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HomeMy WebLinkAbout05-08-2000 Council Minutesi ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Jabbour called the meeting to order at 7:12 p.m. Item 1 appears after item 2. CONSENT AGENDA 2. Approve /Amend Items 5, 6, 8, 9, 10, 11, 12, 13, 14, and 20 were added to the Consent Agenda. Kelley moved, and Flint seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. 1. Assessment Hearing — Webber Hills Sanitary Sewer Project 1A. Adopt Webber Hills Sanitary Sewer Assessment — Resolution No. 4495 Kellogg presented background information on the project. He stated there have been two informational meetings and a public hearing regarding the project. It was decided that the neighborhood would be served by a pressure system where each property would be served by it's own grinder system. The alignment of the system was chosen because of existing utilities and is subject to change. The project will be constructed within the City right of way. Each property will be provided a sewer stub similar to water main type service. Lawns, etc. will be restored to their existing condition. Flushing connections were located where the City can access and flush the lines. Construction time is weather dependent. Machinery will be minimally disruptive to the neighborhood. Wherever there is a service to the property, a hole will have to be dug. Pipe size ranges from 1 1/4 to 3 inches in diameter. Grinder pumps will have to be placed on each property. Gappa stated the proposed assessment for sewer hookup is $9,500 to get a sewer stub to the property line for each house. There is an option where the homeowner can get a • r O � � ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 IA. Adopt Webber Hills Sanitary Sewer Assessment — Resolution No. 4495 continued . check for $5000 to aid in the purchase and installation of the grinder pump, which would be included in the assessment making it a total of $14,500. Or the homeowner can just be assessed for $9,500 and get his own pump. The assessment is over a 15 year period. The assessment is at 8 %. The City had not sold bonds for the project yet. Last year bonds were sold and the assessment was at 6 1/4 %, with 8% being the maximum. There are 2 properties along Brown Road that have been added to the project. Their assessment will be $23,700. The addition of the properties did not increase the cost to Webber Hills homeowners. Mayor Jabbour stated that every homeowner is paying for his/her share of the expenses. The Council assumes they won't have any difficulty getting easements. Kellogg stated that is the assumption. If the City has to pay for easements, it will add to the total project cost. Mayor Jabbour stated the City won't pass that expense to other residents. If the project cost gets out of hand they will abandon it. He reminded everyone that the project was petitioned. He opened the public hearing. Dave Williams of 2055 Webber Hills Road Mr. Williams stated that a staff member said it's a daily battle to keep grinder pumps running and clear and has heard that the West Ferndale project has been changed from grinder pumps to a gravity sewer. Kellogg responded that the West Ferndale grinder pump cans were steel and they have been replaced with polyethylene tanks that will last longer. Williams stated he has a compliant and functioning mound system. He wondered what compensation he would get for hooking up to the sewer system. Mayor Jabbour stated he doesn't have to hookup. Williams replied he will have to pay $20,000 at some point when he refinances or sells the property. Mayor Jabbour stated that some people with functioning systems should not prevent the progress of the neighborhood. All the City can do for those people is allow them to hookup to the sewer when they need to. Williams stated he has received a paper that stated if he opts out there will be a cost of living increase each year. Mayor Jabbour stated that Council understands that there are some new homes or septic systems, so the City has a written policy to let homeowners postpone hookup until they need it. The cost of living increase is based on the construction index. So if you hookup later, you pay the cost of hookup in that year, and not the year when it was billed. Mayor Jabbour indicated the City's property taxpayers are financing the costs until the property - owners hookup to sewer. The cost of living increase simply enables the City to recoup these up -front financing costs. 