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HomeMy WebLinkAbout11-28-1994 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 28,1994 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members JoEllen Hurr, Gabriel Jabbour, and Charles Kelley. J. Diann Goetten was absent. Representing Staff were City Administrator, Ron Moorse; Public Works Director, John Gerhardson; City Attorney, Tom Barrett; Building and Zoning Administrator, Jeanne Mabusth; Assistant Planning and Zoning Administrator, Michael Gaiiron; City Engineer, Glen Cook, and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. OATH OF OFFICE - PART - TIME POLICE OFFICERS Part-Time Police Officer Neil Melton was sworn in as a police officer for the City of Orono by City Administrator, Ron Moorse. Melton was introduced to the Mayor and Council Members. (x #1) CONSENT AGENDA Items 95, 7, 12, and 13 were added to the Consent Agenda. Jabbour moved, Kelley seconded, to approve the Consent Agenda as amended. Ayes 4, • Nays 0. INFORMATION DISCUSSION -SAGA HILL TAX FORFEIT PROPERTY Callahan reported that the City has an opportunity to acquire the Saga Hill tax forfeit property from the County. A resolution to that fact was passed at the last Council meeting. Mayor Callahan indicated the Council, at its November 14 meeting, directed Staff to move ahead to acquire the property at no cost to the City. The meeting was to allow the three parties interested in this property to voice their interest in the property. They are (1) Mr. and firs. Valek, (2) Bridgewood Corporation, the developer of a proposed subdivision, and (3) the Saga Hill Preservation Society, a neighborhood group. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1994 (Saga Hill Tax Forfeit Property - Continued) p Steven Valek reported that he was the original owner of the tax forfeit parcel and when he sold the land to a developer, a lot -line rearrangement was to have been done to allow them to expand their rear yard. The developer lost the land and the rearrangement along with it. It was never their intent to sell all of the land- Valek said he was denied the right to reclaim the property as a result of the tax forfeiture. Valek asked the County to sell to them approximately a half -acre to relieve some hardship due to flooding. it use of the property and the ability to maintain the drainage system, his property will flood. The County has recently agreed to approve his request and Valek is now asking for City approval. Valek said this acquisition will not interfere with the rest of the land. Moorse said the County is looking at expanding the area which is now a pond. Even if the Valek's acquire the requested property, an easement would be granted to the County. Callahan indicated he understood the acquisition of the tax forfeit parcel was an all -or- nothing proposition. Moorse said that although this was true, the County will allow the Valek's to buy a portion of the property. This was worked out over the past two weeks. The Bridgewood Corporation is in the planning process of developing a 28 -lot subdivision over a 30 acre area, which is proposed to include the 9 acre tax forfeit parcel. Mr. Kryzaniak of Bridgewood said their company is sensitive to the environmental issues and the need for parkland. Bridgewood's proposal is to trade two acres of wetland and • seven acres east of the tax forfeit parcel, the Soskin property for the tax forfeit parcel. Kryzaniak said the topography of the parcel is flatter and more suited to a residential development. Another representative of Bridgewood reported on the layout of the development plan. He commented that the Soskin property is hilly , with a wetland area, trees, and a ravine, and would be good park land. It would be their intent to enlarge the wetland for runoff and construct swales to maintain proper drainage. He also noted an access if the Soskin property were to become a park, it would have very good access from Wildhurst. Also, the existing platted right -of -way is now located next to a swale, and Bridgewood considered this not to be a good location for a road. r� 2 N UNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. 1994 (Saga Hill Tax Forfeit Property - Continued) Jabbour was concerned with the property being for public use, and yet, by a trade, the City would, in his opinion, become an agent for the developer. The Bridgewood representative said they would not develop if the City keeps the tax forfeit parcel as there are too many environmental issues in developing the Soskin property. Council members said they could not be concerned with the end result of the developer but only the good of the public where this land is concerned. Hurr noted that this acquisition was resolved in January of 1994, and no negotiations have been done with the Council by Bridgewood on this property. The Saga Hill Preservation Society was represented by Patricia Affeldt and Irene Silber. Their purpose was to see that the City acquire the 9.5 acre parcel for public use, remind the Council of the City's own development policies, and ask the City to assign the Park Commission to study Saga Hill. The Committee related the history of the area and noted an access available to the parcel through a church property. The Orono Park Survey was brought to the Council's attention. The survey showed the public's concern with preserving more natural land and passive park areas. 