Loading...
HomeMy WebLinkAbout04-25-1994 Council Minutes41 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 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 Hun. The following represented staff: City Attorney Kevin Staunton, City Administrator Ron Moorse, Police Chief Stephen Sullivan, Finance Director Thomas Kuehn, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Shawn Gustafson, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:33 p.m. PRESENTATION - Denise Kautzer Denise Kautzer, State Representative of GFOA, presented a Certificate of Achievement for Excellence in Financial Reporting to Mayor Callahan and Finance Director Tom Kuehn for the year ended December 31, 1992. Mayor Callahan congratulated Finance Director Kuehn, Linda Walters, and Charlotte Knutson on the fine job they had done for the City of Orono. Finance Director Kuehn noted that this was the 6th consecutive year the City's Comprehensive Annual Finance Report had received the award. PUBLIC INFORMATION MEETING • ( #1) PROPOSED CLOSURE OF PROSPECT AVENUE • Moorse reviewed the proposal to close approximately 200' of Prospect Avenue to eliminate the roadway through the park area, and eliminate possible safety problems which could arise if that portion of the roadway is left open. Curt Quady, 1223 South Brown Road, asked why they were not proposing to close Crystal Avenue also, since it too went through the proposed park. He stated he was in favor of closing Prospect Avenue, but felt that Crystal Avenue should be closed as well. Lili McMillan, Park Commissioner, stated that they felt that closing both roads would create too great a disruption to the neighborhood. Terry Morse, 2880 Spates Avenue, stated he was appreciative of the park and supported the closure of Prospect Avenue. Judy Christenson, 1251 South Brown Road, inquired if the roadway were closed rather than vacated, would that mean the City could not have any structures on the property. Mayor Callahan responded that would not be a problem. Jabbour commented the intent of the Council was to turn this area into a park as was promised to the neighborhood. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 ( #1) PROPOSED CLOSURE OF PROSPECT AVENUE CONTINUED) • Goetten commented she supported closing Prospect Avenue but felt that to also close Crystal Avenue would be too great a disruption to the neighborhood. She felt the present proposal was a reasonable solution. Kelley concurred, and noted he supported the proposal. Mayor Callahan agreed, and inquired if the road closure would adversely impact the parking at the Art Center. Mabusth responded negatively. It was moved by Hurr, seconded by Jabbour to authorize the closure of Prospect Avenue from Brown Road (Co. Rd. 146) to Arbor Street. Ayes 5, nays 0. ( *#2) CONSENT AGENDA Kelley requested that items #13 and #14 be added to the Consent Agenda. It was moved by Goetten, seconded by Hurr, to approve the Consent Agenda as amended. Ayes 5, nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF APRIL 11, 1994 It was moved by Goetten, seconded by Hurr, to approve the Minutes of the Orono City Council Regular Meeting held on April 11, 1994 as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS - Richard Flint There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Sandra Smith There were no Planning Commission comments. PUBLIC COMMENTS Curt Quady, 1223 South Brown Road, stated he had requested the City to remove the trees in the alley behind his house three years ago, and had not had any action to date. He stated he had discussed the problem with his neighbors, and they supported him in his request to have the trees removed. He noted that there are a couple of power lines which go through the trees which will require that they be professionally removed. Gerhardson requested the Council to allow him to review the situation and get complete information before making any arrangements regarding this request. Mayor Callahan requested that Mr. Quady meet with Gerhardson to review the situation, and then make a recommendation to the City Council for authorization to proceed with the tree removal. is 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 POLICE CHIEF'S REPORT Sullivan presented his report to the Council and gave an analysis of the statistics related to the 1993 Police activities... He introduced Lt. J. Marc Fritzler, who.had submitted his _ resignation from the Police Department. Mayor Callahan expressed regret that Lt. Fritzler was leaving the Police Department and thanked him for his many years of dedicated service to the community. ZONING ADMINISTRATOR'S REPORT ( #4) #1901 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO.3415 Dick Putnam, Tandem Properties, stated they were requesting to remove Outlot A from the