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HomeMy WebLinkAbout11-13-1990 Council Minutes+t.+<, + ► MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Acting Mayor Edward Callahan, Councilmembers Diann Goetten, Alan Nettles, and Barbara Peterson. Mayor Grabek 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, Police Chief Kilbo, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. AMENDMENT OF YEAR XV STATEMENT OF PROJECTED USE OF FUNDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING 7:00 P.M. TO 7:02 P.M. The Affidavit of Publication was duly noted. Bernhardson explained that the City had previously allocated $14,500 for a Highway 12 Study. He said, "Since that time, MNDOT has decided to fund the study and the City will not be asked to assist with funding. The City is recommending that the $14,500 be re- allocated from the Highway 12 Study to the City's rehabilitation program. This would allow the funds to be used within the community." There were no public comments pertaining to this matter and Acting Mayor Callahan closed the Public Hearing. • Goetten asked whether the monies allocated to the Inter -Faith Outreach program would still be received. Gerhardson replied, "Funds were allocated to that program with th-2 Year XVI Block Grant Funds. Those funds were approved." It was moved by Goetten, seconded by Peterson, to approve the amendment of the Year XV Urban Hennepin County statement of Projected Use of Funds and authorize the Mayor and City Administrator to execute Amendment No. 1 to Contract No. A07289. Motion, Ayes -3, Nays -0. Motion passed. CONSENT AGENDA* Peterson asked to have items 22a and 24 removed from the Consent Agenda. Goetten requested that item 27 be removed from the Consent Agenda. It was moved by Peterson, seconded by Goetten, to approve the Consent Agenda, with the exception of items 22a, 24 and 27, which were removed and discussed in the order appearing on the Agenda. Motion, Ayes -4, Nays -0. Motion passed. 0 - 1 - 4 � I, ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 APPROVAL OF MINUTES* • It was moved by Peterson., seconded by Goetten, to approve the minutes of the Regular Council Meeting held October 22, 199'0. Motion, Ayes -4, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Peterson, seconded by Goetten, to approve the minutes of the Canvassing Board Meeting held November 8, 1990. Motion,-Ayes-4, Nays -0. Motion passed. PUBLIC COMMENTS: City Administrator Bernhardson informed Council that Mrs. Ruth Knox was present this evening. He referred to a memo he had prepared regarding the City's policy on survey requirements for building permits. He said, "In this case, the addition to the principal structure appears to be out of the setback areas. However, we have no survey to verify that. Mrs. Knox is asking the City to waive the requirement for a survey. Staff has not asked for a full survey of the entire lot, but rather a verification survey showing only the proposed addition in relation to the setback lines. The City has only amended the survey requirement once, and that was in 1986 for accessory structures meeting certain criteria." Mrs. Knox explained that she was unaware of the need for a survey. She said, "My contractor was taking care of everything and did not realize that a survey was required when he applied . for the permit. I am hoping to have the footings installed before the frost gets too deep. I live on two acres and have brought my nearest neighbor with me this evening. She has no objections to what I am proposing. The existing porch is being enlarged toward the back yard." Acting Mayor Callahan suggested that Mrs. Knox could be allowed to proceed with the footing installation while a survey is being prepared. He said, "However, if the survey indicates that the footings do not meet the required setbacks, your contractor will have to relocate them." Mrs. Knox stated that she would agree to such an arrangement. Goetten stated that she agreed with Acting Mayor Callahan's suggestion. Peterson asked whether it would be necessary to establish a specific date by which a survey must be submitted. Mrs. Knox said, "It is my intention to have the entire lot surveyed. That will take some time. I would appreciate it if I could submit the survey in the spring. If anything is placed incorrectly, I will move it." • - 2 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 Callahan suggested to Mrs. Knox that she inform her surveyor • that the survey must include the distances from the addition to the lot lines. Mabusth stated that it may be appropriate to have Mrs. Knox submit a letter stating that she agrees to meet whatever deadline is determined and to relocate the structure if necessary. Nettles stated that he would favor Acting Mayor Callahan's proposal, provided that only the footings are constructed at this time. He said, "I do not believe it is a good idea to build beyond the footings without having a survey." Mrs. Knox stated that it would be more economical to delay the survey until the spring when she can have the entire lot surveyed. She said, "It would cost more to have part of the lot surveyed now and then survey the whole lot in the spring." Acting Mayor Callahan advised Mr.s. Knox that the surveyor could not survey the same area twice, but would add to what he had already done. He suggested that Mrs. Knox should contact a surveyor and inquire about the cost of having part of the property surveyed now and the rest in the spring. It was moved by Goetten, seconded by Nettles, that Mrs. Knox submit a letter indicating that she will obtain a verification • survey and agree to relocate the footings if they do not meet the setback requirements. Further, that she be allowed to have the footings poured for her porch addition now while the verification survey is being prepared. No additional structure can be constructed until the verification survey is received by the City. Motion, Ayes -4, Nays -0. Motion passed. Ms. Peg Swanson, 1661 Bollum Lane, Long Lake, stated that she was an Orono resident from 1983 to August of 1990. She said, "I am here to make a statement regarding some comments that were made at the October 22, 1990, Council meeting. I will read the statement so that I am sure it is correct. I am here on behalf of Landmark Construction. My husband, Paul Swanson, is the owner of that company. He has reviewed this and has authorized me to read this statement. Landmark built Mayor Grabek's new home in 1988. There was a lawsuit filed against the City regarding this project. I think most of you are aware of that at this time. I am not here to discuss the merits of that lawsuit, as was discussed at the last meeting. But instead, I would like to clarify some questions that were raised by a Dr. Robert Gehrman at the last meeting. Both Paul and I have listened to the tape recording of that meeting and we have seen accounts published in the 'Wayzata