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HomeMy WebLinkAbout02-14-1994 Council MinutesV. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Charles Kelley, J. Diann Goetten, Gabriel Jabbour and JoEllen Hurr. The following represented staff: City Attorney Tom Barrett, City Administrator Ron Moorse, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:30 p.m. PUBLIC HEARING - PROPOSED AMENDMENT TO YEAR XVIII FUNDS Mayor Callahan noted this item was also #11 on the agenda. The purpose of the hearing was to allocate $2,736.00 from the Park budget to the housing rehabilitation budget. Mayor Callahan opened the Public Hearing. No one present wished to address the Council. The Public Hearing was closed. Mayor Callahan moved, Jabbour seconded, to adopt Resolution No. 3381 amending the Urban Hennepin County - Statement of Projected Use of Funds for Year XVIII by reallocating $2,736.00 from Park Planning #53098 to Housing Rehabilitation #53099 and authorizes submittal of this amendment to Hennepin • County. Ayes 4, nays 0. ( * #1) CONSENT AGENDA • Jabbour moved, Mayor Callahan seconded, for approval of the Consent Agenda with the addition of item #11. Ayes 4, nays 0. ( * #2) APPROVAL OF MINUTES OF JANUARY 24, 1994 REGULAR CITY COUNCIL MEETING Jabbour moved, Mayor Callahan seconded, for approval of the Minutes of the January 24, 1994 Regular City Council Meeting as submitted. 4 ayes, 0 nays. PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Sandra Smith There were no Planning Commission comments. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #3) #1818 RUSSELL LUND AND BARBARA LUND ESTATES, 905 TONKAWA ROAD - FINAL SUBDIVISION Mabusth reviewed the staff report and noted that two stipulations of the subdivision approval have not been met. (Addressing erosion control both during and after construction and constructability of stair structure.) Staff had recommended that if the asphalt ramp is to be removed that a stairway and drainage facility be constructed as per letter dated 6/08/93. Staff also recommended that Westwood Professional Services provide plans for any improvements required by the City. She noted that the engineer, Dennis Marhula was not present at this time but was expected. Dario Enselmo, representing the applicant, requested that the asphalt ramp be allowed to remain as they do not see any need to remove it and the potential for erosion damage is significant if it is removed. It provides the best access to the lake shore and they believe the new owners will maintain it. • Jabbour stated he would like to see the ramp removed but practically it will be difficult to do because of it's location and the topography in the area. He did not see a way to remove the ramp without creating greater problems. Discussion ensued regarding the difficulty of removal and the potential for problems in the future when the asphalt begins to break up and deteriorate. The Council felt it might be worse to try and do something now and create greater problems later on. The potential for the ramp falling into the lake was discussed. The possibility of allowing the ramp to remain with conditions for the use of the ramp in the future was discussed. Cook stated that if the Council determines that the ramp should remain, then it should be maintained properly. Otherwise, it should be removed now instead of later on when problems occur. He noted there was a risk in the short term of significant erosion problems occurring until the vegetation was reestablished. Dennis Marhula stated that while they also had concerns regarding the ramp, he was not convinced that there was any benefit to removing the ramp because there will still be a potential for drainage problems. He was concerned that the removal of the asphalt could create worse problems in the future. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 fo ( #3) #1818 RUSSELL LUND AND BARBARA LUND ESTATES, 905 TONKAWA ROAD - FINAL SUBDIVISION (CONTINUED) Jabbour inquired if the applicant would need a conditional use permit to move the dirt onto the site. Cook responded affirmatively, since they propose to move a greater amount of fill than permitted by the ordinance. Jabbour stated he felt that no motorized vehicles should be permitted to use the ramp, which would make it last longer. Kelley stated he was more concerned about the future risk when compared to the present risk and he felt the asphalt ramp should be removed because if it should slide into the lake, it will present a worse problem than the damage which might be incurred if it is removed. Mayor Callahan commented he would prefer to see the ramp removed, but the City had not found any of the plans submitted to date acceptable. He suggested that the item be tabled to allow the applicant to submit practical plans for the Council to review and then decide what should be done. Mayor Callahan moved, Goetten seconded, to table #1818 Final Subdivision for the Russell Lund /Barbara Lund estate and direct the applicant and staff to work • together to create a plan for City Council review. Jabbour commented he was not in favor of putting stairs over half the asphalt to camouflage it. Ayes 4, nays 0. ( #4) #1862 THREE STAR TRUCKING, 2590 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. 3382 Mabusth reviewed the staff report and stated staff recommended adoption of the resolution based on the Planning Commission recommendation. Discussion ensued regarding the drainage onto Hackberry and the berm proposed by the developer along the eastern boundary which will direct the drainage into the pond on Lot 4, which will allow the water to be released at a controlled rate. Kelley inquired if under ground could be put through instead of an open ditch, and Gerhardson responded that was possible, but it was planned as an open ditch. He noted that easements will need to be negotiated but the ditch has a right to be there because it presently exists. Barrett noted that a permanent easement would be best, and if this is an attempt to divert the water to alleviate the drainage problems downstream, it is justified. Mark Gronberg stated they were not aware of the water storage problems but the new plan will slow the drainage and eliminate drainage to the southeast. Kelley • stated he did not have a problem with the subdivision, but would prefer to see a permanent easement acquired. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 ( #4) #1862 THREE STAR TRUCKING, 2590 WATERTOWN ROAD - • PRELIMINARY SUBDIVISION - RESOLUTION NO. 3382 (CONTINUED) Jabbour moved, Kelley seconded, to adopt Resolution No. 3382 approving #1862 Preliminary Subdivision for Three Star Trucking at 2590 Watertown Road per the Planning Commission recommendation. Ayes 4, nays 0. Councilmember Hurr arrived at the meeting at 8:25 p.m. ( #5) #1893 CHRISTINE A. FREEMAN, 2240 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. 3383 Mabusth reviewed the staff report and stated that staff recommended adoption of the resolution. Steve Jensen, the architect, was present representing the applicant. It was moved by Goetten, seconded by Kelley, to adopt Resolution No. 3383 approving #1893 Variance for Christine A. Freeman at 2240 Shadywood Road as recommended by the Planning Commission. Ayes 5, nays 0. ( #6) #1896 ALLAN AND JUDITH KLOTSCHE, 2860 SHADYWOOD ROAD - • VARIANCES Mabusth reviewed the staff report and stated that staff recommended the City Council give conceptual direction to allow staff to prepare a resolution for Council action on February 28, 1994. She noted that hardcover was proposed at 32.2 %. Hurr asked if the driveway easement was deducted from the entire area and Mabusth responded affirmatively, noting that the actual driveway did not cover that entire area. Kelley stated that since they were talking about 218 square feet of area, he did not feel that was a significant amount, and he would support the variances. Sandy Smith stated that the Planning Commission was trying to stay within the hardcover requirements as set forth in the ordinance, and they wished to give the applicants the option of designing it to fall within that framework. Jabbour stated he had no problem with the variances if the applicant can redefine the easement and reduce the area considered as hardcover. n U 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 • ( #6) #1896 ALLAN AND JUDITH KLOTSCHE, 2860 SHADYWOOD ROAD - VARIANCES (CONTINUED) It was moved by Hurr, seconded by Kelley to approve #1896 Variance request for Allan and Judith Klotsche at 2860 Shadywood