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HomeMy WebLinkAbout01-25-1993 Council MinutesA MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 ROLL The Council met on the above date with the following members present: Mayor Callahan, Councilmembers Charles Kelley, JoEllen Hurr, and Gabriel Jabbour. J. Diann Goetten was absent. The following represented "[he City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Callahan called the meeting to order at 7:30 P.M. Mayor Callahan recognized the Finance Department for the Certificate of Achievement for Financial Reporting. He commended them on the fine job. Mayor Callahan referred to a letter he received from a citizen recognizing the fine service by Officer Curt Erickson the night of the Ice storm. He reported Erickson went out of his way to help the gentleman after his car had partially slid off the road. He commended him for the fine job. • ( #1) CONSENT AGENDA Hurr removed Items #2, 18 and 19. Jabbour removed Item #5. Mayor Callahan added Item #7. It was moved by Jabbour, seconded by Mayor Callahan, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be Included In the minutes In their respective numerical order. ( 02) APPROVAL OF MINUTES Hurr asked that Page 2, 1st paragraph be corrected to read: "less likely to happen "; and Page 3 changed to read "J. Diann Goetten left the Council Chambers ". It was moved by Hurr, seconded by Mayor Callahan, to approve the minutes of the regular meeting of the Council held on January 11, 1993. Ayes 3, nays 0. Jabbour abstained. It was moved by Jabbour, seconded by Mayor Callahan, to approve the minutes of the special meeting of the Council held on January 4, 1993. Ayes 4, nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 i PARK COMMISSION COMMENTS (#4) ORONO BASEBALL ASSOCIATION LEASE - BEDERWOOD PARK It was moved by Mayor Callahan, seconded by Jabbour, to table action on the OBA lease `of Bederwood Park until the February 22nd meeting. Hurr inquired about the background of such. Mayor Callahan reviewed the history of the lease. He noted the Park Commission has supervised and annually reviewed the use of the park. Hurr said she supported the Park Commission's recommendation and felt since the park has been improved, It should continue to be used. Jabbour suggested she review the original contract. Vote: Ayes 4, nays 0. LAKE MINNETONKA CONSERVATION DISTRICT Hurr reported the "Save the Lake Dinner" will be held February • 11th. She stated the LMCD is seeking input from Orono regarding the use of polystyrene floating structures. The Environment Committee Is reviewing the Trunk Highway 101 Gray's Bay bridge replacement Issue. An Administrative Committee is reviewing finances, staggering terms for Directors and alternating performance reviews. Mayor Callahan felt they may not have the Statutory authority to stagger terms of Directors. Jabbour said while the Council is awaiting receipt of the City Attorney's opinion regarding whether the City Is forced to continue financial support to the LMCD, the Council should consider the next steps. He reiterated they are not sending funding or a representative until that opinion is received, and felt the entire Issue should not be voted on until a full Council is present. ( #4A) DNR MAXWELL BAY ACCESS PROPOSAL It was moved by Mayor Callahan, seconded by Jabbour, to continue discussion on the DNR Maxwell Bay access proposal to the January 26, 1993 work session beginning at 8:00 p.m. Ayes 4, nays 0. 2 40 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 PUBLIC COMMENTS Don Germanson, President of the Lake Minnetonka Land Owners Association, thanked the Council for its continued effort in working toward a good relationship. He noted he was in favor of the staggered terms for -7the LMCD Board Directors because this will allow for a faster turnover In the coming years, and perhaps some changes on the Board. ZONING ADMINISTRATOR'S REPORT ( #5) #1778/ #1779 ANDREW GOETTEN, 1385 FOX STREET - REVISED VARIANCE & PRELIMINARY PLAT APPROVAL - SPECIAL LOT COMBINATION It was moved by Mayor Callahan, seconded by Jabbour, to table Application #1778 & #1779 for Andrew Goetten of 1385 Fox Street, at the request of the applicant, for two weeks. Ayes 4, nays 0. (#6) LMCD PROPOSED FOAM FLOTATION ORDINANCE Gaffron reviewed the three changes from Orono's adopted Ordinance to the LMCD proposed Ordinance: 1) extension of the elimination • date to April 15, 1995; 2) rearranged sections; and 3) discontinued use of flotation buoys by 1997. Kelley asked If this was initiated because of