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HomeMy WebLinkAbout06-08-1992 Council Minutesa. ? MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour, J. Diann Goetten, Mary Butler and Edward Callahan. The following represented the City.staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building .& Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron,' Police Chief Stephen Sullivan, City Attorney Kevin Staunton, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. ( #1) CONSENT AGENDA Goetten removed Item #2. Butler added Items #5, 6, 7, and 9. Mayor Peterson removed Item #22. It was moved by Jabbour, seconded by Butler, 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. ( #2) APPROVAL OF MINUTES Butler stated that lien is spelled wrong on Page 10. Goetten asked that the time of adjournment of the Executive Session be added to the minutes. It-was moved by Butler, seconded by Goetten, to approve the minutes of the regular meeting of the Orono Council held on May 11, 1992 as amended..Ayes 5, nays 0. ( * #3) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Butler, to approve the minutes of the continued Public Hearing for the Stubbs Bay Sewer Assessment Hearing held on May 18, 1992. Ayes 5, nays 0. ( #5) #1679 WILLIAM MILLER, 2691 CASCO POINT ROAD — VARIANCE William Miller was.present. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ZONING FILE #1679 - CONT. Moorse explained that this is a request for a hardcover variance to construct a 22'x26' detached garage, replacing an existing garage, and for an after - the -fact variance for structural improvements to a gazebo /bathhouse located within the 0 -75' setback area. Goetten noted that even after the Stop Work Order, construction continued on the gazebo. She was concerned about precedent setting with this issue and reminded the Council of others with similar applications that had been denied. Miller stated that he had applied for a permit for the garage and during the process the Inspector noted the work being done to the gazebo. He, said he was unaware of Orono's restrictions on hardcover. He added that after the Inspector had asked him to stop work on the structure, very h i gh' winds threatened to knock down the structure so some of the siding was added to the structure to prevent this. He said he did not.continue work on the decking or stairway. Goetten asked Miller if he called the Inspector to notify him of this need to continue work: Miller said he had not called the City office. Goetten said she was glad that the .Coun•ciI had referred the 'application back to the Planning ,Commission as the hardcover ,figures had changed since that review. Miller explained that he was originally using a survey from 1968, which was determined to be incorrect. Goetten pointed out that is. the reason for asking for a comprehensive review of the entire property. Jabbour reviewed that the structure serves as access to the lake and the applicant-is entitled to a stairway to the lake. He had no' 'problem with agreeing with the Planning Commission recommendation on the gazebo. He _said he has .a: problem with people feeling that since a non - conforming structure is-existing, they have aright to maintain that structure forever.' He asked staff if the applicant would be paying.the appropriate after -the- fact fees. Mabusth concurred that the additional fees would be charged for the gazebo portion of the project. 2 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 1 ZONING FILE #1679 CONT. It was moved by Butler, seconded by Mayor Peterson, to approve -the variance request for Application #1679 for William Miller of 2691 Casco Point Road, and directed staff to draft the appropriate resolution. Ayes 5, nays 0. ( * #5) #1724 TAMMY L. WOODIS,• 2818 CASCO POINT ROAD CONDITIONAL USE PERMIT /VARIANCE — RESOLUTION #3129 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3128 for App I i cation #1724 for Tammy 'L. Wood i s of 2819 Casco Point Road, approving a conditional use permit and variance for the construction of a pool on *a through .lot. Ayes 5, nays 0. ( * #6) #1729 CLAIR ROOD, 3280 NAVARRE -LANE — SUBDIVISION.OF A LOT LINE REARRANGEMENT — RESOLUTION #3128 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3128 for Application #1729 for CIair.Rood, 3280 Navarre Lane, for a subdivision of a lot line rearrangement. Ayes 5, nays 0. ( * #7) #1731 CLAIR ROOD, 2215 KENWOOD WAY — VARIANCE — RESOLUTION #3130 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3130 for Application #1731, Clair Rood of 2215 Kenwood Way, approving a variance to construct fencing. Ayes 5, nays 0. ( #8) #1734 JOHN BURGER, 3750 BAYSIDE ROAD — PRELIMINARY.SUBDIVISION - RESOLUTION #3131 John Burger was present. Moorse explained that this is a two lot subdivision application. Out l of A w i I I be special l y combined with Lot 1 for area credit. The Planning Commission unanimously recommended approval of the .application. Goetten asked if both lots have adequate septic sites. Mabusth confirmed that they do and 'added that Lot 2 is included in the Stubbs Bay Sewer Project area. 3 .MINUTES OF THE REGULAR ORONO COUNCIL MEETING .HELD JUNE 8, 1992 ZONING FILE #1734 - CONT. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3131 for Application #1734 for John Burger of 3750 Bayside Road', for preliminary subdivision approval. Ayes 5, nays 0. Butler noted that in the letter from. SP-Testing; Inc., a mercury float is recommended. She asked about.the safety factor of such a device. Gaffron stated that they have not had any problems with this device and it is very similar to what is used in a furnace thermostat. ( * #9) #1736 GREGORY C. PETERSON, 1920 SHORELINE DRIVE.- RENEWAL VARIANCE - RESOLUTION #3132 It was, moved by J.abbour, seconded 'by But I er, to adopt ' Reso I ut i on #3132 for Application #1736, Gregory C. Peterson of 1920 Shoreline Drive,'approving a renewal variance for the construction of a new residence.... Ayes 5, nays 0. MAYOR /COUNCIL REPORT Mayor Peterson announced to the residents in attendance that there would not be public discussion regarding the Stubbs Bay Sewer Project, and this item would onl.y be discussed during Executive Session. A). Butler read. aloud an advertisement from the Wayzata Weekly Newspaper which advertised male and female dancers on the Miss Deduction charter boat. She suggested they bring this to the attention of the'LMCD. B) But I er 'referred to'a l etter sent to the Counc i I Members from Mr. Fick in which he expressed his. concern that the City had no-t completed its shoreland regulations. She said she called him to report that Orono is one of two cities who has submitted their new regulations. She noted the response she received from him was very patronizing. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 MAYOR /COUNCIL REPORT - CONT., C) Jabbour reported that he, Mayor Peterson, Callahan and JoEllen Hurr met with the DNR to discuss potential public access sites. He said they mentioned to the DNR that Orono'•s relationship with them goes beyond one public access. He said that Orono and Minnetrista were the first cities to adopt wetland philosophies. He-told the DNR that the City looks forward to the DNR's input on the ramifications of improving the existing Highway 12 corridor through Orono, specifically, the impact of the southern alignment on the Luce Line Trail. I D) Jabbour reported that the sub - committee to the LMCD's Task Force will meet on June 10th and he will be in attendance. E) Jabbour announced that last week an issue was brought up regarding his participation in marina issues. He said ,he is a marina owner, and would therefore step aside during discussions of E marinas. He stated that his concerns. about marinas would not subside. He noted that the City Attorney had opined that' Jabbour does not have a• conflict of interest in this area. Butler said she would hate to see him withdraw from discussion on this issue.. Callahan felt that it was essential'that he continue on the Lake Use Committee, and stated that if Jabbour is satisfied with the solution that. would be fine with him. F) Callahan referred to a letter from the LMCD which alludes to a joint effort. of the LMCD. and the DNR to submit a grant application for land acquisition. He thought there was a Committee established to determine the best site and asked why the grant application at this time. Jabbour reported that' the study by the Committee did not move in an appropriate manner which was time -wise appropriate for the grant application. He understood that the LCMR was less likely to consider award of grant money, w i.thout a. specific or approximate site. Moorse explained that the grant application includes only one specific site, and the remainder of the money is to be used in general for sites on Lake Minnetonka. 5 MINUTES OF'THE.REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ( #10) BID AWARD LIFT STATION #9 RENOVATION Moorse explained that this is a bid award for Lift Station. #9. Butler asked where this Lift Station is located. Gerhardson reported that Lift Station•is located on Bohns Point. Butler asked how old the current Lift Station is. Gerhardson said i.t was placed in service somewhere between 1965 and 1970. It was moved by Goetten, seconded by Butler, to award the bid for Lift Station #9 restoration to NewMech Companies, Inc. for an amount of $46,800.00. Ayes 5, nays 0. ( #11) BID AWARD 1992 SEAL COAT PROJECT Mayor Peterson asked if this item-falls within a budgeted amount. Gerhardson said it does. Butler asked what portion of streets would be included in the project.. Gerhardson reported that the streets that were paved in 1991 would be seal coated this year. It was moved by Butler,, seconded by Mayor Peterson, to award the bid for the 1992 Seal Coat Project to Omann Brothers for an amount of $9,174.40. Ayes.5, nays 0. ( #12) AWARD OF BIDS FOR STUBBS BAY SEWER PROJECT Moorse explained this is an award of bids for Stubbs Bay Sewer Project. He noted the final date for appeals is June 18th, and