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HomeMy WebLinkAbout04-08-1991 Council Minutes4..`g MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City Staff: City Administrator Mark Bernhardson, Building' and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant: Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. (W)CONSENT AGENDA -It was moved by Call.: -.han, seconded by Jabbour, to approve the Consenr. Agenda. All voted. aye. Motion passed. ( #2 *)APPROVAL OF MINUTES: It was moved by Callahan, seconded by Jabbour, to approve the Minutes of the Regular Council Meeting held March 25, 1991. All voted aye. Motion passed. PLANNING COMMISSION COMMENTS: Maureen Bellows, Planning Commission Representative, had not yet arrived at this point in the meeting, but did so shortly after. PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: ( #3 *)ZONING FILE #1497- TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT It was moved by Callahan, seconded by Jabbour, to table final action on Gerald Toberman's Conditional Use Permit for the property located at 1960 Shoreline Drive until the April 22, 1991 Council meeting. All voted aye. Motion passed. ( #4 *)ZONING FILE #1555 -E.W. BLANCH, JR. (LANDSTAR, INC.) 2501 OLD BEACH ROAD FINAL SUBDIVISION - RESOLUTION #2947 It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2947, approving the Plat of the Marsh at Lafayette. All voted aye. Motion passed. PUBLIC HEARINGS At 7:02 p.m., Mayor Peterson agenda item numbers five through Publication was duly noted. - 1 - opened the Public Hearing for ten, and the Affidavit of Y � A REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #5)ZONING FILE #1457 -ALAN CARLSON 3140 WATERTOWN ROAD REVISED PRELIMINARY SUBDIVISION - RESOLUTION #2948 Gary Peterson was present on Alan Carlson's behalf. Bernhardson explained the reasons Mr. Carlson has come. back to the City with a revised plan, ajzd outlined the proposed revisions. He informed Council of the function each designated Outlot (A through E) will serve. Bernhardson not-ad that the Planning Commission unanimously approved the revised plan. Planning commissioner Hanson asked Mabusth .o provided clarification about the temporary easement proposed. Mabusth replied; "A temporary easement will be provided from the cul -de -sac through the southern portion of Lot 2, Block 2, providing access to the lot." Mabusth stated that she had spoken with Alan Carlson, and he had raised two questions. She asked Gary Peterson if he would like to have those questions addressed by Council. Gary Peterson indicated that he would like the questions raised and addressed. Mabusth advised that it is Carlson's intention to include all of what is now designated " Outlot B" with Lot 5, Block 1, with the exception of a 23' strip which will serve as a walking path to access Outlot C. She added that Carlson has withdrawn his application involving the tennis court, gazebo, and bike paths.. Mabusth suggested designating the walking path /access as part of Outlot C. She added that Outlot C would become Ou:tlot B, Outlot D would become Outlot C, and Outlot E would become Outlot D, since there will now be only four Outlots. Gaffron showed the location of the walking pa.h access to the newly designated Otitlot B as it follows the westerly property line of Lot 1, Block 2. Butler noted that the plans for this subdivision had changed several times, and asked Staff for clarification. Mabusth explained that the major reason for the revisions was due to the applicant's inability to get approval from the Corp of Engineers for bike paths through the commons area. She said, "Alan Carlson has withdrawn his Conditional Use Permit /Variance application in light of that, and is no longer proposing the tennis court or gazebo. He is now proposing only hiking trails through the commons area,.which will be limited by the Corp of Engineers to be no more than 10,000 s.f. of area. That is the reason for the change in the Outlots." - 2 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #5)ZONING FILE #1457 -ALAN CARLSON CONTINUED Bernhardson added that the Fish and Wildlife, and the EPA would not review Carlson's application for the bike trails until the City had granted preliminary plat approval. Butler asked. if elimination of Outlot B would have any impact on the Planning Commission's recommendation. Bellows stated that combining Outlot B with Lot 5, Block 1, made sense and would be more .beneficial for the development of the property and protection of wetlands. It was moved by Butler, seconded by Goetten, to adopt Resolution #2948, based on the Planning Commission's findings, as amended to include the re- designation of Outlots die to the combination of Outlot B with Lot 5, Block 1, except .fo:7 a '23 foot wide strip that. will remain and serve as an access to what will now be known as Outlot B. All voted aye. Motion passed. ( #6)ZONING FILE #1622 -F. JOHN HARDIN 1496 PARR DRIVE VARIANCE- RESOLUTION #2949 John Hardin was present. Gaffron showed a sketch of Hardin's proposal, comparing the exterior appearance of what now exists, to the way the house will look with the proposed addition. He stated that the Planning Commissian had recommended approval aftar reviewing the applicant's construction plans and the floor plan of the house. Gaffron noted that the Planning Commission had also based their recommendation on the proximity of other houses in Mr. Hardin's neighborhood in relation to the street. Mayor Paterson asked Hardin if he had any additional comments. Hardin explained that he will need additional room in the house as he plans to marry this summer. He stated that the house was constructed with four small bedrooms. M.. Hardin noted that only 98 s . f . of the porch addition will encroach into the front yard setback area. He added that where the porch is shown to be 28 feet from the road, it will actually -be 44 feet to the paved surface. It was moved by Butler, seconded by Mayor Paterson, to adopt Resolution #2949, as prepared by Staff, approving a front yard setback Variance to construct an entryway and covered porch to an existing residence. All voted aye. Motion passed. - 3 - t REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #7)ZONING FILE #1624 -DAVID CARLSON /SHORELINE MARINA & YACHT CLUB 1955 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW David Carlson, and St even Fichtel h-J.s architect, were present. Bernhardson provided a historical review of the Marina property and previous applications, stating that Council is being asked to approve the Commercial Site Plan, which now includes a two -story clubhouse. He noted that one of the issues raised by the Planning Commission during their review was that of the underground gas tank and dock fueling station. He referred Council to a May 6, 1986 letter which was sent from the City to all Orono Marinas setting forth regulations pertaining to marine service stations. Bernhardson added that the PCA has regulations pertaining to marine service stations. He said, "The subject marina was inspected in 1988, as part of a property transfer. The company that tested the tank has indicated there have been no problems." Mabusth referred Council to a March 28, 1991 letter from a company by the name of "SEACOR" confirming the staters of the underground storage tank. T'ie letter also refers to upgrades that must occur to the tank by December 22, 191_13 and 1998. She added,, "Since the March 20, 1991 Planning Commission meeting, Staff has learned that the P ^A does have stringent rules and regulations. Tney require the keeping and reporting of monthly logs, and perform inspections at certain intervals, based on the age of the tank." Mayor Peterson asked S:.aff to elaborate on the City Engineer's comments pertaining to a portion of the sea wall washing away. Cook explained that there are several areas that require another application of rip -rap. He said, "I do not believe that the first application of rip -rap was done as it should have been. ' Once the area has been redone, we will go back and inspect it." Mayor Peterson asked if Staff would make periodic inspections of the wall. Cook stated that is not usually done. Mabusth added that the property has been neglected for some time and that repairs and