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HomeMy WebLinkAbout11-27-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR INOVEMBER 27, 1995 • ROLL The Council met on the above date with the following members present: Mayor Edward J. Callahan, Jr., Council Members Gabriel Jabbour, JoEllen Hurr, and Charles Kelley. Council Member Goetten was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tc.n Barrett, Public Works Director John Gerhardson, Assistant Planning and Zoning Adm_nistrator Michael Gaffron, City Engineer Shawn Gustafson, and Recorder Sherry Frog,. Mayor Callahan called the meeting to order at 6:48 p.m. ( #1) ASSESSMENT HE_XRING - WILLOW DRI« NORTH - 650' NORTH OF HIGHWAY i2 Iti`TEn� LiTi ^vi. - RESOLv X IO #3612 - G:48 -7:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Moorse explained the pur-_ ose of the assessment hearing. The Willow Drive reconstruction project was discussed and approved at a prior public meeting. The project is now completed and costs and assessment amounts are known. The assessment hearing is to provide the two property owners an opportunity to respond to the assessments and ask any questions_ The two property owners were provided with information regarding the assessment prior to this hearing. One of the properties is zoned commercial. The other property is guided by the comprehensive plan as being commercial but undeveloped. • Callahan asked what the general plan was based on. !%loorse said the assessment was based on the benefit to the property owners provided by the reconstruction. John Rice, Attorney for the Orono Plaza property, was present and reviewed the owner's objection to the assessment. A letter outlining the objection is part of the agenda item. Rice said the primary was their lack of finding a rational difference between commercial and residentlai properties in exempting one type of property and not the other when MSA funding s used. Rice said he does not raise the issue of value as the property is undeveloped. Callahan informed Rice that he felt commercial properties gained a benefit over residential as the roadway is used by the public to access their properties allowing the commercial properties to sell products resulting in profit. Rice said he saw the homeowners, the City, ands the commercial properties all benefiting from the funding but did not see the rationale for assessing commercial property but not residential. Callahan responded if both residential and commercial gain a benefit from the state funding, the commercial gains on top of that with a profit. Rice reminded the Council that residential properties are not assesses for state aid funding projects. Callahan said the contribution benefits both but falls more to the favor of commercial properties. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER-211 9 I9o5 ( #1 - Assessment Hearing - Willow Drive North - Continued) • Hurr asked where Orono Plaza property is located and the acreage comparison between the two commercial properties. Gustafson pointed out on a map the northwest quadrant of Hwy 12 and Willow where the Orono Plaza property is located. Rice said the Orono Plaza property consists of 56 acres but was unaware of the amount of acreage for the Otten property, which he did say was smaller in size. Callahan informed the public of the letter received from Otten voicing his opposition to the assessment. Jabbour said the street was designed as it is because of the commercial properties, and some improvements that were made would not, otherwise, be needed. Gustafson explained that as part of the Hwy 12 reconstruction project, the semaphore was matched with the traffic to the south. A right lane was added to direct traffic to the east to the Otten property, made wider, and for year- around use to withstand the weight of trucks using the commercial properties. Kelley added that the roadway was designed to accommodate the future service road servicing these properties. Gustafson said a median would be built to line up with the frontage road also. Gustafson said the road design was such to handle the increase of traffic benefiting the commercial properties which, otherwise, would not have been needed. Cliff Otten, owner of the other commercial property, arrived at this time. He noted that • his letter stipulated a starting time for the hearing of 7:00 p.m., which he showed to the Council. Let it be noted that the affidavit of publication showed a starting time of 6:45 p.m. Otten said he spoke with Moorse about the assessment. He was informed that the assessment amount was 25% of the total cost. Otten said he does not receive 25% of the benefit of the project. He added that Willow Drive was the only north -south link and only through street maintained in the area. Otten said Moorse had informed him that the rest of Willow Drive would be improved at some time with no assessment. Moorse was reported to have said the other project would not be as extensive and would require overlays about every five years. Otten said if this is true, the cost of additional overlays over a period of time would reach that of the improvement under discussion. There were no additional public comments, and Callahan closed the public hearing. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELL ON NOVEMBER 27, 19 905 ( #1 - Assessment Hearing - Willow Drive North - Continued) • Jabbour repeated for Otten's benefit the reason why certain improvements were made to the road due to the commercial properties. Jabbour said certain parts of the road were done at City cost, and the only portion assessed to these two commercial properties were costs directly related to their use. Gustafson reiterated the project included two through lanes, a right turn lane into the Otten property, and a south bound left turn lane. These improvements were designed for the intense usage from these businesses. The road is a collector road and was improved to handle year round truck traffic and increased commercial traffic. Otten responded that the road was built for more traffic but not just because of his business. He gave an example of the high traffic levels into the Long Lake Bank but that road does not go anywhere. Willow, on the other hand, is a connecting street from Long Lake to Medina. Kelley noted that if the other commercial property gets developed, additional traffic will occur. Kelley said the main issue is the need for the road improvements because of more commercial use. It was further noted that the heavier use of this intersection resulted in the stoplight being installed. Otten said the stoplight was needed before the commercial development occurred. Callahan commented that the reason Otten located his property at this location is because it is a commercial area. Otten responded that he was paying plenty already to be at this location. • Callahan moved, Jabbour seconded, to adopt Resolution #3642 adopting the assessment roll for the Willow Drive improvement project. Vote: Ayes 4, Nays 0. is ( * #2) CONSENT AGENDA Items 99, 10, and 12 were added to the Consent Agenda. Hurr moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF NOVEMBER 13, 1995 Hurr moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of November 13, 1995. Vote: Ayes 4, Nays 0. ( * #4) SPECIAL MEETING OF NOVEMBER 14, 1995 Hurr moved, Kelley seconded, to approve the Minutes of the Special City Council Meeting of November 14, 1995. Vote: Ayes 4, Nays 0. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELy O.All NOVEMBER 27, 1995 PARK COMMISSION COMMENTS • No representative of the Park Commission was present. PLANNING COMMISSION COMMENTS No representative of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #5) #2057 JAMES NYSTROM, 1745 CONCORDIA STREET - VARIANCES - P�ESOLUTION 4#36,3 Hurr moved, Kelley seconded, to adopt Resolution 93643 as revised, granting lot area, lot width, average lakeshore setback, hardcover and side setback variances for James Nystrom at 1745 Concordia Street. Vote: Ayes 4, Nays 0. ( * #6) #2079 RICK PERRY, 440 WILLOW DRIVE SOUTH - VARIANCES - RESOLUTION #3644 is Hurr moved, Kelley seconded, to adopt Resolution #3644 for variances to Rick Perry, xf—o 'I— IV 111V V• —LLI - "J L11, I V— 11,E T, i1".ya V. ( #7) SEPTIC SYSTEM CONFORMANCE AGREEMENT - THOMAS AND PAULLNE BOITO-MA " , .1360 SHORELU` \E DRIVE Mrs. Bouchard was present. Gaffron reported that the Bouchard property's septic system was identified as non- conforming in 1994. The ordinance allows the Bouchard's to have until the end of 1996 to bring their system into conformity. Gaffron said the two issues involved were the Bouchard's plans for construction of additions to their residence, which triggers an earlier conformity deadline, and the property being located in a "hot spot" neighborhood under consideration for municipal sewer. