HomeMy WebLinkAbout01-12-1998 Council Minutest
. ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12, 1998
ROLL
The Council met on the above mentioned date with the following members present: Mayor
Gabriel Jabbour, Council Members J. Diann Goetten, Barbara Peterson, and Richard Flint.
Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City
Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planning Intern Brad
Bressler, Public Services Director Greg Gappa, City Engineers Glenn Cook and Tom Kellogg,
and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 6:31 p.m.
( #1) FERNDALE ROAD NORTH IMPROVEMENT PROJECT - PUBLIC HEARING
6:31 -8:20 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Jabbour explained the proposed project is an answer to a request for maintenance of North
Ferndale Road by the residents. A portion of the right -of -way was annexed from the City of
Wayzata in order to enable the City of Orono to use MSA funding for the project. The
• assumption had originally been for resurfacing of the roadway but the set of plans developed and
reviewed recently, the Council feels is over ambitious. Council would like to hear the input of
the residents to aid in their decision regarding the road improvements.
Jabbour asked to hear the alternatives presented by Staff and then allow for resident input. He
noted that there are differences in philosophy between the Cities of Orono and Plymouth which
may affect the outcome of the project.
Gappa introduced Ron Quanbeck, City of Plymouth staff member, and Terry Schwalbe, City of
Wayzata staff member. The draft feasibility study was conducted by Bonestroo Engineering for
a conceptual 36' wide roadway with center turn lane. Since that time, discussions have ensued
resulting in alternative options. City Engineer Tom Kellogg presented the alternatives.
Kellogg reported that the report is a draft copy only in the comment stage. He indicated that
alternate #1 calls for a 36' wide road with two travel lanes and a center turn lane. The trail would
be built on the Plymouth side of the road with a boulevard area at an 8' width. This alternate
pushes traffic to the outside lanes. There would be no disruption for through traffic. Kellogg
was asked whether the three lanes would be at the intersections only. Kellogg said yes. He
noted it would require 2' of extra width to have 3 lanes all along the roadway. Kellogg said the
benefit to this option is safer left turns.
Nancy Berg, 745 North Ferndale Road, Orono, asked how wide is the staking currently in place.
is She was informed that it is 36' from curb to curb.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #1 Ferndale Road North Road Improvement - Continued)
Flint asked about the cost of repaving only. Kellogg said the cost would be about $250,000-
$300,000 to reclaim the existing surface with an additional base and paving. This would not
allow for any trail or improvements made to drainage, which are two of the goals of the project.
Mr. Scanlon, 755 North Ferndale Road, asked where the drainage problems exist. He indicated
he lives near Edgeview Drive and has never noticed any problems noting the ditches along the
way. Kellogg said a sub - surface moisture problem is evident by the condition of the surface.
Scanlon noted a road bed problem on Hwy 101. Kellogg said a good base helps but would not
enable drainage to flow away from the road. The sub - surface drainage needs to be pulled away
from the road.
Scanlon noted there were 33 power poles and feeder lines which would have to be moved in
order to accommodate a bike path. He asked who would pay the cost. Jabbour said the City of
Plymouth would pay for it. Ron Quanbeck of the City of Plymouth said if the power company
deems movement of the poles is necessary, they may also contribute to the cost. Kellogg did not
know if the poles would have to be moved as it is currently staked at 36'.
• Scanlon, indicating the boulevard width of 4' and 8' for the bike path, asked what excavation
would occur to the east and west for the road bed. Kellogg said it would depend on the existing
grades. He indicated a portion of the hill would have to be removed. Scanlon said if the bank
was graded, it would cause problems at 755 Ferndale with grading occurring near front doors of
some homes, especially on the west side. Kellogg said this was preliminary data only and
retaining walls were an option. Scanlon indicated problems that arise with maintenance of
retaining walls. Kellogg said there should be no problems with walls less than 4' and some
terracing would probably be necessary.
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Bill Westbrook, 139 Chevy Chase, asked what the speed limit would be for the road. Jabbour
said the speed limit will be reduced to 30 mph, which usually is the opposite of what occurs
when speed limits are questioned. Westbrook felt Alternate #2 was unsafe and is concerned with
a wider width promoting speeding on the road.
Donna Hanson, 100 Edgeview Drive, Wayzata, said she did not know of any safety issues related
to turning traffic in the 15 years she has lived here. She says she has never stopped for a turning
vehicle and drives the road about 10 times a day. She feels safety would be affected by increased
speeds if a turn lane was added.
Jabbour reported that it is Staff s responsibility to provide all solutions and to perform due
diligence.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12, 1998
( #1 Ferndale Road North Road Improvement - Continued)
Jabbour acknowledged the presence of Council Member Chris Morrison from the City of
Wayzata.
Diane Flatz, 795 Ferndale Road N., Orono, asked if there was any history of accidents occurring
on Ferndale Road. Kellogg said he has no figures available. He said they review the number of
vehicles driving the road daily (3500 currently) and look at the number of homes that access off
of the road, along with design standards. Flatz felt more traffic would be drawn to the roadway if
it was widened.
