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HomeMy WebLinkAbout09-24-1990 Council Minutesto MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor James Grabek, Councilmembers Diann Goetten, Allan Nettles, and Barbara Peterson. Councilmember Callahan was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. RECOGNITION OF EMPLOYMENT - JOHN SASS Mayor Grabek presented John Sass with a Certificate of Appreciation for his 10 years of service to the City of Orono. Mayor Grabek added that Mr. Sass not only contributed to the Community as a Public Works employee, but that he also contributed as the owner of the Texaco Gas Station on Smith's Bay for 15 years. STORM SEWER SYSTEM NAVARRE HEIGHTS AREA PUBLIC HEARING 7:04 P.M. TO 7:20 P.M. The Affidavit of Publication was duly noted. City Administrator Bernhardson summarized the history of this property leading to the Public Hearing being held this evening (see Mark Bernhardson's memo dated September 13, 1990). • He added that a petition has been submitted this evening from neighbors wishing to pursue a surface drainage solution. Bernhardson said, "The City had considered the aspect of the private property owner exploring such a solution. The City has concerns about being involved with such a system. If Council wishes to pursue a surface drainage system, it will be necessary to order a feasibility study. There are four persons who had signed Ms. Cuff's original petition that have now indicated they would prefer to explore a surface drainage alternative. If a feasibility study is ordered, it would be possible for the City to share the cost of the study with the persons interested in that alternative." Mr. Anthony Gleekel, Attorney for Mark and Karen Cuff, stated that the Cuffs have done everything that City has asked them to do. He said, "The Cuffs have obtained a petition of "35% of the affected residents. The project should be ordered. The Cuffs met with the City Engineer and Public Works Director back in February. They discussed alternatives to an underground system, but it was determined that a surface drainage system was not feasible. A surface drainage system would render the lot useless to the Cuffs. This issue has been reviewed for a year and a half and at this time, I think it is appropriate to order the underground storm sewer project." Mr. Jim Smith, 3580 Livingston Avenue, stated that he has • - 1 - ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 STORM SEWER SYSTEM- NAVARRE HEIGHTS AREA CONTINUED been a Livingston Avenue resident for two and half years. He • said, "We have watched the water problem from the time we moved in. It is a substantial problem. We have considered selling our home recently, but the water problem poses a drawback. There is usually a lake in front of the Cuff's residence and it extends to our property. That is not appealing to perspective buyers. The water is ruining our driveway. It takes very little rain for a lake to form. We whole- heartedly support an underground system if that will solve the problem. I have seen the water in the Cuff's basement whenever it rains. If I were in their shoes, I would also be asking the City for assistance. Something must be done." Mr. Chet Versailles, 3472 Livingston Avenue, stated that he too has lived on Livingston Avenue for two and half years. He said, "We have been investing money in our home and have seen other neighbors do the same thing. As time went by, we realized that there is a water problem at the end of the street. I think the Cuffs have a legitimate concern and I would like to see something done. I signed the petition supporting this project." Mr. Harvey Reder asked what rights and responsibilities a property owner has in relation to drainage coming off of his /her property after purchasing it. Barrett replied, "The law in Minnesota states that a • property owner is allowed to reasonably divert the flow of water from his /her property to the property below. The question is whether the diversion or the action taken to move water off of the property is reasonable." Mr. Reder asked, "Shouldn't a person be required to re -grade his /her property so that water continues to flow as it has in the past ?" Barrett replied, "That really depends on whether or not the diversion of water from the property has been reasonable and appropriate. The property owners upgrade must act reasonably toward those persons with property at lower grades." Mayor Grabek asked Mr. Reder if he had a specific question relating to the Cuffs. Mr. Reder asked, "Was it reasonable for Mark and Karen to re -grade their lot and not provide seeding or sod to slow the water flow from the property ?" Mayor Grabek stated that such a question could not be answered at this time without