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HomeMy WebLinkAbout04-11-1994 Council MinutesMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 i 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 Kevin Staunton, City Administrator Ron Moorse, Police Chief Stephen Sullivan, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, 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. Chief Sullivan introduced Police Officer Mike Carlson to the Council, noting that he had been a member of the Police Reserve for the past eleven years and now will be a part time police officer for the City of Orono. Mayor Callahan welcomed him on behalf of the City. ( * #1) CONSENT AGENDA Mayor Callahan requested that items #3, #7, #8, #11, #13, #14, #15, #16 be added to the Consent Agenda and Item #12 be removed. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. • ( *#2) APPROVAL OF MINUTES • It was moved by Jabbour, seconded by Goetten, to approve the Minutes of the March 28, 1994 City Council Meeting as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS - Dick Flint There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Charles Nolan There were no Planning Commission comments. ( * #3) #1862 THREE STAR TRUCKING, 2590 WATERTOWN ROAD - FINAL SUBDIVISION - RESOLUTION NO. 3407 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3407 approving #1862 Final Subdivision for Three Star Trucking at 2590 Watertown Road. Ayes 5, nays 0. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING �. HELD APRIL 11, 1994 ( #4) #1885 LUNDGREN BROTHERS CONSTRUCTION, INC. - 2675 SIXTH • AVENUE - PRD /SUBDIVISION - SKETCH PLAN REVIEW Mabusth gave the staff report and requested Council direction to staff and the applicants regarding the issue of density. Staff supports the use of the PUD zoning designation for the development of this property because of the many wetlands and their placement throughout the property. She noted that the project is located within the MUSA boundary but sewer is not immediately available to the site. Discussion ensued regarding the requirements for a Planned Unit Development zoning designation for properties both with and without sewer availability. Mabusth noted that in this case, the availability of sewer made all the acres count towards the overall density for the project. Jabbour commented he felt the two acre lot size should be retained because that was how the City of Orono was developed, and not just because there was sewer available to the property. Kelley concurred, and noted he felt that two acre lots would be compatible with the surrounding area. Hurr commented she had some difficulty requiring two acre homesites in a sewered zone, but felt that the project should be developed as a PUD. Goetten commented she would prefer to see a lower density for the project. Mayor Callahan commented he observed the consensus of the Council was they preferred a 2 acre zoning but there was the possibility of something less than that because of the possible PUD zoning designation. He felt the Planning Commission should review the proposal and consider whether they felt the PUD zoning designation was appropriate. • John Uban, Shardlow, Dahlgren and Uban, representing the developer, inquired what the opinion of the Council was regarding the density. He noted they have added open space to the plans which will benefit the community, and they believe the proposed density of 44 units will be a good development plan. Mayor Callahan stated that if the Planning Commission recommends changing the zoning to PUD then the City will be required to hold a public hearing and have the zoning amendment approved by the Metropolitan Council. Kelley commented he felt there should be no more than 29 building sites in the development, and Jabbour concurred. Mayor Callahan commented it appeared the Council preferred the current zoning designation. Uban stated they would present their project to the Planning Commission for their review and recommendation. It was moved by Mayor Callahan, seconded by Kelley, to have the Planning Commission review #1885 Lundgren Brothers Construction, Inc. PRD /Subdivision located at 2675 Sixth Avenue. Ayes 5, nays 0. • 0A MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 • ( * #5) #1898 PAUL & ROSE HAUSER, 2801 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 3408 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3408 approving #1898 Variances for Paul and Rose Hauser and 2801 Casco Point Road. Ayes 5, nays 0. ( #6) #1901 TAMDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION Mabusth reviewed the preliminary subdivision proposal and noted that the issues to be determined by the Council were relative to the Park Dedication Fee and the areas which would be credited against the park dedication fee, including the cost of construction of the Old Crystal Bay Road bike trail. She noted that the developer has agreed to construct the interior bike trails. Discussion ensued regarding the method of establishing the value of the property which is the means by which the calculations are made for the park dedication fee. Jabbour stated he was willing to reimburse the developer