maintenance were not done. She suggested that may now change with regular attendance of an owner and manager on the site. Goetten asked when the clubhouse might be completed and the new marina open for business. - 4 - Z REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #7)ZONING FILE #1624 - CARLSON /SHORELINE MARINA CONTINUED Steve Fichtel stated that they hope to begin construction as soon as possible. Goetten commented that the b�:ilding is suited to the character of buildings one would find in Orono. Butler asked if the building w.1.11 meet the City's height requirements. Mabusth advised that the maximum building height for this Zoning District J_s 30 feet, and the building, at i s highest point will be 26 feet. With respect to the Planning Commission's concerns regarding the underground gas tank, Jabbour asked if anti - siphoning valves are included as a feature on the tank. He cited an example where gasoline had leaked into Crystal Bay from a marine service station malfunction. David Carlson explained, "There is a safety device built into this particular tank that would automatically close the tank off should line pressure d ::op toward the lake. The State required that safety device in 1982 when the tank was installed. Gasoline leaking into the lake will not occur as a result of this safety valve." Callahan stated that it will take a considerable period of ti--me for the * more restrictive P<: A regulations to come into effect. He said, "We have a lake that needs protection now, so it may be appropriate for the City to require the tanks to meet the PCA's standards at an earlier date. In light of that, w should perhaps consider the issue of the gas tanks separate from the building proposal. In relation to the structure proposed for this property, I would like to know what activities may occur in it. The structure is being referred to as a clubhouse. Will liquor and food be involved? Will it be a bottle club ?" Carlson replied, "The second floor, which will be a clubhouse, will be strictly for the use of the boaters in that harbor and their invited guests. It will not be open to the general public. I would like to put in a minor kitchen with a wet bar, and a fireplace. Tile clubhouse will not be a bottle club or a bar, and there will be no bartender. I would compare it to a meeting or. party room that is available in apartment complexes." Callahan stated that the party rooms to which Mr. Carlson is referring, do involve the ability to have liquor. He said, "I am not raising any objections, I would just like to know the intended use of the structure." REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ($7)ZONING FILE #1624- CARLSON /SHORELINE MARINA CONTINUED Bernhardson stated that the Bern facility at the Woodhill Country Club did apply for a bottle club license because they wanted tD have control over the sale of liquor from the facility. He said, "The Woodhill Country Club actually dispenses liquor from the Barn facility. They had liability concerns about allowing people to bring in their own liquor for parties: I am not certain that having people bring in their ovm liquor constitutes a legal problem, but it may pose a liability problem. Staff will research that further." Mr. Carlson stated that he has not purchased dramshop insurance, but his insurance policy for the marina does include liquor liability in the event of an accident. Callahan s:.ated that the use of the clubhouse and the underground storage tank issues need.to be addressed, but that he did not wish to delay construction of the facility in the mean time. He said, "Tn the event the City adopts an ordinance pertaining to gas tank regulations subsequent to approving the Commercial Site Plan, the applicant should be advised that he will be required to comply with the ordinance." Arr. Tourangeau, 2060 Spates Avenue, asked what hours of operation have. b.-�en established for the marina, and more specifically, the clubhouse. He stated that he lives in the area, and experienced noise problems-from all night parties when the marina was in operation. Carlson indicated that he had not given any thought to hours of operation. He said, "I would think that there are laws pertaining to public nuisance and noise. I would not have a problem with setting reasonable hours." Goetten stated that she wants to see specific hours set. Callahan said, "This marina presents a unique situation in that it has a clubhouse. For those marinas without a clubhouse, the private boats serve as a place for entertainment, and that can occur 24 hours a day. I am having difficulty determining where the City's legal authority in this regard stars and ends." Jabbour asked if it is necessary for the City to license a private club. Bernhardson sated that the City has no licensing requirements for the club itself. It is the liquor aspect that may require a - license. Jabbour stated that this is a prime example of why marina licensing should be reconsidered. He said, "We are now trying to tie in all these restrictions with a process of reviewing REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ($7)ZONING FILE $1624 - CARLSON /SHORELINE MARINA CONTINUED building and landscape plans. I.1 my opinion, the physical aspect of the building should be separate from the use of the property. I think Mr. Carlson should be given approval to build the structure as he is proposing, and the City should establish a licensing procedure to review the other issues on an annual basis. No matter how careful we are to consider all aspects of this operation, something else will arise between now and this time next year. I think we need to have a process where issues can be addressed as they surface. I am in total agreement with Councilmember Callahan. We need to be concerned about the issues involved with all of the marinas in Orono, not only this one. I do not know how the City can monitor these issues if we are no-IC licensing marinas." Barrett advised that Subdivision 8 of the B -2, Lakeshore Business District, includes performance standards that a lakeshore business must meet. He said, "One. of those requirements is that the maximum hours for operation shall be 7:00 a.m. to 1J:00 p-m. for retail sales and service functions. If it is determined that making a facility available to club members for meetings or entertainment constitutes a service function, then it would be required to comply with those hours." Council agreed that the land issues, m:_nus the gas tank, should be addressed separately from the use issues, which should be addressed through a licensing process. Jabbour stated that Mr. Carlson should be aware of the concerns raised by Council t11is evening that have yet to be addressed, so that he may take those into consideration when making improvements to the property. Jabbour said, "I do not want Mr. Carlson to make substantial improvements and financial commitments to the property thinking that the City Council has approved, or will not restrict, the manner in which the facility operates. Tie operation has not yet been defined." Goetten concurred with Jabbour. .lames MacKinnon, Attorney for Shoreline Marina & Yacht Club, asked if Council would take whatever action necessary at this point so that t-ie construction process could begin immediately. :ie also cautioned Council about the possibility of setting restrictions which may only pose more problems. He said, "If someone is having a party in the clubhouse, and they wish to do so late into the evening, they are likely to go to their boa` to party once the clubhouse closes. I would think it better to have the party going on inside, rather than on a docked boat." Butler asked how the City regulates the gazebo at the Windward Marine, which, in- her opinion, serves the same purpose and the proposed clubhouse here. - 7 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #7)ZONING FILE #1624 - CARLSON /SHORELINE MARINA CONTINUED Bernhardson d.d not believe tine City regulated anything beyond the zoning issues. Mabusth was not sure that the Windward Marine is utilized as a clubhouse, in the way the Shoreline Marina structure would be used. She indicated that she is not aware of any restrictions that were placed on the use of the property, and noted there have been no problems