further review. There was no further comments from the public and Mayor - 2 - • ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 STORM SEWER SYSTEM - NAVARRE HEIGHTS AREA CONTINUED • Grabek closed the Public Hearing. Nettles stated that he has always favored an underground solution to this drainage problem. He said, "I believe an underground system is the best overall method to address this problem. It will preserve the integrity of all of the lots in the area without providing an open area that may become a problem in the future. I realize that it is more costly." Mayor Grabek asked Barrett whether the original petition meets the 35% requirement in light of the four persons who also signed the petition for the alternate method. Barrett replied, "I understand that the second petition has been considered as a request for the drainage system to go above ground. The legal impact of the 35% is only that it changes the required majority for Council's vote. If the petition is less than 35 %, 4 /5ths of the Council must vote in favor. A petition with 35% or more only requires a 3 /5ths majority." Peterson stated that she has always been in favor of the underground drainage system. She asked where the water from the surface drainage system would go. Sh.e said, "I have looked at the property and know what the Cuffs intend to do with it. How would surface drainage affect their plans ?" • Karen Cuff said, "Drainage would have to run either through the middle of the property or be diverted to the east property line." Goetten asked Glenn Cook to provide a brief explanation of each drainage method. Cook displayed a drawing showing where the water is presently running. He said, "When the water gets deep it runs around both sides of the Cuffs' house. The property owner of Lot 6 has done some re- grading and provided a slight berm to keep the water away from his house. We are concerned how a surface drainage system would affect Lot 6 and other properties in that area. If we were to have a drainage ditch along the Cuffs' east property line, it would probably be necessary to remove some of the large trees. I don't believe that an above ground system is a practical method. It would be necessary to obtain an easement through the middle of the Cuffs' property. With regard to an underground system, it will only handle a five year storm. That means that every five years or so we may have a storm that will overflow the underground system. An underground system would lessen erosion and contain all of the rainfall underground to the railroad ditch where it will be discharged." Goetten asked which system provided the least liability risk • - 3 - ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 STORM SEWER SYSTEM - NAVARRE HEIGHTS AREA CONTINUED for the City. Cook stated that the surface drainage would naturally flow toward Lot 6. He said, "If water should run over the edge of the swale and damage the property on Lot 6, there is potential liability in that regard. There is minimal risk with the underground system, except in the event of a major storm. It is possible that Lot 6 will still experience water damage and could potentially sue the City." Goetten asked what the cost difference is between the two options. Cook estimated that the underground system would cost twice as much as a surface solution. He said, "It depends on how many trees need to be removed and the type of easements that must be obtained." Peterson asked Cook whether a surface system would prevent further erosion on the west side of the Cuffs' property. Cook replied, "It would be necessary to install a gutter or curb alongside the road to bring drainage to a focal point." Mayor Grabek asked Barrett what legal, financial risks may be involved if the City orders the storm sewer project and finds that a majority of the neighbors oppose it. Barrett replied, "After examining the market impact, the City would want to distribute the cost of the project to each lot. If the property owners objected to that, they could appeal to District Court. If the Court found that the impact did not improve the property values by the amount of the assessment, it could reduce the assessment and the City would pay the difference." Peterson asked how many property owners would share in the approximate $32,000 cost of the project. Cook replied, "I believe we figured the cost to be approximately $700 /lot." Mayor Grabek asked whether the City has a legal obligation to proceed with the project if a 35% petition is received or if it is a matter of how many votes are received for the project. Barrett replied, "It is the latter." Bernhardson suggested that Council could have the plans and specifications drawn and obtain bids. He said, "An Assessment Hearing could