the ordinance Orono adopted. Hurr felt the LMCD would probably have done something, but It would have taken longer. Jabbour said the LMCD was reluctant to do anything regarding this issue at this time. Mayor Callahan Indicated there appear to be no specific comments on this proposal to be related to the LMCD. ( * 07) CITY OF VICTORIA FLEXIBILITY REQUEST It was moved by Jabbour, seconded by Mayor Callahan, to accept the shore I and f I ex I b I I i ty request of the C i ty of V i ctor i a. Ayes 4, nays 0. ( *8) REVISED SUBMITTAL TO MET COUNCIL - COMPREHENSIVE PLAN AMENDMENT #3 It was moved by Jabbour, seconded by Mayor Callahan, to accept the revised submittal on the Comprehensive Plan Amendment #3, and direct staff to submit to the Metropolitan Council. Ayes 4, nays 0. • 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 • ( #9) APPEAL OF ADMINISTRATIVE DECISION — MR. & MRS. BARRY O'ROURKE, 2300 SIXTH AVENUE NORTH Mr. and Mrs. O'Rourke were present. Mabusth explained the administrative appeal to the staff policy was Initiated when the O'Rourkes were informed at the time of issuance of the building permit for their residence that the permit for the barn could not be issued until the property contained a principal residence. Mrs. O'Rourke added this is primarily an economic issue and explained the cost of the residence and barn will be greatly reduced If they both can be done together during the winter months. She explained she raises valuable horses and has no intention of leaving them unattended on the property. Moorse stated it was suggested a contract be signed by the owners agreeing to staggering construction. Mabusth noted the Building Inspector feels that would be impossible for the building staff to police the construction of both at the same time. • Hurr stated she does not object since the building permit for the residence has been issued. She said a signed contract should be submitted to the City. Kelley asked if the owners had any intention to move the horses to the property prior to the house being completed. He asked where the horses are currently being boarded. Mrs. O'Rourke said she has no intention of moving the horses prior to the house completion and stated the horses are being boarded outside of Maple Plain. It was moved by Hurr, seconded by Jabbour, to grant the appeal of administrative decision for Mr. and Mrs. Barry O'Rourke, 2300 Sixth Avenue North, subject to an agreeable contract signed by the owners of the property. Ayes 4, nays 0. Hurr suggested the owners pay the additional legal fees Incurred by the City In the reviewing of the contract. MAYOR /COUNCIL REPORT A) Mayor Callahan referred to the request for the Council to adopt a resolution declaring Volunteers for America Week. Moorse noted that will be brought to the next meeting. 4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 25, 1993 MAYOR /COUNCIL REPORT - CONT. B) Hurr inquired about the policy on opening others mail. She asked that her mail be delivered unopened. She felt that citizens should be allowed to contact their representatives privately. C) Kelley questioned the renovation work being done at 3800 Wayzata Boulevard. Mabusth explained a permit was issued to repair the roof, which sustained major damage. She noted the Council will be reviewing, in an upcoming meeting, a proposal for a day care center at the location. D) Jabbour asked if staff reviewed the burning permit policy. Mabusth reported that the policy has been changed. Jabbour felt the Council should consider a fee for such permits to compensate for staff time. E) Mayor Callahan noted that the City receives many invitations to • meetings being held. He suggested they adopt a policy directing Council to take official action as to whether or not someone representing the City should attend. ENGINEER'S REPORT There was no report. CITY ADMINISTRATOR'S REPORT (#10) 1993 APPOINTMENTS - RESOLUTION $3227 Moorse explained the Building and Zoning Administrator has determined the Building Code Board of Appeals is required by Statute. All members have been contacted and expressed a desire to be reappointed. It was moved by Mayor Callahan, seconded by Kelley, to appoint to the Building Code Board of Appeals the persons listed in Resolution #3227. Ayes 4, nays 0. Moorse reported Barb Peterson wishes to fulfill her term on the North Tonka Crime Coalition. No action is required as the term Is In place. • 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 • 1993 APPOINTMENTS - CONT. Mayor Callahan asked that Moorse report on what the Coalition does. Moorse