News' and the 'Sailor' newspapers. I am simply here to try to add to, and possibly correct, some of that information because it was a concern to us. 40 - 3 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 Dr. Gehrman first asked the entire Council if the Mayor or City Administration had informed the Council about the lawsuit • filed against the City involving the Mayor's new home. According to the tape :recording, only Mr. Grabek and Mr. Nettles knew about the lawsuit. It is our opinion, my husband's and myself, that all litigation involving the City should be immediately communicated to all elected officials. I would think the elected officials have a right and obligation to be informed on behalf of the citizens that they represent, as well as for their own benefit. We cannot even begin to imagine what possible explanation there is for withholding or not disclosing this information to the entire Council. Question number two Dr. Gehrman went on to ask was was there an outside consultant hired in the building of Mayor Grabek's new home, regarding inspections. In reviewing the tape recording, we also heard that Mayor Grabek and Mark Bernhardson emphatically answered no, that there was no outside consultant hired in inspecting the Mayor's new home. I have with me copies of a bill, if you would like to look at them. I have one for each of you. (Ms. Swanson distributed a copy to each Councilmember) This bill was presented to the City by an outside inspector, his name was Loren Kohnen. He was sent to inspect the Mayor's property. As you can see, he was out there ten times, according to the bill. There was another inspector that was out there, Glenn Cook, from McCombs; Knutsen, who was also hired and paid for by the City. We actually were sent a copy of that bill and refused • to pay. We sent if back to the City and just assumed that it was paid by the City. Neither one of us can understand why these bills were not disclosed at the last meeting. I guess the Council will have to decide if this warrants further consideration. I thank you for the time to help clarify this issue." Bernhardson replied, "The question, if I recall correctly, that Dr. Gehrman asked was if an engineering consultant had been hired in conjunction with the lawsuit. I tried to get further clarification from Dr. Gehrman on that. The bill that you see in front of you is a bill from Loren Kohnen, who is Metro West Builders. He is not an engineering consultant. That bill was for an inspection done in August of 1988. As I mentioned to you in the Administrator Is Information, we had shown you a copy of the Notice of Claim, excuse me, not the Notice of Claim, but that in fact there was an issue on this property in November of 1938. The lawsuit was not filed until August of 1989 by Landmark Construction. So, as to an engineering consultant hired in conjunction with the lawsuit, there was none. There is a building inspector who fills in for us when our inspectors are not available. It happened that at the time the septic system repair work was being done, that Michael Gaffron, our Septic Inspector, was on vacation. We had engaged Loren Kohnen to do that. I hope that clarifies it." - 4 - • ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 Goetten asked Bernhardson to comment on h.is opinion is regarding lawsuits and the notification of Council. Bernhardson replied, "As far as lawsuits are concerned, if the Council wishes to be notified of those, Staff would be happy to notify you either individually or collectively." Peterson asked whether ten inspections is normal for a septic system. Mabusth replied, "After the problems that we had with this septic system, we wanted Loren to work very closely with the on- site septic tester. I think Michael conveyed some specific directions to Loren before he went on vacation. Michael may wish to expand on that. I can tell you that it was necessary to have seven to eight site inspections done when I had a septic system installed. There were three inspectors at some of those inspections. In the case of the Mayor's home, the septic system was installed incorrectly. It was necessary to do additional septic testing for expansion on another end of the septic system." Gaffron added, "The normal situation with a mound system would be that we would be inspecting before work begins, and another inspec;:ion would be done when they rough up, when the sand and rock has been added and the pressure pipe is installed. • Another inspection would be done when the grading work is complete. When Loren noted that he made ten half hour inspections, I suspect that he was out there probably more than half an hour for any number of those inspections. We wanted him to be out there as much as possible, to oversee the work of this contractor who had done the work incorrectly First. We wanted to make sure it was done right the second time." Nettles said, "I have trouble with the idea that because someone happens to be a public official, that any lawsuit that is brought against them, should automatically be made public business. A lawsuit is a very personal thing. Lawyers are trained to maintain the confidences of their clients. Before the City agrees to disclose such information to the Council, I think that should be considered. This case provides a good example. That same night that Mr. Gehrman was here, it happened that one of the lawyers from the firm that originally brought the suit on Landmark Construction's behalf was here." Ms. Swanson indicated that the lawyer was not their attorney. Nettles continued. "The attorney stated that his firm did not respond to a Summary. Judgment Motion and let the thing be dismissed because we determined it was not a good lawsuit to pursue. Therefore, the City would have been debating, or causing 5 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 a public disclosure for someone on a lawsuit that was ultimately determined by the person that brought it to be without merit. . The other thing I have to say, just so everyone is clear, this wasn't something that Jim Grabek brought to my attention, personally or outside the Council. I had tried a similar case involving the City of Apple Valley. In these cases, when there is a suit against the City, they automatically turn it over to the insurance agency, who turns it over to GAB,, or the adjusters that represent the municipalities. They hire their own lawyers, do their own investigation. It is more a contractual matter that circumvents the need for the Council to become involved until there is investigation. In this case, as I understand it, the case against the City was dismissed without anything further." Goetten stated that it may not be necessary to discuss a particular lawsuit at a public meeting, but that Council should be informed of pending lawsuits. She said, "I would like to be apprised of such matters." Acting Mayor Callahan said, "I agree. I believe the