or complaints. Jabbour commented that the owner of Windward Marine resides across the street from the facility. It was moved by Jabbour, seconded by Butler, to approve the Commercial Site Plan for Shoreline Marina and Yacht Club, which pertains only to the physical improvements on the property. The remaining issues pertaining to operation of the facility shall be addressed through the City's marina licensing process. It was also agreed that the 'Planning Commission be direct-ad to review the issue of underground gas tanks from an ordinance standpoint. All voted aye. Motion passed. (#8)ZONING FILE #1625 -DON OLSON 4590 NORTH SHORE DRIVE VARIANCE- RESOLUTION #2950 Don Olson was present for this matter. Bernhardson p-rovided a brief explanation of M::-. Olson's application. He noted that though the request is to connect two accessory structures, the combined structure will not be used to house animals. Bernhardson advised that the Planning Commission had unanimously recommended approval of this application. It was mov +ad by Butler, seconded by Goetten, to adopt Resolution #2950, approving the Variance required to have an accessory structure nearer 't--,o the street than the principal structure, and a 6' side setback Variance, in accordance with the Planning Commission's recommendation. All voted aye. Motion passed. ( #9)ZONING FILE #1628 -MARK & SARA FINNEY 4195 HIGHWOOD ROAD VARIANCE- RESOLUTION #2951 Mark and Sara Finney were present. Bernhardson reviewed the issues raised in Jeanne Mabusth's memo dated March 8. 1991, as well as additional comments made subsequent to. the March 1.3, 1991 Planning Commission me-eting, which she included in her April 2, 1991 memo. Mabusth stated that Staff and the Planning Commission recommend that the lakeshore stairway structure should be treated REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ($9)ZONING FILE #1628- FINNEY CONTINUED as any non - conforming structure. She said, "Clearly, this structure would never have been approved. The City would only have allowed a four -foot w.'de s`aircase, and four by four foot safety landings on bank such as this. If any repair has to be done to this structure, it has to come before the Council for approval. Staff dotes not have the authority to issue building permits for repairs in such cases." Jabbour noted that the structure was built subsequent to the adoption of hardcover and lakeshore setback ordinances in 1375. He questioned why Staff's recommendation is to designa!e the structure as non - conforming. Mabusth explained that the structure was built eight to ten yea-..-s ago, and that the Finneys are the second owners of the property since that time. She added further that at this point, the stairway structure is helping to support the bank. Butler noted that the applicants are not bring asked to address the stairway structure at this point. Bellows explained that the Planning Commission viewed this situation the same as they would a case involving a boathouse structure. She said, "The City does not require a person who purchaser a property with a boathouse to immediately tear it down. When the structure requires repairs, the issue of removal is then addressed. I would suggest that in this case, since the Finneys are being asked to address the erosion problems, that a long term portion of that plan include a way to bring the stairway structure into compliance, while allowing it to continue to support the bank." Jabbour noted that the City really cannot force the Finneys to provide erosion control. If the Finneys so choose, they can allow the bank to slide into the lake. Mark Finney commented that they had tried to do all they can to control the erosion by planting whatever they can get to grow and hold the bank. Sara Finney. stated that the problem goes much farther than just their property in that water coming from neighboring properties also washes down their bank. Jabbour referred to an application involving a similar structure which was constructed without permits on Big Island. He stated that there needs to be a more specific distinction made as to why these two applications should be viewed differently. Bellows explained that from the Planning Commission's point of view, there is a distinction between a structure that is - 9 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #9)ZONING FILE #1628- FINNEY CONTINUED ,conscientiously constructed avoiding the permit process, and a structure that already exists on a property when it is purchased by new owners." Bernhardson stated that the City could opt to treat both property owners the-same, going after them as violations, in the applications to which Councilmember Jabbour is referring. He advised that has not been the City's policy in the past because the City only pursues complaints or changes to those structures. He said, "In the Finney's case, Staff is recommending that the structure be authorized under this application." Jabbour added, "Especially due to the fact that the structure is supporting the bank." It was moved by Goetten, seconded by Butler, to adopt Resolution #2951, granting an average lakeshore setback Variance, based on the- Planning Commission's recommendation. All voted aye. Motion passed. (#10)ZONING FILE #1629 - MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE James McNulty, McNulty Construction, was present, as was W. D. MacMillan, one of the owners of the subject property. Bernhardson summarized the request by McNulty Construction to construct an addition onto an existing private tennis facility. He noted that with the proposed addition, the footprint area would exceed that approved for this building in 1987. However, the square footage of the building, with the addition, would be approximately 1,000 s.f. less than than what had originally been approved. Gaffron further commented that the Planning Commission recommendation was split two to two. He said, "Two members felt that the original approval conditions and findings were still legitimate, and that-the screening had been done appropriately. The other two members felt there was not sufficient hardship for the original-approval, and that was still the case." Goetten stated that she had voted to approve construction of the building with the 1937 application. She felt that the applicant should be allowed to add on the equivalent of square footage that was initially approved, but not constructed. Butler thought the structure to be excessive, and agreed with th,;: Planning Commission members who did not believe there was sufficient hardship to approve the s-:.ze of the original building. She said, "I cannot see any justification for creating an even greater mistake." - 10 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #10)ZONING FILE #1629- MCNULTY CONSTRUCTION CONTINUED Mayor Peterson stated that she had voted against the 1 -387 application request to construct the building because she could not find sufficient hardship to vote in favor. She indicated that she could not approve the addition. Jabbour indicated that he was ready to make a motion to deny the application. Jim McNulty asked far the opportunity to address the Council, and Mayor Peterson gave him the floor. McNulty stated that at the time the 1987 application was being reviewed, he did present what he believed were the hardships involved. with the unique property owned by the MacMillan family. He said, "I believe one of the reasons the tennis court structure was approved is that it better facilitates the use of this 13.5 acre estate. One of the findings, stated as a basis for approving the structure, is that it has a'-lowed for the preservation of the 'Country- French' home also located on this property. The hardships and findings cited by Council at the time they approved the building, are part of the public record. As part of the agreement between the Council and the applicant, the applicant agrei =_d. }o severely restrict his future ability to further develop the property. Those restrictions have been recorded and will perpetually remain in the chain of title. That is a very unique arrangement, in my opinion. I believe that those restrictions pose an even greater hardsh'i.p on this property, than those that existed in 1987. The building would have required << Variance