Edwin Phelps, 211 Northgate Road, asked why anything would be done to the road if the history
of accidents is unknown. Jabbour informed Phelps that road improvements are being considered
because it was requested by the residents. He noted all would agree that the road in its current
condition is unacceptable. A member of the audience said the road was unacceptable due to its
surface condition.
Jim Ogland, 525 Ferndale Road North, said he is concerned with safety from increased traffic.
He says major trees will be lost affecting both the character and screening of the neighborhood.
Ogland is in favor of a narrow roadway. is
Laura Clapp, 475 North Ferndale Road, felt it was an excellent idea to improve the road. She
indicated most residents are not interested in a 36' wide road but the majority would like to have
a trail. She noted there were many bikers using the road, which is extremely dangerous. Clapp
asked what recommendation the Council was making. Jabbour said the Council has not yet
determined that, noting the alternates were developed after a recent work session. Gappa
confirmed that.
Jabbour said the Council was asked to fix the potholes on the road and felt the road could be
resurfaced. Staff had indicated the road was deteriorating due to the base conditions and needed
to perform a more permanent solution by moving drainage away from the road to prevent
heaving. Jabbour said the City of Plymouth has a plan for a trail. Staff came in with a
recommendation that Council agrees is over - ambitious and costly. He said saving trees is of
major importance to the City.
Nancy Berg acknowledged the safety issues on the road indicating the danger in walking along it.
Berg said the edge of the road is broken down requiring people to move to the center of the road.
She supports the addition of a trail especially in light of the Luce Line being nearby. Berg said
she has come close to hitting a pedestrian many times in evening hours. She does not believe the
road should be widened, however, feeling it would increase speeds.
Drainage was noted to be an important issue. An audience member indicated water ponds in the •
center of the road on N. Ferndale on the north side of Chevy Chase throwing cars over to the
side.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #1 Ferndale Road North Road Improvement - Continued)
Peggy Ogland, 525 Ferndale, indicated she would not use the trail if it is used by bikers as speeds
are too fast, but she would like to see the trail built.
Jabbour asked if the trail is an issue for Orono and if any decisions made by Orono would affect
the trail. Kellogg said, while Orono may make suggestions regarding the trail, it is a Plymouth
decision as they are paying for it.
A gentleman in the audience indicated that the road condition has deteriorated from the use by
bus traffic and heavy equipment. He said the road is a major arterial road between CoRd 6 and
old Hwy 12. He felt a good base is important and felt all of the residents want to see
improvements made with no increase in width.
Phil Hanson, 100 Edgeview, Wayzata, referenced the resident survey taken of 266 residents. He
said only two options were outlined in the survey, 24' versus 36' wide. The survey showed the
residents desire a narrow road. Hanson asked if the City has any discretion regarding where the
mid point of the road is located. He asked where the mid point is in relation to the right of way
and whether it is affected by the trail.
• Kellogg reported that the road is currently staked for a 36' wide road. The hardcover (including
trail and road) is centered based on the center of the right of way resulting in the center being 4'
to the west of the right -of -way center due to the trail. This is consistent the first 1000 meters of
the road length and then shifts at the top of the hill, where it is reduced 1' (causing a 3' shift to the
Plymouth side). This shift is due to tree preservation and topography issues. Kellogg said minor
changes can be made. Jabbour asked where the boundary point between the two cities is located.
The center line as it lays today (mid -point of the 66' right of way) is the boundary.
Hanson asked if the width of the boulevard is set at 4'. Kellogg said it was not noting the width
came from Plymouth staff and looked at as a minimum. Hanson asked if consideration has been
given to reducing the 4' width. Kellogg said it can be considered. Cook indicated he spoke with
Plymouth staff regarding a road shift. He indicated a lineal alignment could occur.
Jabbour reported that the project is estimated at $1.5 million dollars; Orono's portion at about
$750,000. Orono will be borrowing future funds from the MSA funding, which the City receives
$255,000 a year. He reported that in order to qualify for the state aid, the road must be built to
minimum standards (28' width). The City then needs to decide what is done within that 28'
width, along with the trail needs. If a narrower road width was decided upon to be built without
State aid funds, it would require an assessment to the residents. North Ferndale Road qualifies
for MSA funding as it is a city road located between two county roads. He noted that resurfacing
• the road only can be discussed as well.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #1 Ferndale Road North Road Improvement - Continued)
Flatz, 795 Ferndale Road N., asked how the conceptual changes were developed from the 28'
width. Kellogg said the changes begin at the center of the right -of -way and reviewed in its
current configuration with the need to align with the bridge and CoRd 6. The 4' offset was
determined, staked, and adjustments are then made.
Phelps asked if there were maps existing showing North Ferndale between Hwy 12 and 6th
Avenue North that would show the old and new configurations. Kellogg said the preliminary
maps show the old and new on the drawings in an overlay fashion. Jabbour noted that the
drawings are based on Alternate #1.
Jim Ogland asked if the trail was eliminated, whether the road would be skewed back to center.
Kellogg said that would be considered.
Ogland asked where the storm sewer was located. Kellogg said it is located throughout the road
on both sides. Catch basins are located in low points with drainage running to the Plymouth
side.