Road, and direct staff to prepare the resolution. Ayes 5, nays 0. ( #7) #1899 CAROLYN AND DONALD UDELL, 1210 LOMA LINDA AVENUE - VARIANCES - RESOLUTION NO. 3384 Mabusth reviewed the staff report and stated that the Planning Commission recommended approval and that the Resolution be adopted. Donald and Carolyn Udell were present and stated they concurred with the Planning Commission recommendation. Goetten stated she believed there was too much hardcover on the property and she did not support the variances. Hurr moved, Jabbour seconded, to adopt Resolution No. 3384 approving #1899, variances for Carolyn and Donald Udell at 1210 Loma Linda Avenue as recommended by the Planning Commission. Ayes 4, nays 1. • ( #8) FRENCH LAKE NORTH BASIN - POTENTIAL ELIMINATION OF SHORELINE DESIGNATION Moorse reviewed the staff report and stated that the intent was to remove the shoreline designation and redesignate the area as wetlands Type 6 and Type 3. Mabusth noted that the Department of Natural Resources had conceptually reviewed the request, and was not opposed to it. Jabbour moved, Hurr seconded, that staff be directed to pursue this with the Department of Natural Resources, including the old sewer lagoon. Ayes 5, nays 0. MAYOR /COUNCIL REPORT Jabbour stated he had received a call from the Mayor of Deephaven requesting to appear before the Orono City Council to address some concerns they have regarding the shoreland /wetland designations. He felt that it was good that the cities were communicating with each other and sharing information. Jabbour stated that he understood two members of the LMCD had been informing citizens that they no longer have funds for milfoil removal. He distributed an article that appeared in the Sun /Sailor which was very accurate and informative • on this issue. He felt that there have been some mistakes made, but he was pleased that they would be corrected. He stated that the LMCD budget has been 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 MAYOR /COUNCIL REPORT (CONTINUED) 0 done and the funds sent during the first quarter are outside the legal limit. Mayor Callahan stated that the LMCD was going to make a serious study of their finances because they have reserves far in excess of the costs of replacing their equipment. They have money in the reserve funds to continue harvesting milfoil for the next three years. He also noted that he had met with the Mayor of Wayzata and indicated they are interested in putting their public works building on property they won on the east edge of Orono, and possibly sharing some land for hockey use. Kelley commented he did not support either use in this location because of the traffic. ENGINEER REPORT There was no Engineer's report. CITY ADMINISTRATOR'S REPORT ( #9) CRYSTAL BAY SITE UNDERGROUND TANK REMOVAL AND SOIL TESTING Moorse reviewed the progress made on the project. Hurr inquired what • percentage of the costs were reimbursable and Earl Windahl, Braun Intertec responded that up to 90% were reimbursable. He noted that the state petrofund is solvent and the costs are reimbursable. Jabbour commented he felt it was imperative they operate within the parameters of the Minnesota Pollution Control Agency in order to avoid problems in the future. Jabbour moved, Goetten seconded, to authorize the City to enter into a contract with Braun Intertec for the installation of four monitoring wells, two rounds of water sampling, and preparation of final report at a cost of $12,400 to be funded from the Building Fund. Ayes 5, nays 0. Greg Browne, Braun Intertec, stated that the Minnesota Pollution Control Agency has agreed that an investigation will be conducted on this site and they will do soil borings to determine if the ground water has been contaminated. The ground water will be sampled twice to determine if there is any contamination. Goetten inquired if the residents had been informed of this possibility and Gerhardson responded affirmatively, noting he had received two calls from residents. Browne reviewed the proposed work plan. He stated this would be done within six months. He noted that no additional soil needed to be removed from the site. • C1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 • ( #10) SCHOOL LIAISON OFFICER PROGRAM Moorse introduced