to be constructed, regardless of.whether it was constructed under the ordinances in effect in 1987, or in 1991, after the City adopted a new ordinance. We are asking that Council allow us to do what they granted us permission to do back in 1987." M.C. ' MacMillan slated that his family has performed -the requirements asked for by the City in relation to this structure. He said, "Our- family has appreciated the added safety and protection this private facility has offered to us, and we have kept it strictly to a family use. I cannot see where adding on to the end of the.building will pose any hardship on the land or surrounding area. I do not understand why Council would now change their minds after giving us permission to construct the building." Goetten informed Mr. MacMillan that she is the only Councilmember of the current Council that voted in favor of the application to construct the building. She said, "There are two new Councilmembers, and two members voted against the 1987 application. In addition, the City now has a new Ordinance, which was designed specifically to address accessory structures such as this." - 11 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #10)ZONING FILE #1629 - MCNULTY CONSTRUCTION CONTINUED Callahan s -ated that he w.Rs primarily opposed to constructing the building initially because he could not see that there was any hardship. He said, "I can find nothing to indicate that the structure is having a negative impact on the land. Due to the size of the parcel on which this structure is located, I cannot see any problems from a planning viewpoint. Given the fact Council originally approved a building of this size for this purpose, coupled with Mr. McNulty's facts about the rights given up by the MacMillans, I am not sure that the addition should be denied, even though I d5_d not approve the building from the start." Butler stated that she does not question the good intentions of the MacMillans to continue to comply with the City's requirements. S,ie said, "However, the City has adopted an Ordinance to address this specific issue, and I believe it is up to the City Council to abide by the Ordinances that are established. I believe we may face problems in the future, if we allow a Variance to our new Ordinance without sufficient hardship." McNulty responded, "Council has the authority to grant Variances to the City's Ordinances when it finds conditions exist to justify that. Council found those conditions to exist in the past, and they still exist now. I would also like Council to view this request from a practical standpoint. We want to do what makes the most sense for this piece of property: The MacMillans want a'garage and squash court. Does it make sense to add that onto a French Colonial home, or add it onto an accessory structure designed for recreational purposes? The M:icMillans could apply for and obtain a building permit to add onto the existing residence without approval from the City Council." Bellows noted that the members of the Planning Commission had raised a concern regarding the fact that, to the best of their knowledge, the principal structu -e . is used more as a guesthouse than a permanent residence. McNulty explained that the house is in transition within the MacMillan family. He said, "Mr. MacMillan and his brother and sister own the home, which belonged to their mother and father. His sister continues to reside there when she comes to town, and her children reside there. Someday one of the children will have a life estate. in , t :1at home and will live there.- as a .family member. A family as large as the MacMillan's has something in transition, but it . is a family home that is part of, the family estate." It was moved by Callahan to conceptually approve the accessory structur£: Variance as proposed. There was no second, and the motion failed. - 12 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #10)ZONING FILE #1629 - MCNULTY CONSTRUCTION CONTINUED It was moved by Butler, seconded by Jabbour, to conceptually deny the Variance request due to the excessiveness of. the proposed structure relative to the City's Accessory Structure Ordinance. Staff is directed to prepare a resolution for Council's review at their April 22, 1991 meeting. (The applicant did request to table this item, which was moved and seconded during consideration of this motion. However, since the question had been called, the main motion had priority, and the vote was taken.) Motion, Ayes -3, Callahan, Goetten, Nay. Motion passed. At 8:44 p.m., Mayor Peterson closed the Public Hearing pertaining to the zoning applications appearing on the agenda. MAYOR /COUNCIL REPORT: ( #11)PLANNING COMMISSION APPLICANTS Mayor Peterson noted that Ed Cohen and Howard McMillan were present, but that Janice Berg was not. She stated that David Rahn had withdrawn his application. Goetten asked whether City Staff had heard from Janice Berg. Mabusth indicated that she had not heard from Ms. Berg. Mayor Peterson asked Howard McMillan to address the Council. McMillan stated that he would like to be involved with the Planning Commission because most of the important issues that will affect him and his family are now before the City. He said, "The only issues I can see that do not directly affect us are those pertaining to Lake Minnetonka and the LMCD. Although, in reading through the Comprehensive Plan, it seems that everything starts with the Lake and backs up into Orono. The Comprehensive Plan confirmed my ideas about Orono being a unique community. After residing in Deephaven and Wayzata, and considering the City of Shorewood and other western suburbs, we chose the. City of Orono to reside in and raise our family. I began to take interest in the Community with the sewer property annexation and Highway 12 issues, and then began realizing all the other issues that affect the Community in which I live. I do not have a lot of practical experience to offer, but have a genuine interest in the issues facing the City. I was not aware that Jim Hanson and Ed Cohen were still interested in serving in the positions they now hold. After attending several Planning Commission meetings, I am not sure I want to see either of them replaced. I am trying to prepare myself for the time in the future when there is a bona fide vacancy. I would just like to go on record stating that I would like to be involved with the City." - 13 - REGULAR CITY COUNCIL MEETING•HELD APRIL 8, 1991 ( #11)PLANNING COMMISSION APPLICANTS CONTINUED Goetten asked McMillan how long he has resided in Orono. McMillan responded that he has lived in Orono since 1988. McMillan asked for the opportunity to make a statement regarding his position on the various issues now before the City. He started by stating that his greatest attribute is the fact that he cares, and that it is better to be part of a solution than to be ignorant. He said, "I am only a week and half familiar with the Comprehensive Plan, and I think the Plan speaks for itself. I believe you change your perspective on various sections of the Plan - -it changes color the more you read it and appreciate it. I have followed the Highway 12 Corridor process closely and I agree with the Planning Commission's recommendation. The other corridor alternatives are not acceptable to me, and I realize that something must be done. I do not believe that the political reality will allow Highway 55 to be the selected corridor, and therefore, it comes back to the existing corridor through Long Lake. I do not know what it will take to unlock the disagreements between Long Lake and Orono. I do believe that establishing trust provides the framework to do so. With regard to long -term street and transportation planning, I 'can speak to the first part of that because I live on Lyman Avenue. Lyman Avenue is a problem for a lot of people, and I ,.could like to see it upgraded, but only to the minimum width required. In response :o the lake use and management issue, I would say that the lake has changed significantly. I grew up on Lake Minnetonka and have since decided that I would not like to live on the lake due to the use and politics involved. I do care about the lake, however. With respect to the Planning Commission roles, I would say that there seems