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HomeMy WebLinkAbout10-26-1992 Council Minutes.3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ROLL The Council met on the above date with the following members present: Mayor Peterson, Counciimembers J. Diann Goetten and Gabriel Jabbour. Edward Callahan and Mary Butler were absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. ( #1) PRESENTATION BY SENIOR SERVICE REPRESENTATIVES JoAnn Kvern, Senior Community Services, introduced Dotty O'Brien of the Westonka Senior Center, Phyllis Sprague of the Tamarack Senior Center, Peg Kamholz of Senior Community Servies, and Mabel Belt and Dorothy Rauschendorfer, residents of Orono. O'Brien explained various activities the center is involved in and noted membership has risen from 150 to 660+ in recent years. She submitted a copy of the center's newsletter and thanked the Council for their support. Kamholz explained her- responsibilities with the Senior Community Services and thanked the Council for their continuing support. Mayor Peterson stated the Council appreciates the report and the efforts made by the different organizations. ( #2) CONSENT AGENDA Mayor Peterson removed Item #3. It was moved by Goetten, seconded by Jabbour, 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. ( #3) APPROVAL OF MINUTES Mayor Peterson said she did not attend the meeting and would not vote on the minutes.' It was moved by Goetten, seconded by Jabbour, to approve the minutes of the regular meeting of the Council held on October 12, 1992. Ayes 2, nays 0. Mayor Peterson abstained. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 LAKE MINNETONKA CONSERVATION DISTRICT JoEllen Hurr noted the upcoming Board meeting to be held October 28th. The Board will hold public hearings regarding the styrofoam ord i nance, the mu I t i p I e dock I i c'ense for Ne I son /Gage on Stubbs Bay, and the joint dock license for Pheasant Lawn. Hurr reported a training session on monitoring the Lake was held on October 10th for 28 -35 people. She stated they still need approximately 12 more people to help with the project. Jabbour reported on the process of the Lake Access Task Force. He stated the process is ailing. He understood development of the Maxwell Bay site was not to commence until the Task Force produced their findings, but felt that was not going to happen. He stated the Chair of the Task Force seems to be making all the decisions on the LMCD's behalf. He explained the former site of the Mai Tai restaurant in Excelsior is available to the DNR, but it was explained to him that the DNR will not consider the site. He requested the Council express their desire to have the LMCD adopt a policy on how they should make decisions about potential public access locations. Goetten understood when the Task Force process began, they would look at possibilities in other communities. Hurr stated there is no criteria in place to look at other sites. Jabbour noted no one thought the process of the Task Force would take as long as It has taken. He felt it unfair that the burden to provide public access was not shared equally among the lake cities. He indicated the LMCD has a serious perception problem. He reiterated Scott Carlson of Minnetrista was the only other community to provide representation religiously for the meetings held by the Task Force. He noted it is a very diverse group around the lake. Mayor Peterson asked about support from other communities 'regarding Jabbour's request to the LMCD. Hurr noted she would bring the request up at the next meeting, and suggested the Council garner additional support for the December meeting if it is deemed necessary. E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 PUBLIC COMMENTS Curt Quady, 1223 South Brown Road, explained he wishes to construct a new garage' on h i s property and went to the City for direction where it. was explained he is in a 2 acre zoning district and would need a variance and a survey. He asked the .Council why they do not rezone the Crystal Bay area to reflect current development. He added he does not believe in the variance process. Goetten stated it was originally zoned 2 acres to curtail further development. She noted it is a major effort to rezone property. Jabbour asked the affect of such rezoning on the 64/640 rule. Gaffron felt rezoning this area would not affect that rule as it is within the MUSA boundary. Jabbour added even if the property were rezoned, a survey would still be required. Quady reported, a year ago he asked the City to remove a dead tree at the rear of his property within an alleyway. He said recently he and a neighbor took down the tree as the City did not respond to his request. He asked why other areas of the City have a better response time to requests such as this. Moorse explained dead trees are generally removed during the winter. Jabbour felt the service should be provided on a first come first serve basis, with those most hazardous conditions taking precedence. Goetten suggested Moorse review the issue and report back to the Council. ( #4) #1521 J. VOGT & M. HILBELINK, 115 OLD CRYSTAL BAY ROAD NORTH — FINAL SUBDIVISION — RESOLUTION #3190 —A John Vogt and Mike Hilbelink were present. Mabusth explained the new applicants have fulfilled all conditions of the final subdivision approval. In addition, the applicants are requesting an additional curb cut off Old Crystal Bay Road for Lot 2, Block 2. Staff does not recommend the additional curb cut based on the City Engineer's recommendation. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26,.1992 ZONING FILE #1521 - CONT. Hilbelink felt the lot dictates the additional curb cut as it will create a very long driveway for that property and the building envelope is better laid out with access from Old Crystal Bay Road. He reminded them that there currently is a cut there. Goetten stated the request sounds logical, but referred to the City Engineers findings that the cut would be unsafe. Vogt stated PhII Nelson shot distances at the top of the hill at 200'. Cook said they are looking for 300' of sighting. Mabusth noted if the plat is amended, the outlot would not be needed and the plat would have to be reviewed by the Planning Commission. It was moved by Mayor Peterson, seconded by Goetten, to adopt Resolution #3190 -A for Application #1521 for J. Vogt and M. Hilbelink of 115 Old Crystal Bay Road North, for final subdivision approval. Ayes 3, nays 0. ( #5) #1765 JOHN MOORE, 801 TONKAWA ROAD - VARIANCES - RESOLUTION #3191 James Cradit was present. Gaffron explained the. applicant has provided an updated survey and proposed additional hardcover removals in the 0 -75' zone. It was moved by Goetten, seconded by Mayor Peterson, to adopt Reso I ut i on #3191 for App I i cat i on #1765 for John Moore, 801 Tonkawa Road, for variances to construct an addition to the existing residence. Ayes 3, nays 0. ( #6) #1766 HOWARD EISINGER, 3245 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT - RESOLUTION #3192 Howard Eisinger was present. Mabusth reported the Planning Commission recommended approval for 10,000 cubic yards of additional fill, based on the 3,000 to 4,000 cubic yards still available from the Stubbs Bay project. It was also recommended, prior to any future request for additional fill, the entire project be reviewed by applicant's consultant and the City Engineer. She asked if Eisinger plans to expand beyond the 300x500' fill site. 4 MIN•UTES'OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ZONING FILE #1766 - CONT. Eisinger said he plans to expand to the south. Jabbour agreed with the Planning Commission recommendation, but questioned how the City could have approved 100,000 cubic yards originally and now is only approving 10,000 cubic yards of that original approval. He asked why the applicant should come before them 10 times to obtain the amount of the original approval. Mabusth explained the original amount was for a much larger area and the fill was available. Goetten agreed, and stressed the need to review the situation prior to the applicant submitting another conditional use permit. Mayor Peterson asked Eisinger if he intends to expand upon the area being filled. Eisinger stated that is his long -term goal. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3192 for Application #1766 Howard Eisinger, 3245 Wayzata Boulevard, for a conditional use permit for an additional 20,000 cubic yards of fill. Ayes 3, nays 0. ( #7) #1772 JAMES BROOKS, 3785 WATERTOWN ROAD - VARIANCE - RESOLUTION #3193 It was moved by Goetten, seconded by Mayor Peterson,, to adopt Resolution #3192 for Application #1772 James Brooks, 3785 Watertown Road, approving a variance to reconstruct a porch to the existing residence. Ayes 3, nays 0. ( #8) DRAFT LETTERS OF RESPONSE - FLEXIBILITY REQUESTS It was moved by Jabbour, seconded by Mayor Peterson, to table consideration until Callahan was available. Ayes 3, nays 0. MAYOR /COUNCIL REPORT A) Jabbour reported that the last Planning Commission meeting did not run as smoothly as it should. He felt some applications were brought before the Planning Commission prematurely and applicants were not informed prior to the meeting of the recommendation to table or the need for additional information. 61 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 MAYOR /COUNCIL REPORT - CONT. Goetten reminded them the City is a service oriented business and should run that way. Mayor Peterson stated there may be underlying circumstances. B) Jabbour reported after research he has discovered the City may not be saving money by installing the underground gas tanks, and may In fact, save money by buying at the pump. He reminded them the original budget called for 3 tanks, and they are only installing 2, and that is the reason they are underbudget in this area. He added, the amount of diesel fuel stored in one tank will supply the City for a three year period. Mayor Peterson felt they may have been mislead on more than one item. Jabbour stated they had promised the residents this project would not be staff - driven. He added the City may end up purchasing tank insurance which will be an additional expense. Barrett indicated he was sure the City did not have any insurance for clean -up from the tanks. Jabbour stated the Council was told the City was insured for clean- up under the current policy. Goetten asked if it was too late to cancel the contract for 'the tanks. . Jabbour stated it was presented to the Council that the City would save money by buying-in bulk rather than going to a station, which he has found to be untrue. He added, the 'cost of the bond needed to purchase the tanks and the interest will add to the cost of those tanks. He stated the City's liability for having the tanks is a factor. He added' the amount of fuel one tank will hold will last the City three years, and felt that an exorbitant amount. Craig Linden, 2655 North Shore Drive, suggested the Council cancel the order for the tanks and pay the cost i nvo I ved to cance I . He felt the long -term negative affect of the tanks would outweigh the initial loss. Moorse stated he would check the following day and report to the Council immediately. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ENGINEER'S REPORT (#9) REQUEST FOR PAYMENT #3 - ELEVATED WATER STORAGE TANK Jabbour asked if the City needs to provide notice to the adjacent community that the City would not be purchasing water in the near future. Moorse stated he would check on that. It was moved by Mayor Peterson, seconded by Goetten, to authorize Pay Request #3 for the installation of the 400,000 gallon elevated tank to PDM, INC. in the amount of $179,464.50. Ayes 3, nays 0. ( #10) REQUEST FOR PAYMENT #3 - STUBBS. BAY SANITARY SEWER IMPROVEMENT Cook stated they are two - thirds done with the project. Jabbour stated, at a recent Planning Commission meeting, residents from Leaf Street expressed their appreciation for the work done by the engineers to preserve the vegetation in the area. It was moved by Goetten, seconded by Mayor Peterson, to authorize Pay Request #3 for the Stubbs Bay sanitary sewer improvement to Progressive Contractors, Inc., for an amount of $272,411.08. Ayes 3, nays 0. CITY ADMINISTRATOR'S REPORT ( #11) PUBLIC VS. PRIVATE RESPONSIBILITY FOR THE MAINTENANCE OF BRIAR STREET Moorse referred to his memo which examines the question. He stated the City has not been consistent in the past and history tended to dictate action. He noted there has not been any changes in the past 10 years. Goetten felt they should be reviewing the whole issue. She felt they could not treat anyone's request differently. Jabbour stated the City currently has several other requests to maintain other roads. Mayor Peterson, stated she contacted two previous owners who indicated the City had plowed the street periodically in the past, but did not maintain the road. She was told the reason they discontinued plowing service was because one resident on the street complained about the rocks being dislocated from plowing. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 PUBLIC VS.'PRIVATE - BRIAR STREET - CONT. Gerhardson explained the reason the road was once plowed in the past was because a homeowner requested it to be so to a part -time driver who was unaware of the situation.. Mayor Peterson stated' the City placed a sewer pipe in the- road without easements. Jabbour said the City could install sewer in the private streets also. Barrett explained that during the subdivision process a road is platted which says the road can be or is dedicated to the public. The City has taken the position that the developer will plat the road and maintain in the future. He opined tha't'all the private roads in the City are defined as outlots with the City obtaining underlying public easements. The road outlot remains under private ownership and maintenance. Jabbour asked the difference between this street and Oxford Road. Mabusth explained the private road appears as an outlot where this specific section of Briar Street is shown as a public road. The general public may not use a private road, but they may a public road. Goetten stated-they must be fair to all residents, and felt to do so, the City must adopt a new policy. Mayor Peterson asked why the public roads were not brought up to City standards during the reinstallation of the roads after the sewer project. Rich Kieman, 1212 Briar Street, noted the map distinguishes his road as a public road. He felt the Council should err in favor of the resident until the issue is resolved. He felt if the road is public and platted, the road should be plowed as are all other sub- standard City streets within the City. Mabusth noted the road is platted such that it loops through to South Brown Road but has not been developed. GAffron noted there are many different types of roads within the City, and noted there is no rational basis other than historical precedent that can explain which roads the City has maintained. 8 . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 PUBLIC VS. PRIVATE — BRIAR STREET — CONT. Moorse explained the City adopted a Comprehensive Plan in 1980 which addressed the issue. He said that policy should be reviewed and updated. Goetten suggested waiting until a full Council was available to make a decision on this issue. It was moved by Mayor Peterson, seconded by Jabbour, to approve the request by Rich Kieman, 1212 Briar Street, for the City to plow his public street,' and to direct City staff to review the public vs. private road issue within a certain timeframe. Mayor Peterson felt the City owes Mr. Kieman an answer. Jabbour asked Mayor Peterson if she would amend her motion deleting approval of the request by Kieman. Mayor Peterson said she would not. It was moved by Jabbour, seconded by Goetten, to table consideration of the request by Rich Kieman. Ayes 2, nays 1. Mayor Peterson voted nay. ( #12) -CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #8 It was moved by Mayor Peterson, seconded by Jabbour, to authorize Payment #8 for. C i ty Hall and Public Works Building in the-amount of $355,266.51, as listed in memo dated October 19, 1992. Ayes 3, nays 0. i� ( #13) VOICE & DATA CABLING CONTRACT AWARD Goetten asked if the cabling wouldµ allow for future networking in the Council chambers for television. Moorse said this contract does not cover that, but it has been planned for as much as possible. He added this contract includes the Police Department. It was moved by ' Jabbour, seconded by Goetten, to award the telephone and computer cabling contract to A.U.S. Communications in the amount of $15,315.00 plus applicable sales tax. Ayes 3, nays 0. 0 10) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ( #14) SIGNAGE FOR NEW CITY FACILITIES It was moved by Mayor Peterson, seconded by Jabbour, to select the wording for the signs at the new City fac i I i t i es as "Vi I I age Hal I " . Ayes 3, nays 0. ( * #14A) CITY ADMINISTRATOR'S ONE YEAR ANNIVERSARY SALARY ADJUSTMENT It was moved by Goetten, seconded by Jabbour, to approve the City Administrator, Ron Moorse, salary adjustment to Step 2, 1992 amount $58,498.00, and to provide a salary adjustment at the first of the year commensurate with the annual increase made to the salary range. Ayes 3, nays 0. ( * #15) LICENSES There were no licenses. ( * #16) BILLS It was moved by Goetten, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 3, nays 0. ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 9:30 p.m. to Executive Session. Ayes 4, nays 0. 10 ara A. Peterson, Mayor