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HomeMy WebLinkAbout01-11-1993 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ROLL The Council met on the above date with the following members present: Mayor Callahan, Councilmembers J. Diann Goetten, Charles Kelley and JoEllen Hurr. Gabriel Jabbour was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, City Clerk Dorothy Hallin, Assistant Planning and Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorneys Thomas Barrett and Kevin Staunton, City Engineer Glenn Cook and City Recorder Teri Naab. Charlie Schroeder was present to represent the Planning Commission. Mayor Callahan called the meeting to order at 7:30 P.M. OATH OF OFFICE Hal lin administered the Oath of Office to Mayor Edward Callahan and Councilmembers JoEllen Hurr and Charles Kelley. Mayor Callahan, on behalf of himself and the Council, offered • condolences to Gabriel Jabbour upon the death of his father. Barrett introduced Kevin Staunton, an associate with Popham, Haik. Barrett explained Mr. Staunton, will be attending the Council meetings in the future, but he will retain the position of lead attorney. Mayor Callahan welcomed the new Council members and explained to the audience the Council does not intend any major changes in the coming years. He announced all Council members are willing to discuss issues with all citizens. ( #1) CONSENT AGENDA Mayor Callahan added Item #10. It was moved by Hurr, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) APPROVAL OF MINUTES It was moved by Mayor Callahan, seconded by Goetten, to approve the minutes of the regular meeting of the Council held on December 14, 1992. Ayes 3, nays 0. Hurr abstained. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 LONG LAKE FIRE DEPARTMENT REPORT There was no report. PUBLIC COMMENTS Jimmie Holtz, owner of Jimmies Lounge, asked the Council to reconsider allowing bars to maintain cigarette vending machines. He stated the change in this ordinance is a hardship to him. He added people must be 21 to drink in a bar, and therefore the chance of a sale of cigarettes to minors is less likely to happen. Mayor Callahan felt it would be appropriate for the City Administrator and Chief of Police to review the reasons and discussion regarding the change in the ordinance. Goetten felt they should not consider changing the ordinance because of health consequences. She reported due to the sting operation by the Orono Police Department, the Long Lake Council has abolished the sale of cigarettes. Kelley stated he would consider the request. • Hurr said due to the fact that underaged people do not frequent an establishment such as Mr. Holtz's, the Council should consider the request. Mayor Callahan directed the City Administrator and Police Chief to review the background of the change in the ordinance and make a recommendation to the Council. Hurr asked that the Council be provided with a copy of the past and current ordinance. ZONING ADMINISTRATOR'S REPORT ( #3) #1674 AUSTIN EVANS, 255 LANDMARK DRIVE - FINAL PLAT - RESOLUTION #3222 Austin Evans was present. Gaffron explained the applicant has met all the requirements of preliminary plat approval, and will pay the park dedication fee prior to the filing of the plat. It was moved by Hurr, seconded by Goetten, to adopt Resolution #3222, Application #1674, Austin Evans, 255 Landmark Drive, approving the plat of Bays ide Landing Second Addition. Ayes 4, nays 0. is 2 i • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ( #4) #1778/ #1779 ANDREW GOETTEN, 1385 FOX STREET - PRELIMINARY PLAT APPROVAL /VARIANCE RESOLUTIONS #3223 & #3224 Paul Anderson, applicant's attorney, was present. J. Diann Goetten abstained from discussion of this item and left the Council Chambers. Gaffron explained the applicant has requested a revision of the preliminary plat, eliminating the need for a side setback variance for the existing garage on Lot 2 by moving the lot line westward and combining the riparian outlot with Lot 1 to maintain the 2 acres for the newly created lot. However, because the outlot acreage is not contiguous with the main parcel, use of it as credit toward the 2 acre area requirement in itself requires a variance. Anderson explained his client requests this revision to allow for more flexibility with respect to the lot line between Lots 1 and 2. This would also allow for an option to move the garage if the existing road were to be expanded. Is Mayor Callahan asked the degree of change in the lot line. Gaffron noted it would be moved approximately .23 acre, the exact amount of acreage in the outlot less the right -of -way for Orono Lane. Kelley reiterated the Planning Commission denied this application and felt the property should be rezoned. He stated he would maintain that position. Hurr felt there was value in tying the outlot with another lot so it would not be sold later as riparian access without a principal structure. Kelley stated Lot 1 should have 2 acres without the benefit of the outlot. Anderson felt the precedent setting issue is minimal in this situation. Hurr stated the City made a commitment to the Goettens 10 years ago, and she felt they should uphold that commitment. Gaffron noted a special lot combination would be required if the outlot were combined with either Lot 1 or 2 or sold to any • neighboring property. 