to be quite a bit of duplication in what the Planning Commission and Council do. I do not know how much of that is necessary as part of a check and balances system, but it seems that the process could be streamlined, and I would like to participate in that. As a last note on issues,' we definitely need a new City facility. A friend of mine asked me why I would consider serving as a Planning Commission member when I will not be paid to do so. I explained to him that I care about the City in which I live, and -the importance of becoming involved. I would much rather be part of the process, than to sit back and criticize the actions taken by our elected officials." Mayor. Peterson thanked Mr. McMillan for his interest, and asked Ed Cohen to come forward. Cohen stated that he has enjoyed serving on the Planning Commission and has learn-ad quite a bit since he was first appointed. He stressed the importance of upholding the City's Ordinances. He said, "I can say that .I have taken a consistent -- 14 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #11)PLANNING COMMISSION APPLICANTS CONTINUED stand on hardcover, in that I ask to see percentages reduced or held at existiig levels, not increased. I also think it is important for Orono to maintain its two acres of contiguous, dry buildable land. With regard to the Highway 12 issue, I. would like to think that I had something to offer. even though I have my own viewpoints based on my personal experiences. I believe that you cannot fight the Highway Department, and the job of the Planning Commission and Council, as I see it, is to get the - esidents to recognize that something is going to happen. We also need to be su e that we do the best we can to protect Orono Is interests. The Long Lake issue is political, and one which the Council will have to address." Jabbour stated that he appreciates the straight forward way that Cohen brings matters to the table. Goetten stated that she has appreciated Cohen's efforts to uphold the City's Zoning Ordinances. Butler observed that there is not currently a member on the Planning Commission designated as a representative for urban lakeshore. Mabusth stated that Candace Rowlette could be classified as urban lakeshore even though she does not have municipal sewer. Goetten stated that is correct, but that Candace is the first Planning Commission member in four yea'---s that could have that designation. Butler asked if Ms. Berg is still interested. Mabusth stated that the applicants were informed that they should notify the City if they were no longer interested and wish- =_d to have their names withdrawn. She reiterated that she had not heard anything from Ms. Berg, but that Ms. Berg was notified of the meetings where interviewing would occur. ' Mayor Peterson noted that she had March 25, 1991 Council meeting, but tha interviews began. Butler indicated that she would anyone if they are still interested, applicants to keep the City informed. seen Janice Berg at the t she had left before the not want to discourage but it is up to the Mayor Petersen stated that Council would consider the applications before them and present their decision at the April 22, 1991 Council meeting. Callahan suggested that it may be logical to delay the - 15 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #11)PLANNING COMMISSION APPLICANTS CONTINUED appointment until Council makes a decision regarding the role of the Planning Commission. He said, "I see very little sense in changing the function of the Planning Commission after we have appointed someone, only to find out that the change is not something they wish to do. Unless we can come to a decision within the next two weeks, I do not believe we should make an appointment at the next meeting." Goetten stated that the process involved with the Planning Commission role could be lengthy, and that it would not be fair for the candidates, especially Ed and Jim, to wait. She said that the Planning Commission d5_d not have an opportunity to discuss their role at the last meeting because there were only three members present. Goetten added that _L i s her understanding that the Joint Meeting scheduled for April 20th, for the purpose of discussing th�_s issue, is gol!lg to be postponed. She felt that the appointments should. be made in two weeks. Mayor Peterson agreed with Goetten that it would take some time to define the Planning Commission's role. She asked Bellows if discussion of their role would be included on their April 13th meeting-agenda. Bellows indicated that Planning Commission would discuss the issue at their regular April meeting. Mayor Peterson stated that she will be out.of town on April :'.0th, but that the Joint Meeting could take place as scheduled in her absence. ' It was the consensus of Council and the Planning Commission member: s present ( Cohen, Bellows and Hanson) , that the Joint Meeting be postponed and rescheduled. OTHER Goetten stated that she was pleased that Council had held their first Town Meeting. She said, "The meeting went very well,.' even though it was not heavily attended. I -think the people that were there appreciated the opportunity to attend such a meeting. I think the meeting set a good precedent and that we should hold another. I have hda : ^d positive comments from the people that attended." CITY ADMINISTRATOR'S REPORT: ( #12)CABLE TV REPORT Bernhardson advised that Tim Pattrin, Orono's Representative to the Lake Minnetonka Cable Communications Commission was present this evening to report on the Commission's activities. =1.1= i REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #12)CABLE TV REPORT CONTINUED Pattrin had drafted a .report on the LMCCC's activities, as well as those of Triax Cable Systems, and distributed a copy to each Councilmember. Hie then took the opportunity to review the contents of his report. Pattrin stated that the City of Orono contributed. $19,200 to the Cable Commission this year. He was concerned that the LMCC';: Excelsior location is over- staffed, yet it has the least amount of programming output of all Triax studios, including Mound, Wayzata and Orono. He said, "Another concern is that Orono has consistently asked for assistance from the LMCC in operating its studio. It appears that the LMCC does not want to make additional personnel available to work at.the Orono studio to promote access programming at that location. I :relieve that the LMCC needs to focus their attention toward the Orono facility to promote and upgrade to produce programming. The Orono studio, in 1990, received two new camcorders from the LPICC, having a total combined value of $3,000. This is the first equipment the LMCC has purchased for the Orono S-udio since the franchise was put together. Out of all the money Orono has contributed to the LMCC over tine past years, we have received administration assistance, but only $3.,000 in equipment. The Orono studio will serve the communities of Minnetonka Beach, Long Lake, and Medina, n addition :o th= Orono area. Those cities contribute 32% of the LMCC funding. .It is obvious to me that the LMCC has neglected our area and needs to focus their attention on development of the Orono studio." Pattrin summarized the service, fees, and channel changes that have occurred with Triax Cable System, as outlined in his report.. He stated that Triax does not offer the same amount of service for the money as Paragon or King Cable Systems, which• serve communities just outside of Orono. He said, "The- customers o:= Triax are paying more, but getting less, compared to the competition." Pattrin reported that he had brought several issues to the attention of the LMCC regarding operation and service policies of Triax. One issue is a $3.50 pr outlet fee Triax is charging to Hole Name parochial school. Pattrin stated that no other cable company does that. Another issue pertains to problems that are occurring with signal return language, which is a method of sending live- transmissions between two locations. Pattrin had observed that Triax was advertising on access channels, which are to be used for public, rather than commercial, use. He said, "On the government access channel, Channel 8, they tied up several pages of the City's billboard (designed to provide viewers with