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HomeMy WebLinkAbout02-08-1999 Council Minutes1 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8, 1999 • 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, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. Mayor Jabbour stated that Council must appoint an alternate to the Planning Commission because there will not be a quorum for the next Planning Commission meeting. Peterson moved, Flint seconded, a motion to amend the agenda by adding Item 11A, Appointment of Alternate to the Planning Commission. VOTE: Ayes 5, Nays 0. ( #1) RECOGNITION - POLICE CHIEF GARY CHESWICK - RESOLUTION NO. 4233 Moorse read a resolution recognizing Gary Cheswick for thirty years of service to the City of Orono Police Department. Kelley moved, Peterson seconded, to approve Resolution No. 4233, a Resolution • Recognizing Gary Cheswick for Thirty Years of Dedicated Service to the City of Orono on the Orono Police Department. VOTE: Ayes 5, Nays 0. 0 Mayor Jabbour presented Chief Cheswick a copy of the resolution. ( #2) CONSENT AGENDA Items 6, 7, 8, 9, 10 and 11 were added to the Consent Agenda. Peterson requested that Item 3 be removed from the Consent Agenda because she did not attend the January 25, 1999 meeting. Kelley moved, Peterson seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( #3) REGULAR MEETING OF JANUARY 25,1999 Kelley moved, Sansevere seconded, a motion to approve the Minutes of the Regular City Council meeting of January 25, 1999, as submitted. VOTE: Ayes 4, Nays 0. Peterson abstained. Page 1 U ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8, 1999 PARK COMMISSION COMMENTS - James White, Representative • White stated that at the last Park Commission meeting, Rick Meyers from Navarre presented a slide show that was very interesting. White said the Park Commission members are concerned about Saga Hill and the option to purchase additional land that runs out at the end of March. White complimented Greg Gappa on the condition of the ice rink. Jabbour said that the Council members are working on the ingress and egress to Saga Hill Park. He said the City is also working on the Eisinger property. The Council is also considering a piece of land that is owned by the school district. Jabbour said there was a meeting on February 5th to discuss the Dakota Rail. Kelley asked about the fund raising for Saga Hill. White said a representative from Saga Hill would address that issue. He said he is very excited about the possibility of a trail along the Dakota Rail track. Jabbour said the City will try to build the trail in a partnership with Hennepin Parks. Kelley asked if the Dakota trail could be connected to the Luce Line trail. . White responded that it is too far away. Flint asked about the ballparks that are planned around the school. White said there is not enough information from the school board about the ballparks yet. Jabbour said the City is also interested in that property for brush disposal. He doesn't want the City to have conflicting interests in the same piece of property. Rich Kiernan, President of the Orono Baseball Association, was present. He said there are conflicting ideas for using the parcel of land by the school. He said the Baseball Association was told to hold off making preliminary plans for any ball fields until the school is laid out because access would have to be through the school property. He has not seen the school plans. The Association would like to have a ball field on that site. 0 Page 2 IL ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 • LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative McMillan reviewed material concerning recent issues before the LMCD board. She said that 611 acres of milfoil were harvested in 1998. She said the harvesting machines are 10 years old and were refurbished in 1998 for approximately half the cost of one new machine. Gene Strommen is still involved with the milfoil program. Kelley questioned why some bays are not harvested. McMillan responded that harvesting is done in areas where there are navigation problems. Residents can also request that harvesting be done in certain areas. Jabbour asked if one of the harvesting machines will be equipped to spread non - toxic, organic chemicals. McMillan stated that one machine was equipped to see how it would perform. McMillan reviewed the 1998 Water Quality Testing. She said that Maxwell Bay has shown a consistent decline in water quality since 1995. This decline may be due to water entering Maxwell from the upstream Stubbs Bay, which has very poor water quality. She said this trend is of concern, since the same problems could occur in other high quality bays like Crystal, Spring Park, and West Upper Lake, which are downstream of poor water quality bays. • Jabbour stated that the residents need to be educated regarding best management practices. He said one problem with Stubbs Bay is that it is very shallow. McMillan talked about