Donna Hanson asked how much additional land would be disturbed from building the road. •
Kellogg said the construction limits are based on a 36' wide road. Actual determinations would
be made once an agreement is made on what option is followed. While the disruption is
generally within the right -of -way, indications are further disruptions will be made outside the
right -of -way in same areas. Kellogg said the plans do not show retaining walls but there are
plans to include such walls which will reduce the amount of disruption. Jabbour was informed
that a worst case scenario for disruption with no retaining walls would be an additional 25 -30'
beyond the 66' right -of -way of the 36' width roadway and dependent on elevations and
topography.
Ann Caswell, 120 Chevy Chase, Orono, said she has lived here 25 years. She reported that the
bus traffic is hard on the road. She feels a trail is necessary but does not want a wider road.
Bill Westbrook asked about long term maintenance. He was informed that a larger share of the
road portion is to the Orono side but maintenance will be requested at a 50150 split between the
cities with trail maintenance by Plymouth. Jabbour said the road should last 20 years if built
correctly.
Mr. Winthrop, 125 Chevy Chase, asked what affect would occur to the grade where Chevy Chase
runs uphill from Ferndale. Kellogg said the plans calls to match in with existing grade within the
right -of -way. A cut would be made and restoration performed with some raising and lowering of
the road in areas. Kellogg said the entry at Chevy Chase would match into existing streets and .
may affect 30' into Chevy Chase. Winthrop reported that the existing grade is dangerous in the
winter months. He was informed that a road section would be presented for residents to review.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #1 Ferndale Road North Road Improvement - Continued)
Lee Fredrickson, 245 North Ferndale, asked how far the path would extend to the south. Kellogg
said the trail would extend to the Luce Line and CoRd 6. Fredrickson said he would like to see
the trail go to Wayzata Boulevard. Jabbour suggested he take the matter up with the Wayzata
City Council.
Phil Hanson asked about drainage on Edgeview Drive South to the Luce Line. He questioned
whether the drainage would increase with the Luce Line being a barrier. Kellogg said the
drainage would not increase. Hardcover would increase which would affect runoff slightly.
There will be a manhole structure with piping leading water away from the area. Kellogg said he
has received a memo from the DNR about drainage problems in the area, which will be
reviewed. A possible culvert may be erected under the Luce Line during construction. The
basins will catch runoff from the streets but distribution of the drainage will remain about the
same.
Chloe Ackman, Northgate Road, asked why bikes and people are shown on two sides of the road
in the drawings. Kellogg said the drawings are based on information provided by the City of
Plymouth. There will be a bike /pedestrian trail but experienced bikers will likely use the road.
• Bikes are shown riding on the street for illustration purposes only. Ackman asked why the stakes
aren't at 28'. Kellogg said the 36' is the proposed design from the face of the curb to the face of
the curb, and staking is from back of curb for informing the residents where it may fall. Once the
Council makes a determination on the width, the stakes can be changed.
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Jabbour asked if it was reasonable to assume that the center line would be in the middle of the
right -of -way if the road is reduced 8' to 28'. Kellogg said he would have to review tree locations
and cuts. He said the distance may be closer in areas to the middle of the right -of -way. If the
trail was eliminated, the road would move closer to the Plymouth side. Jabbour said the trail
itself is not skewing the road. Kellogg said that is correct as the alignment is at the center of the
right -of -way.
Flint indicated that the previous public hearing held during the summer mentioned burying
power lines. He noted this was not being addressed and asked if it was feasible. Kellogg said
there would be a cost involved. Flint suggested following up on this idea. If the utility company
wants their lines buried, they would share a burden of the cost; otherwise, the city would have to
pay for such an expense. Gappa reported that higher voltage lines cannot be buried. He felt
burying lines would be cost prohibitive. Jabbour reported that the gauge size would also have to
increase. Jabbour asked that the cost of burying the lines be provided.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
40
( #1 Ferndale Road North Road Improvement - Continued)
Nancy Berg asked about funding for, a road less than 28' in width. Jabbour said a narrower road
would have to be assessed. He also reported that the two cities have to agree on the road design.
Gappa noted that the new annual budget allows only $100,000 for maintenance of all roads.
Jabbour indicated there is the option of repaving only at a cost of $200,000 4300,000.
A gentleman in the audience asked how long the road construction would take. Kellogg said the
construction would take about two months depending on weather conditions.
Donna Hanson asked if there was a reason why the staking stopped on the east side of the Luce
Line. She indicated the road is not staked in front of her home. Kellogg noted that between Hwy
12 and the Luce Line, the road is offset to the Orono side with the east edge pulled inward.
There are paints marks along the roadway indicating the proposed road location but recent
snowfall has covered it.
Chloe Ackman was informed that MSA criteria would be used for building the road at a 28'
width. Flint indicated that repaving the road does not qualify for MSA funding.
Goetten said discussions have been held for many years regarding road improvements to North •
Ferndale. She feels it should be reconstructed and a narrower width considered. She would like
the road work to be done correctly and last for a longer time period. Residents informed her of
the need for a bike path. She is not in favor of the 36' width. Goetten feels questions needs to be
addressed with the City of Plymouth.