information about the City), with advertising about the services Triax provides. After bringing this to their attention, they removed it. The other issues will be addressed at our next meeting. As a further note, I do possess a ropy of the report from Triax Cable Company, the 1990 Annual Cable Television System Report, which covers everything that they do." - 17 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #12)CABLE TV REPORT CONTINUED Council thanked Mr. Pattrin for providing Bach an informative report. They encouraged him to continue his efforts to g?t the L:MCC to focus more attention on developing the Orono studio. ( #13)HIGHWAY 12 -CITY ADOPTED POSITION Bellows suggested that Council' may wish to include a response to comments made by Steve Hay, which appeared in an article in the April 3, 1991 edition of the "Sailor" newspaper. She said, "I hate to say this, but everything that Ed Cohen predicted is coming true, according to this article." Mayor Peterson noted teat Mi... Hay had responded to the City's position before the City could send that information to him. She also s::ated t:zat the article appearing in the "Pioneer ", reporting on the March 25, 1991 Council meeting, and more specifically, the Council's adoption of the Planning Commission's recommendation, was incorrect. She reed aloud a portion of the article, which stated that the City Council had voted unanimously to adopt the recommendation in its entirety. Rosema:-y Schauer, a reporter for the "Pioneer ", explained that the Citzr Administrator was on vacation, and the Pioneer Staf f had checked -w �_th Ci.ty Staff , ui� u ztil closing time on Wednesday, to see if the minutes were completed so they could check their information. She apologized, and s=ated that the Pioneer would print a retraction in the next issue. Callahan stated that it was his understanding that Council had adopted the Planning Commission's recommendation .;.n its entirety, and that is the action he wanted to take. Butler added, "I made the motion, and Councilmember Callahan's understanding of it is correct." Mayor Peterson stated that she had seconded Councilmember ' Butler's motion, but had thought the m=otion excluded the last paragraph, containing language about future consolidation of the Cities of Long La.ke avid Orono, from the recommendation Council was accepting as their position. Councilmembers discussed their interpretation of the motion made at their March 25, 1991, Council meeting, to accept. and /or adopt, the Planning Commission's recommendation. Jabbour stated that the last paragraph of the recommendation-. suggested that the two Cities may consider consolidating at some time in the future. He believed that Council should accept the recommendation as Councilmember Butler's motion intended. It was moved by Mayor Peterson, seconded by Jabbour for the REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (413)HIGHWAY 12 POSITION CONTINUED purposes of discussion, to reconsider the acceptance, and adoption .-)f the Planning Commission's recommendation on Highway 12 Corridor. Motion, Ayes -3, Butler azd Callahan, Nay. Motion passed. Butler stated that she did not wish to revise her motion. She said, "I adopted the recommendation in its entirety. If that is what the 'Pioneer' indicated, that is correct." Mayor Peterson stated that the problem now is that the newspaper said one thing,. and the letter to Long Lake indicated something else. She also stated that Council only accepted the recommendation at the March 2 =5, 1991, meeting, and that the document presented for adoption this evening, excludes the last paragraph of the Planning Commission's recommendation. Butler stated that the Planning Commission's recommendation was adopted, in its entirety at their March 25, 1991 meeting, and that, in her opinion, adopting and accepting are the same thing. Bellows added* that her understanding of Councilmember Butler's motion was just as Councilmembe-s Butler and Callahan understood. it. She added that the Planning Commission's recommendation included a statement about possibly merging with the City of Long L =ice because the Planning Commission was asked to'address that issue. Bernhardson stated that the last paragraph had been deleted from the re- formatted draft presented this evening, but that it could be added back in if that is Council's-wish. Jabbour 'ask-ad BarreL:t what the next stap i n this reconsideration process should be. Barrett responded, "It is my opinion that Council may either take a vote otz the motion as formed, to see if Council still wants to support that position.. or you m .J_ght,, in the alternative. propose an amendment to that motion and take a vote." I • Butler added, "My understanding of a motion to reconsider is that it, is effect, sets aside, and to some extent negates the motion that was made, seconded and adopted unanimously two weeks ago." Barrett s::ated that a :notion to reconsider re -opens the questions again so that Council is free to vote on the issue, and is not bound by the previous vote. It was moved by Jabbour, seconded by Callahan, that the motion made by Councilmember B--.tler, as understood by Councilmember Butler, stand as made, which adopts the Planning - 19 - REGULAR CITY COUNCIL MEETING.HELD APRIL 8, 1991 ($13)HIGHWAY 12 POSITION CONTINUED Commission's recommendation on Highway 12 Corridor in its entirety, including the paragraph pertaining to the consideration of merging the Cities of Orono and Long Lake together sometime in the future. That is the City's new, adopted position.. Goetten asked how the letter that was sent to the City of Long Lake, stating that paragraph had been deleted from the recommendation adopted by the City, would be handled. B-=*.rnhardson stated that a revised letter to the City of Long Lake would be drafted and would state that the March 29th letter incorrectly stated that the last paragraph had been deleted. Jabbour said that may not be a true statement because some people understood the motion one way, and others thought it was something else. He suggested that it would be more appropriate to indicate iri the letter that in an effort to re- clarify their position, Council took the iss:ie on again and reached the fallowing position. All Councilmembers agreed that they understood the motion before them includes the merger comment. Motion, Ayes -3, Goetten, Peterson, Nay. Motion passed. As indicated in their discussion of this item, Councilmember Goetten and Mayor Peterson preferred to have the City's position on the Highway 12 Corridor not include statements regarding a consolidation of the City of Orono acid the City of Long Lake. Mayor Peterson a:zd Goetten wished to maintain goodwill between the. two Cities., and felt that the City of Long Lake m,--Ay be sensitive to such language and not -view it in a favorable light. Goetten and Mayor 'Peterson agreed with the Planning Commission's recommendation, with the exception of the last paragraph. Councilmember Callahan suggested that the letter to 'MNDOT either refer- to the enclosure as a resume' of the City's position, ar -it should actually include the entire Planning Commission recommendation. ($14)SANDY BEACH SWIMMING BEACH . In response to directions from Council during their review of th.s item at their March 25, 1991 meeting, Bernhardson reported that it' would cost the City $3,900 to $5,400 t-a post a lifeguard eight hours a day, seven days a week at_ Sandy Beach.. Butler asked if the City had funds available to do so. Gerhardson replied, "No, this is not a budgeted item." 1:t was moved by Callahan, seconded by Mayor Peterson, to adopt thy: Planning Commission's recommendation to have the beach remain open to the public, that no deck will be installed in 1991, that the' current closing hour of 8:30 p.m. be continued, and that Police -patrol be increased. All voted aye. Motion passed. - 20 - T REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #15)CITY COMMUNICATIONS It was moved by Callahan, seconded b,\• Mayor Peterson, to table this item. All voted aye. Motion passed. ( #16)LMCD COMPREHENSIVE PLAN. Bernhardson reported that the date of April 10, 1991, has been canceled, and will be rescheduled. He also presented Council with a position paper. relative to the surface