Council should be notified, even though there may be no action taken. I also believe that we were entitled to know what the bills are. In this case, the bill was for work done in the absence of Michael Gaffron. There may be other such bills for work done at other homes during this same period of time." Peterson asked for clarification as to whether or not Mr. • MacKinnon., (the Attorney who spoke at the October 22, 1990 meeting) had in fact represented Landmark Construction. Ms. Swanson stated that Mr. MacKinnon had only initially represented them. Mr. John Farnham, stated that he had a letter to present to the Council which contained a number of concerns and questions from the citizens regarding the City facilities. He distributed the letters to each Councilmember and the public. Ms. Cherokee Ilse commended the Council candidates for running "a clean and above -board candidacy ". She said, "I think we should all be proud of Orono that we did not succumb to things that were happening on the State level. I appreciate the persons who are currently on the Council and congratulate those who did win." PLANNING COMMISSION COMMENTS: Planning Commission Representative Cohen was not present. - 6 - 0 ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 ZONING ADMINISTRATOR'S REPORT: • #1470 KNAPP /PARTEN 4300 BAYSIDE ROAD PRELIMINARY PLAT Mr. Knapp was present. Bernhardson reviewed the specific Planning Commission recommendations and explained that this preliminary subdivision proposal does meet the PRD criteria. He said, "The Planning Commission did approve the PRD approach to subdividing this parcel. It will be necessary for Mr. Knapp to file a Conditional Use Permit application to be reviewed by the Planning Commission at their January meeting." Gaffron said, "I believe that the applicant is requesting conceptual approval of this plan so that he can submit a Conditional Use Permit application." Goetten noted that the Planning Commission had previously considered the provision of future connecting roads from this parcel. She questioned why that was no longer a consideration. Gaffron replied, "The Planning Commission reviewed two or three possibilities. The first was to provide an access for the two houses just south of the Luce Line. Both of those property • owners adamantly opposed such a plan, stating that their easement from the D14R to cross the Luce Line was sufficient. Tile Planning Commission felt that the City does not have an obligation to provide an alternate access. However, should it be necessary in the future, there is an outlot that could be used. The second consideration is whether or not there should be a continuation across the Luce Line to Watertown Road. Again, th• Planning Commission believed that there was no obvious need for that at this time. The third consideration involved the inclusion of Mr. White's property to the south and a continuation of a road to Bayside. That opportunity is still there, should Mr. White decide to further develop his property." It was moved by Nettles, seconded by Goetten, to give conceptual approval of the PRD concept plan as recommended by the Planning Commission, and direct Mr. Knapp to make the appropriate PRD Conditional Use Permit application. Motion. Ayes -4, Nays -0. Motion passed. #1497 TOBERMAN PROPERTY 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT DENIAL RESOLUTION It was moved by Acting Mayor Callahan, seconded by Peterson, to table this matter until the November 26, 1990 Council meeting. Motion, Ayes -4, Nays -0. Motion passed. - 7 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 11555 LANDSTAR, INC. 2501 OLD BEACH ROAD PRELIMINARY SUBDIVISION RESOLUTION #2900 Mr. Dennis Sandin was present. Mr. Norman Paurus, 2500 Casco Point Road, asked about the one lot in this subdivision that will be zoned for commercial use. Bernhardson replied, "That lot is in a commercial zone. The intent is to give that lot to the Freshwater Foundation." Peterson asked whether there is any guarantee that the Freshwater Foundation will take over this parcel. Mr. Sandin replied, "I have a letter of intent from the Foundation." Mabusth stated that Mr. Bunch, the property owner, is giving this property to the Freshwater Foundation. Peterson asked for a post estimate for the bituminous overlay. Cook replied, "It will cost approximately $25,000 for the two inch overlay and $20,000 for the one and a half overlay." • Acting Mayor Callahan asked what advantages exist for the one and a half inch overlay versus the two inch. Cook replied, "The only advantage over the two inch is that you get more structural strength on the road. There has been no testing to determine to what degree that occurs. The value at this point in time is somewhat arbitrary." Goetten asked Gerhardson for his opinion. Gerhardson stated that a one and a half inch overlay would be sufficient. He said, "There is existing blacktop." Mr. Sandin stated that he would accept the Public Works Director's recommendation for an inch and a half overlay. Petersen asked whether the City of Minnetonka Beach has agreed to an inch and a half. Gerhardson replied, "I believe that they do not intend to do anything at this point." Mabusth said, "I think they are going to ask for the overlay. That is what JoEllen Hurr indicated the last time. She - 8 - 0 ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 ZONING FILE #1555 - LANDSTAR CONTINUED • did not specify whether it would be one and half or two inches." Bernhardson stated that the request for two inches of overlay was subsequent to the statements made by Ms. Hurr. Acting Mayor Callahan asked the Council for their opinion regarding the financial responsibility for the road. Goetten asked Gerhardson if in fact_ Old Beach Road was on the Public Works schedule for bituminous work. Gerhardson replied, "Yes, we were going to do the project this fall. However, we decided Lo delay the project until this issue was resolved." Peterson said, "If it was the City's intent to put an overlay on this road, then I believe we should charge the developer 25%." Goetten asked whether this situation has ever occurred in the past. Gerhardson stated that it has not. Goetten stated that charging 25% would be fair. • Peterson asked why Staff is recommending 500. Cook replied, "In my opinion, this is a new development. The developer has not contributed to this road in any way in the past. I believe the developer has some obligation to contribute to the road. In other subdivisions, the developer is asked to pay for the entire road." It was moved by Nettles, seconded by Goetten, to adopt Resolution #2900, granting the Preliminary Subdivision for E. W. Blanch, (Landstar, Inc.), with the requirement that Old Brach Road have a one and a half inch overlay and that the developer pay half of the cost of that project. Motion, Ayes -3, Acting Mayor Callahan, Nay. Motion passed. #1579 GARRY AND MARIE EVERSON 4755 