HomeMy WebLinkAbout12-18-2000 Council Minutes•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
ROLL
The Orono City 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 City Staff were City Administrator Ron Moorse, City Attorney
Thomas Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator
Paul Weinberger, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor Jabbour called the meeting to order at 7:08 p.m.
CONSENT AGENDA
Jabbour moved, Kelley seconded, to hear Items #10 and #14 first. VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
( #10) ACCEPTANCE OF LAND DONATION FROM MR. H. WILLIAM LURTON —
RESOLUTION NO. 4591
Moorse stated William Lurton, an Orono resident, is graciously donating 38.6 acres of property
on the western shore of Lake Classen located at 3580 Wayzata Boulevard West. Lurton is
• donating the land to the City to enable it to be preserved as a natural passive environmental
park.
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4591, a
Resolution Accepting a Gift of Real Estate. VOTE: Ayes 5, Nays 0.
Mayor Jabbour stated he appreciates the occasions when Orono residents give of themselves,
and thanked Lurton on behalf of the City of Orono for his generous land donation, which is a
great asset to the school district and the City. Jabbour also acknowledged a recent similar
donation by Alan Carlson, and commented because of the generosity of Orono's residents, the
children and future residents of the City will be able to enjoy the natural environment.
Lurton noted a portion of the land will be acquired by Mn/DOT as right -of -way for the
Highway 12 upgrade project. Lurton indicated the proceeds from the sale of the property to
Mn/DOT will be used by the City to help maintain and improve the park.
Flint commented the City of Orono is dependent upon the donations of its residents to insure a
good park system, and thanked Lurton for his generous gift.
( #14) APPOINTMENT OF POLICE CHIEF
Moorse commented the City Council, following an extensive selection process, has determined
the top candidate for the Police Chief position is Stephany Good. Moorse indicated the City has
reached an employment agreement with Ms. Good, which will take effect February 15, 2001.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
( 414, Appointment of Police Chief, Continued)
Peterson moved, Kelley seconded, to appoint Stephany Good to the position of Police
Chief, and to authorize the City Administrator to sign the employment agreement which
sets out the terms of her employment with the City, effective February 15, 2001.
VOTE: Ayes 5, Nays 0.
Stephany Good commented the Orono Police Department has provided excellent service to this
community in the past, and she is looking forward to strengthening the relations between the
citizens of this City and the Police Department.
CONSENT AGENDA
Items 5, 8, 11, 12, and 13 were added to the Consent Agenda.
Peterson moved, Sansevere seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
Tom Mich, Superintendent, Orono School District, expressed the appreciation of the School
District regarding the land donation by Mr. Lutron, and thanked the City for its assistance in •
recent years, particularly in relation to the construction of the middle school.
Jim Murphy, Highway 12 Committee, gave a brief update to the City Council on the progress
being made on the final design plans for the new Highway 12 upgrade project. Murphy stated
Mn/DOT is making good progress on the final plans, with work already commenced on the
staking of the center line of the road.
Murphy noted representatives of Orono and Long Lake met with Mn/DOT on Friday and
discussed the amount of compensation to be given to the City of Long Lake for the loss of their
public facilities in connection with this project.
Flint inquired about the construction schedule for the project.
Murphy stated Mn/DOT is on the same schedule as before, with the contracts being let for the
work in the year 2002, and construction beginning in 2003.
RECOGNITION
( #2) RECOGNITION OF DESYL PETERSON
Mayor Jabbour, on behalf of the City of Orono, thanked Desyl Peterson for her contributions to
the Consolidation Committee. Jabbour stated in his view the information compiled by the
Consolidation Committee will continue to have a positive impact on the future of both cities.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
( #2 Recognition of Desyl Peterson, Continued)
Mayor Jabbour, on behalf of the Cities of Long Lake and Orono, presented a plaque to
Desyl Peterson in recognition of her contributions to the Consolidation Committee.