use aspect of the LMCD's Comprehensive: Plan, that the City could adopt an transmit to the other cities. Callahan indicated to Bernhardson that he and Councilmember Jabbour would like to discuss the paper with him before it is prepared in final form and transmitted. Council took no action on this item. ( #17)POLICE CHIEF SELECTION PROCESS Bernhardson provided Council with the proposals submitted from firms wishing to assist w.th the City's Police Chief selection process. He recommended .i.nviting three of the consultants (Labor Ralations 'Associates,' Public Management Consultants and Sathe & Associates) to appear before the Council for an interview, and suggested meeting Monday, April 13, at 5:.00 p.m. Council agreed with Bernhardson recommendation, including the meeting date of Monday, April 15, 1991,.at 5:00 p.m. ( #18)STUBB'S BAY SEWER Todd and Marie Ziesmer were present. Callahan suggested that a citizen's committee should be formed to address this issue. He thought it may be appropriate to ask Sherokee Ilse to Chair the committee, which should be comprised of persons that are in favor of the project, as well as those that are opposed. He said, "This committee will make a written report to the Planning Commission. The report will decide the general scope of the project and the alternatives list-ad ._n order of -priority. The committee should also make a recommendation pertaining to the best me -thud of financing the project. The Planning.Commission _can then review the report and make a recommendation to Council." Mayor Petersen asked Callahan if he h-3d talked to Sherokee Ilse about her participation with a citizen's committee. Callahan stated that he had not asked Sherokee, but had recommended her because she takes an active part in City affairs. He added that Sherokee lives in the Stubbs Bay sewer area, but that, as he understands.it, her property is not in need of sewer. Callahan stated that Sherokee could have a more objective - 21 - M REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #18)STUBBS BAY SEWER CONTINUED viewpoint than those that need sewer. Mayor Peterson recognized Todd Ziesmer and asked him to make any comments he had regarding this issue. Ziesmer stated that his household has been functioning with only the benefit of a holding tank for the- last two years. He said, "It would seem to ::ie that establishing a committee to assist w.�th a decision about this project, will only delay the decision and project that much longer. Taking into consideration the worst case scenario, can anyone give me a rough idea of when I may be able to hook up to City sewer ?" Callahan stated that the formation of a citizen committee and the length of time for them to make a report should only take a month to six weeks. He suggested that it may be possible to ta::e bids for the proje ^t in November, 1991, acid that construction would begin in the Spring of 1992. Marie Ziesmer asked Council if they would consider their request for a 15 t.a 20 year grace period before they must begin paying for the sewer project. They intend to have a septic system installed -this Spring and would like to pay it off before taking on the additional cost of City sewer. She noted that they have already invested $3,300 for pumping, which they must do every two to three weeks, which costs $80.00 each time. Goetten asked Marie if it would be possible for them.to wait an additional 18 months until the project is completed. Marie replied, "We will incur another $3,000 to $4,000 i= we must continue pumping for another 18 months. That would mean a total investment, before sewer or a septic system, of over $6,000." Todd added, "Unless any of you have actually lived under there circumstances, I do not think you understand what it is like to live in a brand new home with a dishwasher that has never been used, but the warranty has expired. We have a washer, but cannot use it, and we must turn the water off during the course of a shower whenever it is not necessary to rinse. It is very difficult to live like this, especially with children. We were told when we first built our home that a decision regarding the sewer project was just a -ound the corner. At this time, we are no closer to having a decision than we were two years ago." Mayor Peterson asked Gaffron haw many other Stubbs Bay residents have the same situation as the Ziesmers. Gaffron replied, "If you consider the people that had new septic systems put in over the last three years, there are - 22 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #18)STUBBS BAY SEWER CONTINUED approximately half a dozen with this same situation." Bernhardson stated that there are quite a few people who have not done anything up to this point, but could repair their septic systems with-J_n the next ye=ar so they would be in conformance. He said, "Those people could then state that they do not need the sewer and could ask for a grace period." Gaffron noted that the only form of_ deferring assessment payments, .of which he is aware, IS that which has been established for senior citizens. He said, "ode have not legally researched whether we can do that for persons other than senior citizens." Callahan suggested having the City Attorney look into the issues of whether or not the City can legally allow the deferral, before Council decides whether they wish to adopt that policy. He stated that the City cannot have a policy that allows everyone involved in an improvement project to decide when they would like to be assessed. Todd s-:ated t:zat they can go either w: -%y. They have sufficient area for a septic system. He said, "The problem is that there are several homes that do not have the area to put in another septic system. Once their systems fail. they will either have to go on a holding tank, as we have done for the last two years, or push for municipal sewer. Are these enough homes in that situation to push the project through ?" Gaffron explained that the problem is that most of the homes that require municipal sewer the most, are the ones that can least afford it. . "I also do not believe that Todd would be able to convince anyone that being on a holding tank is a bad way to go, even if he relays his personal experiences. When people see the cost of municipal sewer, they will opt for holding tanks. It is human nature." Callahan stated that given the City's position on protecting the lake,' there is more of a desi: -e to have sewer put in this area, than others where there is less of as environmental concern. He said, "The City has the right to order the project. All we need to do is vote for it. We also have the right to assess the benefiting property owners, but the question is how much we can assess them." Goetten stated that the City Council has a responsibility to make a final decision on this. Butler agreed with Callahan that be -cause of the potential impact an the general health, safety aitd welfare of the community, sewer is the one improvement that the City can put in - 23 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #18)STUBBS BAY SEWER CONTINUED without a majority consensus of residents. Callahan stated that he did not expect the consensus of the citizens committee to be that the residents are in favor of the project. He suggested that the committee.may be able to get the residents more focused on the issue, which will help to determine the size of the area that is to be included in the project. Goetten stated that the City has tried to be accommodating and not to push the project down anyone's throat. She said, "That is part of the problem. We are going to have to bite the bullet and make the decision. We owe that much to these people." Jabbour agreed w.