take place and the assessment could be ordered. - 4 - • r � U f i l l ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 STORM SEWER SYSTEM - NARVARRE HEIGHTS AREA CONTINUED • The City could then wait 30 days to see what appeals are received prior to ordering the project." Mayor Grabek asked what the City's financial obligation would be at that point. Bernhardson replied, "The City would incur the cost of the feasibility study and.preparation of the plans and specs." Cook stated that it would cost approximately $2,500. Nettles noted that those costs would be included in the assessment if the City chose to proceed with the project. Mayor Grabek stated that he would prefer to see the neighbors in the area agree to one plan or the other. It was moved by Nettles, seconded by Peterson, to proceed as suggested by the City Administrator. Motion, Ayes -4, Nays -0. Motion passed. HIGHWAY 12 IMPROVEMENTS PUBLIC HEARING 7:35 P.M. TO 7:37 P.M. RESOLUTION #2876 The Affidavit of Publication was duly noted. • Bernhardson stated that Rebers, Otten and Wear will be assessed for these improvements and that the project costs are within the amounts approved in the petition. He said, "Both Mr. Otten and Mr. Wear have prepaid portions of their assessments. The assessment is for the balance as agreed to in the petition." There were no comments from the public and Mayor Grabek closed the Public Hearing. It was moved by Nettles, seconded by Peterson, to adopt Resolution #2876, adopting the assessment roll for sewer and water improvement, Phase I, north side of Highway 12, between Brown Road and Willow Drive. Motion, Ayes -4, Nays -0. Motion passed. CONSENT AGENDA* Peterson asked to have item #22 removed from the Consent Agenda for discussion. Goetten asked that item #23 be removed from the Consent Agenda for discussion. Bernhardson stated that the date in the resolution presented for item #7 was requested to be revised from November 1, to December 1. He stated that if Council approved that revision • - 5 - 1 , � ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 CONSENT AGENDA CONTINUED that the item could remain on the Consent Agenda. Bernhardson • further stated that staff had been requested by the applicant to table item #8 and that item #9 should not have been included as a consent item. It was moved by Nettles, seconded by Peterson, to approve the Consent Agenda, with the exception of item #22 and #23, which were removed and discussed in the order appearing on the Agenda, and the revision to item #7 as stated by the City Administrator. Item #8 is included as a consent item, and item #9 will be part of the Regular Agenda. Motion, Ayes -4; Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Nettles, seconded by Peterson, to approve the Minutes of the Regular Council Meeting held September 10, 1990. Motion, Ayes -4, Nays -0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LAKE USE AND MANAGEMENT JoEllen Hurr was present to discuss any further questions or information regarding the LMCD Management: Plan. Goetten asked whether there have been any other cities that have expressed opposition to the Plan. Hurr replied, "I am not aware of any more." • Bernhardson said, "We were last informed that there were eight communities in favor of the Plan. That is not certain at this point. There has been some discussion that those communities that favor the Plan may not vote knowing that there is not unanimous support. These cities may ask that the vote be delayed." Hurr said, "The Board may wish to take more time to work with the cities. The Plan is really a guide or outline, a draft of what the LMCD needs to do further. It is not a final document such as a zoning ordinance." Mayor Grabek asked why there is such urgency to have the Plan approved if it is just an outline. He asked why the LMCD does not opt to continue to work with the other cities until they have met everyone's concerns. He said, "I thought this was a black and white situation." Goetten said, "I certainly did not view this Plan as an outline." Hurr replied, "There is more work to be done." Nettles said, "That conflicts with what we have been told - 6 - • ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 LMCD REPORT CONTINUED • previously. I was under the impression that this was a take it or leave it situation. I believe that this Plan can be worked on further. I would rather have the vote delayed and the lines of communication kept open." Hurr stated that she could make a motion to have this matter tabled for a certain number of months at the September 26th LMCD Board Meeting. Goetten said, "I believe that it would be beneficial for the LMCD to delay the vote and work to add more votes in favor. We all know that everyone has worked very hard