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HomeMy WebLinkAbout11-14-1994 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 14,1994 is ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, and Charles Kelley. JoEllen Hurr was absent_ Representing Staff were City Administrator, Ron Moorse; Public Works Director, John Gerhardson; City Attorney, Tom Barrett; Building and Zoning Administrator, Jeanne Mabusth; Assistant Planning and Zoning Administrator, Michael Gaffron; Engineer, Shawn Gustafson; and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 7:30 p.m_ OATH OF OFFICE - PART -TIME POLICE OFFICERS Neal Melton was unable to attend the meeting. Part -Time Police Officer Bill Persell was sworn in as a police officer for the City of Orono. Persell was introduced to the Mayor and Council Members. ( * #1) CONSENT AGENDA Items #4, 7, 8, 11, 12, 15, and 18 were added to the Consent Agenda. Mayor Callahan extended his congratulations on the State Championship won by the Orono High School • Girls Tennis Team. A congratulatory letter was faxed to the team which celebrated its win on 10/31 /94. Callahan moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0_ APPROVAL OF MINUTES (- #2) REGULAR MEETING OF OCTOBER 24, 1994 Callahan moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of October 24, 1994. Ayes 4, Nays 0. PARK COMMISSION COMMENTS Robert Howells was present and congratulated the Council on the results of the recent election. Howell reported his interest in the outcome of the Saga Hill land available through tax forfeiture for parkland on the meeting's agenda_ PLANNING COMIVIISSION COMMENTS Charles Schroeder was present but had no comments at this time. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14. 1994 PUBLIC COMMENTS Marie Purvey of 3926 Cherry Avenue, Mound, voiced her concern over the escalation of • her sewer costs. Purvey asked for information on how the sewer costs were established and how the increase was determined. Purvey reported an increase of 38% since 10/93 from $58 to $70.55. Callahan said there is a separate sewer fund in the City. The Fund is used to operate the sewer and maintain the lift stations. The sewer rates were passed at a Council meeting as part of the City budget. Purvey asked if a metering service is available. Moorse said commercial buildings are metered according to volume. Those residential properties connected to City water have meters, but others who do not have City water do not have meters. Residents are charged on a unit basis. There was a 301/6 increase last year but it was noted that this occurred after six years of no increase. The increase was in direct relation to the amount paid to the Metropolitan Waste Control Commission. Moorse reported being in the process of looking at the possibility of residential metered service and noted there would be a cost involved for installation of the meters. Moorse said one option for metering is that if a customer would like to be charged based on their volume, they could install a meter. This presently is not available. Jabbour noted that the recent drought period reduced the lake water level resulting in less • sewer flow and less money being charged to the City by the MWCC. The Orono residents received the benefit of this by lower sewer bills the past six years. Jabbour also said the meters would require being read which would cost the customer in his or her sewer bill_ Purvey asked about customers reading their own meters, and Moorse said there are options available regarding meter reading. Callahan commented on the amount of water now going through the sewer system because of sump pumps currently connected to the system which should not be. This is an area that the City is now looking at which will result in cost saving in the near future. ZONING ADMINISTRATOR'S REPORT ( #3) #1895 PAT WOLFE, 2871 CASCO POINT ROAD - AFTER-THE-FACT VARIANCES The Applicant was not present and asked Staff to remove the application from the agenda. Jabbour moved, Goetten seconded, to table Application #1895 for Pat Wolfe until the Council Meeting of 11/28/94. Staff was informed to notify Mr. Wolfe to be present at the next meeting as this issue will be acted upon at that time. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14, 1994 • ( * #4) #1967 K -P PROPERTIESIROBERT OLSON/IRVIN GEFFRE, 4645/4665 BAYSIDE ROAD - FINAL SUBDIVISION APPROVAL - RESOLUTION Mr. Peterson was present representing K -P Properties, Inc. and the property owners. Callahan moved, Goetten seconded, to adopt Resolution #3492 granting final plat approval for the plat of Bayview Farms Second Addition for Robert S_ Olson, Irvin Geffre, and K -P Properties, Inc. at 4645 -4665 Bayside Road. Ayes 4, Nays 0. ( #5) #1969 CITY OF ORONO, 1355 BROWN ROAD SOUTH - VARIANCE - RESOLUTION Goetten inquired about the cost of the parking lot. Gerhardson reported the cost will be $4890, which includes the planting of additional trees. Gerhardson said the lot has been dealt with as a