Loading...
HomeMy WebLinkAbout07-13-1992 Council Minutes} MINUTES OF THE REGULAR ORONO�COUNCIL MEETING HELD JULY 13, 1992 i ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour, and J. Diann Goetten. Mary Butler and Edward Callahan were absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, 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 #23. It was moved by Mayor Peterson, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 3, nays 0. Motions for all items adopted by consent agenda will be included ~' In the minutes in their respective numerical order. ( * #2 & #3) APPROVAL OF MINUTES It was moved by Mayor Peterson, seconded by Goetten, to approve the minutes of the regular Council meetings held on June 8,.1992 and June 22, 1992. Ayes 3, nays 0.. PUBLIC COMMENTS Pat Crane, 285 Leaf Street, asked if the Council, at this meeting or a future meeting, would be considering the expansion of Leaf Street. Gerhardson reported that the city wou I d need to wait to hear if the project can proceed and the neighborhood would then be notified of a hearing date. ( #4) #1739 ALBIN NELSON, 500 OXFORD ROAD — CONDITIONAL USE PERMIT — RESOLUTION #3137 Mr..Nelson was present. Moorse explained that the Council tabled this appiication'at their last meeting because of concerns over the removal of mature trees on the property. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 ZONING FILE #1739 - CONT. Nelson noted that the survey does not indicate the trees are to remain. He stated that the area in front of the pool is actually a Minnesota woodlands. He said that removal of the designated trees will allow the other trees better lighting. He noted they intend to replant bushes on the slope because it is very steep. Mabusth reported that she and'the City Engineer inspected the site. She stated the Engineer's report did not specifically address the loss of trees as it would be minimal in light of-the adjacent heavy treed area. She felt it was better to install quick growing vegetation on the. newly installed slopes to prevent further erosion. Jabbour stated that Butler's concern was.preventative measures to ensure the other.trees wouldn't.die. Nelson noted that the trees provide privacy for the pool area, and he is very concerned about maintaining the existing vegetation. It was moved by Jabbour, seconded by Goetten; to adopt-Resolution #3137 for Application #1739 for Albin Nelson, 500 Oxford Road, approving a conditional use permit to allow filling in excess of 100 cubic yards. Ayes 3, nays 0. ( #5) #1741 RODNEY & SHARON BATZLAFF, 1115 BROWN ROAD SOUTH VARIANCE - RESOLUTION #3138 Mr. Batzlaff was present. Moorse explained that this application involves a request for a variance to construct a detached.garage to be placed in the front setback area and within 23' of the right -of -way. Mabusth noted that the applicants have agreed to move the shed in the rear yard that encroached the north side of the property line. It was moved by Goetten,' seconded by Mayor Peterson, to adopt Resolution #3138 for Application #1741 for Rodney and Sharon Batzlaff'of 1115 Brown Road South, approving variances to construct a detached "garage in the front yard setback area. Ayes 3, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 (#6)'#1742 JAMES & AMY LAING, 500 ORONO ORCHARD ROAD - VARIANCE - RESOLUTION #3139 Mr. and Mrs. Laing were present. Moorse explained that this is an application to allow the construction of a family room /garage addition replacing an 'existing detached garage, and for a bedroom addition to the south side of the residence. It was moved by Goetten, seconded by Jabbour, to adopt Resolution #3139 for Application #1742-for James and Amy Laing, 500 Orono Orchard Road, approving variances to construct additions to the existing residence.. Ayes 3, nays 0. ( #7) #1743 ALBERT HANSER, 1685 FOX STREET - PRELIMINARY SUBDIVISION - RESOLUTION #3140 Goetten stated she attended the Planning Commission meeting at which this application was last reviewed. She said Orono's past policy has been to allow non - conforming structures with the condition they meet current code for any structural repairs. She noted the applicant has reduced the subdivision from a 5 lot to a 3 lot division. At the last meeting, the Planning Commission changed their original decision and recommended the applicant remove the two non - conforming structures, the shed and tennis court. She disagreed with the Planning Commission's decision. She asked about the driveway.- Mabusth clarified that the Planning Commission recommended that the drive be allowed to remain with the appropriate variance approval. Goetten asked about park dedication. Mabusth reported that the a bike trail easement will be taken along the property line, and an adjustment to the park dedication fee. will be figured for such easement. It was moved by Goetten, seconded by Jabbour, to adopt Resolution #3140 for Application #1743,. Albert Hanser, 1685 Fox Street, approving the preliminary subdivision with the appropriate. amendment to, the conditions of the resolution regard "ing the non - conforming structures. 