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HomeMy WebLinkAbout12-09-1996 Council Minutes1PIV ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 9, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr, who arrived at 8:08 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Public Works Director John Gerhardson, Public Services Director Greg Gappa, City Engineer Glenn Cook, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( #1) PUBLIC HEARING 1997 BUDGET AND TAX LEVY - RESOLUTIONS #3811, 3812, 3813, 3814, AND 3815 Mayor Callahan reported the initial Truth in Taxation Hearing was held on December 4, 1996. The proposed 1997 General Fund revenues and expenditures are $3,447,605. Kelley moved, Goetten seconded, to approve Resolution #3811 adopting the final 1996 Tax Levy Collectible in 1997. Vote: Ayes 4, Nays 0. Goetten moved, Kelley seconded, to approve Resolution #3812 adopting the 1997 • General Fund Budget. Vote: Ayes 4, Nays 0. Kelley moved, Callahan seconded, to approve Resolution #3813 adopting the 1997 Special Revenue Funds Budgets. Vote: Ayes 4, Nays 0. Callahan moved, Jabbour seconded, to approve Resolution #3814 adopting the 1997 Debt Service Budget. Vote: Ayes 4, Nays 0. Callahan moved, Goetten seconded, to approve Resolution #3815 adopting the 1997 Capital Projects Funds Budgets. Vote: Ayes 4, Nays 0. ( * #2) CONSENT AGENDA Items #5, 7, 8, 9, 11, 13, 14, 15, 17, 18, 19, 20, 23, 25, 26, 27, 28, and 29 were added to the Consent Agenda. Goetten moved, Jabbour seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9,1996 ( #3) COUNTY ROAD 6 ROADWAY IMPROVEMENT PROJECT - FINAL • PLANS - COOPERATIVE AGREEMENT - RESOLUTION #3816 Bruce Polaczyk and Steve Theis of Hennepin County were present. Polaczyk indicated the County is requesting approval of the final plans and the cooperative agreement for the CoRd 6 improvement project. Theis relayed some of the history behind CoRd 6 noting the roadway has reached the end of its service life. The proposed reconstruction does not add capacity. It will remain a 2 lane road with added safety features such as turn lanes and improved sight lines. Theis said the county attempted to narrow the corridor to eliminate impact to adjacent properties. The reconstruction runs from Townline Road to McCulley with two 12' lanes and 8' shoulder requiring a total 88' of right -of -way. From McCulley Road to Hwy 12, turn lanes will be added increasing the width of right -of -way to 102'. The right -of -way of 66' for the City street section is a change from the last Council meeting. Callahan received confirmation from Theis that the estimated cost to the City for the reconstruction is $515,000. Theis informed Callahan that the time table for the reconstruction will have a fall, 1997, start for utility relocation, clearing and grubbing. The actual roadway construction will take place in 1998. The ability to move the utilities prior to the actual construction allows the project to be completed in 1998. • Callahan asked if the roadway would be closed during construction. Theis said the road will be detoured to CoRd 19 but open for local traffic. Callahan noted that the road improvement does not reach the intersection of CoRd 6 and Hwy 12. That improvement will be dovetailed in with the Hwy 12 Alternate 6 reconstruction. Sandy Larson, 4285 6th Avenue North, asked the Council not to approve the plans and agreement until staking has taken place. Callahan asked when the staking would be performed. Theis said the staking would be completed in the next few days. He also indicated no major shifts are expected in the alignment. "Tweaking" the plan in relation to a specific property may be done if it does not affect other properties. Larry McFarlane agreed with Larson. He indicated the stakes would allow the property owners to visualize the effect from the reconstruction. He asked that final approval be withheld until the staking is completed. McFarlane is concerned the construction will have a major impact on the entrance into the subdivision and asked that the County speak further with those along the roadway. Jabbour said it was his understanding that the County was going to meet with the property owners. Theis indicated several people with whom he has met or talked with on the telephone. Jabbour reported someone being concerned with further shifting of the roadway. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 • ( #3 - County Road 6 Roadway Improvement Project - Continued) McFarlane stated he did not see how a couple more weeks delay could have any effect on the project since it would not be completed until 1998. Callahan said he understood Theis will meet with property owners to "tweak" problem areas but the residents would like final approval held until the changes are made. Theis noted the difference between "tweaking" and moving the alignment. Callahan said the Council is of the opinion that no further changes will be made to the alignment but noted the property owners want to "see" what will be occurring. Theis said there is no problem with staking and "tweaking" as long as any change only affects the particular property