on this Plan." Mayor Grabek suggested that JoEllen's motion should be to table for six months due to the upcoming elections and possible changes in local governments." It was the consensus of the Council that LMCD Representative Hurr should make a motion to delay the vote on the LMCD Management Plan for six months. PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: • #998 MAUREEN S. BELLOWS 265 BROWN ROAD SOUTH BYFIELD PLAT ACCESS RESOLUTION #2877 AMENDED* It was moved by Nettles, seconded by Peterson, to adopt Resolution #2877, as amended to show a completion date of December 1, 1990, rather than November 1, 1990, in condition number one. Motion, Ayes -4, Nays -0. Motion passed. #1334 REBERS CONSTRUCTION - SUGARWOODS PLAT RECONSIDERATION OF CONDITIONS OF PRD APPROVAL* It was moved by Nettles, seconded by Peterson, to table this item as requested by the applicant. Motion, Ayes -4, Nays-0. Motion passed. #1470 BILL KNAPP /DAN PARTEN 4300 BAYSIDE ROAD PRELIMINARY SUBDIVISION - REVISED PROPOSAL Mr. Knapp was present. Bernhardson provided a summary of the revisions Mr. Knapp is proposing (see Michael Gaffron's memo dated September 18, 1990). He suggested that Council may wish to refer this back to the Planning Commission for their review. Goetten asked why the road is divided into several outlots 0 -7- ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 ZONING FILE 11470- RNAPPIPARTEN CONTINUED rather than one. • Gaffron replied. "One of the reasons is that the private road may extend only to a certain point and would extend from there as a driveway. Also, because the City may take easements over the private road, the developer prefers to have it stop as shown and have a driveway continue. Because of the topography, the applicant is proposing to put a loop farther away from the east property line." It was moved by Nettles, seconded by Goetten, to refer Zoning Application #1470 back to they Planning Commission for their review and recommendation. Motion, Ayes -4, Nays -0. Motion passed. #1532 FULLERTON PROPERTIES 2225 SIXTH AVENUE NORTH FINAL SUBDIVISION REQUEST TO TABLE* It was moved by Nettles, seconded by Peterson, to table this item to the October 8, 1990 Council meeting, as requested by the applicant. M,)tion, Ayes -4, Nays -0. Motion passed. 11552 STEVEN & RENEE FOSTER 1800 SHADYWOOD ROAD VARIANCE . DENIAL RESOLUTION #2878* It was moved by Nettles, seconded by Peterson, to adopt Resolution #2878, denying variances for hardcover and work in the 0 -75' zone for Renee and Steven Foster at 1800 Shadywood Road. Motion, Ayes -4, Nays -0. Motion passed. #1579 GARRY EVERSON 4755 NORTH SHORE DRIVE AFTER -THE -FACT VARIANCE Mr. and Mrs. Everson were present. Bernhardson briefly reviewed the information pertaining to the Everson's application. He noted that the Planning Commission had voted 4 to 1 to recommend denial. Gaffron depicted on a sketch the location of the original deck in relation to the new deck. Mrs. Everson explained that the area of deck shown to exist over the lot line is where a shared garbage structure is located. She said, "Our neighbors have no objection to the existence of this structure on their property. The back stairway leading to the lake was previously located next to the house. There was a problem with ice because the eaves would drip on them. If we are required to bring the deck back to its original size, we would - 8 - • ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 ZONING FILE 11579 - EVERSON CONTINUED • also have to move the steps back. The existing deck is helping to prevent erosion of the dirt under the deck. The pre- existing deck was totally rotten. We had intended to replace only the decking but found as we went that more and more needed to be replaced. We did not realize we needed a permit. Oar neighbors have no objection to this." Mayor Grabek questioned whether work on the deck continued after the City issued a stop work order. Mr. Everson replied, "The deck was constructed in four days. By the time the City issued the red tag, the deck was completed." Mr. Everson stated that he had been told that the property had 50% hardcover at the time he purchased the property. He asked whether that meant that nothing could ever be done to the property in the future. Mrs. Everson asked if they would be allowed to replace their driveway if it became damaged. She said, "It is really not fair that most of the shared driveway is located on our property." Mayor Grabek asked if a local builder constructed the deck. Mr. Everson stated that he had constructed the deck. • Goetten informed the Eversons that in the event their driveway did need replacement, it would be necessary to come to the City for a hardcover review. She said, "It is likely that if replacement