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HomeMy WebLinkAbout02-09-1998 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 9, 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, Planning Intern Brad Bressler, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. (Agenda Item #1 follows Park Commission Comments.) PARK COMMISSION COMMENTS Chair Wilson reported that the Park Commission is working on park planning, park dedication issues, and Comprehensive Plan update. Open spaces have been identified. Revisions have been made to the bike trail routes. Capital improvements in parks for the next 10 years are being determined. These will be presented to Council in the near future for approval. Wilson invited the Council to attend the Friends of the Parks Award at the March meeting. ( #1) EDGEWOOD HILLS IMPROVEMENT PROJECT - PUBLIC HEARING • 7:05 -7:28 P.M. A. ORDER PLANS AND SPECIFICATIONS FOR EDGEWOOD HILLS SANITARY SEWER PROJECT - RESOLUTION NO. 4028 The Affidavit of Publication and Certificate of Mailing were noted. Jabbour reported that the public hearing is to receive citizen input and determine whether the plans and specifications should be ordered for the Edgewood Hills Sanitary Sewer Project. He informed the audience of the pro- active approach the City has taken in determining the 10 "hot spots" for sewering. Met Council was asked to approve and approval was received to include these areas in the MUSA. The areas are being sewered in order of need, and in order of requests by neighborhoods. Gappa indicated that City Engineer Kellogg would present the sewer alignment and options. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 ( #1 - Edgewood Hills Improvement Project - Continued) • Kellogg described the area being proposed for sewering. He noted that all but one property has access from Hidden Hills Road. The option presented allowed for sewer lines to be installed in the front of the properties with an 8" line. The service and manhole locations were noted. Directional boring would be used to eliminate excavating except for the manhole and main line locations for service connections. The service connection for property #5 would be on the east side of the road, while the other 7 would be on the west side of the road. Kellogg reported that another option would be to open up the street to install the sewer. It was determined that cost and access would be issues in this option. Another option reviewed was for sewer installation to the rear of the properties. This would incur additional costs and additional manholes. It would also result in the loss of vegetation. Maintenance access was found to be an issue as well. The recommended option includes the cost of street repairs and road overlay. The meeting was opened for public comment. Tom and Charlene Cusick, 965 Edgewood Hills Road, were present. Mr. Cusick asked and received confirmation that the system was gravity based. He said he was delighted and happy with the proposal. • Kellogg indicated that the Jackson property may present some problems with the horseshoe shaped driveway. Kellogg said there were two proposals for providing service to the residences. Each residence would be provided 60' of service. The property owner would then be responsible from that point on for any additional line and cost of hook up. Another option would be to directionally bore to within 20' of where the service would be connected. This would decrease the amount of excavation. Cusick asked if the line into the property had to be straight. Kellogg said it did not but bending of the 4" pipe should be limited. Jabbour informed Cusick that directional boring allowed for a machine to insert the piping, eliminating the need for a trench. Kellogg showed Cusick where this would occur on his property. Jabbour informed the public that existing septic systems would have to be collapsed and filled in. This would require machinery to complete the work. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 ( 41 - Edgewood Hills Improvement Project - Continued) • Jabbour asked if the home orientations were positive in relation to the sewer location. Kellogg said that in most cases the sewer line comes out to the back or to one side of the residence. Kellogg reported that the cost for the directionally bored option within 20' of the service results in an assessment of $21,140 for each of the 8 properties. Jabbour noted that a separate assessment hearing would be scheduled. Cusick asked about finance plans. Jabbour indicated that the City's high bond rating allows for the City to receive a good interest rate. He did note that the project would be included with another project to keep costs down. There are some administrative costs involved. The assessments would be paid over a 15 year period. Goetten noted that the cost could also be paid upfront if the residents so choose. Jim Nielson, 340 North Arm Lane, asked if there would be any problem in transitioning the additional lift to the roadway from the driveways. Kellogg said the 1 -1/2" lift would be transitioned back on the driveway and would be smooth. Kellogg informed Nielson that the hole dug for the sewer would be 16 -18' deep. Nielson asked if the lower level bathrooms would be served by the sewer as laid out. Nielson was told that the basements would be served. • Mr. Cusick asked about the time frame for the project. Kellogg said the proposal is for a June or July construction date. He indicated that the project is ahead of schedule at this time but another project may affect the construction outcome. Jabbour noted that easements need to be acquired in a timely manner as well or can affect the time frame. Cusick was informed that the assessment hearing would allow the public to comment about any problems they may have with the project. 