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HomeMy WebLinkAbout05-28-1996 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR MAY 28, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, JoEllen Hurr, Charles Kelley, and Gabriel Jabbour. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Assistant Zoning and Building Administrator Michael Gaffron, Public Works Director John Gerhardson, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:04 p.m. RECOGNITION - CANDACE ROWLETTE Candace Rowlette, a Planning Commissioner from December, 1990, to December, 1995, was recognized for her dedication and service to the City of Orono. Mayor Callahan presented Rowlette with a plaque in appreciation of her years of service. Jabbour noted that Rowlette's service went beyond the role of a Planning Commissioner, citing examples of serving on the Lake Use Committee and working with the merchants in the area. ( * #1) CONSENT AGENDA Item 48 was added to the Consent Agenda. Jabbour moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: is Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF MAY 13, 1996 Jabbour moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of May 13, 1996. Vote: Ayes 5, Nays 0. ( * #3) RECONVENED BOARD OF REVIEW MEETING OF MAY 13, 1996 Jabbour moved, Kelley seconded, to approve the Minutes of the Reconvened Board of Review Meeting of May 13, 1996, Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Chair Flint was in attendance and had no comments at this time. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 PUBLIC COMMENTS • There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #4) 1996 JOINT USE DOCK LICENSE: ENLOW/LINDAHL/MANDEL - RESOLUTION #3726 Jabbour moved, Kelley seconded, to adopt Resolution #3726, directing Staff to issue a Joint Use Dock License to the Owners of Provertv at 3155 North Shore Drive, 3185 North Shore Drive, and 1406 Bohn's Point Road for the period of January 1, 1996, to December 31, 1996. Vote: Ayes 5, Nays 0. ( #5) 1996 MARINA LICENSES: WINDWARD MARINA MINNETONKA BOAT WORKS SAILORS WORLD NORTH SHORE MARINA Gaffron reported that 4 of the 5 marinas have made application for 1996 licenses, and Staff is recommending approval of same. Hurr said the conditions of approval were good and asked how often the marinas were • evaluated for these conditions. Gaffron said the conditions were checked vearlv but noted that the building inspectors relayed their comments on the marinas when they were in the area. Hurr said it was important that boats not be stored in the no parking areas and asked that the marinas be visited more often. She noted that the LMCD will be taking a more aggressive stance in checking marina compliance. Callahan asked if Staff felt the recently revised ordinance and regulations resulted in improvements or no change. Gaffron said very has changed as a result of the ordinance. He noted that North Shore Marina and Lakeside have still not complied with application for CUP and expects only one of the marinas will comply. Gaffron said Jim Dunn of Lakeside said he would apply last week but has not. Gaffron is meeting with Richie Anderson of North Shore Marina next week. Jabbour said he has spoken with people with Minnetonka Boat Works. He was asked if the City was going to adhere to the ordinance. They questioned whether all of the marinas were on an even playing field, or if money has been spent on making dock conversion improvements for naught. Gaffron said the example cited, regarding encasement of styrofoam docks, was not a good one, noting other marinas have come into compliance regarding the conversion. However, he indicated Jabbour's point was well taken. Jabbour questioned how the marinas are made to comply. n �J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 • ( #5 Marina Licenses 1996 - Continued) Callahan asked about marinas operating without licenses. Gaffron said North Shore has applied but Lakeside has not. As far as the CUP's, Minnetonka Boat Works and Windward do not need one, Sailors World received a CUP last year, and North Shore Marina needs a CUP for dry stack and its caretaker unit. Lakeside needs a CUP for all five conditions listed in the ordinance. • Callahan noted with the granting of licenses, all will then be licensed. Gaffron said one, Lakeside, has not applied, and will be in violation of the code. Callahan remarked that if other residents operate without a CUP, the City would follow through on it for compliance_ He asked Gaffron what can be done about the marinas who have not applied for a CUP. Gaffron said legal steps would be taken if the marinas are unwilling to comply, and the court would require compliance. Hurr said she did not believe Lakeside should be allowed an extension, and asked why a license would be Granted if the marina has not applied for a CUP. Gaffron said licensine under the revised code is separate from the CUP requirement, noting there are 7 conditions to be met. He commented that if a marina does not make application