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HomeMy WebLinkAbout03-14-1994 Council MinutesMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING 6 HELD MARCH 14, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorney Kevin Staunton, Public Works Director John Gerhardson, City Engineer Glenn Cook and Recorder Carole Haseman. Mayor Callahan called the meeting to order at 7:32 p.m. PUBLIC HEARING - CBDG YEAR XX The Affidavit of Publication was noted. Mayor Callahan noted this item was also #15 on the agenda. The purpose of the hearing was to allocate funds for the 1994 Community Development Block Grant Program. Mayor Callahan opened the Public Hearing. Requests have been received from three public service agencies: We Can, Westonka Intervention and Interfaith Outreach for $1,500 each which is the same amount funded in 1993. There is also a request for park planning in the amount of $2700. The • balance of $15,800 could be allocated to fund the costs for sewer connections for low income residents in the Stubbs Bay Sewer Project. Margaret Holste, a representative from We Can, addressed the Council and expressed appreciation for the continued support. We Can offers services to West Hennepin County residents such as emergency assistance needs (housing, utilities, etc.), meals -on- wheels, financial counseling, and nutrition programs. Hurr asked how many meals -on- wheels program are served and where do they come from? Holste said Presbyterian Homes provides meals for the Mound area and this area receives meals from Maple Plain. The total number of households served were 230. Within the Orono area, 15 households received meals throughout the year. Joan Underwood, a board member of Westonka Intervention, requested funds to help with expenses incurred while dealing with domestic assault victims. Mayor Callahan asked if the park planning request related to Mr. Shardlow's proposal? • t MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 16 PUBLIC HEARING - CBDG YEAR XX - CONT. Moorse explained the request was partially related. Council approved a request last year. Because it was not spent, it was reallocated to something else. We are now asking Council to allocate funds for this year. Jabbour asked about the Stubbs Bay sewer connections. Gerhardson said 5 applications have been received and 4 meet the first goal of the 50 % median income and the fifth one meets the 80% median income. There are others waiting for additional money to come in. The money allocated so far still does not meet the needs of the five applicants. It was moved by Hun, seconded by Kelley, to allocate funds for the 1994 Community Development Block Grant Program as follows: $1,500 each to We Can, Westonka Intervention and Interfaith Outreach; $2700 for park planning; $15,800 to assist qualified residents for sewer connections in the Stubbs Bay area. Ayes 5, nays 0. ( * #1) CONSENT AGENDA Goetten requested that Items #8 and #9 and Jabbour requested Item #5 be added to the Consent Agenda. Hurr asked that Items #5, #8 and #9 be removed from the Consent Agenda. Callahan requested that Items #10, #12 and #16 be added to the Consent Agenda. It was moved by Jabbour, seconded by Callahan, to approve the Consent Agenda as amended. Ayes 5, nays 0. ( * #2) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Callahan, to approve the Minutes of the February 28, 1994 City Council Meeting as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMIVIISSION COMMENTS - Candace Rowlette, Representative. Rowlette expressed the Planning Commission's gratitude to be able to attend a seminar. 2 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING 0 HELD MARCH 14, 1994 PUBLIC COMMENTS There were no public comments. POLICE CHIEF REPORT Chief Sullivan was present to discuss the school liaison program. Melanie DeLuca, Community Education Director, explained the Orono Board of Education has authorized a levy of approximately $11,000 to address "crime related costs ". The main purpose is to contract with a law enforcement agency to provide a peace officer for liaison services for the schools. This would provide an opportunity for an officer to build positive and preventative relationships with students and staff. Mayor Callahan inquired if funding will continue in the future. DeLuca replied that it is the general intention of the School Board to continue the levy. Kelley questioned the jurisdiction of the Orono Police Department in dealing with students at the • Orono School because many of the children live outside the area. Chief Sullivan explained when students are on campus, they are within the Orono Police Department's jurisdiction. Investigations are made at the school or occasionally at the home so the parents are not inconvenienced. We have primary jurisdiction but also work with other departments and exchange information. Kelley inquired if the liaison person would assume some of the investigator's duties at the School. Chief Sullivan said some but not all the duties. The young people are not to fear the liaison person. He will provide resources and is needed to develop a rapport with the students. Goetten asked if the choice has been made yet? Chief Sullivan stated it has not been decided. After the program has been approved by Council, the