HomeMy WebLinkAbout01-08-1996 Council MinutesORONO CITY COUNCIL MEETING
MINUTES FOR JANUARY 8. 1996
• ROLL
The Council met on the above date with the following members present: Mayor Edward
Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and
JoEllen Hurr, who arrived at 8:15 p.m. Representing Staff were City Administrator Ron
Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building
and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator
Michael Gaffron, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor
Callahan called the meeting to order at 7:00 p.m.
( * #1) CONSENT AGENDA
Items #6, 7, 12, and 13 were added to the Consent Agenda.
Callahan moved, Jabbour seconded, to approve the Consent Agenda as amended. Vote:
Ayes 4, Nays 0.
APPROVAL OF MINUTES
( * #2) REGULAR MEETING OF DECEMBER 11, 1995
Callahan moved, Jabbour seconded, to approve the Minutes of the Regular City Council
Meeting of December 11, 1995. Vote: Ayes 4, Nays 0.
PARK COMMISSION COMMENTS
James White said the Park Commission was looking forward to meeting with the Council
for a work session on park planning. Goetten asked White about a complaint of
snowmobiling in Casco Point Park. White responded that the individuals were informed
of the City ordinance regarding no motorized vehicles in the park area.
PLANNING COMMISSION COMMENTS
No member of the Planning Commission was present.
PUBLIC COMMENTS
There were no public comments.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
ZONING ADMINISTRATOR'S REPORT •
( #3) #1958 LOUIS OBERHAUSER, 2405 DUNWOODY AVENUE, 3865 AND
3877 SHORELINE DRIVE - REPLAT - PRELIMINARY SUBDIVISION AND
VARIANCES
Louis Oberhauser was present.
Mabusth reported that the application for realignment of lot lines on the property on
Shoreline Drive had been tabled from the December 11, 1995, meeting of the Council.
The realignment caused a greater reduction in the area of Lot 1 with a major impact on
the hardcover and lot coverage. The applicant has agreed to keep all structures and
improvements out of the 75' zone. Lot 2 will no longer need an area variance, only
requiring a width variance and hardcover variance. Lot 1 will require a 5' setback
resulting in a 25' setback variance. Lot 1 coverage is at 18.3% will require a 3.3%
variance. Hardcover is proposed at 48.4 %; existing at 73.8 %. Lot 2's hardcover exists
at 30.9% and is proposed at 31.9 %. The lot width of Lot 1 has improved as a result of
the lot line rearrangement.
Mabusth reported that conceptual approval of the variances is recommended at this time
until the subdivision is finalized. Staff will, at that time, do both the final plat and
variances resolution. Since the hardcover variances are excessive, Mabusth suggested the
resolution stipulate that all approved hardcover improvements include decks and •
sidewalks as no more hardcover will be allowed on the property. The conceptual
building envelope of 55'x40' is to include any decking.
At the December 11 Council meeting, it was determined that the applicant was to provide
a developer's agreement and post security to ensure the boarded buildings are removed by
the end of January. A developer's agreement has been delivered but the applicant had
sent a letter stating he had problems with posting the security.
Oberhauser commented that the fire department, although willing to burn down the
structures, informed the applicant that this was a two month process.
Callahan asked Oberhauser if he was willing to take the structures down. Oberhauser
informed Callahan that he was willing to do so.
Callahan asked Oberhauser if there was a problem with posting the security. Oberhauser
said he was tapped out financially and could only post an assessment security. Callahan
suggested tabling the application until January 22 when the structures would be already
removed.
Callahan moved, Jabbour seconded, to table Application #1958 to the February 12, 1996
meeting of the Council. Vote: Ayes 4, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
• ( *94) #2031 BRUCE AND IRMA KELLEY, 2340 FOX STREET - FINAL
SUBDIVISION - RESOLUTION 43660
Callahan moved, Jabbour seconded, to adopt Resolution #3660. Vote: Ayes 4, Nays 0.
( #5) #2078 JENSEN HOMES, INC., 405 TONKAWA ROAD - PRELIMINARY
SUBDIVISION - RESOLUTION #3661
Mabusth reported that the application was for a 2 -lot subdivision with 7 acres in the
north lot and 3 acres in the southern lot with access to the southern lot via an existing
driveway at the south lot line. Approval of the plat was conditioned on the removal of
the tennis court before a building permit could be issued. Mabusth reported that the
court has been removed as well as the principal structure on Lot 1. Remaining on the
property is a detached garage, which is planned to be made into a residence for a
caretaker.
