HomeMy WebLinkAbout09-28-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 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, Public
Works Director John Gerhardson, Assistant Planning and Zoning
Administrator Michael Gaffron, Chief of Police Stephen Sullivan,
City Attorney Thomas Barrett, City Engineer Glenn Cook and City
Recorder Teri Naab. Mayor Peterson called the meeting to order at
7:00 P.M.
( #1) LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION 1993 BUDGET
Jim Daniels and Tim Pattrin were present.
Pattrin explained he was on the budget planning committee and that
committee has submitted the 1993 budget proposal. To date, 8 of 10
communities that have reviewed the proposal have approved it.
Butler questioned the budget amounts for conferences and postage.
Daniels explained that the 1992 and 1993 funding for operations is
similar. He noted the Commission started a newsletter in 1992 which
had not been budgeted for and is included in the 1993 postage
amount. He added, another major change is coverage of 10 -12 City
Council meetings per month. He explained that the Commission has
a contingency fund to activate the program. He stated another
change is the assessment of sales tax.
Pattrin stated the proposed budget is comparable with adjacent
Commissions.—'
Mayor Peterson asked if the additional equipment would ensure
better reception for local programming.
Pattrin stated he could only speak for the production end of the
cable casting process, which would be improved.
Jabbour suggested broadcasting the LMCD meetings, as it is
Important for residents to understand how the LMCD functions.
Daniels noted the Commission does not have staff to cover such
meetings, which would have to be covered by trained personnel.
Daniels thanked the Council for their support by adoption of a
resolution supporting legislation putting control of cable TV back
in the hands of the local cable commissions.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
LAKE MINNETONKA CABLE COMMISSION — CONT.
Pattrin explained that the video industry changes very quickly and
therefore it is important to keep abreast of those changes by
attending conferences.
It was moved by Jabbour, seconded by Butler, to support the Cable
Commission's 1993 proposed budget. Ayes 5, nays 0.
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( #2) CONSENT AGENDA
Butler added Items #8 and 9-to the Consent Agenda.
Mayor Peterson removed Items #3 and 4.
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 be included
in the minutes in their respective numerical order.
( #3 & 4) APPROVAL OF MINUTES
Mayor Peterson referred to the minutes of the August 18th meeting.
She asked in Paragraph 3, Swanson be added after the name Peg. She
referred to the minutes of the September 14th meeting, and asked
that on Page 13 the percentage of Increase be added to the motions
adopting the 1993 budget.
It was moved by Mayor Peterson, seconded by Jabbour, to approve the
minutes of the special meeting of the Council held onsAugust 18,
1992 as amended. Ayes 5, nays 0.
It was moved by Butler, seconded by Callahan, to approve the
minutes of the regular Council meeting of September 14, 1992 as
amended. Ayes 5, nays 0.
LAKE MINNETONKA CONSERVATION DISTRICT
JoEIIen Hurr reported at the LMCD's meeting on Wednesday, a public
hearing was held regarding the Pheasant Lawn Homeowers Association
for a multiple dock license. She stated the Lake Minnetonka Access
Task Force will meet on October 21st at 7:30. Fees charged by the
LMCD will be reviewed on October 10th, 7,:30 a.m. A public hearing
regarding styrofoam docks will be held on October 28th, 7:00 p.m.
She noted the LMCD is considering adoption of Orono's ordinance in
kind. She reported training for persons checking water quality will
be held at Lord Fletchers on October 10th at 10:00 a.m.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
( #5) MAXWELL BAY ACCESS UPDATE
Marge Gasch reported that the DNR purchases a parcel of
res1dentaIIy used property on Maxwell Bay, and the Legislature
passed a grant for money to be used for development of a pub I i c
access. She reported several lakeshore residents met with the DNR
to express their concerns.
JoEllen Hurr referred to the packet of information submitted. She
explained Plan C, which provides for possible future expansion to
the east, is the preferred plan among the concerned residents. She
suggested this be a joint venture between the City and the DNR to
ensure that the City is a part of the project and can control the
use of the access. The DNR will consider payment in lieu of taxes.
She felt access from Tonkawa Road opposed to County Road 51 was a
plus.
Gordon Kimball, Regional Trails and Waterways Supervisor,
introduced Stan Lindahl, landscape architect for the project, and
Brad Thompson.