2 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 • IA. Adopt Webber Hills Sanitary Sewer Assessment — Resolution No. 4495 continued Williams asked what the increase has run. Gappa replied costs have been going up 2 -3% per year. Williams asked if he could pay now and keep using his tanks. Gappa replied he could. The homeowner does not have to hookup to the sewer until his septic system becomes non - compliant. Bill Omera of 2000 Webber Hills Road Omera invested $10,000 in a septic system and was assured by the City Council that his son would be out of college before they considered a sewer for Webber Hills. His son is now in 7th grade. He came to the Council when his sewer was condemned 6 years ago and asked if they were considering sewer. He was assured they were not putting sewer in before he put in the mound system. He is willing to put in the sewage system, but asked to only pay interest on the septic system. Mayor Jabbour replied that is not possible because it is not fair to every other citizen. Omera asked if the City is accountable. Mayor Jabbour replied of course the City is accountable, but they were talking about a universal system that goes beyond the Council • and about setting a precedent for the years to come. He reminded Omera he doesn't have to hookup. Omera asked if he can determine where the stub will go on his property. Kellogg replied he can place it wherever he wants on his property line. Omera asked if he can pump effluent into the system with his existing pumps. Kellogg stated he didn't think that would be a problem, but he should consider maintenance issues for the property. Also, the City would want to make sure the tanks are sealed and have no leakage. Kelley stated a mound system restricts the number of rooms that can be added on to an existing structure. Also, a sewer frees up land on a lot so a pool or tennis court could be added. Omera asked Council to be more careful in future of what they tell citizens. He would not have spent $12,000 on a mound system if he had known sewer was coming to Webber Hills. He installed his system in 1994. Mayor Jabbour stated the City was petitioned to do the sewer and if the neighborhood did not want to go through with the project, the City could focus on a different project. He reminded Omera that he can opt out of it. Omera replied that when he moves he will have to buy the sewer system, so it only makes sense for him to buy the system now, 3 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 IA. Adopt Webber Hills Sanitary Sewer Assessment Resolution No. 4495 continued • even though he's $12,000 in the red because of the mound septic system. Kelley stated there is a majority of people who want the sewer. Peter Lytle of 2065 Webber Hills Road. Mr. Lytle stated there is a vast majority of people in the neighborhood who are interested in the sewer. He supports the decision and hopes the council votes positively on the grinder system. Sansevere asked when he started the petition. Lytle replied it was 2 years ago. Edwin Ritchie of 2180 Webber Hills Road. Mr. Ritchie stated that he is noncompliant and welcomes the sewer system. He asked for clarification on the cost of the system. Mayor Jabbour stated that the $9,500 is what the homeowner pays the City to have the pipe available to the property. The City is providing $5,000 on top of the $9,500 to help the homeowner get the pipe and pump. They are using the City's available bonding rate to get the homeowner financing on the $5,000 over the pipe. The total cost is $14,500, • with interest not to exceed 8 %. In addition, the homeowner has to hire a contractor to install the pump. Kellogg gave an example. For one property owner to buy a grinder pump it would cost $3,30043,500. In addition is the cost of installation, a yard or 2 of concrete poured around the base, the line from the sewer to the stub at the property line, and the line to the house. $5,000 covers the cost of grinder system, materials, and installation. Gappa stated the City provides a check to the property owner for $5,000 and he will be assessed $14,500. The property owner has the option to refuse the check and pay cash for the grinder system, then only be assessed $9,500. It's a finance vehicle through the City. Omera asked if anyone else can tap into the line. Mayor Jabbour replied they could, if the capacity were there. Omera asked if that would offset his hookup costs. Mayor Jabbour replied that his hookup fees don't offset costs to people who are already in the system. Barrett stated he didn't understand why one has to have hookup to sell a house. Ritchie responded that banks won't refinance a house if it doesn't have a hookup. Barrett stated that there is no legal obligation for a homeowner to proceed with hookup. • 4 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 IA. Adopt Webber Hills Sanitary Sewer Assessment Resolution IV& 4495 continued Kelley moved, and Sansevere seconded, to approve Resolution No. 4459 adopting the Webber Hills Area Sanitary Sewer Assessment Roll. Vote: Ayes 5, Nays 0. 1B. Award Contract for Webber Hills Sanitary Sewer Project — Resolution No. 4460 Kelley moved, and Peterson seconded, to approve Resolution No. 4460 awarding the contract for the Webber Hills Sanitary Sewer Project to Earth Burners, Inc., Duluth Minnesota in the amount of $215,120. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of April 24, 2000 Kelley moved, and Flint seconded, to approve the Minutes of the Regular Council • Meeting of April 24, 2000. Vote: Ayes 5, Nays 0. *4. Council Work Session of April 27, 2000 Kelley moved, and Flint seconded, to approve the Minutes of the Council Work Session of April 27, 2000. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —JAMES WHITE, REPRESENTATIVE White invited the Council to the Park Tour on June 5, 2000. Their progress in the parks is impressive. The DNR grant is possibly not surviving the bonding bill. The source of the grant money may not be funded. A Commission member has connected with Gen Olsen to see if the grant is in the funding. The clean up project at Casco Park is going well. A large pile of brush has been left in the parking lot for Gappa to chip up. It's looking better than it has in a long time. Mayor Jabbour stated that the Gale family is giving a large parcel of land to Hennepin Parks that is located in Minnetrista adjacent to the Dakota Line. 5 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 Park Commission Comments —James White Representative, continued 0 White stated that a naturalist from Hennepin Parks will come out to survey the Saga Hills Park at no cost to the City to identify the flora and fauna in the park, then give the City a list of everything living in the park. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT *5. #2513 Connie Piepho, 540 North Arm Drive — Variance — Resolution No. 4461 Kelley moved, and Flint seconded, to adopt Resolution No. 4461 granting a variance • to Municipal Zoning Code Section 10,56, Subdivision 16(C)(6). Vote: Ayes 5, Nays 0. *6. #2559 Gilbert Gehle, 1392 Baldur Park Road — Variances /CUP— Resolution No. 4462 Kelley moved, and Flint seconded, to adopt Resolution No. 4462 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivisions 16(J) and 16(L) and granting a Conditional Use Permit per Section 10.03 Subdivisions 19 -21. Vote: Ayes 5, Nays 0. 7. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Sit Plan Review Weinberger stated that Walfred properties was approved for the Commercial Site Plan Review at the last Council meeting. Since that meeting the project engineer and architect have not had time to finalize their plans. Staff is recommending that the item be continued until the next Council meeting. The applicant was not in attendance. The deadline for Council action on the project had been extended to June 15, 2000. 0 C� ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 7. 42567 Walfred Properties, 2380 Shadywood Road — Commercial Sit Plan Review, continued Kelly moved, and Peterson seconded, to continue the item until the Council meeting on May 22, 2000. Vote: Ayes 5, Nays 0. *8. #2570 George Stickney, 2590 Countryside Drive — Variances— Resolution No. 4463 Kelley moved, and Flint seconded, to adopt Resolution No. 4463 granting a variance to Municipal Zoning Code Section 10.03, Subdivision 14(D) and Section 10.03, Subdivision 15(E). Vote: Ayes 5, Nays 0. *9. X2572 Steve Morkrid, 2314 Shadywood Road — Variance — Resolution No. 4464 Kelley moved, and Flint seconded, to adopt Resolution No. 4464 granting variances to Municipal Zoning Codes Section 10.03, Subdivision 14(C) and Section 10.22, Subdivision 2 (B) and Section 10.25, Subdivision 6(B) and Section10.56, Subdivision 16(L)(2). Vote: Ayes 5, Nays 0. • *10. #2575 James and Jill Cornell, 2145 Watertown Road — Variance — Resolution No. 4465 Kelley moved, and Flint seconded, to adopt Resolution No. 4465 granting a variance to Municipal Zoning Code Section 10.28, Subdivision 5(B). Vote: Ayes 5, Nays 0. *11. #2577 Render Development, 1315, 1335, and 1355 Tonkawa Road and 3430 North Shore Drive —Final Plat of Tonkawa Shores 2nd Addition — Resolution No. 4466 Kelley moved, and Flint seconded, to adopt Resolution No. 4466 approving the final plat of Tonkawa Shores Second Addition. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour stated it had been an eventful week. The Consolidation meetings have been going very well and they will have a conclusion to bring to Council soon. Last week they talked to MN/DOT, two senators, and two representatives about keeping the Highway 12 project on schedule in terms of funding. They understand that if there is a VA ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 Mayor /Council Report, continued • bonding bill passed this year the project will retain its priority position. The Council and staff should remember that the majority of the City is on hold because of the capacity of Highway 12 and sewer availability. Kelley stated the issue facing the fire station committee is how much money MN/DOT will reimburse Long Lake for the construction of the new facility. If MN/DOT doesn't give more than the minimal replacement value, the residents of Orono will have to carry the burden of a large bill. Two million dollars from Orono might be a conservative estimation. Kelley stated they are not comfortable with the site selection and are trying to resolve .a disagreement. Kelley also stated that all sides agree that the fire station could never be next to the Orono City Hall. Mayor Jabbour stated for the record that the Council does not expect the fire station to be located near the Orono City Hall. ENGINEER REPORT *12. Request for Payment — County Road 6 Reconstruction Project Kelley moved, and Flint seconded to approve the Request for Payment of $216,450.74 to Hennepin County for the County Road 6 reconstruction project Right of Way acquisition costs. Vote: Ayes 5, Nays 0. *13. Request for Payment #1 —Head Property Sanitary Sewer Kelley moved, and Flint seconded, to approve the Request for Payment #1, Head Property Sanitary Sewer Project to Minncomm Inc. in the amount of $22,896.90. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT * 14. Amend Program for Deferment of Special Assessments for Persons 65 Years of Age or Older— Resolution No. 4467 Kelley moved, and Flint seconded, to adopt Resolution No. 4467 amending the Program for Deferment of Special Assessments for Persons 65 Years of Age or Older. Vote: Ayes 5, Nays 0. *15. Septic Code Update — Ordinance No. 199,2 "d Series • ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 • *15. Septic Code Update — Ordinance No. 199, 2nd Series Kelley moved, and Flint seconded, to adopt Ordinance No. 199, 2 "d Series, approving the modifications to the Orono Septic Code as proposed. Vote: Ayes 5, Nays 0. 16. Fleming Trail Addition — Revised Site Plan and Amended Covenants Moorse stated that staff have made three changes to the covenants: 1. to enable a 30 foot front yard setback, 2. to allow vehicular and pedestrian access onto Orono Oaks Drive, 3. to insure that the park, open space, and ponding areas are all permanently dedicated. Kelley asked how the Council could move on this without having an easement on Orono Oaks Drive because it is a private road. Mayor Jabbour stated they should pass a plan and then approach the homeowners and ask for their support. Kelley stated he can't support the movement without the homeowner's input. Kelley asked if the City has talked to any of the homeowners, and were they notified that it was going to be voted on. Mayor Jabbour stated they had talked to Jim Murphy, but did not notify him of the meeting. Kelley stated they do not have anything in writing from the homeowners stating they will let the City use the road, and don't know if the homeowners will fight the City on the issue. • Mayor Jabbour asked if the City has an easement on the road. Gaffron answered he did not know with certainty at this time; there was language in the Orono Oaks Covenants that potentially gives the Homeowners' Association approval over City use of the easement. Mayor Jabbour stated that if the City can't take the road over, they shouldn't fight the homeowners over it. • Mayor Jabbour stated they could give the City both options and then get the homeowners' input. Peterson stated the Council should make no decision, and talk to the homeowners. Flint suggested approving both plans A and B, then work it out with the homeowners. Everyone favors plan A, but nobody is willing to condemn the road. Flint moved, and Sansevere seconded, to approve plan A & B with the change of the covenants. Vote: Ayes 4, Nays 1 (Kelley). 17. Police Department Supervisory Structure Reorganization E ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 17. Police Department Supervisory Structure Reorganization, continued • Moorse explained that the Police Chief has recommended a reorganization of the supervisory structure of the Police Department that would eliminate the current 3 corporal assignments in favor of adding 2 sergeant positions. The sergeant's promotion process would begin immediately. Sansevere asked what the procedure for promotion would involve. Moorse stated it includes a written test, performance review, and interview. They hope to complete the process within a couple months. Sansevere stated he's reluctant to create new positions when they are hiring a new chief who might want a new structure. He asked if the new Chief would be required to keep the 3 Sergeants. Mayor Jabbour stated that no one comes in and immediately changes the structure of things, but that would be an option. Sansevere asked if the sergeants would lose their union protection. Moorse stated no one would lose their jobs because the City still needs that many sworn officers. Peterson asked about the outside firms helping with the reorganization. Moorse stated they'll talk to a couple of police departments and may invite a chief from a different department. to sit in on the interview panel of 3 -5 people with a couple of outside • sources. Candidates would probably be aware of the panel members, but the panel would probably not know the candidates. Flint stated he was impressed with Chief s presentation that the existing system wasn't working well and that they should go to a new system before the new Chief arrives because it would take the chief a couple of years to get settled and decide how he wants to reorganize. He felt the City should take steps to improve the situation now. Flint moved, and Peterson seconded, to approve the elimination of the police corporal positions effective May 15, 2000, to approve the creation of 2 additional police sergeant positions, and to authorize the City Administrator and Police Chief to initiate a police sergeant promotional testing process immediately. Vote: Ayes 5, Nays 0. 