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HomeMy WebLinkAbout10-28-1991 Council Minutes.f MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook, Chief of Police Stephen Sullivan and City Recorder Teri Naab. Mayor Peterson called Tthe'meeting to order at 7:.00 P.M. ( #1) CONSENT AGENDA Callahan removed Item #15. Butler noted one correction to the minutes of October 14th. On page 1, second to the bottom paragraph, a word is missing on the eighth line. It was moved by Butler, seconded by Jabbour, to approve the Consent Agenda, which includes the following items: approval of the minutes of the Council meeting of October 14, 1991 with the correction as noted; Final payment Highway 12 — sewer mains and water mains; Salary adjustment and change position title — Stephen Weckman; Resolution ordering report and feasibility study for Stubbs Bay sewer; Resolution receiving feasibility study and calling for a public hearing for Stubbs Bay sanitary sewer area; and the bills. 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 It was moved by Butler, seconded by Jabbour, to approve the minutes of the regular Orono Council meeting held on October 14, 1991 with one correction on page 1 to be amended as noted. Ayes 5, nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT JoEllen Hurr, representative, was present. She noted at the last Board meeting, three new Board Members were introduced from the following locations: Victoria, Tonka Bay and Wayzata. - -- -She explained they voted to raise fees in stages so more income will be collected from the lake users. The next meeting of the Board is scheduled for December. Jabbour pointed out that he is under the impression that the additional fees raised from the users will not directly impact the amount paid by the cities. Hurr noted that has not been voted on yet, but the recommendation to readjust city fees has been passed from the Committee to the Board, even though several on that Committee are not of that opinion. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 LAKE MINNETONKA CONSERVATION DISTRICT REPORT — CONT. Jabbour explained that the Council was under the impression the increase in fees to users would reduce the cities' fees. He noted that he was happy to see the Board has made accommodations for late fee adjustments. He also felt that perhaps a specific number of inspections should be provided to the marinas to be included in the fee charged, and inspections made beyond that should be charged back to the marina. He noted that marinas currently take approximately 80% of the LMCD's time and should be charged accordingly. Hurr agreed, and noted that currently there is no system to break down user related costs incurred, and they will be working on this in the future. Callahan brought up the property adjacent to Lakeside Marina. Hurr pointed out the City Administrator will be meeting with the DNR in the near future regarding this matter, and the LMCD will also be meet with the DNR. She noted that the property owner initially went to the DNR with the request. Mayor Peterson asked what the intentions are of the LMCD regarding this matter. Goetten explained that they intend to build a boat landing.. Gaffron noted that it would be necessary to rezone the property as it currently is residentially zoned. Hurr indicated that they may proceed with condemnation. She hoped the DNR would follow their own rules when considering development of this property. Callahan noted there would be no condemnation as they already own the property. Callahan asked about the Lake Minnetonka Management Plan. Hurr explained that it has gone on to the Metropolitan Council and a copy would be submitted to the City as soon as it became available. Barrett explained that he is preparing a memo which reviews the present ordinances and jurisdictions relating to the property mentioned above. He noted that he would supply Hurr with a copy. PUBLIC COMMENTS There were no comments from the public. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 ( #3) #1573 CAROL KELLY /JAMES MASSEY, 3020/3030 CASCO POINT ROAD FINAL SUBDIVISION — RESOLUTION There was no one present for this application. It was moved by Mayor Peterson, seconded by Jabbour, to table application #1573 for Carol Kelly and James Massey, requesting final plat approval until such time that the applicant can be present for this application. Ayes 5, nays 0. ( #4) #1608 JAMES HARTZELL 2987 CASCO POINT ROAD — VARIANCE — RESOLUTION #3032 Mrs. Hartzell was present for this application. Moorse explained this is a request for variances to the average setback and hardcover ordinances to construct a pool. Jabbour noted that he attended both meetings at which this application was presented, and explained that at first this proposal was very ambitious