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HomeMy WebLinkAbout03-26-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 26, 1990 ATTENDANCE 7:00 P.M. -The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Callahan and Peterson. Councilmember Nettles was absent. The following represented the City staff: Acting City Administrator Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook, Police Chief Kilbo and City Recorder Scheffler. YEAR XVI C.D.B.G. FUNDS PROPOSED USE PUBLIC HEARING 7:00 P.M. TO 7:02 P.M. The Affidavit of Publication was duly noted. Acting City Administrator Gerhardson stated that the purpose of this Public Hearing is to obtain citizen input. This year Orono will receive approximately $23,000.00. There were no public comments regarding this matter and the public hearing was closed. Councilmember Goetten informed those in attendance how the funds are proposed to be disbursed. She said that in addition to the $20,000.00 for housing redevelopment, the City will grant • $1,000.00 each for Westonka Intervention, Westonka Community Action and Interfaith Outreach. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2783 allocating Year XVI Community Development Block Grant funds as that Resolution indicates. Gerhardson requested that the motion include that those organizations proposed to receive funding submit a written statement as to the intended use of the funds. Gerhardson said that HUD requires the written statement as part of the approval process. Goetten amended her motion to reflect Gerhardson's request, Peterson seconded. Motion, Ayes -4, Nays -0, Motion passed. PARK DEDICATION FEE ORDINANCE PUBLIC HEARING 7:10 P.M. TO 7:21 P.M. The Affidavit of Publication was duly noted. Gerhardson explained that the Park Commission has prepared and is presenting an Ordinance to amend the Park Dedication fees due to the fact that the existing fees collected are inadequate. Park Commission Representative Flint listed the conclusions the Park Commission had determined after two years of studying the Park Dedication fee Ordinance: . 1) The current Park Dedication fee schedule is woefully - 1 - ,4 x MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 PARR DEDICATION FEE CONTINUED inadequate. • 2) The park program has immediate needs for funds that would be generated from raising the fee. That would be to undertake a comprehensive planning process and to build a trail system. 3) There is a window of opportunity to raise the appropriate funds by placing the new schedule in effect as soon as possible because the development that is likely to occur will occur within the next several years. If there is any further delay the needed funds will not raised. 4) The fee schedule should be based on pre- development fair market value of the land. 5) The Park Dedication Fee should be established at 8% of the fair market value of the land. Marla Meredith, 3685 Watertown Road, Linda Whitman, 3620 Eileen Street, and Scott Stein, 3575 Christine Drive, indicated that they supported the Ordinance Amendment. Councilmember Callahan asked the Park Commission why they recommend that the Park fee be based on 8% of fair market value rather than an established average that would be set for each of • the various lot sizes within Orono. Flint replied, "We favored the use of the fair market value because it seems to be common among other cities. We have talked with Orono's Assessor and he sees no problem in providing a fair market value. Taking an average does not comply with the intent of the Park fee which should be relative to the value of the land. The use of that method would not be fair in that it would not consider the variation for example in the cost of a 2- acre lakeshore lot and a 2 -acre inland lot. The fair market value method would automatically reflect the rate of inflation. Mr. Tom Owens, an Attorney, expressed the concerns of his client, Robert White who resides at 4245 Bayside Road. Mr. White is in the process of gifting a portion of his property to his son and will now be subjected to this increase in the Park Dedication fee. Mr. Owens questioned whether there would be any further public hearings or meetings prior to adoption of the amendment. Gerhardson replied that this public hearing could be continued if the Council chose to table this matter for this evening. Mr. Owens said, "The imposition of a mature community such as Orono amending this Ordinance at this point, puts the burden - 2 - • T MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • PARR DEDICATION FEE CONTINUED of the park system on those with considerable acreage yet to be subdivided." There were no further comments from the public and Mayor Grabek closed the public hearing. In response to Mr. Owen's comments, Mayor Grabek said, "I don't think that we should put aside all of the Park Commission's hard work over the past two years because of one incident and objection. We have not heard any opposition from other Orono residents. The Park Commission has done an admirable job. We have delayed action on this long enough." Gaffron asked at what stage of development would a parcel of land be assessed for Park Dedication fee. Gaffron also asked the effective date of the Ordinance and how the Council will address those applications for subdivision that have already been received by the City. Councilmember Callahan suggested that applications now in the process of review by the City would not be affected by the Ordinance Amendment. Callahan believed that an effective date of May 1, 1990 to be appropriate and that the property value be assessed as of the time that preliminary subdivision approval is given. • Councilmember Goetten stated that she agreed with Councilmember Callahan. Goetten indicated that this is an appropriate time to implement this change and that she felt comfortable doing so. Councilmember Peterson concurred with Callahan and Goetten and had wished that this had been done long ago. Peterson thanked the Park Commission for their efforts in researching and preparing this Ordinance Amendment. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt the Park Dedication fee Ordinance amendment, with the clarification that it become effective May 1, 1990, that applications for subdivision that have been filed up to this point not be covered by the new ordinance and that the assessed fair market value of a property be based on its status as of the date of preliminary plat approval. Motion, Ayes -4, Nays -0, Motion passed. CONSENT AGENDA* Councilmember Goetten requested that items #4 and #23 be removed from the Consent Agenda. It was requested by Acting City Administrator Gerhardson that items #15 and #17 be removed from the Consent Agenda. is - 3 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 CONSENT AGENDA CONTINUED It was moved by Mayor Grabek, seconded by Councilmember • Peterson, to approve the Consent Agenda, with the exception of items #4, #15, #17 and #23 which were removed and discussed in the order appearing on the agenda. Motion, Ayes -4, Nays -0, Motion passed. APPROVAL OF MINUTES Councilmember Goetten requested that the Minutes be amended to reflect that she had hoped to have an opportunity to review the Park Commission Minutes, rather than recommendation (last sentence, page 2). It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the March 12, 1990 Regular Council Meeting. Motion, Ayes -4, Nays -0, Motion passed. PARR COMMISSION COMMENTS: LITTLE LEAGUE /BEDERWOOD PARR Mayor Grabek explained the procedure to be followed for those who wished to make a presentation regarding this matter. Mayor Grabek recognized Park Commission Chair, Phil Bradley. Bradley explained that the 1980 Park Development Plan . categorizes Bederwood Park as a neighborhood park designed to serve more than the immediate neighborhood. A neighborhood park calls for open fields and future ball diamonds. The next largest neighborhood park is Hackberry which is classified to provide open field soccer and play grounds. Bradley said that Hackberry has two T -Ball fields that are heavily used. Casco Point Skating Rink is the third largest neighborhood park. Bradley felt that only Bederwood Park is available for general public activities. Mr. Bradley stated that the Superintendent of Schools had indicated that they could respond to a proposal from OBA to use the undeveloped school property within 6 -12 months. The Superintendent stated that they would actively pursue any application made by OBA to use the existing site on the school campus. Bradley said, "The Park Commission supports the idea of organized sports as part of the Community picture. We support the concept of neighborhood parks, but also have concern for residential zoning and the potential to bring an incompatible use into a neighborhood. This is the first time the Park Commission has dealt with a controversy regarding the use of a park. We urge the City to consider our request to give us an updated Park Plan. In the interim, it would seem appropriate to consider a short term usage of Bederwood Park for organized sports while other options are pursued." - 4 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • LITTLE LEAGUE /BEDERWOOD PARK CONTINUED Ms. Linda Whitman 3620 Eileen Street, representing the neighborhood group known as Citizens for Park Planning, referred to the documents that had been distributed to Council and staff. Ms. Whitman stated that they have tried to work with the OBA to reach a compromise on this issue. (Refer to the Citizens for Park Planning presentation dated March 26, 1990) Ms. Whitman noted that as of this evening they have raised $3,000 to assist the OBA in developing the school site. Mr. Rolland Berglund stated that he had been on the Park Commission in 1974 when the negotiations were made to buy the property which is now Bederwood Park. Mr. Berglund said that the Larson family owned the property and refused to sell it due to the impact that the park use would have on the neighborhood. Mr. Berglund said that an agreement to buy the land was finally reached based on a promise that there would be a quiet neighborhood use of the park. Mr. Clem Kroll, 60 South Stubbs Bay Road, has lived near Bederwood Park over 20 years. Mr. Kroll said that there have been significant demographic changes that have occurred to the area. There are many new homes and young families with young children. Mr. Kroll said, There is heavy usage of Bederwood Park for many purposes. The additional use of Bederwood Park and the Luce Line Trail has made parking space more necessary. We see 4- • 10 cars parked in the lot from 4:00 p.m. to 7:00 p.m. If you add the additional vehicles generated by softball games, the lot is full and parking occurs on the west side of Stubbs Bay Road. This is dangerous because there is a blind spot in that area and there is a lot of traffic on Stubbs Bay Road." Mr. Scott Stein, 3575 Christine Drive, provided the portion of the presentation pertaining to the requirements a regulation Little League baseball field must have. Mr. Stein asked for clarification as to whether the concession building would be two stories or one. He also asked if the field would be used for tournament play. Mr. Stein then provided a comparison of the various sites available for Little League use. It is the recommendation of the Citizens for Park Planning that the Orono School site would be most suitable for this use. Mr. Stein stated that it would cost $6,000.00 more to develop the School property and they have already raised $3,000.00. Mr. Stein noted that they have obtained a firm bid of $6,000.00 and if necessary they will work to raise the additional $3,000.00. Mr. Stein said, "We all want Little League, but we want it in the right part of the City." Ms. Judy Brawn, 355 Stubbs Bay Road, indicated that Bederwood Park should be maintained as a neighborhood park as it • is classified. She too was concerned about the safety aspect of - 5 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE /BEDERWOOD PARK CONTINUED the additional park use and the traffic on Stubbs Bay Road. Ms. • Brown was afraid that the OBA's use of Bederwood Park would not be temporary. Ms. Whitman presented the recommendations of the Citizens for Park Planning which included a compromise should it not be possible to develop the Orono School site in time for this season. Mr. Michael Hilbelink, a