owner and not causing changes to other properties. Jabbour noted the process of planning has taken two years and these two property owners would like to see the effects from the reconstruction. Jabbour indicated the project is important both to the road itself and as a mandate of the Comprehensive Plan and needs to move forward. He said he understood the corridor has been fine -tuned but the City should possibly wait on the contract until the County has met with these two property owners. McFarlane said the concern over the impact is held by other residents of the Huntington Farm Subdivision. He hoped it would be staked out for visualization to see how the • entrance to the development is affected. Jabbour reported that letters from Independence have noted that the County has worked very fairly with them. Kelley asked if it was the policy of the County not to stake. Theis said it was not. Kelley asked why the roadway has not been staked as of yet. Theis noted the lack of personnel available to do the staking. Kelley was told that the County has not historically staked before preliminary plans are approved. Theis said it was done only if the City and property owners requested it. Kelley asked why the County posted no parking along the roadway. Theis said the area posted is a berm section where curb and gutter will be installed. The road width does not allow for parking. Theis said this issue could be addressed later on. Kelley suggested the no parking postings be eliminated. Polaczyk said the no parking restriction is a State standard and the road is being primarily funded from State aid. In order to receive the funding available, State standards must apply. Polaczyk said parking is prohibited in urban sections where curb and gutter is laid. No parking signs can be removed along rural sections. Theis showed where the urban sections were noting it applied to about one -third of the project. Theis indicated the same occurred in Independence. n LJ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( #3 - County Road 6 Roadway Improvement Project - Continued) McFarlane inquired about the "jog" on CoRd 6 to the Hwy 12 intersection. He was informed that this stop and jog would remain until it is coordinated with the Mn/DOT project on Hwy 12 and CoRd 6. McFarlane asked when this improvement will be made. Callahan said the timing was hard to ascertain as the Hwy 12 Corridor improvement is slated to begin in 2001, and he did not know the location where the work would begin. Callahan said Mn/DOT was not willing to reconstruct the intersection until the main reconstruction began. Polaczyk indicated he was informed that the funding for the Hwy 12 project enabled it to begin in 2000 or 2001 for the interchange. Polaczyk said the CoRd 6 project is set back far enough to tie into it without any disruption. Callahan told McFarlane that according to what Polaczyk indicated, the reconstruction of Hwy 12 would begin with that intersection. Callahan said it was his opinion that the preliminary layout should be approved. He does feel the staking should take place at least for these two particular property owners, which will enable the other residents of the subdivision to see where the road will travel. Polaczyk promised the staking to be completed this week. Callahan noted that the City and County have worked cooperatively together in the past. • Sandy Larson said she has come to terms with the road improvement happening but would like to see it visually. She noted she will be losing all of her privacy. Callahan moved, Goetten seconded, to adopt Resolution #3816 to approve the final plans • for the County Road 6 roadway project #9444, and to approve the construction cooperative agreement between Hennepin County and the City of Orono for County State Aid Highway No. 6 Project #9444, based on the current estimate of cost to the City of Orono of $514,000. Jabbour asked if the County would be mitigating some of the trees lost on Larson's property by replacement. Theis said the trees would either be mitigated or compensated as a part of the right -of -way costs. Vote: Ayes 4, Nays 0. Callahan asked Staff to ensure the staking has been completed prior to turning the signed contract over to the County. Jabbour asked Larson and McFarlane to report the staking to the City. 1 J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 • ( #4) COUNTY ROAD 15 ORONO LANE TO EASTERN BORDER ROADWAY IMPROVEMENT PROJECT - FINAL PLANS - COOPERATIVE AGREEMENT - RESOLUTION #3817 Bruce Polaczyk was present, along with Craig Twernum and Guy Nolan. Polaczyk reported that there were major changes made to the cooperative agreement since the last Council meeting. He noted the roadway will be a typical section of two 12' lanes with 8' shoulders, except for one segment where there will be a two -way left turn lane. The turn lane will extend past the four driveways and intersecting street in that location for safety purposes. Polaczyk reiterated the hiring of a soils expert regarding the Ferndale Marsh area. The road was moved 10' or 3 meters to the north to enable surcharging due to poor soils. In order to allow for