of the driveway is approved that you would need to remove hardcover from other locations on the property." Mr. and Mrs. Everson noted that the landscaping and large garden area in front of the house have no plastic underlining. Mrs. Everson said, "Plastic may have been installed years and years ago. However, both areas grow weeds like crazy." Mr. Everson stated that he would be willing to convert the large garden to sod. Goetten asked whether the Planning Commission had addressed the six or seven foot fence in their motion. Gaffron stated that the Planning Commission had not taken a position on the fence. He said, "The fence would need a 10' setback if it exceeds six feet in height." Mrs. Everson stated that the fence was constructed long before they purchased the property. Sfte also stated that they could consider the option of cutting the deck back to meet the 10' setback. 0 - 9 - ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 ZONING FILE #1579 - EVERSON CONTINUED It was moved by Goetten, seconded by Peterson, to • conceptually deny the after - the -fact variance for Garry and Marie Everson, in a =cordance with the Planning Commission's recommendation and the condition that a double fee be paid for the building permit and zoning application. Mayor Grabek asked how close a deck 18' x 13' would come to the property line. Gaffron replied, "Approximately 17' and a 10' setback is required." Mayor Grabek asked whether future neighboring property owners would have any recourse against the City should the Council approve the existing deck. Barrett replied, "The present neighbor has consented to have the structure encroach on his property. If there is no easement granted by the present neighbor, the future neighboring property owners would have to take action against the Eversons to have the structure removed. The City could best protect itself from a liability standpoint by requiring a written agreement from the property owner before approving the location of the structure." Mayor Grabek suggested that the provision of such an agreement and removal of additional hardcover may be an alternative to denial. Bernhardson noted that the suggestion offered by Mrs. Everson to cut the deck back was another option. Goetten stated that she would agree to cutting the deck back if the Eversons would reduce hardcover to a level of 25% in the 75 -250' setback area. Nettles stated that it is difficult to vote against the Planning Commission and staff. He said, "Conceptual denial does provide them with the opportunity to present another plan. However, we have • consistently denied applications such as this and it would be difficult to approve. Motion, Ayes -4; Nays -0. Motion passed. PUBLIC FACILITIES Bernhardson stated that this issue would probably go before the Planning Commission in November. He said, "The language that would be presented would allow publicly owned parks and playgrounds as a Permitted Use in residential areas. Schools and daycare over 14 pupils would be Conditional Uses, as would public service structures for local use and antennas with a pre -empt limitation. All other uses would fall under commercial or industrial as a Conditional Use. Councilmembe:: Nettles had questioned how other cities construe municipal buildings. Barrett explained, "The standard language that is used in regard to municipal buildings assumes that such structures will only be used by the municipality in which the structure is located. I have not seen language which makes a distinction between the municipality using the structure. However, I think such language is appropriate. We will have to determine a reasonable basis for distinguishing by jurisdiction." Bernhardson said, "One form of distinction could be that the City Council for the city in which the structure will be located, is the one that also approves and orders the construction - 10 - • • ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 PUBLIC FACILITIES CONTINUED project." Nettles questioned whether there may be an issue with grandfathering such structures that have already been considered. Barrett stated that the moratorium should eliminate any problem. He said, "Only those projects for which a building permit was obtained from the City prior to the moratorium would be grandfathered." It was moved by Mayor Grabek, seconded by Goetten, to refer this matter to staff and Planning Commission for specific language development as outlined. Motion, Ayes -4, Nays -0. Motion passed. HARDCOVER VARIANCE PROTECTION Bernhardson suggested that this issue be addressed at the time the shoreland regulations are modified. Goetten referred to paragraph C in Bernhardson's memo, attachment A, and not -ad that staff has started using this procedure of