Preliminary Plat approval, because they had not been able to determine it's status officially as to whether that parcel contained sacred ground. He had approached the Council of Indian Affairs, which was undergoing personnel changes, and had not been able to get them to make a determination. He requested that the Council delete Outlot A from the plat, and postpone action regarding the park dedication credit until review of the second phase subdivision of 21 lots. He stated they would plat the easements for the internal trails, so that Outlot A will be connected to the trail system whether it's determined to be a public park or • internal open space for the development. Jabbour stated he was very uncomfortable allowing any development to occur until they knew exactly what ground was sacred ground. Putnam responded that they were having difficulty in getting someone to take an official position on that issue. Mayor Callahan noted that the State Highway Department had not taken a position regarding this site because no one could tell them whether the land was sacred, and he felt that the City should avoid making a determination regarding whether the land was a sacred site. Discussion ensued regarding the possibility of getting some agency to make a determination within a reasonable length of time, so that the development could proceed. Putnam commented that Outlot A was not required by the City's park plan, but he felt they should receive credit for the dedication of the outlot against the park dedication fees. He noted that they had been informed that the land they had purchased for this development contained a site of historical significance, and they paid for that area along with the rest of the property. He felt they should not be charged park dedication fees on land they were going to dedicate as public property. Hun inquired if the preliminary approval called out the proposed use of Outlot A and was the area of the park included in the determination of the park dedication fees. Mabusth responded affirmatively, and noted that the Council had given clear direction regarding the dedication of Outlot A as a public park and that the area would not be credited against the park dedication fee. Putnam commented he felt that the developers should be given credit 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 PROPERTIES, ( #4) #1901 TANDEM PROPE , 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. (CONTINUED) for the three acres -in Outlot A and should not be charged park dedication fees on land that - would be public land. He stated that Mrs. Dickey had wanted the site protected and they believed that the City was the best agency to do that. Mayor Callahan noted that a homeowners association would have difficulty when people from outside the neighborhood wanted to visit the sacred site, and he believed the City was the proper agency to deal with that issue. Sherokee Ilse requested the Council to delay taking action to allow her to work with Mr. Putnam to resolve the issue of the sacred site in Outlot A. She noted that the first people who alter a sacred site are the people responsible to prove whether it is or is not a sacred site. If the City accepts the site then it will become the City's responsibility to prove whether it is or is not sacred land. She felt this should be established prior to the City accepting the land. Mayor Callahan stated he felt that some action needed to be taken because this issue had been discussed and no resolution appeared to be forthcoming in the near future. It was moved by Callahan, seconded by Kelley to deny the developer's request and adhere to the decision made previously regarding the park dedication fees, except that the area included • in Outlot A should not be included in the total value of the property for the computation of the park dedication fee. Ayes 3, nays 2. Jabbour stated he would not support the final subdivision until a final determination was made regarding the location of the sacred site on the property. ( #5) ZONING AMENDMENT - SECTION 10.56 SUBDIVISION 3, ORDINANCE 126, 2ND SERIES Goetten reviewed the staff report. It was moved by Callahan, seconded by Goetten to adopt Ordinance #126, 2nd Series, an ordinance amending Orono's Zoning Code Section 10.56, Subd. 3, amending the definition of "Top of Bluff ". Vote: 5 Ayes, 0 nays. ( * #6) #1792 MINNETONKA POWER SQUADRON - CONDITIONAL USE PERMIT - RESOLUTION NO. 3416 It was moved by Goetten, seconded by Hun, to adopt Resolution No. 3416 approving Conditional Use Permit #1792 for Minnetonka Power Squadron. Ayes 5, nays 0. 