the surcharging to occur on the north side, the shoulder area will be used on the south side to allow movement of two lanes of traffic. Polaczyk indicated the group of 16 trees that need to be removed will be replaced with 18 trees. These trees will be of the type compatible to the soil conditions. While aspen and tamarack are possibilities, tamarack was said to probably be most suitable. These trees will not encroach into the clear zone. • The right turn lane into Ferndale will now be extended back for usage by the driveways along that stretch of roadway. Polaczyk said an acceleration lane will also be provided out of Woodhill Road at the suggestion of representatives of the country club. 0 The time schedule allows for bids to open during the second quarter of 1997 with construction to start in early summer. Because of the six month time allowance necessary for the surcharging, the construction will extend into 1998. Kelley questioned the sight lines to the right coming out of Ferndale Road. Nolan said the left turn lane will be extended and road alignment shifted 10' to the north to improve these sight lines. Kelley asked if the road would be striped. Nolan said rural roadways are generally not striped. Where there is curb and gutter, an edge strip will be detailed but no center line. Gerhardson said this could be worked out. Jabbour inquired about an acceleration lane. Nolan noted part of the shoulder is currently being used and it will be widened for a full acceleration lane. Polaczyk added that the throat of the road will also be widened to enable better sighting: Jabbour questioned whether it would be better to move the intersection. Nolan said that would increase the impact to the wetlands. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 (#4 - County Road 15 Orono Lane to Eastern Border Roadway Improvement Project - Continued) • Goetten questioned the traffic volume projections which indicate 3200 vehicles for Orono Orchard Road at CoRd 15 by the year 2015. Nolan confirmed that projection. Kelley noted once Hwy 12 reconstruction was complete, more people would be using this road creating the need to watch over it in the future. Goetten noted the problems now with egress, and if more traffic is envisioned, she is concerned with how this additional traffic coming onto CoRd 15 will be handled. Polaczyk said there are no plans for a stoplight. Nolan noted the traffic projection is over a days period and feels it is low units of use. He noted the peak hours may have 110 cars per hour. Goetten concurred with the a.m. projection but can't understand where the other numbers come from and is concerned if that amount does use the roadway. Nolan said the current count is projected out. Jabbour noted the problems existing with east -west roads in the City. He feels there will be changes in traffic patterns in the future with the road improvements on CoRd 6 and Hwy 12. Callahan indicated there are serious traffic problems on CoRd 15. He believes more people will use Fox Street. He noted the road improvement is only an upgrade of the current situation and foresees further problems in the future. • Kelley asked about eastbound traffic on CoRd 15 and having cars ahead turning onto Orono Orchard Road. Kelley is concerned with traffic back up. Nolan said there was room for probably 9 cars to stack up. Kelley was also informed that the island would be striped along with the right turn lane. Jabbour thanked the County for reworking the cost figures. In clarifying the costs, Callahan was informed that the original cost to Orono was projected at $206,000 and has since been reduced to $162,000 total for construction and right -of -way costs. Polaczyk said this figure is predicated on the City donating the Ferndale cutoff. The City's 0.568 of wetland mitigation will be matched by the County. There were no public comments. Kelley moved, Jabbour seconded, to adopt Resolution #3817 to approve the final plans for CoRd 15 roadway project #9222, and to approve the construction cooperative agreement between Hennepin County and the City of Orono for the County Road 15 roadway project #9222. Vote: Ayes 3, Nays 1, Goetten. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9,1996 • APPROVAL OF MINUTES ( * #5) REGULAR MEETING OF NOVEMBER 25, 1996 Goetten moved, Jabbour seconded, to approve the Minutes of the Regular City Council Meeting of November 25, 1996. Vote: Ayes 4, Nays 0. ( * #6) TRUTH IN TAXATION MEETING OF DECEMBER 4, 1996 Goetten moved, Jabbour seconded, to approve the Minutes of the Truth in Taxation Meeting of December 4, 1996. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Chair Flint reported the Friends of the Parks Award will be presented in February, 1997, with recommendations for the award being made in January. He asked the Council to encourage Staff to ensure the inventory work done by the Summer Intern be completed. Moorse indicated it was being done. PLANNING COMMISSION COMMENTS Commissioner Hawn had no additional comments at this time. • PUBLIC COMMENTS • There were no public comments. (Council Member Hurr arrived at this time.) ZONING ADMINISTRATOR'S REPORT ( * #7) #2180 PEGGY PICHELMAN, 2920 CASCO POINT ROAD - VARIANCES - RESOLUTION #3818 Goetten moved, Jabbour seconded, to adopt Resolution #3818. Ayes 4, Nays 0. ( * #8) #2191 WALTER WITTMER, 2780 SHADYWOOD ROAD - VARIANCES - RESOLUTION #3819 Goetten moved, Jabbour seconded, to approve Resolution #3819 based on the findings and conditions of the Planning Commission recommendation. Vote: Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( * #9) #2193 MINNEHAHA CREEK WATERSHED DISTRICT, 4630 • CREEKWOOD TRAIL - CONDITIONAL USE PERMIT/VARL4NCE - RESOLUTION #3820 Goetten moved, Jabbour seconded, to adopt Resolution #3820 approving a conditional use permit and variances for the Minnehaha Creek Watershed District South Katrina Basin maintenance and expansion project. Vote: Ayes 4, Nays 0. ( #10) #2197 JOHN O'SULLIVAN, 2380 SHADYWOOD ROAD - VACATION OF NAVARRE LANE - RESOLUTION #3821 John O'Sullivan and Erwin Smith were present. Gaffron reported that a portion of Navarre Lane has already been vacated adjacent to the Culver's site. The adjacent church site is under purchase agreement with O'Sullivan. Applicant has made a request for both sides of Navarre Lane between Olive Avenue and CoRd 19 to be vacated. Staff is recommending the eastern portion not to be vacated. The Council reviewed a prior vacation request and approved vacation of a 33' portion next to the Culver's site in May, 1996. Regarding the remaining 33, the Council voted at that time to retain Navarre Lane for future access. The applicant has now requested the remaining 33' be vacated and the application has been before both the Park and Planning Commissions. The question whether the public needs access to CoRds 15 and 19 over Navarre Lane has been discussed by both commissions. • Gaffron reported Staff has identified five public purposes served by the existing right -of- way proposed to be vacated: City sewer lines, City water lines, U. S. West telephone lines, Minnegasco gas lines, all of which can remain through easements, and a potential bike/pedestrian access between Olive Avenue and CoRds 15/19 intersection. The application for vacation is part of the purchase agreement with the church. The applicant, however, proposes to bring a trail across the northern portion of the property which will connect Olive with the sidewalk along CoRd 19. Gaffron had suggested a ramp to facilitate the grade change along Navarre Lane for the trail route. The Planning and Park Commissions both reviewed the proposed trail sites. Another option was to place the trail running around the ponded area. The Park Commission was of the general opinion that the trail should come through the existing Navarre Lane. The Planning Commission, while generally having the same opinion, suggested that Staff work it out with the applicant and City Engineer. At an on -site meeting last week with members of the Park Commission, Staff, Applicant, and City Engineer, it was suggested a stairway be built in Navarre Lane at the retaining wall for use by pedestrians. A bike and pedestrian path would be constructed from the stairway to Olive Avenue with a paved pathway between the two parking lots. This recommendation does shift the buildings for the site to the north. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( #10 - #2197 John O'Sullivan - Continued) The resolution draft includes this alternative with a number of conditions attached which are as follows: 1) The City will formally vacate Navarre Lane at the time development of the site is commenced. This condition eliminates any risk to the City if this developer chooses not to develop the site after the vacation is complete. 2) The agreement to complete the vacation may be more formalized, if necessary, in the form of a Developer's Agreement or other format agreeable to the applicant and City Attorney. 3) In conjunction with applicant's development of the property at 2380 Shadywood Road, the applicant agrees to construct the following facilities: a) A 6' sidewalk/bike path near the northwest boundary of the property, linking Olive Avenue and Shadywood Road. b) A pedestrian stairway at the northerly end of the median between the Culver's parking lot and the proposed bank parking lot. • c) A widening of said median to a minimum width of 10' to accommodate 2' vehicle overhang on each side as well as a 6' pedestrian walkway. d) A paved walkway leading from the base of the stairway to Olive Avenue. Gaffron noted that the Lafayette Ridge Homeowners Association has not yet regained ownership of the tax forfeit parcel recently approved by the Council for reconveyance back to the association. 4) The exact location and design of the items identified in Condition #3 shall be subject to review by the City Engineer and approval by the City Council. 5) Applicant shall grant a utilities, access, drainage, and trail easement over the portion of Navarre Lane to be vacated. 6) Applicant shall grant to the City a 10' easement for future trail purposes along the northeasterly boundary of the 2380 Shadywood Road property adjacent to Olive Avenue. 