School will form a selection committee to review interested officers. Hurr questioned the funding. If $11,000 is required to do the job from April 1 to June 30, how can $11, 000 be sufficient to operate the program for 9 months next year? 0 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 0 POLICE CHIEF REPORT - CONT. DeLuca explained in the beginning, it takes more set up time. It will be possible to carry funds over for use next year. Hurr stated the special investigator is funded by the City and asked if his work involves children in other communities or only Orono residents? Chief Sullivan responded that the investigator's work deals with any crime or problem that occurs in the four cities that we serve. It does not matter where the child lives if the problem is presenting itself at our school. If the children are in the Orono School District, they are protected equally. Jabbour inquired if a contract would be entered into with the School. Chief Sullivan replied he did not know if it would be a formal contract. Basically we want to determine what is the anticipated cost of that officer per hour going to be and divide that into $11,000 and come up with a block of time. If the School chooses a part time officer, the officer would work there for those hours and if a full time officer is chosen, it would be handled similar to the DARE program where the officer works his time in the school and then 4 to 5 hours as • a uniform patrol officer out on the street. Mayor Callahan said the Council seems to be in favor of the idea but neither the School nor Police Department have thought this through. He suggested the concept be approved and asked that the School and Police Department work out specific details with the City Administrator. It was moved by Callahan, seconded by Goetten, to accept the concept of the School Liaison Officer but asks that the School and City work out a specific plan. Ayes 5, nays 0. ( #4) #1897 R. HUNT GREENE AND JANE E. PICCARD, 865 PARTENWOOD ROAD - VARIANCES - RESOLUTION NO. 3389 Mabusth explained the application involves hardcover increases to property situated within the 0 -75' setback area. The applicants propose a 650 s.f. garage /storage addition which will be located 39' from the channel shoreline and 52' from the 929.4 elevation. An issue is the overhang along the channel side. The applicants now show they will meet the 39' setback required by the DNR at the channel side and a reduction from 3 1/2' overhang to a 2 1/2' overhang adjacent to Maxwell Bay shoreline but at southwest corner of garage, overhang will be reduced to 2'. 4 is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD MARCH 14, 1994 ( #4) #1897 R. HUNT GREENE AND JANE E. PICCARD, 865 PARTENWOOD ROAD - VARIANCES - RESOLUTION NO. 3389 - CONT. Greene said the overhang will be 2 1/2' and also maintaining the 50' setback from Maxwell Bay. The house was originally designed by an architect from the Frank Lloyd Wright School and the 4' eaves are important to the appearance of the house. It is their intent to tie the proposed addition into the unique design. A standard overhang for a house is 18" but to comply with the 39' setback we are willing to cut it back. On the south side, we are requesting a 3 1/2' overhang with a reduction to 2 1/2' overhang which still should blend in with the original residence. We are satisfied with the Planning Commission's recommendation which will result in an increase of hardcover by 26 s.f. and also does comply with the DNR requirements. Hurr commented she had no problem with the 18" overhang and that the overhang is a special design feature. There is no visual impact to users of the lake. Kelley inquired about the water runoff from the roof. The intent is to protect the lake. Hun responded there is no impact to the lake because it flows the other way. is Greene said the 39' has been approved by the DNR and he would prefer to not go back to the DNR. After discussion and explanation of hardcover calculations, it was moved by Hurr, seconded by Jabbour to approve Resolution No. 3389 as amended by applicant to permit the construction of a 650 s.f. addition to the south side of the existing residence to be located 39' from the channel shoreline and 50' from the Maxwell Bay shoreline resulting in a total hardcover of 5,066 s.f. or 11 %, for R. Hunt Greene and Jane Piccard, 865 Partenwood Road. Ayes 5, nays 0. ( #5) #1902 DAN R. GUENTHNER, 120 GOLDEN VIEW DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 3390 Hurr questioned if lighting occurred in the greenhouse at any time. Applicant was not present to explain. It was moved by Jabbour, seconded by Kelley, to grant a conditional use permit to allow the temporary use of a greenhouse from March 25 through June 15, 1994 providing there are no offensive lights at 120 Golden View Drive for Dan R. Guenthner per Resolution No. 3390. Ayes 5, nays 0. 