0 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 • ( *#'n MINNETONKA POWER SQUADRON - 1994 JOINT USE DOCK LICENSE - RESOLUTION NO. 3418 It was moved by Goetten, seconded by Hurr to adopt Resolution No. 3418 issuing a 1994 Joint Use Dock License to the Minnetonka Power Squadron. Ayes 5, nays 0. MAYOR /COUNCIL REPORT Kelley stated he was very concerned about taking any action which would get the Department of Transportation involved, and he stated he was opposed to any development resulting from the proposal to annex property to the City of Wayzata which could increase the traffic on Highway 12. ( #8) MNDOT AGREEMENT - OLD CRYSTAL BAY ROAD BRIDGE Gerhardson stated that MnDOT serves as the City's agent to apply for the federal funds and the agreement needs to be updated. It was moved by Hurr, seconded by Goetten, to approve the agreement as submitted. Ayes 5, nays 0. PUBLIC INFORMATIONAL MEETING • (#9) RECONSTRUCTION OF BROWN ROAD NORTH • Gustafson reviewed the plans for the reconstruction of Brown Road North using MSA (Minnesota State Aid) funds. He discussed the dimensions of the proposed street improvements and discussed the drainage areas that will be affected. He reviewed the tree replacement program which will replace trees lost during the construction. He noted that ninety -three percent (93%) of the costs for the reconstruction of the roadway will be reimbursed from MSA funds. He stated that if the Council approved the plans, construction could begin shortly, and would be completed next fall. He noted that they will need to acquire some temporary easements, which will be needed before construction can begin, and it may be that a few permanent easements will be needed once final roadway plans are developed. Jabbour inquired if the parking were eliminated how much would that reduce the cost. Gustafson responded that he did not have those figures available. Gerhardson stated that different roadway widths were discussed during a work session and they would be able to eliminate the parking on one side and use no parking signs which would permit parking on one side of the roadway only. Kelley noted that they were considering the feasibility study only and that did not mean that the roadway would actually be reconstructed. Goetten inquired if the improvements would reduce the potential for accidents and Gerhardson responded that he did not have any statistics available on that issue. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 #19 RECONSTRUCTION OF BROWN ROAD NORTH (CONTINUED) • Dennis Kirby, 1020 Brown Road, stated that he believed Brown Road homeowners would support a road that was 28 feet wide. Denny Platteter, 809 Brown Road North, commented that elimination of four feet for parking was incorrect, since vehicles were more than four feet wide. Gustafson responded that the minimum width they can make the road would be 28' since that is the current state standard, and if they don't construct it to that width, they will not receive any MSA funding for the project. Gerhardson stated that the roadway is presently 22 feet wide. George Johnson, 879 Brown Road, stated they had all signed a petition requesting a 28 foot wide roadway. He noted that he did not see cars parked along Brown Road now unless it was a special occasion. He felt that the parking lane could be eliminated. He stated the road needs something done, but it does not need more traffic. He stated that at the rate the area was developing, the traffic would increase, and speed was a problem now. He inquired if sewer would be installed when the roadway was upgraded. He also commented that he would like to see the bike path installed, as it was in Sugarwood. Jo Corneal, 2101 Sugarwood, stated that presently the road was very dangerous, particularly during the winter months when everyone would drive down the center of the road. She felt something needed to be done to make the road wider. She supported the bike path and • jogging trail, and believed the neighbors supported it also. She stated that the intersection of North Brown Road with Highway 12 was hazardous and traffic is dangerous there. Mayor Callahan commented it is not yet known how that intersection will be configured. Tom Lane, 915 Brown Road, stated that the widening of the road will bring the trail and walkway within 25 feet of his front door. He requested that some of the construction be done on the east side of the roadway to reduce the impacts on his property as much as possible. He stated he felt that a parking lane was not needed. Gustafson stated that the roadway was going to be centered within the City's right -of -way but they will be looking at how it impacts adjacent properties. Mr. Schultz, 744 Brown Road, stated he supported the upgrading of the roadway but was opposed to the parking lane. He felt the trail should be located up against the road bed and eliminate the grass median separation between the road and trail to reduce the area needed for construction. Mayor Callahan responded that the safety factor was higher if the trail was separated from the roadway by a median. Schultz was concerned about the drainage and whether the new roadway would increase the problems in the area. Gerhardson responded that they are reviewing the drainage plans and will meet with the homeowners to discuss the plans. Joe Lucas, 1060 North Brown Road, stated he supported upgrading the roadway but was • opposed to the parking lane. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 • (#9) RECONSTRUCTION OF BROWN ROAD NORTH (CONTINUED) Dale Lindquist, 780 Brown Road, concurred with Mr. Lucas. Irma Alvord, 960 Brown Road, also concurred. Charles Schroeder stated he supported the upgrade for the roadway, without a parking lane, and he felt that the bike path should be narrower than the 8' suggested to keep the road narrow and solve problems. He suggested that perhaps the roadway could be constructed as a rural section rather than an urban section to reduce costs. Carolyn Parrish, 1995 West Farm Road, stated she supported the upgrade, but was opposed to the parking lane. Dennis Platteter inquired if there would be any special assessments to homeowners resulting from the roadway upgrade. Mayor Callahan responded that only 93% of the funds would be reimbursed from MSA funds, and the remainder of the money would have to be acquired from other sources. Mayor Callahan closed the public meeting. Goetten commented she felt that a feasibility study should be done to pull some concrete figures together. Kelley stated that he was opposed to placing no parking signs all along the • roadway. Goetten requested people to keep the easement money requests lower, which would in return reduce the roadway costs, particularly for temporary easements. It was moved by Goetten, seconded by Jabbour, to direct staff to prepare plans and specifications and advertise for bids for a 28' residential design road with a bike path. Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( #10) CITY OF WAYZATA PUBLIC WORKS FACILITY Robert Gisvold, Mayor of Wayzata, reviewed their proposal to construct a new public works facility on land currently located in Orono. He described the proposed location and the sight lines from adjacent properties. He discussed the present situation in Wayzata and outlined the reasons why they need the new facility where they can have everyone under one roof. He stated the proposed site is owned by the City of Wayzata but is located within the municipality of Orono. They proposed that the land be annexed into the City of Wayzata, and in return there are some parcels of land in Wayzata, which should probably be annexed by Orono. He noted that the land they own is non - taxable, so Orono will not lose any tax revenues by allowing it to be annexed into Wayzata. Mayor Gisvold stated there would be approximately 15 vehicles entering and leaving the • facility in the morning and evening hours, but because the work day began earlier and ended earlier than rush hour traffic, he did not believe it would create a problem in this location. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 ( #10) CITY OF WAYZATA PUBLIC WORKS FACILITY (CONTINUED) • He did not believe that there would be any significant increase in the traffic levels, and certainly -not enough to warrant a signal at -this location. Gisvold stated that they had been approached by both Orono and Wayzata Hockey Association regarding the possibility of locating an ice arena on the site which would be used for practice only; there would not be any games scheduled, and thus there would not be any spectators. He noted that it was not a package deal, but was something to be considered for part of the site, since the public works facility would not utilize the entire area. Kelley inquired if sewer was available for the property and Gisvold responded that they would prefer to use a septic system to keep the costs down. The Wayzata City Engineer stated they have not done a study nor investigated whether the building would be sprinklered. He stated they may be able to connect to the sewer in the vicinity and that option will be explored. Kelley stated he would be opposed to the project if they have to install a semaphore signal at the intersection because he drove that way every day and traffic was backed up now. Goetten commented that it was too bad that there could not be joint facilities shared between the two neighboring cities to keep costs down. Gisvold responded that had been discussed, • but Orono felt that Wayzata's proposed location was not suitable for Orono's needs. He noted that if a stop light is installed it will be paid for by the City of Wayzata. Jabbour commented that he was present when the public works facility was initially