HomeMy WebLinkAbout03-22-1993 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
is
ROLL
The Council met on the above date with the following members
present: Mayor Callahan, Counciimembers Charles Kelley, J. Diann
Goetten, and Gabriel Jabbour. JoEllen Hurr was absent. The
following represented the City staff: City Administrator Ron
Moorse, Public Works Director John Gerhardson, Building & Zoning
Administrator Jeanne Mabusth, Police Chief Stephen Sullivan, City
Engineer Glenn Cook, City Attorney Kevin Staunton, and Recorder
Teri Naab. Mayor Callahan called the meeting to order at 7:30 P.M.
CDBG FUNDING YEAR XIX — PUBLIC HEARING 7:30 — 7:45 P.M.
The Affidavit of Publication was noted.
Moorse noted this is a required hearing as part of the
administration of the Block Grant. The amount of grant money
available this year is $20,867. He noted in the past, Council has
provided a portion to several social service agencies and the
remainder has generally been allocated
rehabilitation program. This year the social
Westonka Intervention, Interfaith Outreach,
remainder of the money to be allocated tow
moderate income households in connecting to
system.
toward the housing
service agencies are
and Wecan, and the
and assisting low to
the Stubbs Bay sewer
Dan Hessberg, Westonka Intervention Program, thanked the Council
for past support. He reported since 1984 the agency has assisted
941 victims of domestic abuse in the western suburbs; 91 victims
In 1992 of which 15% were from Orono. He noted there are not more
victims from the Orono area as the Orono Police Department has not
made it a policy to contact their agency.
Goetten asked that to be clarified.
Hessberg explained the agency was started In 1983, at which time
the Mound Police Department made it a part of their procedure when
dealing with domestic abuse cases to contact the agency. Orono to
date has not. He noted by law, the Police Department must affiliate
themselves with some service dealing with domestic abuse.
Goetten felt it Is important to recognize the importance of this
agency and stress the need for the Orono Police Department to
Implement its use in their procedure.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING •
HELD MARCH 22, 1993
CDBG FUNDING - CONT.
Kiki Sonnen and LaDean McWilliams, Wecan, thanked the Council for
past support. She said in the past year they have served 43
households in Orono, 6 of which were through the emergency program;
over 700 took part in the hot meals program; 12 participated in the
food nutrition program; 1 received budget counseling; 2 received
family and individual counseling; and 16 received public assistance
in the application process.
McWilliams clarified that it is the western one -half of Orono being
served by this organization.
Kelley asked the total budget of the agency and how they acquire
their funding.
Sonnen reported their annual budget is approximately $138,000, and
they receive funding from CDBG funds from 9 cities, private
foundation grants, churches and individuals.
Jabbour asked why they have not requested more funding.
Sonnen explained one year they did request additional funding for
a housing grant program, but the request this year will be used for
operating expenses.
Hessberg replied that last year they did request additional funding
as 90% of their support comes from CDBG funds. He reported as the
need for their service grows, so will the need for funding. He
explained they need a full -time director and a shelter in the area
as it has been impossible to place victims in the two shelters
available in other locations.
Gerhardson noted there Is a limitation on the amount to be given
to public service organizations.
Goetten spoke on behalf of Interfaith Outreach. She explained they
are looking for additional funding to relocate existing houses in
Wayzata to be used for lower income families.
Mayor Callahan referred to a newspaper article in which two other
cities noted one must first be in compliance with the requirements
of the ADA. He asked Orono's status of such.
•
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
CDBG FUNDING - CONT.
Moorse explained with regard to access requirements, Orono is in
complete compliance, and he assumed they comply with current
requirements of ADA, but noted those requirements are continually
changing. He said he would be attending a work session on such on
March 30th.
Kelley asked the criteria for use of the funds for sewer
connection. He asked the expected amount needed for each household,
and suggested any additional money be allocated to the social
services.
Mayor Callahan noted the County will select and qualify any
requests, and administer the funds.
Moorse stated income guidelines are generally followed, and the
Council may wish to consider a first -come basis as there is a large
number of households in the area that are expected to meet the
guidelines.
• Gerhardson noted the City will be required to pay the County to
administer such program on a per application basis. The County has
not yet determined that fee. He noted the City has 1 1/2 years to
use the funds.
Kelley asked if there was any money remaining from previous years.
Gerhardson noted the rehabilitation program is an on -going basis.
In order to reallocate funding, the Council would need to hold
another public hearing.