reported MnDot has asked that appointments be made to the Highway 12 Policy Committee to allow that Committee to review the Scoping Document. Mayor Callahan reported he understood the document is at the printers and will be delivered in about 10 days. He understood MnDot would like appointments to all three committees for the purposes of reviewing the Scoping Document. MnDot may require new committees after that review. It was moved by Mayor Callahan, seconded by Jabbour, to appoint those listed in Resolution #3227 to the Citizens Committee, subject to their willingness to serve; to appoint Mayor Callahan as head of the Policy Committee, with Goetten as alternate along with Gerhardson; and to appoint to the Technical Committee, Jabbour and Kelley. Ayes 4, nays 0. Mayor Callahan suggested Moorse make It a policy whenever possible, • to attend all Committee meetings regarding Highway 12. Jabbour asked that the Council be provided with a calendar of upcoming meetings. ( #11) CIGARETTE ORDINANCE REVIEW Moorse referred to Information reviewing past occurrences leading to the current ordinance. Mayor Callahan noted the Police Department recommends maintaining the ordinance as is. Kelley felt this is an example of over regulation by the City. Hurr asked If the City wants to make a statement about smoking, why the Orono Golf Course sells cigarettes. She felt the liquor establishment should be allowed the use of the cigarette machine, but suggested It be moved to allow supervision. She stated she has no problem allowing the use of a cigarette machines in liquor establishments where the legal age is greater than or equal to that required to purchase cigarettes. Jabbour stated the change to the ordinance would only affect one establishment. He did not feel selling cigarettes from behind the counter is that Inconvenient. 6 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 25, 1993 CIGARETTE ORDINANCE REVIEW - CONT. Mayor Callahan directed staff to draft the appropriate ordinance amendment for Council review. He asked that the Police Department express their views on the change at that meeting. (#12) FACILITIES CHANGE ORDERS Moorse reviewed the three change orders, presented in the memo. 1) Mechanical contract - decrease in amount; 2) Hoffer's Inc. which the largest portion is for a new door, to be paid by the masonry contractor as an error was made In the size of the opening; and 3) Jansco Caulking which the first portion is related to moisture getting through to the roof prior to the roof Installation. The Architect and Construction Manager are reviewing to determine which contractor is responsible. The second portion is for the Public Works building, and which was overlooked in the bid process. Jabbour asked about the report on the Architect's reimburseables and the kennel cost. Moorse explained he has a list of approximately 6 items concerning • in which the City is in dispute with the various subcontractors, totalling approximately $20,000, not Including the reimburseables. It was moved by Mayor Callahan, seconded by Kelley, to approve the three change orders as presented. Ayes 4, nays 0. ( #13) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #11 Moorse noted all requests are within the change orders or budget updates. Hurr asked if the construction manager has been paid in full. Moorse noted the last payment has been withheld because of unresolved issues. He noted the architect has volunteered to pay the difference between the reimbursable amount and the overpayment. He suggested not settling for that amount, but rather review the reimburseables and overpayment and determine the amount of refund owed the City. Mayor Callahan asked when the Police Department will move In. Moorse indicated they plan to be in by February 11th. • 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 • CERTIFICATE OF PAYMENT #11 - CONT. It was moved by Mayor Callahan, seconded by Kelley, to approve Certificate of Payment #11 for the City Hall and Public Works Buildings in the amount of $258,911.68, as presented. Ayes 4, nays 0. Moorse referred to the information provided regarding the fuel system project. He noted Pump and Meter has reduced their cancellation cost to only expenses incurred by them. He suggested the Council offer an amount less than what they propose. Jabbour noted he has been in contact with them, and up front, asked them not to hide the cancellation cost in the cost for the above ground tanks as Council desires to be aware of all costs. He reported Pump and Meter has done just that and said the