Representative of the OBA, explained the events that led to the OBA's request to use Bederwood Park. Mr. Hilbelink said that it has been possible for the OBA to prolong the building of a regulation field by using the facilities in other communities. This is no longer possible. Mr. Hilbelink proposed the construction of a Little League field at Bederwood Park that would be similar to the other 35 fields within District I. The proposal calls for a fence around the field, dugouts, concession stand, bleachers and a scoreboard. In regard to the fence, Mr. Hilbelink read a letter from the District I Administrator, Mr. John Eccles, regarding the need for a fence around the field from a safety aspect. Mr. Hilbelink said that the dugouts are provided for bats and balls and protect and shield the players from the weather. The bleachers will provide comfort for the spectators. • Hilbelink indicated that the concession building plays a critical role in the funding of the program. The money from concessions pays for the umpires and maintenance of the field. He said that the concession stand would be open only during game times and would be supervised and operated by the parents. Hilbelink said the site proposed for this use at the Orono School is the low point in that area. It receives the drainage from the entire campus and a manhole has been provided for that purpose. Mr. Hilbelink said that additional work would have to be done beyond that covered by the $6,000.00 quote from Mr. Bendickson. Mr. Hilbelink noted that the Citizens for Park Planning had not mentioned the option of the Church Property this evening. He assumed that site was no longer a possibility. Hilbelink said that the Orono Primary School property would not be practical. In order to make one regulation Little League field, it would be necessary to displace two existing fields. Hilbelink said that Bederwood Park would be the most suitable site. He stated that the use would be temporary until the dream of using the Orono School property becomes reality. - 6 - is MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • LITTLE LEAGUE /BEDERWOOD PARR CONTINUED Mr. Hilbelink added that he had an estimate of $20,000.00 to $30,000.00 to get that site properly prepared. Mr. Gary McPhearson, representing OBA, submitted the petitions that had been received by OBA with 408 names supporting the use of Bederwood. Mr. McPhearson read several letters that had been received from Orono citizens supporting the upgrade of Bederwood. (The letters were from Sylvia Stroup, Douglas Nash, and Dave & Sherry Guimond.) Ms. Arlene Undlin, Minneapolis, said, "I am interested in this because my grandparents were the Larsons that farmed that piece of land. The park was intended to be used exactly as Rolland Berglund indicated. At the time the park was to be developed, none of the neighbors were in favor of it even though it would raise the value of their homes. You are in a residential area and the park use should remain as is." Ms. Judy Brown, 355 Stubbs Bay Road, said, "One issue in this matter is that the OBA is requiring the park 5 nights a week. That is a prime time for the residents to use the park." Councilmember Goetten asked Mr. Hilbelink if it is necessary for them to have the park 5 nights a week from 2:00 p.m. to dark. • Mr. Hilbelink replied that they will need the park 4 nights a week this year and 5 nights a week next year. As to the time of day needed, Hilbelink stated that 3:30 to dark would be acceptable. Mr. Hilbelink noted that the Soccer_ League has used Bederwood the last couple of years. There were twice as many games and consequently people and cars, yet the Park Commission received no complaints. Hilbelink said that after the first week in July, Little League will end. The only possible use they may have for the field after that point would be practices by one team if they advance to the All Stars. Mr. John Lehmeyer, 320 Crestview, asked how much money the OBA intended to invest into Bederwood Park to make this upgrade. Mr. Hilbelink replied, "Approximately $15,000.00." Mr. Lehmeyer suggested that it would be more prudent to use that money and the $6,000.00 that will be raised by the neighbors to upgrade the School property. Ms. Linda Fleming, 680 Minnetonka Highland Lane, said that safety should come first. She felt that the concession stand, dugouts, and bleachers were not necessary, especially if this is a temporary arrangement. She agreed with Mr. Lehmeyer. • Mr. Rich Anderson, 3205 Crystal Bay Road, suggested that - 7 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE /BEDERWOOD PARR CONTINUED providing more parking may address many of the expressed concerns is regarding safety. Mr. Rolland Bergland stated that there would be no park if the promise had not been made to the Larsons that the park use would not be disruptive to the neighborhood. Mr. John Meredith, 3685 Watertown Road, said, "At a meeting of our two sides, Gary Larson indicated that he would be very happy with the site at the Orono School if we had the money up front to guarantee that it could be developed. He could get by this summer and wait an additional year to have that site. Is there City money available, $5,000.00 or $10,000.00 to help develop the School Campus site ?" Mayor Grabek replied that there may be money in the budget for such an expenditure. However, he did not feel it would be wise for the Council to do that. Grabek said the Council would be directly supporting Little League Baseball, which would be unfair to other organized sports. Mr. Ed Brown, 355 Stubbs Bay Road, stated that it would be necessary to improve the parking situation at Bederwood. There would be no such need at the Orono School property. Brown did not think that adequate information has been provided to determine the actual cost of upgrading Bederwood. He said that • water collects on the present field whenever there is a rain storm and that it may be necessary to expend engineering costs as part of the upgrade. Ms. Sherokee Ilse, 3630 Eileen Street, urged the Council to stay consistent with the Comprehensive Plan and Park Plan. Ms. Ilse also wished to clarify that the Citizens for Park Planning are