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HomeMy WebLinkAbout02-28-2000 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Barb Peterson and Bob Sansevere. Council Members Charles Kelley and Richard Flint were absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Wendy Bottenberg, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. 7:00 - PUBLIC HEARING - FOX RIDGE SANITARY SEWER PROJECT, 7:03 p.m. - 7:48 p.m. A. Order Preparation of Plans and Specifications - Resolution No. 4428 is Gappa indicated this is the second public hearing regarding the Fox Ridge Sanitary Sewer project because the service area is being expanded. Mayor Jabbour stated some of the residents in this area at the last public hearing had suggested that perhaps the City could contribute financially towards the cost of the trunk sewer pipe. Jabbour stated the City has no intention to put this project out for bids if the residents are not in favor of the project. An assessment hearing will be held to determine the final costs of the project once the bids have been received and accepted. Tom Kellogg, City Engineer, stated the original objective of this project was to service the Fox Ridge area, with the service area now being expanded to accommodate the residences along South Brown Road between Fox Ridge and Watertown Road. Kellogg stated a pressure system is being proposed, noting the cost is approximately one -half of a gravity system. Kellogg noted another neighborhood informational meeting was held to discuss the expanded service area with three residents in attendance. Kellogg stated the expanded service area could somewhat reduce the costs to each individual property owner. The total estimated project costs are approximately $190,000, with each individual property owner being responsible for approximately $21,000. Kellogg noted the $21,000 includes the cost for a grinder pump at $4500, which may be included in the assessment at the property owner's discretion. • Kellogg pointed out the Fox Ridge area is included in the MUSA area, with all of Long Lake being included in the MUSA area. Kellogg stated the City of Orono does have some additional sewer Page 1 • i, ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 • (Fox Ridge Sanitary Sewer Project, Continued) units available to handle the expanded project area. Gappa stated the total project cost will be divided by the total number of units involved in this project. Dave Phelps, 1950 Fox Ridge Road, expressed a concern that the residents who agree to this project at this time will be incurring the costs for any other individuals who may decide to hook up later. Mayor Jabbour indicated the City of Orono has considered that possibility in the past and has developed a policy that requires the affected property owners to be 100 percent assessed for the project. Jabbour stated the City reviews the area requesting the sewer or water hookup to determine whether any additional properties should also be included in the project area. City Staff has found two to five additional properties which could utilize this sewer line. Jabbour indicated the City is not able to bank the costs of installing the sewer line until the remaining properties, who presently have conforming systems, elect to hook up to City sewer, which could be many years down the road. Moorse indicated that many of these properties who are not contemplating hookup presently have conforming systems, with an alternative septic site available in the event their present system becomes non - conforming. Moorse stated some of these properties may not need to hook up to City sewer • for ten to fifteen years, if ever. Mayor Jabbour stated the City Council and City Staff has spent a significant amount of time negotiating to acquire additional MUSA units. Jabbour indicated the City has adopted a policy that the MUSA units should be made available to those properties who have non - compliant or failing systems. The City has decided that they will allow the residents to include the cost of the grinder pump in with the assessment against their property. Ray Hack, 1995 Fox Ridge Road, inquired what amount of time the property owners with the non - conforming systems have to hook up to City sewer. Hack stated he does not want to assume the costs for those properties who elect to hook up to this sewer line within the new two to three years. Mayor Jabbour stated the City requires non - conforming systems to be hooked up within seven years if they are located within 300 feet of the shoreline and ten years if not within the shoreland zone. Moorse stated City Staff has attempted to inform the residents in this area who have non - conforming systems that it would be to their benefit to hook up to City sewer now rather than later, noting that they are allowed to pay for their new system over a number of years rather than upfront. Mayor Jabbour noted the City has MUSA units available now, which may not be the case later on. Tom Barrett, City Attorney, stated the City can only assess a property owner the amount by which Page 2 • ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 (Fox Ridge Sanitary Sewer Project, Continued) their property value increases by the hookup. Barrett stated the City has elected to go with the residents requesting the hookup rather than requiring hookup, unless their system is failing. John Eiss, 15 Brown Road South, inquired what the costs would be two years from now for hookup. Mayor Jabbour