Desyl Peterson commented she has dedicated the majority of her career to public service, and was
glad to have the opportunity to serve her own community by being on the Consolidation
Committee. Peterson stated she would like to see the other members of the committee recognized
as well, noting the committee came together as a group over time and in her opinion made a good
decision regarding the merger.
ZONING ADMINISTRATOR'S REPORT
( 0) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH —
PRELIMINARY SUBDIVISION
Charles Van Eeckhout, Applicant, was present.
Weinberger stated City Staff has met with the Applicant to discuss a revision to the lot layout.
The revised plan would eliminate three lots, reducing the total number of lots to four. Two lots
would access off of Brown Road and two would access off of Apple Glen Road. Weinberger
stated Staff would prefer to send the revised plan back to the Planning Commission for their
• review and comment on January 18`h
Van Eeckhout stated he is attempting to reach a solution that is agreeable to all parties. Van
Eeckhout stated he would like the City Council to table the existing proposal to allow him time to
discuss the proposed change with all the appropriate parties involved, and if a consensus is
reached among the parties, the revision would be made to the plan.
Van Eeckhout stated the revision would consist of two lots being served off of Brown Road and
two lots off of Apple Glen. Van Eeckhout stated he would like to review the proposed change
with the residents of Apple Glen and the Long Lake City Council and Planning Commission, and
if a solution is reached, the plan would be revised accordingly.
Mayor Jabbour inquired whether the Applicant would like to get some input from the Orono City
Council regarding his application.
Van Eeckhout stated he would like the application to be reviewed by the other parties.
Mayor Jabbour stated he has spoken with some representatives of Long Lake, who indicated they
are not in favor of this proposal due to some stormwater issues that need to be addressed.
Van Eeckhout stated he will look at his options if no consensus is reached on the new proposal.
Mayor Jabbour inquired whether the 60 day time period would need to be extended on this
application.
• Van Eeckhout stated he has written a letter to the City of Orono detailing his intentions for this
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
•
( #2550 Charles Van Eeckhout, Continued)
development.
Moorse indicated this application has been going on for a considerable period of time, with the
review period having been extended a number of times. Moorse stated the Applicant's letter
indicates that he is willing not to exercise any rights he ma,.- have acquired regarding the 60 day
time period at this time. Moorse stated the Applicant's letter is not a formal extension of the 60
day time period but in his view a request to table the application to allow the Planning
Commission another opportunity to review his application.
Van Eeckhout stated in his opinion the 60 days has expired, but as his letter indicates, if he has
acquired any rights with regard to the 60 days, he is agreeable to not exercise those rights during
this process.
Kelley stated in his view the City Attorney needs to get involved in this matter in order to have
the proper paperwork signed by the Applicant.
Mayor Jabbour stated the City of Orono needs to have in writing an agreement by the Applicant
to extend the 60 day time period.
Van Eeckhout stated he agrees not to exercise any of his rights regarding the 60 days.
Mayor Jabbour inquired whether the Applicant would be willing to sign a letter indicating he is •
willing to extend the 60 day time period.
Van Eeckhout stated he has been instructed to not sign an extension letter.
Moorse indicated that early on in the application process the City received a general letter from
the Applicant giving the City an extension of time until the major issues were resolved. which
have not fully been resolved at this time. Moorse stated as the application process continued, as
each 60 day time period elapsed. the City requested the Applicant sign an extension letter, which
was done. In the middle of the process. one 60 day time period elapsed and an extension letter
was not signed by the Applicant. Moorse stated it is unclear whether the Applicant has gained
any rights from that failure to sign an extension letter.
Flint stated in his view there are two issues before them. One is whether the time period has
elapsed, and it is his understanding that the Applicant does not wish to give those rights up at this
time. The other issue is the ongoing period of time and whether or not there has in fact been a
waiver of the 60 day time period.
Van Eeckhout states his letter indicates he is willing to not exercise any rights he may have
acquired.