for the cost of the bike paths which were part of the City's plan but any additional trails which were being constructed internally would be at his own expense. Mayor Callahan stated he felt the internal trails should be public trails; Hun concurred, and stated the access to the trails should also be public. However, the internal trails were an amenity to the development and she felt the developer should not be • reimbursed for those construction costs. She noted that the old barn and house on the lot proposed as a park should be removed, and she wanted to have the costs of the trail established prior to it's construction to avoid any hidden costs. Kelly stated he did not feel the interior trails should be deducted from the park dedication fees; Goetten concurred. Hurr stated she would like to see the interior trails installed even though the developer would not receive park dedication credit for their construction. Dick Putnam stated they would construct them anyway. Hun stated she felt there was value in having the trail constructed prior to the homesites being sold because people would not complain about an existing trail. Jabbour commented he wanted the trail constructed to Hennepin County standards. Dick Flint, Park Commission Chair, reviewed the potential costs of the trail construction and noted that it was going to be more expensive because of it's location. He noted that if the Council determined park dedication credit was to be given for the trail construction it should be based on the straight trail cost, rather than the proposed meandering trail location cost. He stated that the Park Commission had considered how to handle the issue of trails that are constructed along transportation routes and the Park Commission liked this and recommended that the developer construct and pay for it for that reason. He noted that Hennepin Parks would give the City credit for part of it and will help with the costs of construction for the entire segment. He believed the costs would be approximately $30 /foot based on Hennepin • County figures. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 ( #6) #1901 TAMDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - • PRELBUNARY SUBDIVISION (CONTINUED) Mayor Callahan stated he felt the cost of constructing the trail should be deducted from the park dedication fees. Goetten agreed. The consensus of the Council was that the cost of the bike trail and the easement for the land be deducted from the park dedication fee. Kelley concurred, noting that it should be limited to the Dickey property. Mayor Callahan called for discussion of whether to accept Outlot A as a park dedicated to the City. He understood that the property owner, Mrs. Dickey, wished the land to be dedicated as a park and conveyed to the City, and he felt that the City should accept it. However, he noted that the house and barn existing on the property should be removed to avoid environmental problems in the future. He stated he did not believe the land value should be deducted from the park dedication fee. Putnam discussed the merits of whether it was determined to be an historic site or retained as an Orono historic park. He stated he felt the status of the barn should be clarified before it was removed, in the event that it might be restored and used as an interpretive center for the native American burial grounds. Hurr stated that the City was not equipped to handle the structures and the potential for vandalization and policing would place demands on City staff, and the insurance costs to retain those structures would be financially expensive as well. Putnam stated he would • commit to removal of the structures, but wanted to have an assessment done before they were removed. Jabbour commented he felt the house must be removed, and while the City agreed that the land was holy land, it would not be credited against the park dedication fee. Discussion ensued regarding the possibility of obtaining private funding to restore the barn prior to requiring the developer to remove it. Putnam inquired if the Council would approve retaining Outlot A as private open space within the development and Mayor Callahan responded that he believed it would cause many problems because the people who wished to visit the site would not be residents within that development. He felt it would be best to keep it as a public park. It was moved by Mayor Callahan, seconded by Jabbour, to approve #1901 Preliminary Subdivision for Tandem Properties, and direct staff to prepare a revised resolution with the inclusion of the provisions discussed and agreed to by the City and the developer for Council adoption at the April 25, 1994 Council meeting. Ayes 5, nays 0. ( *#7) #1907 JAMES AND JOAN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCES - RESOLUTION NO. 3409 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3409 approving #1907 Variances for James and Joan Jundt at 1400 Bracketts Point Road. Ayes 5, nays 0. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 • ( *#8) #1908 DAVID CARLSON, 620 BIG ISLAND - CUP /VARIANCE - RESOLUTION NO. 3410 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3410 approving #1908 Conditional Use Permit and Variances for David Carlson at 620 Big Island. Ayes 5, nays 0. (#9) #1910 ORONO SCHOOL DISTRICT #278, 795 OLD CRYSTAL BAY ROAD - CUP - RESOLUTION NO. 3411 Mabusth reviewed the staff report and noted that there is another improvement that the school failed to include with the application. This requires a variance for the location of the concession /storage building which is proposed to be 12' x 12' and will be located 45' from the western lot line. This will require a 5' variance. Neal Lawson reviewed the proposal and explained why the proposed structure required the variance. Hurr noted she was not comfortable approving a variance which had not been advertised and of which the public had not been notified. Jabbour stated he felt that the applicant should go through the variance approval process, but he was prepared to approve the conditional use permit as requested. It was moved by Hurr, seconded by Kelley to adopt Resolution No. 3411 approving #1910 • Conditional Use Permit for Orono School District #278 at 795 Old Crystal Bay Road and the variance request shall be processed through the Planning Commission as required by ordinance. Ayes 5, nays 0. ( #10) RICHARD R. HANSEN - REQUEST TO AMEND DEVELOPER'S AGREEMENT FOR FOXWOOD SECOND ADDITION Mabusth reviewed the petitioners request that the developer's agreement be amended to allow the road to be constructed only at the time a building permit is issued for Lot 2. Mr. Hanson was asking permission to allow a building permit to be issued for Lot 1. Larry Berg, representing Mr. Hansen, stated he understood that shared driveways were permitted in the City. He stated the City could not issue a building permit for Lot 2 without the road being constructed. He explained that there was no money available to construct the road at this time but that Lot 1 could be sold if the purchasers could develop it. He explained that they had the assurance from the DNR that Lot 2 would be deemed buildable, but that was not yet officially established. Hurr stated that the Council had approved the subdivision and the DNR had been asked to reclassify the upper basin of French Lake. She felt that the road should be constructed as originally required. Discussion ensued regarding the potential buildability of Lot 2 and the developer's economic hardship. Berg maintained that Lot 2 was not buildable until the roadway was constructed, • so the City would not be risking anything by permitting a building permit to be issued for 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 ( #10) RICHARD R. HANSEN - REQUEST TO AMEND DEVELOPER'S • AGREEMENT FOR FORWOOD SECOND ADDITION (CONTINUED) Lot 1. He stated Mr. Hansen was willing to post a letter of credit or cash sufficient to cover the cost of constructing the road if the Council wished. It was moved by Hurr, seconded by Jabbour not to amend the original agreement and require a letter of credit or cash, at the discretion of the developer, to be posted as originally required before a building permit can be issued to Lot 1. Ayes 5, nays 0. ( * #11) 1994 JOINT USE DOCK LICENSE - VETS CAMP, BIG ISLAND - RESOLUTION NO. 3412 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3412 directing staff to issue a joint use dock license to Board of Governors, Big Island Veteran's Camp, subject to conditions noted herein for the period of January 1, 1994 to December 31, 1994. Ayes 5, nays 0. ( #12) UPDATE ON 1994 MARINA LICENSE APPLICATION Gaffron stated that all the marinas were issued licenses in 1993, and noted that Gayle's Marina has paid for licenses the last two years. He stated that marina owners are charged a $50 late fee when their applications are late. • MAYOR / COUNCEL REPORT Jabbour inquired how much area was available for expansion around City Hall and about the capacity of the sewer to handle the additional development. He felt that it was important information for the Planning staff and City Administrator to have to assist them in making decisions. Kelley inquired about the plans and specifications for the bridge and when they would be able to view them. Cook responded that they were available now, and he would be sure that the Council reviewed them. He stated they expect to begin construction in June. Mayor Callahan commented that they had been unable to interview the firm of Popham Haik for the position of City Attorney, and suggested that perhaps that could be done on April 25th at 5:00 p.m. The Council concurred. ENGINEER'S REPORT Cook stated that he had met with the people concerning the Brown Road construction project and discussed the issues with them. He stated the residents were very supportive of the bike path because of safety concerns. He noted they felt the street width should be 28' and the residents intend to submit a petition requesting this. Staff's position was that the road should is 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 r ENGINEER'S REPORT (CONTINUED) be 32' in width which would allow for parking on one side. He stated that if the Council decided to construct the road to 32' the residents should be invited to appear before the Council to