NORTH SHORE DRIVE VARIANCE RESOLUTION #2898 Bernhardson provided a brief summary of the Everson's revised proposal, noting that the Planning Commission had recommended approval. Mrs. Everson stated that she objected to the additional $175.00 fee which she was being asked to pay as a penalty. She • 9 ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 ZONING FILE #1579- EVERSON CONTINUED said, "The plan we have presented is totally agreeable to us. • However, we were not asked to pay the additional $175.0 at the time we applied for the variance. I do not feel we should have to pay it now." Acting Mayor Callahan asked Mrs. Everson if she understood that they were being asked to pay an additional $175.00 because of the after -the -fact nature of this application. Mrs_ Everson replied, "We understand that now. However, we did not intend to build a deck without letting the City know. We paid $175.00 for the application and paid for a survey. It will cost us money to remove a portion of the deck and to buy sod. I believe we have done everything we were asked to do." Goetten asked whether Staff has a nrogram in place to inspect properties to assure that conditions that are specified in resolutions are in fact carried out. Gaffron replied, "This application has been placed in a tickler file. Staff has been making a more concerted effort to follow up on these situations. We have begun to include language in the resolutions requiring the conditional work to be done prior to a footing inspection being made. That works well for applications that are not after - the - fact." Goetten stated that she was pleased to see that the City has • a program in place. Acting Mayor Callahan suggested that at some time in the near future, the issue of plastj_c and hardcover shou -_d be reviewed. It was moved by Acting Mayor Callahan, seconded by Peterson, to adopt Resolution #2898, granting after-the-fact hardcover and average setback variances for the construction of a deck at 4755 North Shore Drive. Motion, Ayes -3; Nettles, Nay. Motion passed. Mettles did not agree with the requirement to pay an additional $175.00. MAYOR /COUNCIL REPORT: Acting Mayor Callahan suggested that the process for appointing an additional Councilmember begin as soon as possible. He said, "I realize that we cannot appoint anyone until the first of the year, but we can notify the public of the vacancy and begin taking applications." Goetten and Peterson, concurred with Callahan. It was the consensus of Council that Staff place a notification of the Council seat vacancy in the City newspaper as - 10 - • ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 MAYOR /COUNCIL REPORT CONTINUED • soon as possible. Tne deadline for accepting applications and resumes iS December 31, 1990. Goetten stated that she had received a call from an Orono resident inquiring about the upcoming County Board Meeting. She said "Her concern is whether the City of Orono will have a representative at that meeting to express concern on behalf of the residents about the proposed levy. I know that last year the City sent a letter expressing concern about the social programs that were going to be cut. I think we need to send a letter to the County expressing our concerns." Bernhardson stated that he had tried to contact the Hennepin County Budget Director, but had not been successful. He said, "In order to reduce the proposed levy it would be necessary to find $3,000;000 for every percent it is decreased. I wanted to find out how much of this proposed increase was due to shifts from the federal and state to the local level. I estimate that the County budget has increased approximately 11%. The newspaper cited welfare and correction services as the primary reason. I believe it may be most beneficial to send a letter to our County Commissioner." Goetten stated that one of her concerns is the per diem monies that the County Commissione::s collect for attending • meetings. She said, "I believe that these meetings are part of their job and that the extra salary should be eliminated. It is also my understanding that the Commissioners are asking for a fairly large increase in their salaries." Bernhardson stated that he would provide Goetten with information pertaining to the proposed increase in the County Commissioner's salary. He also stated that he would send a letter to the County Commissioner asking them to reconsider the tax increase. Goetten stated that she would like to receive a copy of the County budget in the future so she could review it. CITY ENGINEER'S REPORT: NAVARRE HEIGHTS DRAINAGE Bernhardson explained that this item had been tabled at the October 22, 1990 meeting to provide Staff an opportunity to see how this proposal would impact the residents on Togo Road. He said, 'Glenn Cook and John Gerhardson have looked at the area. It appears that drainage from Navarre flows to the wetlands on the south side of the railroad tracks. It then flows through a culvert and into a ponding area. T:aere is a tile area, but it is ineffective." • - 11 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 NAVARRE HEIGHTS DRAINAGE CONTINUED Cook showed a drawing of the drainage pattern and ponding • areas. He said, "Ponding area two is a concern because of Lot 34. There was a drainage ditch between the house and trees, but that has been filled in. There is a driveway there now. There has also been some filling on the church property. All of the drainage overflow potential has been eliminated. The draintile that comes in from the north side of Togo Road is approximately 1� feet below the wetlands. The outlet to the draintile is actually lower than the marsh. That was probably not the case when the draintile was installed. There is also an open ditch in this area that needs to be cleaned out. It is full of dead trees, leaves and debris. The storm sewer pipe from Livingston Avenue is going to change the flow to the Togo Road area by approximately 20% in a five year storm. At this time 80% of the water from a five year storm goes down to that area over land. What needs to be done here is that a form of overflow drainage route should be created again. The ditch should be cleaned out. That should occur whether or not the Livingston storm sewer project is done. This is an entirely separate issue." Bernhardson said, "The question is whether or not we expand the Livingston drainage project to include Togo Road or handle each project separately. If we expand the Livingston project, it would be necessary to hold another Public Hearing. If we proceed with the projects separately we could hold a Project Hearing for the Livingston drainage project at the next meeting. Staff could • then provide information to Council as to the options available for addressing the Togo Road problem. There is also the option of providing a temporary solution to the Cuff's problem." Gerhardson explained that it would be possible to cut a