HomeMy WebLinkAbout04-22-1996 Council MinutesORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 22, 1996
• ROLL
The Council met on the above mentioned date with the following members present:
Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour,
JoEllen Hurr, and Charles Kelley. Representing Staff were Public Works Director John
Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and
Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn
Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:02
p.m.
( #1) AWARD OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING BY ED BURRELL, REPRESENTING THE
FINANCE OFFICERS ASSOCIATION
Steve Hauer, member of the Executive Committee, Minnesota Chapter of the
Government Finance Officer's Association of the United States and Canada, presented
the award for Ed Burrell. The award, for the Comprehensive Annual Financial Report
for the Year Ended December 31, 1994, was presented on behalf of the City to Tom
Kuehn, Finance Director, and his staff, Chris Miller, Assistant Finance Director, and John
Olson, Management Analyst- Accountant. Hauer said the certificate is presented to
recognize and encourage excellence in financial reporting and that the report gave a clear
• and thorough view of the financial picture of the City of Orono and went beyond the
standard requirements of generally accepted accounting principles in order to enhance the
understanding of the city's financial status. The attainment of this award represents a
significant accomplishment of the City and its management. Hauer said Orono is one of
only 244 cities nationwide with populations under 10,000 that has received this award.
Callahan said the City is proud of its achievements and its financial status and expressed
his appreciation for the efforts of the finance department staff.
( * #2) CONSENT AGENDA
Items #6, 8, and 12 were added to the Consent Agenda.
Huff moved, Goetten seconded, to approve the Consent Agenda as amended. Vote:
Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
( #3) PUBLIC HEARING - VARIANCE TO MORATORIUM - #2132 ORONO •
HOCKEY ASSOCIATION, 1425 OLD CRYSTAL BAY ROAD NORTH -
VARIANCE - RESOLUTION #3718 - 7:10 -7:22 P.M.
Mabusth reported that the Orono Hockey Association has applied for a variance to the
moratorium as the moratorium prohibits the City from granting a conditional use permit
or building permit on property located within the Highway 12 corridor study area. The
proposal for the ice arena on the 4.4 acre parcel would require variance for setback for
the parking lot, variance to the number of parking stalls, and a variance for signage area.
Mabusth stated that the moratorium only applies to the granting of the building permit,
not in the application for a CUP. Mabusth asked the Council if they would consider
review of the conditional use permit at their May 13 meeting.
Callahan said he had no problem with the variance to the moratorium as the property
itself is not affected by the Highway 12 corridor. However, Callahan was not in favor of
viewing the conditional use permit itself Callahan asked to poll the Council members
regarding considering the application before the outcome of the MUSA line application
has been received.
Jabbour moved, Hurr seconded, to approve Resolution #3718 for the variance to the
moratorium based on the fact that it was not the intent of the moratorium to affect this
particular parcel of land.
Mabusth asked that the application fee be refunded excluding the cost of publication as •
was the case in the recent Meinhardt application. Callahan said the Meinhardt application
did not require any variance but that to the moratorium. Mabusth informed Hurr that the
future engineering costs, which will be incurred, would be recorded, and the refund
would be for any overage in the amount collected.
Barrett asked that the motion be based on a reason as listed on page 2 and 3 of the
moratorium ordinance by which a variance to the moratorium can be granted. Mabusth
said the reason for the variance is set forth as findings within the resolution.
Huff asked that the resolution exclude the term, "to permit," and change it to say, "to
consider the granting ".
Callahan asked that the statement, "the Planning Commission unanimously approved the
conditional use permit ", be removed from the resolution.
Jabbour amended his motion to include the above two listed changes.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
( #3 - #2132 Orono Hockey Association - Continued)
• During public comments, Roger Zeeb 2905 6th Avenue North asked the
$ Council for the
reason for the variance. Callahan said the variance was to a moratorium for development
through out the area. The intent of the moratorium is to consider future development as
a whole but not for review of individual parcels of land that have been developed. The
variance for the application in question is being considered because there is no intent to
make changes to the comprehensive plan or zoning code for this property. The granting
of the variance to the moratorium allows the applicant to apply.
Zeeb asked if the large building on the small lot would have a bearing on approving the
variance. Callahan said the particulars have no relation to the moratorium on Hwy 12.
Changes to the zoning or ordinance for zoning would be considerations within the
moratorium.
Goetten clarified that the decision on the variance to the moratorium has no affect on the
actual review of the application.
Vote: Ayes 5, Nays 0.
Jabbour asked the Council to speak philosophically on whether they should review an
application, which is affected by the MUSA line application, before the MUSA line has
• been changed.
