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HomeMy WebLinkAbout08-24-1992 Council MinutesI MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Gabriel.. Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook, Chief of Police Stephen Sullivan, and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. ( #1) CONSENT AGENDA Goetten added Item #6 to the.Consent Agenda. Butler added Items #12 and 13. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will b,e included in the minutes in their respective numerical order. ( #2) LEAF STREET RECONSTRUCTION TO MSA.STANDARDS Mayor Peterson noted she had received several calls from residents unable to attend the last public information meeting regarding this - issue. She informed them to attend this meeting to express their views. She opened the public information meeting at 7:03 p.m. Goetten stated that her main concern with the project was saving as many trees as possible. She advised because of the excellent job being done by the contractors, there have been fewer trees lost than anticipated. She stated in light of- the area residents', opposition of widening the road, she agreed with reconstructing the road outside the standards of MSA, but.asked.that the roadway be. brought up to City standards. Butler concurred. Cook noted he would rather not reconstruct the street at a 24' width, as it would be wider than the project specifications. Jabbour said his concern at the last meeting was that the street was diverting from City standards, but since that meeting has been infor ed.that the previous sewer project reconstructed the streets less th an required by City standards. He stated a concern that the Community only pay for the road once, and noted the City may be forced in the near future. to upgrade the road. Mayor Peterson agreed with the majority opinion'. 1 r MINUTES'OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 LEAF STREET — CONT. Cook advised that the section of road being proposed at MSA standards would work well in Orono and would actually minimize the impact on adjacent.property. He felt they would'be seeing more of this design in the future as roads are upgraded. Goetten commended Cook for following the Council's directives so well and for saving as many trees as possible. Moorse asked how far they were on the project, and felt the staff may be giving a premature estimate of the number of trees to be saved during the project. Cook said they started at County Road 84 and Leaf Street, and have gone approximately 400',,moving northward. It was moved by Jabbour, seconded by Mayor Peterson, to remove Leaf Street from the MSA funding list. Ayes 5, nays 0. LMCD REPRESENTATIVE'S COMMENTS JoEllen Hurr was present. She noted the LMCD will be considering at their next meeting, a recommendation to approve the license for North Shore Drive Marina, contingent on the applicant being in compliance with Orono's code requirements. She informed them that the Environment Committee will hold a special training session on October 3,. 1992 at Lord Fletchers, training persons to do monitoring of Lake Minnetonka for water quality. Jabbour volunteered to help with North Arm and Echo Bay. Callahan informed them that the Lake Use Committee will not meet the following Wednesday. Jabbour announced that the Public'Access Task Force has been doing an exceptional job. He felt at the last meeting they took a step backward, but with the help of JoEllen, Scott.Carlson, and the Fishermen's Lobby, a consensus was* formed to return to the original mode of operation. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 PUBLIC COMMENTS Jabbour stated he recently had*a medical emergency at his home at which Officers Anderson and Thomton responded. He felt the quality of life here is much higher because of individuals such as these gent I emen . He noted a week I ater a f i sh i ng boat al most ran over h i s boat while on the Iake. He reported the incident to the Water Patrol and Lt. Cheswick answered with the Water Patrol and apprehended the driver of the fishing boat. He felt Lt. Cheswick went out of his way in this matter. Jabbour thanked Chief Sullivan and his officers. Frank St. Lawrence, 253 Cygnet PI ace, ,noted that the notice of assessment was dated August 7th and received August 10th. He noted the deadline for pay off of the assessment interest free is August 26th. He requested an extension of that-date. Moorse was unsure why the discrepancy regarding the notice. He stated by Statute, the Council must allow a 30 day pay off period. Barrett advised he would research the question of whether the Council has the authority to extend the deadline date outside the State Statute limitations. It was moved by Butler, seconded by Mayor Peterson, to extend the deadline date 30 days for prepayment of the Stubbs Bay Sewer Project assessment; subject to a favorable opinion by the City Attorney. Ayes 5, nays 0. ( * #3 & #4) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the July 27, 1992 regular Council meeting. Ayes 5, nays 0. It was moved by Jabbour, seconded by Goetten, to approve the minutes of the August 10, 1992 regular Council meeting. Ayes 5, nays 0. ( #5) #1730 GREGG MALIK, 3060 SIXTH AVENUE NORTH — FINAL SUBDIVISION - RESOLUTION #3172 Gregg Malik was present. 