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HomeMy WebLinkAbout05-13-1991 Council Minutesf MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 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 a:-id Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant: Planning and Zoning Administrator Michael Gaffron, City Attorney T-,iomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the ml :�eting to order at 7:10 p.m. ( #1 *)'CONSENT AGENDA: 'It was moved by Goetten, seconded by Butler, to approve the Consen•,,: Agenda as presented All voted aye. Motion passed. APPROVAL OF MINUTES: ( #3 *)REGULAR MEETING OF APRIL-22, 1991 It was moved by Goetten, seconded by Butler, to .approve the Minutes of the Regular Council Meeting held. April 20, 1991. All voted aye. Motion passed. ( #4 *)BOARD OF REVIEW MEETING OF APRIL 30, 1991 It was moved by Goetten, seconded by Butler, 'to approve the Minutes of the Board of Review Meeting held April 30, 1991. All voted aye. Motion passed. PLANNING COMMISSION COMMENTS: Planning Commission Representative, Sara Moos, was present, but had no comments at this point in the meeting. PUBLIC COMMENTS: Alan Nettles - Asked Council to reconsider the Conditional Use Permit granted in relation to the Toberman property located at 1960 Shoreline Drive, based oa Court of Appeals decisions recently made. Nettles also advised that there is now case law stemming from the County of Isanti v. Mary Ann Peterson case, which addresses the issue of voluntary /involuntary abandonment of an activity for which a Conditional Use Permit was granted. Bill Wear - Stated that there is an outstanding bill in the amount or $800 involving damage to a power line that resulted from the installation of water and sewer lines in front of his property. Hie asked the City to pay the outstanding bill and to also replace the judicial markers that were removed. Don Germanson (President of the Lake Minnetonka Lakeshoreowner's Association), invited Council to attend a gathering at the Pillsbury home Sunday, May 19, 1991, from 1:00 p.m. to 4:00 p:m. - 1 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ZONING ADMINISTRATOR'S REPORT: ( #5 *)ZONING FILE #1626 -TIM TRAFF 2683 NORTH SHORE DRIVE VARIANCE - RESOLUTION #2960 It was moved by Goetten, seconded by Butler, to adopt Resolution #2960, granting lot width, lot area, and side yard setback Variances to construct a new home at 26)83 North Shore Drive. All voted aye. Motion passed. (#6)ZONING FILE #1629- MCNULT7 CONSTRUCTION 1700 FOX STREET VARIANCE- RESOLUTION #2961 Jim McNulty was present. It was moved by Callahan, seconded by Mayor Paterson, to adopt Resolution #2961, granting Variances required to construct an addition to an existing oversized accessory structure located at 1700 Fox Street. Motion; Ayes -4, Butler, Nay. Motion passed. ( #7)ZONING FILE #1631 - CHARLES a ANN HOMMEYER 475 LINDEN AVENUE VARIANCE RESOLUTION #2962 Charles and Ann Hommeyer were present. Bernhardson gave a brief explanation of the Hommeyer's request, noting that it is a renewal Variance, and everything set forth in Resolution #2300 would apply, with the exception of a recommended revision, excluding the condition pertaining to payment of a $390.00 Park Dedication Fee. Butler asked if it is necessary for the property owners to re -apply for this Variance. Mabusth advised that this is the f'Lrst Variance renewal request the Hommeyer's have made. The prior applications for lot area Variance were submitted by previous property owners. Mr_ Hommeyer added that he has an option to purchase the property, and that the purchase price is based on the property being a buildable lot at this time. He stated that before purchasing the lot, he. wants assurance that it is in fact buildable_ Hommeyer said, "I have no intention of building on this lot, and am buying it solely as a buffer." Mabusth further advised that this Variance, if approved, would expire in one year, and that it may be more sensible for renewal to be sought at the time there are plans to develop the lot, unless.there is a change in zoning. It was moved by Butler, seconded by Goette.n, to adopt Resolution #2962, granting a renewal of a lot area Variance - 2 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #7)ZONING FILE #1631 - HOMMEYER CONTINUED originally granted November 23, 1987. All voted aye. Motion passed. ( #8)ZONING FILE #1633 - ANDREW MCDERMOTT 2702 WALTERS PORT LANE VARIANCE- RESOLUTION #2963 Andrew McDermott was present. Bernhardson re6viewed the issues involved w_th Mme. McDermott's Variance request, as outlined in Jeanne Mabusth's April 11), 1991 memo. He noted that the Planning Commission recommended approval of this application. Goetten stated triat hardcover iz the 75 -250 foot setback area exceeds what is allowed. She indicated that she would like to see the 5.57% of landscaping plastic removed in light of the McDermott's request °to add hardcover to the property. Callahan stated that excess hardcover, in the form of landscape areas with underlying plastic, is not allowed and is to be automatically removed. Goetten agreed with Callahan, and noted that the -Planning Commission had not included removal of the landscaping plastic in their recommendation for this application. McDermott stated that his improvement