62% of those surveyed said they would support higher taxes for nature preserves even though the majority of those polled noted the amount of their real estate taxes was their biggest concern. The Preservation Society said they were not opposed to development but were opposed to development of environmentally sensitive areas which they deem Saga Hill to be. The • Orono Management Plan was quoted as saying the preservation of Lake Minnetonka was the guiding principle of the City. The Preservation Society feels any development of Saga Hill would affect the lake. They also noted that the Orono Planning Policies indicate that rural development should be screened for environmental sensitivity. It was commented by the Preservation Society that they approve of the Valek's obtaining the one -half acre of additional land for their property. • Access to the property was discussed. A 15' alley easement from the south of the property which could be used as a walking path. This path goes through the Valek's property. Hurr asked the Valek's if they would be willing to move the easement to the side of their property, and the Valek's said they would consider this proposal. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. 1994 (Saga Hill Tax Forfeit Property - Continued) reported that the potential development talks between the City and Bridgewood • Moorse epo � occurred at the same time as the tax forfeit parcel was under consideration for acquisition_ Staffs thinking during discussions with Bridgewood was that if there was to be residential development in the area, it is wise to see where the best location would be for a park. It made sense to keep all options open in terms of parkland vs. residential development. Moorse said some kind of land swap might be a viable alternative if the Council feels the area should have some type of residential development. Kelley said he is a supporter of parkland and feels it is best to preserve land where we can. Hurr also voiced her support of parkland. Huff also supported the Valek's in their effort to add the additional one -half acre to their property and would like to see the easement access moved to the side of the Valek property. Mayor Callahan asked whether any additional action needed to be taken by the Council. Moorse said a new resolution would need to be adopted_ Callahan commented that all concerned feel the Valek`s should acquire the specified land. He noted the need to be sensitive to property owners with land to be developed in that area. It was his opinion that the Park and Planning Commissions be involved in the study • of a plan for the area. The other Council members did not feel a study was necessary at this time, only the acquisition of the parcel. During discussion, several neighbors in the Saga all area expressed their views on favoring the land as parkland. Callahan moved, Huff seconded, to reaffirm the acquisition of 9.5 acres by the City, working with the County and the Valeles on the appropriate land amount to be adjoined to the Valek property, and obtaining an easement from the Valek's to have access to the parcel. Ayes 4, Nays 0. APPROVAL OF MINUTES (- #2) MEETING OF CANVASSING BOARD NOVEMBER 9, 1994 Jabbour moved, Kelley seconded, to approve the Minutes of the Canvassing Board Meeting held on November 9, 1994. Ayes 4, Nays 0. (- #3) REGULAR MEETING OF NOVEMBER 14, 1994 Jabbour moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of November 14, 1994. Ayes 4, Nays 0. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1994 • PARK COMMISSION COMMENTS Richard Flint had no comments at this time_ PLANNING COMMISSION COMMENTS There were no members of the Planning Commission present at this meeting. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT (#4) #1895 PAT WOLFE, 2871 CASCO POINT ROAD - AFTER - THE -FACT VARIANCES Application #1895 was tabled until the Council meeting of December 12, 1994, at the request of the Applicant. (' 45) 41914 TRAFF /COLWELL, 2640 NORTH SHORE DRIVEI1130 OLD CRYSTAL BAY ROAD SOUTH - SUBDIVISION OF A LOT LIME • REARRANGEMENT - RESOLUTION #3498 CJ Jabbour moved, Kelley seconded, to adopt Resolution 93498, approving a subdivision of a lot line rearrangement for Thomas and Phyllis Colwell of 1130 Old Crystal Bay Road South and Tim and Beth Traff of 2640 North Shore Drive. Ayes 4, Nays 0. (#6) #1%8 KEITH & VIVIAN BANGERT, 3500 BAYSIDE ROAD - VARIANCEICONDITIONAL USE PERMIT - RESOLUTION #3499 The Applicants were present. Gaffron reported that this application was reviewed by the Planning Commission who recommended denial, but the Council granted conceptual approval as the lot was deemed buildable. Revised plans were to be submitted, and the plan was to limit the portion of the driveway in the right -of -way to just the access. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1991 (#6 - #1968 - Bangert - Continued) The Applicant's plan calls for a driveway of 8 -10% slope, entering at the east end of the • lot with retaining walls to the rear. The driveway would run across the front of the property and then turn back toward the building pad. After walking the property and noting the large number of mature trees which would be destroyed by this plan, Gaffron has developed another possible approach to the building pad. It was suggested that the driveway come up the East side of the property to include retaining walls on both sides creating a trench -like entry into the property. Less trees would be affected by this plan in the 0 -75' zone. The amount of retaining wails would double, resulting in higher cost to the applicant but would have less visual impact from the lakeshore. Gaffron said the DNR is in favor of a lesser visual impact. The amount of hardcover in the 0 -75' zone would decrease from 42% to 12% by this plan. The City Engineer has indicated both plans are feasible. Builder, Jerry Roelofs, said this plan had been considered but with the greater cut and more retaining walls, the cost would increase substantially. Jabbour noted that financial hardship cannot be taken into consideration in the decision. Roelofs said Staffs plan would give the perception of a narrower lot with the deep tunnel -like cut. He is concerned with the amount of soil to be removed and the run -off in the area. Roelofs also noted the safety issue of cars using the driveway in inclement weather is more of a problem with Stabs plan. There would be no safety net, i.e., a landing, to • protect a car from sliding onto the roadway. The applicant's plan allows for a guard rail. Cook said the applicant's plan with a driveway angle has safety benefits. Hurr asked about the plan being changed from driveway access being 20' west of the property line to now 39. It was commented that the original agreement with the County approved of the driveway access point in the easterly 70' of the lot. Kelley brought up the idea of acquiring an easement from a neighbor for a driveway. It was noted that the City can only recommend this option. The applicants indicated that the neighbors had been approached but neither were in favor of an easement. Hurr moved, Kelley seconded, to approve Staff recommendation resulting in the minimum variance necessary to accomplish access. Mrs. Larson, the property owner, said the County Engineers recommended the cut as their plan presents. Larson said preliminary approval had been obtained, and now Staff was presenting another plan at this late date. Jabbour agreed with this noting that Staff was directed to go ahead with finalizing the applicant's plan. Ayes 1, Hurr; Nays 3, Callahan, Kelley, and Jabbour. Motion failed. Jabbour moved, Callahan seconded, to adopt Resolution #3499 to grant the variances per the resolution draft in the packets which conditionally approves applicant's plan. Ayes 3, Callahan, Kelley, Jabbour; Nays I, Hurr. Motion carried. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1994 • ( * #7) #1969 CITY OF ORONO, 1355 BROWN ROAD SOUTH - VARIANCE - RESOLUTION #3500 Jabbour moved, Kelley seconded, to adopt Resolution #3500 approving a variance to the front setback requirement to enable the construction of a parking lot to serve the Crystal Bay Post Office. Ayes 4, Nays 0. ( #8) B-2 ORDINANCE PROPOSED AMENDMENT Callahan moved, Kelley seconded, to table the amendment to the December 12, 1994 meeting of the Council. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Callahan suggested a work session on Highway 12 Planning be scheduled for 8:00 a.m. on December 6, 1994. The Council members agreed to meet on that date_ Hurr entered into the record a letter written by Hurr voicing her concern with the decision to change the Council meeting times without the item being on the agenda and without her presence. • The time of the Council meetings will be re- considered when all members are present. ENGINEER REPORT 11 Glen Cook had no comments. CITY ADiitNISTRATOR'S REPORT (49) OLD CRYSTAL BAY ROAD BIKE/HIKE TRAIL Moorse updated the Council on where the bike trail plan is at the present time. The Council was provided with a re- drafted agreement with Hennepin Parks and outlined changes. Staff is looking for authorization from the Council to formalize the agreement, and allow Staff to prepare bid specifications and advertise for bids on the first phase of construction of the bike trail. Callahan asked for clarification on what the County will pay. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. 