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HomeMy WebLinkAbout10-25-1993 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD OCTOBER 25, 1993 ROLL • The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, Public Works Director John Gerhardson, Assistant City Engineer Shawn Gustafson and Recorder Marva Hurst. Mayor Callahan called the meeting to order at 7:04 p.m. ( #1) COUNTY ROAD 15 SAFETY IMPROVEMENTS Hurr gave a brief introduction regarding the plan and asked Steve Peterson from the Planning Commission to describe the original plan and the changed plan. Present from Hennepin County were Vern Genzlinger, Head County Engineer; Pat Murphy, Head of Hennepin County Public Works, and Bruce Polacek, Engineer for the project. Bruce Polacek talked for a few minutes about the study Hennepin County prepared, noting that the accident rate in the Brackett's Point area is 3 times higher than other areas. He commented how County Road 16 in Minnetonka, which was a similar situation, has improved in regard to safety when turn lanes were created. Mayor Callahan asked if the road would be worked on in segments and if some segments could be eliminated. Polacek stated that the road was reviewed in segments due to the sensitivity of certain sections. Murphy added that certain segments could be eliminated if necessary. • Goetten stated her concerns are as follows: center turn lanes could cause some confusion, especially at night because the area is poorly lighted; the blacktop increase will be massive; and that speed is not generally enforced unless a car is travelling more than 10 mph over the speed limit. Mayor Callahan invited members of the public to comment. David Halper, 1420 Shoreline Drive, commented that it took him 11 minutes to exit his driveway recently. He felt that the improvements to the road would increase traffic on the road and he was perplexed why the City Council is going ahead with the proposal when there were no positive comments at the last public meeting he attended. Lowell Janke, Fox Hills area, stated his concern is that the shoulders are very narrow and it's difficult to make a right hand turn and would prefer to see a right turn exit lane. He felt that widening the road would increase traffic, especially trucks and buses and would like to see the speed limit be 30 mph. Bob Stierna, 1930 Shoreline Drive, read a letter referencing Minnesota Rules, Chapter 8820 regarding natural preservation routes, stating that the area could be considered for review for designation as a natural preservation route. Barbara Halper, 1420 Shoreline Drive, stated that she felt Council should consider redirecting traffic onto Highway 12/394 just as it was done when the bridges were under repair. Jim Rivers stated that the County should have to operate by the same standards as the City of Orono regarding hardcover issues and adding acres of blacktop would be wrong. He • commented that the real problem is not left turn lanes or shoulder, but rather the speed limit should be reduced. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 25, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS CONT. Several other residents commented on similar issues, saying that the proposed changes would only encourage an increase in traffic and speed, thereby making the road less safe. Other comments were that the City needs to look at other alternatives and also the long term picture of the freeway (394). Jabbour asked whether a lower speed could be posted. Polacek stated that the City would have to petition the County to petition the State to do a speed study. The Commissioner of Transportation has authority for setting speed limits. He cautioned that a speed study might indicate that a higher speed could be set. Kelley agreed with the public and commented on the difficulty of crossing the road to use the lake and the hardcover issues, but stated that he'd like to see safety concerns reviewed. Goetten commented that she agreed with Kelley and would like to see County Road 15 remain a scenic parkway ... not a scenic freeway. Hurr reminded everyone that the Resolution only asks the County to further study the situation, and that there is no commitment at this time to make the changes. • Jabbour stated that he felt Hennepin County should be told now whether to continue with more detailed plans and if the City has no intention of making the changes, the County should be informed before spending additional time on the project. Mayor Callahan stated the purpose of the Resolution would allow further study of, the is situation and that it would not be possible to know whether improvements should be made to County Road 15 until the study is done. Pat Murphy stated that the proposed plan shows the minimum improvements the County would be willing to build and that there would be nothing that the County could eliminate and still improve the safety of the road. Kelley asked what the maintenance plan would be if the Resolution is turned down. Murphy replied that the road and shoulders would be repaved and right turn lanes installed if needed. He asked that the City Council make its decision to proceed or not tonight. It was moved by Hun to recommend approval of the resolution as written. The motion failed due to lake of