Council should respect them for that. He said Pump and Meter did incur some engineering costs and should be reimbursed for such. Mayor Callahan suggested Moorse try to negotiate a lower amount, but if that is not possible, he did not object to paying the amount requested. He commended Moorse on his efforts to try and save the City money. • It was moved by Mayor Callahan, seconded by Kelley, to authorize staff to pay up to $2,182 for a cancellation fee to Pump and Meter in conjunction with the order for the above ground tanks. Ayes 4, nays 0. ( #14) ESTABLISH DATE FOR 1993 BOARD OF REVIEW It was moved by Hurr, seconded by Mayor Callahan, to establish the 1993 Board of Review for April 29, 1993. Ayes 4, nays 0. ( #15) GROUND WATER PLAN Moorse explained staff has reviewed Hennepin County Board of Commissioners' ground water plan. The following are areas of concern: 1) well head protection - the plan promotes rules and regulations currently enforced by the State of Minnesota; and 2) the plan calls for a County -wide joint powers, leaving Orono as one small voice among many. He added, the plan provides good Information and suggested cities could be better served if the County would provide technical service and information. Kelley suggested the Council write a letter to their Commissioner stating their opposition. He felt this is a clear example of over regulation. 8 • • • • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 GROUND WATER PLAN- CONT. Mayor Callahan directed staff to prepare objections to the plan. It was moved by Mayor Callahan, seconded by Jabbour, directing staff to formally object to the plan in accordance with the schedule. Ayes 4, nays 0. Mayor Callahan felt it would be appropriate to inform the City of Minnetonka of the action being taken and thank them for the update. Kelley noted the ground water problems are not just in Hennepin County, but rather are State -wide. Mayor Callahan stated he would write a letter of objection to the County Commissioner. Gaffron noted the DNR Technical Committee, at its last meeting, was presented with Information on storm water management. Mayor Callahan felt it difficult keeping track of various groups all monitoring the same thing. (1#16) CERTIFICATE OF ACHIEVEMENT IN FINANCIAL REPORTING It was moved by Jabbour, seconded by Mayor Callahan, congratulating Finance Director Tom Kuehn and the financial staff for the City's obtaining the G.F.O.A. Certificate of Achievement for Excellence In Financial Reporting for the 1991 Comprehensive Annual Finance Report; and acknowledges the valuable assistance provided by the audit staff of Malloy, Karnowski, Radosevich and Company. Ayes 4, nays 0. ( *17) EXCESS LIABILITY INSURANCE COVERAGE Moorse explained Excess Liability Insurance allows the City to exceed the State Statutory Iim1t of $600,000 to $2,000,000 for all claims within those limits. Federal or Civil rights case would be outside those limits and therefore do not have any limit set. The Waiver of Liability Limits allows the City to voluntarily waive the Statutory limit of $600,000 for ail claims up to $2,000,000. He explained if there were an accident involving a City employee and several citizens, the $600,000 limit would be divided among all citizens injured unless that limit is waived. Kelley asked the additional cost to waive the limits. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 . EXCESS LIABILITY INSURANCE COVERAGE — CONT. Moorse indicated it would cost the City an additional $8,492 to waive the limits, plus the additional $22,587 for the excess liability insurance. M, Kelley clarified this amount does not include the cost for the insurance up to the $600,000 limit. Kelley asked staff to provide an entire list of insurance policies carried by the City. Mayor Callahan suggested they wait to make a decision until all Information Is provided. He asked that staff review the financial responsibility of the insurance companies that the City uses. Moorse clarified that the Council has adopted a resolution waiving the limits, this Is merely presented for information. Jabbour suggested staff provide the information and Council review for the upcoming year. CITY ATTORNEY'S REPORT • Mayor Callahan suggested they review the claim for reimbursement for 1580 Bohns Point Road. Moorse explained this issue relates to two sewer backups at the property. After the first backup, the City proceeded to repair the Lift Station. However, a temporary pump did not hold and a second backup occurred at the residence. The property owner then installed Items in the house to prevent it from happening again. The Insurance company w I I I not pay the cost of these items. The City Is asked to pay for the additional items Installed at the residence. Jabbour referred to one Council member in the past who had similar problems and Installed items such as Installed at this property, and the Councll at the time choose not to pay any of the additional cost. Hurr felt the homeowner should be reimbursed for the additional cost. It was moved by Hurr, seconded by Mayor Callahan, to authorize staff to reimburse the property owner of 1580 Bohns Point Road for Items Installed at his residence to eliminate future damage from sewer backups. Ayes 4, nays 0. 