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HomeMy WebLinkAbout06-27-1994 Council MinutesMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 • ROLL The Council met on the above date with the following members present: Mayor Edward J. Callahan, Councilmembers Charles Kelley, J. Diann Goetten, Gabriel Jabbour, and JoEllen Hurr. The following represented staff: City Attorney Kevin Staunton, Acting City Administrator John Gerhardson, Police Chief Stephen Sullivan, Finance Director Thomas Kuehn, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT AGENDA Kelley added items #7, and #8 to the Consent Agenda. Hurr requested that #2 be removed from the Consent Agenda. Mayor Callahan added items #10 and #11. Hurr moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 5, nays 0. APPROVAL OF MINUTES (#2) REGULAR MEETING OF JUNE 13, 1994 • Hurr requested that the last sentence in paragraph 4, page 4, be changed to read: Hurr noted that she did not have a conflict of interest in this proposal because her sister was involved with legal representation only for the seller, but had no financial interest in the project. Hurr moved to approve the Minutes of the June 13, 1994 City Council meeting as corrected.. Ayes 5, nays 0. PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Candace Rowlette, Representative There were no Planning Commission comments. PUBLIC COMMENTS Gary DeSantis from Sailor's World requested that the Council grant him permission to move the storage module on his property to give his neighbor a better view of the lake. He stated he believed that there were better locations on the property which would allow for better screening of the module. Mayor Callahan responded that Mr. DeSantis would have to go • through the process to amend his Conditional Use Permit, and the Council was unable to take action on his request that evening. Gaffron stated that it could be placed on a future 1 r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 PUBLIC COMMENTS (CONTINUED) agenda for Council consideration. AUDIT REPORT ( #3) PRESENTATION BY AUDITOR - 1993 COMPREHENSIVE FINANCIAL REPORT - KEN MALLOY AND SHERI OELTJENBRUNS Ken Malloy and Sheri Oeltjenbruns were present. Ken Malloy stated they would briefly review the report and answer any questions. He noted that Orono receives very little State Aid, and discussed the City's revenues and tax rates in comparison to other cities. The report illustrates financial trends over the past five years. Mayor Callahan inquired if Orono maintained an adequate cash balance, and Malloy responded that they always had maintained a positive cash balance, whereas other cities did not always do this. He noted that this was only for the General Fund balance and did not take into account funds which have been allocated for specific purposes. Malloy discussed the internal controls and stated due to the small size of the City's personnel the extent of separation of incompatible dues was limited. However, because the City had recently hired new accounting personnel, now would be a good time to review the accounting personnel job descriptions in order to make changes. Malloy indicated that the internal controls were to avoid any one employee having control of all phases of a transaction, or access to both physical assets and the related accounting records. Mayor Callahan stated that this comment had been made in previous audits, and he felt the City Administrator should be directed to look into this to determine whether this situation can be rectified. Sheri Oeltjenbruns stated that they recommend that more than one person sign checks for large amounts. She commented that the audit went well and no problems were encountered. Kuehn stated that he was amenable to making any changes the Council felt were necessary. Hurr inquired when they could bring specific information to the Council to resolve the internal controls and Malloy responded that they could have it completed within 30 days. Kelley inquired if the auditors had encountered other cities leasing major equipment rather than purchasing it, given the fact that cities were now required to pay sales tax. Malloy responded that he did not really know; some lease arrangements were used but he would be open to discussing this possibility with the Finance Director and staff. Kelley stated he was concerned about the Police contracts with other cities and whether they were recovering their actual costs for provision of services to these communities. Malloy responded that those costs are not really separated out from the costs of the Orono Police Department but they have considered having this area more thoroughly looked into. Kelley stated he felt a thorough cost analysis needed to be done. PA 0 f� MINUTES OF TBE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 POLICE CHIEF REPORT ( #4) DRAFT SPRING PARK 1995 CONTRACT PROPOSAL Sullivan reviewed the proposal and requested comments from the Council. Hurr asked where the costs were built in for the investigator and Sullivan responded it was part of the base contract fee. It appears to be very close to the actual costs incurred by this operation. ZONING ADMINISTRATOR'S REPORT ( #5) #1915 GEORGE APPLEBAUM, 4109 HIGHWOOD ROAD - VARIANCE - RESOLUTION NO. 3442 George Applebaum