0 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ( #6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION Mabusth explained this is the first phase of a 46 lot future subdivision and consists of 25 lots (15 lots located within the Dickey property and 10 lots located within the Coffin property). Countryside Drive shall be extended to Old Crystal Bay Road and dedicated as a public road. Applicant shall create a cul -de -sac road going west from Old Crystal Bay Road. Countryside Drive West shall be maintained by private property owners. As for the Coffin property, two cul -de -sac roads are shown. All lots have adequate on -site septic development. Each lot meets the 2 acre dry contiguous land requirement. The property is currently being reviewed by the Watershed District for possible protected wetland areas. There is concern that the connection of the two cul -de -sacs on the Coffin property would impact smaller lots in the Cygnet Place neighborhood and a possible intrusion of lights. There is a back lot served by a 30' wide outlot which meets all the requirements of a back lot configuration. Major issues are stormwater retention and the impact of development resulting in increased runoff for downstream drainage. The DNR is concerned with possible impact to the Luce Line Trail and is asking for extension of a culvert beneath the horse trail. Mayor Callahan asked for clarification regarding drainage flowage from the Coffin property to the Dickey property. • Mabusth said it is an existing drainage way and pointed out the direction of the flowage. Mark Gronberg, licensed surveyor with Coffin & Gronberg, Inc., explained there are two major drainage areas on the Dickey site and two large ponds are proposed to retain the water. Kelley stated he lives in the area and is familiar with the drainage concerns. Presently water problems exist from the Coffin property and pointed out where ponding occurs causing septic problems for the Dougans. Drainage from the Dickey property currently causes problems particularly to the Shannon property. Gronberg reviewed drainage for the Coffin property and identified two problems. One problem is being corrected by an outlet pipe and also from the development of a ponding area. The other area bounded by the Luce Line Trail, will capture water by a series of holding ponds. This results in a 1/3 reduction in the flow rate of water going downstream. Mayor Callahan inquired where the balance of the water goes. Gronberg explained it goes through the Lawton ditch, crosses under Old Crystal Bay Road and travels through the Dougan property at a slower rate. 6 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD MARCH 14, 1994 ( #6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONT. Cook stated there is more volume but the rate is less. Mr. Lawton felt Tandem Properties has done a good job in trying to develop the land and expressed his concern with the velocity of the water. He wants reassurance that the new culvert to be placed under the Luce Line will correct the velocity problem. Cook explained the velocity would be less. It is our concern to not make it worse. There is no practical way to reduce the volume of water that comes off a site. Mabusth interjected that the developer's plans reduce the rates of water leaving the property. Hurr inquired who would be responsible for the drainage maintenance. Mabusth said covenants would be developed and the homeowner's association would be responsible for keeping the ponds. • Cook stated once a system is in place, the City is typically responsible for it. This will not be different but there is always the option of assessing costs back to the homeowners. 90% siltation occurs during construction of the site and after that there is little maintenance. Hurr expressed concern with the ponds filling up with sediment and asked who would be responsible to clean them out. Cook explained a developer's agreement would be entered into which would address those concerns. Mayor Callahan and Councilmembers agreed that the drainage plan submitted by the developer would be acceptable. Hurr pointed out the cul -de -sacs are actually variances to Orono's code. Gronberg noted because of designated wetlands (Class III) in the area, it would be difficult to get a road through without impacting the wetlands. Richard Putnam, the developer, stated the residents who live in the subdivision to the west would not want a street behind their homes. is 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ( #6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONT. Hurr asked what will trigger the removal of the cul -de -sac to be a through street. Moorse said it will be platted as a public road but the City will not take over responsibility at this time. As long as residents don't want it to be a through road, the tradeoff is for them to maintain it. Unless there was a public safety issue, there would be no need to make the change. Hurr suggested the bike trail on Old Crystal Bay Road be platted off of the right -of -way to preserve some of the trees. Putnam said they will work with the City to locate the trail where it makes the most sense. Hun suggested the bike trail be identified before the property is platted. Mayor Callahan questioned Park Commission Member Sherokee Ilse regarding the Park Commission's opinion of the bike trail being located inside of the trees to the east. Ilse stated she did not recall the last conversation with the developer. is Mayor Callahan pointed out an easement is needed locating the bike trail inside and the trail needs to be identified now. Mabusth asked if it would take an additional 10' easement where the trees are located in the right of way. Cook replied it would not be enough and at least 30' would be needed as you have to get out beyond the ditch. Mayor Callahan inquired what the width would be beyond the trees. Cook responded 10'. Mayor Callahan indicated the Council was in general consensus on the above points. Hurr inquired about the setback for septic systems. Mabusth answered 20'. The on -site system manager is suggesting that septic systems be moved because of the trail. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD MARCH 14, 1994 ( #6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONT. Gronberg suggested they could be moved 10'. Mayor Callahan asked if the septic sites would actually be damaged by a bike trail over them. Gaffron replied they could have a significant effect because septic system mounds require dispersion away from them through the upper layers of top soil so there is potential concern. Putnam referred to Exhibit D and noted as part of the development, they will prepare a plan for landscaping, berming and entrance signage along Old Crystal Bay Road, Watertown Road and Willow Drive. They want to work the trail into the design of the landscaping, septic sites and the berming. It has always been the intention to put the trail along Old Crystal Bay but because of septic sites, trees, ditches, property lines, etc., the best time to stake the trail is when they are ready to build it. Kelley noted an important characteristic for Orono is that it is not pristine but rural in nature. People have moved here to get away from perfectly landscaped developments. is Mayor Callahan said it seems the difficulty is not with the concept of a trail but the fact that an easement will reduce the acreage of the lots as they are now platted. Putnam said there is enough flexibility in the lot areas to make it work. Mayor Callahan noted problems exist with the bike trail. He asked what the value of the park dedication fee would be whether it is paid in land or dollars. Mabusth responded a very rough figure would be $100,000. Mayor Callahan reviewed the discussion and noted more information is needed regarding the bike trail. Council is satisfied with the drainage problem. There is concern with the cul -de -sac roads and the connection of roads during the second phase. Trees are to be preserved. Kelley asked during the second phase of the Dickey property development, if the wetlands on Lots 17 and 18 would be filled in. Putnam said portions would be filled in but in doing so other wetlands would be created elsewhere. is 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ( #6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONT. Hurr felt the trails should be public. She liked the idea of the Indian site being a park and wants the developer to remove the structures on the site. Kelley suggested the bike trail be staked to allow members an opportunity to walk it. It was moved by Callahan, seconded by Goetten, to table for 30 days approval of the preliminary subdivision for #1903 Tandem Properties, 2645/3025 Watertown Road to give the developer an opportunity to show detailed plans. Ayes 5, nays 0. Mayor Callahan asked what Mrs. Dickey wants the City to do with Outlot A. Putnam replied at this point accept ownership. We are waiting for Mn/DOT to complete a study to determine if this is a historic site. It is his understanding that Mrs. Dickey and the Indian Community would be satisfied if the land be left unmolested by development. (#7) #1905 JOHN POWERS /KEN HOPKINS, 75/85 FERNDALE GREEN - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 3391 • Mabusth explained the applicant proposes a lot line rearrangement of Lot 7, Allo -Rae Terrace. The parcels will be divided off of Lot 2, Fairway Hills and will be divided into three parcels for the possibility of the owners of Lots 5 and 6 to gain ownership. It was moved by Goetten, seconded by Kelley, to grant approval for the lot line rearrangement per conditions of Resolution No. 3391 for #1905 John Powers and Ken Hopkins, 75/85 Ferndale Road. Ayes 5, nays 0. ( #8) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR THIRD EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION NO. 3392 Carlson asked to have the preliminary subdivision approval extended because the location of Highway 12 has not been decided. The present plans run through this property. Hurr inquired if it meets the current code today. 10 is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD MARCH 14, 1994 ( #8) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR THIRD EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION NO. 3392 - CONT. Mabusth replied that it does meet the code requirements and the only change that has occurred is with the new park dedication fee ordinance. All park dedication fees have been paid and he is not subject to the new ordinance requirements. It was moved by Hurr, seconded by Goetten, to approve Resolution No. 3392 granting an extension of preliminary approval for the plat, Crystal Creek, Application No. 1457, proposed by applicant, Alan G. Carlson involving the property located at 3140 Watertown Road. Ayes 5, nays 0. (#9) 1994 JOINT USE DOCK LICENSES - RESOLUTION NOS. 3393 -3402 Hurr objected to the Minnetonka Power Squadron's license application as they do not fit the requirements of "day use only". She is aware that many boats stay overnight. Gaffron suggested they may need to pursue a conditional use permit. • It was moved by Hun, seconded by Jabbour, to delay action on granting a license to Minnetonka Power Squadron at this time and to approve the 1994 Joint Use Dock Licenses for the following licenses: Forest Arms Homeowners Navarre Cove Homeowners Victoria Estates Lauer /Lindahl /Enlow Big Island, Inc. Pheasant Lawn Homeowners Foxhill Homeowners Walters Port Homeowners Sandy Beach Place Nelson/Gage /Carlson Ayes 5, nays 0. 