10 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING . HELD JANUARY 25, 1993 ATTORNEY'S REPORT - CONT. Mayor Callahan referred to the Issue between the Jeromes and the Lindelis, whose properties lie on either side of the fire lane on County Road 51. He referenced their claim of suffering from Illegal activities by snowmobIIers and owners of ice houses using that fire lane. He said the Council must do their best to protect the citizens of Orono in their own homes, and discourage the illegal activity reported. Jabbour noted the issue has come up several times in the past, and it was determined by Bruce Malkerson, City Attorney at the time, that the fire lane could not be vacated. (#18) LICENSES It was moved by Hurr, seconded by Kelley, to approve the licenses, but to deny the cigarette license for Orono Golf Course. Hurr felt a City -owned facility should not sell cigarettes. Moorse indicated the purpose of the current ordinance is to prevent • minors from starting the habit. Gerhardson asked that Council table the license to allow staff time to review the impact. Hurr revised her motion to approve the following licenses, tabling the cigarette license for Orono Golf Course. Kelley seconded the motion. Cigarette Licenses: LeRoy Koehnen, Navarre Amoco Richard Keaveny, Keaveny's Navarre Drug Steven Cori, Navarre Liquor's Inc. James G. Holtz, Jimmie's Inc. Michael J. Mehner, Crystal BAy Service William W. Wear, Orono Shopping Center Richard Bloomquist, Ricks Super Valu On -Sale Non - Intoxicating Malt Liquor: Grant R. Wenkstern, Lake View Golf Course Ayes 4, nays 0. • 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD JANUARY 25, 1993 (#19) BILLS Hurr inquired about the legal retainer included In the bills. Moorse noted this basically is for the attendance at Council meetings. -� Mayor Callahan suggested staff review the legal bills. Kelley asked that Council be provided with Information on City expenditures versus the budgeted amounts. Moorse stated that could be done quarterly. It was moved by Mayor Callahan, seconded by Kelley, to approve payment of the All Funds Account. Ayes 4, nays 0. OTHER Moorse presented the Council with the proposed 1993/1994 Police contract. He noted the 1993 and 1994 wages and Insurance increase amounts will Increase by 2.75% and $20.00 per month respectively In each of the two years. Hurr asked if the Police Department receives the same health • insurance benefits as other City employees, and asked how their wages fit into comparable worth. Moorse indicated the Police Department receives the same amount for health Insurance as all City employees, however unlike other City employees; the Police Department is allowed to use excess dollars toward other types of insurance. He noted the information relating to comparable worth has been presented to the State to be processed, and at this time he has not heard anything. He added the current formula does not allow one to determine compliance without the aid of software and knowledge of such. Jabbour questioned If the Police Department receives a $20.00 increase for health benefits, wouldn't all employees be entitled to such. Moorse stated there are ways to equalize employee benefits without actually Increasing all at the same time. Hurr felt It was unfair to pay people more because of their marital status. She felt this only encourages unionization. Mayor Callahan suggested they deal with this contract separately and later review the equitable factors with regard to all employees. is 12 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1993 OTHER — CONT. It was moved by Hurr, seconded by Mayor Callahan, to accept the 1993/1994 Police contract as presented. Ayes 4, nays 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 10:23 p.m. to Executive Session. Ayes 4, nays 0. ATT4T : Edward J. C I; ahan, r., MlaybT _ Dorothy Hallin, City Clerk • 0 13