was present. Mayor Callahan asked if the Resolution was satisfactory as proposed and Mr. Applebaum responded that it was. Jabbour commented he felt that Mr. Applebaum had done a good job in reducing the hardcover as directed by the Planning Commission and City Council and he supported the presently proposed plan. It was moved by Jabbour, seconded by Kelley, to adopt Resolution No. 3442 approving #1915 Variance for George Applebaum at 4109 Highwood Road. is Goetten commented she had visited the property and recognized how steep the topography was, and why the applicant was requesting the variances. She felt the applicant had done a good job in reducing the hardcover and improve the property and she supported granting the variance. Mayor Callahan asked if the applicant was planning to remove the northern sidewalk down to the steps and Mr. Applebaum responded that he intended to remove as much of it as possible leaving only a small area at the foot of the steps. Rowlette stated she had felt that the applicant could have done more to remove hardcover on the property and she had not voted in support of this application. She felt the amount of hardcover should be reduced further. Vote: Ayes 5, nays 0. ( #6) #1933 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. 3444 Mark Gronberg and James Deanonic were present representing Tandem Properties. Mabusth reviewed the proposal and noted that the applicant was in the process of working with the Corps of Engineers to develop final grading and filling plans. She noted that the Planning Commission had approved the back lot configuration for Lots 16 and 17 on the Coffin property. The Planning Commission requested that the setbacks be redesignated for back lots • requiring 150% of the standards. Side yards must be changed to 45' and rear to 75'. The sideyard setback on Lot 15 should be adjusted to 50' adjacent to Outlot B. Mabusth reviewed the internal private trail which will be a maximum of 5' in width and surfaced with N MINUTES OF TAE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 ( #6) #1933 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. 3444 (CONTINUED) wood chips on existing grade. Hurr inquired if there was an easement over a larger area than would be occupied by the wetland and Gronberg responded that was to accommodate the Hundred Year Storm Event elevations. Jabbour stated he wanted to ensure that the trail could not be paved in the future and that it would remain a maximum of only 5' in width and be surfaced only with wood chips. He felt that should be part of the homeowners association covenants so that future property owners would be aware of these restrictions. Jim Deanonic stated that they are willing to put this into the covenants. Mabusth commented that staff would also include them in the final resolution. She felt it would be appropriate to place it in the homeowners association covenants also. Jabbour commented that he would like to have the fact that the trails on the Dickey property are public also included in the homeowners association covenants for that property. The septic systems for the proposed lots were discussed, and their proximity to the wetlands. It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3444 approving #1933 Preliminary Subdivision for Tandem Properties at 2645/3025 Watertown Road with the stipulations as listed and the addition that the homeowners association covenants contain the fact that the private trails on the Coffin property may be a maximum of 5' in width and surfaced only with wood chips on existing grade and the homeowners association covenants for the Dickey property shall contain the fact that the trails within that portion of the development are public trails. Ayes 5, nays 0. ( *#'n #1936 CHARLES E. TROYAK, 2525 KELLEY AVENUE - VARIANCE - RESOLUTION NO. 3443 It was moved by Hurr, seconded by Goetten, to adopt Resolution No. 3443 approving #1936 Variance for Charles E. Troyak at 2525 Kelley Avenue. Ayes 5, nays 0. ( * #8) #1939 TIMOTHY OTTEN, 425 TURNHAM ROAD - VARIANCE - RESOLUTION NO. 3445 It was moved by Hurr, seconded by Goetten, to adopt Resolution No. 3445 approving #1939 Variance for Timothy Otten at 425 Turnham Road. Ayes 5, nays 0. (#9) 1994 MARINA LICENSES - LAKESIDE MARINA AND GAYLE'S MARINA Jabbour left the table for this item. Hurr commented that there were barges being stored at Gayle's Marina and Gaffron responded that this was an issue for the LMCD, and he noted that per a recent LMCD letter to Gayle's, the barges must be moved by July 1, 1994. The 4 ID MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 • (#9) 1994 MARINA LICENSES - LAKESIDE MARINA AND GAYLE'S MARINA (CONTINUED) barges are stored illegally and must be removed, and the LMCD will ensure that this is done. Gaffron noted that the City has adopted certain LMCD regulations but has not enforced them to date. Staff will do so if directed by the City Council. Hun inquired if anyone had checked the safety of a gas tanker truck parked on the property and Gaffron responded that staff could check into it, but noted that it was not a permanent fixture on the site. The underground gas tanks have been tested at the request of the MPCA and supposedly passed, but he could not reach Rick Newquist at MPCA to confirm