for a license, it cannot be granted. Callahan clantied that since a CUP is not a condition of licensing, a license would still be granted. • Jab bour asked that licensing compliance be enforced and asked for Staff to proceed with action on marinas operating without a required CUP. Gaffron said he would send a letter to marinas in need of CUP noting the need to make application before the next deadline date of June 21. Hurr requested a shorter deadline date. Callahan asked Staff to proceed with action on Lakeside Marina regarding their 1996 license as they are in violation of the ordinance. Gaffron noted that a 1995 license was not issued or review done as the marina was out of compliance with the styrofoam conversion requirement. Jabbour inquired about late fees ($100 for license) and asked Staff to reconsider the amount of the fee. He cited the example that after - the -fact fees are double the base fee. He reminded the Council of the court settlement and court order regarding not issuing licenses or CUP beyond what former Council worked out. Gaffron noted a difference in view between the City and the LMCD on dry-stack licensing. c MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 ( #5 Marina Licenses 1996 - Continued) is Kelley asked what the next step will be and the process which will be followed; for instance, if Lakeside Marina is issued a citation tomorrow. The two marinas operating without making application for CUP will be sent a letter informing them the Council expects compliance. If the deadline date of 6/21 is not met, they will be tagged the following Monday, 6/24, by the building inspector. Meanwhile, the City will prepare information to be given to the City's prosecuting attorney. Gaffron said failure to comply is a misdemeanor with a possible fine of $750 or up to 90 days in jail; although, it is unlikely the court would assess more than a small fine. If no compliance, then a court date would beset with a judge making a determination. Callahan noted if a judge sees a repeated offender, they will take a stronger view. This procedure will allow the documentation process to begin. Callahan moved, Kelley seconded, to direct Staff to issue 1996 commercial marina licenses to Windward Marina, Minnetonka Boat Works - Orono, Sailor's World Inc., and North Shore Marina subject to continued compliance with the minimum operation standards. Vote: Ayes 5, Nays 0. Lakeside Marina will be tagged immediately for failure to obtain or apply for a 1996 license, and letters will be sent to North Shore Marina and Lakeside Marina requiring compliance for CUP application. MAYOR/COUNCIL REPORT Hurr reported having spoken with Mike Markel regarding the Maxwell Bay access. • Property tax information for Crystal Bay Service and Gayles Marina was provided for discussion on loss of tax revenue to the City for determination of compensation to the City for loss of tax revenue. Callahan noted that since the DNR was willing to comply and only required to do what is written in the statutes, he appreciated what could be done. Jabbour said he was baffled with the LMCD budget regarding the income projection and receipt of interest from funds. He believed the principal for supporting the interest is missing. Jabbour said other cities must be involved in order to gain reform on the budget. Goetten inquired about scheduling a meeting with Long Lake regarding Highway 12 land use planning. Moorse said a tentative date of June 5, 1996, has been set but not yet confirmed. Jabbour said he appreciated the many positive comments being received regarding the police department. Hurr inquired if Staff has responded to a letter writer regarding a recent complaint. Callahan said he had sent the party a letter but asked Moorse to respons also. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 (Mayor /Council Report - Continued) Callahan brought the Council's attention to a draft, as well as a memo written by Moorse, regarding Highwav 12. He asked for comments on the draft concerning the Citv's objection to the inclusion of a south bypass, and /or a TSM alternative in Mn/DOT's continuing decision process. The City will send comments to Mn/DOT this week. Council commented on the number of letters received this week in reference to the Hwy 12 proposal. ENGINEER REPORT The City Engineer was absent from the meeting. CITY ADMINISTRATOR'S REPORT ( #6) LOWRY WOODS ACCESS EASEMENTS Moorse reported that the Park Commission had discussed access to Lowry Woods and have recommended acquiring a pedestrian access versus vehicular access. This is the least costly and has the least impact. Access through a small triangular parcel of land on the north side of Bayside Road is recommended. Staff would like authorization from the Council to approach the property owners regarding acquisition of easements. Two owners, one owning the triangular shaped land and another to gain access past the corner of the property, would need to be approached. Goetten asked why 20' was recommended. Moorse