Mabusth continued that concerns regarding a sketch plan that involved a property to the
southwest of the Bennett property had been resolved. Mabusth said Staff recommended
approval subject to the conditions listed in the packet.
Mr. Jensen reported that he reviewed the resolution with Mr. Bennett, who was in
approval.
• Goetten received confirmation from Mabusth that the access to the lot located to the
back was resolved.
Mabusth noted an application will be before the January 16 Planning Commission
regarding the improved Linden Avenue.
Jabbour moved, Goetten seconded, to approve Resolution #3661. Vote: Ayes 4, Nays
0.
( *#6) #2086 ROBERT AND JANICE CALLAN, 2915 SOMERSET LANE -
CONDITIONAL USE PERMITNARIANCE - DENIAL RESOLUTION #3662
Callahan moved, Jabbour seconded, to adopt Denial Resolution #3662. Vote: Ayes 4,
Nays 0.
( * #7) #2087 MINNEGASCO, 530 OLD CRYSTAL BAY ROAD - RENEWAL
CONDITIONAL USE PERMIT - RESOLUTION #3663
Callahan moved, Jabbour seconded, to adopt Resolution #3663. Vote: Ayes 4, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
( #8) #2059 MINNEHAHA CREEK WATERSHED DISTRICT, W ILLIAM K. •
PEARCE PROPERTY. 1485 SIXTH AVENUE NORTH -
VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION #3664
Tom LaBounty was present representing the Minnehaha Creek Watershed District
(MCWD).
Gaffron reported that the application was for the construction of a 2 -cell pond located on
the William Pearce property, south of CoRd 6 and east of Dakota Avenue. The pond
straddles the creek flowing from Medina through Orono to Long Lake. The purpose of
the 2 -1/2 acre retention pond, which includes a peninsula, is to reduce the level of
phosphorus flowing into Long Lake. The creek will flow into the northwest end of the
first cell, then into the second cell, discharging via a weir system and into type 3 and 4
wetlands. Access to the pond will be from a driveway off of CoRd 6 to the east.
During review in November, the Planning Commission considered whether the pond was
both necessary and appropriate and what the best solution was to the phosphorus
problem since it is the City's philosophy not to disturb wetlands. The Planning
Commissioners said it would be necessary for the Wahlfors pond to be created in Medina
in order for this project to be worthwhile. LaBounty reported that the Wahlfors pond
construction began on January 8.
Gaffron continued to report that the Planning Commission reviewed the environmental •
impact of the pond. Variances are required due to the protected tributary status where
no trees are allowed to be removed nor vegetation disturbed, nor any excavation within
75' of the existing creek. A conditional use permit is necessary as the excavation exceeds
the 100 cubic yards allowed with removal of 25,000 cubic yards. The environmental
impact was reviewed on the developed land use in the 2 -acre non - sewered zone and on
vegetation in lowland area with tree removal creating open water. The Planning
Commission required photo enhancement to be completed to depict what the completed
project would look like.
Gaffron reported that a fish barrier will be installed at the outlet to bar fish from going
upstream. The improvement in water quality should aid the fish population in Long
Lake.
Gaffron said the potential for soil erosion was addressed by revegetation and plantings.
It was determined that surface runoff would be improved, and no problem was expected
with the ground water.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
• ( #8 - #2059 MCWD - Continued)
The construction is to occur in the winter months which should eliminate any problem
with odors and dust from the disturbed soils. The noise level should not be a problem
with the nearest home 200' away. Gaffron further explained that the loss of wetlands is
to be mitigated off -site. A permanent access road will be gated, locked, but accessible to
City and patrol personnel. Gaffron said the Planning Commission felt the project's
benefits outweighed any negative impacts.
Gaffron reported that the Pearce's had outlined conditions to be met. They requested
photo enhancements of the area to be done, which are completed; and asked that the
DNR keep the City updated on the plans. The Pearce's were concerned with having an
acceptable maintenance schedule for monthly and annual upkeep. This has not yet been
finalized but is required before the land alteration permit would be issued and would be
reviewed by Staff.
Gaffron noted that the MCWD and City have yet to reach a cooperative agreement
regarding maintenance of the ponds.
Gaffron reported that there is a potential problem with truck traffic on CoRd 6 during the
construction. This would require close monitoring with flag personnel at each end to
make drivers aware of the conditions. The MCWD hasagreed to six operating conditions
• during construction. The MCWD has agreed to keep the City updated and will stop
work if safety concerns are found.