they have a good idea at' present of how many appeals they can expect. He suggested awarding the bids that evening in order to proceed with the project. Jabbour asked if it would still be possible to remove an area from the project if the bid is awarded.. Moorse indicated that would be part of an agreement that was discussed with the contractor. He noted that as part of this approval, the entire contract would be approved with the condition that the City has the option of deleting any portion of the project outside.the base area within a certain time period. C t MINUTES OF.THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 AWARD OF BIDS FOR STUBBS BAY SEWER PROJECT — CONT. Staunton asked if there were provisions in the bid to do the alternative portions separately. Cook stated that was not included in the bid. -Butler asked if staff felt confident that language could be incorporated with the bid award that would assure the City the right to delete a portion of the bid at a future date. She thought they should wait the 30 days. Goetten asked what is the expected completion date. Cook reported that they would not be able to start for about 1 1/2 weeks and completion is expected approximately November 1st. Staunton stated they would need to draft language for, the agreement on which both parties would agree. He did not feel that would be a problem. It was moved by Jabbour, seconded by Callahan, to award the bids for the Stubbs Bay sewer project reserving the right to.delete any portion of the project at the original bid amount-for a period of 30 days from the date of expiration of the appeal period, subject to -the agreement addressing all of Council's concerns. Jabbour withdrew his motion. It was moved by Callahan, seconded by Goetten, to award the bid for the Stubbs Bay sewer project reserving the right to delete any portion of the.project at the original bid amount for a period of 30 days from the date of expiration of the appeal period, subject to the agreement addressing all of Council's concerns, in the following amounts: Base Area $802,913.00' Alternate Site 1 152,152.20 Alternate Site 2 30,621.25 Alternate Site 3 381,671.75 Alte.rnate Site 5 112,973.75 Total Contract Amount $1,480,331.95 Ayes 5, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE.8,.1992 ( #13) PREPARATION OF PLANS AND SPECIFICATIONS FOR RECONSTRUCTION OF LEAF STREET - RESOLUTION #3133 Moorse explained this is a request for. author 1zatIon from the Council ,to ' move ahead in the preparation of plans and specifications for reconstruction of Leaf Street. Cook'explained that the portion of'Leaf Street reconstruction will be removed from the sewer bid and constructed with MSA funds. He noted they are looking at a couple of options, an urban /rural section or a total rural section. The street would be approximately 32' when finished. Butler asked how wide the road is currently. Cook said it i s' 21 -22' , with the shoulder areas i n ' I i eu of curb and gutter. He`noted the shoulder -to- shoulder width of. the road As 26'. He added the reconstruction would involve Leaf Street from County Road 84 to Watertown Road. Butler reported that. MSA funds can only be used Jf the road `. connects`to another.MSA street or State Highway. Cook noted that the sewer.construction will impact the vegetation in the area more than the street reconstruction. Jabbour asked the width of the existing right -of -way. Cook said the right -of -way is 66' wide. Jabbour stated that no one wants to encourage the widening of a roadway. He asked Cook what the residents in the area would be saving by using MSA funds.- Cook explained there is an approximate $100,00 difference. He noted the road constructed to MSA standards would cost more because of the additional amenities. -He indicated that the City could apply for a variance 'to the road standards that would allow construction at a 28' width. Butler felt they should apply for the variance. She asked if. they would be able to box the sewer. construction to stay within the right -of -way. Cook noted.they would be using this method as often as possible. Goetten said she assumed this project would.be done in a timely mariner. E� MINUTES -OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 PLANS AND SPECIFICATIONS - LEAF STREET - CONT. Cook noted this project would be coordinated with the sewer project. He felt that the wider road would not increase the speed levels on the roadway, but would only make the road safer. It was moved by Callahan, seconded by Butler, to direct the City Engineer to prepare plans and specifications for the reconstruction of Leaf Street,.and to consider the variance request to allow the street to be constructed at a 28' width. Cole Graham, 95 Leaf Street, asked if the residents of the area would be notified of the public hearing regarding this issue. Mayor Peterson said they would be notified. at the appropriate time. Jabbour asked the residents if they would prefer to pay for the road reconstruction themselves. Jane