-th comments m-ade earlier by Butler regarding the overall health, safety and welfare of the public. He said, "I bolieve, and it is only my personal observation, that quito a bit of leaking arid seepage is occurring fram those properties into Lake Minnetonka." In that regard, Butler added, "People who firid it more convenient to allow their septic tanks to seep into Lake Minnetonka, rather than having them pumped, may be interested in knowing that the City can institute condemnation proceedings against their dwelling because it does not have satisfactory sanitary sewer removal system. Then their home is worth nothing." Butler asked whether the City had surveyed the Stubbs Bay area residents to determine their position on the project. Gaffron replied, "We dial send out a survey. Fifty percent of the 100 property owne:-s that received the survey did not respond. Of the fifty percent that did respond, one -third indicated that they favored the project, the other two- thirds opposed it." Butler stated that the City could go through a committee process, which would make the residents feel more a part of the process. She added, however, that if the Council were to vote to order the project, and -someone subsequently sued the City in regard to the assessment, that the City would prevail due to the overwhelming need for sewer in that .area. The City would have the support of its Comprehensive Plan, Metropolitan Council, Metropolitan Waste Control, as well as the Lake protection agencies. She said, "You do not fool around with malfunctioning septic systems. If that is the case,-the City automatically has a health P. oblem. . Once it is determined that there a� -e properties with septic systems leeching into the Lake, the State will close them down, if the City does not Gaffron stated that may not always be the case, He said, - 24 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #18)STUBBS BAY SEWER CONTINUED "There seem to be some broad problems with jurisdiction and who is willing to use it.' In fact, most agencies leave the issue up to the d .scretion of the individual cj_ties . Tae DNR is not enforcing anything at this time, but may start forcing cities to adopt shoreland regulations t;".at will force people with non - conforming systems to go on holding tanks. If all that happens within the next year, and we agree that we will interpret and enforce those regulations to the letter, it will be a rude awakening." Callahan sated tzat tile' City needs to make a decision, whether Council proceeds on their own, or with the help of a committee. Jabbour s==ated that if- the City enlists the aid of a citize=ns committee that it should be on the premise that something is going to be done. He said, "We should take the position that Stubbs Bay has to have sewer, and allow the committee to determine the e-211tent of the project." . Bernhardson clarified that the survey sent to the Stubbs Bay residents asked if they would favor municipal sewer at a specific price. He said, "I believe that at least half of the people in that area want the sewer, it is just that they do not want to pay the price that we quoted to them." Jabbour suggested that City Staff could perhaps dcaft a letter to the residents in order to expand their awareness of the progress of the project. Gaffron s=ated that he would be meeting with Dave Peterson, a Stubbs Bay resident who has been talking to the-residents about the project. -He said that Mr. Peterson may shed more light on- the residents' feelings about the project. Mayor Peterson asked Gaffron if Council should delay their decision until he can provide more information. ' Gaffron stated that he would have additional information to present at the April 22, 1991 Council meeting. It was the consensus of Council to delay any action on this item until they have reviewed additional information at their April 22., 1991 meeting. ..( #19)SALARY ADJUSTMENT -BRUCE VANG It. was moved by Butler, seconded b�, Mayor Peterson, to approve a salary adjustment for Bruci Vang at Level 7, Step 4, at a rate of $14.991 p-ar hour effective as of April 22. 1991. All voted aye. Motion passed. - 25 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #19A *)RESIGNATION -LT. MARK MORAN It was moved by Callahan, seconded by Jabbour, to accept the resignation of Lt. Mark Moran, effective April 18, 1991. Council wishes him the best in his future career choices. All.voted aye. Motion passed. ( #20 *)MUNICIPAL BOARD PROCESS It was moved by Callahan, seconded by Jabbour, to accept the information presented by Mark Bernhardson regarding this issue. All voted aye. Motion passed. ( #21 *)POLICE DEPARTMENT VEHICLE AUCTION . It was moved by Callahan, seconded by Jabbour. to establish April 27, 1991, .3t 10:00 a.m. •at Perry: Truc;, Service as the time and place for as auction of unclaimed vehicles subsequent to published notice in the official newspaper and notification being sent to registered owners. All voted aye. Motion passed. ( #22 *)AUCTION OF CONFISCATED AND ABANDONED ITEMS It was moved by Callahan, seconded by Jabbour, to establish M,�y 11, 1991, -at 10:00 a.m, at the Orono PolicE� Department at 445 Willow Drive, Long Lake, as the time and place for an auction of abandoned, confiscated.. or found. property, subsequent to published notice in the official newspaper. All voted aye. Motion passed. ( #23 *)RESIGNATION OF C.S.O. It was moved by Callahan, seconded by Jabbour, to accept the resignation of Community Service officer-Kevin Walsh, effective April. 12, 1991. All voted aye. Motion passed. ( #24 *)CANINE PROGRAM DONATION It was moved by Callahan, seconded by Jabbour, to authorize the acceptance of the donation fr:�)m Cub Scout Pa-,,!k 206 for the canine program and direct Staff to send a thank you letter to the Pack. All voted aye. Motion passed. ( #25 *)TEMPORARY EMPLOYMENT -GOLF COURSE It was moved by Callahan, seconded by Jabbour, to approve the temporary employment of the persons listed in John Gerhardson's memo dater April 3, 1991, and marked as item #25, at the respective hourly rates shown, effective April 9, 1991. All voted aye. Motion passed. (#26 *)SOURCE REDUCTION PROGRAM It was moved b�, Callahan; seconded by Jabbour, to adopt Resolution #2952 establishing a source reduction program for the City of Orono and to . appoint John R. Gerhardson ao the facilitator of the Source �Reduction program. All voted aye. Motion passed. - 26 - Y REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 . ( #27 *)1991 YARD WASTE PROGRAM It was moved by Callahan, seconded by Jabbour, to approve the yard waste compost program and schedule for 1991 attached to John Gerhardson's April 3, 1991 memo shown as item #27. All voted aye. Motion passed. ( #28 *)1990 POLICE DEPARTMENT OPERATIONS It was moved by Callahan, seconded by Jabbour, to accent and approve the 1,390 .Police Department Financial Operating R port as presented. All voted aye. Motion passed. ( #29 *)EQUIPMENT PURCHASE- PORTABLE HOIST .It was moved by Callahan., seconded by Jabbour, to approve the purchase of one pedestal mounted electric hydraulic crane from Truck Utilities for an amount of $6,647. * All voted aye. Motion passed. ( #30 *)SPRING CLEAN UP DAYS It was moved by Callahan, seconded by Jabbour, to designate May 4th and May 11th, 1991, as Orono Spring Clean-up- Days. All voted aye. Motion passed. ( #31 *)ADMINISTRATOR'S INFORMATION It was moved. by Callahan, seconded by Jabbour. to accept the City Administrator's Information regarding: - Police Officer /Marine Rservist, Planning Commission-Ordinance Review Dates, and Auditor Change. All voted aye. Motion passed. CITY ATTORNEY'S , REPORT: None ' ( #32 *)LICENSES It was moved by Callahan, seconded by siabbour, to approve the following license(s): r Non- Intoxicating .P•l- -alt Liquor: (Ong: Day) Special. Event: Residential Kennel: Northwest Tonka Lions Golf Tournament- Lakevie-�,,Golf Club Friday, June 21, 1991 YMCA• Bike- A• -Thon Saturday, May 18, 1991 Northwest Bank Wayzata IT.a.lf Marathon Foot Race Sunday, Play 5, 1991 .lane Kline 4455 West Branch Road Pam Gregory 385 Stubbs Bay Road - 27 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ( #32)LICENSES CONTINUED Septic System Installer: Volkenant, Inc. 1030 County Road 83 Elmer J. Peterson Co. Route 2, Delano American Sewer & Water Route 6, Buffalo All voted aye. Motion passed.. ( #33 *BILLS It was moved by Callahan, seconded by Jabbour, to approve payment of the All Funds Account. All voted aye. Motion passed. EXECUTIVE SESSION At 11:10 p.m., City. Attorney. Barrett requested that Council adjourn to a,-t Executive Session for the purpose of discussing pending litigation. ADJOURNMENT It was moved by Mayor Peterson, seconded by Jabbour, to adjourn the Regular Council Meeting at 11:45 p.m. All voted aye. Motion passed. 64&c-a-) Barbara A. Peterson, Mayor •- 28 - '