3 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 ZONING FILE #1730 - CONT. Mabusth explained that the applicant has installed the shared drive, and the Septic Inspector confirmed that the septic system was not destroyed. The septic system is now considered non - conforming as it is 6' from the shared drive, and the applicant has one year in which to bring the system into conformance. The existing drive will continue to serve during the construction period. The City is in receipt of a developer's agreement and acceptable security to cover the restoration of the former driveway. It was moved by Goetten, seconded by Butler, to adopt Resolution #3172 for Application #1730 Gregg Malik,'3060 Sixth Avenue North, approving the final subdivision. Ayes 5, nays 0. ( * #6) #1746 THOMAS & MARGARET LOWE, 2630 WEST LAFAYETTE ROAD - VARIANCE - RESOLUTION #3173 It was moved by-Jabbour; seconded by Goetten, to adopt Resolution #3173 for Application #1746 for Thomas and Margaret Lowe, 2630 West Lafayette Road, for a,var1ance to construct an addition to the existing residence. Ayes 5, nays 0. ( * #7) #1753 SKIP MADGE, 875 FOREST ARMS LANE - VARIANCES - RESOLUTION #3174 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3174 for Application #1753 for. Skip Madge, 875 Forest Arms Lane, approving average lakeshore setback variances. Ayes 5, nays 0. ( #8) SCOTT LARSON, 2112 SUGARWOODS DRIVE - REQUEST DRIVEWAY REALIGNMENT Scott Larson was present. Mabusth explained the first plan submitted was denied because of the driveway realignment, which did' not meet the required standards. A'straight alignment was approved for the driveway when the building permit was issued. Larson reviewed the layout of the property and the topography. He stated with this proposal he has tried to install the entrance at a level closer to the elevation of the garage. Drainage will continue to flow from west to east.. The proposed .realignment disturbs none of the existing vegetation, and extends the character of Sugarwoods development. He noted with the proposed drive, excavating costs and retaining walls will be kept to a minimum. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 2112,SUGARWOODS DRIVE — CONT. Larson felt the dri.ve provides character for the site and additional enhancement for the Sugarwoods project. He advised he Crimson w i l l be pJanting 9 seasonal Green ants a along dthe Spruce a f front. He requested Maple, along with P approval for realignment for the driveway. Jabbour asked, if the lot area coverage calculation includes driveways. Mabusth advised it does and persons building within Sugarwoods are allowed up to 80% coverage within the building envelope area. She stated there is not' a lot coverage problem.on this property. Commison Jabbour felt the presentation changed tfrom has phacedamoregemphassslon to the Council. He noted the app saving existing vegetation, which is important to Orono. Larson stated he d i d not have i ss i'on time they td i d notarhave presentation for the Planning Comm enough time to properly review the issue. Jabbour felt that was.unfair to the Planning Commission. Larson agreed and said the Planning Commission also let him know that. Jabbour sa i d i t wou I d be a s I ap i n the face i f the Counc i I reversed their decision, since .the Planning Commission was in an unfair situation to begin with. Goetten asked if builders are notified of the need for special permission to realign the driveway in.this development. Mabusth indicated the builder is supplied with this information at the time the building permit application i-s submitted and prior to approval. She asked them to refer to Exhibit G, the supplemental sheet provided all builders within Sugarwoods development. Jabbour asked if the realigned drive had been installed? Mabusth noted work on the driveway was started, but the Inspector stopped work on the project. Goetten asked if trees will be destroyed with the straight alignment. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 t 2112 SUGARWOODS DRIVE - CONT. Mabusth noted based on applicant's information that they would lose more trees with the straight alignment. She reported she received. a phone cal I f rom Dav i d Ah.l ers, ne i ghbor to the north ' i n wh i ch he expressed opposition to the proposed drive as his privacy will be affected and that drive w I I have •a- visual impact from his residence because of the alignment between both drives. Callahan noted the builder obviously- was notified of. the requirement but did not understand the severity of the request. He stated this issue is a civil,war between the Planning Commission and developers of this property. Goetten asked if there was some way to alleviate future requests. Mabusth explained the original intent was to save the trees and minimize the impact in the front street setback area. She felt the straight aligned driveway may actually work against the intent of the PRD. She stated she would like ,to see the Planning Commission reconsider the issue. She added the straight aligned drive has presented problems in dealing with the contractors who feel the whole intent of the PRD was to maintain the natural buffer and screen residences from street activities and maintain overall natural setting. Jabbour noted after - the -fact applications rubs everyone the wrong way. It was moved by Jabbour, seconded by Goetten, driveway realignment for Scott Larson of 2112'Suga to note that the _CounciI is in 'agreement with expressed by Planning Commissioner Bellows, but should look at what is best for the site and the nays 0. to approve the rwoods Drive, and the frustration added that they ecology. Ayes 5, Goetten warned Larson to gain approval prior to beginning a project when building in Orono. ( * #9) ORDINANCE AMENDMENT - SECTION 9.21 PUBLIC NUISANCE SECTION 9.23 PARTICIPATION IN NOISY PARTIES ORDINANCE #108, SECOND SERIES It was moved'by Jabbour, seconded by #108, Second Series to reinstate the Section 9.21 and readopt the Noisy 9.23. Ayes 5, nays 0. M Goetten, to adopt Ordinance public nuisance definition as Parties Ordinance as Section MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24', 1992 ( #10) MARINA LICENSE REVIEW — NORTH SHORE DRIVE MARINA LAKESIDE MARINA GAYLE'S MARINA Gaffron explained that the Lake Use Committee has recommended denial of the three marina licenses,. based on specific code violations, which violations can be enforced. Callahan explained the Lake Use Committee based its recommendation on the fact that if the licenses were denied, there may be a problem with enforcement, whereas, if approved, nothing would get done in the near future to improve the situation. He felt that if the marinas were in violation of the code, they should not be granted a license. He added the Committee did not see a point in punishing the marinas in violation, and rather is more involved in updating the code which would deal with enforcement issues. Butler said not only are the marinas violating sections of the zoning code, but by not having a license, they would also violate the licensing code. Callahan felt they should have the City Attorney review the issue to make sure there truly is a violation. Butler suggested that the Lake Use Committee concentrate on updating the ordinance. Callahan stated they had started to do that but marina owners want a response from the City each year as to whether they have a. marina license. Goetten stated Callahan has done much work on the. Lake Use Committee to get these issues going. It was moved by Goetten, seconded by Callahan, to deny. 1992 marina licenses for the following North Shore Drive Marina, Lakeside Marina, and Gayle's Marina. Barrett suggested the Council adopt resolutions officially denying each of these license requests. Goetten amended her motion to direct staff to draft appropriate denial resolutions. Callahan seconded the amendment. Ayes 4, nays 0. Jabbour abstained. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 . r ( * #11) SHORELAND ORDINANCE WAYZATA (PRELIMINARY FLEXIBILITY REQUEST It was moved by Jabbour, seconded by Goetten, to accept the information regarding the preliminary flexibility request from the City of Wayzata. Ayes•5, nays 0. MAYOR /COUNCIL REPORT ' Callahan asked if shoreland ordinance doing so. Gaffron stated once the DNR for review, He added the submitt the City wishes to respond to any of the flexibility requests, how they should go about the final draft has been sent to each City from the City would have 45 days to make comments. al from Wayzata is just a preliminary document. Jabbour asked Gaffron if he was attending the Technical Committee meetings. Gaffron stated he has attended the meetings regularly. Jabbour understood several Communities have hired a consultant to draft the ordinance, which he thought the Technical Committee was to do. Gaffron noted that some consu I tants have drafted documents that the DNR won't accept. He said the Technical Committee meetings have become more a work shop session to - review each city's proposed ordinance. He stated that while we thought the original intent of the Committee was to provide a single ordinance for all 14 lake Communities, that quite apparently is not going to happen. ENGINEER'S REPORT ( * #12) CHANGE ORDER #1 STUBBS BAY LIFT STATION It was moved by Jabbour, seconded by Goetten, to authorize Change Order No. 1 for the Stubbs Bay Sanitary Sewer project improvements. Ayes 5, nays 0. ( * #13) REQUEST FOR PAYMENT #1 - STUBBS BAY SANITARY SEWER PROJECT It was.moved by Jabbour, seconded by Goetten, to authorize Payment No. 1 for the Stubbs Bay sanitary sewer project, to Progressive Contractors, Inc., in the amount.of•$116,255.77. Ayes 5, nays 0.