not against Little League. Ms. Ilse added that she had talked with Mr. Bendickson and he had informed her that the Orono School site would be less expensive to upgrade than the Bederwood site. Ms. Ilse stated that Mr. Bendickson had mentioned the possible need for drain tile for the Bederwood site. Mr. Hilbelink stated that Mr. Bendickson's bid for the School site did not include $5,000.00 for sod or $3,000.00 for ag lime. He said that he had talked to one grading contractor who indicated that it would cost between $10,000.00 and $20,000.00 to grade the site. Hilbelink also stated that using Bederwood Park for a Little League field was consistent with the Comprehensive Plan. Ms. Whitman stated that the City's involvement to increase the parking for Bederwood could be considered as support for the OBA. She felt that the City's money would be better spent if it were used to upgrade the School site. - 8 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • LITTLE LEAGUE /BEDERWOOD PARK CONTINUED Ms. Terry Wood, 480 Park Avenue, felt that the "frills" of the Little League field were necessary. She said, "My son has been in Little League for 5 years and it means a lot to him when he plays on a regulation field with dugouts." Mr. Neil Beaumont, 3535 Christine Drive, reiterated Mr. Lehmeyer's point regarding spending the available funds at the School site rather than Bederwood. Mr. Beaumont felt that allowing the OBA to use Bederwood Park would prohibit a majority of residents from enjoying the park. Councilmember Callahan summarized his understanding of the OBA's proposal for Little League use of Bederwood. Callahan said that he did not understand how the Minor League use of the field correlated to the Major League use. Mr. Hilbelink replied that the OBA would like to see the improved field available for Minor League, Girl's Softball, T- Ball, or whatever else would come along. He said, "We don't know what is going to happen with the School property. We hope that by 1993 or 1994 there will be a complex that we can play on. Nonetheless, there is a dramatic shortage of fields available for all ages. We hope this field will be available for that. It has been available in the past; we have reserved it, and there has • not been a problem." Mr. McPhearson added that there would be no games after the first week in July. Councilmember Peterson inquired about the type of scoreboard that will be used. An OBA Representative said, "There are companies that make electric scoreboards and donate them if they are used for advertising. Another type of scoreboard would simply be plywood scoreboard with numbers that would be put on manually. We have not yet decided on a style of scoreboard." Councilmember Goetten asked how many people the bleachers will seat and will it be portable. Mr. Hilbelink replied that they would like bleachers that would seat 25 -30 people. Mr. McPhearson said that Holbrook Park has a set of bleachers that are approximately 20 to 30 feet long. and 15 to 20 feet deep. He added that they would remain during the entire season. Councilmember Goetten asked what the OBA intends to do for • bathroom facilities. - 9 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE /BEDERWOOD PARR CONTINUED • Mr. Hilbelink replied that there are facilities already there. Councilmember Goetten said that safety and parking are concerns and that she has talked with the Orono police regarding Bederwood Park. The Police Officer indicated that there has never been any accident report or problems in that area. Goetten said that if this use is approved, there should be signage prohibiting parking on Stubbs Bay Road. This would mean that the parking area for the park would have to be enlarged. Goetten suggested that with the increased use of the park and the Luce Line Trail parking may need to be increased without the Little League use. Goetten asked Gerhardson if in fact it would be necessary to install drain tile at Bederwood Park. Gerhardson replied that tiling would not be necessary. Goetten said that she is not sure whether the concession stand is necessary. She did believe that allowing the OBA to use Bederwood Park 4 nights a week from 3:30 to 8:30 starting June 8th would be appropriate. Goetten stated that the program will be monitored very carefully and that she would visit the Park regularly to view the operation first hand. Goetten indicated that it would be very difficult to deny this use of the Park when there is a real need in this area for this kind of organized play. Goetten understood that Bederwood has always been intended • for Little League use and felt it was time Orono took responsibility to provide for a use such as this. Goetten indicated that if she does approve this request, approval must be based on this use being temporary and that there be an annual review of this use. Goetten said that she does not want any lights, or PA system and that parking needs to be upgraded. Councilmember Peterson asked Gerhardson if he knew the number of parking spaces available at Holbrook Park. Gerhardson said that he did not know, but estimated that there were 20 spaces. Mr. Hilbelink said that Gary Larson had measured the Holbrook and Bederwood parking lots. The parking lot at Holbrook is 20,000 s.f. and Bederwood is 23,000 s.f. Gerhardson said that there is a problem with the shape of the Bederwood parking lot. Gerhardson also noted that half of the parking lot belonged to Orono and the other half belonged to the DNR. Mayor Grabek stated that this was an opportunity to serve all of the citizens of Orono. He said that he would be concerned if this request involved exclusive use of all eight acres of the - 10 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE /BEDERWOOD PARR CONTINUED park. Grabek also felt that those persons involved with the OBA who volunteered their time for the benefit of children deserved the support of the Council. Grabek said I can't think of any better way to use our park resources than for our children. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accept the proposal of the Park Commission with the exclusion of voting against the concession stand. There should be fencing, dugouts, bleachers and a concession stand that is constructed with the input of the City staff so that it is suitable for the Park. The Park will be inspected on a yearly basis and the City maintains the right to cancel OBA's use of the Park if there is just cause to do so. The OBA should be given a three year term to use the Park. The removal of structures constructed by the OBA shall occur if it is so deemed by the Council. The scoreboards should be kept to a minimum visual impact and there shall be no electric scoreboards, no PA system, nor will any advertising be allowed anywhere on the premises. The OBA will have use of the field one hour before game time, 4 nights a week. If the number of nights is to increase next year, that should be part of the annual review. Security can be provided to keep ATVs, etc. from damaging the field, but should not prohibit anyone from using the field when it is not being used by the OBA. Councilmember Goetten reiterated that this use must be monitored carefully and be thoroughly reviewed in one • year. Goetten also informed the OBA that this was their last opportunity to present all of the information as to their plans for the field. Goetten said that she would approve nothing additional beyond what was proposed this evening. Mayor Grabek further added that there should be one set of bleachers and that there be no PA system. Councilmember Callahan thought that this was a reasonable compromise with the matter being reviewed each year. Callahan said that he is opposed to the long term use of Bederwood Park for this purpose. Callahan said that he is concerned about the concession stand becoming an attractive nuisance and thought that it should be watched carefully. Callahan said that as part of the annual review, he would like the OBA to provide information showing what steps are being taken toward the goal of moving to the School property. Councilmember Callahan said that he had received numerous phone calls and letters regarding this issue. Callahan was impressed by the attitude of both sides and the way in which they presented the pertinent facts to the Council. Motion, Ayes -4, Nays -0, Motion passed. • PUBLIC COMMENTS: There were no public comments presented this evening. MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 ZONING ADMINISTRATOR'S REPORT: #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD RESOLUTION REQUEST TO TABLE* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table final adoption of a resolution granting variances for a room addition in the 0 -75' zone for Walter and Marilyn Pemberton, 1720 Shadywood Road, until such time that a full five member City Council will be present. Motion, Ayes -4, Nays -0, Motion passed. #1468 GEORGE PILLSBURY 1300 BRACRETTS POINT ROAD RRESOLUTION REQUEST TO TABLE* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table final adoption of a resolution granting variances and conditional use permit approval for a greenhouse addition and grading /retaining wall work in the 0 -75' setback zone for George and Sally Pillsbury, 1300 Bracketts Point Road, until such time that a full five member City Council will be present. Motion, Ayes -4, Nays -0, Motion passed. #1489 F. JOHN HARDIN 1496 PARR DRIVE • REQUEST TO TABLE* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table final adoption of a resolution approving variances to construct an addition on an accessory structure until such time that a full 5 member City Council is present. Motion, Ayes -4, Nays -0, Motion passed. MAYOR /COUNCIL REPORT: RESPONSE TO LONG LAKE ANNEXATION PETITION RESOLUTION #2782 Mayor Grabek asked Gerhardson whether the City had received a copy of the Petition. Gerhardson replied, "No." City Attorney Barrett stated that he had contacted the Municipal Board and requested that a copy be sent as soon as they receive it. Councilmember Goetten asked whether the April 25, 1990 Court date could be changed. City Attorney Barrett said that he would see whether the hearing could be postponed, and in the event that it cannot be - 12 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • RESPONSE TO LONG LAKE ANNEXATION CONTINUED put over, he would try to obtain information regarding the agenda. Councilmember Callahan did not believe that the Resolution adequately expressed his opposition to the annexation. Callahan suggested adding language to paragraph 12 that will reflect Orono's belief that Long Lake is actively planning piecemeal detachments and annexations. Callahan also suggested that paragraph 8 be amended to state that the annexation would adversely affect the economic value of surrounding properties. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2782 as amended and that City Attorney Barrett be directed to keep the Council apprised of the events surrounding this matter. Motion, Ayes -4, Nays -0, Motion passed. Councilmember Callahan suggested that this may be an ideal opportunity for the Mayor to explain the history and events that have occurred since this matter became an issue. Mayor Grabek briefly explained the events that have lead to the City of Long Lake filing a Petition for Annexation of the Sewer Plant Property. • HIGHWAY 12 CORRIDOR STUDY AND CITIZEN'S TASK FORCE Mayor Grabek reported that the meeting has been scheduled for March 28 and the information from that meeting will be presented at the April 9 Council Meeting. Grabek indicated that the City has received seven letters from people interested in serving on the Citizen Task Force. Those letters can be reviewed at the April 9 Council Meeting. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the information presented by staff. Motion, Ayes -4, Nays -0, Motion passed. CITY ADMINISTRATOR'S REPORT: STUBBS BAY SEWER Acting City Administrator Gerhardson explained that information was being presented that pertained to areas that Council may wish to include or exclude with this project. City Engineer Cook stated that the City has received requests to include Christine Drive, Oxford Road and property east of Leaf Street. Cook said, "The properties on Christine and Oxford were developed as two acre lots and were not included in the original study because they had not yet been developed. The rest of the area has less than two acre lots with the exception 40 of a few lots that are over 2 acres. I believe, however, that - 13 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEWER CONTINUED • all of those properties (in the original study) should be included in the information presented at the public hearing. We are also recommending that the lots to the east of Leaf Street be included because they are less than the 2 -acre minimum standard for the area. Mayor Grabek asked whether staff is recommending that Oxford and Christine be included in the study. Cook replied that those areas should not be included in the study. Cook noted that the 5 lots east of Leaf Street have not previously been included in the study and the property owners have not been notified. Cook suggested that if this area is to be included, that staff meet with the property owners prior to a public hearing. Mayor Grabek asked whether it would be possible for the Christine Drive and Oxford Road properties to tie into the line at a later date. Cook replied that it would be possible for both areas to tie in later. Grabek asked how these properties would be charged if they were to tie in later, and questioned whether it may be appropriate to charge those properties now. • Cook replied that staff is recommending a standard trunk charge of $6,500.00 plus a lateral charge. The $6,500.00 would be charged to anyone that wished to connect in the future, as would the lateral charge to bring the line to an individual property. Gerhardson noted that an inflationary factor would be considered and added to the $6,500.00. Councilmember Goetten said that in 1975 the Comprehensive Plan states that lots that are 2 acres or more should have the capacity to facilitate a primary and alternate septic site. Goetten said that it is difficult for the Council to now request those properties to be sewered. With regard to the Oxford Road properties, Goetten questioned whether it is the City's goal to see that lakeshore properties are sewered. Gaffron responded that the Comprehensive Plan does not set that goal. Gaffron believed, however, that it should be a goal of the City to sewer lakeshore lots. Goetten asked, what kind of systems the Oxford properties currently have. 14 - 0 MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • STUBBS BAY SEWER CONTINUED Gaffron replied that there are three lakeshore properties with mound systems and three with trench systems. All systems meet current standards and only one has had sporadic failure problems because of high water use. Gaffron said that there is no evidence of any seepage into the lake. Cook indicated that the difficulty involved with sewering those properties has not been fully determined, but the lift stations would have the capacity to serve that area. Cook said that it may be necessary to add some form of a pumping system to get the sewage to the system now being installed. Cook said that it may be necessary for the City to obtain easements along the lakeshore of those properties if sewer is to go into that area. Mayor Grabek asked if there were any facts indicating that over a period of time septic systems near the lake will contaminate the lake. Gaffron replied that after a long period of time it might be possible for phosphorus to enter the lake. Gaffron said that the process of phosphorus movement toward the lake will occur more rapidly in sandy soils and more slowly in clays. he noted that it might be 75 years or more before phosphorus gets to the lake from correctly functioning systems. • Councilmember Callahan stated that there seemed to be a reason to include Oxford Road in the project, especially the lakeshore lots. Councilmember Peterson asked Gaffron why three lots had been excluded from the Oxford area. Gaffron said that those properties probably could not be easily served without obtaining an easement from the properties abutting Oxford Road and extending extra laterals across the road, since the houses on the west side of the road would likely be best served by a pipe on the lake side of those houses. Mr. Steve Whitman, 3620 Eileen Street, indicated that he was speaking on behalf of his wife Linda and David and Sherokee Ilse. Mr. Whitman referred to a letter that he had distributed to the Council this evening requesting that his property and the Ilse property be excluded from the project. (See the Whitman /Ilse letter dated 3/26/90.) Mayor Grabek asked if there were other properties within that area that have functioning septic systems? Gaffron replied that 175 Landmark Drive was recently developed and has a conforming septic system and a tested is alternate site. Mr. Harren, the owner of the property has - 15 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEWER CONTINUED requested to be excluded from this project. Gaffron stated that • if the Council wished to exclude any properties, the Harren property would be a candidate. Gaffron said that 185 Landmark Drive has less acreage and an existing system that is probably within the 75' setback area. Gaffron said that there are possible, but not fully evaluated alternate sites. Mayor Grabek asked if exclusion of properties was a normal procedure with a sewer project. Cook said that exclusion is normally not a feasible option because it increases the burden of cost for those that must be included. Mayor Grabek asked City Attorney Barrett what legal grounds the Council would have if they chose to exclude certain properties, but not others. Barrett replied, "In my opinion, you have the authority to sewer those properties which you think ought to be sewered. As long as you have a reasonable basis for sewering some and not others, you would have a legal authority to do that." Ms. Sherokee Ilse, 3630 Eileen Street, understood that the Comprehensive Plan does not require 2 acre properties to be sewered. She suggested that the Council make a decision prior to • any public hearing as to whether they intend to include two acre properties in this project. She said that they too have a fairly new septic system and a tested alternate site. She did not understand why they were being included in the project. Mr. Harren, 175 