7) Applicant shall grant to the City a 10' wide trail easement centered on the centerline of the sidewalk/bike path to be located near the northwesterly boundary • of the 2380 Shadywood Road property. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( #10 - #2197 John O'Sullivan - Continued) is 8) Applicant shall grant to the City a trail easement over the portion of pedestrian pathway located within the portion of Navarre Lane that was previously vacated. 9) The pathways, stairways, and bike trails within the applicant's property boundaries shall be maintained by the property owner, not by the City. All upkeep, maintenance and snow removal will be the responsibility of the property owner. 10) Applicant shall legally combine the vacated portions of right -of -way with the adjacent church property. 11) Applicant shall be responsible for executing the appropriate drainage, utility, access, and pedestrian/bike trial easements as noted above. Such easements shall be filed at the time the vacation resolution is filed by the County Attorney's office. Callahan asked O'Sullivan if he was in agreement with the resolution and conditions as noted. O'Sullivan said he was. He reiterated it was a compromise position from the original intent. He sees a ramp as an impossibility. He said those he has spoken to in the neighborhood feel a staircase is a good idea along with the path between the two parking lots. O'Sullivan said he also spoke with Dave Zetterstrom of Hennepin County regarding the right turn lane. Zetterstrom said by putting the bike traffic further up the street, it • would heighten the safety as traffic tends to not slow down. Callahan clarified that the walking path would be located between the two lanes of parking. Kelley asked about the curbing. Gaffron said there would be a 10' gap between the curbs. Callahan asked if this proposal has been presented to the Planning Commission. Gaffron said it had not and no member of the Planning Commission was present at the on -site meeting. O'Sullivan said the stairway option was brought up at the Planning Commission meeting. Jabbour questioned the ability to have a staircase with ADA regulations. Gaffron said as long as the trail leading from the parking lot does not serve a building while leading to another building, it is his understanding the staircase does not have to meet ADA regulations. Gaffi-on noted there would be about 18 steps. Huff indicated kids will take the shortest distance to get to their destination. Kelley said he believes kids will take the steps down with their bicycles. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 • ( #10 - #2197 John O'Sullivan - Continued) Hun asked O'Sullivan what his objection is to a ramp. O'Sullivan said is objection is to the cost from an engineering and construction standpoint. He added that he has observed very little traffic on Navarre Lane. Hun said if it is constructed, people will come. O'Sullivan said he feels the people commute by car in the area. O'Sullivan noted it would not join a trail system. He is concerned with scaling down of the proposed buildings to a point where the developers are walking away from the project. Hurr responded that O'Sullivan is gaining from the vacation and should be expected to give something in return. O'Sullivan said he feels that he is doing so with the path along Olive Avenue and the staircase. Jabbour said the original intent was to vacate all of Navarre Lane until Kelley suggested using a portion for a trail. Jabbour said he personally does not care but feels both a bike and pedestrian path should be together unless others feel it is safer the other way. Kelley said he is in support of the proposal with a bike path on the north. He noted the applicant could still put a staircase in without approval. Kelley says he sees the development as adding to the tax roll. Jabbour indicated that the original intent was never for something quite so elaborate. O'Sullivan said he does not have to put in a staircase if it is not preferred. • Park Commission Chair Dick Flint noted that the developer has come a long ways in his proposal for a path. Flint said he originally thought the trail should come down the middle, but after viewing the site, feels the compromise is agreeable. He does question some of the variances requested in relation to the site plan. McDermott said he noted the retaining wall while on site and questioned whether concrete piers could be erected to connect a ramp. He does tentatively agree with the staircase noting people can walk along Olive Avenue. McDermott said he is confused, however, by the County's comment regarding the trail dumping out along the street instead of at a stoplight. McDermott said a staircase is better than nothing at all. Goetten reported that she attended both the Park and Planning Commission meetings. She said she is concerned about what the walkway and staircase accomplishes viewing it as alot to put in to serve few people. Goetten said she realizes the property belongs to the City, but she does not see the need for a staircase. She believes the trail around the property is feasible. Sherokee Use of the Park Commission indicated children will want to get to the Navarre area as the neighborhood is somewhat landlocked. She thought the proposal is a good idea but the cost needs to be weighed. Ilse said she agrees with Kelley that kids will not . go around the property and would like to see a ramp. She saw it as an offer to the neighborhood to gain access to their downtown. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9,1996 ( #10 - 92197 John O'Sullivan - Continued) • Gaffron explained to Hurr how the ramp might operate and be situated noting the steep drop in grade. Jabbour said he does not feel the path should go between cars and is also concerned with how snow blowing would work in that scenario. Kelley added that no one maintains the sidewalk now. O'Sullivan said he made the commitment to maintain the trail as has been done to this point by the City (which is not being done). O'Sullivan noted there are only about 10 homes behind the project that would be affected by the trail. In speaking with residents, O'Sullivan was told that no one wanted increased car traffic to their homes and these people would use the access along Olive. O'Sullivan again noted the few numbers of people that use Navarre Lane, the impact caused on his site by the proposal along with his dissatisfaction with a path between the parking lots. He does, however, hope people will come to the area. Elizabeth Hawn of the Planning Commission said she was not at the on -site meeting. She personally feels Culver's will be an attraction that will bring additional traffic to the site, and children will use the shortest route. Hawn is also concerned with people crossing CoRd 19. Hawn said the Planning Commission preferred the route through the middle along Navarre Lane but were unaware of all the information when voicing this preference. Callahan said he can see the path as usable from a practical standpoint. Noting the • definitive decline in grade, Callahan asked O'Sullivan if a retaining wall would still be built if the path was not required. O'Sullivan said it has always been the intent to build a retaining wall. Kelley was told a fence would be required. Cook agreed. Kelley noted if no staircase was built, the fence would force people toward a certain direction. Norm Paurus noted very few people use the area for walking. He noted the steepness of the hill seeing the area as more of a play area. He asked the Council to consider putting in a barrier to hold off traffic. Hurr said she received a call from a resident of Navarre who feels the steps would be a valuable asset to those people coming from Minnetonka Beach into Navarre. Kelley moved, Goetten seconded, to approve the vacation of Navarre Lane with the utility easement as noted in the conditions with a bike path between Olive Avenue and CoRd 19, and a retaining wall with a fence pursuant to regulations. The motion would stipulate no ramp and no staircase. Hurr said she favors the steps. Jabbour said the plans have become too elaborate and is in favor of the motion. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9,1996 • ( #10 - #2197 John O'Sullivan - Continued) Callahan asked if the motion takes care of City concerns regarding property development. Kelley noted the vacation can take place in the future when the plans are seen for the site. Gaffron said the conditions 1 -11 can be revised to match the intent of the motion. Jabbour asked that a development agreement be added to the motion. Jabbour moved for the addition with Goetten seconding the motion. The resolution is to be brought back before the Council with terms as noted. Hun indicated to the Council that they were not following the recommendation of either the Park or Planning Commissions. Callahan noted the lack of safety features with a right turn lane and a bike path between two parking lanes. Vote: Ayes 4, Nays 1, Hurr. ( * #11) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - PRIVATE ROAD NAME REQUEST • Goetten moved, Jabbour seconded, to approve the first choice road name of Crystal Creek Road within the Crystal Creek Plat. Vote: Ayes 4, Nays 0. ( #12) TREE PRESERVATION POLICY - RESOLUTION #3822 Moorse reported that past discussions regarding tree preservation have been in relation to open space preservation and maintenance of a rural atmosphere within the City. Several ways of achieving the natural and rural type vistas have been reviewed by Staff, including maintenance of existing trees and plantings, specifically along the right -of -way for screening purposes and setting policy for developers to follow. Moorse asked Council for direction regarding tree preservation. Three alternatives were laid out to include a resolution as a general policy, an actual amendment, or a comprehensive policy to include tree inventory. Hurr voiced concern with the lack of clout to ask for replanting of trees that die after development has occurred and asked if consideration has been made for filing on the chain of title for maintenance. Moorse said the developer could produce a letter of credit. Gaffron noted a detailed ordinance could include a provision for tree loss in the future. Hun questioned how this could be enforced. Moorse indicated the use of citations and follow -up on plantings. Examples were cited. • Kelley said he was not in favor of a tree preservation policy. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( #12 - Tree Preservation Policy - Continued) • Jabbour indicated the original intent was for prohibition of clear cutting citing an example where this might occur. He suggested a possible CUP process for clearing beyond the building envelope. Goetten said she was hearing different ways on how it could be handled and would like to see what reasonable options Staff can develop in order to protect trees. She asked that it be made clear on how large developments would be handled along with enforcement. Hurr agreed. Radio cited tree preservation policies adopted by Minnetrista and Eden Prairie which affect property at the time of subdivision. He indicated a forester could be hired, inventories taken, mitigation process, all of which would focus on the property at the critical time of development but does not track the property forever. He said private owners would be less likely to remove trees. Goetten noted the City has shown their concern regarding septic, the lake, and should now focus on trees. Kelley said he agreed with Radio on focusing on property at time of development. He does not believe the City should tell a property owner what they can do. Callahan informed Staff that his general feeling would be towards planting trees. He did • note, however, that he would be appalled if required to replace a tree lost to natural causes. Callahan indicated he saw the need for such a policy in regards to large subdivisions but questioned it on smaller 24ot subdivisions. He asked for continued study. Callahan noted the Park Commission is reviewing this issue. He suggested the policy be adopted and more specifics be developed. Callahan moved, Goetten seconded, to adopt Resolution #3822 with instruction to Staff to instruct the Park and Planning Commission to review options for tree preservation. Vote: Ayes 5, Nays 0. MAYOWCOUNCIL REPORT Kelley indicated the approval of $600,000 for roadway projects, and asked if the budget spread sheet reflects the required amount to pay for the projects. Moorse reported $600,000 was set aside for CoRd 6, $57,000 for CoRd 15, which is now $162,000, but $65,000 for Bracketts Point reconstruction will not occur. Moorse indicated the money budgeted should be close to the costs of the projects. Jabbour asked that copies of the resolution regarding vending on the lake (agenda item #19) be sent to the LMCD and surrounding cities. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 • ENGINEER REPORT City Engineer Cook had no additional comments. ( * #13) ORDER FEASIBILITY STUDY FOR EXTENSION OF SEWER AND WATER SERVICE TO THE ORONO ICE ARENA - RESOLUTION #3823 Goetten moved, Jabbour seconded, to approve Resolution #3823 ordering a feasibility study for the extension of sewer and water service to the Orono Ice Arena. Vote: Ayes 4, Nays 0. ( * #14) PAY REQUEST #2 LIFT STATION #28 Goetten moved, Jabbour seconded, to approve payment of Pay Request #2 for the Lift Station #28 Renovation in the amount of $55,262.92 to Ford Construction Co. Vote: Ayes 4, Nays 0. ( * #15) PAY REQUEST #2 OLD CRYSTAL BAY TRAIL Goetten moved, Jabbour seconded, to approve payment of Pay Request #2 for Old Crystal Bay Road Walkway in the amount of $7,692.68 to Hardrives, Inc. Vote: Ayes 4, Nays 0. • CITY ADMINISTRATOR'S REPORT ( #16) REQUEST FOR WAIVER OF SEWER ASSESSMENT, 3425 EASTLAKE STREET - CARL JARNIG, JR. Moorse reported Mr. Jarnig acquired two small lots, one with a cabin and the other with a house. Both lots have a sewer assessment. Jarnig proposes to combine the two lots and remove the cabin, and requests the waiver of one assessment. Goetten and Kelley voiced their support. Jarnig informed Callahan that he agrees to remove the cabin. Kelley moved, Hurr seconded, to approve the waiver of the sewer assessment in the amount of $8,840.00 on the property at 3425 Eastlake Street with the condition that the lots at 3425 and 3415 Eastlake Street be combined and that the cabin at 3425 Eastlake Street be removed. Jarnig informed the Council that he has not paid any assessment on the lot with the cabin and questioned whether the waiver includes penalties and interest. The Council was in agreement as long as the two parcels are combined. It was noted that the property taxes are a separate issue. Kelley asked that the waiver include any interest or penalties • accrued. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( #16 - Request for Waiver of Sewer Assessment - Continued) • Vote: Ayes 5, Nays 0. ( * #17) ACQUISITION OF TAX FORFEIT PROPERTY - SAGA HILL - RESOLUTION #3824 Goetten moved, Jabbour seconded, to adopt Resolution #3824 restating the City's interest in acquiring the 9.5 acre tax forfeit parcel for public use as open space and to authorize the Mayor to sign the application for the conveyance of the property to the City for a public use. Vote: Ayes 4, Nays 0. ( * #18) CONTRACT WITH NEW VENDOR FOR JANITORIAL SERVICE Goetten moved, Jabbour seconded, to approve the contract for janitorial services with Power Clean Company, Inc., effective January 1, 1997 at a cost of $1,590 per month. Vote: Ayes 4, Nays 0. ( * #19) OPPOSITION TO VENDING FROM WATERCRAFT ON LAKE MINNETONKA - RESOLUTION #3825 Goetten moved, Jabbour seconded, to approve Resolution #3825 in opposition to vending from watercraft on Lake Minnetonka. Vote: Ayes 4, Nays 0. • ( * #20) WINTER USE OF ORONO GOLF COURSE CLUB HOUSE Goetten moved, Jabbour seconded, to approve the additional use of the golf course clubhouse and the related additional costs. Vote: Ayes 4, Nays 0. ( #21) PARK COMIVIISSION VACANCY Moorse presented the Council with four additional resumes to add to the list of Park Commission candidates to fill the opening on the Commission. Callahan moved, Goetten seconded, to table the vacancy issue to the January 27, 1997 meeting of the Council. Vote: Ayes 5, Nays 0. ( #22) HOUSING GOALS - RESOLUTION #3826 Moorse reported the housing goals of the City as presented are the same as those established last year to enable participation in the Metropolitan Livable Communities Act. The resolution requires readopting for renewed participation for 1997. Moorse informed Callahan that the same policies were being followed as well. C� J 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 • ( #22 - Housing Goals - Continued) Kelley moved, Goetten seconded, to adopt Resolution 43826 adopting the City's housing goals. Vote: Ayes 5, Nays 0. (* #23)1997 FEE SCHEDULE - ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION ORDINANCE #153, 2ND SERIES Goetten moved, Jabbour seconded, to approve Ordinance #153, 2nd Series, the proposed 1997 Fee Schedule and to adopt the Official Summary of the 1997 Fee Ordinance for publication. Vote: Ayes 4, Nays 0. ( * #24) EXTENSION OF TELECOMMUNICATIONS TOWER/ANTENNA MORATORIUM - ORDINANCE #154, 2ND SERIES Goetten moved, Jabbour seconded, to approve Ordinance #154, 2nd Series, extending the moratorium on telecommunications towers and antennas to March 24, 1997. Vote: Ayes 4, Nays 0. ( * #25) COUNCIL LIAISON TO PARK COMMISSION AND PLANNING COMMISSION MEETINGS • Goetten moved, Jabbour seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 1997. Vote: Ayes 4, Nays 0. ( * #26) 1997 MEETING SCHEDULE Goetten moved, Jabbour seconded, to approve the 1997 Meeting Schedule. Vote: Ayes 4, Nays 0. (* #27) 1996 INTERFUND TRANSFERS AND LOAN PAYMENTS Goetten moved, Jabbour seconded, to approve the interfund operating transfers, loan payments, and special assessment payments on City owned property as presented, effective December 31, 1996. Vote: Ayes 4, Nays 0. ( * #28) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Goetten moved, Jabbour seconded, to authorize the City Treasurer to disburse funds in payment of claims for the December 23rd Council meeting, which has been cancelled and that such paid claims are to be presented at the January 13, 1997 regular Council meeting • for formal approval. Vote: Ayes 4, Nays 0. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 ( * #29) APPOINT AUDITOR FOR FISCAL YEAR 1996 . Goetten moved, Jabbour seconded, to appoint the audit firm of Malloy, Montague, Karnowski, Radosevich & Co. to perform the required audits for the 1996 fiscal year at an estimated cost of $16,600 plus direct expenses and to assist with the Certificate of Achievement in Financial Reporting Program at a cost not to exceed $1,500. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Radio asked for direction from the Council regarding a delinquent water bill. The commercial property owner is challenging the bill, which accrued from use by a leasee who has gone bankrupt and seeking to negotiate a settlement. The property owner is asking for a reduction in the amount owed and fees waived noting a lack of notification. Kelley was informed by Moorse that the bill was three quarters in arrears. Callahan and Council members instructed Radio to seek recovery of the full amount. Radio suggested a possible change in the billing process, especially for commercial properties, to serve as an earlier warning system for past due accounts. Kelley voiced concern over industrial and manufacturing businesses in regards to inspection for hazardous waste. Jabbour asked Staff to move ahead on the use of a fire marshal for such inspections in the City. Moorse said the Navarre area will be covered by the part time inspector recently to be by the City of Mound. Discussions are continuing • with Long Lake and Wayzata for possible fire marshall service. Jabbour would like to see inspections of marinas also. Moorse indicated the Long Lake Fire Department has been inspecting buildings and attempting to maintain inventories. Callahan informed Moorse that the Council would like to see provision made for the function of a fire marshal, whether through hiring or at the State level ( * #30) LICENSES There were no licenses. ( * #31) BILLS Goetten moved, Jabbour seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 9, 1996 • ADJOURNMENT Mayor Callahan adjourned the meeting at 9:40 p.m. ATTEST: • • '*`/ / - Z�/, [in, City Clerk Ed rd J. Callahan, Jr., Mayor Gabriel Jabbour, Mayor 19