Peterson noted that the speed limit is proposed to be reduced from 40 mph to 30 mph. The
citizen survey reflected a 35 mph speed. Kellogg said a 35 mph speed was discussed at the
design meeting but due to the design of the road, the speed will be at 30 mph, regardless of the
road width.
Flint said he agreed with eliminating the 36' wide possibility. He indicated, between a 28' and
32' width, a concern for increased traffic with a 32' wide road. However, he is concerned if the
road is built at 28', the road may be inadequate. Kellogg indicated, based on comments received,
with bikers using the road, the 32' width would accomplish the needs of the residents. Jabbour
asked why the road would be used for bikers and joggers if the trail was built. Kellogg said it is
based off of the comments received.
Goetten said she assumed a 28' wide road would eliminate the path. Gappa said there would be
two 12' wide lanes with 4' on the outside of the road for bikers due to the Park Commission
members indicating that high speed bikers would not use the trail. The trail would only be
placed on one side of the road. Flint indicated that bike trails are generally 8' wide. The
proposal would include a 4' lane on the road for fast bicyclists and an 8' off -road trail. S
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
(#1 Ferndale Road North Road Improvement - Continued)
Question was asked why a 30' road was not being considered.
Platz noted that the road is currently 24'. Jabbour said that road width is without the traveled
shoulder. The shoulder will become blacktopped.
Ogland noted the use of the road by bike clubs and buses traveling at a fast speed.
Donna Hanson asked if the fast bicyclists use the 4' shoulder on the road, whether the trail could
be less than 8' wide. Flint indicated that all trails should be at least 8' wide in order to pass going
two directions. He noted that Hennepin Parks recommends 10' widths. It was also noted that a
boulevard less than 4' wide would make it difficult for grass to grow. A large swath of asphalt
would be dangerous for children if they veered towards the road. Jabbour said it would also be
difficult to maintain a narrower path with the equipment used. The matter of the trail will be
considered by the City of Plymouth.
Mike Kelly, 233 Northgate Road, asked if there would be another public forum to receive public
comments before final Council recommendation and financing is made. Jabbour said it is
• Council's policy that meetings are informal and open to the public for their comments. He noted
the need to have a good understanding before further drawings are made of the design. Jabbour
said drawings will not be committed to without a decision made on the road. Kelly noted there
were other options between the 28' and 36' widths. Jabbour said the Council needs to hear the
opinion of the City of Plymouth. He said an assumption also has to be made that not everyone
will be satisfied with the design and easements may be difficult to obtain.
Phelps asked how long it will be until the working drawings are made. Kellogg said the time is
drawing closer. The design has to be determined and time allowed for the State to review the
plans. The plans were scheduled for review in January with working drawings by March and
start of construction at the end of May or early June. Changes would affect this time schedule.
Peter Welles informed residents that North Brown Road is at a 28' width with a separated trail.
He suggested people review that road.
Jabbour said the Councils will be making decisions and working with engineering of one
proposal.
Hanson was informed that the City of Plymouth has not yet scheduled a public hearing.
Jabbour asked Ron Quanbeck of Plymouth about assessing properties. Quanbeck said properties
. with direct access to the road would be assessed. Jabbour asked City staff to review that
procedure.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
•
( 41 Ferndale Road North Road Improvement - Continued)
Jabbour closed the public hearing.
Jabbour asked for information on the cost of repaving and the life term of such maintenance.
Goetten asked for information on accidents. Moorse said the City's records for the past year
show no accidents on this section of Ferndale, except at the intersection of Ferndale Road and
County Road 6. Gappa has ordered accident reports from the State.
Jabbour asked that information be provided on both the 28' and 32' wide road designs and
repaving the existing road with constructions costs at the next Council meeting. Jabbour asked
Quanbeck to brief the City of Plymouth on the information provided at this meeting.
Moorse asked about installing the bike path at the same time as road construction. Jabbour noted
a reclaimed/resurfaced road would have a 10 year life. Cook noted the cost would be without the
bike path. Jabbour indicated that Orono was not considering a path. Flint agreed. Welles said
the bike trails were being revised but did not believe such a path was included. Gappa said the
assumption was made that the bike trail would be on the Plymouth side of the road. Goetten
indicated that people were not asking for it but would hope it would be considered if the road •
was upgraded. Flint said it would be expensive to build on the Orono side with the need for
drainage ditches and going onto private property or by the use of curb and gutter.
Jabbour asked if the asphalt can be expanded and striped. He was informed that it was possible
but would be difficult. Jabbour asked that costs be developed for this possibility. Welles noted
that it might not meet standards. Jabbour noted the need to keep all of the costs and
improvements in perspective to the City budget.
Gappa indicated that the traffic usage also needs to be considered. He feels this road is a logical
place to use State aid. Gappa said Ferndale Road is one of the city's higher traveled roadways.
Jabbour asked that Staff identify all State aid roads. He also asked for an accounting of aid with
the improvements to CoRd 6 and CoRd 15. Gappa indicated that CoRd 6 was budgeted for
$600,000. With Ferndale Road, the budget would be at $30,000 to the negative. Moorse noted
that this is assuming that the City is borrowing $500,000 from that fund and paying it back over
two years. Jabbour said that results in the actual accounting of being $530,000 to the negative.