but the applicants reworked the plan at the request of the Commission, and it was then approved by the Planning Commission. Goetten asked what the applicants are stating as their hardship. Jabbour indicated that they own both adjacent properties, the driveway location, and the applicants have tried to reduce hardcover. It was moved by Butler, seconded by Callahan, to adopt Resolution #3032 for Application #1608 for James Hartzell at 2987 Casco Point Road, for average setback and hardcover variances to construct a pool. Ayes 5, nays 0. ( #5) #1626 ERIC WILSON /TIM TRAFF 2683 NORTH SHORE DRIVE VARIANCE REVISION•— RESOLUTION #3033 Eric Wilson was present for this application. Moorse explained the Council originally approved area and lot width variances for this property to allow construction of a new residence. The property since has been sold and the new owner is requesting a revision to that request, but not exceeding square footage encroachment approved for the Traff house. Butler noted that the request has been approved by the Planning Commission and the neighbors have no objections. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3033 for Application #1626 for Eric Wilson of 2683 North Shore Drive, requesting approval of a variance revision for construction of a new residence. Ayes 5, nays 0. 3 MINUTES OR THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 ( #6) #1693 ALBERT D. HANSER, 1685 FOX STREET MORATORIUM VARIANCE Meredith Howell and Mark Gronberg were present to represent the applicant. Moorse explained this is a request for a variance to the subdivision moratorium to permit subdivision of this property. Jabbour felt they should not allow this request because the Council currently does not know the outcome of the shoreland management regulations. Gronberg noted that it would only affect the setbacks from the shoreline to the proposed residences. Goetten felt this request should be denied and noted that Council hopes to have the regulations finalized by February /March of 1992. She felt that this application is a prime example of why the moratorium was adopted. Gronberg explained that they have used the strictest possible setbacks when determining lot configuration. Jabbour noted that those setbacks have not yet been determined and they are currently working on those setbacks. He noted that after the Committee comes up with the final proposal, the DNR must then approve the ordinance. He noted that by allowing the subdivision, it may create substandard lots and would be unfair to future buyers. Callahan advised that the Committee is currently going through the ordinance for the first time and has yet to determine future setbacks. He noted that the Council indicated they would review requests for variances to the moratorium, but would not necessarily approve all requests. Howell noted that their intention was not to be adversarial. She noted that their subdivision application and the adoption of the moratorium happened simultaneously. She had understood the Council's intentions that those who follow the most restrictive setbacks would be allowed a variance to the moratorium. She hoped that the Council would deal quickly with the proposed ordinance change so that the subdivision could proceed. It was moved by Jabbour, seconded by Mayor Peterson, to table Application #1693 for Albert D. Hauser of 1685 Fox Street, for a request for a variance to the subdivision moratorium. Ayes 5, nays 0. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1891 ( #7) #1694 DOUGLAS MERZ, 3195 WATERTOWN ROAD — VARIANCE — RESOLUTION #3034 Douglas Merz was present for this application. Moorse explained this is a request for a side /street setback variance to construct a two —story addition to the existing residence which encroaches the required setback. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3034, Application #1694 for Douglas Merz of 3195 Watertown Road, to allow construction of a two —story addition to the rear or south side of the current residence. Ayes 5, nays 0. ( #8) #1695 THOMAS AND ALICE STUCK AND JOAN M. BAUER9 4345/4365 NORTH SHORE DRIVE — MORATORIUM VARIANCE Thomas and Alice Stuck were present for this application. Moorse explained this is a request for a variance to the subdivision moratorium to allow a lot line rearrangement, that would place the Stucks' garage within their property boundaries, and would increase their property size. It was moved by Jabbour, seconded by Goetten, to conceptually approve a variance to the subdivision moratorium to allow the proposed lot line rearrangement for Application #1695, Thomas and Alice Stuck and John M. Bauer to proceed. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Jabbour noted that at the last meeting of the LMCD that he attended, he was adamant with them that they should try and make it more advantageous for those who abide by the ordinance to continue to do so. He felt that the late penalty fee should be raised from $100.00 to reflect length of time that payment is overdue. Jabbour noted that LMCD members were very critical of Orono's land management of the marinas within Orono. He stated that LMCD is currently spending 90% of their staff time on marina related issues. Jabbour reiterated that Orono is currently not issuing marina licenses, even though money has been collected for the licenses. He also reviewed that commercial activities are being allowed to continue on residentially zoned property, and advised that one such property next to Gayle's Marina has had an outstanding variance /sketch plan review since 1985, but has continued to conduct commercial operations - without approval. I N MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 289 1991 MAYOR /COUNCIL REPORT — CONT. Gaffron stated that this application is indeed outstanding. He noted it has gone through the Planning Commission review, at which time they requested a survey of the property which was never provided by the applicant. Since that time the property has been sold at least once, and has been vacant or rented. He advised that there has been boat storage on the property periodically. A letter will be sent this week asking the applicant once again to supply the City with a survey so the review can continue. He noted that the neighboring property owner has complained about the activities. Jabbour reported that the people that live near the subject property have always complained about the.activities allowed on the subject property. Goetten asked what the City has for recourse as far as the outstanding application is concerned. Gaffron explained this has been a sporadic problem in that the boat storage problem has mainly occurred when Dunn has been the owner. Callahan reluctantly brought up the issue of spot zoning for the property., Mabusth advised of an application which will be submitted which will request that three adjacent properties be rezoned from B -2 to LR— residential district, because as with the subject property, the adjacent three properties are all used as residential. She stated that the vacant residence at 3340 North Shore Drive has been bought by an adjoining neighbor, Mrs. Sprague, and she will be seeking approval of continued accessory use of that structure. Mabusth has advised Sprague that staff will recommend that the properties be rezoned to residential to eliminate the piece —meal, quasi — commercial use of the properties until a legitimate B -2 user can aqcuire all of the property. She noted this rezoning proposal would be similar to zoning of properties between North Shore Drive Marina and Lakeside Marina. Jabbour asked the Council to consider directing staff to look into this matter and noted Orono needs to approve all activities on a property as well as enforce ordinances. Gaffron noted that it is zoned B -2 with a historic residential use of the property, but the owner does have a right to store boats if the commercial site plan is approved. Callahan felt that perhaps the outstanding application should be reviewed by Council and perhaps be denied because the requested information was never submitted. Gaffron asked what should be done with the money collected for past marina licenses which were never issued. 59 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 289 1991 MAYOR /COUNCIL REPORT — CONT. Callahan explained that when a marina does not pay the required license fee, it is very expensive to make them pay, and our ordinances cannot be enforced in a practical way. Gaffron felt the Lake Use Committee should commit to look at licenses for the last couple of years. Jabbour felt that money collected for 1991 licenses should be refunded, and that.all marinas should be licensed for 1992. Gaffron noted that one marina did not pay the 1991 fee as they noted on the application to use the credit from the previous unissued license fee; and one marina paid the base fee but not the slip fee. Butler suggested that the money not be refunded but rather the City issue a credit for future licenses. Jabbour noted that still leaves the issue of the commercial use of the property. Gaffron stated that staff would be following up on this issue this week to eliminate the illegal use of the property. Callahan noted that since the Planning Commission has already reviewed the application, it should be brought directly to Council at their November 12th meeting. B) Mayor Peterson asked if any of the Council Members had questions regarding the AMM Legislative Policy and noted that comments should be submitted to her by November 7, 1991. C) Butler asked staff to look into construction