swale on the Cuff '..s property to alleviate water ponding on the road. He said,, "This could be done very quickly with minimal expense. This would provide a solution while the City decides whether or not to proceed with a storm sewer project in the spring." Acting Mayor Callahan stated that the Livingston drainage matter was tabled at the last meeting due to the introduction of the Togo Road problem. He said, "However, prior to the October 22nd Council meeting, Council voted to have the plans and specifications drawn. Where do we go from here ?" Bernhardson replied, "At the next meeting we would hold a formal project hearing. If Council determines that they wish to proceed beyond that step, the City would obtain bids for the project. Once bids are received, a Public Assessment H+aaring would be held. Once the final financial information is known, the assessment would be ordered. The City would allow the 30 -day appeal period to lapse before deciding to order the project." - 12 - • ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 NAVARRE HEIGHTS DRAINAGE CONTINUED • Ms. Pam Peters, 3640 Togo Road, stated that the residents on Togo Road do not need an additional 20% of water draining onto their properties. Mr. Carlson is already under water. I would like to compliment the City for their prompt attention to this issue." Ms. Shirley Spalding, 3508 Livingston Avenue, stated that this matter was tabled because she and Beth Eisher had provided another petition from persons opposed to the Livingston drainage project. Mr. Harvey Reder, 3598 Livingston Avenue, stated that the Cuffs could install a drainage swale without the City's assistance. Acting Mayor Callahan reminded Mr. Reder that the Public Works Director had indicated that such a swale would only be a temporary solution. Ms. Karen Cuff, 3572 Livingston Avenue, stated that the City does not have easement rights for drainage on her property. She said, "John Gerhardson has talked to me about providing a temporary drainage easement. I agreed to that. We do need something in place to handle the spring melt." • Acting Mayor Callahan asked if cleaning out the existing ditch and creating a new ditch in the Togo Road area would adequately handle the extra runoff that would come from the new swale on the Cuff's property. Cook replied, "That is correct." Goetten stated that the City cannot increase the drainage flow to other properties. She said, "Because of that, it may be necessary to tie these two projects together." Acting Mayor Callahan agreed that if one project is done, the other must be done as well. He asked whether the City could just go in and dig a ditch from pond one to the wetland. Cook replied, "It would be necessary to obtain easements." Mr. Hersel Forester, 3599 Crystal Place, asked why the City was intent on putting in a storm sewer project that 50% of the residents did not want. He said, "The project will only benefit one or two persons." Acting Mayor Callahan stated that it was only in the last month or so that the City was made aware of the opposition to this project. He said, "The Council has not yet determined whether or not the project should be ordered." • - 13 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 NAVARRE HEIGHTS DRAINAGE CONTINUED It was moved by Acting Mayor Callahan, seconded by Peterson, • that City Staff proceed to contact the Phase II ;Togo Road) project property owners regarding drainage easement provisions so that a drainage ditch can be recreated and the existing ditch can be cleaned. Motion, Ayes -!, Nays -0. motion passed. With regard to the Livingston drainage issue, Peterson stated that Ms. Cuff did do as the City asked. Site said, "In my opinion, the Ci_y should proceed to have the plans and specifications prepared. I do not believe that the temporary swale is adequate." Goetten concurred with Peterson. Mrs. Spalding asked if there would be another Public Hearing after the plans and specifications were prepared. Acting Mayor Callahan advised her that there would be additional Public Hearings. It was moved by Peterson, seconded by Nettles, to establish December 10, 1990, as the date for the Public Hearing on the Navarre Heights storm water project and that the plans and specifications prepared for presentation at that Public. Hearing. Motion, Ayes -h, Nays -0. Motion passed, It was moved b,;, Acting Mayor Callahan, seconded by Peterson, • to direct City Staff to install a temporary swale on the Cuff property for an amount not to exceed $500.00. Motion, Ayes--4, Nays -0. Motion passed. Nettles asked Staff to provide information to clarify which of the neighbors are for or against the storm water project. Ms. Cuff noted that because this process is taking so long that she now has structural damage to her house. WOODHILL SEWER CONNECTION Bernhardson summarized the information presented in his November 9, 1990 memo. He said. "It will probably not be necessary to do a - omprehensive Plan Amendment in this case. However, once the sewer line is installed, the City may receive additional requests for hook up. The principle properties that may be interested would be other Country Club facilities and the houses to the east and west that are currently in a rural zone. If the City were to get guarantees that no one else could hook up without a Comprehensive Plan Amendment, that would offer some protection. If Council decides not to accent this request, Woodhill would have to rely on a septic related solution." Goetten asked, "With all of the property that is owned by the Country Club, what precludes them from expanding their septic 14 - • ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 •WOODHILL SEWER CONNECTION CONTINUED system ?" Mark Gronberg, Surveyor /Engineer, replied, "We had advised the Country Club to use a meter to monitor usage. In peak flowage, they have 11,000 gallons per day. That would require the equivalent of nine or ten mound systems. You cannot locate mound systems in one place because they generate too much water. Because the topography is rolling and difficult to work with, it would be difficult to locate nine or ten mound systems. Ir_ would also be a nightmare to have nine or ten pumping systems working throughout various areas of the golf course." Goetten stated that when sewer improvements were installed in that area, that there were persons who asked to be excluded from the project. She said, "Those persons were not included in the project and were informed that they would not be allowed to hook up in the future. Are we now going to reverse that policy ?" Bernhardson replied, "I cannot guarantee that such a precedent would not be set and that it will become necessary to plan differently for sewer capacities in the future. However, we should be able to base our decision to allow hook up or not on the capacity available with an existing system. Council would have to consider a method for charging such