Flint stated in his opinion that is different from an actual extension of the 60 day time period, and
at the end of this process the Applicant may choose to exercise those rights that he may have
acquired. Flint stated in his view the letter should be amended to say that the Applicant does not •
waive any rights as of today. Flint stated that would preserve any rights the Applicant may have
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
•
( #2550 Charles Van Eeckhout, Continued)
acquired up to today's date, but does not necessarily give him any additional rights in the future.
Mayor Jabbour stated the City of Orono can continue to help facilitate this application with the
City of Long Lake or deny the application due to the unresolved issues.
Van Eeckhout requested that Council Member Flint read his letter that he has submitted to the
City. Van Eeckhout stated it is his opinion that the 60 day time period has expired. Van
Eeckhout commented he has been taking steps to address the unresolved issues relating to his
application, and he would like to proceed forward with the City of Long Lake.
Flint stated the letter could be amended to read, the foregoing is signed without prejudice to
any rights which may have accrued to the Applicant in the past.
Van Eeckhout stated that change is acceptable.
Mayor Jabbour requested the record reflect that Mr. Van Eeckhout is freely signing the change to
his letter. Jabbour encouraged the Applicant to speak with the adjoining property owners
regarding this application.
Kelley moved, Peterson seconded, to table Application #2550, Charles Van Eeckhout,
• 120 South Brown Road, to allow the Planning Commission an opportunity to review the
proposed revision. VOTE: Ayes 5, Nays 0.
( #4) #2645 BRENSHELL HOMES, 1181 WILDHURST TRAIL — FINAL PLAT
APPROVAL — RESOLUTION NO. 4587
Steve Behnke and Tom Stokes, Brenshell Homes, were present.
Weinberger stated the preliminary plat for this application was approved on October 9`h. The
approved preliminary plat consists of five lots, with one outlot that would be created for open
space.
Weinberger stated the following items still need to be completed:
1. Final street designs, sanitary sewer, grading and stormwater management facilities shall be
provided for approval by the City Engineer.
2. Final approval of the stormwater management plan by the MCWD. The Board deferred to
vote on the final plan until the City had made a determination whether an EAW would be
required.
3. Final covenants, easement documents and maintenance agreements shall be approved by the
City Attorney, including language within the maintenance agreements that would permit the
• City of Orono the ability to require maintenance and assess fees to the property owners within
Wildhurst Woods.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
#2645 Brenshell Homes, Continued)
4. Payment of Park Fees and Sewer Connection Fees.
�. Letter of credit in the amount of 150 percent of improvement fees shall be received by the
City subject to the execution of a Developer's Agreement between the developer and the
Citv.
6. Title Opinion shall be approved by the City Attorney.
7.
Weinberger stated the City Council could approve this application contingent upon approval by
the MCWD, which is expected to review this application this week. Weinberger reiterated the
City would have the right to require maintenance and assess fees to the property owners within
Wildhurst Woods under the maintenance agreements. Weinberger stated the City and the
Watershed District would need to approve any changes to the stormwater'Management plan.
Flint requested the language found on page seven relating to the homeowner's association being
res ponsible for the maintenance and/or repair of the NURP ponds be brought to the City
_ ,rtornev's attention to insure that is adequate language to cover the stormwater management
ponds.
•
Weinberger stated all documents must be reviewed and approved by the City Attorney prior to
the plat being released for filing. •
Flint inquired whether the retaining wall is included within the conservation area
XN'einberger stated the ponds and retaining wall are within the conservation area. Weinberger
stated a conservation easement has been placed over Lots 2 and 3 over those areas that are
below the 1014 contour, which would require that those areas remain natural. Weinberger stated
markers have been placed designating those places as conservation areas.
Behnke indicated the MCWD will be meeting Thursday night to give final approval to the plan,
noting they have.given preliminary approval previously.
Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4587,
a Resolution Approving the Plat of Wildhurst Woods, 1181 Wildhurst Trail.
VOTE: Ayes 5, Nays 0.
Stokes expressed his thanks to the Orono Cite Staff and Council for the professional manner in
which their application was handled.