plans do not include any improvements within the 75 -250 f1D0t setback area. Goetten indicated to Mr. McDermott, that in her opinion, a request to remove 5% e;ccess hardcover -from the 75 -250 f-Dot setback area was not asking too much, and would bring the hardcover percent closer to the 25% allowed for that area. Jabbour concurred with Goetten. =t was moved b%T Goetten, seconded by Jabbour, to adopt Resolution- #2963, as amended, • to include language - requiring -the. applicant to remove 5.57% hardcover from the 75 -250 foot setback area. Jabbour requested Staff to bring back for Council's review information depicting alternatives to landscaping plastic that. may be acceptable from a hardcover standpoint. All voted aye. Motion passed. ( #9)ZONING FILE #1635 -JOHN O'SULLIVAN /ERWIN SMITH 2420 SHADYWOOD ROAD VARIANCE - COMMERCIAL SITE PLAN- RESOLUTION #2964 John O'Sullivan was present. Bernhardson. pcovided a 'grief e.-,planation of the . request to place an addition onto O'Sullivan's Service Station. - 3 - M ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #9)ZONING FILE #1635- O'SULLIVANS CONTINUED It was moved by Butler, seconded by Mayor P�- terson, to adopt resolution #2964, approving the Commercial Site Plan, and granting a :side yard setback Variance, to construct an addition to the car wash facility located at 2420 Shadywood Road. All voted aye. Motion passed. ( #10)ZONING FILE #1638 -CITY OF ORONO 1385 BROWN ROAD SOUTH VARIANCES It was moved by Jabbour, seconded by Mayor Peterson, to table this application. All voted aye. Motion passed. ( #11)ORDINANCE AMENDMENTS: SECTION 10.02- FACILITIES OF OTHER PUBLIC ENTITIES ORDINANCE #94, SECOND SERIES It was moved by Callahan, seconded b% Buutler, to adopt Ordinance #94, Second Series, amending Section 10.02 of the Municipal Zoning Code by adding a definition of municipal buildings or facilities. All voted aye. Motion passed.. SECTION 10.61 - TEMPORARY SIGNS It was moved by Jabbour, seconded by Mayor Peterson, to refer this item back to the Planning Commission for their review. All voted aye. Motion passed. ENGINEER'S REPORT: ( #12 *)NAVARRE HEIGHTS STORM SEWER- ACCEPT BIDS RESOLUTION #2965 It was moved by Goetten, seconded -by Butler,, to adopt Resolution #2965, accepting bids for the Navarre! Heights storm sewer project. All voted aye. Motion passed. ( #13)REQUEST FOR PAYMENT V- PUMPHOUSE #3 It was moved b1• Butler, seconded by Mayor Peterson, to approve Pay Request #7, for "Richmar Construction, in the amount of $5,235.15, for the Pumphouse #3 project. All voted ale. Motion passed. MAYOR /COUNCIL REPORT: ( #14)JOINT COUNCIL /PLANNING COMMISSION MEETING Mayor Peterson stated that her son is going to be awarded a scholarship on the same evening scheduled for the Joint Council./Planning Commission meeting. It was also noted that May 21 was a School Board Election day, and that as such, the meeting coo -d not start until 8:01 p.m. Mayor Peterson apologized for the inconvenience of rescheduling. S;�e asked Planning Commission Chaim Kelley to poll the. Planning Commission- members regarding another meeting date, and that she would then contact him. - 4 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #15 *)LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION RESPONSE TO INQUIRY It was moved by Goetten, seconded by Butler, to acknowledge receipt of the information from the Lace Minnetonka Cable Communications Commission regarding issues raised by Mr. Patrin at the Council's April 8, 1991 Council meeting. All votied aye. Motion passed. OTHER Callahan suggested that the i:3sue raised by Alan Nettles earlier this evening should be placed on the agenda for Council's next meeting, and that the City Attorney provide his opinion of the new information at that time. It was also suggested that Jim Gilbert, Attorney for Mr. Toberman, be advised that the issue will be reconsidered. i Callahan also suggested that the issue of the Long Lake Police Contract be included for discussion on the agenda for an ,;upcoming Council meeting. Jabbour suggested that it would be more efficient if Councilmembers received one agenda packet delivery. Goetten concurred with Jabbour. She stated that it is difficult to keep track of what agenda items have and have not been received. Butler also agreed, adding that when she served a:5 M:1yor, she received one packet on Friday and that worked well. Mayor Peterson indicated that she had -no objections to receiving the entilre packet at once, but preferred to have it delivered before Friday. Jabbour suggested that Staff could perhaps deliver one packet on Thursday. CITY ADMINISTRATOR'S REPORT: ( #16)CITY FACILITIES SITE SELECTION Steve Wilson'and Charlie Kelley, Facilities Committee Chair and Planning Commission Chair, respectively, were present. . Bernhardson presented Council with facility site recommendations from the Facilities Committee and Planning Commission. He stated that both had recommended the H=_ghway 12 site on which-the City has an option. Mayor Peterson referred to a "Citizen's Alert" notice that had been circulated throughout the Community. She- stated that the first paragraph incorrectly states that the mt- Feting this evening would be the last chance for the public to express their - 5 