Mabusth informed the Council that the Met Council is considering separating the ice
arena project from the remainder of the MUSA application for expedited action.
Mabusth said the Met Council would not act on the school property until Orono and
Long Lake have resolved the downstream sewer capacity issue.
Jabbour noted that it would be beneficial for Staff to know the opinions of the City
Council regarding granting a conditional use permit subject to the MUSA line change
approval or delaying the application until the decision is known.
Callahan noted the Met Council application decision is of a political nature. He noted the
Council is in favor of the MUSA application including those units not within the school
property and those in the school property.
Cook asked the Council to understand that the sewer units to the ice arena and school
property as well as the property north of Long Lake all go through Long Lake. He noted
Long Lake is concerned regarding sufficient sewer capacity to serve the project. Cook
said the capacity is a valid concern. With a limited capacity, there may be a problem with
the number of units available to serve the ice arena. Cook said it may be necessary to
ration the units in relation to the proposed sewer projects in the north Long Lake area,
the ice arena, and any other projects that would affect the capacity of the sewer trunk
is system through Long Lake.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
( #3 - #2132 Orono Hockey Boosters - Continued) •
Callahan said he did not feel the Council should consider the conditional use permit and
lock in to a number of sewer units until it is known how many are available. He also
hesitates to allow the Met Council to consider the school property separately and grant
sewer units to that property alone when it is unknown whether there will be enough
sewer units for the north shore of Long Lake. Callahan said it would be irresponsible to
consider the application even if all are in favor of the application itself.
Kelley inquired when the capacity would be determined and who would make the
determination. Gaffron said a specific number of sewer units were historically allocated
to Orono, Medina and Long Lake. He noted that Long Lake and Orono have begun
metering the existing sewer lines to see what capacity remains. Gaffron said he was
advised by Moorse that the information on capacity should be back by mid May.
Cook said the metering will allow the cities to know what segments of the interceptor
line need to be upgraded. The City is allowed up to 216 units. Cook said the flow
monitoring currently being done started in mid April and should take about a month.
Callahan noted that Medina also has claims on the capacity. Cook confirmed that Medina
is part of the agreement.
Jabbour said Long Lake asked Orono last year to participate in a metering effort, which •
the City declined. He said he is concerned with installing a second line and noted it is
also a concern to the tax payers.
Callahan said Long Lake is of the belief that there is more water flowing through the pipe
than is thought. Cook said the flowage is at 70% of what is allocated. Cook said the
70% is based on flow data and is enough to handle the 216 units but no additional. The
number of unused units at this time according to Gafiron is approximately 45 on paper.
Jabbour noted the bond money that was set aside to pay for the increased units. He
asked the location of the pipe. The pipe is located on the east side of Washington
Scientific and travels south to the railroad track, under Willow, and joins Long Lake at
the metering area on the east side of Willow Drive.
Jabbour asked if the pipe was big enough to handle the expected amount of additional
flowage. Cook said the pipe was inadequate and sections need to be replaced. Cook said
the best plan is to utilize the lines that have the capacity and replace the sections that do
not. He noted the pipe from Watertown to the lift station will probably need to be
replaced. The flow monitoring should identify the problem areas.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
• ( #3 - #2132 Orono Hockey Boosters - Continued)
The question of a school referendum being passed and affecting the sewer units with the
construction of a new building was brought forward. Kelley questioned whether the
school could request additional sewer units directly from the Met Council. Callahan said
the school cannot go directly to the Met Council.
Council asked Mark Engebretson, representative of the Orono Hockey Association, on
his view of the sewering issue. Engebretson said they were prepared to install a septic
system. The association had based this on the project taking a relatively shorter amount
of time than the current outlook.
Callahan questioned whether the Council would want to separate out sewer units for the
ice arena without knowing whether the remaining sewer units will be available.
Engebretson calculated the number of sewer units needed for the rink to open would be
8 -10 units initially, increasing to 12 -15 units when all phases are completed. Engebretson
said it was his hope that the Association was not looked upon as being narrow minded
concerning this issue. Callahan responded that the Association has been straight forward.
Jabbour told Engebretson that the Association may need to consider alternative plans if
the available sewer units must be used instead to maintain a level of health to the north
Long Lake area. Hurr said she was unaware of what any alternatives would be as she
• said holding tanks would not be a consideration.
Kelley asked when the monitoring information would be available. Cook said the
information should be presented to the Council at their first meeting in June. Kelley
suggested to Engebretson that their Association speak with Long Lake regarding the
sewer issue. He noted the concern with the water flowage through the pipes and only 30
units remaining out of 45 available in the original agreement.