Kimball noted the property designs address the concerns of the
lakeshore property owners. He asked that Council refer the DNR to
the appropriate reviewing body for further consideration.
Jabbour acknowledged that the DNR has gone out of its way to
address issues of concern. He asked that the DNR consider putting
in writing that they will not revisit Orono again until all other
communities have been reviewed for additional parking and access.
Kimball stated thi.s proposal will put the DNR in the range they had
hoped for parking needs.
Jabbour suggested if putting this commitment in writing is not
acceptable, the DNR consider making each zone have the same number
of parking spaces available. He stated because Orono had the
foresight to provide open land for public use, they should not be
made to pay the consequences.
Lindahl reviewed the proposals. He noted it was decided that three
ramps for loading and unloading was needed. Plan C provides for 50
to 60 car /trailer parking spaces, and 15 car only spaces. Plan D
provides for further setbacks from the Lake and the street, and
there would be additional car /trailer parking spaces.
Mayor Peterson asked about picnic tables at the site.
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MINUTES OF THE REGULAR ORONO,COUNCIL MEETING
HELD SEPTEMBER 28, 1992
MAXWELL BAY ACCESS — CONT.
Lindahl stated their main focus is for access facilities and
shoreline fishing. The DNR felt they should not provide picnic
tables.
Jabbour understood the DNR is trying to substitute current areas
on the Lake where people shore fish, with more appropriate fishing
locations.
Hurr noted a consensus among property owners that Plans C and D
are an improvement over what is currently at the corner of Tonkawa
Road and County Road 51.
Goetten asked Gasch to provide the City with a summary of items
discussed at the meetings with the DNR.
Callahan reiterated that the citizens favor Plan C, and asked the
DNR's intention with.regard to the different proposals.
Kimball stated the DNR realizes the benefits, particularly with
Plan D, that allows the DNR to meet all their goals. The DNR
currently does not have a preference to any plan.
Jabbour.noted the issue of addin.g density to the bay. He suggested
the DNR project the sites to their maximum capacity to enable the
City and the DNR.to review maximum density on Maxwell Bay.
Lindahl noted the DNR has provided lighting at the site and
citizens have asked.that a telephone be provided.
Goetten asked about hours of operation.
Lindahl reported the DNR does require the access to be available
a minimum number of hours per day, but otherwise it would depend
on whether it were a joint venture.
Goetten asked if the access would be open year round.
Kimball stated they do not do anything to keep the access open in
the winter, however, they do not lock people out either.
Mark Breneman, Manager of North Shore Drive Marina,-stated it is
not safe to go out on the ice at this location at any time.
Butch Loomis, Assistant Chief of the Long Lake Fire Department,
suggested dry hydrants be provided on the site.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
MAXWELL BAY ACCESS — CONT.
Gerhardson noted sewer severs the property boundaries, and the City
will wish to protect and maintain these lines.
Mayor Peterson stated the next step would be a review by the
Planning Commission.
Moorse suggested the DNR submit a sketch plan review.
Debbie Breneman asked if the DNR would disallow shore fishing under
area bridges in lieu of the fishing pier proposed. She suggested
the DNR discuss this option with the County.
Kimball noted if the DNR is able to purchase the commercially zoned
property to the west of the parcel they currently own, they would
abandon plans for the parcel they own.
Goetten felt Plan D was too ambitious for the property.
Butler felt the additional setbacks were a plus with Plan D.
Norm Paurus, 2500 Casco Point Road, asked about taking this
significant amount of property off the tax rolls of the City.
Mayor Peterson called for a recess from 8:16 to 8:20 p.m.
PUBLIC COMMENTS
Rich Kiemen, 1212 Briar Street, requested the Council consider snow
plowing in front of his property. He stated the road is platted on
City maps as a public street and sewer runs underneath the road.
Gerhardson stated this portion of Briar Street has always been
perceived as a private road. He asked that staff be given a chance
to review this and other similar situations.
Mayor Peterson noted a past owner did designate the roadway as
private.
Kiemen felt they were dealing with words like perceived. He noted
the street is platted as public on the City maps.
Mayor Peterson stated the issue would be on the agenda for the
October 12th meeting.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28,1992
PUBLIC COMMENTS - CONT.
Butch Loomis, Assistant Fire Chief for Long Lake, commended the
Orono Police Department and the reserves for a great job at the
emergency preparedness excercise.