stated they would be assessed whatever it costs for hookup. Moorse stated there is approximately a $20,000 connection charge, plus a cost of living charge. Eiss inquired where the $20,000 connection charge goes if a property owner hooks up in the future. Moorse stated the money goes into the sewer fund, which is used to fund sewer improvements throughout the City. Eiss inquired whether the costs for the stubs would be assessed against those property owners who choose to hook up later. Gappa stated the service stub costs will be included in the connection fee for properties that hook up later. Gappa stated the City will have stubs installed for each property to avoid the need to dig up the road in the future. • Mayor Jabbour stated the user fees and connection charges are also used to help maintain the lift stations throughout the City. • Doug Coleman, 140 Brown Road South, inquired whether the costs would be reduced if everyone in this area would hook up to City sewer at this time. Kellogg indicated the costs would be reduced with additional hookups, but he was not in a position to say what the magnitude of the reduction would be. Kellogg remarked that it would be unrealistic to expect all the properties to hook up to City sewer at this time due to the number of conforming systems in the area. Mayor Jabbour indicated the City Council will not proceed forward on this project if the residents are not in support of city sewer. The Fox Ridge residents indicated they were in support of the project. Kellogg commented construction probably will not commence until late summer, early fall of the year 2000. Kellogg stated an assessment hearing will need to be held prior to construction. Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 4428, a Resolution Ordering Preparation of Plans and Specifications for Fox Ridge and Brown Road South Areas Sanitary Sewer Improvements. VOTE: Ayes 3, Nays 0. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 CONSENT AGENDA • ( #2) APPROVE /AMEND Items 4, 5, 6, 8, 9, 10, 11, 14, 15, 16, 17, and 18 were added to the Consent Agenda. Peterson moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. Sansevere moved, Jabbour seconded, to add Item 7 to the Consent Agenda. VOTE: Ayes 2, Nays 0, Peterson Abstained. APPROVAL OF MINUTES *( #3) Regular Council Meeting of February 14, 2000 Peterson moved, Sansevere seconded, to approve the minutes of the Regular City Council Meeting of February 14, 2000, as submitted. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS - Irene Silber, Representative Silber stated she is in the process of completing the grant application for the Navarre Park, noting • they would like to get 50 percent of the improvement costs for the Navarre Park from this grant. Silber noted a public hearing has been scheduled for March 27 regarding the Navarre Park to gain the local residents' input on what they would like to see for this area. Sansevere inquired whether the Park Commission has gotten any public feedback on this park. Silber stated there has been some good feedback regarding the Navarre Park. Mayor Jabbour indicated the City is interested in establishing a TIF District in Navarre, which could perhaps help finance the park improvements. Jabbour extended his appreciation to Silber for her efforts on writing the grant. Jabbour commented the City is willing to support the Park Commission in attempting to obtain this grant from the DNR. Silber thanked the City Council for their support. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative McMillan stated a public hearing was held regarding the placement of buoys in the Big Island area of Lake Minnetonka to create a public safety access lane. McMillan noted the general public was opposed to the placement of buoys. McMillan stated in her view the general public is entitled to access • Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 • (LMCD, Continued) to this area, but placement of buoys would help address the safety concerns in the channel. McMillan noted the Task Force will continue to address this issue. Sansevere stated in his view some of the concerns expressed are very valid and should be addressed. Sansevere inquired whether the lane could be reduced to 20 feet, with access being limited to the water patrol. Mayor Jabbour commented the people in this area need to act logically and reasonably when navigating the channel. Jabbour stated in his view people will continue to swim to shore as well as swim in the safety lanes, which should be discouraged. Jabbour stated people need to have access to. those lanes. McMillan stated some consideration has been given to making the lane a dead -end to eliminate people crossing over. Mayor Jabbour pointed out people with jet skis will also utilize this lane. McMillan commented a large number of boats utilize this area every day of the week, with some measures needing to be taken to address the safety issues. • Mayor Jabbour stated in his opinion the LMCD needs to continue to support the local police force. E McMillan stated the LMCD will be appealing the special deputy case to the Supreme Court, noting it would be in the best interests of the LMCD if this case is overturned. Mayor Jabbour noted the special deputies consist of volunteers. Jabbour stated the special deputies are entitled to do citizen arrests. He indicated the lake area cities need to get involved to ensure adequate public safety staffing on the lake. Sansevere suggested