Behrman, 340 Leaf Street, said she had a petition to hand in with 100% opposition of the reconstruction project to widen the road. She stated that she did not wish the City to apply for the MSA funds. She said she was told by the City Administrator that State funds could not be used-for the sewer project. Mayor Peterson said the Council understands this position, but they must review all options. Bob Minkema, 3200 Bays ide Road, stated that they have already been informed of what their assessment will be for the sewer project. He d i d not see any benef it to using MSA funds which would -w i den the roadway and in effect create a high speed roadway. He said he did not want the road to become a short -cut and was concerned for the safety of the children in the area.. Goetten said she thought the residents were concerned about having the lowest assessment possible for the sewer project. She said the Council has tried to find all possible ways to reduce this amount. Behrman stated they do not want the assessment lowered at the expense of the beauty of the street. Graham asked when they could expect the results of the plans and specifications. Cook said it would take about one month to prepare. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE.8, 1992 PLANS AND SPECIFICATIONS — LEAF STREET — CONT. Gerhardson noted they do not have to have a public hearing for the project, and suggested a public meeting instead. He indicated that the road could be staked to allow the residents to visualize the affect on their properties. Jabbour asked what the City's chances were for the variance request. Cook felt that they had a 90% chance of approval. He noted that current City standards require a rural roadway to be paved at a 24' width with 3' shoulders, or a paved area of 28' with curb and gutter. He noted the disadvantage of Leaf Street is that it is so straight. Goetten asked the speed limit of the road. Gerhardson said it is 30 MPH. Jabbour asked when the * road -is reconstructed, if it has to follow current standards. Cook reported that the City allow -s replacement in-kind. Jabbour suggested staking the street at the minimum, the City would allow and the width of a MSA road. Goetten suggested that the Police Department patrol the area more. Pat Crane stated he signed the petition based on information that he was unsure about, but through the discussion his questions have been answered. He felt the difference in the paved area was insignificant and stated he would rather save. the money on the assessment.. C.C. Graham, 95 Leaf Street, felt that the widening of the road would change the character of the area. She requested that the Council approach this issue with great caution. Brian Ehalt, 140 Leaf Street, noted he has small children, but does- not allow them to ride on the road currently. He .noted the difference between a 28' road and a 32' road may destroy pine trees on his property. Behrman asked why Leaf Street was the only street singled out. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 5 i PLANS AND SPECIFICATIONS— LEAF STREET — CONT. Butler reminded her that in order to be a MSA street, it must connect with another MSA street at each end. Cook noted that Cygnet Place probably would not•meet,the criteria for a MSA street because of the vertical alignment. Ehalt asked if the hill on Leaf Street would be changed. Cook said it may be changed slightly. 011ie Peterson, 475 Oxford Road, said she travels the road often and felt it would be safer at a wider width. Goetten asked if a fog line could be added to the side of the road for bikers. Ehalt felt that would take away from the rural character. Mayor Peterson asked if brush and shrubs are removed from private property during the project, if they would be replaced by the City. Gerhardson said that would be a possibility. E Motion: Ayes 5, nays 0. Jabbour suggested they stake the area of the sewer project also. ( #14) USE OF CDBG FUNDS FOR STUBBS BAY SEWER SERVICE CONNECTION COSTS. Moorse explained' that he has discussed this issue with Larry Blacksted from the County who has indicated that the funds can be used in two ways: 1. Using the money for the actual assessment, which would require an entire area to qualify for the use of the funds.. He noted that the dollar amount allocated to the City wou l d only pay for a couple property assessments. 