40 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ( * #10) SEPTIC MORATORIUM - STATUS REPORT - ORDINANCE TO EXTEND MORATORIUM NO. 125, 2ND SERIES It was moved by Jabbour, seconded by Callahan, to adopt Ordinance No. 125, Second Series extending the moratorium for six months. Ayes 5, nays 0. MAYOR/COUNCIL REPORT Mayor Callahan called members' attention to the AMM bulletin. He projected taxes will be increased 36% next year unless something can be done in the meantime. In connection with Maxwell Bay, the DNR indicated they were pleased with Council's efforts. Jabbour added the legislative meeting went well. ( #11) ENGINEER REPORT Mayor Callahan noted the report was informational regarding Municipal State Aid roads and accepted the information. Moorse stated a feasibility study has been requested for North Brown Road. • It was moved by Hurr, seconded by Goetten, to direct staff to prepare a feasibility study for North Brown Road. Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( * #12) CRYSTAL BAY PARK UPDATE Lili McMillan was present from the Park Commission to answer Council's questions. Mayor Callahan noted he wants grass planted in the area. McMillan asked what Council's timeframe would be regarding the Crystal Bay site. Goetten explained she would need more time to consider the issue and also to speak with the neighborhood residents. It was moved by Jabbour, seconded by Callahan, to accept Park Commission's report regarding the Crystal Bay Playground. Ayes 5, nays 0. 12 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD MARCH 14, 1994 ( #13) BROWN ROAD ADDRESS CHANGES - RESOLUTION NO. 3403 It was moved by Hurr, seconded by Callahan, to adopt Resolution No. 3403 to change the addresses on Brown Road. Ayes 5, nays 0. ( #14) CITIZEN SURVEY - PARKS Hun felt a written survey would be in the best interest of the City. Parks are for families and a written survey would allow input from everyone in the family. Callahan asked if a survey was needed. Jabbour said a survey had been done about 5 years ago. Callahan stated the last survey indicated that nothing needed to be done except a bike /hike trail. McMillan added the response had been low 5 years ago. Goetten noted many things have changed in the past 5 years. • Moorse explained that Shardlow's involvement for the survey would simply be to give advise as to types of questions and afterwards they would participate in focus groups. A survey company from the University indicated results would be about the same from either a written or telephone survey. Complex questions are best answered from telephone surveys. Kelley suggested each Park Commission member call about 30 residents they know. McMillan replied it would not be scientific. Decision Resources is recommending that 400 people be contacted. Moorse said whether the survey be in a written form or by phone it should be done by random to get a statistically representative sample of the general population. Sometimes written surveys are returned only by specific interest groups. It was moved by Jabbour, seconded by Goetten, to approve the proposal of Decision Resources Inc. for a parks survey at a cost of $7,200 and related park planning consultant assistance at a cost not to exceed $800, both to be funded from the park dedication fund. Ayes 3, nays 2. Kelley and Huff voted no. 40 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ( #15) CDBG FUNDING FOR 1994 - RESOLUTION NO. 3404 As previously noted it was moved by Hun, seconded by Kelley, to allocate funds for the 1994 Community Development Block Grant Program as follows: $1,500 each to We Can, Westonka Intervention and Interfaith Outreach; $2700 for park planning; $15,800 to assist qualified residents for sewer connections in the Stubbs Bay area. Ayes 5, nays 0. (* #16) GOLF COURSE LIQUOR LIABILITY - INSURANCE AWARD It was moved by Jabbour, seconded by Callahan, to award the Orono Golf Course liquor liability insurance coverage for the period April 1, 1994 to March 31, 1995 to the St. Paul Insurance Company at a premium of $1,438.00. Ayes 5, nays 0. ( #17) LEASE AGREEMENT WITH SCHOOL DISTRICT FOR BALL FIELDS Moorse explained there are two agreements - one lease between the City and the School District and the other a sublease between the City and OBA. Minor revisions have yet to be made and we ask for Council's input before putting it into final form. Mayor Callahan asked what determined the length of time for the lease. • Moorse responded OBA wanted the 20 year time period. Because of the investment, it seems to be a reasonable time period. Mayor Callahan asked how a decision was reached regarding how much of an investment was to be made. Moorse