property owners who wish to hook up after - the -fact. Another issue is that the City • does currently have certain properties that are hooked up to a sewer system of a neighboring city." Goetten questioned whether it is good policy to deny Orono residents who have subsequently asked to hook into a sewer line, but permit the Country Club to do just that. She suggested that the policy itself may need further review. Acting Mayor Callahan stated that he could not see any reason why the City would deny residents the option to hook up. He agreed with Goetten that the policy would need further review. Nettles asked how the City would address the issue of the assessment cost. He said, "The Country Club is a large property and I would imagine there would be a significant change in the per unit cost for the original project. Would the City then go back and reconsider what each property should have paid and credit the assessment ?" Bernhardson replied, "That would be an option for consideration." Peterson asked if any of the neighboring properties have been informed of this proposal. Bernhardson stated that the neighbors have not been informed • 15 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 WOODHILL SEWER CONNECTION CONTINUED of this. • Mr. Curt Quady asked if there was any truth to a rumor that the Woodhill Country Club pulled out off Orono because they could not obtain a liquor license. Bernhardson replied, "This portion of the Club House has been located in Wayzata since the early 1920's. The Clue House may have become a part of Wayzata back in the days prior to Orono becoming a Village, when it could not issue liquor licenses." Mr. Quady said, "They left Orono because they could get a liquor license. Now they are asking to hook up to Orono sewer. It seems to me that a situation similar to what is happening with the City of Long Lake may occur." Acting Mayor Callahan said, "I believe that if the City of Orono has an opportunity to do something positive for a neighboring City, we should do what we can to maintain a good relationship. As the Cit- Administrator stated earlier, the City of Orono is currently making use of various utilities from neighboring cities for the benefit of our citizens. The situation with Long Lake became a problem because they came to own the land. That is not an issue in this case." Goetten asked if the "Russell Avenue" /Fox Street lift • station has the capacity to handle this addition. Cook replied, "Staff would have to look at that. If there is any kind of approval, it would have to include a requirement that the Country Club would be responsible for any upgrades that are necessary. The lift station has a finite capacity and we need to determine what that is." Bernhardson asked Council what other issues they would like Staff to address. Acting Mayor Callahan stated that he wants Staff to verify that the Woodhill Country Club is in fact within the M.U.S.A. line. He said, "I would not consider amending the Comprehensive Plan to accommodate this request." Goetten stated that she would like Staff to review the issue of precedent and how similar situations have been handled with neighboring cities in the past. It was moved by Acting Mayor Callahan; seconded by Peterson, to table this matter until November 26, 1990, to allow Staff the opportunity to address the concerns raised by Council this evening. Motion, Ayes -4, Nays -0. Motion passed, - 16 - • ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 PAY REQUEST #2- HIGHWAY 12 SEWER & WATER RESTORATION • It was moved by Acting Mayor Callahan, seconded by Peterson, to approve Pay Request 42 to Otten Brothers in the amount of $16,359.00 for work completed to date for the Highway 12 Sewer and Water Project. Motion, Ayes -4, Nays -0. Motion passed. PAY REQUEST #1 -LIFT STATION 8 RENOVATION* It was moved by Peterson, seconded by Goetten, to approve Pay Request #1 to Northwest Mechanical, in the amount of $9,044.00 for work done in the renovation of Lift Station 48. Motion, Ayes -4, Nays -0. Motion passed. CHANGE ORDER 11 -LIFT STATION 8 RENOVATION* It was moved by Peterson, seconded by Goetten; to change the completion date for Lift Station #8 renovation from October 31, 1990 to November 21, 1990. Motion, Ayes -4, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: STREET LIGHT REQUEST - LIVINGSTON /LYRIC AVENUE Bernhardson provided a brief review of this issue. He said, "I had originally understood Mr. Beich's request to be that the City help him provide a method of paying for the lights. That is incorrect. The neighborhood is asking that the City pay for the lights. The issue then is whether the City is willing to take • financial responsibility for those lights. Another option would be for the City to determine a method for billing the property owners for these and other private street lights. Because this issue has been delayed somewhat, it may be appropriate for the City to pay for the lights for one quarter so that the lights can be turned on." Goetten stated that she agrees that the lights are needed. She asked what the City has done in past situations. Bernhardson replied, "The City at one time had agreed to act as an intermediary. We would pay the utility company and assess the property owner for the cost. This process would only require a Public Hearing prior to the first assessment. There is now new legislation that requires the City to have a Public Hearing every year. That created additional work and cost for the City and we stopped. As far as I know, we have not had a request such as this for the last five years. There are presently 104 private lights that are not being funded through the City." Peterson asked if this request was different than the Derry request. Gerhardson replied- "Yes, this is different." L4r, Norm Paurus, 2500 Casco Point Road, stated that this hasOR • - 17 - ONO COUNCIL MEETING HELD NOVEMBER 13, 1990 STREET LIGHT REQUEST CONTINUED been an ongoing issue since the days that he served on the City • Council. He suggested that the City take the time to establish a policy so there will be no questions regarding this issue. Peterson noted that Mr. Wilbur. Anderson's neighbors had been concerned about street lights. Mr. Anderson replied, "My neighbors petitioned four times I believe, but they did not receive any answers." Acting Mayor Callahan stated that the City could be setting a precedent if it agreed to pay for these lights. He added, "The City at this point does not have anything in place to tell people why the City will or will not pay for their lights." Bernhardson suggested that the City could establish a method for billing the residents for existing private street lights. He said, "That would help to alleviate any questions about paying for the lights. We could also bill residents for the installation of new lights and then continue to bill on a regular basis." Mr. Paurus stated that there should be some cost