• FP MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 ( #14) BID AWARD FUEL STORAGE Moorse explained that discussions with vendors has lead to their recommendation of fiberglass below ground tanks. He noted the cost difference is $4,300. Jabbour stated the fiberglass tanks will only cost $1,000 more. He explained the original request was for an estimate on steel and fiberglass tanks below ground. At that time, the fiberglass tanks were bid at double the price of the steel tanks, but that bid was based on retail figures. He said he advocated the -above ground tanks as the fiberglass tanks were prohibitive in cost. He recently met with Gerhardson and the contractors. He stated .the.Council's main concern was the .impact of the tanks on the environment. The contractor at that meeting recommended .fiberglass below ground tanks with safety precautions., Jabbour asked why the safety precautions.were not included in the original bid, and he was told that the b -id was based on minimum standards in order to secure the bid. He added the additional difference in cost is for the brine solution and other safety features, which should be purchased for either type of tank. He noted that all Target stores and the U.S. Postal Service have removed their underground tanks. It was moved by Jabbour, seconded by Mayor Peterson, to award the fuel distribution system bid to Pump and Meter Company, for an amount not to exceed $72,209.00, to include two fiberglass tanks with brine solution and other safety features. Ayes 5, nays 0. ( #15) APPLICATION OF CERTIFICATE OF PAYMENT #6 Jabbour stated that Boarman has told him that if the City keeps requesting revisions, they will be charged for those revisions. Goetten asked about the $79,000 listed as a change order. Jabbour explained that it was for soil corrections done at the beginning of the project. Goetten asked about the status of the contingency fund. Moorse said he would brief the Counci.l after the meeting with the contractors the following day. Jabbour asked that all information pertaining to the project also be sent to Charlie Kelley. i 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24,-1992 I APPLICATION OF CERTIFICATE OF.PAYMENT #6 - CONT.' It was moved by Butler, seconded by Goetten, to. approve the Application and Certificate of Payment No. 6 for the City Hall and the Public Works building, as follows: Kraus- Anderson Construction Co. $21,340.15 Steenberg- Watrud Construction Co. 83,799.00 Gephart Electric 22,529.30 Kremer & Davis 1,341.00 Gresser Concrete /Masonry 19,799.10 Allied Mechanical 24,245.00 Steininger Construction 40,434.20 Ayes 5, nays 0. ( #16) COMBINED CHANGE ORDER FOR CITY FACILITIES TO REFLECT CURRENT BUDGET STATUS Moorse explained they did not receive the. information regarding this issue. ( #17) SELECTION OF COUNCILMEMBER(S) TO SERVE ON LONG LAKE FIRE CONTRACT WORK GROUP Moorse explained that at the last meeting, it was suggested during the fire contract reviewal process, the City Council be represented at the - work sessions. He stated this would not be an advisory committee, but merely a work group to review the details of the contract. Callahan felt the negotiations are an administrative matter and the City Administrator and Police . Chief should - continue the negotiations. He added he appreciated the invitation to the work sessions. He suggested the negotiators be instructed to negotiate on the following bases: a) they accept the offer made by Long Lake contingent upon Long Lake contributing $28,000 to the capital budget, and b) that the Committee be informed as to the relative positions of Orono and running the department, i.e. 80% of the fires and the funding is contributed by Orono. He felt that fact should be recognized. Jabbour' reiterated that the Council is appreciative of the invitation, but explained that Orono traditionally has left administrative issues to staff. Callahan felt the invitation would allow them to find out how the department actually functions, but added most of their questions were more technical. 