notification to some degree. It was moved by Mayor Grabek, seconded by Peterson, to • direct staff to upgrade the language and take any comments regarding any standards changes for inclusion with the shoreland regulation modifications. Peterson asked whether this issue would be reviewed by the Planning Commission. Bernhardson stated that it would be necessary to proceed with the normal Ordinance amendment procedure. Motion, Ayes -4, Nays -0. Motion passed. WETLANDS Bernhardson reviewed the information in his memo dated September 14, 1990. He stated that the wetland regulations the City of Orono currently has are efficient in protecting the wetlands. He said, "Revising the present standards to increase protection may cause greater problems in the balance of the community. Goetten agreed that the City has adequate measures for wetland protection. She questioned whether it is necessary to more clearly define wetlands versus the flood plain. Peterson asked Bernhardson whether he had spoken to Councilmember Callahan regarding this issue. Bernhardson replied, "I did talk with Councilmember Callahan. I believe that he would still. like to see protection increased, though he is not sure in what area. I believe he was more concerned about the Landstar Development on Old Beach Road. - 11 - This matter could be tabled until Councilmember Callahan is ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 WETLANDS CONTINUED • present." It was moved by Peterson, seconded by Goetten, to table this issue until Councilmember Callahan is present. Mayor Grabek stated that he could see no reason to table. Motion, Ayes -2, Mayor Grabek, Nettles, Nay. Motion failed. It was moved by Mayor Grabek, seconded by Nettles, to accept the information presented by staff regarding wetlands protection. Motion, Ayes -2, Goetten, Peterson, Nay. Motion failed. It was moved by Nettles, seconded by Mayo:: Grabek, to table this matter until the October 8, 1990 Council meeting. Motion, Ayes -4, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: Mayor Grabek reported that contributions were received for the Octoberfest banner for the School. He said, "The banner is displayed on the corner of Highway 12 and Old Crystal Bay Road. The sign can be used for many years to come." Mayor Grabek showed a video tape pertaining to the upcoming Special Olympics that will be held in the Minneapolis /St. Paul area. Following the viewing of the tape he stated that Mr. Irwin • Jacobs is the Chairman of this event. He said, "I believe this is a real opportunity for Minneapolis /St. Paul to be asked to sponsor this event. Each Metropolitan City is being asked to sponsor a certain Country. Orono needs to supply a Director to assist with the program. I would appreciate it if the press could provide some assistance. The contact person is Carol Smith, 943 -2733, she is the Special Olympics Coordinator for our region. I believe Orono is being asked to sponsor two Caribbean Countries." Peterson stated that a recent newspaper article had stated that the Corcoran animal facility is going to cease to exist. Bernhardson replied, "We have been given assurance that they will continue to operate through March. We are looking at alternatives." CITY ENGINEER'S REPORT: REQUEST FOR PAYMENT #1 -1990 SEALCOATING It was moved by Mayor Grabek, seconded by Peterson, to approve, Pay Request #1 to Allied Blacktop Company for sealcoating City streets for an amount of $35,359.95. Motion, Ayes -4, Nays -0. Motion passed. - 12 - • ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 REQUEST FOR PAYMENT #5 -WELL #3 It was moved by Mayor Grabek, seconded by Peterson, to approve Pay Request #5 to Keys Well Drilling Company for Well #3 in the amount of $18,468.00. Motion, Ayes -4, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: STUBBS BAY PROPOSED SEWER PROJECT Bernhardson presented updated information regarding the response from interested and non - interested persons. He noted that there are now 13 interested parties. He said, "We have been approached by a person interested in the project. He has indicated that he would like to go door -to -door to talk with the area residents about the project." Goetten supported such an effort. She said, "It would be helpful to know the specific reason why people are not in favor of the project." It was the consensus of Council to accept the information and recommendation presented by staff. CITY FACILITIES • Bernhardson stated that the option for the property on Highway '_2 has now been obtained. He asked Council for further direction and outlined the alternatives presented in his September 18, 1990 memo. Mayor Grabek said, "We have taken a long look at this. We know we need a facility. There were only a few sites recommended by the Committee established by the City." Goetten stated that she agrees a new facility is needed. She said, "I was not aware the Citizens Committee was going to take any action at their meeting on August 23rd. I have not been updated as to the status of this issue. Since we do have six months to exercise the option on the Highway 12 property, I would like to table this." Bernhardson apologized for not providing Councilmember Goetten with a full update regarding this issue. Peterson asked whether it was. appropriate for an official vote to have been taken at what was deemed to be a Council Workshop Session. Bernhardson replied, "I believe that it was appropriate for a vote to have been taken." 