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HomeMy WebLinkAbout06-29-1998 Council Minutes Special Meeting• SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29, 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley and Barbara Peterson. Council Member Richard Flint was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Director of Public Services Greg Gappa, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:05 p.m. ( #1) CONSENT AGENDA Goetten moved, Peterson seconded, to approve the Consent Agenda as proposed. Vote: Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT ( # *2) ROAD NAME CONFIRMATION - LITTLE ORCHARD WAY • Goetten moved, Peterson seconded, to approve the road name Little Orchard Way for the plat of Little Orchard. Vote: Ayes 4, Nays 0 ENGINEER REPORT ( #3) SHORELINE DRIVE/HERITAGE DRIVE AND LANE SEWER PROJECT A. ASSESSMENT HEARING - RESOLUTION NO. 4106 Gappa opened the assessment hearing at 7:08 pm. Kellogg presented a diagram of the proposed gravity sewer project and explained the layout. He noted that grinder stations would be used in 5 of the properties, Lots 16 -20. Two property owners have requested exclusion from the project. G. L. Contracting of Medina will be the contractor. Gappa added that the proposed assessment is $19,100 per sewer unit, payable over 15 years. The bond sale and financing should be at approximately 6.5% and will be finalized prior to submitting the assessment to the Council. Jabbour noted that the figures presented are "not to exceed" numbers. The City cannot increase the cost but could reduce the cost based on the final bond interest rate. 40 1 • SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Lowell Janke, 1180 Heritage Lane, Lot 9, inquired about the time period involved in the assessment. Jabbour responded that the assessment is for 15 years. Annual interest of 6 -8% will also be included. Janke asked if the assessment could be paid for right away. Jabbour confirmed that the assessment could be paid for entirely at the City offices, or it could be added to the property taxes. It could also be added to the property taxes and paid off at any time with the interest accumulated to the point at which the assessment is paid off. Jorgen Viltoft, 1155 Heritage Lane, Lot 14, requested exclusion from the project. He has lived at the property for 27 years with no problems. Only two people occupy the house 5 months of the year. Jabbour explained the philosophy of the City regarding sewer projects. At one time, the City required all properties in a project to participate. A few years ago, the City decided to allow those properties with a fully functioning septic system to request exclusion from a sewer project, rather than have one or two properties holdup a project through the appeal process. When a property that has been excluded from a project decides to connect, the property is required to pay the original assessment amount plus inflation. • Kelley added that the State could change the septic regulations, the homeowner could decide to add bedrooms, or the existing septic system could fail, all incidents which may require hookup to the sewer system at an increased cost. Jim Snyder, 1085 Heritage Lane, Lot 16, questioned street repair with the installation of the force main. He noted the street is currently in very bad condition. Kellogg responded that the force main is off to the side of the street in the City's right -of -way. The street will be overlaid but no major reconstruction will be done. Any damage done by construction vehicles will be repaired. Gappa stated that 5 of the properties will be using grinder pumps. In a past project, the City bought and furnished the grinder pumps, which some homeowners and plumbers objected to because they preferred a different pump. In this project, all properties will be assessed the same amount, but those with grinder stations will be credited $3,700. This will allow the owner and plumber to purchase the grinder pump station which works best for them. A check valve would be part of the grinder pump system. Kellogg confirmed that there will be a mechanical shut -off at the property line for the grinder stations, similar to water and sewer curb stops. The engineer will work with the owner to determine the best location for the shut -off. • 2 • SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Janke stated that his septic tanks are currently behind his house and asked if the sewer connection would have to be at the front of the house. Jabbour responded that it would be the property owner's responsibility to determine where the hookup from the house would be located. Kelley added that septic tanks must be abandoned once the sewer hookup is complete. Janke asked about the timing for the project. Moorse responded that if anyone wanted to appeal the assessment, a written objection would have to be received at the current public hearing to preserve the right to appeal. If no written objections are received, no appeals could be submitted. Barrett added that no written objections had been received at that time. Janke commented that there had been very little maintenance done to the road over the last 30 years. Jabbour responded that the City had a minimum budget for street maintenance but increased from approximately $40,000 in 1996 to $100,000 in 1997. There is a schedule of street improvements, so there will be more maintenance throughout the City. Dean Patterson, 1025 Heritage Lane, Lot 18, commented that a new septic system was installed last • year on his property and asked if he would be required to abandon the septic tanks at his own expense. Jabbour confirmed that he would. Patterson asked what would happen if he objects in writing at the current meeting. Jabbour responded that the City could cancel the project, or opt his property out of the project. If the property were not included in the project, when the septic system fails and the homeowner decides to hookup to sewer, the City would charge the $19,100 assessment, plus the interest rate on the bond and the inflation cost. Patterson questioned how the sewer project began as he was fairly new to process. Jabbour replied that the neighbors petitioned the City. Kelley noted two benefits of sewer: 1) It frees up yard space. 2) The drainfield is based on the number of bedrooms; sewer removes that restriction and would allow more bedrooms. Jabbour added that there is a limited number of sewer units available to the City. Kelley explained that if a property owner "opts out" of the project, the City finances that property's assessment through the City's budget until the property owner decides to connect to sewer. . Patterson asked what percentage of the neighborhood voted for the sewer project. Gappa responded approximately 70 %. 