0 Moorse informed Goetten that the assessment hearing would be held after bids and specifications are completed, bids are advertised and received. Kellogg thought the hearing would occur in May or June. Gappa indicated that there is a 30 -day waiting period following the assessment hearing before bids are awarded. This waiting period can be eliminated by waiver. Goetten referenced a letter received from Mr. Jackson. Jackson expressed concern over access to homes during the construction period. Goetten noted that there is usually only a day where access is affected. Kellogg said emergency vehicle access is maintained at all times. He does not anticipate any problems. The use of directional boring eliminates alot of access problems, which is taken into consideration in the design. Kellogg noted that paving is done half at a time to allow for access on the other half. Some traffic delay occurs during that time. c MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 ( #1 - Edgewood Hills Improvement Project - Continued) • Cusick said he would like to see the project completed as soon as possible with the septic systems becoming obsolete. Jabbour said the City has delayed the effective date for the septic updates. Kellogg said the project requires cooperation between the neighbors noting that Cusick and his neighbor would have to arrange for parking during the construction. There were no other public comments and the hearing was closed. Peterson moved, Goetten seconded, to approve Resolution No. 4028, ordering the preparation of plans and specifications for the Edgewood Hills Sanitary Sewer Project. Vote: Ayes 4, Nays 0. ( * #2) CONSENT AGENDA Agenda items #5, 7, 8, and 13 were added to the Consent Agenda. Goetten moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF JANUARY 26, 1998 • Goetten moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of January 26, 1998. Vote: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Commissioner Hawn had no additional comments to the report submitted. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #4) #2289 JON PENDLETON, 350 NORTH ARM LANE - CONDITIONAL USE PERMIT TO SEASONALLY ALLOW A HORSE IN THE LR -1A ZONING DISTRICT - RESOLUTION NO. 4029 The applicant was present. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 • ( #4 - #2289 Jon Pendleton - Continued) Bressler reported that the applicant would like to keep a horse on his property during the non - winter months from approximately April to November. There are two proposed pasture areas. Pasture #1 is 1.14 acres and pasture #2 is .67 acres for a total of 1.81 acres. These two pastures are separated by a 30' drainage easement. A CUP is required. The Planning Commission unanimously recommended approval conditioned on the use of best management practices as stated by University of Minnesota Extension Educator, Jeremy Geske. Bressler reviewed the findings in the resolution draft. Pasture #1 is not considered a feedlot as it allows more than one acre for one animal unit. Pasture 42 is considered a feedlot as it does not allow one acre for one animal unit. Pasture 41 meets the 75' setback requirement from the waterway, and Pasture #2 meets the required 300' setback from the waterway. Pendleton had no comments at this time. Flint said his concerns were related to the property's proximity to the lake and the primary pasture being closest to the lake. With the recent clean -up project of Long Lake, Flint is concerned with affecting the lake quality. • Flint asked where the manure would be processed. Pendleton referenced Mr. Geske's comments. Geske did not express a concern but recommended a manure site be established if necessary. Pendleton said he would look to Geske for guidance in this matter. Is Flint thought Geske's report was vague. He is concerned with runoff. Flint noted that Staff recommended manure composted on site. Pendleton said he would do so. He noted pasture #1 was higher ground and the best location. Flint asked for Staff clarification. Bressler said the recommendation did not show the necessity for composting on site with only one animal but it could be done on site if a need for composting is later determined by Mr. Geske. Pendleton said he would invite Geske to review the site. Pendleton said he also is concerned that no problems ensue in the process. Flint asked how the application as a CUP is reviewed. Barrett responded that conditions can be placed requiring annual review if requested. He indicated Geske's letter did not categorically say what will occur. Jabbour noted the difficulty in following up on conditions placed for the future. He felt any conditions should be set in place at this time. Jabbour informed Pendleton that the Council cannot design the pasture for him but it is difficult to approve the application without the necessary knowledge. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 (#4 - #2289 Jon Pendleton - Continued) • Pendleton asked if Geske could determine the process through a site visit. Flint said he would like to see a baseline established for water testing. Jabbour noted the difficulty in doing so with the water quality changes that occur during the year. Jabbour felt the leaching effect should be determined referencing the City's philosophy in maintaining lake quality. Barrett said a CUP can be revoked if found to violate the Comprehensive Plan. He did not know if Geske was an expert on water quality. Flint questioned who would be. Jabbour reiterated the difficulty in checking water quality. Planning Commissioner Hawn suggested the use of a stringent condition in providing as part of the CUP, a compost station to be established that is contained to eliminate the runoff problems from occurring. Flint said this would satisfy his concerns. He would like to see the compost station set up on pasture #2 as it is farthest from the lake. Pendleton said he personally had no preference on location but would like to know what Geske felt about the location. He noted the drainage easement on the property. Flint withdrew his comment due to the drainage easement. He said the station could be placed at a determined acceptable site. Jabbour clarified that the CUP would include conditions that the applicant provide developed plans for a compost station that must be reviewed by Staff Flint moved, Peterson seconded, to approve Resolution No. 4029 with the condition that . the applicant develop plans for containment of manure that is acceptable to Staff Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Jabbour noted the City was excluded from dialogue pertaining to the LMCD's activities concerning public access on the lake. Jabbour said the DNR has agreed to drop the joint grant application with the LMCD regarding public access on the lake. Jabbour felt the LMCD should work with the DNR to allow the power to be placed in the cities' hands regarding public access on the lake. Jabbour indicated that the DNR would be represented to discuss the issue at the February 17 Mayors Breakfast and invited the Council to attend. Jabbour said an objection was raised on why the City of Orono was so involved in the issue of public access. He noted Orono's unique location in respect to encompassing another city, being adjacent to and sharing boundaries with, or sharing a bay with, 10 of the 13 lake area cities. This results in decisions made elsewhere affecting Orono and being the reason behind Orono's concern and involvement. It was noted that over 40% of the lakeshore is in Orono as well. M MINUTES OF THE REGULAR ORONO CITY COUNCIL 1VLEETUiG HELD ON FEBRUARY 9, 098 • (Mayor /Council Report. - Continued) Goetten asked for an update on North Ferndale Road Project. Kellogg said the project report for the City of Plymouth should be completed this week. At that time, Plymouth will schedule a public information meeting. Jabbour asked if Plymouth has agreed to Orono's approval of a 28' wide road. Kellogg said Plymouth has asked that all three options be presented in the report for a 28', 32' and 36' wide road. Jabbour expressed that presenting these options would waste taxpayers money due to the time delays. He noted that Orono would only approve a 28' wide road and would not agree to any other width. Goetten expressed concern with the delays and the affect on the time line of the project. Flint verified with Kellogg that plans were not being developed for all three road widths. Jabbour asked the cost of preparing plans. Kellogg said the plans including administrative and legal costs run about 15 -17% of the whole project; the plans themselves would be about 7 -8 %. Jabbour said it is important that the Council is aware of the cost for preparing plans. Kellogg acknowledged that the time frame for the project may be affected by the delays. • Mike Taylor of the Lakeshore News asked who pays for the plans. Gappa informed him that the cost is split between the two cities. Flint asked about the proceedings from Highway 12 meetings. Jabbour said the issue would be discussed at the work session. Goetten indicated that the design meetings are progressing. The Orono design committee has decided to meet with Long Lake's design committee to share information. A meeting will then be held with the east and west citizens committees and a public information meeting scheduled. Goetten said they are attempting to hold these meetings prior to the next design meeting. Jabbour noted that past mayor, Ed Callahan, will be present at the work session. He asked that the Planning Commissioners be informed of the work session. Jabbour also noted that he had met with representatives of Long Lake and a joint meeting may be scheduled. ENGINEER REPORT ( * #5) AUTHORIZE GRANT APPLICATION FOR I & I SEWER REPAIRS - RESOLUTION NO. 4030 Goetten moved, Flint seconded, to approve Resolution No. 4030, authorizing the submittal of an I/I reduction grant from the Metropolitan Council Environmental • Services. Vote: Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 CITY ADMINISTRATOR'S REPORT i ( #6) U.S. WEST WATER TOWER LEASE AGREEMENTS Moorse reported that an agreement has been worked out with US West for lease agreements to enable US West to locate PCS antennas on both the Navarre and Hwy 12 water towers. The annual lease will be $12,000 for each tower with minor language revisions in the included draft. Steve Mangold was present and said he is the regional real estate manager for US West. Flint asked how the rate was determined. Moorse reviewed the fee schedule, which is based on the number of antennas for the towers, which is limited in both space and frequency. The rate for 0 -6 antennas is $12,000, 7 -9 antennas is $13,000, and 10 -12 antennas is $14,500. The