said the trail minimum would be 10' and the additional 10' would assist with maintenance and creation of a buffer zone. Hurr asked if Lowry Woods would be used for walking through. Flint said it would. The Park Commission is attempting to gain access in the most obtrusive way in order to make Lowry Woods available to the public. Goetten said it was unfortunate that it takes such large sums of money to gain access. Moorse said Staff will attempt to negotiate with the property owners noting there would be no impact on those properties to the south side of Bayside. Jabbour noted that there would be costs involved to the oroperty owners if they desired their attorneys to review documents. Kelley voiced concern with cars stacking up on Co Rd 84. He asked if the shoulder was large enough to support parked cars. Moorse said the road was not equipped for car parking, but it was not expected that those interested in enjoying Lowry Woods would be coming by car but by bike or walking. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 ( #6 - Lowry Woods Access - Continued) 0 It was noted that this property is in the 5 acre zoning. Outlot A is an alternate septic site for a property owner and has no building envelope. The owner of that property was approached regarding access but was not interested. In discussing a motion for acquisition of an easement, Flint said it was his experience that gaining fee title or easement resulted in a similar cost. Jabbour moved, Kelley seconded, to authorize Staff to negotiate the purchase of access via fee acquisition or easement to the Lowry Woods Nature Area at a cost not to exceed $6,000. Hun said she believed in land that people do not need to go on. She asked if there wasn't a value placed on such vacant land? Hurr said she understood the need to provide access but did not see this property having much use by the public. Jabbour noted that the City has access to the land for maintenance purposes. Callahan agreed, but said without acquisition or easement, the public could not gain access. Hurr asked what the cost of trails or policing would be. Flint said the plan was only to make the land accessible. No new trails will be developed. Hurr commented that any further development of Lowry Woods for any use would have to come back before the Council. Vote: Ayes 3, Callahan, Jabbour, Kelley; Nays 2, Goetten, Hurr. Motion passed. ( #7) OLD CRYSTAL BAY ROAD BIKE/HIKE TRAIL Moorse reported that the 1996 budget allowed for the completion of the bike /hike trail south of the railroad bed on Old Crystal Bay Road to Baker Park. It was to be paid for through a combination of funds from Orono, Hennepin Parks, and DNR grants. Plans were placed on hold due to the reluctance of Hennepin Parks to follow through with their participation due to concern of potential impact on Baker Park from an interchange at Co Rd 6 and Hwy 12. Tom O'Keefe of Mn/DOT met with Doug Bryant of Hennepin Parks on May 28 and discussed the design of the interchange. This discussion resulted in a reassurance to Hennepin Parks to keep the interchange out of Baker Park. Moorse said a meeting is scheduled with Bryant regarding continuance of the trail into Baker Park next week. He asked Council for their stance on whether Orono should move ahead with the trail at this time. Callahan said the City should proceed with at least a portion of the trail and continue discussions with Hennepin Parks. Kelley agreed that the trail should move forward as soon as possible. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 • (# - Old Crystal Bay Road Bike/Hike Trail - Continued) Hurr informed the Council of a piece of land, which has been under consideration for development but was found to lack access to water. She asked Staff to alert Mn/DOT of this land, which is about 7 acres in size and located at Townline Rd. and Hwy. 12, for use as a possible mitigation for taking of parkland. Flint informed Callahan that it was the intention of the Park Commission to continue the trail where it was left off to the point where the $100,000 is spent that was budgeted. It was Flint's hope that this money would allow the trail to be built to the school property so it went somewhere. Moorse did not believe the money would enable to build the trail much past Hwy 12 and saw sense in it getting to a point past the City Hall. Callahan inquired whether the trail could be built from Hwy 12 to Co Rd 6. Flint said the DNR grant required the trail to be contiguous. Flint voiced concern with wasting money if the trail went to the north of the church property, since it is unknown what the school will do with the property north of Co Rd 6. Callahan noted that Mn/DOT will eventually building the highway across the trail. Flint said the state would have to rebuild the trail in kind as it was in place first. Callahan said this then should be the case with the school also. Callahan suggested the Council must be wiiiing to take steps necessary, even • condemnation, to build the trail