the way phosphorous affects the lake. She reviewed the Boat Density Survey. She is concerned about the accuracy of the count because the July 4th weekend was not included in the survey because of bad weather. A total of 15,360 boats were counted. Jabbour said he is also concerned about the accuracy of the survey because he does not believe the number of boats has declined. McMillan reviewed the zebra mussel ordinance that was approved by the LMCD. She stated she was not in favor of the ordinance because she did not feel it was workable, that it was a duplicate of state law and would be difficult to enforce. She discussed the damage that can be done to our lakes and rivers by the zebra mussel. McMillan also reviewed the LMCD Executive Director's Newsletter. PLANNING COMMISSION COMMENTS - Lili McMillan, Representative McMillan asked about the timetable for the City's Comprehensive Plan. • Jabbour stated that the Planning Commission will be responsible for the Comprehensive Plan with input from the City Council. Mike Gaffron is working on the Plan. Page 3 J ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 PUBLIC CONMIENTS • Steve Bell, 4455 West Branch Road, Orono, stated he represents the Saga Hill Preservation Society. He said the Society has the opportunity to secure more land adjacent to the existing park. He distributed a photograph of the area and a map showing the location of the land. He stated there is a broad base of support to acquire the land. Saga Hill Park consists of 23.7 acres and there is an opportunity to add 8.5 acres adjacent to the existing park land. The option to purchase the land expires on March 20, 1999. Once the option expires, the opportunity to preserve the land will be gone. He said that last year there was a proposal to develop the remaining 40 acres. The plan would have involved approximately 26 houses. The Saga Hill Preservation Society hired an engineering firm at its own expense to gauge the impact that this kind of development would have on the area. The conclusion was that there would be some significant issues with the environment involving runoff and erosion. Bell reviewed the funding that has been obtained. $100,000 has been obtained by the Saga Hill Preservation Society. There is a DNR grant of $75,000 that has been approved and $25,000 that has been pledged from other sources. The Society still needs $48,300 to purchase the land. If they cannot raise the $48,300, the DNR grant may no longer be available. Jabbour said it is his opinion that this matter should be placed on the next City Council meeting agenda to discuss access to Saga Hill Park and funding to purchase the additional land. 0 Flint asked if the fund raising efforts are continuing. Bell said the Society has exhausted all the available sources. Jabbour said he is very aware of the value of the land and he feels this is an important project. ZONING ADNIINISTRATOWS REPORT (#4) #2425 SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - FINAL PLAT APPROVAL, RESOLUTION NO. 4234 Moorse said that the applicant has submitted a revised site plan and there are three options for the Council to consider. It appears that Mn/DOT will approve a turnback. Staff recommends that if the Council approves the options, all of the conditions of the resolution must be met before the final plat can be filed. 0 Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 • (#4) #2425 SIDNEYAND BARBARA REBERS✓SERVICE 800, INC, 2190 WAYZATA BOULEVARD - Continued Gappa said that Service 800 would like to begin construction as soon as possible, but the preferred access options would not be approved by Mn/DOT for at least two to three months. Service 800 would like to begin construction using the existing right- in/right -out curb cut on a temporary basis. As soon as Mn/DOT approval can be obtained for one of the access options, they would construct a new access across from Brimhall per the revised site plan with parking against Highway 12 frontage rather than against the front of the building. Jabbour asked if the right - in/right -out would be used only during construction. Gappa said the right- in/right -out access would be used during construction and until the new access is completed. He said that Option 1 is a reconveyance of the triangle to Cliff Otten by Mn/DOT. Otten would then grant an easement over the triangle to the City of Orono. For this to happen, Otten must acquire the underlying fee title to the triangle from the Daniels heirs. Otten would have to complete acquisition of fee title from the Daniels heirs within a short timeframe (30 days). Kelley asked if the heirs could be contacted within 30 days. • Gappa said the heirs are local and they can be contacted. Jabbour asked if Otten has contacted the heirs. Often said he has not contacted them yet. Gappa said Option 2 is a turnback to the City of N1n/DOT's easement over the triangle. Mn/DOT has indicated that they would approve this option. He said that Option 3 is a fallback