clarified that the City is not making an investment. Mayor Callahan stated it was his understanding from the lease that the City would construct a facility. Moorse said under the terms of the lease a provision was made for a facility to be constructed. Mayor Callahan asked the City Attorney for clarification. Staunton replied he did not know. Moorse interjected the lease states the tenant will construct it. 14 is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD MARCH 14, 1994 ( #17) LEASE AGREEMENT WITH SCHOOL DISTRICT FOR BALL FIELDS - CONT. Mayor Callahan said we are relying on the subtenant to take care of all our obligations under the lease. Did you not consider it our obligation under the lease to construct a facility regardless if the subtenant constructs a facility? Did you consider what your responsibilities were? Moorse responded those issues were considered. Mayor Callahan repeated his question - does the lease provide that we will build a facility? Moorse said the language in the lease agreement provides for the tenant to build the facility which is the City. Mayor Callahan inquired if the City has general comprehensive liability to cover insurance requirements of the lease. Moorse stated the City has liability insurance. The contract attorney (Karen Cole from Popham, Haik) has advised that the City is covered in terms of the type of liability coverage needed. • Mayor Callahan suggested that the insurance company be asked to submit a letter to confirm coverage for this matter. Moorse said the lease can be canceled if OBA does not follow through with their agreement. Jabbour felt the City should have an escape clause. He asked the City Attorney if we have a legal obligation to fulfill the obligations of the lease. Staunton agreed with Moorse and Callahan and said damages would be whatever the terms of the lease which are only a $1.00. Hurr inquired about the status of the field if it was abandoned by OBA. Mayor Callahan replied the City is required to maintain it for the term of the lease. A potential problem exists if OBA does not raise all the money required to complete the project or if in the future, they do not have sufficient funds to maintain the fields. Randy Bosma, representative from OBA, said commitments have been received in the amount of $74,000. Hurr asked which cities did not contribute. • 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ( #17) LEASE AGREEMENT WITH SCHOOL DISTRICT FOR BALL FIELDS - CONT. Bosma said Long Lake and Maple Plain will not contribute. Long Lake in lieu of funds has allowed OBA the use of Holbrook for another night. In five years, Long Lake plans to build another field within their city limits. Hurr inquired about the fairness of fees. Bosma explained all children are surcharged an extra $10.00 and the money will be refunded to children who reside in cities who have participated with the funding. Mayor Callahan asked if OBA is satisfied with the lease. Bosma said they did not like the 20 year term. The wording is strict and favors the School District. It was moved by Callahan, seconded by Kelley, that we agree in principle to the leasing of the property and the subleasing of it within the intent of these leases; however, we will not sign the lease until the definitive insurance information from the insurance company is received and that City staff negotiate with the School District as to problems identified in relation to the City and • whatever problems OBA has with the lease. Jabbour added an amendment to the motion that if the Mayor and School District resolve the issues, the Mayor would have authority to enter into the agreement without further Council approval. Ayes 5, nays 0. Jabbour expressed sympathy to Steve Carlson in his recent loss. ( #18) REVIEW OF LIQUOR VIOLATION ADMINISTRATIVE PROCESS It was moved by Callahan, seconded by Goetten, ' to direct staff to advise Council as to the precise process to set up an administrative hearing on liquor licenses to be held prior to Council meetings. Ayes 5, nays 0. Mayor Callahan asked that the summer recreation program be discussed. The Community Education Department is asking that the City double the amount contributed to the summer camp program. Goetten noted a response was needed by April 1st. Hurr felt there should be a fee for service. 16 • • 0 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 ( #18) REVIEW OF LIQUOR VIOLATION ADMINISTRATIVE PROCESS - CONT. Mayor Callahan said the matter would not be acted on tonight and placed it on the next Council agenda. CITY ATTORNEY'S REPORT There was no City Attorney report. ( *19) LICENSES It was moved by Jabbour, seconded by Callahan, to approve the following licenses: Septic System Installer: Elmer J. Peterson Co., Inc. Delano Site Evaluator /Designer: Set -Up: Special Event Ayes 5, nays 0. ( * #20) BILLS Jerry Johnson Exc. Long Lake S -P Testing, Inc. St. Michael Navarre Lanes 3435 Shoreline Drive Norwest Bank - Wayzata Half Marathon Foot Race Sunday, May 1, 1994 9 a.m. - 12 noon It was moved by Jabbour, seconded by Callahan, to approve payment of the All Funds Account. Ayes 5, nays 0. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 14, 1994 • ADJOURNMENT The meeting was adjourned at 10:55 p.m. ATTEST: i Edward J. Call r. Mayor 0 18 1*