3 MINUTES OF.THE REGULAR ORONO COUNCIL MEETING HELD JULY.13, 1992 ZONING FILE #1743 - CONT. Jabbour asked that the_ .motion be' amended to allow for the app Ii cat i on. to be reconsidered if this is not agreeable to the applicant. Goetten agreed to'the amendment. Ayes 3, nays 0. ( * #8) 1990 -91 -92 COMMERCIAL MARINA LICENSE - WINDWARD MARINE It -was moved by Mayor Peterson, -seconded by Goetten, to approve issuance of a commercial dock /marina license to Windward Marine, Inc., 1444 Shoreline Drive, for the 1990 - 1991 -1992 license years. Ayes 3, nays 0. ( #9) REVIEW MINNETRISTA PROPOSED SHORELAND ORDINANCE FLEXIBILITY Moorse explained this is to allow the Council's opportunity to review Minnetrista's proposed shoreland ordinance flexibility request. Jabbour stated that Minnetrista's philosophy is very close to Orono's, and stated they should show their support for Minnetrista. Goetten suggested sending a letter to Minnetrista- expressing the Council's appreciation for the opportunity to review the proposed ordinance and noting Orono's support. It was moved by Mayor Peterson, seconded by Jabbour, to direct staff to send such a letter to Minnetrista. Ayes 3, nays 0. ( #10) METROPOLITAN COUNCIL 64/640 - ANALYSIS OF ORONO'S CURRENT - SITUATION Jabbour asked about the possibility of the Metropolitan Council stopping the Stubbs Bay sewer project because of this issue. Moorse felt that the project' would not be stopped because of density. He said the next * would be to get that opinion in writing. He noted the Metrpolitan Council would be reviewing the Comprehensive Plan amendment within the next two weeks. Gaffron. noted that a separate comprehensive plan amendment is planned to extend the MUSA line to the Stubbs Bay.area. Moorse stated that he felt that the Long Lake area would also be approved. Jabbour felt that they should get approval of Stubbs Bay area first. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 METROPOLITAN COUNCIL 64/640 — CONT. Moorse said that the Stubbs Bay area Is unique as there are not any new lots being created. Goetten felt that they should not prioritize the projects. She felt that the Metropolitan Council should welcome the Stubbs'Bay project .because of environmental issues. It was moved by Jabbour, to direct staff to submit. for approval the comprehensIve.pIan amendment extending the MUSA line to the Stubbs Bay area first. There was not a second and the motion failed. Albin Nelson asked if the Metropolitan Council has the power to veto the project. -He suggested that the Council do whatever they have to do "to ensure the project will proceed. Moorse asked Cook for the deadl.ine date to delete portion s.of the project from.the base bid. Cook answered that the deadline is July.14th. Moorse directed him to extend that deadline for two weeks. He said the soonest the project could start would be July 23rd. Cook noted that the permit has not been issued from the PCA as they are awaiting approval from the Metropolitan Council. Pat Crane asked If the delay would be for the entire project or just portions of it. Mayor Peterson noted it is�a delay for the entire project. Moorse said that this issue is not holding up Council's approval of the Cygnet Place and Leaf Street area in assessment proposal. Barrett said that the contracts have been reviewed and are ready for signature. Moorse asked the Council to comment on the memo by Gaffron on the 64/640 issue. Goetten said she is waiting to hear what else i s going to come from the Metropolitan Council. 5 51 ~ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 M METROPOLITAN COUNCIL 64/640 — CONT. Gaffron noted that the memo is two weeks old and at that time it was interpreted that there would be no flexibility with regards to this issue. He stated that since then, it appears there may be some flexibility. He said that the Metropolitan Council would ultimately try to enforce *the rule. Goetten said she would rather have the Metropolitan Council address the Highway 12 issue rather than this issue. All Members agreed that Gaff ron did a great job on the memo regarding the 64/640 ruling. MAYOR /COUNCIL REPORT A) Goetten stated that she felt they-did a terrific job at the Highway 12 public hearing meeting. B) Jabbour stated he was unhappy with the Watershed Distri•ct's report. He thanked JoEllen Hurr for all the work she has done for the City. He noted the Watershed District- i s unhappy that Orono has not done any p I ann'i ng s i nce 1986, and stated they wou l d I i ke to- .see a Storm Water Management Plan. C) Jabbour reported that he surveyed all public accesses on the Lake on July 4th and will present the results to the Task Force. He noted '-that the. LCMR has granted $944,000 to the DNR for I ake accesses. D) Jabbour suggested that Callahan and Goetten review the possibility of sharing services with'other communities. It was moved by Jabbour, seconded by Goetten, to volunteer Callahan and Goetten to review the issues of shared services with other communiti -es. Mayor Peterson noted that she and Moorse had recently attended a meeting of the 14 lakeshore cities, where they discussed this issue. She noted that for a small fee, cities can be included in a survey of services available. Jabbour said•,he does not wish to participate in 'a -Task Force on this issue as it,will only slow down the process: Mayor Peterson said that the survey will only provide information, and each city will be on its own to contract in areas that they so desire.- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 MAYOR /COUNCIL REPORT — CONT. Goetten suggested that they start by pursuing those cities initially discussed. Motion: Ayes 3, nays 0. E) Jabbour reported that Hurr has expressed 'a great appreciation and gratitude to Gaffron for all the work he did on the shoreland regulation ordinance. He said he was thankful to have Hurr on the i City's side. ENGINEER'S REPORT There was no Engineer's report. CITY ADMINISTRATOR'S REPORT ( #11) STATE FEE FOR TESTING DRINKING WATER - ORDINANCE #103, SECOND SERIES Moorse explained that the Federal government has mandated additional water testing, so the State government is requesting additional funding from cities. Jabbour suggested they send an explanation of the additional charge to residents with the billing. It was moved by Mayor, Peterson, seconded by Goetten, to adopt Ordinance #103, Second Series, adding the safe drinking water testing program fee effective with the 1992 second quarter billing. Ayes 3, nays 0. ` ( #12) PEDESTRIAN CROSSING OLD CRYSTAL BAY ROAD NORTH Moorse explained that the cross walk is. being proposed because children cross the road from the school to the day care center located in the church, and also a bike /hike trail will soon be located on the east side of the road and students wi'II need a crossing to get from the school to the trail. Gerhardson noted the cost'is approximately $200.00. ,FF It was moved by Jabbour, seconded by Mayor Peterson', to establish a crosswalk on Old Crysta I Bay Road 25' north of -the New Life B i b l e Church driveway, and direct the Public Works Department to place signage as appropriate and annually or as needed and have a standard crosswalk painted at that location. Ayes 3,,nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 (#13) STUBBS BAY SEWER IMPROVEMENT — ASSESSMENT UPDATE Moorse - explained that this is the assessment "role proposal for the Cygnet Place and Leaf Street areas. Mayor Peterson thanked Frank St. Lawrence, Dean Moline, and Gene Deter 1 1 ng *for a I I the work "they d i d to ensure a reso I ve of th i s issue. .It was moved by Jabbour, seconded by Mayor Peterson, to adopt the assessment role as presented for the Cygnet Place and Leaf Street areas. Ayes 3, nays 0. ( #13A) STUBBS BAY SEWER IMPROVEMENT — UPDATE Moorse said they would try to find a way to begin the project prior to July 23rd. Jabbour noted that a special meeting could be caIIed.if necessary. He suggested getting endorsement from the Environmental Committee of Lake Minnetonka on the project to submit to the Metropolitan Council. Moorse suggested staff submit to the Metropolitan Council a summary on the environmental Issues Involved with the project. ( #14) STUBBS BAY.SEWER IMPROVEMENT — RESOLUTION #3141 BOND SALE Moorse explained that the Council is ready to make a final decision on the scope of the project, but they must wait for approval by the Metropolitan Council before proceeding. Carolyn Drude suggested establishing the date of the sale as August 10th. She said this date would be contingent upon approval of the project by the Metropolitan Council. Jabbour clarified that the bond has to be..'caIIed for this particular project. He asked if it prohibits the City, if they. have access funds, to use it for another project. DrudeN sa,l d It does not prohibit the City f rom doing that if one project were aborted, but said the'Federai government. is not real supportive of such actions as an original intent. Jabbour asked.if there were any bonds the City should retire in lieu of the financial market. 