approaching some of the local TV stations about this issue. Sansevere stated in his view there are some very serious safety issues that need to be addressed. McMillan commented that perhaps some additional ambassadors on the lake would be beneficial as well. McMillan stated one of the problems is the large territory that needs to be covered. Mayor Jabbour stated the City should take steps to promote personal responsibility as well as educate the residents on the proper way to use the lake and channel. Sansevere commented that unfortunately there are some people who use this lake who are not responsible in their actions and are causing problems for the others. McMillan stated the LMCD will continue to pursue both issues Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 PLANNING COMMISSION COMMENTS - Sandy Smith, Representative • Smith stated she had no comments but would be available for any questions the Council Members may have. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *( #4) #2400 MARK AND ARLETTE PLOEN, 4345/4365 NORTH SHORE DRIVE - CLASS I SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 4424 Peterson moved, Sansevere seconded, to approve Application 42400, Mark and Arlette Ploen, and adopt RESOLUTION NO. 4424, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 4345 and 4365 North Shore Drive; and Granting of Variances to Lot Width. VOTE: Ayes 3, Nays 0. *( 95) #2554 ANN AND GIL ANDERSON, 845 WILLOW DRIVE SOUTH - VARIANCE - RESOLUTION NO. 4425 • Peterson moved, Sansevere seconded, to approve Application 92554, Ann and Gil Anderson, 845 Willow Drive South, and adopt RESOLUTION NO. 4425, a Resolution Granting Variances to Allow the Construction of an 18' by 10' Master Bedroom Addition to the South Side of the Existing Residence. VOTE: Ayes 3, Nays 0. *( #6) #2558 ANTHONY AND LINDA PATTERSON, 1780 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 4426 Peterson moved, Sansevere seconded, to approve Application 42558, Anthony and Linda Patterson, 1780 Shadywood Road, and adopt RESOLUTION NO. 4426, a Resolution Granting Variances to Permit the Construction of a Second Story, Replacement of a Lakeside Deck, and Replacement of a Side Entrance to the Existing Residence. VOTE: Ayes 3, Nays 0. "( 97) #2561 FRANK AND BARBARA PETERSON, 1261 ARBOR STREET - VARIANCES - RESOLUTION NO. 4427 Sansevere moved, Jabbour seconded, to approve Application 42561, Frank and Barbara Peterson, 1261 Arbor Street, and adopt RESOLUTION NO. 4427, a Resolution Granting Variances to Permit Construction of a Two Stall Detached Garage. • VOTE: Ayes 2, Nays 0, Peterson Abstained. Page 6 • ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 MAYOR/COUNCIL REPORT *( #8) CENSUS 2000 PROCLAMATION Peterson moved, Sansevere seconded, to adopt the Census 2000 Proclamation. VOTE: Ayes 3, Nays 0. ENGINEER REPORT *( #9) BID AWARD - 2000 MATERIALS AND EQUIPMENT Peterson moved, Sansevere seconded, to approve and accept the low bids for the calendar year 2000, as outlined in Director of Public Services Gappa's Memorandum dated February 25, 2000. VOTE: Ayes 3, Nays 0. *( 910) REQUEST FOR PAYMENT #4 - ORONO ORCHARDS SANITARY SEWER Peterson moved, Sansevere seconded, to approve Request for Payment #4, Orono Orchards Sanitary Sewer Project to Widmer, Inc., in the amount of $19,902.50. VOTE: Ayes 3, Nays 0. *( #11) SCHEDULE PUBLIC HEARING FOR NAVARRE PARK IMPROVEMENTS GRANT Peterson moved, Sansevere seconded, to schedule a Public Hearing on the DNR Grant for Navarre Playground Improvements for March 27, 2000, at 7:00 P.M. VOTE: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT ( #12) WAYZATA MARINE, 3324 NORTH SHORE DRIVE - MARINA LICENSE Gary Briggs, President of Wayzata Marine, and David Briggs, Wayzata Marine, were present. Gaffron stated Gary Briggs is in the process of acquiring Lakeside Marina and is requesting approval of a 2000 Commercial Marina License to operate his business at this site. Wayzata Marine will continue many facets of Lakeside's past operation, including rental of in -water boat slips; sales of boats, motors, trailers and marine accessories; repair and servicing of boats; on land boat storage both summer and winter; and marine fiiel sales. • Gaffron stated this site is located in the B -2 Lakeshore Business District in which marina operation is the intended permitted use, which has existed at this site for the past 30 years. Gaffron noted the Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 • (Wayzata Marine, Continued) proposed use is not changing at this time. Gaffron stated the City Council is entitled under City Code to hold a public hearing on a marina license if Council deems it appropriate, but a hearing is not mandatory unless the Applicant requests one in the case of a revocation or denial. Staff feels there is no need for a public hearing on this application. City Staff is recommending the licensee adhere to the following Minimum Operation Standards: 1. Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on- street parking, and avoid pedestrian traffic through neighboring properties. 2. Boat engine testing and charging shall be limited to the hours of 8:00 a.m. to 6:00 p.m. 3. Retail sales and service shall be limited to the hours of 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4. The site shall be kept neat and orderly and free of garbage. 5. On -land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. 