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The Planning Commission was concerned with the expiration date of the permit. An
applicant normally has one year from date of approval to complete a project. The pond
construction will not occur until January of 1998. Gaffron said the Planning Commission
felt they would not need to revisit the application unless there were changes in the design
of the pond or with the Medina pond. 1 he Commission agreed to recommend a 2 -year
time frame for which the approval would apply. Gaffron informed the Council that they
would need to decide on whether approval is for the 1 -year period or to approve a 2 -year
time frame.
Gaffron said a conservation and flowage easement would need to be granted by the
Pearce's. This has not been discussed with them, but a similar easement was noted to be
in the conditions of the 1979 subdivision, so they are familiar with this requirement.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY S, 1996
( #8 - #2059 MCWD - Continued) •
Jabbour was informed that the City would be provided the sub - watershed stormwater
management data on the area. The MC" will provide the City with information and
assistance on stormwater management from the plans developed on the pond. Jabbour
also asked if the City would receive any credit for the pond which could be used towards
CoRd 15 mitigation. Gaffron said existing wetlands were being changed but no new ones
being created; hence, no mitigation potential is likely, and the County would be
responsible for addressing it on CoRd 15. LaBounty interjected that the Corp of
Engineers would need to determine what mitigation needs are to be done by the MC".
He added that the open water would not be considered wetland so there would be a need
to mitigate. LaBounty said this was part of a regional plan. Jabbour asked if the City
was considered a part of it, could it be used for mitigation. LaBounty said the pond
would result in a negative wetland calculation so could not be used for mitigation
purposes.
Callahan asked why the CUP and variances were requested at this time since the project
was not slated until 1998. He reiterated on the one -year time frame for approvals.
LaBounty responded that it was the feeling of the MC" that it would be best to gain
approval as part of a whole project. He noted that there would be no reason to treat the
lake with alum if the pond was unable to be created. The alum treatment is scheduled for
this summer. LaBounty commented that the treatment would close the lake for a short
time and an additional 3 -5 weeks for settlement of the alum. The time frame for •
construction of the pond is about 1 -3 weeks. LaBounty said the Deerhill Road pond,
which is larger in size, could take 5 weeks to complete.
LaBounty reported that the grading and silt fencing was commenced for the Medina pond
this week. The Long Lake Park pond should be completed this week. Plans for the alum
treatment were now being made. LaBounty noted the presence of Mayor Callahan at the
ground breaking.
Kelley inquired whether Medina had reached a cooperative agreement with the MCWD.
LaBounty said an agreement would be needed within 90 days. If one is not reached in
that time, the MC" will be responsible for the pond maintenance. Kelley asked why
the City would want to take over the pond maintenance. LaBounty cited several reasons
with the use of furloughed personnel during slow times, control within one's own city,
and the selling aspect of the good of the project to the community.
Kelley asked what the budget was for maintenance. LaBounty said the total project
annual cost is $62,000, which includes all of the ponds, two in Long Lake, two in Orono,
and two in Medina.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
• ( 98 - 42059 MCWD - Continued)
Jabbour questioned the reliability of this information. LaBounty said the information is
based on a cooperative agreement with Long Lake and a contribution, which would be
reviewed in five years. The cost looks at the project as a whole, not just the part that is
within a particular city.
Jabbour said he would like to break the land use issue from the cooperative agreement as
he is worried about the tax portion noting the original agreement requested an 80%
participation by Orono when aerators were being considered. LaBounty said he was not
involved in that agreement and could only address the last agreement that was drawn.
LaBounty said the MCWD would pay 50% with the remaining half paid in thirds by the
three cities involved, Long Lake, Orono, and Medina. Jabbour noted that the Council
had agreed only on an amount of $2000 towards maintenance. He noted that the
remaining $32,000 with amounts of $10,000 or $7,000 or 1 /3rd's would still be collected
through assessment if agreements were not made. Jabbour commented that the City
would either be paying upfront or through taxpayer assessment.
LaBounty told the Council that the cooperative agreement with Long Lake was for a
_yearly contribution of $7,000. The MCWD will reimburse any amount if maintenance
totals are under the specified contribution. LaBounty reported that the sub - watershed
district data compiled by the MCWD will be given to Long Lake to use for their
• watershed #509 stormwater management plan.
Kelley asked who gets billed by the MCWD for the maintenance. LaBounty said there is
an escrow fund of $50,000 - 100,000 for major clean out of the ponds. Callahan asked
how often this would be required. LaBounty said it would depend on how well the best
management practices were put to use.