to a conclusion. Hurr said she was willing to support that decision. Flint said he thought the trail would be built on the right -of -way, but Jabbour said the property owners do not want it located in the right -of -way. Jabbour asked if Staff has spoken with the neighbors along the trail path. Gerhardson said he had not. Moorse said he has spoken with Mrs. Hile. Kelley asked if a blueprint of the plan was available for viewing. Gerhardson said it was but would need to be reviewed for possible revisions from the Engineer. All Council members voiced their agreement to pursue the trail. Callahan moved, Kelley seconded, to direct Staff to provide Council with plans for the trail extension from Old Crystal Bay Road by the bridge to where $100,000 would take the trail. Vote: Ayes 5, Nays 0. ( * #8) BUDGET AMENDMENTS Jabbour moved, Kelley seconded, to approve the 1995 Special Revenue Funds budget amendments as presented; and to approve and authorize a temporary cash advance of $135,000 as of 12/31/95 from the PIR Fund Contingency Account to the Municipal State • Aid Fund, to be repaid from state aid payments received by 5/31/96. Vote: Ayes 5, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 ( #9) AUTHORIZATION TO APPLY FOR LOAN FOR I &I REDUCTION • PROGRAM - RESOLUTION 43727 Moorse reported that this program was offered by MCES (formerly MWCC) to assist cities with reduction of I &I in the sewer systems. Two options are available: One, to obtain a grant, in order to conduct a study on where the problems are located; and two, to get a loan for I/I reduction work, which can be turned into a grant, if the reduction efforts are shown to be effective over a five year period. Moorse noted that the City did a study on the Saga Hill area in 1995 identifying the I &I and necessary work. Moorse said some of the money is in the budget but not to the point of completion. The loan would assist in this endeavor. Callahan asked if the City was interested in the loan or in the grant. Moorse said the loan would not have to be paid back if the I &I reduction can be substantiated. Hurr moved, Goetten seconded, to adopt Resolution #3727 authorizing the submittal of an application to the MCES for an I/I loan or grant and to authorize John Gerhardson and Ron Moorse to serve as subject matter contacts for the application. Vote: Ayes 4, Nays 1, Callahan. Motion passed. ( #10) 1997 -99 URBAN HENNEPIN COUNTY JOINT COOPERATION AGREEMENT (CDBG) - RESOLUTION #3728 Moorse reported that the participation agreement in the CDBG program is normally • extended every 3 years without any changes. However, this year a change is occurring. Instead of gaining a specific allocation through the program, the County is placing the funds in a pool from which cities must compete for a share. Kelley asked what the City uses the funds for. He was informed that it is mainly used for housing rehabilitation and sewer hookups. Callahan asked if it was worth the $22,000 a year to compete for the funds. Moorse explained that the reason for the pool would eliminate some of the paperwork for the County. He noted some cities currently obtain only a small amount, and cities would now apply for a larger amount and identify the projects. Jabbour was concerned that this procedure would separate out alot of the organizations currently gaining from this funding. Moorse said the human services agencies would receive CDBG funds through a separate process. Hurr noted that without making application, no funds could be obtained in any manner. It was further noted that the agreement is for a three year period of time. • 8 • • • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 ( #10 -CDBG - Continued) Callahan asked if the agreement was, otherwise, the same. Callahan noted a reference to "housing goals" in the agreement. Moorse said he thought that particular language has been in the agreement for many years but would check it out. Hurr moved, Goetten seconded, to adopt Resolution #3728 authorizing the execution of a joint cooperation agreement between the City of Orono and Hennepin County for continued participation in the Urban Hennepin Community Development Block Grant program and authorizing the Mayor and City Administrator to sign the cooperation agreement. Vote: Ayes 4, Nays 1, Callahan. Motion passed. CITY ATTORNEY'S REPORT Barrett had no report. ( * #11) LICENSES Jabbour moved, Kelley seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Garbage & Refuse Collector's License Parade and Special Event Permit: Gambling Permit: Resolution 93729 ( * #12) BILLS Westonka Sanitation 3146 Island View Drive Mound Gear West Ski & Bike Duathalon (Run- Bike -Run) June 2, 1996, 8:30 a,m. -11:00 a. m. Minnesota International Center Steven and Diane Reynolds, Hosts for Benefit Gala 1570 Fox Street June 8, 1996 Jabbour moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 28, 1996 ADJOURNMENT • Mayor Callahan adjourned the meeting at $:16 p.m. ATTEST: 10 Dorothy M. kIaVin, City Clerk 10 E ward J. . r` • •