Kelley asked if there was $600,000 in funds available to add the units. He was informed
that the money was earmarked to upgrade the system through Long Lake.
Kelley asked if the capacity could be added to get to the 216 units. Cook responded that
the City already has the 216 units and needs to determine how to get beyond that
amount.
Callahan and Hun both agreed, when asked by Kelley, that the CUP should not be
considered until the sewer capacity has been determined.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
( #3 - #2132 Orono Hockey Boosters - Continued) is
Planning Commissioner Peterson commented that the Planning Commission moved
forward with the CUP with the clear understanding that the sewer capacity had to be
resolved and sewer in before the project could begin. Engebretson acknowledge that it
was their understanding that the sewer units and capacity would be resolved before the
building permit would be made available. He asked that the Council continue with their
review of the project with the understanding that the issue is to be resolved.
Jabbour said he could not consider the project until the sewer issue was resolved.
Kelley said, although the application could not be approved, he was in favor of
continuing the review process as it would involve several meetings. He would like the
application brought to the May 13 meeting so as to keep the discussions moving forward
and not stop the process. Kelley noted the review could be stopped if the majority were
not in favor of the CUP or if the sewer issue becomes the problem. He asked that the
public be informed of where the Council stands on these issues.
Goetten said she saw the sewering as an integral part of the application and would like to
feel more comfortable with the sewer situation before moving forward with the
application.
Hurr questioned the 60 -day ruling. Barrett said the City has the right to extend the •
application in excess of the 60 days if the extension is approved by the applicant.
Jabbour said he was willing to review the application. He commented that the City has
been looking at the possibility of an ice arena since 1992, and it is not a new concept as is
thought by some people. He noted the necessity of treating all applicants alike. He was
concerned with being pressured to move forward without all the information.
Cook said the problem with the sewer line is not new, as it was studied in 1989. He said
it was a matter of fine tuning the problem. Cook said the unknown is whether the
theoretical numbers match the actual numbers. When that is determined, then the City
can move forward. He noted there is the question of coming to an agreement with
Medina and Long Lake regarding increasing capacity.
Callahan said there is also the question of cost and how to meet the cost. He said the
data to be received in June may help clarify but not necessarily solve the problem.
Callahan noted that 4 out of the 5 Council members were not in favor of moving forward
with the review of the application.
Engebretson said he would prefer that the Council wait to continue the review of the
application until the outcome of the sewer line was known and said he preferred a
traditional review.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
APPROVAL OF MINUTES
•
( * #4) REGULAR MEETING OF APRIL 8, 1996
Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council
Meeting of April 8, 1996. Vote: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS
Park Commissioner Lili McMillan was present. She had no report at this time.
During discussion of the Shade Garden Donation (agenda item 910), Callahan asked
McMillan to include an official recognition of the park bench at Crystal Bay Park, which
was built by Boy Scout Jason Christenson, during the Park Tour on June 3, 1996.
McMillan noted the trend in golf courses to leave more areas of natural plantings and
elimination of some mowing. She felt this could be considered for incorporation at the
golf course in the future. The up front cost would be greater but would lend itself to less
maintenance. The pros and cons of mowing were discussed. Kelley noted it was a
matter of course management.
PLANNING COMMISSION COMMENTS
• Planning Commissioners Steve Peterson and Dale Lindquist were present.
Hurr asked Peterson to comment on possibly changing the number of meetings held each
month by the Planning Commission. Peterson said the Commission would be willing to
have two or more meetings a month when the agenda warrants it, but the Commissioners
would rather the policy remain as it now stands.
Jabbour commented that he had brought the issue up due to the sometimes lengthy
process for an application. He asked that zoning issues be brought to the Council on a
more rapid or consistent basis. Mabusth noted, when votes are not unanimous, it
sometimes hinders an application moving forward to the next meeting.
PUBLIC COMMENTS
( #5) TERESA FOGARTY - WESTONKA AREA CHAMBER OF COMMERCE
Teresa Fogarty, Director of the Westonka Area Chamber of Commerce, reported that an
economic local focus committee had suggested signage be installed in each represented
community to encourage the residents to solicit the area merchants. She asked the
Council to consider the concept. No signage has been developed at this point. There
would be one metal -type sign for each of the communities, which would be installed at a
. strategic location within each city. The Chamber will pay the cost for the signs.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
( #5 Teresa Fogarty - Continued) •
Callahan said he would like to see the design of the signs.
Jabbour said he would be in favor of such signage if the merchants in the city collectively
decided to market themselves as a group.