'%LkYOR/COUNCIL REPORT
`layor Jabbour stated he met with the Hennepin County Public Works Department regarding the
Dakota Rail. Jabbour stated it is his understanding some legislation will be introduced in the near
future prohibiting the County from negotiating for the railroad line. Jabbour stated he will •
continue to work on this project.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
(Mayor /Council Report, Continued)
Jabbour stated he has recently read a memorandum from the City Planner of Minnetonka Beach
regarding their preliminary approval of their Comprehensive Plan. Jabbour stated they are
contemplating constructing cut -de -sacs on all through streets to Orono.
Sansevere inquired whether there have been any arrests in the Casco Point burglary.
Moorse stated to his knowledge there has not been.
Sansevere inquired what safeguards the City has in place to prevent the 60 day time period from
elapsing prior to being extended.
Moorse stated what happened in the Van Eeckhout application was that one extension letter was
not signed during the process, with City Staff inadvertently marking it as having been received.
Staff did not realize the extension letter was not signed until the next 60 day time period was
about to expire. Moorse stated the City does currently have a procedure in place to handle that.
Sansevere thanked Mayor Jabbour and Charles Kelley for their efforts and contributions to the
City of Orono during the time he has been on the City Council.
Kelley stated he would like to see all utility lines along Highway 12 buried if possible in
• connection with the proposed new senior housing facility.
Moorse indicated the Fire Department Building Committee has narrowed its list of possible sites
for the new fire station. Moorse stated the two sites are located on Willow Drive, with a
purchase agreement having been signed for Option C. Moorse stated he has met with the
property owners for Option A, who have indicated they are willing to work with the two cities
in determining the priority site.
Kelley stated the Committee would prefer Option B due to their concerns relating to the fire
trucks traveling over Glendale Drive over to Brown Road.
Moorse indicated once the land is acquired, they are looking at approximately two years before
the new fire station will be completed.
•
PUBLIC SERVICE DIRECTOR'S REPORT
*( 95) REQUEST FOR PAYMENT #1 — NAVARRE PARK IMPROVEMENTS
Peterson moved, Sansevere seconded, to approve a $35,000 budget adjustment to the 2000
Capital Improvement Budget for the Navarre Park Improvements Project, and to approve
Request for Payment #1, Navarre Park Improvements Project to Koolmo Construction,
Inc., in the amount of $75,904.53. VOTE: Ayes 5, Nays 0.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
CITY ADMINISTRATOR'S REPORT, CONTINUED
( #6) 2001 FEE SCHEDULE ADOPTION — ORDINANCE AND RESOLUTIONS
40
Gaffron indicated this item was tabled at the December I I 1 City Council meeting due to
questions relating to the Park Dedication fees. Gaffron stated the fee schedule Nvas revised to
include increases to the park dedication fees as well as increases in the golf course fees.
Gaffron stated the additional park properties the Cite hopes to acquire in the future have also been
identified in the Comprehensive Plan. Gaffron stated the Hennessey property near Saga Hill
should also be added to the Comprehensive Plan list of planned acquisitions.
Flint stated he did not want this item on the Consent Agenda because he wanted to insure the
appropriate changes were made. Flint commented the City may also want to look at what
Mn/DOT is planning to do in this area and perhaps adding that to the City's Comprehensive Plan.
McDermott stated the trail fees in the document are somewhat ambiguous since the City is not
sure what Mn/DOT will be doing.
Gaffron noted the Lurton property will also be added to the City's park list.
Kelley inquired regarding the sewer connection rates on Page 4, and suggested the construction
cost index be utilized for the increases in the upcoming year rather than the C.P.I.
Gaffron stated approximately three years ago City Staff, including the City's Finance Director. •
met to determine how best to assess these fees after the project has been completed and the
assessment period is over. Gaffron stated those recommendations have been incorporated into the
fee schedule. Gaffron stated Staff could look at making some adiustments to the fee schedule in
the future.