3 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 11, 1993 ZONING FILES #1778/ #1779 — CONT. It was moved by Hurr, seconded by Mayor Callahan, to adopt Resolution #3223 for Apfsl i cation #1778 for Andrew Goetten, 1 385 Fox Street, to grant a lot area variance for the subdivision of the property into two buildings lots, and amending the resolution to allow the outlot to be combined with Lot 1 and to be used as area credit and allowing the lot line be moved westward as proposed. Mayor Callahan suggested in the second Whereas paragraph, eliminate "one of which. . ." and replace it with the following: "pursuant to the provisions of Resolution #1178 in order to carry out the purpose and the intention thereof ". He suggested all the findings on Pages 3, 4, 5, and 6 be el iminated due to the fact that the Council is approving this variance based on a past contract, not on the basis of a hardship. Hurr accepted the amendment. Ayes 2, nays 1. Kelley voted nay because he felt the property should be rezoned. It was moved by Mayor Callahan, seconded by Hurr, to adopt • Resolution #3224 for Application #1779 for Andrew Goetten, 1385 Fox Street, granting preliminary approval of the plat as presented, subject to the revised lot line location. Gaff ron rev i ewed that Cond i t i ons #3, 10, and 1 1 w i I I need to be amended to reflect the current proposal. Vote: Ayes 2, nays 1. Kelley voted nay. ( #5) JOINT USE DOCK LICENSE — GAGE /NELSON /CARLSON RESOLUTION #3225 Robert Bauer, Attorney for the applicants, was present. It was moved by Hurr, seconded by Kelley, to adopt Resolution #3225 approving a 1993 Joint Use Dock License for owners of property located at 460 Tonkawa Road, 500 Tonkawa Road and 550 Tonkawa Road. Ayes 3, nays 0. Goetten was out of the room at this time. ( #6) SET LAKE USE COMMITTEE MEETING DATE This item was deferred. ( #7) SHORELAND FLEXIBILITY REQUEST — CITY OF MINNETONKA Mayor Callahan explained the Council has sent a similar response to all cities requesting flexibility with the exception of., Mound • and Minnetonka. Goetten and Hurr are drafting a response to Mound. 4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 SHORELAND FLEXIBILITY REQUEST — CONT. It was moved by Hurr, seconded by Kelley, to direct staff to draft a response to the f I ex-1-:-b i I i ty request of the C i ty of M i nnetonka. Ayes 4, nays 0. MAYOR /COUNCIL REPORT A) Mayor Callahan reported he attended a breakfast hosted by the LMCD for the 14 mayors, at which they explained accomplishments, the forthcoming budget, the Lake Access Task Force, and the miIfoil problem and the difficulties encountered in the remedies. B) Mayor Ca I I ahan referred to a I etter from the C i ty of M i nnetonka concerning Hennepin County's groundwater plan. Moorse stated he has solicited comments from surrounding communities. The larger cities seem to feel this is a duplication of efforts and have relayed their concern to Hennepin County, who will be revisiting the issue and its implementation at an upcoming • meeting. Mayor Callahan suggested staff further study the matter. He felt the City should make its feelings known. He noted staff has been monitoring the situation as Steve Weckman has attending the relevant meetings. He asked that the report by Weckman be recirculated to the Council members. • C) Mayor Callahan referred to the letter from Tonka Bay regarding the Metropolitan Waste Control Commission. He felt the City of Orono was experiencing somewhat similar concerns and the matter should be considered during a work session. Moorse reported the larger portion of the increase is related to the estimation of flow. He noted during the 1980s it was very dry, but since the increase in rain fall, there has been an increase in infiltration and inflow. He said he would provide additional information to the Council to be discussed at a work session. ( #8) PARK COMMISSION LIAISON SCHEDULE There was no action taken on this issue. �1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 11, 1993 ENGINEER'S REQUEST ( #9) PREPARATION OF PLANS & SPECIFICATIONS FOR OLD CRYSTAL BAY ROAIi BIKE TRAIL - RESOLUTION #3226 Kelley stated he is not in favor of the trail system if it would destroy the existing vegetation on the east side of the road. He said this vegetation acts as a buffer between the road and the residential property. He urged them to negotiate with the Dickeys and the properties owners north of Watertown Road to preserve as much of the existing vegetation as possible. Cook noted Hennepin Parks has planned as part of their cost of the project to provide plantings. He stated the areas to be removed are not very good quality trees. Gerhardson noted replacement trees will be shown on the plans. Kelley suggested beginning the trail at the DNR property at Willow Drive and the Luce Line and wind northward through the wooded area owned by the DNR. • Mayor Callahan stated he hopes it is not too late to give credence to what Kelley is suggesting. It was moved by Kelley, seconded by Goetten, to adopt Resolution #3226 ordering plans and specifications for the Old Crystal Bay Road trail project. Ayes 4, nays 0. ( * #10) PAY REQUEST #1 FINAL - TOPOGRAPHIC MAPPING It was moved by Hurr, seconded by Goetten, to authorize payment to Horizons, Inc. in the amount of $43,265.00 for topographic mapping services. Ayes 4, nays 0. CITY ADMINISTRATOR'S REPORT ( #11) 1993 