(A ten minute recess was held.)
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( * #2) CONSENT AGENDA
Items #7 and 8 were added to the Consent Agenda. Item # 18 was removed.
Peterson moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
( * #3) REGULAR MEETING OF DECEMBER 8,1997
Peterson moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting
of December 8, 1997. Vote: Ayes 4, Nays 0.
( * #4) SPECIAL MEETING OF JANUARY 6,1998
Peterson moved, Goetten seconded, to approve the Minutes of the Special City Council Meeting
of January 6, 1998. Vote: Ayes 4, Nays 0.
• PARK COMMISSION COMMENTS
Peter Welles reported that the Park Commission is near to completing their work on the 5 and 10
year capital improvement plans for presentation to Council. The open space plan and bike route
plan are in final revision stage. The open space plan is focusing on buffering zones and open
space. The bike trail plan is identifying corridors and linkage with trails in other communities
and separated into three categories: 1) separated trails, 2) bike routes for consideration if roads
are improved in the future, and 3) popular biking corridors, such as Fox Street. This category
contains roads which carry heavy bike traffic and are being considered for signage and speed
limitations.
Welles reported that plans are being developed for the golf course winter activities to include a
future ice rink in addition to sledding. The Commission is considering the possibility of either
enlarging the northern pond by flooding it during the winter. They are analyzing the possibility
of turf damage. Another consideration is adding a small addition to the pump house and lighting.
Goetten asked if cross country skiing has been discontinued at the golf course. Welles said it has
due to people walking on the trails. He noted that the DNR has discontinued their grooming of
the Luce Line. Flint noted the skiing activity at the golf course was discontinued due to the
volunteers deciding they did not want to continue organizing the activity.
Jabbour asked if consideration has been given to using Lake Minnetonka for cross country
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skiing. Welles noted that Long Lake has been utilized for skiing.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
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(Park Commission Comments - Continued)
Welles asked the Council to consider a replacement for David Beal as soon as possible. Jabbour
reported that past applicants are being considered.
PLANNING COMMISSION COMMENTS
Sandra Smith had no comments at this time.
PUBLIC COMMENTS
There were no public comments.
ZONING ADMINISTRATOR'S REPORT
( #5) #2275 TED AND MYRNA WOLF, 900 WILLOW DRIVE NORTH - CLASS II
FINAL SUBDIVISION - RESOLUTION NO. 4017
The applicant was represented by Mike Hilbelink.
Bressler reported that the applicant proposes the division of the parcel into two lots, front and •
back, with access to the back lot provided via an outlot. The developer has met the requirements
for final plat approval as stated in the approved resolution for preliminary plat approval. A
concern relates to a bike trail along the east side of Willow Drive in the Shadowood Subdivision
to the north. An agreement was made in 1990 for a trail within the 10' utility easement abutting
Willow Drive and Sixth Avenue North of that subdivision. Bressler noted that the park
dedication fee has been paid.
Jabbour noted that the resolution does not reflect a trail. Flint said the issue was being raised
whether consideration should be given to continuing the trail on the Wolf property. Barrett was
informed by Bressler that the utility easement is in place on the Wolf property but an agreement
would be required for the bike trail. Jabbour asked if the owner would be asked to construct the
bike path within the utility easement. He was informed by Bressler that this would be the case.
Mike Hilbelink said this was the first occasion where he has heard of this issue. He indicated the
property owner was out of town. He questioned whether the City has compensated for such trails
in the past. Flint informed him that in some cases that has occurred but in others, it has not, such
as Shadowood, where many concessions were made.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #5 - #2275 Ted and Myrna Wolf - Continued)
Jabbour said he felt the City should pay for such an easement through credit of the park
dedication fee or direct payment. Jabbour said the question was one of value of that property; if
the utility easement exists and no additional requirements are necessary and the land is already
designated for an easement, does it add any more value to enable this use to occur. Jabbour said
the applicant needs to place a value on it and the City determine whether or not they agree with
the value.
Jabbour asked whether the City desires a trail in this location.
Flint said the trail was part of the over -all trail plan for Willow Road. He believed it makes sense
to continue the trail across the Wolf property once a value has been determined.
Goetten informed Flint that while she appreciated his comments, she questioned why this issue
was only being brought forward now. Jabbour also questioned whether a delay would add
hardship to the applicant. Hilbelink indicated there is a financial concern for the applicant.
Jabbour asked Barrett whether the resolution can move forward without this issue resolved.
• Barrett said he did not believe so. He felt the park dedication needs to be determined and
questioned the time period of the application. He felt there was adequate time where the
application could be tabled for two weeks in order that the park dedication could be determined
and issue of an easement resolved.
•
Moorse noted the indecision regarding the trail on Willow noting the land on the west side has
not yet been developed. He indicated that the trail should extend to CoRd 6, and past plans have
located the trail on the west side of Willow Drive. This would enable trail users to access the
school from the trail system. A trail on the west side could be obtained when the property is
platted. He questioned whether there was a need for a trail on both sides of the road.
Flint reported that the restrictions on the use of the utility easement of Shadowood was
dependent on the trail making a connection in the trail system. He questioned whether this
would be accomplished if the trail was moved to the west side.