10 MINUTES OF THE REGULAR ORONO COUNCIL.MEETING HELD AUGUST 24, 1992 t LONG LAKE FIRE CONTRACT WORK GROUP — CONT. ty Butler reiterated, the last commen�hlsa offer can be withdrawn Attorney at the last meeting was, any time". She said she has s lot of confidence sta ff nt me in fore i s tessuend was not willing to volunteer Cal Iahan noted the contract needs to besenvlold d t in 30 days, of felt there would not be much staff time a timeframe. He Jabbour. advised they should have the an answer police department wands.f i re expressed concern over linking department service areas together. Goetten felt this issue is l i nkedresoaveuchf largler two cs is,. and the f i re department i ssue needs to be else. She felt they owe to work together in the future on anything it to the residents to work through the contract with Long Lake, but felt it important to document all meetings and decisions. She stated she would be happy to help with the process and felt it may. be very informative. Mayor Peterson fe It that the tendency is to combine issues and felt that should not happen with this issue. Jabbour asked that he get a summary of the I ast 5 years of - the capital expenditure fund. Fire Chief, noted there is money in the fund Rick Perry, Long Lake for new equipment. After 1992, the fund will contain $39,000. He explained that the firemen used.to invest the money themselves, but as of the end of 1991, the City of Long Lake took over control of the funds in that account. f Oron is not Jabbour explained they are concern es f aall hcapiltaloexpenditures. recognized that they are 80% owner Per noted it doesn't matter who owns the equipment as it will be traded in for 'new equipment when needed. Jab bour' explained that Orono has a very high bond rating, opposed to that of Long Lake. He was concerned that major purchases would be procured with Long Lake's bonding rate. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 t LONG LAKE FIRE DEPARTMENT WORK GROUP — CONT. Callahan noted in the minutes of the July Fire Department meetings, the Mayor of Long Lake discussed a major purchase in 1993, the result of which would be that the department would not be able to make other purchases for a number of years. Perry did not remember what. that involved,• but did not feel that was feasible. Jabbour said that Perry is doing a great job and added his responsibility is to fight fires. It was moved by Callahan, seconded by Jabbour, to continue to appoint as negotiators, the City Administrator and whomever he selects to work with him in dealing with the Long Lake Fire Department contract, and that the City.Administrator be instructed to negotiate along the lines that the City will pay $76,000 for the full service of the Long Lake Fire Department, contingent upon Long Lake contributing $28,000 to the capital budget for machinery, and that a joint committee be established to review the fire chief and assistant fire chief's contracts, and to direct the committee to attempt to obtain for Orono the position that its contribution to the whole process deserves, and to report the resul'ts of the negotiation at.the September 14th meeting. Ayes 5, nays 0. ( #18) ESTABLISH A WORK SESSION TO DISCUSS LONG LAKE FIRE SERVICE PROPOSAL No action required. ( #19) ASSESSMENT DEFERRAL INCOME ADJUSTMENT — RESOLUTION #3175 Moorse explained that this is an updating of income limits for the City's special assessment deferral program. In the past, the rate has been set the same as HUD's lowest limit. That number has not been updated for a number of years. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3175 amending the program for deferment of special assessments for persons 65 years of age or older. Ayes 5', nays 0. ( * #20) CAROLE HASEMAN PERFORMANCE REVIEW & SALARY ADJUSTMENT It was moved by Jabbour, seconded by Goetten, to authorize a wage adjustment for Carole Haseman from Level 4, Step I ($10.492 per hour) to Level 4, Step II ($11.109 per hour) effective September 9, 1992. Ayes 5,, nays 0. 12 } Y � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 24, 1992 ( * #21) TEMPORARY EMPLOYMENT GOLF COURSE It was moved by 'Jabbour, seconded by Goetten, to authorize the employment of Thomas Kampmeyer as a temporary counter helper at the Golf Course at an hourly rate-of $5.00 effective August 25, 1992. Ayes 5, nays 0. ( * #22) RESIGNATION-STEPHEN JOHNSTON - PARK COMMISSION MEMBER It was moved by.-Jabbour, seconded by Goetten, to accept Stephen Johnston's resignation and to draft a letter of appreciation. for Council's signature, and to place an ad in the local newspaper to advertise the opening. Ayes.5, nays 0. It was moved by Jabbour, seconded by Mayor Peterson, to schedule a Truth in Taxation Hearing for December 1, 1992 and a secondary meeting for December 9, 1992. Ayes 5, nays 0. ( * #23) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Gear West Duathon 5k run - 30k bike - 4k run September 27, 1992 from 7:00 to 10:30 a.m. Ayes 5, nays 0. ( * #24) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds - Account. Ayes 5, nays 0. ADJOURNMENT It was moved by Butler, seconded by Callahan, to adjourn the regular Orono City Council meeting at 8:52 p.m. to Executive Session. Ayes 5, nays 0. ATTEBT : MAN Barbara - • Mayor 13