8 i f MINUTES OF THE REGULAR ORONO'.COUNCIL MEETING HELD JULY 13,.1992 STUBBS BAY SEWER — CONT. Moorse said the only.bond with enough principal left would be the bond for the Crystal Bay area, but that bond is not caIIable'untII a later date. Drude handed out a sheet which showed a one year history of bonds'. She stated that the market Is one that is 'probably worth taking advantage of, but not to jeopardize the City's readiness factor. Crane asked .If, by approving the sale of the bonds, the Council is committing to any vested commission due. - Drude stated that fees incurred by her company are payable after the bonds are sold and proceeds delivered. She said that there is- no fee if the sale is aborted.'The City may incur a small- cost if the date is postponed and the resolution needs to be revised. It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution #3141 calling.for the sale of bonds for the Stubbs Bay sewer project. Ayes 3, nays 0. ( #15) CHANGE ORDER #1 — LIFT STATION #9 Moorse explained that this lift station has had many failures recently and it was' determined that the contractor would need to install by —pass pumps at an additional cost. It was moved by Jabbour, seconded by Mayor Peterson, to'authorize Change Order #1 to New Mech Companies, Inc. for an amount not to exceed $8,200.00. Ayes 3, nays 0. t ( #16) 1991 COMPREHENSIVE ANNUAL REPORT Goetten asked about the news release about the financial reporting award. Mayor Peterson said the document would be discussed at a future meeting. ( #17) SELECTION OF NAME FOR CITY HALL FRONTAGE ROAD It was moved by Mayor Peterson, seconded by Jabbour, to select Ke I I ey Parkway' as a name for the f rontage road sere i•ng the new C i ty facilities..Ayes 3, nays 0. 9 b MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 s ( #18) CITY FACILITIES BID AWARDS Jabbour said that major issues had never been budgeted for because. of changes 1n standards that the City will be forced,to deal _with. He stated he would like to hold off on anything they do not need to purchase immediately. Gerhardson' noted the bid.awards are under the estimated budgeted amount. `. It was moved by Jabbour,' seconded by Goetten, to award the following bids: Floor sealer at Publ is Works to Technical Surfacing, Inc. for an amount of $8,850.00; Insulation of attic at City offices to Citywide Insulation for an amount of $10,220.00; Ceramic to Dale Tile for an amount of $21,292.00; and Structural and miscellaneous steel erection to Amerect for an amount of $15,1.45.00. Motion: Ayes 3, nays 0. ( #19) FUEL STORAGE BID AWARD Moorse explained that staff has weighed the cost of above ground storage versus below ground storage. He stated the above ground storage would cost approximately $17,000 more. Jabbour stated that he strongly feels the tanks should be above ground. Goetten agreed with Jabbour for environmental reasons. Cook felt the underground tanks were fine and stated there will always be some risk with the underground tanks. He stated that two - thirds of all cities are still going with the underground tanks.. Jabbour stated that it used to be 100% of the cities were using underground tanks. He said he would 1 i ke staff- to review insurance costs for underground tanks and directed staff. to project those figures out for a couple years. It was moved by Mayor Peterson, seconded by Jabbour, to table.the fuel storage bid award to allow staff to further review-the issue. Ayes 3, nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 r ( *#20) STEPHEN WECKMAN PERFORMANCE REVIEW & SALARY ADJUSTMENT 9 It was moved by Mayor- Peterson, seconded by Goetten, to increase Stephen Weckman to Level 6, Step 3 at an hourly rate of $13.60 to be effective July 20, 1992 with a recommended 'salar,y 'review scheduled for December 1993. Ayes 3, nays 0. ( *#21) SUMMARY FOR PUBLICATION 1991 COMPREHENSIVE ANNUAL FINANCIAL REPORT It was moved by Mayor Peterson, seconded by Goetten, to approve the 1991 Summary Financial Report for publication. Ayes 3, nays 0. ATTORNEY'S REPORT° There was no Attorney's report. ( * #22) LICENSES It was moved byKMayor Peterson, seconded by Goetten, to approve a Special Events Permit for4Rick-Recker /St. George Church for the Corn - August 9, 1992 from .12:15 -1 :00 p.m. Ayes 3, nays 0. ( #23) BILLS. Goetten asked why the City has a request ,for payment of fire service for 1989, 1990 and 1991. �' ��- ',�.c. "� *;� 1: kk. `N Moorse said Maple Plain has just sent the bill. t , Goetten said she hopes this practice will not be allowed in the future. It was moved by Goetten, seconded by Mayor Peterson, to approve payment of the All Funds Account Ayes 3, nays 0. ADJOURNMENT , It was moved by Jabbour, seconded by Goetten, to adjourn the Orono City Council meeting at 8:45-p.m. Ayes 3, nays 0. 11 . 4Y MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1992 RECONVENED MEETING It was °moved by Jabbour, seconded by Goetten, to reconvene the Orono City*Council meeting at 8:50 p.m. on July 13, 1992. Ayes 3, nays 0. , It was moved by Jabbour, seconded by Mayor Peterson`, to establish a public hearing to be held by the Planning Commission on August 3, 1992 at 7:00' p.m. and a public hearing*to be held by the Council on August 10, 1.992 at 7:00 P.M. to review the Comprehensive Plan amendment for Stubbs Bay. Ayes 3, nays 0. ADJOURNMENT It was moved by Jabbour, seconded by Goetten, to adjourn the Orono City Council meeting at 8:55 p.m. Ayes 3, nays 0. ATTEST:. thy. Oalloin, City Clerk ar Pete ara A. Pet o , -Mayor J. Dainn Goette , Acting Mayor 12 J