APPOINTMENTS - RESOLUTION Mayor Callahan suggested tabling the appointment of JOE IIen Hurr as representative to the LMCD. He added this has nothing to do with Hurr's performance as representative. He noted, it has been suggested that if the City of Orono were not to be a member of the LMCD, the City may not be liable for the taxes levied by the LMCD. He directed the City Attorney to provide an opinion on this matter. Kuehn asked if he should withhold payment of the first quarter fee. is 2 i s • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 1993 APPOINTMENTS — CONT. Mayor Callahan stated he hesitates to do so. Hurr suggested that the Attorney's opinion be provided to the Council by the January 25th meeting, and payment to the LMCD be withheld until that time. Mayor Callahan asked that the legal counsel retain its position until a contract is negotiated, and suggested tabling the appointment at this time. Mayor Callahan inquired about the Building Code Board of Appeals. Gaffron explained this group meats as necessary and reacts to challenges by an owner or builder regarding the State Building Code. It was moved by Mayor Callahan, seconded by Goetten, to approve all appointments on Page 1 of the proposed resolution with the exception of the representative to the LMCD and all legal counsel. Ayes 4, nays 0. Mayor Callahan suggested the City advertise for volunteers for the West Tonka Senior Citizens and the West Hennepin Human Services Planning Board. Mayor Callahan asked that Moorse provide the Council with more information on the Building Code Board of Appeals. He asked the responsibility of the Development Committee. Moorse said he assumed the committee was responsible for the economic activities of the City. It was moved by Mayor Callahan, seconded by Hurr, to abolish the Development Committee. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Hurr, to appoint Ron Moorse and Stephen Sullivan to the Hennepin Emergency Communications Organization, and Stephen Sullivan to the North Tonka Crime prevention. Ayes 4, nays 0. Mayor Callahan asked Moorse to contact Barbara Peterson to inquire if she still wishes to be on the North Tonka Crime Prevention Committee. He asked if the Highway 12 Committees are still needed. Goetten felt, since MnDot has abolished those committees, the City could do the same. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 11, 1993 1993 APPOINTMENTS - CONT. Moorse stated when the EIS report is issued, those committees will be back in operation. Mayor Callahan suggested waiting until the need arises to make appointments to those committees. Mayor Callahan felt the HRA should designate its own vice - chair, but recommended appointing current Council to the HRA. He felt they should not appoint anyone new to the Lake Use Committee, but hoped those on the committee would continue. Mayor Callahan inquired if there are competitors for the official newspaper position. He asked staff to review the publication costs of a daily publication versus a weekly publication. He felt for the time being, they should appoint the Lake and Pioneer as the official newspaper. It was moved by Mayor Callahan, seconded by Hurr, to appoint the official newspaper and official depositories /investment vendors as listed in the proposed resolution. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Goetten, to terminate • the appointment of Gabriel Jabbour to the LMCD Lake Access Task Force and Ron Moorse as alternate. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Hurr, to appoint Charles Kelley as the representative to the Long Lake Fire Department Joint Commission. Ayes 4, nays 0. ( #12) ORDINANCE AMENDMENT - PARK COMMISSION MEMBERS ORDINANCE # , SECOND SERIES It was moved by Mayor Callahan, seconded by Goetten, to adopt Ordinance #_, Second Series, amending Orono Section 2.52, Subdivision 1, changing the membership of the Park Commission from eight to seven members. Ayes 4, nays 0. ( #13) ESTABLISH 1993 BOARD OF REVIEW DATE Mayor Callahan directed staff to review alternate dates and report back to him. n 8 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ( #14) DEMOLITION COSTS OLD FACILITIES — CRYSTAL BAY Moorse explained these are estimated quotes to demolition the existing buildings at the former City facility site. Gerhardson noted John Schoening would provide the equipment and operator and Blackowiak would provide the container and access to the landfill. He stated the prices are lower due to the time of year. He noted the West Hennepin Historical Society has expressed interest in using the Council Chambers and has suggested moving it to the City property on Old Crystal Bay Road. Kelley said he has discussed the buildings at the Crystal Bay site with a neighbor who has expressed concern that the lumber building be removed immediately because of safety reasons. The neighbor has indicated the neighborhood residents are trying to formulate a plan for the land and will be presenting their thoughts to the Council in the near future. Hurr suggested the Historical Society may wish to move their existing building near the Council Chambers if Highway 12 is • widened in its present location. It was moved by Mayor Callahan, seconded by Hurr, to authorize Staff to remove the existing lumber building as soon as possible, at the cost presented or lower. Ayes 4, nays 0. Hurr suggested