sharing of the street lights because the City does have an obligation to keep areas safe. It was moved by Acting Mayor Callahan, seconded by Goetten, • to table this matter to allow Staff to review the aspects of billing the residents for street lights and paying for the street lights. In the meantime, the lights in the Schlee twinhome development are to be turned on for one quarter. Motion, Ayes -4, Nays -0. Motion passed. FACILITIES WORKSHOP Acting Mayor Callahan stated that in his opinion the workshop should be delayed until January when the new Council is sworn in and the additional Councilmember is appointed. He suggested that a date and time for the workshop be established at the first Council meeting in January. It was the consensus of Council to delay any further action on this item until the first Council meeting in January. - 18 - 40 ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 • HIGHWAY 12 CORRIDOR Bernhardson reported that the City has now received the maps showing the five routing options for Highway 12. He said, "The City has received maps showing where existing cemeteries and parks are located. Councilmember Goetten has indicated that there are also wetland maps. MNDOT wants us to respond to each of the five options presented in relation to existing obstructions that may pose a problem. They are not asking us to form any opinions as to which corridor is more preferable at this point. I believe it would be beneficial to hold a joint meeting of all of the committees, staff, and Council to discuss where the City should go from this point." Goetten said, "I.attended a Technical Committee meeting this afternoon. I was told that MNDOT wants information regarding the location of woodlands and agriculture preserves. I talked with Steve Hay and Larry Dahlman and either of them would be willing to come and be involved in our discussions. They had indicated that if we could provide the information at the beginning of December, the overlays would be ready by the end of December. MNDOT is hoping to do an updated forecast on existing Highway 12 and its effect on existing roads. They are also asking the County for information regarding projects they may have that may be involved in this. My preference is that we hold the joint meeting on a Saturday as soon as possible. I would suggest the first of December." • Acting Mayor Callahan stated that he had attended the Citizen's Committee meeting. He said, "The forecasts to which Councilmember Goetten referred have to do with traffic patterns as of the year 2010. It was mentioned that such information would not be available by the time the Citizens Committee holds their next meeting in the middle of December. In that event, that meeting would be delayed. I agree that we need to hold a meeting, however we are not under any immediate pressure to do SO. When we do hold the meeting, I believe that we should start formulating a corridor preference. It would also be beneficial to meet with the various individual citizen's groups that have been established throughout the community." It was the consensus of the Council that there should be a joint meeting of the Council, various Committees, and public at 9:00 a.m. Saturday, December 1, 1990 at the School. COMMERCIAL TELECOMMUNICATION REVIEW PLAN Goetten stated that she would like to know what surrounding communities are doing to address this issue. Council accepted the information presented and took no formal action. • - 19 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 FLEXIBLE BENEFITS PLAN • Bernhardson stated that the City Attorney has reviewed, revised and approved the plan. He said, "We would provide an informational meeting for the employees late in November and ask them to apply for this benefit during the first week in December. We are also presenting information regarding the health plan premium this evening so that can be taken into consideration in conjunction with the flexible benefits program." Goetten stated that she is pleased to see this program become available to the City employees. It was moved by Acting Mayor Callahan, seconded by Goetten, to adopt Attachments A and B as its plan for Section 125 program. Motion, Ayes -4, Nays -0. Motion passed. 1991 HEALTH INSURANCE It was moved by Acting Mayor Callahan, seconded by Peterson, to adopt a contribution rate of $231.00 per month for family health coverage for general employees for 1991. Motion, Ayes -4, Nays -0. Motion passed. 1990 AUDITOR APPOINTMENT It was moved by Goetten, seconded by Peterson, to appoint the audit firm of Pannell Kerr Forster to perform the required audits for the 1990 fiscal year at an estimated cost of $15,450, plus direct expenses. Motion, Ayes -4, Nays -0. Motion passed. . ANIMAL CARE FACILITY Bernhardson stated that Corcoran no longer wishes to provide its services to any of the area communities. He said, "We are recommending Reo Raj, located in Watertown, as an alternative." Peterson noted that the letter from Carol Hansing stated that kennel area at Reo Raj is unlocked. Chief Kilbo replied that the facility has an attendant 24 hours a day and in that sense is unlocked. He said, "The City had a key to access the Corcoran facility when it was unattended." Peterson asked if there is any liability on the City's behalf should a dog be taken from the facility. She said, "I know that dogs have been taken out of there by their owners." Bernhardson stated that Staff would approach the personnel at Reo Raj and discuss a possible need for more security. Peterson asked if five days is an appropriate length of time to hold the animals. Chief Kilbo explained that there have been situations in the . - 20 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 ANIMAL CARE FACILITY CONTINUED • past where owners have taken a long time to pick up their dog. Bernhardson stated that the City's standard is five days. Kilbo said, "At this time, if we pick up a stray, it costs the City $3.00 for the fee, $40.00 for the five days it remains at the facility and $10.00 for euthanasia. If the animal is held beyond five days, the City incurs more liability." Bernhardson stated that he would look further into the aspect of the length of time animals may be held. Kilbo noted that not all animals picked up by the Animal Control Officer belong to Orono citizens. He suggested that Council may wish to consider increasing the impound fee if the length of stay is increased. It was moved by Acting Mayor Callahan, seconded by Peterson, to direct Staff to contract with Reo Raj for animal impound services for 1991 and approve the 2% rate increase for the animal control contract for 1991, subject to an investigation of the liability, security questions, and impound fees. Motion, Ayes -4, Nays -0. Motion passed. AMENDMENT OF YEAR XV C.D.B.G. FUNDS* • It was moved by Peterson, seconded by Goetten, to adopt Resolution #2899, amending the Year XV Urban Hennepin County statement of Projected Use of Funds and authorizing the Mayor and City Administrator to execute Amendment #1 to Contract No. A07289. Motion, Ayes -4, Nays -0. Motion passed. 