Fogarty said the sign will be designed and presented at a later date to the Council for
their approval.
Fogarty also presented the City with a banner recognizing the maiden voyage of the
Minnehaha on May 25, 1996. She asked the City to hang the banner in support of this
endeavor with the cities of Excelsior and Wayzata.
ZONING ADMINISTRATOR'S REPORT
(- #6) #2098 EVA THEOBALD, 4104 HIGHWOOD ROAD - VARIANCES -
RESOLUTION #3719
Hurr moved, Goetten seconded, to adopt Resolution #3719, granting lot area, lot width,
75 -250' hardcover, front (street) and side setback variances to Eva Theobald at 4101
Highwood Road for replacement of the existing residence with a new home. Vote: Ayes
5, Nays 0. •
MAYOR/COUNCIL REPORT
Hurr asked Gaffron to inspect Lakeside Marina to ensure that the marina is in compliance
with ordinance regarding use of styrofoam dock floats. Gaffron said he is awaiting a
1996 license application as well as conditional use permit application from Lakeside,
although he has been advised that the styrofoam conversion is complete. Gaffron will
submit a report on the marinas on May 13. Hurr volunteered to assist with the
inspections if needed.
Jabbour asked Staff to look into fire safety inspections within the Long Lake fire district
to ensure there are no hazardous areas within the businesses. He is concerned with the
possibility of such hazards in practice. Gaffron will follow up on Jabbour's request that
such inspections be conducted by the fire marshall.
Hurr asked that box lunches be provided for the Council on Wednesday evening due to
back to back meetings at the school and Board of Review following in the Council
Chambers. Goetten asked, and Callahan volunteered, for a Council member to stay the
entire length of the first meeting to represent Orono before proceeding to the board of
review meeting.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
• (Mayor /Council Report - Continued)
Callahan inquired about the installation of a sign on Scotch Pine Road. Gaffron was
unaware of any signs but did note the road being converted to a private road.
Jabbour informed Kelley of a Staff memo regarding no agreement being made with the
DNR on the Maxwell Bay access. Jabbour said he asked the DNR to address the
concerns. The DNR said a change in law allows them to reimburse the City for the tax
loss without a signed cooperative agreement. The DNR has addressed the issues of
concern and will remove the docks in the winter months and block the ramp as well as
approach other cities for lake access.
Kelley was informed the final house on the DNR acquired property will be removed in
June. The other land nearby has not yet been sold and will go on public auction in June
via a sealed bid process.
Council asked Staff to report to the Council on the issue of fire lanes.
Goetten asked Gaffron if there was a time frame in which a sewer line problem must be
repaired. Gaffron will ask the building inspector to call Goetten on this particular matter.
Hurr said she has received calls on work being done on a property on Shoreline Drive
• and asked Mabusth for an update. Mabusth said work was being done on a lower level
of the residence.
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Kelley inquired about meeting to discuss the TSM Proposal by Mn/DOT for the Hwy 12
Corridor. Callahan noted that a meeting was held with the consultant, City Attorney and
administration last week. He said discussions will be held on the information relayed in
the report. Kelley asked if there are plans to study the ESI study. Callahan informed him
that the City's intention is to respond to the current TSM plan being proposed.
The TSM proposal was announced on April 22. A policy meeting is scheduled for April
24 with an open house scheduled for April 29.
Jabbour said the corridor plans have been dropped beyond CoRd 6. Jabbour said it is
important for the Council members to understand how the scope of the project relates to
the City of Orono.
Jabbour invited the Council, Staff, Planning and Park Commissioners to Big Island on
May 4, 1996.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
ENGINEER REPORT
•
( #7) BID AWARD - KELLY AVENUE SEWER IMPROVEMENT PROJECT
Cook reported on the storm water project on Kelly Avenue. Public information meetings
were held with the residents. The residents were not in favor of the proposal of assessing
for pumping water out of the pond but did favor the road being raised and updating the
sanitary sewer. It was reviewed and decided that the sewer line to the east should be
replaced. This would allow the line to be moved from its location under the pond.
Goetten inquired about the easement costs, which was a separate issue, and an additional
cost. Gerhardson said the cost of acquiring easements on three separate parcels is about
$4,300.
Cook reported that the low bid to replace the sewer line to the east was by Widmer, Inc.,
at a cost of $40,595.50.
Hurr moved, Kelley seconded, to award the bid for the Kelly Avenue area sewer project
to Widmer Inc., at a cost of $40,595.50 to be funded from the Sewer Fund Operating
Budget ($18,000) and from the Sewer Fund Capital Outlay Budget ($22,595.50), and
amending the Sewer Fund Capital Outlay Budget to include the additional $22,595.50
expenditure. Vote: Ayes 5, Nays 0.