It was moved by Jabbour, seconded by Kelley, to adopt the
resolution allocating $1,500 to each of the three service agencies
noted above, and the remainder of the grant to be used by the
Stubbs Bay residents for sewer connection costs, to be established
on a first -come basis, and the amount not to exceed $1,500 per
household.
Gerhardson questioned their ability to restrict the amount.
Moorse reiterated the funds would only be used for sewer connection
costs, and said the Council could allocate the amount with the
specifics decided upon at a future date.
3
Jabbour amended his motion, Kelley
seconded,
to
remove
the
•
restriction on the amount awarded each
household.
Ayes
4, nays
0.
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.A.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
( #1) CONSENT AGENDA
Mayor Callahan added Items #9, 11, 12, 13, and 14.
It was moved by Goetten, 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.
( #2) INTERVIEW - WEST HENNEPIN HUMAN SERVICES PLANNING BOARD
Shirley Laue, 594 Park Lane, stated she has worked at ICA and since
that time has realized an obligation to help those less fortunate.
Mayor Callahan asked if she was familiar with other Board members,
and if she has attended any of their meetings. He asked how she
found out about the vacancy.
Laue said she knows several of the Board members but has not
attended any of their meetings. She said she was made aware of the
vacancy through the newspaper. •
Goetten noted her background indicates she is qualified for the
position.
Mayor Callahan noted the importance of the Board and expressed
appreciation for her application.
It was moved by Mayor Callahan, seconded by Kelley, to appoint
Shirley Laue to the West Hennepin Human Services Planning Board.
Ayes 4, nays 0.
Goetten asked that she keep the Council informed of the Board's
activities.
(#3) INTERVIEWM - PARK COMMISSION APPLICANTS
Jim White, 3516 Ivy Place, reported he has served on the Hennepin
County Parks until 1992. He explained when he Joined the Commission
it was in turmoil over the regional park acquisition. At that time,
he felt it was not illegal to take the property, but noted the
necessity for a better process. He noted throughout his service on
that Commission he served on the Park and Planning Committee and
the Budget Committee. He spent a large amount of time working on
trail systems, including the Baker Park /Luce Line connection. He
said he has worked extensively on commercial development in the
Minneapolis area. He stated he does not know Orono's Park •
Dedication well, but understands the concept.
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. MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
INTERVIEWS - CONT.
Kelley asked if he has any children.
White said he has four, ages 15, 13, 7 and 4.
Kelley asked what his other goals would be for the Commission.
White indicated a desire to maintain a portion of Big Island as a
wildlife preserve, and the Dakota Rail as a future trail system.
Mayor Callahan thanked him for his interest.
Peter Welles, 2285 Abingdon Way, said he has been a resident of the
Community for four years, and has two young boys. He first became
involved with the Park Commission through the establishment of the
cross country ski trails through the golf course.
Jabbour inquired his views on parks and their use with regard to
the Comprehensive Plan.
is Welles stated he feels the parks could better be exploited to be
used by more of the citizens. He felt this view may be in contrast
with Orono's philosophy.
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Jabbour asked if he felt there were enough neighborhood parks.
Welles felt in the higher density areas the park issue has been
addressed, and felt that the current Park Dedication ordinance
would provide for any necessary future park and open space.
Mayor Callahan thanked him for his interest.
(#4) INTERVIEW - PLANNING COMMISSION APPLICANTS
Moorse announced that John Dalbec has withdrawn his application.
Earl Dorn, 4045 Watertown Road, explained he has lived in the
Community 23 years and is currently semi- retired and now has time
to serve on the Commission. He indicated he had been on the
Planning Commission for a brief time in the 1970s when Oberhauser
was Mayor. His past experiences include appraising, brokerage and
building.
Jabbour asked how he felt about the development philosophy of
Orono.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING •
HELD MARCH 22, 1993
INTERVIEWS - CONT.
Dorn stated he presumed that philosophy has not changed. He stated
he feels property owners have a right to develop their property in
a manner meeting all regulations, and not infringing on the rights
of others.
Jabbour clarified Oberhauser was Mayor in the 1960s.
Dorn disagreed, and noted it was the 1970s.
Goetten asked is he was aware of the City's position on the Highway
12 corridor.
Dorn stated he does not know enough facts to make an opinion on
their position, but added he did submit a sketch of how the highway
could be widened in its current corridor. He indicated he has
appraised most of the freeways around the City, and has worked with
planning departments in many other communities, and has testified
as an expert witness.