1994 (#9 - Bike/Me Trail - Continued) Moorse said the money from the City for the first phase will be approximately $160,000 • which is the trail from Baker Park along CoRd 6 to Old Crystal Bay Road and south to the new bridge over the railroad. This is a relatively less expensive portion because a large portion of the trail can be built off the right -of -way. The remaining portion will require obtaining easements which is more difficult. There is Iand in the second phase that will more than likely be developed in the future and assistance from developers can be obtained as part of the subdivision approval. The total cost of the trail from Baker Park to the Luce Line is expected to be $613,000, with the City's share being $290,000. Hennepin Parks will fund the remaining costs. Money for the trail is coming from MSA funds, which results in delaying reconstruction of some roads. It was discussed that other options such as grant money should be looked into to assist in paying for the trail. Flint noted that MSA is a replenishable fund and was concerned that the City not use Park Dedication Fee Funds because there are near term needs for these funds. Hurr commented that grant money approval would more easily be obtained when it involved two agencies, such as City of Orono and Hennepin Parks. The City's share of the cost of the planned reconstruction of County Road 6 south of Highway 12 was discussed. Moorse said the MSA 5 -year plan has funded the Watertown Road to Hwy 12 portion of the County Rd 6 right -of -way acquisition at $130,000. It was noted that the Townline Road section will severely divide a property • owner's lot if the road is moved 200' to obtain a right -of -way. Hurr moved, Jabbour seconded, to authorize staff to move ahead to finalize the cooperative agreement for Council approval, and to prepare bid specifications and advertise for bids for the 1995 trail construction. Ayes 4, Nays 0. ( #10)1995 PAY ADJUSTMENTS AND INSURANCE CONTRIBUTION Moorse indicated this item is for pay adjustments and insurance contributions as reflected in the budget for 1995. Jabbour moved, Kelley seconded, to approve the 1995 non -union pay and insurance adjustments as follows: a 2.75% pay increase, a $10 /month insurance contribution increase to $301 /monthly, and a mileage reimbursement rate of $.29 /mile. Ayes 4, Nays 0. 0 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1994 ( #11) CITY FACILITIES ITEMS • Moorse suggested the City continue action on the purchase and installation of facility items as price quotes being received are significantly higher than anticipated. Council members questioned the need for police squad plug -ins when parking is available inside at the public works building. Kelley commented that the differences between the public works department and police department need to be addressed. Callahan moved, Kelley seconded, to table this item to enable City Administrator to take the Council's comments into consideration. Ayes 4, Nays 0. ( * #12) PURCHASE OF TAPE RECORDING EQUIPMENT FOR POLICE DEPARTMENT Jabbour moved, Kelley seconded to approve the purchase and installation of recording equipment for the police department, and sound absorption material for the police interrogation room, at a cost of $4,000 to be funded with drug forfeiture funds. Ayes 4, Nays 0. (x #13) APPOINTMENT OF AUDITOR • Jabbour moved, Kelley seconded, to appoint the audit firm of Malloy, Karnowski, Radoserrich & Co. to perform the required audits for the 1994 fiscal year at an estimated cost of $15,600 plus direct expenses and to assist with the Certificate of Achievement in Financial Reporting Program at a cost not to exceed $1,500. Ayes 4, Nays 0. • ( - #14) CERTIFICATION OF DELINQUENT UTILITY BILLING ASSESSMENT ROLL - RESOLUTION 43501 Jabbour moved, Kelley seconded, to adopt Resolution 43 501, providing for the collection of delinquent charges for 1994 sewer and water utility services, and fees for the annual septic inspection and recycling programs. Ayes 4, Nays 0. ( - #15) DESIGNATION OF SURPLUS PROPERTY Jabbour moved, Kelley seconded, to approve the designation of one pressure tank as surplus property and to direct City Administrator to advertise for bids. Ayes 4, Nays 0_ CITY ATTORNEY'S REPORT City Attorney Barrett requested adjournment to Executive Session at 9A5 p.m. 9 NIINUTMS OF THE REGULAR ORONO CITY COUNCIL ` MEETING HELD ON NOVEMBER 28,199-4 (*#16) LICENSES Jabbour moved, Kelley seconded, to approve the following licenses: Ayes 4, Nays 0. • Residential Kennel License Kenneth & Karen Rolland 4119 Oak Street Non - Intoxicating Malt Liquor Navarre Lanes Off and On Sale 3435 Shoreline Drive Non - Intoxicating Malt Liquor O'Sullivans Off Sale 2420 Shadywood Road Orono Self Service 2160 Wayzata Boulevard Off Sale Liquor Navarre Liquors, Inc_ 3421 Shoreline Drive On Sale Liquor & Sunday Jimmie's Lounge 3380 Shoreline Drive Club On Sale Liquor Woodhill Country Club • 200 Woodhill Avenue Club On Sale Liquor & Sunday Wayzata Country Club 200 Wayzata Boulevard (* #17)BELLS Jabbour moved, Kelley seconded, to approve payment of the All-Funds Account. Ayes 4, Nays 0. • 10 1-0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1994 ADJOURNMENT • The meeting was adjourned to Executive Session at 9:45 p.m. • • ATTEST: I