option where Service 800 would be prepared to build a driveway across Otten's property to the northwest corner of the Service 800 site. Although not preferred by staff nor Service 800 nor Otten, this option would be locked in if the tumback and reconveyance options fail to gain Mn/DOT approval. This option would require a letter of credit from the developer to cover the cost of the road. Kelley asked if Otten is willing to grant the easement for Option 3. Gappa said that is part of the road agreement between the City, the developer and Mr. Otten. Mr. Barrett has been working on the road agreement. Kelley asked who would own the triangle under Option 3. Gappa responded that Mn/DOT would own the triangle. • Jabbour asked why the City would have to be involved in the agreement. Page 5 ORONO CM COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 Barrett said that the road agreement is between the developer, Mr. Often and the City. The • City is requesting the agreement in order to open a temporary road. Sansevere asked if Option 3 is a worst -case scenario. Barrett said that all of the scenarios involve some reliance on the reasonableness and goodwill of Mn/DOT. Mn/DOT has not agreed to anything in writing. Sansevere asked if there is a fourth contingency. Barrett said he raised that issue, but that would involve the City of Orono condemning Mn/DOT's land and it would not be feasible. Sansevere asked if Option 1 is the most likely scenario. Gappa said staff is more confident in Option 2. Jabbour said he wants the driveway lined up with Brimhall. Kelley said he doesn't mind the abrupt right turn into the property, but he is concerned about future development of Lot 2 and an increase in traffic that would make egress from Service 800 difficult. He feels there should be an alternate access for Service 800 and more room for • stacking of vehicles. Kelley said he favors Option 2, but he wants to keep Option 3 available. Jabbour said he understands that staff is recommending all three options so that if Option 1 or 2 is not feasible, Option 3 would be the fallback option. Moorse said that if Option 1 or 2 is viable, then Option 3 will no longer be available. Kelley said there could be an agreement with Mr. Often that if Lot 2 is developed, he would be willing to review the location of the entrance to Service 800. Sansevere asked how many cars would be leaving the Service 800 property at one time and whether there would be a stacking problem from the developer's standpoint. Jean Mork Bredeson said there will only be 15 employees and there would probably be three vehicles leaving at one time. Kelley said he wants the Council to think about the development that may happen in 10 or 15 years- 0 Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8, 1999 • (#4) #2425 SIDNEY AND BARBARA REBERSMRVICE 800, INC, 2190 WAYZATA BOULEVARD - Continued Jabbour said Mr. Often probably wants a public road all the way to the rear of the property. Often said there is a similar situation between the Burger King and the bank. Sansevere said if Mr. Often is going to develop the property, it should be incumbent upon him to provide another access rather than having a contingency for Service 800. Rich Kieman of KM builders said that if that situation does arise and the applicant is experiencing problems getting in and out, they would be the ones asking the City to work something out to allow better access. The site is designed to enable an access farther to the north. Kelley said parking is often lacking in commercial development and he is concerned about the future. Jabbour asked how the Council would feel about abandoning the road portion of the City's easement and keeping the utility and conservation easement that goes to the back of the property. • Kelley said he would consider it after new Highway 12 is built. 0 Jabbour said the Council is on record opposing a road behind the property. Moorse said this is not the time to make a decision whether to give up the road right -of -way. Jabbour agreed with Moorse, but he said that Orono is mainly a residential community and he does not think it would be appropriate to have a major thorough -fare in Sugar Woods. Moorse said it may be possible to have a frontage road concept that is not located directly south of Sugar Woods until it gets west of Sugar Woods and there may be a frontage road in a different spot. He does not feel that the City should give up that option. Flint said he is not in favor of giving up the option of the frontage road. Barrett said there should be a description of a utility easement across the triangle should it become Mr. Otten's property. He asked if Mr. Often would agree to this. Often said he would want to vacate the existing easement for a new easement. Stephen Pflaum explained the location of the utility easement. Page-? ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 (#4) #2425 SIDNEYAND BARBARA REBER&SERVICE 800, ING, 2190 WAYZATA • BOULEVARD - Continued Moorse said that the water and sewer lines are in the triangle and that is where the City wants the easement. Barrett said there is an issue of the Long Lake signature. They have agreed informally to cooperate, but there needs to be a formal agreement. Jabbour said he feels Long Lake will cooperate. Pflaum said that the Long Lake City Council meets on March 4th and they will request Long Lake's approval at that meeting. Barrett said the Public Works Director recommended in Item 3, where Mr. Otten would grant an easement of 30 feet in width for the right -of -way to the back of the property, the document should also reflect a temporary construction easement of 44 feet. Mr. Otten agreed. Flint referred to paragraph 7 of the Road Agreement, the indemnification provision. He questioned whether the City should agree to that provision of the agreement. Barrett said he agreed that the City should be removed from an indemnification position on the agreement. Flint asked which alternative is the preferred option. Moorse said where the staff report says "preferred option", that is the applicant's preferred option. Either Option 1 or Option 2 creates the ability for Service 800 to have the type of access they want. Flint said that even pursuing Option 1 will lengthen the period of time in two regards. It requires Mr. Otten to contact the heirs of Mr. Daniels and Mn/DOT requires a long length of time. He said he favors Option 2 because it can be done in a shorter period of time. Moorse said that Mr. Otten would prefer Option 1. Pflaum said that Option 1 allows Mr. Otten to acquire fee title to the easement and ultimately enhances the value of his property. He said that the City doe's have a lot of what it would like without getting the development of parcel 2 right now. He said the access at Brimhall started because it appeared on a City drawing as to a long -term development of the area. By virtue of the discussions that have taken place regarding the development of the Brimhall access, any buyer of Lot 2 will be on notice of Orono's intention to have a road to the rear of the • Page 8 IL ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 • (#4) #2425 SIDNEY AND BARBARA REBER&SERVICE 800, ING, 2190 WAYZATA BOULEVARD Continued property. The action the Council takes now will not preclude requiring the road at a later time because a precedent has already been started. Kelley asked for Barrett's opinion. Barrett said the City takes a strong position regarding traffic patterns and ingress and egress when reviewing development proposals. Pflaum explained that the Service 800 site is designed for an access at the north end of the property. Sansevere asked if there is enough time to accomplish Options 1 and 2 before the building is finished. Moorse said the process of getting the access formally approved by Mn/DOT will take longer than construction of the building. Kieman said he had a conversation with Jim Kirchner of Mn/DOT. Once Mn/DOT receives the application for reconveyance or turnback, they would grant the applicant the ability to • start construction at that point. Jabbour feels the City is well protected regarding the issue of ingress and egress. Flint said he feels Service 800 should be a party to the road agreement. Mork Bredeson said that Service 800 is the lease holder and there is a letter of credit in place from Green Valley Associates. Flint said he knows that Green Valley owns the land, but the City has no way to know the relative economic values of each of the entities. Jabbour asked for the City Attorney's opinion. Barrett said there is no harm in adding Service 800 to the agreement. Jabbour asked if Mork Bredeson was willing to add Service 800 to the agreement . Mork Bredeson agreed. Moorse reviewed the deadlines that are stated in the Road Agreement. • Sansevere said he did not have a problem with the deadlines. Page 9 j 1 . ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8, 1999 (#4) #2425 SIDNEYAND BARBARA REBERS✓SERVICE 800, INC, 2190 WAYZATA • BOULEVARD - Continued Flint said the greatest risk to the City is that none of the options work out, the building is completed and the only access is the right- inhight -out that the City does not want to use. He does not want that to happen. Barrett said the only way to ensure that does not happen, is to have an Option 4. That would require the applicants to pay for a condemnation of an easement. Even that would not be certain, because there would be a conflict between two public bodies about what to do with the triangle. If Mn/DOT won't grant a permit to cross their easement with a private road, then the only way to get across the triangle is for the City of Orono to condemn it. Sansevere moved, Kelley seconded, a motion to approve Resolution No. 4234, a Resolution Approving the Plat of Sugar Woods 2nd Addition, File No. 2425, with the condition that the final plat may not be filed until the City Attorney has approved all the documents. VOTE: Ayes 5, Nays 0. (#5) #2443 GLEN UPTON, 3685 NORTH SHORE DRIVE - VARIANCE - DENIAL RESOLUTION NO. 4235 Peterson moved, Sansevere seconded, to approve Resolution No. 4235, a Resolution Denying After - The -Fact Variances per Municipal Zoning Code Sections 10.22, Subdivision 1(B) and 2; 10.56, Subdivision 16(L)(1); and Section 10.03, Subdivision 14 (C), File #2443. VOTE: Ayes 5, Nays 0. MAYOR AND COUNCIL REPORT Jabbour distributed information regarding a bill introduced by State Senator Dean Elton Johnson that would reconstruct Highway 12 as a four -lane divided highway between Delano and Wayzata. He met with the Highway 12 Design Review Committee on February 1 and they attended the Senate Transportation hearing regarding Highway 12. Jabbour said he, Michael Bash, Mayor of Long Lake, and Jim Murphy testified at the hearing and, as a result, Senator Johnson removed the bill and tabled it. He said that Senator Gen Olson was a great help. Flint complimented the Mayor on the way he handled this matter. Jabbour said the Council has met with the Saga Hills group and Mr. Palmer, the owner of the adjacent property. Mr. Palmer has been presented with two options for the use of portions of his property as access to the Saga Hill Park area. Jabbour requested that Mr. Moorse notify Mr. Palmer that this matter will be acted on at the next City Council meeting. Kelley said he met with the Maple Plain Fire Department. They are concerned about their service area after the Highway 12 redevelopment. They are concerned about funding and • Page 10 .% ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 • MAYOR AND COUNCIL REPORT - Continued being understaffed. Kelley said he raised the issue of combining fire departments the same way police departments have been combined. Kelley asked about the Highway 12 and County Road 6 interchange and whether it will be built to a standard that is appropriate. Moorse responded that the City's consulting engineer recommended a wider bridge. Staff will meet with Mn/DOT, Hennepin County and the City's engineer to talk about the design of the bridge. Jabbour said Mn/DOT's public hearing/open house regarding Highway 12 will be held on February 22, 1999. The deadline for the hearing is February 28, 1999. The City Council will hold a public hearing in March. ENGINEER REPORT ( *#6) APPROVE PLANS AND SPECIFICATIONS FOR ORONO ORCHARDS SANITARY SEWER PROJECT - RESOLUTION NO. 4236 Kelley moved, Peterson seconded, to approve Resolution No. 4236, a Resolution • Approving Plans and Specifications and Ordering Advertisement for Bids Orono Orchards Sanitary Sewer project. VOTE: Ayes 5, Nays 0. ( 47) APPROVE PLANS AND SPECIFICATIONS FOR HEAD SANITARY SEWER PROJECT - RESOLUTION NO. 4237 Kelley moved, Peterson seconded, to approve Resolution No. 4237, a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Head Sanitary Sewer Project. VOTE: Ayes 5, Nays 0. ( *#8) FINAL PAY REQUEST - BRACKETTS POINT/BAY RIDGE SANITARY SEWER PROJECT Kelley moved, Peterson seconded, to approve final request for payment, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $25,514.73. VOTE: Ayes 5, Nays 0. ( *#9) PAY REQUEST #4 - NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT Kelley moved, Peterson seconded, to approve Request for Payment #4, to Shank • Constructors, Brooklyn Park MN in the amount of $165,139.00. VOTE: Ayes 5, Nays 0. Page 11 1, . 0 .. ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 8,1999 CITY ADMINISTRATOR'S REPORT • ( * #10) REQUEST FOR CONVEYANCE OF TAX FORFEIT LAND - RESOLUTION NO. 4238 Kelley moved, Peterson seconded, to approve Resolution No. 4238, a Resolution Requesting Conveyance of Tax Forfeit Land for Public Use by the City of Orono. VOTE: Ayes 5, Nays 0. ( * #11) FLEXIBLE COMPENSATION PLAN - RESOLUTION NO. 4239 Kelley moved, Peterson seconded, to approve Resolution No. 4239, a Resolution Adopting the City of Orono Flexible Compensation Plan, and Authorizing the Mayor and City Administrator to sign the Flexible Compensation Plan Document. VOTE: Ayes 5, Nays 0. ( #11A) APPOINTMENT OF ALTERNATE TO PLANNING COMMISSION Moorse said the next Planning Commission meeting will be held on February 16 and they will be short of a quorum by two members. He recommended James White, Jeanne Maybusth and Maureen Bellows be appointed as alternates to the Planning Commission. Jabbour moved, Kelley seconded, a motion to appoint Jeanne Maybusth first alternate, • Maureen Bellows second alternate, and James White third alternate to the Planning Commission for two years. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett requested an executive session to discuss pending litigation. ( 412) LICENSES None ( * #13) BILLS Kelley moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. 0 Page 12 • ADJOURNMENT C� ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 9, 1999 Flint moved, Peterson seconded, to adjourn the meeting at 9:25 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabri Jabbour, Mayor Page 13