the item and noted that staff supported the school liaison officer proposal and the costs would be paid by the School District. Mayor Callahan asked if Ms. DeLuca would be willing to attend a work session along with Chief Sullivan to discuss this in relation to other related topics in the Police Department. He supported the program, but felt Chief Sullivan should be present when this was discussed. Ms. DeLuca responded that would be acceptable, but they needed to take action soon because their funds would run out in June. She noted that they have a list of liaison officer activities which will need to be prioritized, but they feel it is time be proactive and establish a rapport with the students as soon as possible. ( * #11) YEAR XVIII STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS - RESOLUTION NO. 3381 Mayor Callahan moved, Jabbour seconded, to adopt Resolution No. 3381 amending the Urban Hennepin County - Statement of Projected Use of Funds for Year XVIII by reallocating $2,736.00 from Park Planning #53098 to Housing Rehabilitation #53099 and authorizes submittal of this amendment to Hennepin • County. Ayes 4, nays 0. ( * #12) AWARD 1994 MATERIALS AND EQUIPMENT BIDS Mayor Callahan moved, Jabbour seconded, to accept the bids as presented for the calendar year 1994. Ayes 4, nays 0. ( * #13) ESTABLISH ROAD WEIGHT LIMITS - RESOLUTION NO. 3385 Mayor Callahan moved, Jabbour seconded, to adopt Resolution No. 3385 establishing the 1994 Weight Limits for City streets from March 15 through May 15, 1994. Ayes 4, nays 0. ( #14) 1994 INSURANCE POLICY PREMIUM TABULATION AND AWARD RECOMMENDATION Moorse reviewed the staff report and discussed the changes from the previous year. He noted that the City receives good rates because there are few claims. Moved by Kelley, seconded by Jabbour, to award the insurance effective January 1, 1994 as follows: to the League of Minnesota Cities Insurance Trust for the multi peril package $74,084, for excess liability $20,574, and for the petrofund • reimbursement $689; to Western National Insurance Group for boiler and machinery $296; to the St. Paul Fire and Marine Insurance Co. for small 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 ( #14) 1994 INSURANCE POLICY PREMIUM TABULATION AND AWARD is RECOMMENDATION (CONTINUED) computers $500; to the United Fire and Casualty for surety bonds $1,505; and to The League of Cities Insurance Trust for open meeting law coverage $830. Ayes 5, nays 0. Mayor Callahan felt that there was a possibility that the ball park may not be within the authority of the City and therefore sovereign immunity may not apply. He would like to be sure that the insurance covers this, and if it does not, then they will have to get coverage. ( #15) REQUEST FOR DESIGNATION OF FUNDING FOR THE DRUG ABUSE RESISTANCE EDUCATION (DARE) PROGRAM Moorse reviewed this request. Jabbour moved, Hurr seconded, to designate the $1,016.77 special drug prevention revenue distribution toward the DARE program and to authorize the use of drug forfeiture funds in an amount not to exceed $600 for the 1994 DARE program. Ayes 5, nays 0. ( #16) RECONSIDERATION - TAX FORFEIT PROPERTY Moorse reviewed the status of the tax forfeit property and noted that the former owner has applied to redeem or repurchase the property. He noted that the Council may want to reconsider its position in light of this. Discussion ensued regarding whether the property was usable as park land, and the Council felt that they should continue with the City's interest in the property and see what happens. Jabbour moved, Hurr seconded, that the City retain its interest in the property and pursue it to the end. Ayes 4, nays 1. Mayor Callahan stated he was opposed to that policy because it was not suitable for park land, and the City would only incur additional unnecessary expense in pursuing this. ( #17) WATER TOWER ANTENNA REQUEST • Moorse reviewed the request from Safe Link Corporation to install an antenna on the water tower located behind the City offices. Jabbour stated he felt that would be acceptable since the antenna is only 6 feet in height, and was used primarily for pagers. Hurr stated she felt that it should be open to the highest bidders and • she did not support this proposal. She felt more