that the wood from the lumber building may not be desirable as wood chips due to the paint and nails. She suggested staff consider disposal in a landfill. ( #15) ANNUAL PURCHASE OF NEW SQUAD CARS Sullivan submitted additional information to the Council regarding the purchase. He noted the cars to be replaced have very high mileage which increases maintenance costs and becomes a safety factor for the patrol men. He noted the costs presented are very similar to those of last year. Hurr asked how the excess funds from the sale of the vehicles will be used. Sullivan indicated the excess funds will be used for equipment for the new cars and the change over cost of existing equipment. Moorse stated the Department will only use funds that are necessary. • 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 11, 1993 ANNUAL PURCHASE OF NEW SQUAD CARS — CONT. It was moved by Kelley, seconded by Mayor Callahan, to authorize the purchase of three squad cars as budgeted with the bid award under the State of Minnesota Contract #M5179 to Superior Ford for the 1993 Ford Crown Victoria at a total purchase price of $40,896. The 1993 budget amount of $40,000 includes the estimated credit of $10,500 from the sale of three used squads, the change over costs and certain replacement equipments. Ayes 4, nays 0. ( #16) ORONO SCHOOL LIAISON OFFICER Sullivan explained this program is being proposed to provide a better, more positive communication with the youth of the Community. He felt the program will try to help shape youth into responsible adults. He stated the School District is allowed to fund this type of program through special levies. He recommends the establishment of a special committee to establish an appropriate school liaison program. Goetten asked how this will affect the Orono budget if an officer is provided to work at the school. • Sullivan explained the department will increase in size due to the program, but the total cost of that officer will be funded through the School District, including any cost necessary if the program were terminated. Mayor Callahan noted the intent of the Council to review all departments of the City. He felt it would be premature to go forward with this program prior to that review. Sullivan stated he is only asking the Council to participate in the needs assessment dialogue committee, which does not mean they are endorsing the program. He added, the officer in charge could also do necessary work on campus at the same time. Mayor Callahan stated he was not _prepared to make any type of commitment with regard to the program until the department was reviewed. Goetten supported the goals of the Department, but wished to postpone her decision. Sullivan asked how they could decide they did not want something if they did not know what that program was about. 0 10 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 SCHOOL LIAISON OFFICER - CONT. It was moved by Hurr, seconded by Goetten, to table any consideration of establishing a school Iiaison officer program until a future date. Ayes 4, nays 0. ( #17) NEW CITY FACILITIES BUDGET UPDATE Moorse reviewed the three tables presented to Council on the updated budget for the City facilities. Hurr questioned the legal fees. Kuehn explained the legal cost in conjunction with the land was approximately $8,000, legal fees related to the construction manager's contract was $9,000, and approximately $3,200 was spent on title work and clearing up claims against the property. Hurr felt the legal fees involved with the construction manager's contract were excessive. • Moorse explained the actual fee paid to Kraus Anderson is approximately $209,000, including over -all fee, reimburseables, and general expenses. is Mayor Callahan stated a considerable amount of time was spent on the contract. Hurr inquired about the engineering fee for the frontage road. Cook stated approximately $17,500 was billed for work on the frontage road, the remainder of the bill was for work on the storm seer or the sewer and water installation. Mayor Callahan suggested staff continue to review the Attorney's fees. ( #18) FACILITIES CHANGE ORDERS Hurr asked if the contractors were going ahead with the stucco work. Gerhardson noted that work is on hold until spring. Mayor Callahan referred to Change Order #8 -2 explained in the memo. He felt the City should not be responsible for this delay or the costs related to such. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 0 FACILITIES CHANGE ORDERS - CONT. It was moved by Mayor Callahan, seconded by Goetten, to approve the change orders explained in the memo dated 1/7/93. Ayes 4, nays 0. ( #19) FUTURE WORK SESSION TOPICS Mayor Callahan suggested he discuss this with the City Administrator and be a liaison to the Council members. ( * #20) LICENSES It was moved by Hurr, seconded by Goetten, to approve the following licenses: Residential Kennel Licenses: Jane Kline /Steven Bell, 4455 West Branch Road Willi Hoyer & H. Zohara, 565 Hanlon Avenue Maxwell E. Alvord, 960 North Brown Road Off -Sale Non - Intoxicating Malt Liquor: William W. Wear, Orono Self Service, 2160 Wayzata Blvd Ayes 4, nays 0. • ( * #21) BILLS It was moved by Hurr, seconded by Goetten, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 10:25 p.m. to Executive Session. Ayes 4, nays 0. ATTEST: 0/1 . othy aIIin, City Clerk Edward J. C la an, Jr., M 12 •