18. Respectful Workplace Training Sansevere stated that the cost of the training seemed excessive to him. He checked with some lawyers and the cost he found was far less than the proposed expenditure. Moorse stated that the training would be more extensive than a lawyer would provide. The cost will be approximately $50 per person per session. He stated that they went with the least expensive quote of the consultants they queried. 9 10 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 • 18. Respectful Workplace Training, continued Peterson moved, and Mayor Jabbour seconded, to approve the City's participation in respectful workplace training for all employees at a cost of $7,650.00, and to amend the General Fund budget to reflect the expenditure. Vote: Ayes 4, Nays 1 (Sansevere). 19. Declaration of Reimbursement Intent for Sewer Projects — Resolution No. 4468 Kelley moved, and Peterson seconded, to adopt Resolution No. 4468 declaring reimbursement intent for sewer projects. Vote: Ayes 5, Nays 0. x20. 1999 Budget Adjustments and Transfers Kelley moved, and Flint seconded, to approve the 1999 budget amendments for the General and Special Revenue Funds as presented; to be effective December 31, 1999; and that $37,000 of the Improvement and Equipment Capital Outlay Fund budget amended on 10/25/99, for the land management system project, be transferred to the 2000 Improvement and Equipment Outlay Budget; and that the Sewer Operating Fund temporarily transfer $62,000 to the 1997 Sewer Construction Fund. . Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. *21. LICENSES Kelley moved, and Flint seconded, to approve the following licenses. Vote: Ayes 5, Nays 0. Home Occupation License Design & Layout Services (Floor Plan Design of Coffee Shops) Tom Palm 1685 Concordia Street Wayzata, MN 55391 n 11 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 *21. Licenses, continued Temporary On Sale Liquor License 1. Minnetonka Center for the Arts 2240 North Shore Drive Wayzata, MN 55391 One day event to be held on May 17, 2000 22. Home Occupation License for 740 Orchard Park Road Steve Melco, the applicant, was present. Moorse explained that Melco is seeking to use his property for a tree service business. The City does not normally allow a home occupation that requires buildings and machinery that are not normally present at a residential property. Melco stated that he is only asking to park his vehicles at his home. Everything he does is off the property. He has spoken with his neighbors to the south and north ( Sansevere), and has not met any opposition. • Sansevere asked Melco if he has any employees. He responded he does not currently have employees and if he did, he could have them meet him at the job site. Mayor • Jabbour stated that the City does not want a lot of activity at the home, especially involving trucks, tractors, and early morning noise. Kelley stated he was not sure Melco needed a home occupation license if he only wants to park his work truck on the property. He asked how the Council should determine what kind of vehicle requires a license. Barrett asked Melco how his clients reach him. He replied by mobile phone. Barrett asked if he does paperwork from his home. Melco replied he has a PO Box for business mailings, but he does do paperwork in his home. Melco explained he has 2 work trucks and a car. He uses the car when he does estimates. He uses 1 truck on jobs and keeps the second as a backup. Both trucks are the size of Chevy Suburbans. Sansevere asked if the license is renewable every year. Moorse stated that there could be problems with potentially revoking a license a year later because of changes to the business. Mayor Jabbour stated the Council should grant a license based on the information Melco presented them. Barrett stated they can describe the conditions under which they granted the permit. If the business did not change, the Council would be obligated to renew the license, but not if it changes. LJ 12 ORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 • 22. Home Occupation License for 740 Orchard Park Road, continued Melco stated that he is intending to build a pole barn to house the trucks and some personal property. Kelley stated he would like to see all business equipment kept in the barn, there should never be any brush or other debris dumped in his yard, and firewood should only be kept for personal use. Sansevere moved, and Mayor Jabbour seconded, to approve the home occupation license for 740 Orchard Park Road. Flint stated that in signing the home occupation application, Melco stated that he would not have employees unless they live on the property with him. He questioned if Melco could run his business without the license. Mayor Jabbour asked if Melco's business activities are acceptable without a license. The Council agreed it was acceptable and that if the business grows and changes, then the Council will reconsider the license. Sansevere withdrew, and Peterson seconded, his motion to approve the home occupation license for 740 Orchard Park Road. Mayor Jabbour advised Melco he could run his business as he described it to the Council. • *23. BILLS Kelley moved, and Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 0 ADJOURNMENT The meeting was adjourned at 9:15 p.m. ATTEST: Linda S. Vee, City Clerk Gabri Jabbour, Mayo 13