Mayor Callahan noted there will be a delay in appointing someone •
as they have a number of applicants to interview, and thanked him
for his interest.
Jim Hanson, 930 Cox Farm Road, stated he has enjoyed his past work
on the Commission, feels he is reasonably qualified, and would I i ke
to resume activities with the Commission.
Mayor Callahan asked him to comment on the Council and Planning
Commission operation.
Hanson stated he has only followed the performance peripherally.
Kelley asked if there is one issue that he would like to get
involved with.
Hanson reported that would be private versus public roads.
Mayor Callahan explained the status of the position and thanked him
for his interest.
Hanson stated he felt his talents and past experience would be an
asset to the Commission, and is interested in volunteering for this
Commission.
•
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
INTERVIEWS - CONT.
Janice Berg, 2655 Lvdiard Avenue, stated she has lived In Orono 14
years. She explained in the past she has worked with the City of
Richfield in their planning department. She indicated she has read
the Comprehensive Plan and is aware of the City's philosophy.
Mayor Callahan asked if she has attended any recent meetings of the
Planning Commission.
Berg stated she has not.
Kelley asked her number one concern.
Berg stated that would be growth of the City, and the Highway 12
issue. She said she would like to see the character of Orono
maintained.
Jabbour questioned her philosophy on development of the northern
portion of the City since she lives in a dense area.
• Berg noted she likes the larger parcels and feels they need to be
addressed at their own level.
Mayor Callahan asked how she became interested in the vacancy.
Berg stated people had suggested she apply, but noted the decision
was her own. She stated she now has the time available. She pointed
out her involvement with the Builders Association and Interfaith
Outreach.
Mayor Callahan thanked her for her interest and explained the time
frame for appointment.
( * #5) APPROVAL OF MINUTES
It was moved by Goetten, seconded by Mayor Callahan, to approve the
minutes of the regular meeting of the Council held on March 8,
1993. Ayes 4 nays 0.
PARK COMMISSION COMMENTS
No report.
PLANNING COMMISSION COMMENTS
• No report.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING .
HELD MARCH 22, 1993
PUBLIC COMMENTS
There were no comments.
ZONING ADMINISTRATOR'S REPORT
(*#6) #1792 DONALD GRONBERG,
110 LEAF STREET - VARIANCES
RESOLUTION #3252
It was moved by Goetten, seconded by Mayor Callahan, to adopt
Resolution #3252 for Application #1792 Donald Gronberg, 110 Leaf
Street, granting a lot area variance; side and Lakeshore setback
variances; and a hardcover variance to allow the construction of
a single family residence. Ayes 4, nays 0.
( #7) 01795 LUANN WALTERS,
3800 WAYZATA BLVD - CONDITIONAL USE PERMIT
LuAnn Walters and Cliff Otten were present.
Mabusth explained the application has been amended to include 17
parking stalls and a second play area located in the higher
elevation to the east, and Colorado spruce trees are now shown •
adjacent to the privacy fence along the Highway 12 right -of -way
line.
Walters explained she has had 10 years of experience in this
business and is aware of the licensing restrictions. She felt they
have done their best to accommodate the City's requests, and have
met or exceeded those requirements in comparison to other daycares
along Highway 12. She hoped they would not experience any further
delays.
Cook explained the approach entering the day care facility has been
widened to 36' and has been moved further away from the
intersection. He recommends a bumper curb around the parking area
along the west lot line and adjacent to the day care structure.
Mabusth reported the Highway Department has reviewed the speeds of
the curve areas on County Road 6 and has decided to reduce the
speed for the most eastern curve from 50 MPH to 45 MPH. She
reported there is a 20 MPH currently established for the curve
approaching the signal light. The County did not address the safety
concerns included in her letter, so staff did their own review on
acc i dents i n the area, and have found no s L gn i f i cant pattern L n the
time or month of the year.
Valerie Thies, an Orono resident, stated she is excited about the •
day care and looks forward to using it in the fall.
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
ZONING FILE $1795 - CONT.
Kelley asked if the spruce would be replaced if they could not
withstand the elements of the area.
Otten stated they may have to change the type of planting. He said
they originally proposed a chain link fence around the play area,
but that has been changed to a privacy fence screened by the
spruce.
Goetten stated she is in favor of the application, but was still
concerned about safety issues. She asked if it would be possible
to move the play area along Highway 12 further back on the
property.