discuss it. Kelley inquired if the 28' width would meet MSA standards, and Cook responded affirmatively. Goetten stated she did not see why the road could not be built to 28' as desired by the residents. Jabbour commented that if the residents did not want to park on their road then the 28' width was okay with him. Mayor Callahan commented that he felt it would be good to meet with the residents to discuss their wishes, and requested staff to schedule this item for the April 25th agenda. CITY ADMINISTRATOR'S REPORT ( * #13) EMPLOYMENT OF PART -TEVIE POLICE OFFICER It was moved by Jabbour, seconded by Goetten, to approve the hiring of Mr. Carlson effective 4/15/94 at the rate of $10.92 per hour. Ayes 5, nays 0. ( * #14) EMPLOYMENT OF PART -TEVIE CLERICAL POLICE DEPARTMENT is It was moved by Jabbour, seconded by Goetten, to approve the hiring of Ms. Knollenberg at the rate of $8.826 per hour, effective immediately. Ayes 5, nays 0. C7 ( * #15) EMPLOYMENT OF ASSISTANT FINANCE DIRECTOR AND SR. ACCOUNTING CLERK It was moved by Jabbour, seconded by Goetten, to approve the hiring of Chris Miller as Assistant Finance Director at the rate of $13.60 per hour effective May 2, 1994. Ayes 5, nays 0. It was moved by Jabbour, seconded by Goetten, to approve the hiring of John Olson as Sr. Accounting Clerk at the rate of $11.729 per hour effective May 15 to June 1, 1994. Ayes 5, nays 0. ( * #16) AGREEMENT WITH THE CITY OF LONG LAKE TO PROVIDE RECIPROCAL EMERGENCY WATER SUPPLY It was moved by Jabbour, seconded by Goetten, to approve the agreement with the City of Long Lake to provide reciprocal emergency water supply and request Mayor and City Administrator to sign the agreement. Ayes 5, nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING - HELD APRIL 11, 1994 ( #17) DEDICATION OF FRENCH LAKE PRESERVE PARK LAND - RESOLUTION • NO. 3414 Jabbour commented he felt there could be a future problem if they spent park dedication funds on land that was not dedicated park land. Hurr stated she felt it should be a park instead of a preserve to avoid confusion in the future. It was moved by Mayor Callahan, seconded by Jabbour, adopt Resolution No. 3414 designating the area known as French Lake Preserve as park land and transferring the estimated value of the park land ($90,000) from the Park Fund to the Building Fund. Ayes 3, nays 2. Kelley voted nay because he did not want the money transferred. Hurr voted nay because she felt there was insufficient information provided. ( * #18) TAX FORFEIT PROPERTY - RESOLUTION NO. 3413 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3413 releasing tax forfeited property to adjacent property owners only. Ayes 5, nays 0. ( * #19) ESTABLISH SPRING CLEAN UP DATES It was moved by Jabbour, seconded by Goetten to designate April 30 and May 7, 1994 as the Spring Cleanup Days with the guidelines listed in the staff report. Ayes 5, nays 0. #20) ESTABLISH PARK SURVEY WORK SESSION The Council determined to hold the Park Survey Work Session on April 20, 1994 at 8:00 a.m. or on April 19, 1994 at 8:00 a.m. (#21) ESTABLISH DATE FOR SEPTIC SYSTEM WORK SESSION The Council determined to set a date for this work session at their May 9, 1994 Regular Council meeting. (#22) PURCHASE OF WINDOW TREATMENTS FOR CITY FACILITIES It was moved by Goetten, seconded by Jabbour, to approve the additional window treatments at the City facilities by On- Windows at a cost of $1,368.00 to be funded from the Building Fund. Ayes 5, nays 0. (#23) TEMPORARY WAGE ADJUSTMENT - SR. ACCOUNTING CLERK It was moved by Hurr, seconded by Kelley to approve a temporary 10% wage increase for Sr. Accounting Clerk Charlotte Knutson for the additional duties performed during the long- term absence /replacement of the Assistant Finance Director as follows: for the period February 2, 1993 through April 11, 1993, an additional $1.268 per hour and for the period • 0 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 (#23) TEMPORARY WAGE ADJUSTMENT - SR. ACCOUNTING CLERK (CONTINUED) January 31, 1994 through July 8, 1994 an additional $1.303 per hour. Ayes 5, nays 0. (#24) LICENSES Moorse informed the Council that the dog owned by Mr. Faras had been impounded by the police and Mr. Faras had informed staff that the dog would be kept on a chain in the future. Means of enforcing the ordinance and possible provisions for revocation of the kennel license were discussed. Staunton stated that if the dog becomes a nuisance, the kennel license can be revoked at the discretion of the City Council. Mayor Callahan moved, Kelley seconded, to grant the following licenses: Septic System Installer: Koch's Soil Testing Thompson Plumbing Corporation Westwood Professional Service Special Events Permit: Jack Moran Fred Kurz Memorial 10 Mile Foot Race April 16, 1994, 8:30 - 10:30 a.m. Hennepin Parks Tour de French Bike Ride June 18, 1994, 10:00 a.m. - 4:00 p.m. Residential Kennel License: Anthony Faras 975 Tonkawa Road Ayes 5, nays 0. ( *#25) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nays 0. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 ADJOURNMENT The meeting was adjourned at 10:21 p.m. 10 Edward J. Callah r., Mayor ` a - LJ 0