0 CHRISTMAS EVE DAY 1990 Peterson stated that the City should give the employees an extra holiday this year. She said, "If there is one person that wishes to come in an work, is it fair that he /she must take a vacation day or floating holiday to do so ?" Bernhardson replied, "Staff did talk to everyone at City Hall and no one objected to this proposal. The Public Works Department would follow what the majority wished to do. If we were to give the employees an additional holiday, it might also be necessary to give the working Police Officers an additional day off." Goetten asked what would happen in the event of a snow storm on Christmas Eve. She questioned whether it would be necessary to pay the Public Works personnel holiday pay for working. Gerhardson replied, "That is correct." Nettles indicated that he concurred with Peterson, but - 21 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 CHRISTMAS EVE DAY CONTINUED • understands Staff's reasoning. It was moved by Acting Mayor Callahan, seconded by Goetten, to direct staff to close City Hall on Monday, December 24th and allow the option of using either vacation or 1991 floating holiday to be used for that day and acknowledge that staff will maintain at least a minimum staffing level for Monday, December 31, 1990, with Public Works department head determining whether it is a scheduled work day. If not a scheduled work day, department personnel would use either vacation or a floating holiday in the same manner as City Hall personnel. Motion, Ayes -3, Peterson, Nay. Motion passed. LMCD COMPREHENSIVE PLAN /SHORELAND Acting Mayor Callahan asked though it had not been removed stated that after the first of City of Orono to meet with the prepare for oncoming events. REGULATIONS to comment on this item, even from the Consent Agenda. He the year, it would wise for the other lakeshore communities to Nettles commended Callahan for his efforts in this matter. Goetten asked Callahan whether in his opinion, the LMCD was .still willing to work with the cities that did not approve the plan. Acting Mayor Callahan replied. "No. If you look at this • list of cities that did not approve the plan, you can see that the majority of lakeshore communities are not for the plan. Tie LMCD has a situation that is not practical. The LMCD is now focusing on shoreland management. They went to the DNR and took their shoreland management regulations, which the DNR was planning to use to make the cities adopt this plan. The LMCD tightened up the regulations a bit. The LMCD indicated that since they were the agency that would negotiate with the cities that they would be able to be flexible about the plan. However, the DNR representative attending the meeting did not agree. He indicated that he wanted the plan the way it was. He assumed that since the LMCD had adopted the plan, that everyone favored it. So basically the LMCD has adopted the DNR plan as their own as part of the Long Term Management Plan. However, the LMCD will be unable to be flexible because the DNR has told them what to do. The City needs to establish a plan that is agreeable to the cities listed here that will enable us to deal with the DNR. I do not think we should work with the LMCD u:zder any circumstances. The LMCD has no power. It may be difficult to work with some of these cities because their views differ from ours. It is my understanding that the DNR would now like to establish a comprehensive zoning plan for the entire lake." Goetten asked whether it will be necessary to amend some of - 22 - 0 ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 • LMCD CONTINUED Orono's existing ordinances. Acting Mayor Callahan replied, "It may not be necessary to do that at this point, but we will at a later time." Gabriel Jabbour asked whether all of the cities that are on record as voting in the affirmative for the plan, actually favored the plan. He suggested that some cities may have been unable to convince their representative to vote as they wished them to do. Acting Mayor Callahan stated that the City of Deephaven may be an example of such a situation and that there may be one or two others. Mr. Jabbour stated that in his opinion, it is very important for the cities to select a representative that will accurately reflect its viewpoint. ACCREDITATION Peterson asked what the cost would be for an outside source to come in and go through the accreditation process. Chief Kilbo replied, "I cannot answer that at this moment, but I have a brochure on the program and will provide that • information to you." Peterson asked whether it will be possible to objectively do the in -house review. Bernhardson replied, "I cannot say that the review will be 100% objective. However, I think that by going through the review, the areas in which we are lacking will be identified." Peterson asked whether this plan would take a couple of years. Chief Kilbo replied, "Yes." Nettles stated that people may wish to know what resulted from their case and suggested that information could be added to the survey form. There were no further questions or comments and Council took no action. 1991 MEETING SCHEDULE* It was moved by Peterson, seconded by Goetten, to approve the 1991 Meeting Schedule as presented. Motion, Ayes -4, Nays - -0. Motion passed. is - 23 - ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 ADMINISTRATOR'S INFORMATION* It was moved by Peterson, seconded by Goetten, to accept the Cit;,, Administrator's Information regarding: Response Lorraine Moss, Landmark Suit, Stubbs Bay Sewer, and Windward Marina. Motion, Ayes -4, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: The City Attorney had no report this evening. LICENSES Goetten stated that she is opposed to leghold traps. She said, "I would like to see the DNR Conservation Officer notified for all of these cases in the event there has been any changes. Kilbo said, "The DNR has to issue the trapping permit. I will check with the DNR specifically to make sure. It was moved bl, Acting Mayor Callahan, seconded by Nettles, to approve the following license(s): Limited Leghold Trap Permit: Michael and Sally Bosanko 2090 Shoreline Drive One Day Set Up: Art Center of Minnesota Holiday House Motion, Ayes -3, Goetten, Nay. Motion passed. BILLS* It was moved by Peterson, seconded by Goetten, to approve payment of the All Funds Account. Motion, Ayes -4, Nays -0, Motion passed. EXECUTIVE SESSION 10:12 City Attorney Barrett asked that Council hold an executive session for the purpose of discussing pending litigation. ADJOURNMENT 10:21 P.M. It was moved by the Regular Council Nays -0, Motion passed. Nettles, seconded by Peterson, to adjourn Meeti -,zg at 10:21 p.m. Motion, Ayes -4, 2.1 Edward J. Ca aha Jr. Acting Mayor% . , I 0 • •