Kelley moved, Flint seconded, to approve and adopt RESOLUTION NO. 4488, a
Resolution Revising the Park Dedication Fees for Residential Lands, and to approve and
adopt RESOLUTION NO. 4489, a Resolution Revising the Park Dedication Fees for
Commercial /Industrial Lands, and to approve and adopt ORDINANCE NO. 200, Second
Series, an Ordinance Adopting the 2001 Fee Schedule and Repeating Ordinance No. 194,
Second Series; No. 195, Second Series; and 197, Second Series. VOTE: Ayes 5, Nays 0.
( #7) 2001 NON -UNION EMPLOYEE PAY ADJUSTMENTS AND INSURANCE
CONTRIBUTIONS — RESOLUTION NO. 4590
Kelley noted the total amount of the City's contribution to the cost of health insurance went up by
$40. Kelley inquired what the City's share of the total increase was.
Moorse stated the City picked up one -half of that increase.
Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4590,
a Resolution Approving the Pay Plan Adjustments for Non -Union City Employees for 2000,
which reflects a 3.25 percent adjustment to pay schedules and an increase in the City's •
insurance contribution to $410.00 per month. VOTE: Ayes 5, Nays 0.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
*( #8) LAND PURCHASE FROM ORONO SCHOOL DISTRICT
Peterson moved, Sansevere seconded, to approve a budget adjustment in the General Fund
budget to reflect the expenditure of $168,000 for the purchase of the six acre parcel from
the Orono School District. VOTE: Ayes 5, Nays 0.
( #9) BUDGET ADJUSTMENT FOR LAND PURCHASE — 340 WILLOW DRIVE
NORTH
Moorse stated this is a budget adjustment to reflect the expenditure of monies to acquire
the property at 340 Willow Drive North which will be used either for the future fire station or a
housing site.
Kelley inquired which fund the money would be coming from.
Moorse stated the money would come from the General Fund. Moorse stated all funds from the
Building Outlay Fund had been placed into the Community Investment Fund, and with the
purchase of two parcels of property utilizing funds from the General Fund, the City needs to be
careful about maintaining an adequate balance in the fund.
Kelley moved, Peterson seconded, to approve the budget adjustment in the General Fund
. to reflect the expenditure of $392,000 for the purchase of the property at 340 Willow Drive
North. VOTE: Ayes 5, Nays 0.
C�
*( #11) 1997 SEWER CONSTRUCTION FUND CLOSE OUT — RESOLUTION NO, 4592,
Peterson moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4592,
a Resolution to Close the 1997 Sewer Construction Fund to the 1997 Improvement Bond
Debt Service Fund. VOTE: Ayes 5, Nays 0.
*( #12) 1982 G.O. IMPROVEMENT BONDS DEBT SERVICE FUND CLOSE OUT —
RESOLUTION NO. 4593
Peterson moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4593, a
Resolution to Close the 1982 G.O. Improvement Bonds Debt Service Fund to the Water
Operating and Sewer Operating Enterprise Funds. VOTE: Ayes 5, Nays 0.
*( #13) CITY ADMINISTRATOR COMPENSATION ADJUSTMENTS
Peterson moved, Sansevere seconded, to approve the City Administrator's salary
adjustments as reflected in the City Administrator's December 15, 2000 memorandum.
VOTE: Ayes 5, Nays 0.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 18, 2000
CITY ATTORNEY'S REPORT
None
*( #15) LICENSES
Peterson moved, Sansevere seconded, to approve the following license:
On Sale 3.2 Beer
Orono Golf Course
265 Orono Orchard Road South
VOTE: Ayes 5, Nays 0.
*( #16) BILLS
Peterson moved, Sansevere seconded, to approve payment of the All Funds Account.
VOTE: Ayes 5, Nays 0.
ADJOURNMENT
Kelley moved, Peterson seconded, to adjourn the meeting at 8:44 p.m.
There being no further business to discuss, the meeting was adjourned at 8:44 p.m.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Barbara Peterson, Ma
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