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Callahan noted that it was the Council's responsibility today to deal with the CUP and
variances. He commented on the expensive undertaking without the clear benefits
known. LaBounty cited the results of the Gleason Lake project where monitored results
are higher than what was expected. Callahan said he generally appreciated the project
but noted its high cost.
Goetten said she was concerned with the granting of a permit to be allowed to extend
over the normal one year period. Mabusth responded that the project was inactuality
beginning this summer with the alum treatment. LaBounty commented that the Pearce's
had wanted to know at this time what to expect and that the process was locked in and
guaranteed to occur. Goetten said if part of the project was occurring this year, then she
had no problem with granting approval for that portion occurring in 1998.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
( #8 - 92059 MCWD - Continued) •
Kelley asked why the project was not slated for 1997. LaBounty said it was the wish of
the Pearce's to wait until 1998, as Mrs. Pearce asked for a time to adjust to the change.
Gaffron reported that the City Attorney, Barrett, had requested confirmation of the
easement from the Pearce's to the MCWD, notation of findings in the resolution, and for
confirmation that the Pearce's were aware of au or the conditions. LaBounty agreed and
said the easement had been filed on this date.
Jabbour moved, Kelley seconded, to adopt Resolution #3664 granting variances and
conditional use permit to Minnehaha Creek Watershed District for construction of a
detention pond on the William R. Pearce property at 1485 Sixth Avenue North.
Kelley said he was concerned with the issue of financing and the City's need to be aware
of the environmental and financial consequences. Kelley asked LaBounty for
confirmation that the maintenance would be an annual routine maintenance estimated at
$62,000 annually with $30,000 gained through city participation by mutual agreement.
LaBounty said it was a pace- setting agreement. LaBounty was asked if no agreement
was reached, if the assessment would be to Orono residents, over the whole watershed or
sub - watershed district. LaBounty said it would not be from the same residents but the
sub - watershed. The whole watershed covers 180 sq. miles in Hennepin and Carver
Counties. The $7,000 or $10,000 would be assessed over Orono but could only be •
assessed to the sub - watershed. Kelley asked if the assessment would be in the 5 year
period and was informed it would be. If the cost is less, the assessment would be
reduced. Kelley asked if there was perpetuity or could the percentage change. LaBounty
said the amount would not go any higher.
LaBounty commented on the expense relating to the 509 data, which would be given to
the cities if cooperative agreements were reached, estimating their worth at $50,000.
Jabbour said the information should be part of the MCWD's representation to the city.
LaBounty agreed but noted the need to go on digital computer.
Jabbour said he was happy with the project and asked LaBounty to encourage Medina to
use best management practices to eliminate phosphorus from entering the Orono area.
LaBounty responded that the 3 -4 times larger size pond in Medina was such to collect
sediments to eliminate the problem. He also noted the work being done with Medina to
reach a cooperative agreement within the next 90 days.
Vote: Ayes 4, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY S, 1996
• MAYOR/COUNCIL REPORT
Mayor Callahan reported that the recent Mayors' Breakfast was well attended.
Callahan noted that the Highway 12 project manager was reassigned to another position.
Jabbour informed the Council that he was initiating work with the legislature on
mandatory licensing for watercraft operators noting that there is no vehicle by which a
driver can be removed from driving a boat. Goetten suggested mandatory education.
Mayor Callahan asked Council members to give any suggestions- for change to the
language of the MUSA amendment application to Gaffron immediately. All Council
members agreed that it was imperative to turn the application in as soon as possible.
Gaffron informed the Council that a public hearing for the MUSA amendment was going
to be held next Tuesday at the Planning Commission meeting. The Council will need to
formally adopt the amendment at a later date.
Jabbour commented that with the low interest rates, it was prudent to go forward with
the MUSA amendment and related sewer projects. He was concerned with any
duplication of costs if delays were made, citing the example of a proposed holding tank
for the ice arena. Jabbour asked if a letter had been received from the hockey association
• in this regard. Ciaffron said no letter had been received, but he had been advised by the
association to go ahead with sending the application in without it. Gaffron said he had
suggested that a joint letter be written from the Orono Hockey Association and the
School regarding the ice arena plan and the MUSA amendment. Jabbour noted that
several legislators have voiced their approval of the ice arena.
Hun asked that the issue be discussed with Mary Hill Smith. Callahan said the
application would be submitted immediately but a discussion would be set up with Mary
Hill Smith.
Callahan asked Gaffron to send the application in immediately and extended his
appreciation for a job well done.