a second. The Council directed that the plan for the major maintenance activities on the roadway address as many safety concerns as possible. ( #2) CONSENT Jabbour removed item #3. Mayor Callahan added items #7, 13, 14. It was moved by Hun, seconded by Jabbour to approve the Consent Agenda as amended. Ayes 5, Nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. LJ 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 25, 1993 • ( 0) -APPROVAL OF THE MINUTES - REGULAR MEETING OF OCTOBER 11, 1993 Jabbour requested that the minutes be amended referencing the motion made by Jabbour regarding #18, Park Commission Recommendation regarding the Provision of Ball Fields on School District Property to reflect approval of the $20,000 expenditure to acquire the assets (equipment). It was moved by Jabbour, seconded by Hun, to adopt the minutes of the Regular Meeting of October 11, 1993 as amended. Ayes 5, Nays 0. PARK COMMISSION COMMENTS There was no one present from the Park Commission. PLANNING COMMISSION COMMENTS Steve Peterson and Sandra Smith represented the Planning Commission. There was nothing to report. PUBLIC COMMENTS There were no comments from the public. • ZONING ADMINISTRATOR'S REPORT ( #4) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES Mr. Spinner's contractor was present. Gaffron reviewed the proposal stating that the applicant has proposed additional reduction in hardcover of 250 s.f. in the 0 -75' zone. It was moved by Hun, seconded by Kelley to deny the application per the recommendation of the Planning Commission. Ayes 5, Nays 0. Mr. Spinner's contractor reminded the Council that the applicants have agreed to remove some hardcover and stated that there is no other hardcover that could be removed. It was moved by Jabbour, seconded by Callahan, to reconsider the application. Ayes 5, Nays 0. It was moved by Jabbour, seconded by Goetten to refer the application back to the Planning Commission for review. Ayes 4, Nays 1. Hurr voted nay. ( #5) #1877 TANDEM PROPERTIES/PETER ANDREA CO., 3025 WATERTOWN ROAD AND 2645 WATERTOWN ROAD - SKETCH PLAN REVIEW FOR PROPOSED SUBDIVISION Mr. and Mrs. Dickey were present along with the developers, Dick Putnam and Jim Ostenson. • Gaffron explained that the sketch plan review is before the Council because of the size of the properties involved. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 25, 1993 ZONING FILE #1877 CONT. • Mr. Putnam gave a brief description of the parcels and Mrs. Dickey talked about the historical significance of the site Kelley asked if the barn would come down and if not, is it structurally sound. Jabbour asked if anyone from the Native American organizations have reviewed the plans and approved them. Mrs. Dickey replied that they had. Kelley asked if the land would be deeded to the City of Orono. Mrs. Dickey replied that it would. Mr. Putnam talked about the various ideas regarding roads platted in the developments. There was discussion by all members regarding these roads and the mature woods on the Coffin property. Jabbour stated that he would like more information and input from the Native American community. Sandra Smith, Planning Commission, commented that the Planning Commission suggested a meeting with individuals representing the Native American community to review plans to be sure that their input would be included. • Mr. Putnam reviewed the wetland issues regarding each property. He hired a specialist to do a wetland study on the Coffin/Dickey properties and presented a map indicating the wetlands (using rules of other agencies) and setbacks per Orono ordinances. The results of the wetlands and setbacks pose a serious problem in the usefulness of the parcels. Gaffron noted that the code required a 75' setback for septic purposes. He indicated that 75' setbacks may not be appropriate, necessary or justified in relation to Type 1 wetlands. He went on the.discuss mitigation matters. There was some discussion as to where mitigation should be done. Hurr and Jabbour felt mitigation should be done on site. Gaffron commented that Orono has in the past allowed Type I wetland as dry buildable, and that in the City's 1975 maps many Type 1 wetlands were not delineated nor protected. The problem is to primarily determine whether Type 1's should be considered dry buildable, and secondly mitigation issues. Jabbour asked for the staff s position regarding Type I wetland setbacks. Gaffron stated the City should recognize and define Type I wetlands to be consistent with other agencies but that there is perhaps no justification to enforce a 75' septic system setback from a Type I wetland. Gaffron felt that mitigation should be done up front to protect future residents from having to deal with the issue individually. r� 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 25, 1993 • ( #6), #1884 ORVILLE FISHER, 475 OXFORD ROAD - VARIANCE Mr. Fisher was present. Gaffron explained that 12 large trees and several dozen smaller trees were removed from the property in the 0 -75' zone. The Planning Commission recommended denial of the application for variances. Gaffron recommends denial of the request for variances. Gaffron noted a proposed restoration plan has been revised to address the concerns of the Planning Commission. It was