Mabusth stated the play area is 27' from the traveled portion of
the road.
Otten noted they felt it necessary to attach the play area to the
building, and noted the extreme elevation changes further back on
• the lot.
Goetten noted the other day care facilities along Highway 12 are
setback further from the traveled road.
Kelley stated he is in favor of the application, but asked that an
exit be provided for the children in the play area in the event of
an emergency.
Walters noted the children will never be left unattended in the
play area. She requested the Council consider approving the maximum
allowed as the State will regulate the necessary requirements.
Jabbour suggested the applicant provide an additional barrier along
the road adjacent to the play area.
Otten asked that staff ask the State to provide a guardrail.
Mabusth reported that a representative of the County suggested
fencing along the parking area adjacent to Highway 12 and County
Road 6 for safety reasons.
Jabbour noted this use is permitted with conditional use approval.
He said they have to do something with the property, and as long
as the concerns of the Counc I I are met, he was In favor of the
application.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING •
HELD MARCH 22, 1993
ZONING FILE #1795 - CONT.
Mabusth reported staff's recommendation was set forth in the
resolution presented at the meeting of Council's first review. She
said if the original conditions are incorporated In the approval
resolution, she felt Council could approve the maximum number of
student /teacher ratio.
It was moved by Mayor Callahan, seconded by Goetten, to approve
Application #1795 for LuAnn Walters, 3800 Wayzata Blvd, approving.
a conditional use permit for a day care use, subject to conditions
indicating appropriate steps to allow a maximum teacher /student
ratio. Ayes 4, nays 0.
Mayor Callahan expressed his appreciation for all the work the
applicant has done and asked about the opening of the facility.
Walters stated she must now go through a 60 to 90 day process with
State licensing.
( * #8) #1802 ORONO INDEPENDENT SCHOOL DISTRICT #278,
770 OLD CRYSTAL BAY ROAD - •
CONDITIONAL USE PERMIT - RESOLUTION #3244
It was moved by Goetten, seconded by Mayor Callahan, to adopt
Resolution #3244 for Application #1802 Orono Independent School
District #278, 770 Old Crystal Bay Road, approving a conditional
use permit allowing the expansion of the existing day care use.
Ayes 4, nays 0.
MAYOR /COUNCIL REPORT
A) Mayor Callahan thanked Rick Perry, Long Lake Fire Chief, for
attending the meeting and submitting the report.
Kelley reported he has requested information from Long Lake
regarding the Fire Department, not to monitor but rather to better
understand the process. He stated after his review he would like
to discuss the situation with Perry and the Council.
Perry stated they are currently working on the 1994 budget.
B) Mayor Callahan congratulated the Orono Hockey Team on their
success and directed Moorse to send a letter formally doing so.
•
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
MAYOR /COUNCIL REPORT - CONT.
C) Mayor Callahan referred to a letter from Chief Sullivan which
refers to several letters received by the Department congratulating
Officers English, Fischenich and Erickson on their fine
performance. Mayor Callahan noted Sullivan stated he is proud of
the officers, and he noted the Council is also proud of them. He
suggested the letters be appended to the official minutes of the
meeting.
Mayor Callahan recessed the meeting from 8:27 to 8:35 p.m.
D) Jabbour thanked Moorse for the status report. He suggested they
assign a time to reconvene the HRA.
Mayor Callahan suggested just prior to or at the beginning of the
next meeting.
Jabbour asked that the status of the Crystal Bay site be included
in the report.
•
Kelley indicated the I i st is very helpful, and asked that it be
submitted every two weeks to the Council. He asked that target
completion dates be included.
Mayor Callahan noted the Council generally has met on a quarterly
basis to review items on this list.
ENGINEER'S REPORT
( * #9) PAY REQUEST #5 - HIGHWAY 12 ELEVATED WATER TANK
It was moved by Goetten, seconded by Mayor Callahan, to authorize
Pay Request #5 for the Highway 12 elevated water tank to PDM, Inc.
in the amount of $32,262.00. Ayes 4, nays 0.
( 010) WILLOW DRIVE IMPROVEMENT
Mayor Callahan questioned If they should proceed with the
improvement to Willow Drive.
Kelley concurred.
Mayor Callahan suggested they continue discussion at a work
session.
• Goetten agreed, and noted this change due to other considerations.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING .
HELD MARCH 22, 1993
WILLOW DRIVE IMPROVEMENT - CONT.
It was moved by Mayor Callahan, seconded by Goetten, to table the
issue of Willow Drive improvement indefinitely, and to be discussed
at a future work session. Ayes 4, nays 0.
CITY ADMINISTRATOR'S REPORT
( * #11) 1993 INSURANCE
It was moved by Goetten, seconded by Mayor Callahan, to award the
insurances effective January 1, 1993 as follows: to the League of
Minnesota Cities Insurance Trust for excess liability $31,079, for
the petrofund reimbursement $2,610 and for the multi -peril package
$72,810; to Western National Insurance Group for boiler and
machinery $429; to the st. Paul fire and Marine Insurance Co. for
small computers $500; and to the United Fire and Casualty for
surety bonds $1,198. Ayes 4, nays 0.
( * #12) CDBG YEAR XIX FUNDING - RESOLUTION #3253
It was moved by Goetten, seconded by Mayor Callahan, to adopt •
Resolution #3253 approving projected use of funds for 1993 (Year
XIX) of the Urban Hennepin County Community Block Grant Program.
Ayes 4, nays 0.
( * #13) SANITARY SEWER EASEMENT AUTHORIZATION
It was moved by Goetten, seconded by Mayor Callahan, to approve the
authorizing letter to the Commissioner of Minnesota Department of
Natural Resources. Ayes 4, nays 0.
( * #14) TEMPORARY EMPLOYMENT AT GOLF COURSE
It was moved by Goetten, seconded by Mayor Callahan, to authorize
the temporary employment for counter helpers and groundskeeper
helpers at the Orono Golf Course as Iisted in the memo dated
3/15/93. Ayes 4, nays 0.
OTHER ISSUES
A) Mayor Callahan established a work session to discuss Highway 12
for Tuesday, March 30, 1993 at 7:45 a.m. He suggested a
representative from Strgar be invited along with a representative
of the citizen groups.
•
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
OTHER ISSUES - CONT.
Moorse indicated at the next Policy Meeting, cities will be asked
to express their concerns regarding the economic impact of the
Highway 12. He asked Council to consider their concerns.
B) Mayor Callahan asked all Council members to attend the County
Commissioners' meeting to be held at Orono City Hall on March 30th,
and asked them to consider specific matters that may be discussed
at that meeting.
C) Moorse noted that the Council may wish to change the open house
date to ensure landscaping on the property will be complete.
June 20, 1993 was established as the tentative date for the Open
House.
Mayor Callahan noted that the Police Officers have requested that
they be allowed to dedicate their building to Mr. Burmaster.
• It was moved by Mayor Callahan, seconded by Goetten, to honor the
request of the Police Officers to dedicate the Police Department
building to Mr. Burmaster, and to authorize them to attach a plaque
noting such dedication. Ayes 4, nays 0.
Mayor Callahan questioned the need for souvenirs.
Jabbour felt that would be tacky.
Goetten felt that would be a waste of money and suggested they give
the money to a social service agency.
Kelley suggested a tree be planted during the Open House ceremony.
D) Moorse reported on pending legislation regarding special levy
for funding the LMCD.
Mayor Callahan noted in addition to that bill, there was a bill
introduced in the Senate to increase the control of the
Metropolitan Council over the cities, by device of controlling
their Comprehensive Plans and zoning boards. The bill fell by the
wayside and is not currently before the Legislature. However, Mr.
Orfield has authored a bill related to housing, which again relates
to putting pressure upon cities from the Metropolitan Council. He
referred to the bill regarding the special levy for the LMCD. He
understood the LMCD's taxing authority includes levy Iimits. During
• the submittal of their Comprehensive Plan, there was discussion to
go before Legislature to have the limits lifted.
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MINUTES OF A REGULAR ORONO COUNCIL MEETING •
HELD MARCH 22, 1993
OTHER ISSUES - CONT.
The actual language of the enabling act is considerably different,
as it does have a levy limit. The bill provides for the LMCD to
submit a budget to the cities, and the cities owe the money
requested. However, there is not a penalty for non - payment. It
appears possible that there is more Statutory Legislation, or
possibly a court case, or an agreement with the LMCD which has in
practice limited the amount they think they can levy, and which
they follow in allocating between cities. The enabling statute has
limits in it.
Mayor Callahan noted the Orfield bill may meet with opposition from
the inner ring suburbs, and suggested they continue to monitor the
situation.