ENGINEER REPORT
( #9) PAY REQUEST #6 BROWN ROAD/WATERTOWN ROAD
Kelley moved, Jabbour seconded, to approve payment of Request #6 for the Brown
Road/Watertown Road Improvement Project to Buffalo Bituminous in the amount of
$49,209.69. Vote: Ayes 4, Nays 0.
Cook reported that this payment was for regular scheduled work but a change order
is could be expected at the next Council meeting.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
CITY ADMINISTRATOR'S REPORT •
( #10) DNR SALE OF STRALEY PROPERTY
Moorse advised the Council that the DNR has now made the Straley property available
for sale to a number of governmental entities prior to opening it up to public sale. The
cost of the property has been set at $183,546.
Kelley voiced his concern with the purchase of this property. Callahan pointed to the
zoning codes that apply to the property.
Jabbour noted that the DNR had requested of the City that the property be changed to
commercial zoning or possible commercial development within residential zoning, such as
multiple housing. He noted other properties to the east were also for sale. Jabbour felt
the only fail safe measure was to ask the DNR to initiate a covenant stipulating the
property is for residential use only. It was commented that there is B -2 zoning nearby on
both sides of this property.
Callahan commented that the property is zoned residential now, and there was a
possibility that the owner would want a PUD.
Moorse was requested to send a letter near the January 18 deadline to the DNR asking
the City be notified if any other agencies respond to the offering, note the City's strong is
position that the property remain residential, and urge the DNR to add a residential
covenant on the property's chain of title. Callahan asked that the DNR be reminded of
the August 3 letter listing the restrictions on the property.
Callahan directed Moorse to write the letter and noted the Council was not interested in
purchasing the property at this time.
The Council agreed that interest in purchasing the property was possible if a large
donation was given.
Barrett confirmed the January 18 date deadline for interest to be expressed in purchasing
the property by the five governmental agencies.
( #11) 1996 APPOINTMENTS - RESOLUTION #3665
Kelley moved, Goetten seconded, to approve Resolution #3665 for 1996 appointments.
Vote: Ayes 5, Nays 0.
( * #12) 1996 PARK COMMISSION LIAISON SCHEDULE
Callahan moved, Jabbour seconded, to approve the 1996 Park Commission Liaison
Schedule. Vote: Ayes 4, Nays 0. •
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
( * #13) 1996 APPLICATION FOR COVERAGE UNDER THE LMCIT SELF -
INSIIRANCE WORKER'S COMPENSATION PLAN
Callahan moved, Jabbour seconded, to approve the 1996 Application for Coverage under
the LMCIT Self - Insured Worker's Compensation Plan and award the 1996 worker
compensation insurance to the LMCIT for the initial net premium of $30,583, effective
January 1, 1996. Vote: Ayes 4, Nays 0.
( #14) ORONO HOCKEY BOOSTERS, INC. - APPLICATION FOR ONE DAY
OFF -SITE GAMBLING PERMIT - RESOLUTION #3666
The application is for a one day off -site gambling permit to enable the Orono Hockey
Boosters to hold their annual raffle and pancake breakfast at the high school. City
approval is needed prior to gaining State approval.
Kelley moved, Jabbour seconded, to adopt Resolution #3666 approving the application
of the Orono Hockey Boosters, Inc., for a one day off -site gambling activity (raffle) at
the Orono High School on January 21, 1996, Vote: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Barrett requested an Executive Session to discuss upcoming litigation.
( * #15) LICENSES
Callahan moved, Jabbour seconded, to approve the following license applications: Vote:
Ayes 4, Nays 0.
Residential Kennel License
Commercial Kennel License:
Horne Occupation License:
Initial Application
Special Event Permit:
Spring Preview
Parade of Homes
Stephen G. Esco
320 Big Island
Willi Hoyes and H. Zohara
565 Hanlon Avenue
The Dog House Boarding Kennels, Inc.
Brian Fulmer
3505/3507 West Wayzata Boulevard
Maryanne Ebert
1680 North Farm Road
Kyle Hunt & Partners, Inc.
710 Gander Road
March 9 -24, 1996
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JANUARY 8, 1996
( * #16) BILLS
Callahan moved, Jabbour seconded, to approve payment of the All Funds Account.
Vote: Ayes 4, Nays 0.
ADJOURNMENT
Mayor Callahan adjourned the meeting to Executive Session at 8:30 p.m.
_ ' 7J.Cal • Mayor
ATTEST:
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