2. Using the funds for the cost of the sewer connection from the lateral to the residence. He noted that staff recommends the second alternative. He said that Council should determine if they wish to use 1992 or 1993 funds or both. i 11 r .J MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 CDBG FUNDS — CONT. Jabbour felt that since the Council has allocated a portion of the 1992 funds to home improvement, they could use that amount for the sewer project. - Goetten felt that if there are people in need of the funds for other improvements, they should not be'denied. . Moorse said that the County is currently accepting applications for the funds for 1992. Butler noted the sewer will not be ready for connection until 1993. Gerhardson indicated that the City has 1 1/2 years to expend the money. Goetten felt that since the money won't be needed until 1993, they• should not use 1992 funds. Jabbour disagreed and felt that the properties on Lake Street and next to the public landing are in great need of the sewer and felt that the City should encourage immediate hookup. Gerhardson reported that the 1993 funds will be available as of July 1993. Jabbour withdrew his objection. All Members agreed that they would not use the 1992 CDBG funds for the Stubbs Bay Sewer service connection costs. ( #15) AWARD OF BIDS FOR PUBLIC WORKS FACILITY EQUIPMENT Moorse explained that the hoist is the number-one priority to award as it needs to'be installed early in the project. He added that there are items in the service equipment section that should be installed within the early portion of the project. He stated they would continue to -review the fuel distribution system, and the overhead cranes do not fit into the budget.. Jabbour asked if the amount listed for the fuel distribution system was correct. Moorse stated that is the bid price, which also included a number of other items. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 AWARD OF BIDS FOR PUBLIC WORKS FACILITY EQUIPMENT - CONT. Jabbour strongly suggested they consider above ground tanks as he has heard potential of having the in- ground tanks abolished by the year'2000 and excessive insurance requirements for in- ground tanks. Moorse explained that the contractor felt that the 'cost of both above - ground and in- ground systems are very equal. It was moved by Jabbour, seconded by Mayor Peterson, to award the. vehicle hoist bid to Pump and Meter in the* low bid amount of $30,513; and to award the service equipment bid to Zahl in the low bid amount of $31,712. Ayes 5,'nays 0. ( #16) FINAL PAYMENTS ON COUNTY ROAD '15 STREET AND LIGHTING IMPROVEMENTS Moorse requested this item to be tabled to the next meeting. It was moved by Jabbour, seconded by Goe�tten, to table discussion on final payments on County Road 15 Street and Lighting Improvements to the next meeting. Ayes 5, nays 0. ( * #17) PHEASANT LAWN GOOSE RELOCATION PROGRAM It was moved by Jabbour, seconded by Butler, to authorize payment of $200.00 toward the cost of the goose relocation program for 1992. Ayes 5, nays 0. Ray Hartman, representing residents of the Pheasant Lawn area, noted this is the fourth year of the four year program. He reported that the goose population-ha-8 dropped from approximately 360 to 60. He felt it would be difficult to totally eliminate those as'some' are full grown and can. fly away. . He asked the Council to consider this as an on -going program, an,d perhaps City - wid.e. Goetten suggested he submit a proposal to the City Administrator. ( * #18) TEMPORARY EMPLOYEE - PARK DEPARTMENT It was moved by Jabbour, seconded by Butler,. to authorize the employment of Stephen Carlson, 1185 Arbor Street, as a temporary park maintenance helper at an hourly rate of $7.00 per hour effective June 9, 1992. Ayes 5, nays. 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ( * #19) 1992 POLICE LIEUTENANT CONTRACT SETTLEMENT It was moved by Jabbour, seconded by Butler, .to.approve the contract settlement, *to authorize the-City Administrator to prepare contract language reflecting the settlement items, and* -to authorize the Mayor and City Administrator to sign th-e contract. Ayes 5, nays 0. ( #20) ATTORNEY'S REPORT - EXECUTIVE SESSION It was moved by. But 'ler, seconded by Goetten, to adjourn the regular Council meeting at 8:45 p.m..to Executive Session. Ayes 5, nays 0. ( * #21) LICENSES It was moved by Jabbour,' seconded by Butler; to approve -the following licenses: Kennel License - Residential_: Stephen G. Esco, 230 Big Island Rodney Crawford, 4705 North Shore Drive Garbage & Refuse Collector:* Westonka Sanitation Motion, Ayes 5, nays 0. ( #22) BILLS Mayor Peterson questioned the amount to.Strgar Roscoe Fausch. Moorse stated he would check into it. It was moved by Mayor Peterson, seconded by Goetten, to approve payment of the All Funds Account, as revised. Ayes 5, nays 0. Butler asked Chief Sullivan about an accident on County Road 15 on the previous Friday. Sullivan reported that two cars were traveling westbound, one tried to pass on the right and was hit by a car merging from a side street. Three people were hospitalized. Jabbour announced that Sullivan would be in jail on June 22. Sullivan clarified that he was being jailed by the Lake Minnetonka Chapter of the American Cancer Society to raise funds through bail. Callahan asked if there was an unpai.nted patrol car in Spring Park. Sullivan noted they are waiting for the striping. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ADJOURNMENT It was moved by ,Butler, seconded by* Jabbour, to adjourn the Executive Session of the Council at 9:45-p.m. Barbara A. Peterson, Mayor AT�EST ~Do othy Hallln, City Clerk 15