this. Hurr requested that staff confirm that the tank had been tested. She felt that testing should be made a part of the licensing requirements for licenses issued in 1995. Mayor Callahan inquired whether Gayle's Marina was being acquired by the DNR, and noted that the process was not rapid. He commented perhaps the City should consider the option of condemnation proceedings on the property and then deal directly with the DNR. Hurr stated that she understood that funds from the State lottery were to be used and the purchase will be completed this year. She did not wish to comment further, but felt that condemnation • was not the correct course of action at this time. Hurr stated that she did not see where a caretaker could live on the property at Lakeside Marina, and Gaffron responded that the caretaker referred to lives on property three lots away, but keeps an eye on the marina. Hurr stated that the charter boat at Lakeside is presently parked at Crystal Bay Service and has been several times this summer. She asked where people were picked up, and Gaffron responded that they have used Lakeside Marina on more than one occasion. The Planning Commission is proposing an ordinance amendment making "charter boat port -of- call" a conditional use and will be bringing it to the Council in the near future. Hurr noted that the caretaker residence has two rental pontoon boats docked on Crystal Bay. Gaffron responded that staff has not confirmed this year whether they are his personal property or the property of the marina. He noted that commercial use from this residentially used property would require a conditional use permit, and none had been issued for this property. It was moved by Callahan, seconded by Kelley, to approve 1994 Annual Commercial Marina Licenses for Gayle's Marina and Lakeside Marina. Ayes 3, nays 1. Hun voted no. Jabbour returned to the table. 0 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 • MAYOR /COUNCIL REPORT Mayor Callahan reported that he had met with mayors from ten other cities and the meeting was a success. To a large extent the discussion centered on County Road 15 and the philosophy of managing problems of this type. Goetten noted that the City of Minnetonka Beach had celebrated it's 100th Anniversary and felt the City Council should send a Resolution acknowledging support of this. The other Councilmembers concurred. Kelley commented that the projection of population for the City of Orono was incorrect and he felt that MnDOT was manipulating numbers within the information presented. He requested the historical projections for the City of Orono for the meeting on Tuesday, as he felt it would give perspective on the figures. He commented he was very concerned about the numerical information being disseminated. Gaffron commented that the projections have always been higher than reality. CITY ADMINISTRATOR'S REPORT ( * #10) DESIGNATING A NEW LOCATION FOR PRECINCT #4 POLLING LOCATION - RESOLUTION NO. 3446 • It was moved by Hurr, seconded by Goetten, to adopt Resolution No. 3446 designating the Orono Council Chambers, 2780 Kelley Parkway, in the City of Orono as the new Precinct #4 polling location. Ayes 5, nays 0. ( * #11) REQUEST TO DELETE SEWER ASSESSMENT ON TAX FORFEIT LOT RELEASED FOR SALE TO ADJACENT PROPERTY OWNER It was moved by Hurr, seconded by Goetten, to waive the outstanding sewer assessment on the tax forfeit property PID 06- 117 -23 -41 -0058 upon the purchase by adjoining property owner, N. Hammarberg, 4081 Oak Street and combination with the adjoining property. Ayes 5, nays 0. ( #12) CHARLOTTE KNUTSON RETIREMENT - RESOLUTION OF APPRECIATION NO. 3447 It was moved by Hurr, seconded by Callahan to adopt the Resolution of Appreciation No. 3447 to Charlotte Knutson and declaring July 8, 1994 as Charlotte Knutson Day. Ayes 5, Nays 0. Mayor Callahan commented that they will miss her and her contributions to the City. .:. 1� 0 U MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 ( #13) MONUMENT RELOCATION Gerhardson stated that the old City Hall building was demolished and two monuments on that site must rime relocated. Hurr commented she would assist staff with designating a new location. ( #13a) RESIGNATION OF CITY RECORDER BARBARA ANDERSON It was moved by Hurr, seconded by Goetten, to accept the resignation of City Recorder Barbara Anderson, with regret, and direct staff to initiate the hiring process for a replacement. Ayes 5, nays 0. CITY ATTORNEY'S REPORT Staunton stated that he needed to have a meeting with the Council regarding his memo on thc. State Statute changes in the Open Meeting Law. ( * #14) LICENSES It was moved by Hurr, seconded by Goetten to approve the following licenses: Special Event Permit: Long Lake Chamber of Commerce Circus at Orono Schools (Middle School) softball fields July 27, 1994 from 5 p.m. to 7 p.m. Septic System Installers Ayes 5, nays 0. ( * #15) BILLS Coppin Plumbing Mound, MN Clover Hill Co., Inc. Shakopee, MN Duane Ritter Exc. Rockford, MN It was moved by Hurr, seconded by Goetten, to approve payment of the All Funds Account, Ayes 5, nays 0. U MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 27, 1994 ADJOURNMENT The meeting adjourned into Executive Session at 10:03 p.m. Edward J. , allahan, Jr., Mayo ATTEST: C