Goetten was informed by Cook that the project would be completed by the end of July, •
1996. Hurr asked that the neighbors be notified.
CITY ADMINISTRATOR'S REPORT
( * #8) SEASONAL EMPLOYMENT - GOLF COURSE
Hurr moved, Goetten seconded, to approve the seasonal employment of Thomas Docken
as Groundskeeper Helper at a rate of $6.25 per hour, effective 4/27/96, and Jan Blair as
Counter Helper at a rate of $6.00 per hour, effective 4/23/96. The positions shall not
exceed a six month time period from first date of employment. Vote: Ayes 5, Nays 0.
( #9) LOCAL SAC AND WAC CHARGES - ORDINANCE AMENDMENT #146,
2ND SERIES
Gerhardson reported that the Council previously asked Staff to review the SAC and
WAC charges. The Staff is forwarding their recommendation to add charges to non-
residential properties for increased or additional usage. Mabusth added that the charges
were for new use or for intensification of non - residential properties or new development
due to demolition of properties.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
• (#9 SAC and WAC Charges - Continued)
The suggested fee is comparable to the metro SAC charges established by the
Metropolitan Council Wastewater Services of $900 per unit.
Hurr moved, Goetten seconded, to adopt the proposed ordinance amendment 4146, 2nd
Series, to the 1996 Fee Schedule. Vote: Ayes 5, Nays 0.
( #10) SHADE GARDEN DONATION
Goetten commented that the donation was a wonderful idea and a very appreciated offer
from Mr. Abbott. She asked that a formal dedication be scheduled and encouraged other
residents to consider the donation of gardens. Gerhardson will look into the request for
the formal dedication.
Jabbour moved, Callahan seconded, to accept a donation from Mr. James Abbott, 1000
Brown Road South, for an amount of $1,860 to construct a shade garden at the Orono
Golf Course. Vote: Ayes 5, Nays 0.
( #11) EQUIPMENT PURCHASE - GOLF COURSE
Gerhardson reported that the purchase of the Tee mower for replacement was budgeted
• in 1995. A test was performed on the equipment during the later part of summer. It was
decided at that time to make the actual purchase during 1996 in order to extend the
warranty period.
•
Hurr moved, Goetten seconded, to purchase one National Hydro 70 Triplex Tee Mower
from North Star Turf for an amount of $11,709.68. Vote: Ayes 5, Nays 0.
Kelley asked if the golf course superintendent has discussed what the best products are
with other superintendents in the area. Gerhardson said the superintendent meets with
other superintendents monthly and trade such information.
( * #12) PARK INTERN EMPLOYMENT
Hurr moved, Goetten seconded, to authorize the hiring of a summer park intern at a rate
of $8.00 per hour for a cost not to exceed $3,500, to be funded from the Park Dedication
Fund. Vote: Ayes 5, Nays 0.
( #13) ADMINISTRATION OFFICE COPY MACHINE REPLACEMENT
Gerhardson reported that Gaffron researched the copy machines available and made his
recommendation.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
( #13 - Copy Machine Replacement - Continued)
Jabbour noted a 5% preference cost associated with equal, American made products.
Hurr moved, Goetten seconded, to approve the purchase as budgeted from the
Improvement and Equipment Outlay Fund, of the Minolta 6000 copier from CDP at a
cost of $15,254 (plus tax) and to enter into a long -term package maintenance agreement
with CDP. Vote: Ayes 5, Nays 0.
( #14) APPOINTMENT OF CSO
Hurr inquired how many hours per week the Community Service Officer would be
working along with how many hours are worked without receiving benefits. Gerhardson
said he would pass this information on to Hurr and noted the City follows personnel
policies. It was noted that this is a part-time position.
Hurr moved, Goetten seconded, to approve the hiring of Michelle Alexander as part-time
Community Service Officer, effective 4/19/96, at a salary of $7.30 per hour, with no
benefits. Vote: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Barrett had no report.
( * #15) LICENSES
Hurr moved, Goetten seconded, to approve the following license: Vote: Ayes 5, Nays 0.
Set Up License Don Scherven
Navarre Lanes
3435 Shoreline Drive
( * #16) BILLS
Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote:
Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON APRIL 22, 1996
• ADJOURNMENT
Hurr moved, Jabbour seconded, to adjourn the meeting at 8:45 p.m. Vote: Ayes 5, Nays
0.
ATTEST:
Dorothy M. 1Iagin, City Clerk
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Edward J. Cal a n, r., Mayor
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