Moorse noted he has sent a letter to representatives expressing
Orono's disfavor of the Orfield bill.
Mayor Callahan suggested there may be psychological reasons why
they may want the levy limits left in the bill. •
Jabbour said the levy limit on the LMCD does not affect Orono, but
he felt it may be better not to remove the mental block.
Kelley stated he would like to see the limit remain in place.
Mayor Callahan suggested they adopt a resolution asking that the
bill be tabled to allow time to consider the ramifications.
It was moved by Jabbour, seconded by Mayor Callahan, to adopt
Resolution #3254 expressing Orono's strong opposition to the
passage of the bill setting special levy limit for the LMCD, and
suggest it be further studied. Ayes 4, nays 0.
Jabbour asked that an appreciation letter be sent to Tom Workman
for informing the Council of this issue.
E) Moorse inquired as to Council's direction on the Lasher Landing.
Goetten noted the discrepancy between the reported use.
Mayor Callahan stated both are right as it is rarely used in the
summer, but heavily used during the winter months by snowmobilers
and owners of ice houses.
Goetten suggested the installation of a gate to limit the use. •
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
OTHER ISSUES - CONT.
Jabbour felt both ends would have to be blocked.
Mayor Callahan suggested they try to control the use, not to
abolish it, by the installation of gates, entrance through the
gates to be controlled by the City staff.
F) Moorse reported that the Minnetonka Center for the Arts has been
established as a polling place in lieu of the former City Council
Chambers.
G) Moorse reported staff Is in the process of applying for a
matching grant from the MWCC for an Infiltration and Inflow
Program.
Jabbour stated Tonka Bay is very concerned about the additional
fees charged to the cities.
• H) Moorse explained they have tentatively settled with the Police
Lieutenants for the 1993 contract, which contract is the same as
for the union Police Officers.
It was moved by Mayor Callahan, seconded by Jabbour, to authorize
staff to proceed with the 1993 Police Lieutenant contract as
negotiated. Ayes 4, nays 0.
Kelley and Goetten asked that all items requiring action be
submitted to the Council and placed on the agenda.
I) Moorse reported the resolution establishing weight restrictions
allows for an exemption for garbage haulers. Utility companies have
expressed a need for exemption also for emergency purposes.
Kelley asked If they should also exempt the Fire Department.
Gerhardson noted the Fire Department Is responding to an emergency
and the City has the right to authorize that exemption for the
safety, health and welfare of the citizens. The Police Department
would not know if a utility company was out for an emergency as
they.would if there were a fire.
Mayor Callahan suggested staff draft the appropriate resolution and
present to Council.
•
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i
MINUTES OF THE REGULAR ORONO COUNCIL MEETING •
HELD MARCH 22, 1993
CITY ATTORNEY'S REPORT
Staunton explained as part of the deal to purchase the City land,
the seller was required to place $75,000 in escrow to cover any
lawsuit involving the property ownership rights. A lawsuit was
filed contesting the sellers right to sell to the City, the
District Court ruled against the other party and the Court of
Appeals affirmed that ruling. Since that time all appeal time has
lapsed, and therefore the litigation for which the escrow was
established has come to a conclusion. He reported it is his
recommendation to authorize the release of the escrow account. This
release does not affect any of the normal warranties. The City also
has title insurance. Mayor Callahan has requested a summary opinion
Indicating their opinion.
Mayor Callahan reiterated that they won the lawsuit, and are asked
to release the escrow amount to the seller.
It was moved by Jabbour, seconded by Goetten, to release the escrow
account of $75,000 to the former owner of the property. Ayes 4,
nays 0. •
Mayor Callahan reiterated that the City Attorney should supply the
City a summary opinion.
( * 015) LICENSES
It was moved by Goetten, seconded by Mayor Callahan, to approve the
following licenses:
Septic System Installers:
Jerry Johnson Excavating
Sullivan's Utility Services, Inc.
Volkenant Inc.
Ayes 4, nays 0.
( *#16) BILLS
It was moved by Goetten, seconded by Mayor Callahan, to approve
payment of the All Funds Account. Ayes 4, nays 0.
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. MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 22, 1993
ADJOURNMENT
It was moved by Goetten, seconded by Jabbour, to adjourn the
regular Orono City Council meeting at 10:27 p.m.
ATTRST:
othy M. Hallin, City Clerk
is
•
Edward J. Caltah'an, Jr., May6r
`RA