Landmark Drive, said that he had requested permission from the City to put in a septic system without the mound system because it would have saved him a significant amount of money. Mr. Harren said that the City did not give him permission to proceed in that manner because there was nothing in the Code that allowed it. Mr. Harren said that the City proposed the option of holding tanks, but due to the size of his family, he did not think that was practical. Mr. Harren indicated that it would be very costly to bring the sewer line to his property and asked to be excluded. (See Mr. Harren's letter dated March 5, 1990.) Mr. Terry Olson, 3640 Bayside Road, indicated that he had the same objections to be included in the project as those previously expressed. Mr. Olson said that he is an engineer and disagrees with the earlier statements by staff regarding lake contamination. Mr. Olson stated that as long as a septic system is functioning properly, leeching will not occur. Mr. Olson stated that he too had submitted a letter asking to be excluded from this project. Mr. Olson expressed concern that the project - 16 - • would disturb trees existing along the lakeshore. • Cook said that there is always that danger when undertaking a project such as this. Ms. Linda Whitman, 3620 Eileen Street, noted that their property, and the Ilse and Harren properties as well, are set back from the lake. Ms. Whitman referred to the information she provided which states that they do have an alternate septic site. She said that she would be willing to put in writing that they would not do anything to their property that would disrupt that site. Ms. Whitman asked that the Council make a determination now that they are to be excluded before it becomes necessary to become involved in a more costly debate about this issue. Mayor Grabek said that he can understand the positions indicated by those who wish to be exempt, but there is also the problem of setting a form of precedent. Ms. Ilse asked how many two+ acre, non - lakeshore sites exist that have new septic systems and tested alternate sites. Gaffron briefly summarized the status of the lots recommended for inclusion in the project. There were only a few lots that could be classified with the Harren property as being in excess of two acres with tested primary and alternate sites. Gaffron noted that Oxford Road and Christine Drive were being considered only due to the request of residents that did not • necessarily reside in either one of those locations. Gaffron said that the residents were trying to decrease the cost /unit factor by involving as many properties as possible. Ms. Whitman said that she had talked with the City Administrator and it had been determined that the exclusion of 4 or 5 properties would have a negligible effect on the cost of the project. Ms. Whitman also noted that the Comprehensive Plan more or less sets forth some criteria as to what lots should and should not be included in the project. Ms. Whitman added that the boundary lines for the project seem to be quite arbitrary. Mayor Grabek said that he would prefer to have staff provide more information regarding properties that they feel should be included or that could be excluded. Councilmember Goetten agreed with Mayor Grabek that the Council does not have the expertise to plan for sewer projects. Goetten did not think that Council had been provided with enough criteria for making a decision as to what to include or exclude. Goetten also noted that lawsuits increase the cost of the project. Gaffron asked,for direction from Council as to what specific information they would like staff to provide. Gaffron stated • that staff has made a recommendation as to which properties to - 17 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEWER CONTINUED • include. He suggested that if Council wishes to exclude properties from that area that it be done with a rational basis using the physical characteristics of the various properties to be excluded. Cook added that when considering septic systems, one is not dealing with an exact science when estimating the life of a system. Cook said that when an area is considered, it should be considered as a whole, because there are many subjective factors to otherwise consider. Councilmember Callahan asked Cook what is logical about the area that has been recommended? Cook replied, "It is contiguous to the County Road which is the location we are proposing to place the trunk. We can conveniently, by topography, serve the property within that area." Callahan stated that such criteria could apply to any property abutting a County Road. He asked Cook what further factors were considered when planning this project. Cook said, "We began looking at Stubbs Bay Northwest and Stubbs Bay Northeast because that is an area with small lots and existing problems. From that determination we looked at the • corridor along which the trunk line was established between the two ties." Gaffron depicted the area that the Comprehensive Plan describes to be sewered. Gaffron said that there are obvious boundaries with the Luce Line on the north, Leaf Street on the east, Bayside Road to the south. Gaffron said that the City has been talking about sewering this area for 15 years. Cook said that anytime a project is considered, the feasibility of doing the project must be also be considered. They cannot make the project work if there are not enough properties involved to keep costs within reason. Callahan asked if there were compelling reasons to sewer Stubbs Bay Northwest and Northeast? Gaffron replied that yes, from soils and system condition standpoints there is reason to sewer the area. Gaffron said that not every system is failing, but there are a number of systems that are too close to the lake and on small lots that have seepage occurring. Gaffron stated that there are 6 -8 systems that are using holding tanks and around the lake in particular, that is a big concern. - 18 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 . STUBBS BAY SEWER CONTINUED Mr. Olson said that it is obvious that there are properties that are in need of sewer. He said that the City is asking the larger, newly developed properties to support the smaller properties that actually need the project. The Council agreed that they were in need of more time to review all of the aspects of this project. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter until the April 9, 1990 Council Meeting. Motion, Ayes -4, Nays -0, Motion passed. CIGARETTE VENDING MACHINE ORDINANCE 81, SECOND SERIES It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Ordinance 81, Second Series, amending Section 5.24 so as to totally ban cigarette vending machines within the City of Orono, effective May 1, 1990. Motion, Ayes -3, Councilmember Peterson, Nay. JOINT COUNCIL /PLANNING COMMISSION MEETING It was moved by Mayor Grabek, seconded by Councilmember Goetten, to hold a joint Council /Planning Commission Meeting for Saturday, April 7, 1990 at 8:30 a.m. Motion, Ayes -4, Nays- • 0, Motion passed. REQUEST TO HAVE AUTO AUCTION* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to establish April 28, 1990, at 10:00 a.m. at Martins 66 as the time and place for an auction of unclaimed vehicles subsequent to published notice in the official newspaper and notification being sent to registered owners. Motion, Ayes - 4, Nays -0, Motion passed. • SECRETARY POSITION RESIGNATION - EMPLOYMENT Acting City Administrator Gerhardson requested that this item be removed from consideration. SALARY REVIEW - ASST. FINANCE DIRECTOR* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjust Assistant Finance Director Linda Walters' hourly wage rate from Level 5, Step II ($11.073) to Level 5, Step III ($11.688) effective April 2, 1990. Motion, Ayes -4, Nays - 0, Motion passed. TERMINATION OF EMPLOYMENT PROBATIONARY POLICE OFFICER AND PERMISSION TO EMPLOY FULL TIME POLICE OFFICER Chief Kilbo requested permission to hire Mr. Jay Dembouski as a full time officer to replace Jeff Larson who has been terminated. =90M MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 EMPLOYMENT OF POLICE OFFICER CONTINUED • It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the termination of employment of a probationary employee and authorize the employment of Mr. Jay Dembouski at $10.558 per hour effective after April 2, 1990, subject to his passing the necessary background investigation, psychological and physical. Motion, Ayes -4, Nays -0, Motion passed. TERMINATION OF EMPLOYMENT PART -TIME OFFICER PERMISSION TO HIRE PART -TIME OFFICER Chief Kilbo requested that the resignation of Thomas Palkki be accepted and that Council approve the hiring of Mr. Richard Karnitz. Councilmember Peterson asked how much money was expended on the two Officers that have terminated. Kilbo replied that nothing was spent for uniforms, but the costs for the tests of these officers was lost. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the resignation of the part -time officer and authorize the employment of Mr. Richard Karnitz at $9.285 per hour effective April 2, 1990, subject to his passing the necessary background investigation, psychological and physical. Motion, Ayes -4, Nays -0, Motion passed. • TEMPORARY EMPLOYMENT - GOLF COURSE* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve employing the following persons as counter help and greenskeeper helper at the Orono Golf Course for the 1990 golfing season effective March 3, 1990: Betty Stevens Counter Helper @ $5.50 /hour Walter Mills Counter Helper @ $5.00 /hour Robert Brown Counter Helper @ $4.75 /hour Don Yeager Counter Helper @ $5.25 /hour Dave Lindstrom Counter Helper @ $4.75 /hour Fred Abrahamson Counter Helper @ $4.75 /hour Doug Erickson Greenskeeper Helper @ $4.75 /hour Dan Oas Greenskeeper Helper @ $5.25 /hour Motion, Ayes -4, Nays -0, Motion passed. YARD WASTE COMPOSTING - 1990* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to establish a leaf and grass drop -off program as outlined above and to fund the cost of the program from the recycling program. Motion, Ayes -4, Nays -0, Motion passed. - 20 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 • C.D.B.G. YEAR XVI RESOLUTION #2783* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2783, approving the disbursement of C.D.B.G. Year XVI funds as Resolution #2783 sets forth. Motion, Ayes -4, Nays -0, Motion passed. SPRING CLEAN -UP DAYS* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to designate May 5 and May 12, 1990 as Orono Spring Clean -up Days. Motion, Ayes -4, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Peterson, to accept the regarding: Fire Coverage Officer -Part Time, Police Trapping, Planning Commissio and Orono Interceptor /MWCC. passed. Grabek, seconded by Councilmember City Administrator's Information Zones, Well Drilling /Test, Police Vehicle Replacement Plan, Beaver z and Park Commission Appointments, Motion, Ayes -4, Nays -0, Motion CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report. LICENSES Councilmember Goetten noted that Lakeview Golf had submitted • an application for a license to sell cigarettes from a vending machine. 40 Gerhardson asked if Council would approve the application if that request is an error on behalf of Lakeview Golf and they are asking to sell cigarettes over - the - counter. Councilmember Goetten indicated that she would not object. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the following license(s): Home Occupation Initial Review: Home Occupation Annual Review: Cigarette: On -Sale Non - Intoxicating Malt Liquor: Motion, Ayes -4, Nays -0, Motion passed. - 21 - Maryanne Ebert 1680 North Farm Road Marmet Services 130 Cygnet Place Lakeview Golf (as amended) 405 North Arm Drive Lakeview Golf 405 North Arm Drive Rosemary Scheuer noted that over -the- counter cigarette licenses would expire May 1, 1990 and asked whether they will need to be relicensed? Mayor Grabek asked City Staff to provide Ms. Scheuer with • the information she requested. Mayor Grabek also asked staff to provide Council with information concerning the LOGO contest. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes -4, Nays -0, Motion passed. ADJOURNMENT 10:10 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the Regular Council Meeting at 10:10 p.m. Motion, Ayes -4, Nays -0, Motion passed. Jame R. Grabek-,- -Mayor - 22 - 0