3 • SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Greg Coward, 1950 Heritage Drive, questioned the size of the main line and asked if restoration of lawns was part of the project. Gappa responded that the line is 8 ", and the contract includes restoration of sod and replacement of trees. Coward asked about the hookup process. Gappa explained that the hookup is done by a licensed plumber hired by the homeowner, not the contractor installing the main sewer lines. The plumber and homeowner will work with contractor to determine the best location for the stub. Kellogg explained that there is a lag time from when the main line in installed and the property owner actually connects to the sewer. The main line needs to be accepted by the City through various testing procedures. Janke asked for clarification of the location of the hookup. Kellogg responded that a wooden lath would be distributed to each homeowner with "service location" written on it. The property owner would then place the lath where the connection should be located. Viltoft asked if the City had considered municipal water. Jabbour responded that it was not in the • plan. There is a misconception that water could be located in the same trench as sewer, and city water would be very expensive. Viltoft noted that city water is nice during power outages. E Patterson asked who maintains the grinder pump. Gappa replied that maintenance is the homeowner's responsibility. Patterson asked how long a grinder pump lasts. Gappa replied that a pump may last up to 7 years before it needs significant repairs, and depends on how it is maintained. If a pump needed to be repaired, it would be approximately $200, similar to a mound system pump. Bob Stierna, 1930 Shoreline Drive, expressed concern about the schedule as he would like to see the project completed in 1998. Jabbour responded that if there were no objections at the current meeting, the project would proceed with the acquisition of easements. If there was a property owner who was not willing to grant a required easement, it could take 90 days for a quick take easement. In that case, the City could decide not to proceed if litigation were involved. Stephen Larson, 1005 Heritage Lane, asked about the road replacement. He felt that since equipment would already be working on the road, repair should be considered. Jabbour responded that repair work and regular street maintenance are not done by the same contractor. Gappa commented that this area might be considered as part of the normal overlay schedule to keep all of the neighborhood on the same maintenance schedule. 4 • SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Janke questioned why two of the lots were not included in the project. Gappa responded that they were non - conforming lots and currently unbuildable. Typically the City does not want to include such lots in an assessment as it may imply some zoning rights as a buildable lot. The property owner would need to go through the variance process with the City to determine if the lots were buildable. It they were buildable, a connection fee would be charged with a building permit. The public hearing closed at 7:50 p.m. Janke asked when construction of the project would begin. Jabbour responded that it would be within the next 3 -4 weeks if all easements were obtained. Gappa added that the City would be in contact with homeowners once the project began to determine stub locations. Goetten moved, Peterson seconded, to adopt Resolution No. 4106 adopting the Shoreline Drive, Heritage Drive and Heritage Lane area sanitary sewer assessment roll excluding the properties at 1135 Heritage Land and 1920 Shoreline Drive from the project. Kelley confirmed that the project area is in the 2 acre zoning district with existing homes constructed • prior to 2 acre zoning regulations, and the two lots not included in the project were platted with the original plat. He felt the two lots would be considered buildable under these circumstances and suggested the City lower the cost of the project by including those two lots in the project. Gaffron confirmed that the two lots are within the MUSA boundary. Gappa noted that a public hearing would need to be held for those two lots to include them in the assessment. Jabbour suggested the City assume the cost of the assessment for those two lots until the property owner requests a sewer connection, if staff agrees that the two lots would most likely be considered buildable at some time in the future. Vote: Ayes 4, Nays 0. B. ACCEPT BID AND AWARD CONTRACT - RESOLUTION NO. 4107 Kelley moved, Goetten seconded, to adopt Resolution No. 4107, awarding the contract for the installation of sanitary sewer improvements in the Shoreline Drive, Heritage Drive and Heritage Lane areas to G. L. Contracting of Medina, Minnesota in the amount of $279,194.07, which includes Change Order No. 1. Vote: Ayes 4, Nays 0. ( #4) FERNDALE ROAD IMPROVEMENT AGREEMENT Kelley moved, Goetten seconded, to approve the agreement with the City of Plymouth for the Ferndale Road improvement project. Vote: Ayes 4, Nays 0. 5 • SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 CITY ADMINISTRATOR'S REPORT ( #5) UPDATE ON EMPLOYMENT STATUS OF MARK THOMTON Moorse reported that Thornton has a medical condition which his doctor has indicated will not allow him to perform the duties of a police officer. He has been off since the middle of March and is out of benefits. Staff is recommending termination from his position. He has made a workers' compensation claim stating that his medical condition is work related. He also has the potential for a veteran's preference hearing and a grievance through his collective bargaining agreement. Jabbour asked about the City's relationship with Thornton. Moorse responded that Thornton is not happy about the denial of his workers' compensation claim. Kelley asked what would happen if the City did not terminate Thornton and took no action. Moorse responded that it left a question as to replacing him or filling his hours. Barrett commented that an employee in this situation, who has otherwise been a good employee, would want to trigger veteran's preference, COBRA rights, and come to a reasonable conclusion. • Kelley suggested authorization to hire another officer, and leave the initiation of termination up to Thornton. • Peterson noted that the employee would have to be terminated for COBRA rights to begin. Goetten commented that she wanted to be fair and was unaware of any complaints with Thornton. Barrett felt it was a better policy to pursue termination. Jabbour suggested visiting with Thornton to communicate to him the City's appreciation for his years of service as a police officer, and to express the City's regrets regarding his health condition and his inability to continue working as a police officer. He felt the City should help him explore his rights. Peterson felt the City was making a mistake if they decided not to terminate Thornton. Kelley agreed. Peterson asked about the process of replacing Thornton. Moorse responded that once the termination is finalized, the City can consider making Thomton's temporary replacement (Chris Fischer) permanent, or initiate s selection process for a full -time police officer. P 6 SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Kelley moved, Peterson seconded, to terminate the full -time status of Mark Thomton, with great regret. Jabbour suggested looking at some type of recognition for Thomton's years of service to the City. Vote: Ayes 4, Nays 0. City Attorney Barrett requested an Executive Session to discuss pending litigation. ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn the meeting at 8:05 p.m. ATTEST: .�- 'J Linda S. Vee, City Clerk • • 7 abbour, Mayor