of a shed at the Frommel property on Casco Point Road, which may being done without the benefit of a permit. ( * #9) FINAL PAYMENT HIGHWAY 12 — SEWER & WATER MAINS It was moved by Butler, seconded by Jabbour, to approve the fourth and final pay request for the Highway 12 sewer and water main project to Otten Brothers Nursery in the amount of $1,766.39. Ayes 5, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 ( #10) AUTHORIZATION TO INITIATE HIRING PROCESS FOR FULL TIME AND PART TIME POLICE OFFICERS Moorse explained this is a request to initiate a selection process for both full time and part time officers. He noted that the full time officer would fill the vacant lieutenant position, but as a patrol officer instead. He noted the part time officers would be used to allow more flexibility within the department and to minimize overtime costs. Mayor Peterson asked how many part time positions are being requested and when.the positions could expect to be filled. Sullivan noted that they would like to proceed with the hiring process as soon as possible, with full initiation by the first of the year. He stated that they would like authorization to hire up to four part time officers. Butler asked where one finds part time officers. Sullivan explained they could come from another department seeking full time employment, a retired officer, person employed full time elsewhere that wish to be a part time officer. Callahan asked Sullivan what is his overall plan for the department. Sullivan noted that he does have a goal that he is working towards,' but stated that he has to work within budget constraints. He noted that the current department is working under a bare —bones structure. He felt that a full time investigator is necessary. Sullivan also felt that it would be pre— mature to lay out an entire plan as he has only been with the department for two months. Callahan noted that he would like to see some sort of plan. Jabbour asked if the line item within the budget established for overtime could be converted-to be used for part time officers. Sullivan explained that it could partially be used, however he noted that in past years the department has exceeded overtime budget amounts and he is not sure there is even enough budgeted for the part time officers. He noted that overtime will never totally be eliminated because of the nature of the job. Jabbour felt that perhaps we should consider customized services for contract-cities. He directed Sullivan not to spend alot of time trying," to convince contract cities of the need for additional services. Sullivan agreed, but reiterated that an investigator is common!to any police department. MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 AUTHORIZATION TO INITIATE HIRING PROCESS FOR FULL TIME & PART TIME OFFICER — CONT. Moorse explained that they are currently trying to stay within the budget level and are not asking to add additional salaries, but rather reallocate dollars. Goetten asked that the Council be provided with the cost of these new positions, to give them a bottom line as far as the budget. It was moved by Callahan, seconded by Mayor Peterson, to authorize the initiation of the hiring process for a full time officer, and to authorize initiation of an eligibility list for part time officers to be authorized to hire at a later date. Ayes 5, nays 0. Mayor Peterson asked when they could expect the report requested, and asked that it be submitted for review at the next meeting. ( #13) REQUEST FROM THE NAVARRE BUSINESS & PROFESSIONAL COUNCIL REGARDING HOLIDAY DECORATIONS John O'Sullivan and Janet Symons were present to represent the business community. O'Sullivan noted that in recent years both Spring Park and Mound have added Christmas decorations and the Navarre business district has decided they would like to also purchase decorations. He noted that to date they have received committments of $4,000 for the purchase. O'Sullivan stated that they are asking the Council for assistance in initial installation of the brackets, seasonal installation and removal of the brackets, and storage of the decorations. Symons noted there would be 40 poles decorated and 4 angels to be located at the intersection of County Roads 15 and 19. Goetten asked what the cost of installation would be. Gerhardson noted that hasn't been determined yet, but he has one estimate for installation at $85 /hour. He.noted it would be best to contract for the labor as the Public Works Department is unequipped to do such a job. O'Sullivan noted that the business community has committed to all updates and repairs to the decorations. Goetten suggested the City check with surrounding communities to see how they have their decorations installed. Butler noted that she wished the sign said Orono instead of Navarre. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 26, 1091 HOLIDAY DECORATIONS — CONT. It was moved by Jabbour, seconded Butler, to instruct staff to assist the Navarre Business Community in installation and storage of Christmas decorations, and to obtain the lowest most reasonable bid.for installation not to exceed $1,000. Ayes 5, nays 0. Symons explained that there is a Shoreline Beautification Fund of which one —third 'of the money can be used if the parent City matches the dollar amount used. She noted that Orono's portion of the fund is $425:00. Butler noted they may consider this after they see what the installation cost is going to be. Jabbour directed staff to get the installation bid within the $600 range so as-to allow the additional $400 to be given to the business community to use for the purchase of the decorations. (##11) BID AWARD — CITY FACILITIES — SITE PREPARATION PARTIAL PUBLIC WORKS FACILITY Moorse introduced John Davies of Kraus Anderson. Davies submitted to the Council a bid tabulation for the Public Works' portion of the project. He noted it included overall grading of the site, foundation, purchase of the building, utility work, and masonry work. The remainder of the building would be bid at a later date. Davies explained the cover sheet as follows: the contract for the city hall and police department has not yet been bid so the dollar amount estimated by Boarman has been carried over. The public works construction was budgeted for $1,176,000, of which only a portion has been bid and the rest has been taken from an estimate by Kraus Anderson, which totals to $1,175,891. Unheated storage has yet to be bid. He noted that under site development, site utilities $15,000 has been estimated to complete stormwater drainage. Soil correction was budgeted for $160,000 and was bid at $202,000. He noted they received two bids, which indicates a bid spread. He noted that both excavators felt there were worse soils than anticipated. Davies noted that of the bid, $52,000 has been distributed to the Public Works building, the remainder is under the soil correction column. All other items on the sheet are just estimates at this point. Davies noted that they are overbudgeted just in the bids. He noted that from the initial budget, they are'$31,891 over. Jabbour asked what dollar amount they were to award at this time. Davies stated that if it were awarded as recommended it would total $713,133. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 28, 1991 BID AWARD — CITY FACILITIES — CONT. Davies noted that the four items listed at the bottom of the sheet are listed as add items and are not included in the numbers above, which include the retaining walls for the Public Works, the main culvert and weir, culverts under berms and the site fence for the Public Works building. He noted these items were included in the drawings but were not included in-the budget. Boarman explained that these items were added as they went through the design process or as the surveyor went through the approval process with the City Engineer. He noted that those items are thought of as being needed. Jabbour asked if the items could be eliminated by allowing the water to drain naturally. Boarman felt the retaining wall could be reworked, the culvert and the berm are the most realistic and the fence could be installed at a later date. He noted that the culvert and berm are functional items and should be addressed at this time. Davies felt that section #2 on the last page of the bid tabulation should be tabled at this time to allow review of the four additional items. Jabbour noted that the Design Committee did look at adding berms to the property. He noted there are members that feel that the Public Works building should be sheltered from everyone at' any cost. He felt the most important issue at this time is to make sure that all items approved are functional and necessary. Callahan asked if the retaining walls supplied inside storage for the Public Works Department. Gerhardson noted the retaining walls are used for the storage of materials that require a wall to push the bucket against in the loading of such materials. Callahan reiterated that' with the inclusion of the four additional items, we are over budget by $100,000 and felt it was a bad start. Boarman noted that items should not be approved until they fit into the budget. Davies noted that one bidder supplied the bid later or beyond closing time, which happens to be the low bid. Barrett noted that approval should be subject to submittal of the attorney's opinion, to follow the next day. It was moved by Butler, seconded by Jabbour, to approve Kraus Anderson's recommended bid award for Items #1, 3, 4, 5 and 6 of Page 4 of the bid tabulation submitted. Ayes 5, nays 0. 