moved by Jabbour, seconded by Kelley, to deny the application for variances and to approve the revised restoration plan subject to DNR review. Ayes 5, Nays 0. *( #7) COMPREHENSIVE PLAN AMENDMENT NO. 5 - MUSA BOUNDARY /STORM WATER MANAGEMENT POLICIES - RESOLUTION #3348 It was moved by Hurr, seconded by Jabbour, to approve Resolution #3348 approving Comprehensive Plan Amendment No. 5. Ayes 5, Nays 0. MAYOR/COUNCIL REPORT 1. Mayor Callahan discussed the letter and draft of resolution he distributed earlier suggesting Congress and the State appropriate funds for the mandates they pass down to cities. It was moved by Mayor Callahan, seconded by Jabbour to adopt Resolution #3349. Ayes 5, Nays 0. • 2. Mayor Callahan suggested that a copy of revised budget figures regarding Police Contracts should be shared with Spring Park and Long Lake. 3. Mayor Callahan suggested administrative action regarding liquor violations should be taken after the prosecution process is completed. 4. It was moved by Mayor Callahan, seconded by Jabbour, to approve Resolution #3350 to dissolve the Lake Minnetonka Conservation District, and to determine whether, through a cooperative effort, a regulatory body needs to be created to perform any of the function of the District, and if so, to join in forming such a body. Ayes 4, Nays 0. Hun abstained. Hun stated that she supports reorganization of the LMCD. 5. Goetten asked for comments from the Council regarding the letter from Bob Vasek regarding Highway 12 and Willow. POLICE CHIEF REPORT Chief Sullivan handed out three reports indicating that the first described all occurrences for the month, the second compares the four cities through August, and the third report, from the State of Minnesota, describes Part I and Part II offenses, broken down by each city through September. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 25, 1993 ENGINEER REPORT • ( #9) PAY REQUEST #7 - STUBBS BAY SANITARY SEWER IMPROVEMENT It was moved by Hurr, seconded by Jabbour, to recommend payment of request #7 to Progressive Contractors, Inc. in the amount of $138,006.14 but to hold the check until Bederwood Park is cleaned up. Ayes 5, Nays 0. ( #10) RESOLUTION IN SUPPORT OF GRANT APPLICATIONS FOR COOPERATIVE SERVICE STUDIES It was moved by Hurr, seconded by Kelley, to deny the resolution in support. Ayes 5, Nays 0. ( #11) LEGAL SERVICES Mr. Barrett from Popham Haik was present. Moorse explained the 1993 proposal for legal services by Popham Haik, along with information for civil legal services for the past three years. Hurr asked what other cities Popham Haik represents. Mr. Barrett replied they represent St. Louis Park, Afton, Minnetrista, Excelsior and the Minnehaha Creek Watershed District. • Hurr stated she would like to know the retainer charge for the other cities. It was moved by Hurr, seconded by Jabbour to recommend continuation of the contract for the next three months and to request the City Administrator to prepare an RFP for 1994 within the next two weeks. Ayes 3, Nays 2. Mayor Callahan and Kelley voted nay. ( #12) STEP ADJUSTMENT FOR STEVE SULLIVAN, POLICE CHIEF It was moved by Mayor Callahan, seconded by Jabbour to table the adjustment until January of 1994, or such earlier time as may be appropriate. Ayes 5, Nays 0. *( #13) STEP ADJUSTMENT FOR SCOTT OBERAIGNER It was moved by Hurr, seconded by Jabbour to recommend approval of the Step Adjustment for Scott Oberaigner from Step 3, Level 5 ($12.864 per hour) to Step 4, Level 5 ($13.541 per hour) effective October 25, 1993. Ayes 5, Nays 0. *( #14) GRASS SEEDING AT NEW CITY FACILITIES It was moved by Hurr, seconded by Jabbour to recommend approval of the grass seeding. Ayes 5, Nays 0. ( #15) SPRING PARK POLICE CONTRACT Moorse explained that the language of the hold harmless clause and the termination clause is • causing some concern for Spring Park. Spring Park has suggested that if the contract is terminated for cause, they not have to pay the termination costs. C: MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 25, 1993 • SPRING PARK POLICE CONTRACT CONT. There was discussion as to what could be considered just cause. It was moved by Mayor Callahan, seconded by Jabbour, to recommend approval of the contract subject to working out the issues of the hold harmless clause and the termination clause. Ayes 5, Nays 0. ( #16) LONG LAKE POLICE CONTRACT . It was moved by Mayor Callahan, seconded by Jabbour, to recommend approval of the Long Lake Police Contract. Ayes 5, Nays 0. ( #17) SCHEDULING OF A BUDGET WORK SESSION The budget work session was scheduled for Thursday, November 4, 1993 at 7:45 a.m. ( #17A) NATURE CONSERVANCY LAND ACQUISITION It was moved by Jabbour, seconded 'by Goetten, to approve payment of the costs of related to the donation of property from the Nature Conservancy, including an environmental review of the property, costs for title commitment, and costs of recording the deed. Ayes 5, Nays 0. ( * #18) LICENSES • It was moved by Hurr, seconded by Jabbour to approve the following licenses: Septic System Installer - Groth Sewer & Water ( * #19) BILLS It was moved by Hurr, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT It was moved by Hurr, seconded by Jabbour, to adjourn at 11:24 p.m. Edward J. Cal r. Mayor • 7