6. Parking and on -land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation shall also indicate seasonally variable uses. 7. Lights shall be shielded from the road, the lake, and adjacent properties. Gaffron noted Lakeside Marina has removed its old non - conforming underground gasoline tanks and had intended to replace them with an above - ground system during 1999. The new owner will need to proceed with replacement of the old tanks, which may result in the need for setback or hardcover variances. Gaffron stated the Applicant will also need to complete the fence that has been partially installed along the easterly border as well as to have boats parked five feet back from the fence to avoid any problems with debris being dumped in the area. Gaffron stated the addition of vegetative screening would also provide an added benefit to the neighbor. Gaffron stated the new owner has also been advised that use of the DNR landing to satisfy business operations will not be allowed. City Staff recommends approval of a 2000 Commercial Marina License to Wayzata Marine. Mayor Jabbour stated the City welcomes and encourages business ventures in Orono. Jabbour stated in his view this will be a major asset to the community, noting that Wayzata Marine provides • high - quality products. Page 8 U ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 (Wayzata Marine, Continued) Gary Briggs, Wayzata Marine, stated they are willing to continue to work with City Staff on complying with the required conditions as well as improving the property. Sansevere inquired whether they will offer boat slips to people who buy boats from Wayzata Marine. David Briggs stated they will not be displacing any boats at this time, noting the rates for boat storage may increase. Briggs stated they currently have a waiting list for boat slips. Gary Briggs stated they are looking forward to working with the City. Sansevere moved, Peterson seconded, to approve the issuance of a 2000 Commercial Marina License to Wayzata Marine for operation of a marina at 3324 North Shore Drive, subject to compliance with the seven 'Operation Standards'. VOTE: Ayes 3, Nays 0. ( #13) SHEVLIN DRIVE STOP SIGN REQUEST Moorse stated City Staff has reviewed the possibility of installing a stop sign at the Shevlin Drive/ Willow Drive intersection to address concerns regarding safety and the speed of traffic raised by is a local resident. The Police Chief and the City Engineer are both recommending against the three -way stop sign. The citizen has been contacted and told of the recommendations. Moorse stated the citizen has expressed some concerns regarding increased traffic and potential safety issues during the construction of the new Highway 12 corridor. Moorse stated City Staff will continue to monitor this situation. Sansevere inquired whether a temporary stop sign could be installed during construction. Moorse stated City Staff can review that option. Mayor Jabbour commented City Staff should keep an accounting of the costs involved in responding to a situation such as this. Gappa stated he has very little time involved in this matter. Kellogg stated his office spent approximately one hour reviewing the situation. *( #14) METRICOM RIGHT -OF -WAY AGREEMENT Peterson moved, Sansevere seconded, to approve the right -of -way agreement with Metricom, Inc., and to authorize the Mayor and City Administrator to sign the agreement. VOTE: Ayes 3, Nays 0. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 • "( #15) EXTENSION OF CONTRACT FOR PROPERTY ASSESSMENT SERVICES Peterson moved, Sansevere seconded, to approve the extension of the contract with the Hennepin County Assessor's Office for Property Assessment Services for a four -year period ending on July 31, 2004. VOTE: Ayes 3, Nays 0. "( #16) CDBG GRANT APPLICATION - RESOLUTION NO. 4429 Peterson moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4429, a Resolution Approving Submittal of a Request for Project Funding for the 2000 Urban Hennepin County Consolidated Pool Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and any Third Party Agreements. VOTE: Ayes 3, Nays 0. "( #17) AMENDMENT OF FEE SCHEDULE ORDINANCE TO REVISE THE 1989 WATER AND SEWER PROJECT CONNECTION CHARGES - ORDINANCE NO. 195, SECOND SERIES Peterson moved, Sansevere seconded, to approve and adopt ORDINANCE NO. 195, Second Series, an Ordinance Amending the 2000 Fee Schedule. VOTE: Ayes 3, Nays 0. • *( #18) REQUEST BY SCOTT THOMAS FOR A LETTER OF SUPPORT FOR HIS REAPPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS Peterson moved, Sansevere seconded, to authorize City Administrator Ron Moorse to Prepare a Letter of Support for the Reappointment of Scott Thomas to the Board of Managers of the Minnehaha Creek Watershed District. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT City Attorney Tom Barrett requested an executive session with the City Council. *( #19) LICENSES Peterson moved, Sansevere seconded, to approve the following licenses: Special Event Permit: Clyde Gates • Foot Race Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2000 • Wayzata Central Middle School to Luce Line and approximately 4 1/2 miles out and back April 8, 2000 8:30 a.m. - 10:30 a.m. • Cigarette License: James Anderst Jimmies Lounge 3380 ShorelineDrive "( #20) BILLS Peterson moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn the meeting at 8:52 p.m. VOTE: Ayes 3, Nays 0. There being no further business, the meeting was adjourned at 8:52 p.m. Gabriel abbour, Mayor ATTEST: Lmd�a S. Vee, City Clerk Page 11