Cook noted that south of this area is the wooded area of the Dickey Lake property, where there
would be problems with the trail continuing on the east side. Goetten indicated there was also
established commercial and residential properties on the east side. She felt it would be easier and
to the City's advantage to continue the trail on the west side and obtain easements when the
property is developed.
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ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #5 - #2275 Ted and Myrna Wolf - Continued)
Flint questioned whether the City would qualify for use of the utility easement without making
the connection on the same side of the road. Barrett reviewed the easement agreement
requirements.
Moorse questioned whether the easement would be voided if the trail goes along CoRd 6.
Peter Welles said the Park Commission's position is one of continuing a trail on Willow Drive.
The side of the road, however, has not been designated. The trail is also consistent with the
Medina trail, which is also undesignated.
Flint felt the language of the agreement does not stipulate the trail must continue on the east side,
but he felt since the easement has been obtained on that side, it should continue.
Gaffron questioned whether the trail was contiguous noting two lots owned by Mr. Cox separates
the Shadowood Development from the Wolf property. Flint said it is typical to obtain land for
trail in pieces and did not see this to be an issue.
Jabbour said this situation emphasizes the need for thorough planning. He asked which side was •
best suited for the trail. Cook indicated the utility poles run on the west side. He added that the
trail was designed for the west side of Willow when consideration was given to the issue five
years ago. He noted that additional right -of -way would probably be required in order to place the
trail to the back of the ditches. Moorse felt trail users would be headed to the west to the school
or Baker Park making sense for the trail to be on the west side. Welles indicated that he believed
the Park Commission's preference is also for the west side.
Jabbour asked about the use of the frontage road and crossing over it (Kelley Parkway). Moorse
said when the property located on the corner of Willow and Hwy 12 was developed, the City
would want a trail to CoRd 6 or Kelley Parkway.
Jabbour asked Flint if he wanted to pursue the trail on the east side for this application. Flint said
no.
Peterson said the matter of park dedication fee was an issue. She questioned whether the City
was being consistent or fair to the applicant noting the use of maximum fees in other cases.
Moorse indicated the fee is based on the number of new lots and the ordinance stipulates 8% of
the assessed market value. Jabbour informed Hilbelink of the issues involved noting the Council
wants to ensure that the applicant is receiving the benefits of the guidelines established. The
park dedication fee paid was $7,600.
•
14
ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #5 - #2275 Ted and Myrna Wolf - Continued)
Gaffron indicated the park dedication fee is .a two -part process, derived from the fair market
value of the new lot as determined by the assessor, and the park fee is established as 8% of this
value. An existing lot with an existing house is excluded. If no house exists, then the fee
pertains to all lots. The value is on a pre- development basis. The question arose of whether
there is a cap to the amount.
Goetten voiced her feeling that the questions arising from park dedication should be resolved and
the ordinance changed if changes are necessary. Goetten said her position, until the ordinance is
officially changed, is to vote against applications where park dedication is an issue.
Jabbour said the Council needs to operate as determined by the guidelines set and negotiate with
the applicants until the ordinance changes have been made.
Barrett said the current ordinance is satisfactory as long as an individual decision is made on the
impact of rough proportionality. The flat 8% fee does not allow for this to occur resulting in the
need to individually discuss each application. The guidelines need to be set with the land
variations within the City and a cap established.
• Jabbour said he is satisfied with the City's proposed cap based on the information provided by
Staff, discussions, and what has occurred in other applications. He feels the City's position can
be justified. However, Jabbour said he does not wish to place an applicant in a hardship position.
The lower amount should be agreed to or the applicant revisited regarding the amount of park
dedication.
is
Goetten said she would like the Council to make a decision as it would be unfair to the applicant
to delay the application further and reflect on the Council's integrity. Jabbour acknowledged that
the issue must be addressed in order for the Council to work as a team.
Jabbour asked if the resolution can be passed and the park dedication fee amended. Barrett said
the problem with that is the plat will have been filed creating difficulty in amending the park
dedication fee. He suggested the park dedication fee could be placed in escrow with the final
amount to be determined in the future. Goetten felt that would not be acceptable to her.
Flint said, while waiting for the re- drafting of the ordinance, determination has been made as
called for by the legislature, and the Council should apply the maximum. The lot's impact on the
park system has been determined and would be satisfactory but Flint said he is unaware of what
is the maximum amount.
15
ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
•
( #5 - #2275 Ted and Myrna Wolf - Continued)
Jabbour explained that the City had to make a determination of what will occur when the City is
fully developed and how this should apply to applications. It was determined that there were
about 700 lots yet undeveloped resulting in a impact cost to parks of $4,900 a lot based on
today's money. Determination still is required to base the fee off of future dollars. The 8% fee
would have to be based on an average lot size which is difficult due to the differences in land
found in Orono.
Peterson concurred with the use of the fee as outlined.
Flint moved, Peterson seconded, to approve Resolution No. 4017 with the reduction in park
dedication fee to $4,900 based on the study of park dedication. Vote: Ayes 3, Nays 1, Goetten.