Loomis, Chair of the Fund Raising Committee for the Fourth Grade,
thanked Mayor Peterson and Stephen Sullivan for participating in
the fund raising events at Octoberfest.
( * #6) #1748 ROBERT & RITA HOVLAND,
1245 NORTH ARM DRIVE -
CONDITIONAL USE PERMIT /VARIANCE - RESOLUTION #3182
It was moved by Jabbour, seconded by Goetten, to adopt Resolution
#3182 for Application #1748, Robert and Rita Hovland, 1245 North
Arm Drive, for a conditional use permit to permit the installation
of an accessory structure on a through lot and a variance to the
required setback. Ayes 5, nays 0.
( #7) #1750 CHARLES & SHIRLEY PYLE,
3548 IVY PLACE -
VARIANCES - RESOLUTION #3183
Charles and Shirley Pyle and Daryl Hanson were present.
Gaffron explained the changes the applicants have made to the
proposal since the last meeting.
Goetten asked about history of the property.
Gaffron noted that while the Inspectors had the impression the
driveway had been expanded some years ago, there are no specific
records of the additional hardcover being added to the property.
Mrs. Pyle stated that what exists on the property now was there
when they purchased the property 6 years ago.
Jabbour felt they are taking a bad situation and trying to get it
close to good.
Goetten felt they did improve the proposal from the last meeting.'
Callahan stated the applicants have made a definite effort with
regards to-this proposal.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
ZONING FILE #1750 - CONT.
It was moved by Callahan, seconded by Butler, to adopt Resolution
#3183 for Application #1750 for Charles and Shirley Pyle, 3548 Ivy
Place, for variances to construct an addition to the existing
residence.
Mrs. Pyle asked that Condition #3 be amended to allow the existing
garage to remain until the new garage is built.
Callahan agreed to amend his motion to amend the Resolution,
Condition #3, to allow the hardcover in the 75 -250' zone to remain
until just prior to the final inspection or the Certificate of
Occupancy, if appropriate for this property. Butler seconded the
amendment.
Vote: Ayes 5, nays 0. Motion carried.
( * #8) #1763 WOODHILL COUNTRY CLUB;
200 WOODHILL ROAD -
CONDITIONAL USE PERMIT - RESOLUTION #3184
It was moved by Jabbour, seconded by Goetten, to adopt Resolution
#3184 for Application #1763, Woodhill Country Club, 200 Woodhill
Road, to grant a conditional use permit for land alterations. Ayes
5, nays 0.
MAYOR /COUNCIL REPORT
Jabbour suggested the City Administrator send a letter to the
Little League informing them that the School Board is ready and
willing to deal with them. He stated the President of the Little
League expressed interest at the last Park Commission meeting of
pursuing ball fields in Maple Plain.
Butler suggested writing the letter in terms that say, "your name
came up at a joint meeting between the City Council and the School
Board, and it seems that you are out of the loop of some of the
current information. Please contact the School Board for an
update."
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
ENGINEER'S REPORT
( * #9) PAY REQUEST #6 - H•IGHWAY 12 FRONTAGE ROAD - SEWER, WATER &
STREET IMPROVEMENTS
It was moved by Jabbour, seconded by Goetten, to authorize Pay
Request #6 for Highway 12 frontage road to B & D Underground Inc.
in the amount of $28,616.07. Ayes 5, nays 0.
CITY ADMINISTRATOR'S REPORT
( #10) CITY FACILITIES UPDATE
John Davies and Iry Dahlstrom from Kraus - Anderson and Jack Boarman
were present.
Davies reported that the Council will be able to hold their
December meeting at the new facilities. He referred to an updated
construction schedule. He reviewed the Orono budget update which
indicates a negative contingency.
Jabbour asked if they had moved $100,000 from the furniture fund
to the contingency fund, thereby making the negative contingency
fund $257,748.
Boarman explained that they Intend to use any existing furniture
they can in the new facilities. He reminded them that the Council
chose to add 5,000 s.f. of mezzanine above the Council Chambers for
future use and a generator, which has Increased the cost of the
facility.
Jabbour felt there are items that appear without the knowledge of
the Council that perhaps should be revisited.
Davies said everything that has been done was in the original
design package.
Butler asked about the kennel roof that is requested to be
deferred.