zoning matter and is part of a lease agreement with the postal service. Gaffron stated this application is a request for a front yard setback variance. Because this is a two -acre single family zone, a parking lot would normally have to be 50' from the street lot line. This would result in encroachment into the existing Crystal Bay Park area and would still require a driveway in the defined front yard. Based on this, the parking lot plan is to place it along the side of the building requiring a variance. • The Council members felt that the 8 -10 stalls normally required for this building size is excessive for the use the building receives. Gerhardson said the plan is to install six stalls. Gerhardson said the City is concerned with traffic flow into the post office. At the present time, residents using the drive -up box have to cross the street twice to use it. It was noted that this lot would also service the park. Gafffron said since the building is in existence, the City has the discretion to choose the number of stalls for the parking lot. Callahan suggested this item be tabled to check the lease with the postal service to determine if it includes the number of stalls for the parking lot. Callahan moved, Goetten seconded, to table Application 91969, City of Orono, until the Council meeting of 11/28194. Ayes 4, Nays 0. (#6) #1971 BRIAN KIPFERIGREG SARGENT, 320 TURNHAM ROAD - CONDITIONAL USE PERMIT - RESOLUTION OF DENIAL 43493 The Applicants were present. C] 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14, 1994 ( 96 - 91971 - Kipfer /Sargent - Continued) Mabusth reported the City required the applicants to file a conditional -use permit for a • guest house use for proposed living area expansions within a detached garage currently being reconstructed. It is not the intention of the applicants to use the area as a guest house but the improvements to the accessory structure would make it usable as a guest house. The lower level area will include a shower, bath, and work room with large sinks. The upper loft area will house a studio work area. The Staff was concerned and asked for the filing of this application so that future owners would be advised that structure could never be used as a guest house because the area of the property could never meet guest house standards. The City Attorney had advised Staff that a covenant be placed on the chain of title rather than file a denial resolution. Barrett said the objective was to file a notice against the title so there was a record for future owners that the improved structure could not be used as a guesthouse. Barrett commented on the importance of the restriction to show in the chain of title. He said the ordinance should be amended now to avoid going through this procedure, but at this point, recommended denial of the CUP. It was noted that the applicants' concern is only that they are allowed to continue making the improvement on their property. Callahan moved, Kelley seconded, to adopt the Denial Resolution #3493 for a • conditional -use permit for Brian Kipfer and Greg Sargent, and referred the applicants to confer with the City Attorney on the placement of the restriction notice on the property title. Callahan directed the Staff to draft a change in the ordinance. ( - #7) #1972 DANIEL J. RADFORD, 3593 CRYSTAL PLACE - VARIANCE - RESOLUTION #3494 Callahan moved, Goetten seconded, to approve Resolution 43494 for Daniel Radford. Ayes 4, Nays 0. ( * #8) #1976 DON P. GAMBLE, III, 4680 BAYSIDE ROAD - PRELIMINARY SUBDIVISION - RESOLUTION 43495 Callahan moved, Goetten seconded, to approve Resolution #3495 for a Preliminary Subdivision for Don P. Gamble. Ayes 4, Nays 0. is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14. 1994 (#9) #1977 LAWRENCE & MARILYN DORR, 980 TONKAWA ROAD - VARIANCE - RESOLUTION #3496 Architect, Bruce Schmidt, represented the Applicants. Mabusth reported the application is for an average Lakeshore setback variance_ The existing two -story cabin and garage will be replaced and, although the new structure will be placed approximately at the same setback, it will encroach into the average Lakeshore setback line by 97. The Planning Commission recommended approval but asked that the applicant meet with the neighbors to the south, the Hoff nan's, to seek their approval of the plan. The City received a letter from the Hof&nan's voicing concern with the plans. The Hoff-man's have submitted a new letter advising they have met with applicant's representative and now approve the proposal as presented. Goetten commented that there was no other logical place to build the new residence. Jabbour said the reason for the average lakeshore setback is to protect the neighbors. It was noted that approval of this application could result in the Hoffman's having the right to move their residence forward. Goetten moved, Kelley seconded, to approve Resolution 93496 per the findings and conditions of the Planning Commission's recommendation. Ayes 4, Nays 0. ( * #10) #1994 MARINA