money should be charged for .0- , r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 • ( #17) WATER TOWER ANTENNA REQUEST (CONTINUED) having an antenna on the water tower. Jabbour moved, Goetten seconded, to direct staff to pursue allowing an antenna on the water tower to the highest bidder, as long as it was not intrusive or over ten feet in height. Ayes 4, nays 1. Kelley noted he was not in favor of having any antennas on the water tower. ( #18) ESTABLISH PUBLIC HEARING DATE FOR YEAR XIX COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING Hurr moved, Goetten seconded, to establish a Public Hearing for allocation of 1994 Community Development Block Grant (CDBG) funds for 7:30 p.m. on March 14, 1994, and to approve the public hearing notice as drafted by staff. Ayes 5, nays 0. ( #19) REQUEST FOR FUNDING FOR PERFORMANCE EVALUATION TRAINING Moorse reviewed the request and noted that he had met with a training • consultant to discuss the work shop, and would like to proceed with planning for the work shop at a cost not to exceed $950.00. • Hurr inquired if any other agencies had been considered which may not be as expensive, and Moorse responded that he would look at another bid this week. Hurr commented she would like to see background and training information on the agencies providing this training to ensure they are capable. Mayor Callahan agreed, and requested staff to provide Council with this information. ( #20) AUTHORIZATION OF ADDITIONAL FUNDING FOR ENGINEERING CONSULTING RELATED TO HIGHWAY 12 Jabbour moved, Goetten seconded, to authorize additional funding for engineering consulting services by SRF in an amount not to exceed $3,000.00 to be funded through the contingency account. Ayes 5, nays 0. ( #21) PARK COMMISSION REAPPOINTMENTS Mayor Callahan moved, Hurr seconded, to appoint Dick Flint, Sherokee Ilse and Susan Wilson to additional terms on the Park Commission beginning 1/1/94 and expiring on 12/31/96. Ayes 5, nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 ( #22) PLANNING COMMISSION REAPPOINTMENTS Mayor Callahan moved, Hurr seconded, to support reappointment of Janice Berg and Dale Lindquist to the Planning Commission. Ayes 5, nays 0. ( #23) AGREEMENT WITH BURLINGTON NORTHERN RAIL ROAD - OLD CRYSTAL BAY ROAD BRIDGE Hurr moved, Mayor Callahan seconded, to approve the agreement with Burlington Northern Railroad related to the replacement of the Old Crystal Bay Road Bridge. Ayes 5, nays 0. ( #24) CONSIDERATION OF A JOINT COUNCIL /PLANNING COMMISSION WORK SESSION Mayor Callahan commented he felt this was an excellent suggestion and felt it should be done within the next two weeks. The Council agreed to hold the joint Council /Planning Commission meeting on March 11, 1994 at 8:00 a.m. ( #25) REQUEST FOR FUNDING FOR PLANNING COMMISSIONER TRAINING . y 0 Hurr moved, Goetten seconded, to grant permission for staff to enroll Planning • Commission members in the Land Use Planning workshop and the advanced seminar. Ayes 5, nays 0. ( * #26) LICENSES Jabbour moved, Mayor Callahan seconded, to approve the following license: Special Event Permit - L. Cramer Designers & Builders Home Display 521 North Stream Road February 26 -March 20 Weekend hours 12 -6 p.m. Weekday hours 3 -7 p.m. Ayes 4, nays 0. ( * #27) BILLS Jabbour moved, Mayor Callahan seconded, to approve payment of the All Funds Account. Ayes 4, nays 0. n LJ 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 14, 1994 i OTHER BUSINESS Kelley inquired if it was possible to pull the permit for Isenger because his hauling was causing problems on the roadways. Hurr inquired if it would be possible to have an officer on the site to oversee the traffic, or possibly a flagman to avoid having an accident. Mayor Callahan stated that the City cannot pull the permit without holding a hearing. Mabusth stated that staff has been monitoring this situation, and will continue to do this and also ensure that he keeps the roadway clean. Jabbour moved, Goetten seconded, that staff is given the authority to find the legal vehicle to stop the hauling without having to bring it before the City Council. Ayes 5, nays 0. The Council adjourned to Executive Session at 10:17 p.m. ADJOURNMENT 0 Dorothy M. IIallin, City Clerk 0 11 Edward J. C ahan, Jr., MyAr-