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HomeMy WebLinkAbout06-22-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 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 Tom Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:10 P.M. ( #1) CONSENT AGENDA Jabbour removed Item #5. Butler removed Item #2. It was moved by Jabbour; seconded by Goetten, 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. ( 02) APPROVAL OF MINUTES Butler stated she did not receive Page 3 of the minutes. It was moved by Butler, seconded by - Mayor Peterson, to table approval the minutes of the regular meeting of the Orono Council held on May 11, 1992 until Page 3 is included. Ayes 5, nays 0. PUBLIC COMMENTS — Linda McGinty,. representative for the Orono Hockey Association, requested the Council consider a joint meeting to review the proposed arena site. Mayor Peterson noted that Moorse would contact the appropriate organizations of the joint meeting.. Callahan felt that a joint meeting of all organizations would prove to be counter productive. Goetten suggested that the Council and Planning Commission meet to discuss the issue. 1 3 i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 ( * #3) #1679 WILLIAM MILLER, 2691 CASCO POINT ROAD — ' VARIANCE — RESOLUTION #3134 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3134 for Appli -cation #1679 for William Miller of 2691 Casco Point Road, approving - variances to permit the structural repair of a gazebo /bathhouse structure and the proposed construction of a detached garage. Ayes 5, nays 0. ( #4) #1706 WILLIAM KNAPP, 4300 BAYSIDE ROAD — PRD /SUBDIVISION — REQUEST TO NAME PRIVATE ROAD It was moved by Mayor Peterson, seconded by Goetten, to approve the name Cristofori Circle for the private road within the Cristofori Woods plat. Ayes 5, nays 0. ( #5) #1732 JOAN.SWEETSER, 845 OLD LONG LAKE ROAD — FINAL SUBDIVISION — RESOLUTION #3135 Joan Sweetser was present. She explained that the assessed value for the 9 acre- parcel was $94,300 for 1992, and the 7 acre parcel being divided off is.now being assessed at approximately $105,000. She also noted the Park Commission. Is requesting a 619' bike trail easement along the property line. Gerhardson explained that the bike easement will be taken over the existing drainage easement, as Was done with the Shadowood Plat.. Jabbour.felt that the impact of having-bikers going over her land is different than the Impact of a drainage easement. Mayor Peterson clarified that this may not ever be used as a bike trail. Gerhardson concurred and explained that this area is included as part of a comprehensive bike trail system. Callahan felt the value of the easement should be reduced from the land vat uat,i on. Jabbour pointed out that the ordinance does state' that they are allowed to request 8% of the fair market value, which may not be the same as the assessed valuation for the property. Callahan asked if Sweetser has a purchase agreement for the property. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 t ZONING FILE #1732 - CONT. Sweetser said she does and the selling price is higher than the valuation set by the assessor. Mayor Peterson suggested that the buyer be made aware of the bike easement. Callahan suggested amending the resolution to reflect credit for the bike easement if the Park Commission determines that they still want the easement. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3135 for Application #1732 "for Joan Sweetser-, 845 Old Long Lake Road, subject to the resolution being amended to reflect the credit for the bike easement if it Is determined by the Park Commission that they still desire the easement. Ayes 5, nays 0. ( #6) #1739 ALBIN NELSON, 500 OXFORD ROAD - CONDITIONAL USE PERMIT Moorse explained this is an application to allow replacement of a retaining wall system. Jabbour asked if the retaining wall would impact the sewer'llnes. Cook confirmed there would not be an impact. Callahan questioned the. approval by the applicant's engineer of the materials to be used.for construction. Mabusth indicated that the resolution has been drafted such that approval of the materials must be approved by the City Engineer. Butler expressed concern about the number of trees to be removed and asked if there Is a plan to re- established the forestation. Mabusth said she was not aware of such a plan. It was moved by Goetten, seconded by Callahan, to table Application #1739 for Albin Nelson, 500 Oxford Road, until the applicant provides the City with a plan for replanting the trees to be removed during construction. Ayes 5, nays 0. KA MINUTES OF THE REGULAR ORONO COUNCIL MEETING. HELD JUNE 22,. 1992 ( * #7) 1740 STEPHEN HARRIS, 3850 WATERTOWN ROAD - RENEWAL CONDITIONAL.USE PERMIT - RESOLUTION 03136 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3136 for Application #1740, Stephen Harris of 3850 Watertown Road, approving a. renewal conditional use permit required "for land alterations in excess of 100 cubic yards. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Goetten indicated the newspapers have published an article which may have confused residents about the Public Hearing to_be held by MnDot. She noted that meeting is to be held on June 30th. She noted that the Pioneer newspaper also printed an article indicating that MnDot has approved a plan approving the southern corridor as It is the best as far as env i ronmental" concerns are concerns. She added this position came from a news release from Long Lake and-had nothing to do with a decision by MnDot. Jabbour suggested that the City send a notice to residents of the public hearing to be held by MnDot. B) Jabbour- stated he has received calls from residents on Cygnet Place regarding the staff decision on the assessment. He indicated to the residents that the majority of the Council was not concerned about percentages, but rather what a court of law would find to be appropriate charges for the sewer. He was concerned that a deadline has not been identified. He said at the last Council meeting he pushed for the usage of MSA funds for Leaf Street, and thought-the money would be rebated. He thought the money may be used to off set the trunk charges for Cygnet Place if they opt not to join the project. He felt the Council should meet prior to final date for abatements. Mayor Peterson noted that many residents believe that if MSA funds are used to restore Leaf Street, that money will be used to reduce the assessment. She felt they need to have an understanding of the Issue in writing.' Goetten stated the Council has gone over - board• to reach a fair settlement and the residents should understand fully that a future Council is in no way bound to participate In future sewer extension should these areas opt not to join in the project at this time., Jabbour noted that some of the residents on Cygnet Place are working hard to come to a resolve of the issue. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 MAYOR /COUNCIL REPORT - CONT. Callahan requested the issue be discussed in executive session. C) Jabbour reported that he and Callahan had met with Moorse, the architect and builder to discuss the concerns and progress of the City facilities. He said that logical and reasonable explanation were given to concerns expressed at the Planning meeting. He said that the Construction Manager spoke very highly of the Building Inspectors. D) Jabbour reported there was a meeting of the LMCD Task Force. He said they are diversing from the standards for car /trailer parking. He reported that the Task Force is also looking at creative parking, off- street parking to be reduced to 40', Innovative ways for compact car parking, and launches for watercraft without trailers. He noted they are also looking at . ways to reconfigure all landings to get the maximum capacity. allowed. He said he has volunteered to an , aer i a I survey on July 4th of the Lake. E) Callahan reported that the ordinance banning styrofoam docks needs to be published and reviewed by the Planning Commission prior to Council adoption. He stated because of newspaper deadline dates, the Council will not be able to act on the ordinance for 60 days. He suggested they have a alternative system to decrease publication dates. ENGINEER'S REPORT Cook explained that the 1991 Transportation Act has changed funding for highways. He said that Hennepin - County. is requesting approval of a plan approving federal funding for County Roads 6 and 15. He noted the funding may be used for reconstruction or safety improvements to the roadways. Goetten reminded him that.County Road 15 is a scenic parkway. She stated that because of environmental concerns for the Lake, Orono did not want County Road 15 to ever be upgraded. Jabbour stated that a -roadway could not be improved without City approval, no matter how it is funded. Butler did not agree with Jabbour's statement. 5 MINUTES OF`THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 ENGINEER'S REPORT - CONT. Cook felt that this would be the time to send a message to the County regarding the City's concerns about County Road 15. He said that If the County does not receive a response by June 30th, they will consider it approval by default. It was moved by Jabbour, to approve the plan -submitted.by Hennepin County for_ roads to be included for federal funding, with the exclusion of County Road 15. There was no second. Moorse explained that it 'is planned that the County will present a safety improvement plan at the next Council meeting. . Butler said they should report to the County that they cannot make a decision until a later date. All Members agreed. CITY ADMINISTRATOR'S REPORT ( * #8) FINAL -PAYMENTS ON COUNTY ROAD 15 STREET LIGHTING IMPROVEMENTS It was moved by Jabbour, seconded by Goetten, to approve payment of City of Orono's share of final costs for joint project with Hennepin County for the County Road 15 street right -of -way costs in the amount of $103,996.65, street lighting cost of $4,347.35, and street improvement costs of $63,243.95; and appropriating $65,240.60 from the P.I.R. road and Bridge Account and $4,347.25 from the P.I.R. General Account. Ayes 5, nays 0. ( #9) LMCD PROPOSED 1993 ANNUAL BUDGET JoEllen Hurr was present. She announced the next Board meeting will be held Wednesday, June 24th. The Board will be reviewing the request for a joint. dock for Big Island Inc. Mabusth explained that the Council has approved a conditional use permit for the property, but the City has not yet received a dock license application. She suggested that the LMCD should not act on the request.until the City is in receipt of the application. Hurr reported that on June 25th, the revised Legislative Commission of Minnesota Resources will hold a hearing on funding for accesses on Lake Minnetonka. D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 LMCD PROPOSED 1993 ANNUAL BUDGET — CONT. Hurr reviewed the proposed budget and noted the decrease in Orono's share. Jabbour said he appreciated all the work by Scott and JoEllen on the budget. He felt that the LMCD may be relying too strongly on license and permit fees, which may be argued in court. Butler said for years the City has argued that the LMCD should rely more on user fees. Jabbour expressed his concern that Orono is not benefitting from the LMCD as much as other communities.