then normally begin formalizing the plans and specifications keeping in contact with City Staff and returning at a later date to discuss the right -of -way acquisition costs. Hurr said she was in support of both parts of the project. The cost estimate of $62,000 compared to approving a $32,000 overlay for the north end of Willow is an amount that would far more benefit Orono residents according to Hurr. Goetten said the City would gain a better understanding once the second phase of the project design was completed. Jabbour said he understood the need for a moral commitment from the City to proceed with the project. Grube said it would take months to complete the plans, and he would not return before the Council for some time. It was noted that the County would incur thousands of dollars in costs to execute the final plans for the project. Grube said he understood the County would have to explain any major changes in cost and would work with Staff during the planning process. • Callahan said he would agree with the County proceeding with the study. The Council would need to vote on the final costs when they are determined. • Jabbour said he felt the County has done what they said they would, but asks that the County find alternate mitigation sites as he feels the City should not give up the land for mitigation for a sum of only $7,500. Polaczyk said if there became the need to go outside of the City for wetland mitigation, the costs would change_ Hurr moved, Jabbour seconded, to adopt Resolution #3626. Grube said it was the requirement of the County Board to ask the City to tentatively identify the source of funds for the project. Callahan reported that the funds would be through tax dollars. He indicated no tax increment financial district was involved. Vote: Ayes 5, Nays 0. ( * #13) ADOPTION OF ASSESSMENT ROLL - HIGHWAY 12 SEWER WATER PROJECT PHASE H - RESOLUTION #3636 Hun moved, Goetten seconded, to adopt Resolution #3636, adopting the assessment roll for sewer and water improvement - phase II on the north side of Highway 12, between Brown Road North and Willow Drive. Vote: Ayes 5, Nays 0. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23,1995 ( #14) JUVENILE CURFEW ORDINANCE AMENDMENT #142, 2ND SERIES • Moorse reported that the change to the curfew ordinance was to bring conformity to that of the County standards. Goetten clarified that this curfew is for children out alone without parental supervision. Kelley said he was of the opinion that government should not regulate a time curfew for children, but it was up to the parents individual perogative. Goetten cited an example of where the police notified parents of their children's whereabouts and the parents were not aware of where the children were. Hurr said this would aid parents in using the law in guiding their children. Hurr moved, Goetten seconded, to adopt Juvenile Curfew Ordinance Amendment #142, 2nd Series. Vote: Ayes 4, Nays 1, Kelley. ( #15) 1995 THIRD QUARTER REVENUE AND EXPENDITURE REPORT Callahan said he was pleased to see the balances as reported for the year. He did voice concern with real estate tax collections being down. Moorse said it was possible that collections were behind. It is his hope that the collections will even out by the end of the • year. Moorse said the report was constructed by the finance staff who are doing a great job. The report utilized the new computer system. The Council appreciated the timeliness of the report, it being received so near the end of the quarter. CITY ATTORNEY'S REPORT Barrett requested an Executive Session. ( * #16) LICENSES Hurr inquired what type of service was performed by the license applied for by Ginger Scott. Mabusth said the service involved manicures. Hurr moved, Goetten seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. .7 16 • I] 0 MDaJTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 23, 1995 ( #16 - Licenses - Continued) Home Occupation License Annual Review Home Occupation License Initial Review ( * #17) BILLS Ginger Scott 2620 Kelly Avenue Ross R. Repke 3380 Watertown Road Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT TM meeting was adjourned by Mayor Callahan to Executive Session at 10:10 p.m. Edward J. Callahan, Jr., Mayor ATTEST: 17