rate is in the range of rates charged by other cities. Nextel will have 9 antennas but will begin with three at a rate of $13,000. Sprint will be charged a rate of $14,500. Goetten asked if the money would be part of the General Fund. Moorse said the fees would be collected for use in the Water Fund as the antennas are being placed on the water towers. Flint was informed by Mangold that US West's antennas will be used for PCS network, which will be going on -line in July. The longevity of the technology is unclear. Mangold said the technology can be used in greater Minnesota through a roaming frequency. The PCS will use digital technology in the metro area and analog for the roaming area. Flint moved, Goetten seconded, to approve lease agreements with US West for the installation of PCS antennas on the Navarre water tower and the Highway 12 water tower, with annual lease rates of $12,000 for each tower; and to authorize the Mayor and City Administrator to sign the lease agreements. Vote: Ayes 4, Nays 0. (47) SEASONAL WEIGHT RESTRICTIONS - RESOLUTION NO. 4031 Goetten moved, Flint seconded, that Council adoption Resolution No. 4031, establishing the 1998 Weight Limits for City streets from March 15 through May 15, 1998. Vote: Ayes 4, Nays 0. Flint questioned the lack of the seasonal weight restrictions applying to private roadways. Moorse informed him that the homeowners association would have to agree to seasonal weight restrictions to allow the City to enforce policing. Jabbour did not believe the City has the right to police these roads. Barrett indicated that the City only has the right to enforce the issue of trespassing. n LJ 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9,1998 • ( * #8) BID AWARD - 1998 MATERIALS AND EQUIPMENT Goetten moved, Flint seconded, to accept the bids as presented for the calendar year 1998. Vote: Ayes 4, Nays 0. ( #9) PLANNING COMMISSION REAPPOINTMENTS Jabbour confirmed that Commissioners Smith and Hawn desire to continue serving on the Planning Commission. Flint moved, Goetten seconded, to reappoint Sandy Smith and Liz Hawn to additional 3- year terms on the Planning Commission expiring March 31, 2001. Vote: Ayes 4, Nays 0. ( #10) APPOINTMENT OF PLANNING COMMISSION AND PARK COMMISSION CHAIRS AND VICE CHAIRS Jabbour said the purpose of rotating chairs of these commissions is to allow the commissioners to gain experience. The Council members agreed that rotating chairs was a good idea. Flint moved, Peterson seconded, to appoint Sandy Smith as Chair of the Planning is Commission, and to appoint Andrew McDermott as Chair of the Park Commission. Vote: Ayes 4, Nays 0. Flint moved, Peterson seconded, to appoint Liz Hawn as Vice Chair of the Planning Commission and James White as Vice Chair of the Park Commission. Vote: Ayes 4, Nays 0. ( #11) APPOINTMENT OF PARK COMMISSION MEMBER Jabbour indicated that the Council believes the opening on the Park Commission should be opened to the residents to allow for community changes that have occurred since the last appointment. The Council decided that the applicants, who are currently on file for the position, will be informed that no resubmittal of application is necessary if renewed interest in the opening is expressed. Susan Wilson asked that the opening be filled as soon as possible. Goetten felt it was necessary to see who is interested in serving on the Park Commission. Flint suggested that Wilson encourage residents to apply if they are interested. Peterson inquired of the time frame for the appointment. It was determined that the • process would require about 6 weeks time. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9, 1998 ( #12) COMMUNITY SERVICE OFFICER WORK SCHEDULE AND PAY ADJUSTMENT, AND BUDGET AMENDMENT Moorse said this item is a follow through on the agreement to provide animal control services to the South Lake Cities, requiring a full time position be filled to allow for one part-time and one full -time employee to serve in this capacity. There were previously two part-time employees. Chris Fischer is recommended to become full -time at an increased rate of pay. The budget would then be amended to reflect the additional expenditures and revenues. Goetten moved, Peterson seconded, to approve Chris Fischer's work schedule being increased to a full -time schedule at a pay rate of $10.38 per hour, effective February 2, 1998, and to amend the 1998 General Fund Budget to reflect the additional $26,000 of both expenditures and revenues. Vote: Ayes 4, Nays 0. ( * #13) APPOINTMENT OF MARY ANN JOHNSON TO PART -TIME CUSTOMER SERVICE/DATA ASSISTANT POSITION Goetten moved, Flint seconded, to approve the appointment of Mary Ann Johnson to the part-time office support/customer service position at a pay rate of $9.90 per hour (Step I of Level 2 of the City's pay plan), effective February 17, 1998. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett requested adjournment to an Executive Session to discuss pending litigation. ( 414) LICENSES Goetten moved, Flint seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Residential Kennel License: Cigarettte License: Set -Up License: Jayne Paasch 2150 Kenwood Way Don Scherven Navarre Lanes, Inc. 3435 Shoreline Drive Don Scherven Navarre Lanes, Inc. 3435 Shoreline Drive 10 • • E MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 9,1998 • ( * #15) BILLS Goetten moved, Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session at 8:20 p.m. ATTEST: LinVe , City Clerk i 11 Gabri Jabbour, Mayor