* Hurr noted that Orono does not have public docks and probably does not benefit the same as other communities. Jabbour stated that the LMCD needs to demonstrate the value they are to communities. Hurr reiterated that if all the cities around the Lake .were as restrictive as Orono, there wouldn't be a need for -the LMCD. ( #10) SELECTION OF NAME FOR HIGHWAY 12 FRONTAGE ROAD It was moved by Mayor Peterson, seconded by Goetten, to establish the name for.the Highway 12 Frontage Road as "Les Kelley Memorial Drive ", subject to approval by the family. Ayes 5, nays 0. ( #11) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #4 It was moved.by Butler, seconded by Mayor Peterson, to approve City Hall and Public Works Buildings Architect-'s Application and Certificate for Payment #4 as presented. Ayes 5, nays 0. ( #12) WINDWARD MARINA — REQUEST FOR 1991 LICENSE FEE REDUCTION Gaffron explained that Mr. Rivers has requested a reduction in the 1991 license fees in order to make his fee equitable with the two other marinas who were granted concessions in 1990. He is also requesting the Council waive the $50.00.Iate. fee for the 1992 application. Butler said that the fact the Council in the past has granted concessions to other marinas indicates their willingness to be fair. She felt Mr. Rivers shou l d only pay the $200.00 for the 1991 license. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 WINDWARD MARINA — REQUEST FOR 1991 LICENSE FEE REDUCTION — CONT. Callahan said that every time the Council tries to start fresh with regards to licensing marinas, they have difficulty as to where they should start. He thought the Council had decided at a previous meeting that all marinas would pay their 1991 and 1992 license fees, regardless of past decisions. He said that Rivers appeared before the Lake Use Committee stating 'he felt he had not received an answer to this request. Mayor Peterson agreed with Callahan. Goetten felt that they should waive the late fee. Rivers said he was just asking for equal treatment. It was moved by Callahan, seconded by Mayor Peterson., - to direct staff to inform Mr. Rivers to pay the full amount for license fees owned for 1,991 and 1992. Ayes 3, nays 1. Butler voted nay. Jabbour abstained. Callahan said that this is the current standard of the rulings of the Council in connection with.marina licenses. Butler felt that It was unfair that a l l marinas d i d not get . the reduced fee for 1990. It was moved by Goetten, seconded by Mayor Peterson, to'direct staff to waive t -he $50.00 late fee for the 1992 marina, i'i cense for Windward Marine. Ayes.4, nays 0. Jabbour abstained. ( #13) LEAF STREET RECONSTRUCTION UPDATE. Moorse explained this is an update after the meeting on site with staff and the residents-of the area after the sewer area had been staked. Gerhardson reported_ that after the meeting all had the understanding that the sewer would have the greatest impact to the property as it relates to removal of existing improvements. He said the residents were not convinced that a 28' paved roadway would be appropriate. He said the 'residents are under 'the impression that there will 'be a separate meeting to inform the residents of the Council's decision on this street. Butler asked if Cygnet and Leaf Street are not sewered, there will not be a need for the meeting. 8 E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 LEAF STREET RECONSTRUCTION UPDATE — CONT. Jabbour understood that they wouid still need to dig up the street to install the trunk line. Gerhardson noted it would be Just to the Luce Line Trail. Jabbour asked how many other streets within the 'CIty are allowed the use of MSA funds. Gerhardson read off the list. Jabbour suggested they use the MSA funds for one of these other streets. Frank St. Lawrence, 253 Cygnet Place, said there was some confusion about the cost of the sewer project and the amount it would be reduced if MSA funds were used. Mary Lou Lutz, 258 Cygnet Place, said her main concern is safety, and felt that if the road were wider it would be more unsafe. Sullivan noted that the road. i s fairly narrow and a w i der road may be safer. He added that citizens typically see -cars traveling faster than the actual speed. He said that if the road were widened, it may become a preferred shortcut. Gerhardson noted he suggested to the residents that a sidewalk could be installed along Leaf Street,* but they were not receptive to that idea: ( #14) ESTABLISH A WORK SESSION TO DISCUSS MNDOV S HIGHWAY 12 HEARING Moorse asked if the Council wishes the residents to be notified of the public hearing. Goetten felt that a postcard would be- appropriate. Jabbour suggested that their expert testify at the public hearing. Mayor Peterson.agreed with Jabbour. Butler suggested they continue the Council meeting to Wednesday, June 24, 1992, at 3:00 P.M. to continue discussion on the public hearing held by MnDot. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1992 . ( #15) ESTABLISH A WORK SESSION TO REVIEW THE PRELIMINARY 1993 ANNUAL BUDGET Mayor Peterson announced that a work session will be held on August 3, 1992 at 3:00 p.m.' in the Council Chambers to' review the preliminary 1993 annual budget. ATTORNEY'S REPORT — EXECUTI.VE SESSION Mayor Petersonr adjourned the•regular. Council meeting at 9:15 p.m. to Executive Session.. ( * #16) LICENSES There were no license. ( * #17) BILLS It was moved by Jabbour, seconded, by Goetten, to approve payment of the All Funds Account, as revised. Ayes 5, nays 0. . ADJOURNMENT It•was moved by Jabbour, seconded by Butler, to con -tinue the Orono City Council meeting to Wednesday, June 24, 1992 at 3 :00 p.m. in the Orono Council Chambers.- Ayes 5, nays'0. ATT allin, City Clerk &A". - Barbara A. Peterson, Mayor 10 —.-