0 - 13 - Peterson asked whether the public was notified of the Work ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 CITY FACILITIES CONTINUED Session. Bernhardson stated that the public had been notified. Nettles stated that it would be appropriate for Councilmember Callahan to be present to express his opinion. He said, "We have obtained an option on this property at a favorable price. The Citizen's Committee has carefully considered this issue and has provided us with their recommendation. I would hate to see us lose this property and would suggest that this issue be scheduled for the next Council meeting and that Council take action at that time." Peterson asked when the next meeting of the Citizen's Advisory Committee will be. Bernhardson replied, "We were waiting to make a determination on a site and would then proceed with the design phase. Once Council has formally accepted a site, the Committee would meet again. I do anticipate that they would attend the meeting where the site determination is to be considered." • Mayor Grabek stated that there seems to be a consensus on behalf of staff, Council and the Citizen's group. He said, "I believe we are the closest we have ever been to a public • facility. If there is some way to move forward to commit to a facility this year with this administration, I believe that would be advantageous to everyone." Peterson stated that this has been an issue for four years. She said, "Waiting another month should not be a problem. I would prefer to have the Citizen's Group meet first. I recently talked with one of the Group members who indicated that he was upset that this matter on was the agenda for this meeting. He felt it would be better for the Group to meet again to discuss an overall picture before the press published anything. I also believe that Councilmember Callahan should be given the opportunity to express his opinion." Mayor Grabek noted that two members of the Citizen Group, Gabriel Jabbour and Gretchen Menzel, were present. He asked them to relay the consensus of the Group regarding the need for another meeting prior to purchasing property. Gretchen Menzel said, "I believe that the Committee has worked very hard in the long term on this. We have provided Council with our recommendation and would like to see the matter proceed." Gabriel Jabbour stated Mat the Citizen's Group was - 14 - 0 unanimous in their recommendation pertaining to the site. ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 MCITY FACILITIES CONTINUED Gretchen Menzel confirmed that at least 70% of the Citizen's Group agreed to the site recommended. :7abbour explained that the Group was told that 70% consensus was required in order to proceed forward. He said, "During our voting procedure, that is what we had in mind." Peterson explained that she was not referring :o the recommendation regarding the site. She stated that the Citizen's Group should meet to discuss the specs and plans now that a site nas been selected. Mayor Grabek stated that it is premature in the process to discuss specs and plans. Gabriel Jabbour said, "In my opinion, the Citizen's Group proceeded as far as we could without having information pertaining to a particular site. Once we know that information, we can proceed forward to make other determinations regarding the structure itself." It was moved by Mayor Grabek, seconded by Nettles, to schedule a public meeting regarding the City Facilities for the October 22nd Council meeting. At that meeting Council can opt to • vote on the Highway 12 site, or table action for another four months. The Citizen's Group should attend that meeting. Motion, Ayes -3, Goetten, Nay. Motion passed. Goetten indicated that she preferred to delay the public meeting until November. Bernhardson asked if it would be appropriate to use the Mayor's Article as a method of notifying the public about this issue. Goetten suggested that a regular article in the paper would suffice. Mayor Grabek stated that notification should be given in the manner that other Council Agenda items are made public. COMPREHENSIVE PLAN RESPONSES Bernhardson presented information regarding proposed changes in response to Metro Council's transportation and sewer chapters. He suggested waiting to respond until more is known about the Highway 12 Corridor. He said, "There are areas that have been sewered but not included in the current plan and we would provide that information in our response. We would present the response to the Planning Commission at their October,. 