Davies explained it is a garbage /recycling center and a kennel,
which was on the original drawings.
Sullivan clarified the kennel is not for the canine, but rather a
holding cell for dogs apprehended.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
CITY FACILITIES UPDATE - CONT.
Boarman explained 75% of the area is for garbage and recycling. The
roof over the structure will actually reduce the amount of
maintenance. He stated most communities have an ordinance requiring
garbage to be contained within a structure.
Jabbour suggested they revisit the garbage area and the dent IIs and
columns for Public Works.
Boarman reiterated that he suggested removing the columns at the
beginning of the project. He stated other communities have chosen
not to roof their. garbage area and that has not been a problem.
Jabbour asked about the jail facility.
Boarman explained the jail is a 4 hour holding cell. He added if
they added the interview room and added a day room /lunch area, it
could be considered a 72 hour holding cell. He noted the security
card access is required by the State, and the camera system, to be
deferred, is the State -of- the -art for police facilities.
Goetten asked if there was anything they should be doing now to
facilitate the future installation of the camera system.
Boarman said they are installing the conduit and wiring for the
system.
Jabbour suggested removing the "remaining contingency" and "total"
from the bottom of the budget update as he felt it very misleading.
Boarman stated he has recommended a $150,000 contingency,
comparable with other projects this size. He added some items have
been put on hold to allow the Council the ability to not get ahead
of the funding process. He stated the Council has opted to add
quality improvements to the project in spending the contingency
funds.
Goetten suggested a chain link kennel in lieu of the blocked
structure.
Butler asked if the contractors are back to working full days.
Davies reported some problems with sub - contractors, but reported
they are back on track now. He noted they are recommending the
award of the bid for the salt storage building, and are
recommending deferral of the cold storage building.
Jabbour asked about the gas storage.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
CITY FACILITIES UPDATE - CONT.
Moorse explained that the de- watering costs were not included in
the bid.
Boarman explained that they sent out detailed specifications, but
the contractors ignored the issue of de- watering. The bids were
rejected. The bids were resubmitted but the vendor mislead the City
as to what that bid included. He stated until they find a way to
feasibly get rid of the water, they will not go any further with
this portion of the project.
Jabbour felt they may not even need the gas tanks.
Gerhardson noted there are times when the City needs quick access
to fuel and stations are not open. He felt this item is important
to keep in the project.
Callahan asked about other anticipated expenses prior to completion
of the project.
Boarman explained that he recommends preserving between $32,000 to
$50,000 for final unknowns dealing with the project.
It was moved by Jabbour, seconded by Butler, to defer al I items
listed on the Orono Budget Update from the Dent IIs down. Ayes 5,
nays 0.
Callahan stated the Council wants control over all changes.
Davies indicated they have not done anything without approval.
Boarman reported since they are working with a negative
contingency, every cost item will be brought to the Council for
approval.
( #11) LONG LAKE FIRE CONTRACT
Moorse explained both the Long Lake and Orono Councils have
approved a.one year contract based on the initial proposal by Long
Lake, however, the final contract has not been submitted to the
City for execution.
It was moved by Goetten, seconded by Mayor Peterson, to approve a
one year agreement for fire protection with the city of Long Lake
at a cost of $76,193.00 and to authorize the Mayor and City
Administrator to sign a contract reflecting this agreement, Ayes
4, nays 1. Butler voted nay. Motion carried.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992-
( #12) POLICE SERVICE CONTRACT - CITY OF LONG LAKE
Moorse explained Long Lake is concerned with language related to,
supplemental officers and the responsibility for extraordinary
costs after termination of those officers. He stated since the
contract is only for one year, Long Lake is not locked into an,
amount of supplemental officers for coming years and the issue has
,resolved itself.
Jabbour felt the City of Orono should not agree to a contract
unless the City gets what-it requires. He asked about recourse if
the contract is not renewed. He indicated it would not hurt his
feelings at all of the contract is not renewed.
Moorse explained Long Lake wants the option to reduce the number
of supplemental officers mid -year based on cuts of State aid.
Jabbour stated if the City would need to lay -off officers due to
this cut, the City of Long Lake would need to pay for the costs
incurred.
Sullivan stated it may be merely a matter of reassigning hours.