LICENSE - WINDWARD MARINA • Callahan moved, Goetten seconded, to approve the 1994 Marina License for Windward Marine, Inc. at 1444 Shoreline Drive. Ayes 4, Nays 0. OTHER INFORMATION Gaffron reported Staff has received a letter from James Lear, who had previously received approval to build retaining walls on his property on Dunwoody. Lear asked the City to allow him to use Allen block instead of the "lannon stone" previously submitted in his plans due to the cost involved. The City Engineer recommends approval of this change. The Council members voiced their approval of this change. MAYOR/COUNCIL REPORT STARTING TIME FOR CITY COUNCIL MEETINGS Goetten moved, Jabbour seconded, to change the start time for the City Council Meetings to 7:00 p.m. Ayes 4, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER i4, 1994 SAGA HILL TAX FORFEIT PARCEL • The parcel of land is available for the City to acquire free if used for public purpose. If the land is acquired for non - public use, the City would pay the market price of approximately $40,000. If the land is taken for public use and then decided to use for other purposes, the land would revert back to the ownership of the State, then the County, and then open to other agencies for acquisition. Moorse reported a developer is interested in the property and wishes to trade the tax forfeit parcel for a parcel nearby. The developer feels the parcel in question is best suited for home sites and for a road to serve the subdivision. The land which would be available for exchange has more trees and contains a ravine. The neighbors in Saga Hill would like to see the land used for a park. Mabusth reported there is a 15' alley -way easement on the property which would be used as a pedestrian access. Callahan moved, Goetten seconded, to direct the City Administrator to acquire the land for public use. Ayes 4, Nays 0. MCWD - LONG LAKE WATER QUALITY IMPROVEMENT PROJECT Council members were concerned with a draft from the MCWD of a proposed agreement made with the City of Orono for the Long Lake Water Quality Improvement Project, which is different from their perception of the agreement. The number of years of • maintenance for the aerators included in the MWCD project is different than what the Council had agreed_ Callahan said the fish barrier on CoRd 6 discussed in the draft was not part of the agreement as they understood it. Kelley would like to hear from the residents in the areas where the ponds are to be located. The Council members would like to see the draft reflect the concerns of the City of Orono toward the project. The Council is not ready to commit financially to the project and would like to receive answers to the logistics on the pond locations, what will occur and when, and the response from the citizens that will be affected. Moorse will write a letter to the MCWD to clarify these matters. Callahan and Jabbour will continue discussions with the MCWD. CITY OF LONG LAKE - CONTRACT ACCOUNTING SERVICES WITH ORONO Council Member Kelley asked for a copy of the proposal being presented to the City of Long Lake for their possible contracting of financial and accounting services from the City of Orono. Kelley was interested in obtaining information on how the City will recoup their costs, and what the fees are based on. Moorse will send the supporting documents to Kelley. is 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14, 1994 OTHER Kelley inquired of how the budget is looking for the calendar year in relation to revenues versus expenditures. Kelley wondered if there is the need to review the budgeted areas throughout the year. Moorse reported the figures are available, and a quarterly year-to- date report was recently handed out to the Council Members_ ENGINEER REPORT ( * #11) PAY REQUEST #1 OLD CRYSTAL BAY ROAD - BUFFALO BITUMINOUS Callahan moved, Goetten seconded, to approve the first request for payment on the Old Crystal Bay Road project in the amount of $29,830. Ayes 4, Nays 0. ( * #12) PAY REQUEST #2 BROWN ROAD RECONSTRUCTION/WATERTOWN ROAD CULVERT - BUFFALO BITUMINOUS Callahan moved, Goetten seconded, to approve the Request for Payment No. 2 for the Brown Road project in the amount of $229,898.24. Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT • (* 03) UPDATE OF AUDITOR'S RECOMMENDATIONS FINANCE DEPARTMENT SEGREGATION OF DUTIES is Callahan moved, Goetten seconded, to approve the implementation of the Auditor's Recommendations for Internal Controls. Ayes 4, Nays 0. ( #14) RENEWAL OF INSURANCE AGENT OF RECORD Moorse reported that most of the City's insurances are purchased through the League of Cities. The League requires the City to have an Insurance Agent of Record. This person has the expertise and certification to advise the City on their insurance needs. Callahan questioned the responsibilities performed by this agent. It was decided at Kelley's suggestion to develop a fist of possible candidates for this position for future need. Callahan moved, Jabbour seconded, to appoint Mr. Duweyn Carlson, Apple Valley Agency, as Insurance Agent of Record for 1995, at a fee not to exceed $7,880, including any commissions earned on policy premiums paid by the City. Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14, 1994 ( * #15) ORONO HIGH SCHOOL GIRLS TENNIS TEAM RECOGNITION - RESOLUTION #3497 Callahan moved, Goetten seconded, to adopt Resolution 93497 recognizing the Orono High School Girls Tennis Team for winning the State Championship_ ( #16) PUBLIC WORKS PURCHASE OF CAB FOR ICE RINK SWEEPER Moorse reported the City has a tractor with a broom attachment for snow removal. The Park Commissioners identified the skating rink maintenance to be a priority. This requires a thorough cleaning prior to the actual flooding. The cab in question will protect the operators from snow being blown back into their faces. Jabbour moved, Goetten seconded, to approve the purchase of a cab attachment for the skating rink cleaning equipment at a cost not to exceed $3,000, to be funded from the equipment outlay fund. Kelley asked Moorse for clarification of the parameters by which the City purchases new equipment and at what equipment cost is the decision brought before the Council for approval if the purchase is not in the budget. Moorse indicated nearly all capital equipment purchases are brought to the Council. ( #17) REQUEST FOR STREET LIGHT AT OLD CRYSTAL BAY ROAD NORTH AND COUNTY ROAD 6 • Moorse reported the request for the installation of a street light at Old Crystal Bay Road North and County Road 6. This intersection receives a high level of traffic from school events. Moorse noted neighbors can ask NSP for a street light and be billed directly by NSP. Because this light would benefit the general public, it is recommended the cost be funded through the general fund budget. Callahan moved, Goetten seconded, to approve the installation of a street light at the intersection of Old Crystal Bay Road and County Road b, with the $50 one -time installation cost and the $8.40 per month electricity cost to be paid from the City's general fund. Ayes 4, Nays 0. (- #18) PROPOSED 1995 MEETING SCHEDULE Callahan moved, Goetten seconded, to approve the proposed 1995 meeting schedule. Ayes 4, Nays 0. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14. 1994 ( #19) NAVARRE WATER PLANT STUDY Moorse reported additional information on the Navarre Water Plant Study and the need to analyze the specifics of the rehabilitation. Moorse said it is important that the City does not just replace what is there but be in compliance with the copper/lead rule and meet capacity projections. Bonestroo will analyze options for the City's water treatment processes to determine whether there is a need to change chemicals or to change the process being used. Council members are concerned with the costs involved. The 1994 budget includes $20,000 for the rehabilitation work. This request would reallocate these funds to the study. Moorse said the study would be completed in 1994. In 1995, there will be approximately $20,000 - 25,000 for the first phase of the rehabilitation project. Three to four years is the projection to update the water plant. Jabbour moved, Kelley seconded, to authorize Bonestroo to proceed with the water plant study at a cost not to exceed $16,450. Ayes 4, Nays 0. ( #20) ESTABLISH PUBLIC HEARING DATE - PERSONAL WATERCRAFT ORDINANCE Callahan suggested a joint public hearing to be held in January. The exact date will be determined at a later time. • ( #21) CONTRACTED SUMP PUMP INSPECTOR Moorse reported the original plan was to utilize in -house staff to perform the sump pump inspections. These inspections are provided free. On further study, Staff has seen the need to contract out for an independent inspector to meet the needs of the homeowner in providing evening inspections and in response to the current heavier than normal workload of the City's inspection staff. Council members were concerned with the additional costs involved. Moorse said Staff would make every attempt to complete the inspections in -house first before utilizing the services of an independent inspector. Callahan moved, Jabbour seconded, to authorize the use of a contracted inspector to assist with the sump pump inspection program at a cost not to exceed $5,000_ Ayes 4, Nays 0. Council members also noted that the City should notify residents receiving water from the Navarre Plant that the City is softening the water. This has resulted in double softening by both the City and the residents, which is unnecessary_ CITY ATTORNEY'S REPORT • City Attorney Barrett requested adjournment to Executive Session. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 14, 1994 ( * #22) LICENSES r] Callahan moved, Goetten seconded, to approve a home occupation license for Charles Owen Anderson, 1295 Loma Linda Avenue. Ayes 4, Nays 0. ( * #23) SILLS Callahan moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session at 9:40 p.m. i Edward J. Callah Jr., Mayor ATTEST: C� • 10