1990 meeting. Council accepted the information presented by Bernhardson and took no formal action. • - 15 - 4 ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 DAVID PRASS • Mr. and Mrs. Prass were present. Bernhardson explained that the Prasses have indicated that water must remain in the pool. O,.:herwise the pool will heave out of the ground. He said, "Council's approval for the temporary pool cover included the condition that the pool be kept dry. Staff felt it was necessary to bring this back before Council for their review. The Prasses submitted a letter indicating that they would provide information from the company that services their pool regarding the water issue." Mrs. Prass distributed a copy of the letter from their pool company (Mark, I did not receive a copy for the packet). Mrs. Prass apologized for the misunderstanding regarding whether or riot water could remain in the pool. Mayor Grabek asked whether the pool has always been filled with water. Mrs. Prass stated that the pool has always had water. Mayor_ Grabek asked whether there is presently a fence around the pool. Mr. Prass replied, "There is a snow fence around the pool. • There is insurance, liability on the property. We submitted proof of that sometime ago." Mrs. Prass said, "I would like to clarify that the pool cover is not temporary. It is a permanent cover that must be opened with a key. It is designed to last for 15 to 20 years." Nettles asked whether it might be appropriate to have the Prasses submit a hold harmless agreement. Barrett replied, "Taking into consideration the manufacturer's warranty, the insurance liability the property owner has, the insurance liability the City has and their Sovereign Immunity, that the City is well protected financially." Goetten noted that the City does not require fencing around swimming pools. She stated that the Prasses proposal is more secure than what exists for many pools in Orono. It was moved by Mayor Gr_abek, seconded by Nettles, to accept the Prasses proposal for the pool cover, provided that a hold harmless agreement is prepared by them and submitted to the City and that they adhere to the building dates as specified in the previous Resolution. Motion, Ayes -4, Nays -0. Motion passed. - 16 - • ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 • FENCE ACQUISITION- NAVARRE PLAYGROUND Peterson stated that she had removed this item from the Consent: Agenda because the information presented did not include a reference to the funds coming from Park Dedication fees. Gerhardson confirmed that the Park Dedication fee is the source of the funding for the Navarre Playground fence. Gerhardson stated that such language must be included in the motion in order to use the Park Dedication fees. It was moved by Peterson, seconded by Mayor Grabek, to authorize acquisition of the fence for the Navarre Playground in an amount not to exceed $800.00. The funding for the fence is to come from Park Dedication fees. Motion, Ayes -4, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION Goetten had asked this item to be removed from the Consent Agenda for discussion. She noted that the resolution approving this item referred to the bicycles as being destroyed. She asked whether it would be necessary amend the resolution. Bernhardson replied that he would have to review that further. • It was moved by Goetten, seconded by Peterson, to accept the City Administrator'3 Information regarding: Well #3 Update, Bicycle Disposition, Assessing Service, Cable TV, Lorraine McGowan, and Western Hennepin County Pioneers Association. Motion, Ayes -4, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: None LICENSES* None BILLS* It was moved by Nettles, seconded by Peterson, to approve payment of the All Funds Account. Motion, Ayes -4, Nays -0, Motion passed. EXECUTIVE SESSION 9:04 P.M. City Attorney Barrett requested that Council hold an Executive Session for the purpose of discussing pending litigation. • - 17 - ORONO COUNCIL.MEETING HELD SEPTEMBER 24, 1990 ADJOURNMENT 9:20 P.M. It was moved by Nettles, seconded by Mayor Grabek, to • adjourn the Regular Council Meeting at 9:20 p.m. Motion, Ayes -4, Nays -0, Motion passed. ATTEST: Theresa L. Naab, Deputy Clerk aMxxXKXX9XKX #dy Edward J. Cal'ahan, Jr., Acting Mayor :7 rl