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD O:` NOVEMBER 27, 1995 ( #7 - Septic System Conformance Agreement - Continued) • At the November 14 Special Council Meeting, Gaffron noted the Council determined that the nronerty owner should be allowed to proceed with construction after T)rovidins a letter of credit for the septic system upgrade and a signed septic system upgrade agreement. A clause has been inserted in the agreement to allow for reconsideration before the work is performed to evaluate where the sewer talks are at. The agreement has been drafted based on the standard developers aueenient with septic upp-rade to be performed by July 31, 1996. Gaffron suggested a review one month prior to this deadline to evaluate for possible sewering. The letter of credit for 150% of septic upgrade costs covers any extraneous costs should the City need to contract for and complete the work. Since this has not been done in the past, Gaffron said Staff felt it should be brought before the Council. He asked Council if the 150% letter of credit is reasonable or if the letter of credit amount should be different than that tvpically reauired of a developer. Kelley asked how Staff would determine what 100% of the costs would be for the septic urwrade. Gaffron said the Bouchard's have Gotten one bid. 150% of that bid amount is approximately $14,000. Kelley asked if there was a different charge from the bank for a 150% amount versus a 100% amount. Mrs. Bouchard said the cost was a total of $400 and did not differ between t uu" /o and 15u" /o. keney said ne felt it was important that the City work with the residents in situations such as this. • Bouchard said she was eager to proceed with construction and would appreciate a decision be made on the matter at this meeting. Bouchard said she was in agreement with the draft as written. She noted that the bank has a fax copy of the example of a letter of credit to aid in expediting the process. • Hurr asked and received confirmation that Mr. Bouchard would also sign the agreement. Hun moved, Jabbour seconded, to approve the draft Septic System Upgrade Agreement between the City and the Bouchards. Staff anticipates that a similar agreement may be used in the future for similar situations. Callahan asked Barrett is he had reviewed the agreement. Barrett said he had and the draft was taken from other examples available. It was noted that no percentage of letter was credit was noted in the draft but 150% would be used in the final agreement. Hun said she was of the opinion that the City should use the normal practice amount of 150% for the letter of credit. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Callahan reported having attended the groundbreaking ceremony for the MCWD's Long Lake Water Quality Improvement Project. Callahan noted an upcoming meeting in Independence regarding Highway 12 on November 28 from 9:00 a.m. - noon. Moorse said he would be attending this meeting. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 27,1901-5 (Mayor /Council Report - Continued) Kelley said Gaffron has written remarks regarding the MPCA's septic regulations to pass • on at the meeting. Callahan reported that Park Commission Chair Flint will be attending the DNR meeting regarding the Luce Line Trail. Callahan asked if the Council members were still in agreement on waiting until January, 1996, to hold a public information meeting regarding Highway 12 considering the recent steps taken by the Highway Department. The Council Members were in support of holding the meeting the first part of January, 1996. A date will be decided on for the meeting at the next Council meeting. ENGINEER REPORT Gustafson had no report. CITY ADMINISTRATOR'S REPORT ( #8) SEWER INTERCEPTOR RECONVEYANCE AGREEMENT Moorse reported that the Council had approved a conceptual agreement and parameters • of the sewer interceptor reconvevance agreement last year. The areas and easements ;=Ur the interceptor have now been all identified and are in final form for approval. Callahan asked what the cost would be to the City to buy back the interceptor. Moorse said the cost would be about $130,000. Moorse noted that the City originally built the trunk line at a higher cost and made use of it before the MWCC took it over as an interceptor because it served several cities. Callahan questioned whether it couldn't be repurchased at a lower cost noting that the Citv paid for the maioritv of its value and is now having to repav a portion of it. Huff noted that the credits involved will amount to about $17,400 compared to $29,300 previously. Kelley asked how this would affect the sewer budget. Moorse said the repurchase is reflected in the 1995 and 1996 budgets. Kelley asked why we should buy it back. Moorse said it was needed as part of the City's sewer trunk system. Gerhardson said Metro Waste has built a new interceptor and no longer needs the interceptor. It only serves Orono at this time. Gerhardson noted that the new sewer line built by Metro Waste received considerable assistance from Huff. C7 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD O'�t "T ^�rFrRUSV I 10 1 1, V ♦ L3-1. EAR 2 , 1//5 ( #8 - Sewer Interceptor Reconveyance Agreement - Continued) Callahan asked Barrett if he had reviewed the agreement and received confirmation that he had. Callahan moved, Hurr seconded, to approve the interceptor reconveyance agreement and to authorize the Mayor to sign the agreement. Vote: Ayes 4, Nays 0. ( * #9) DELINQUENT UTILITY ASSESSMENT ROLL - RESOLUTION #3645 Hurr moved, Kelley seconded, to adopt Resolution 93645, providing for the collection of delinquent charges for 1995 sewer and water utility services, and fees for the annual septic inspection and recycling programs. Vote: Ayes 4, Nays 0. ( * #10) 1996 MEETING SCHEDULE Hurr moved, Kelley seconded, to approve the 1996 Meeting Schedule. Vote: Ayes 4, Nays 0. ( #11) 1996 FEE SCHEDULE - ORDINANCE AND SUMMARY ORDINANCE NO. 143, 2ND SEAS Moorse reported that the fee schedule amounts have been updated to reflect cost of living iincreases as well as having been analyzed with regards to covering, the City's costs. The fee schedule was compared with that of other cities and is in line with their fees. Increases are seen in the planning and zoning application fees. The 3% increase in water and sewer fees is reflected in the schedule. The sewer connection charges have been upgraded, and golf course green fees have been increased. • Kelley questioned the installation fee for lawn sprinkling systems. He could not understand why a resident would need a permit to install their own system. Kelley felt government was intruding on a person by this fee and considered it outrageous that the Citv would initiate the permit for lawn sprinkling systems. Kelley felt a person should be able to do whatever they wished with their own homes. Gaffron said one reason for the fee was because of the many examples of encroachments of or damage to septic systems being seen from the installation of lawn sprinkling systems. The permit will enable the City to inspect to prevent such encroachments. Hurr commented that lawn sprinkling systems have been installed in the road right -of -ways in alot of cases. Gaffron said it was also to prevent back flow problems and to catch improper installations before they occur. Kelley said there were ways to do alot of things wrong; people should have the right to make these mistakes; and questioned where it all stops. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 2?, 19015 ( #11 - 1996 Fee Schedule - Continued) Kelley sked why the City was deleting the annual septic installers license fees. Gaffron Y Y tY g said the State of Minnesota was taking over the licensing of the septic installers along with others. The City no longer has the ability to license them. Kelley asked if the brush drop -off fee was eliminated because of the deletion of the program. Gerhardson replied that this was the reason. Kelley asked if there were any rates for children for weekdays in the summertime at the golf course. Hurr added that it was her opinion that the green fees should be cheaper for Orono residents as residents should benefit from living in Orono. She said this was especially true since reductions were given to leagues. Hurr was asked how this could be done, which she replied could be worked out using the Minnesota drivers license. Kelley said children 9 -14 are unable to get onto the course or have the ability to pay the fees. Gerhardson said he would follow up on this. Jabbour asked if the new water meters were able to transmit signals for automated meter reading. Gerhardson said they are not at this time but have the capability to do so. Jabbour moved, Callahan seconded, to approve Ordinance No. 143, 2nd Series, 1996 Fee Schedule and to adopt the Summary Fee Ordinance for publication with modifications to the charges for the golf course to come back before the Council. Vote: Ayes 3, Nays 1, Kelley. 0 ( * #12) FIRE SERVICE CONTRACT WITH THE CITY OF LONG LAKE Hurr moved, Kelley seconded, to approve the 1996 -1998 Long Lake Fire Services Agreement. Vote: Ayes 4, Nays 0. ( #13) POLICE SERVICE CONTRACTS WITH THE CITIES OF MINNETONKA BEACH AND SPRETNG PAR.0 Kelley noted that the percentages based on population and market value of property increased the police department contract costs but decreased the fire department contract costs and asked how this discrepancy could be explained. Moorse said the fire service cost allocation formula includes number of fire call hours provided to each city. Callahan moved, Kelley seconded, to approve the 1996 police service contracts with the cities of Spring Park and Minnetonka Beach. Vote: Ayes 3, Nays 0, Abstain 1, Hun. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HEr L L n (%w v Nn TE yB_p 27, ooc Vl\ a 1 //✓ • ( #14) DRUG TESTING POLICY Moorse reported that a recent Federal regulation called for a drug testing policy to be in place for employers with less than 50 employees by January 1, 1996. This policy is required of persons in positions requiring a commercial drivers license. Those in the City's employ affected are the public works staff. The policy has been drafted and needs Council approval. Moorse said he worked with other cities reviewing their policies and has kept the employees affected by the policy up to date. Moorse said City Attorney Barrett has asked the City to review their policy that is presently being formed to make a • comparison. Kelley said he felt the police department should also have a drug and alcohol testing policy, which they do not presently have. Jabbour commented that t. ".e policy :'.'as triggered for those holding a Class B drivers license. Kelley also noted the number of people who drive City vehicles and felt they also should be included in this policy. Hurr felt all City Staff should comply with the policy. Kelley asked Staff to come back with infromation on policies for these other personnel groups. Moorse said the process would be Ionger to gain the participation of the police department. Jabbour said the groups Ftio „„i.i:,.., O-1 -S .70.. ,.tme should be separated as the policy for the employees in �.�., Y,,,,.., ����n� .AepalLlLi�nL must be in place by January 1, 1996. Kelley asked Moorse what was the definition of random testing being used by the City. Moorse said the names of those affected would be selected by a computer - generated random selection process on a monthly basis to provide random testing. Moorse said the random testing would be conducted on those while on the job only Kelley stressed the importance of definitions and the need for strong communications with personnel considering the magnitude of such a policy. Kelley asked that the City ensure understanding of the policy by those affected. Kelley said if these employees need to sign waivers that it be understood exactly what was happening in the testing policy. Moorse said the law requires training sessions for both Staff and employees. Training sessions have begun for Staff. Hurr asked how the policy drafted by the attorney's firm is different. Barrett said it was drafted from the ground up for a variety of groups to adress constitutional issues. Jabbour moved, Hurr seconded, to table this item for further evaluation. Vote: Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD Ol`: NOVEMBEIR 2?, 1995 ( #15) CITY ADMINISTRATOR SALARY ADJUSTMENT Callahan moved, Jabbour seconded, to approve the adjustment of the City Administrator's salary to $66,982 effective 1/1/95, and to $68,890 effective 1/1/96. Hun said she was interested in doing a formal evaluation of Moorse. Since the Council expects formal evaluations be performed by Moorse on other City employees, Hurr felt the Council was being remiss in not expecting the same for him. Hun noted that the League of Cities survey compared salaries of different City employees and questioned the difference between Moorse's salary and that of Mound's manager, who she said had more responsibilities, more time in the position, yet made $1,000 less than that proposed for Moorse. Hurr said she was not necessarily in agreement with the step process used by the City. Hun said she was not comfortable with the salary adjustments, though, she did appreciate the improvements made on his performance. Callahan said the step system was different than that used by other cities, which makes it hard to make comparisons. Callahan said he felt the adjustment was satisfactory. Jabbour said it was his opinion that the City should use the merit system. Hurr said if he felt that way, the Council should look at that process. Vote: Ayes 3, Nays 1, Hurr. CITY ATTORNEY'S REPORT Barrett requested an Executive Session. ( * #16) LICENSES Hun moved, Kelley seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Renewal Off -Sale Liquor Renewal On -Sale Liquor Renewal Club License Navarre Liquors, Inc. Steve Corl 3421 Shoreline Drive Jimmie's Lounge Jimmie Holtz 3380 Shoreline Drive Woodhill Country Club 200 Woodhill Road 10 t • • • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 27, 1.905 ( 416 - Licenses - Renewal Club License Continued) • Wayzata Country Club, Inc. 200 Wayzata Boulevard • ( * #17) BILLS Hurr moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session by Mayor Callahan at 7:53 p.m. Edward J. Call Jr., Mayor ATTEST: 11 �`—