11 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 289 1991 BID AWARD — CITY FACILITIES — CONT. Boarman noted that the soil conditions were always the biggest question regarding this property. (##15) ARCHITECT CONTRACT AMENDMENT Callahan asked why the architect's contract included furniture, fixtures, and equipment. Boarman noted that his contract is now a fixed sum which includes those items. He stated that is typically how it is done, and noted that the City needs someone to coordinate the purchase of all furniture at the lowest price. He stated that it is also his job to bring Council and the Design Committee to a concensus on all purchases. It was moved by Callahan, seconded by Jabbour, to accept the contract amendment for Jack Baorman and Associates. Ayes 5, nays 0. ( #12) CONSTRUCTION MANAGER CONTRACT Moorse reported that the contract language has almost been finalized and the final draft will be submitted to Council at a later date. He noted that Tom Sacket of Kraus Anderson has indicatedt that since they have started work without a contract, he would like a letter from the Council expressing their intent to hire Kraus Anderson. Jabbour noted that the Council has already voted to hire Kraus Anderson. Callahan suggested that language from Section 15, 16 and 17 of the memo of October 23rd be included within the letter to Kraus Anderson. It was moved by Callahan, seconded by Jabbour, to authorize the hiring of Kraus Anderson for the city facilities project, with the inclusion of language as noted in the memo dated October 23, 1991 by the City Administrator. Ayes 5, nays 0. (##14) MINNEHAHA CREEK WATERSHED DISTRICT — CLEAN WATER PARTNERSHIP GRANT APPLICATION — RESOLUTION ##3035 Paul Nelson of James Montgomery Engineering and Woody Love, Vice Chair of the District, were present. Moorse explained that the Minnehaha Creek Watershed District is applying for a grant to improve water quality of Long Lake. Nelson explained they have conducted a two year study on water quality of Long Lake. They are asking for a 50% grant and are requesting Orono to be a co— sponsor to implement the proposed plan. He noted they are asking for Orono's participation in the public informational area. 12 n MINUTES OF THE REGULAR ORONO COUNCIL MEETING —'OCTOBER 28, 1991 MCWD — GRANT APPLICATION — CONT. Jabbour asked how many meetings they would have to attend. Nelson noted there would be 6 per year public informational meetings held over a 5 year period. He noted that a single person would not have to be named at this time, just agreement to participate with the project. It was moved by Jabbour, seconded by Council, to authorize submittal of a clean water partnership grant application for Long Lake, and to agree to participate with the public informational meetings, and to adopt the Resolution #3035 as submitted. Ayes 5, nays 0. Moorse asked who the other participants would be. Nelson noted they are asking for help from the' DNR, •City, of,_ Medina and Hennepin Conservation District. Goetten asked why they chose Long Lake. Love explained that it was the worst lake in the area as far as quality, and they felt there were factors which could be changed that were causing the problems. Nelson stated they hoped to start this project in the spring of 1992. Callahan felt this is one example of how the Watershed is becoming more involved and felt that a representative of the City should become more familiar with their operation. ( * #16) SALARY ADJUSTMENT & CHANGE POSITION TITLE.— x STEPHEN WECKMAN It was moved by Butler, seconded by Jabbour, to change Stephen Weckman's title to Manager of the Sewage Treatment Program or On— site Septic Manager, and to increase his salary to Level 6, Step 2, at an hourly rate of $12.509 to be effective as of September 1, 1992 with a salary review in July, 1992. Ayes 5, nays 0. ( * #17) RESOLUTION #3036 — ORDERING REPORT & FEASIBILITY STUDY FOR STUBBS BAY SEWER It was moved by Butler, seconded by Jabbour, to adopt Resolution #3036 ordering a feasibility report for the Stubbs Bay sewer area. Ayes 5, nays 0. ( * #18) RESOLUTION #3037 — RECEIVING FEASIBILITY STUDY & CALLING FOR A PUBLIC HEARING FOR STUBBS BAY SANITARY SEWER AREA It was moved by Butler, seconded by Jabbour, to adopt Resolution #3037 accepting the feasibility study and calling for a public hearing on Wednesday, November 20, 1991 at 7:00 p.m. for the Stubbs Bay Area Sanitary Sewer. Ayes 5, nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL'MEETING — OCTOBER 281 1891 ( *##20) BILLS It..was moved by Butler, seconded by Jabbour, to approve payment of the All Funds. Account. Ayes 5, nays 0. ADJOURNMENT It was moved by•Jabbour, seconded by Mayor Peterson, to adjourn the regular meeting-of the Council at 9:30 p.m. Barbara A. Peterson, Mayor AT71E{ST,•. 14 n.