Moorse felt it was better to agree with 2 supplemental officers at
the beginning of-the contract as Orono has those officers already
hired, and mid -year, if deemed appropriate, allow them to reduce
that number.
Jabbour suggested they allow a percentage of hours to be reduced
opposed to a full officer.
Sullivan stated Long Lake has asked that this issue be negotiated
in good faith if deemed necessary.
Moorse felt it may be appropriate to determine a percentage amount
that could be reduced by the City of Long Lake and still not
negatively affect the department.
( #13) DONALD GRONBERG'S STUBBS BAY SEWER ASSESSMENT APPEAL
Moorse explained Mr. Gronberg is before them regarding his
assessment for sewer.
Butler indicated by submitting, a*counter proposal, Mr. Gronberg is
taking a step in the right direction. She noted Council should
discuss the merits of this request'in executive session.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD SEPTEMBER 28, 1992
GRONBERG'S ASSESSMENT APPEAL - CONT.
Moorse explained there is some disagreement about buildability of
the lot if sewer is not provided. He stated if the lot is bui-ldable
without sewer, the assessment should be lowered.
Gaffron indicated the buildability is based on the amount of a
variance the Council is willing to grant for this property.
Gronberg reviewed the issues and neighboring properties. He noted
he cannot sign a permanent easement.for the sewer project until a
building permit is issued for the property.
Mayor Peterson stated the Council would discuss this issue in
executive session and report back to Mr. Gronberg the next day.
( #14) BID AWARD FOR SALT & SAND STORAGE BUILDING
It was moved by Jabbour, seconded by Mayor Peterson, to award the
bid for the salt and sand storage building to J. & F. Construction
in the amount of $36,409.00. Ayes 5, nays 0.
( #15) ESTABLISHMENT OF A WORK SESSION TO REVIEW THE 1993 PROPOSED
BUDGET
A work session to review the 1993 proposed budget was established
for Thursday, October 8, 1992 at 3:00 p.m.
( #16) CITY HALL & PUBLIC WORKS BUILDINGS - PAYMENT NO. 7
It was moved by Mayor Peterson, seconded by Jabbour, to approve
City Hall and Public Works Buildings Architect's Application and
Certificate for Payment No. 7- as presented. Ayes 5, nays 0.
( #17) REQUEST FOR PAYMENT - BOARMAN & ASSOCIATES
It was moved by Mayor Peterson, seconded by Jabbour, to approve.
payment to Boarman Associates for architectural services for the
month of July, 1992 in the amount of $23,975.06. Ayes 5, nays 0.
( * #18) APPOINT ELECTION JUDGES FOR NOVEMBER 3RD GENERAL ELECTION
- RESOLUTION #3185
It was moved by Jabbour, seconded by Goetten, to adopt Resolution
#3185 appointing election judges for the General Election to be
held November 3, 1992. Ayes 5, nays 0.
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S ►
MINUTES OF THE REGULAR ORONO COUNCIL MEETING.
HELD SEPTEMBER 28, 1992
( * #19) FEE ORDINANCE AMENDMENT - TOPOGRAPHIC COPY CHARGE
BRUSH FEE - ORDINANCE #109, SECOND SERIES
It was moved by Jabbour, seconded by Goetten, to adopt Ordinance
#109, Second Series, amending Ordinance #99, Second Series,
entitled "1992 Fee Schedule ". Ayes 5, nays 0.
( * #20) PERFORMANCE REVIEW & SALARY ADJUSTMENT - SCOTT OBERAINGER
It was moved by Jabbour, seconded by Goetten, to increase Scott
Oberainger's to Level 5, Step III effective October 22, 1992. Ayes
5 „ nays 0.
( * #21) LICENSES
It was moved by Jabbour, seconded by Goetten, to approve the
following licenses:
Septic System Installer License:
Quickway Excavating
One Day Set -up Permit:
Minnetonka Center for the Arts - Holiday House
Ayes 5, nays 0. 1.
( * #22) BILLS
It was moved by Jabbour, seconded by Goetten, to approve payment
of the All Funds Account. Ayes 5, nays 0.
ADJOURNMENT
Mayor Peterson adjourned the regular Orono City Council meeting at
10:33 p.m. to Executive Session. Ayes 5, nays 0.
/Bptirbara Peters -'n Mayor
AT ST: Diann Goet e Acting Mayor
"M= ,,1 IANOWN
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