proposed by the City of Wayzata and he thanked them for not proceeding with the annexation process at that time, which could have been done. He felt that the plan proposed was a good one and if they annexed the land into Wayzata, then the problems with the sewer /septic system would become theirs. Discussion ensued regarding the total acreage the City of Wayzata wished to acquire, and it was believed to be five acres. The proposed parcels to be transferred to Orono were discussed. Discussion ensued regarding the traffic levels on Highway 12 and the addition of traffic signals to Highway 12. Hurr inquired if they were considering a joint hockey facility between Wayzata and Orono and Gisvold responded that they are thinking about it. The design of the proposed building was discussed. Mayor Callahan commented he believed the public works facility idea was a good one, and he felt that staff should work with the City of Wayzata to determine which properties would be involved in annexation trade -offs and resolve the issues and concerns related to the proposal. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 • #10 CITY OF WAYZATA PUBLIC WORKS FACILITY (CONTINUED) It was moved by Jabbour, seconded by Goetten, to direct staff to work with the City of Wayzata to develop a plan addressing the concerns discussed and the annexation and trade- offs. Mayor Callahan moved to amend, Jabbour seconded, to table the item until staff can submit a report detailing the proposal. Ayes 5, nays 0. ( #11) 1994 BOARD OF REVIEW MEETING The 1994 Board of Review Meeting is scheduled for April 28, 1994 at 7:00 p.m. ( #12) SCHOOL LIAISON OFFICER Moorse reviewed the staff report regarding the employment of a part -time police officer as the school liaison officer. Hurr was concerned about the salary requirements for the part- time officer, and the potential for unemployment benefits having to be paid if the program terminated. Sullivan responded that the officer was a part -time police officer, and there was no limit on the hours required for that designation; therefore if the school liaison program were to end, the officer could be returned to part -time status, with fewer hours, and the issue of unemployment would be avoided. • Hurr commented she was concerned about the wording in item #2, and Moorse responded that the phrase "based on estimated City costs" would address her concern and clarify the language. It was moved by Callahan, seconded by Kelley, to conceptually approve the agreement, subject to review by the City Attorney. Ayes 5, nays 0. ( * #13) PURCHASE OF FAIRWAY MOWER FOR GOLF COURSE It was moved by Goetten, seconded by Hurr, to authorize the purchase of the Steiner Model 420 tractor /mower from Land Care Equipment in the amount of $24,580.00, including tax and trade. Ayes 5, nays 0. ( * #14) DAVID MAASS ART WORK DONATION It was moved by Goetten, seconded by Hurr, to accept the donation of the wild life print from David Maass, and to follow through to prepare the print and the small plaque for display in the Council Chambers lobby area. Ayes 5, nays 0. E MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 ( #15) STEP ADJUSTMENT - OFFICE DAVID MCNICHOLS Moorse reviewed the staff report. It was moved by Mayor Callahan, seconded by Goetten, to increase Officer David McNichols' salary from $16.944 per hour to $18.826 per hour as of March 16, 1994, as per the 1994 LELS contract currently in effect. Ayes 5, nays 0. ( #16) MICHAEL CARLSON P.E.R.A. CONTRIBUTION - RESOLUTION NO. 3417 It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution No. 3417, to declare that the part -time position held by Michael Carlson is that of a Police Officer. Ayes 5, nays 0. #17) 1993 BUDGET ADJUSTMENTS It was moved by Mayor Callahan, seconded by Hurr, to table this item. Ayes 5, nays 0. ( #18) RESIGNATION OF LT. J. MARC FRITZLER It was moved by Hurr, seconded by Jabbour, to continue discussion of this item to a work session. Ayes 5, nays 0. ( * #19) LICENSES Hurr moved, Jabbour seconded, to reconsider this item. Ayes 5, nays 0. Hurr requested that the home occupation license for Russell A. Norum be removed from the agenda because the property has a sign, which she believed was not permitted. It was moved by Jabbour, seconded by Hurr to approve the following licenses: Commercial Kennel License Septic System Installers Ayes 5, nays 0. The Dog House Boarding Kennels, Inc. Brian Fulmer 3505 Wayzata Boulevard McCarty Water & Waste, Inc. Maple Plain Ingleside Eng. & Const. Inc. Loretto 10 'i L� • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 • ( *#20) BILLS It was moved by Goetten, seconded by Hurr, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT The meeting was adjourned at 10:55 p.m. A' • in, City Clerk 11 Edward J. C ahan Jr., Mayor