MAYOR/COUNCIL REPORT
Jabbour reported receiving negative comments regarding the service provided by Triax Cable
Company. Residents have indicated the company is not responding to problems and are behind
in providing services. Jabbour asked that this be considered when the contract is renegotiated.
He felt the problems should be discussed with the cable commission. Jabbour said Mr. Pesak, an •
Orono resident, has volunteered to assist in negotiating the franchise renewal with Triax.
Jabbour reported that he is attempting to gain an understanding with the MCWD regarding the
objectives of the City. He would like to see discussions held regarding the City's Comprehensive
Plan, and specifically, the 5 -acre dry buildable, and the impact on the Watershed if the criteria is
not upheld.
Goetten referenced the letter received from Carl Johnson regarding the new building on North
Shore Drive. Moorse clarified what property was being discussed. The design includes a steep
roof that is different from what the neighbors had expected. The surveyor also made a mistake
resulting in the residence being placed farther back from the lakeshore than what was approved.
However, due to the lagoon, the setbacks are reduced from what was envisioned. Moorse said he
will respond to Mr. Johnson informing him of the chronology of the application.
Jabbour said he spoke with Mrs. Johnson and informed her that the residence met the height
standards. He suggested the City consider an average height standard. Jabbour said, while the
house may be over - ambitious for the lot, the Planning Commission had to make a choice
between more hardcover or the height of the residence. He indicated the neighbor was at the first
meeting where the application was discussed but did not attend any further meetings where it
was discussed.
0
16
is
ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
(Mayor /Council Report - Continued)
Flint informed the Council of a conversation he had with a resident regarding the need to
maintain better communication with the City of Medina, who shares a boundary with the City of
Orono. Flint said the point was well taken of this need to extend communications with Medina
as has taken place with other surrounding communities, such as Long Lake. Jabbour indicated
that prior mayors have worked with the City of Medina's mayor in the past. Jabbour noted that
relationships with other communities have been based on services provided, and discussions
have been held with Medina regarding police protection. Flint noted that the Park Commission
is also working with Medina.
ENGI`EER REPORT
( #6) EDGEWOOD HILLS SANITARY SEWER PROJECT - ACCEPTING
FEASIBILITY STUDY AND ORDERING PUBLIC HEARING - RESOLUTION NO.
4018
Gappa reported that the residents of Edgewood Hills Neighborhood have petitioned for sanitary
sewer. The feasibility study has been completed. The neighbors are in agreement with a 100%
assessment project. A public hearing was suggested to be scheduled for February 9 at 7:00 p.m.
Peterson asked if the problems would arise with the project due to the County Road 15 project.
Gappa replied to the negative noting that directional boring would take place.
Jabbour extended his appreciation of Staff for the manner in which work has proceeded on sewer
projects.
Peterson moved, Goetten seconded, to approve Resolution No. 4018 accepting the feasibility
study for the Edgewood Hills sanitary sewer project and schedule a public hearing for 7:00 p.m.,
Monday, February 9, 1998. Vote: Ayes 4, Nays 0.
( * #7) REQUEST FOR PAYMENT NO. 1- COUNTY ROAD 6 IMPROVEMENT
Peterson moved, Goetten seconded, to approve the Request for Payment No. 1 of $110,319.37 to
Hennepin County for the County Road 6 reconstruction project. Vote: Ayes 4, Nays 0.
17
•:
ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
CITY ADMINISTRATOR'S REPORT
( * #8) OPEN BURNING POLICY REVISIONS AND ORDINANCE AMENDMENT -
ORDINANCE NO. 167, 2ND SERIES
Peterson moved, Goetten seconded, to approve the proposed revisions to the City of Orono Open
Burning Requirements per Ordinance No. 167, 2nd Series, An Ordinance Regulating Open
Burning within the City of Orono. Vote: Ayes 4, Nays 0.
( #9) PROMOTION OF LIN VEE TO CITY CLERK
Moorse indicated items #9, #10, and #1Oa related to the upcoming retirement of City Clerk
Dorothy Hallin. He informed the Council that the promotions have been accepted by the
respective employees.
Flint moved, Goetten seconded, to approve the promotion of Lin Vee to the position of City
Clerk, and to increase her pay to Step 4 of Level 7, effective January 20, 1998. Vote: Ayes 4,
Nays 0.
Goetten noted that it is a pleasure to promote internally. a
( #10) APPOINTMENT OF CAROLE HASEMAN TO DEPUTY CLERK
Flint moved, Goetten seconded, to appoint Carole Haseman to the position of Secretary/Deputy
Clerk effective January 20, 1998. Vote: Ayes 4, Nays 0.
Flint indicated he has worked with Carole as past Chair of the Park Commission and reported
that she has done an excellent job.
( #10a) APPOINTMENT TO FULL TIME SECRETARY POSITION
Flint moved, Goetten seconded, to appoint Jamie Gemar to the full time Secretary position at
Step 3 of pay Level 4 effective January 20, 1998. Vote: Ayes 4, Nays 0.
( #11) APPOINTMENT TO ASSISTANT FINANCE DIRECTORIMIS COORDINATOR
POSITION
Moorse recommended that Ron Olson, Management Analyst/Accountant be appointed to the
Assistant Finance Director/MIS Coordinator position. Olson, who has performed exceptionally
well in his current position, has successfully taken on a number of Assistant Finance Director
duties since the position was vacated. Staff believes the City will benefit most from Ron's range .
of skills and abilities if he is in the Assistant Finance Director position.
18
I
r�L
ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #11 Assistant Finance Director/MIS Coordinator Position Appointment - Continued)
The Management Analyst/Accountant position is being reconfigured. Staff is recommending
returning to the Utility Billing/Payroll Specialist position to better meet the needs of the Finance
Department. This position will be filled as soon as possible.
Goetten moved, Peterson seconded, to approve the appointment of Ron Olson to the position of
Assistant Finance Director/MIS Coordinator effective January 13, 1998. Vote: Ayes 4, Nays 0.
( #12) 1998 WORKERS COMPENSATION INSURANCE BID AWARD
Moorse indicated that the bid award is for workers compensation insurance, the cost of which is
being reduced once again. The reduction is due to the favorable experience rating of the City. and
the decrease in the base rate for most job classifications from 1997.
Peterson asked about the verbiage, "resulting in net initial premium ", and what the actual amount
will be. Moorse said the final amount may be less than indicated, which is the current premium
being paid, but the amount of any adjustment is unknown at this time.
• Peterson moved, Flint seconded, to approve the 1998 Application for Coverage under the
LMCIT Self- Insured Worker's Compensation Plan and award of the 1998 worker compensation
insurance to the LMCIT for the initial net premium of $26,441, effective January 1, 1998. Vote:
Ayes 4, Nays 0.
( #13) ESTABLISH COUNCIL WORK SESSIONS
A work session was scheduled for Thursday, January 22, at 8:00 a.m. Additional work sessions
will be scheduled.
Jabbour asked that the session be directed towards the update of the Comprehensive Plan,
Shoreland Ordinance, and Transportation, to enable an overview of subjects for Council input.
He asked that consideration also be given to rezoning to commercial property located between
the proposed old and new Highway 12 corridors.
Goetten asked that the work session include discussion on park dedication and Highway 12
design. She suggested Ed Callahan attend the meeting.
( #14) ANNUAL APPOINTMENTS - RESOLUTION NO. 4019
Peterson moved, Goetten seconded, to approve Resolution No. 4019 designating selected
• appointments for the year 1998. Vote: Ayes 4, Nays 0.
Jabbour noted that the appointments exclude naming the chairs of the Planning and Park
Commission, which change yearly.
19
ORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 12,1998
( #15) SELECTION OF DATE FOR 1998 LOCAL BOARD OF REVIEW MEETING
Jabbour moved, Goetten seconded, to establish April -22, 1998 at 7:00 p.m. as the date and time
for the 1998 Local Board of Review meeting. Vote: Ayes 4, Nays 0.
( #16) 1998 FEE SCHEDULE ORDINANCE AMENDMENT - ORDINANCE NO. 168, 2ND
SERIES
Moorse indicated that the amendment reflects the change in land alteration requirements.
Goetten moved, Flint seconded, to approve the proposed amendment to the 1998 Fee Schedule
per Ordinance No. 168, 2nd Series. Vote: Ayes 4, Nays 0.
( #17) SPECIAL ASSESSMENT DEFERRAL RENEWAL - REAPPLICATION FROM
STUBBS BAY SANITARY SEWER PROJECT - RESOLUTION NO. 4020
Moorse indicated that deferrals require review every five years.
Peterson moved, Goetten seconded, to adopt Resolution No. 4020 approving the reapplication of
special assessment deferment for Rose Madden. Vote: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT
City Attorney Barrett had no report.
( #18) LICENSES
Mayor Jabbour abstained from voting. Goetten noted the reason being the relationship between
the mayor and one of the applicants.
Flint moved, Peterson seconded, to approve the following licenses: Vote: Ayes 4, Nays 0.
Special Event Permit:
Residential Kennel Licenses:
Piller Homes
Steve Bohl
Spring Parade of Homes
February 28 -March 22, 1998
at 480 Old Long Lake Road
Colleen Jabbour
985 Tonkawa Road
I. Jacobs
1700 Shoreline Drive
I
C�
•
. 4
ORONO CITY COUNCIL MEETING
• MINUTES FOR JANUARY 12,1998
(# 18 Licenses - Continued)
Willi Hoyer and H. Zohara
565 Hanlon Avenue
Greg and Nancy Truchinski
1580 Fox Street
( * #19) BILLS
Peterson moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes
4, Nays 0.
ADJOURNMENT
Jabbour informed the Council that he has been working with the Orono School District School
Board regarding school needs. Consideration is being given for mediation and a citizen's jury for
recommendations to the board. He noted the Park Commission will be hearing information from
a group wanting a community center in the City. Goetten favored the individual group for
discussing these needs and asked for further information. Jabbour informed the Council of an
• information meeting scheduled for January 27. Participation is being sought from Orono.
residents.
Jabbour adjourned the meeting at 10:01 p.m.
ATTEST:
-76 '//� IWL�
Lin a S. Vee, City Clerk
•
Gabriel abbour, Mayor
21