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED opinions on this issue. Mayor Peterson advised that the only issue Council would consider aild vote on this evening pertained to the facilities site. S:ie further advised that there would be several additional Public: Hearings scheduled pertaining .o the actual-buildings and costs. John Farnham commended Council on their efforts to improve the facilities site selection process from that which was taking place last simmer a:zd f•311. He stated that, in his opinion, Council was too dependent on its professional advisors. Farnham believed that the recommendation made by the Facilities Committee may not have represented a consensus of the entire Committee, nor did is represent the opinions of the Community at large. Farnham stated that there was no Press coverage, or Press Releases for the Facilities Committee and Planning Commission meetings, and felt that there has beea a lack of communication between the City and the Public. He asked that Council provide the residents with more information pertaining to all the factors that went into the recommendation, and to then have a referendum or poll to get input from the general public. Mike Ellis, 1020 South Old Crystal Bay Road, disagreed with the statements made by Farnham, and indicated that he would like to see Council make a decision on a site so that the process can continue. Ellis stated that he would like to see Council exercise their option on the Highway 12 property. Butler agreed with Mr. Ellis, that it is time for Council to make a decision and get on with the process. Rich Wysocki, 2770 Rainey Road, ask,ad - how the purchase of the property will be f•.inded, and how much the Highway. 12 property will cost. Mayor Peterson replied, "The purchase price of the Highway s.2 site is $292,000 and the City has set aside enough money to purchase that property if that site is selected." Jabbour indicated that he wished to respond to some of the :statements made by Farnham. He stated that he sought election to the City Council because he did not believe there was sufficient communication between the City and its residents. Jabbour said, "I belierae that this Council has gone to extensive measures to keep the Public apprised of what we are doing. The Councilmembers matte themselves accessible to the public. I do not believe it is in.the c-itizens' best interest to d::lay our site decision any longer. The economy is such that we are in an advantageous position at this time. I urge my fellow Councilmembers not to adjourn this meeting until we have selected a site and given direction to Staff to proceed with the projec.t." ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ($16)CITY FACILITIES CONTINUED Goetten agreed with Jabbour that prior to the elections, the City facilities process was not as it should have been, and that since that time, Council has taken this issue back to the people for their input. She indicated that she would like to have the City provide some form of written communication to the residents regarding whatever decision is made this evening, and what will happen next. Goetten reiterated MrLyor ,Peterson's earlier statements about the fact that this meeting is not the last opportunity for residents to be heard on the issue of a new City facility. She assured the public that Council has given this issue a great deal of consideration, and would make an informed decision. Norm Paurus. 2500 Casco Point Road, stated that he would like 'Council to select the existing site for the new facilities in lieu of the Highway 12 location. He indicated that the majority oL Orono residents live south of Highway 12, and the existing location is more centrally located and convenient to the voting public: He said, "I would like to see the Council vote their conscience for the voting public and the citizens you will be serving for the next 50 years, rather than considering a site based on its 'convenience for the professionals to develop." Goetten asked Bernhardson if there have been any complaints from the residents regarding response time of the Orono Police from their location near Highway 12. Bernhardson replied, "There have been no such complaints of which I am aware. The squad ca --.s are deployed within, the Community at all times. The issue of response time may be more important if we were dealing with a Fire Department where all vehicles are dispatched from one location." Jabbour stated that prior to his election to the City Council, he had served on the Facilities Committee. He said, "One of the reasons I thought the Highway i2 site was more suitable was the fact that we could have all of the facilities on one site. The other issue was cost, and I had thought we may save money if we c1-1ose Highway 12 over the existing site. I would like to know tonight if that is in fact true. At our last meeting, Jack Boarman indicated that, if given a preference, he would select the existing site. .That made me wonder if the existing site is in fact less eX pensive than the Highway 12 site." Boarman explained that he had based that statement on a situation where Council considered the most important criteria to be that of centrality. Jabbour stated that as a member of the Facilities Committee he had reached his decision in a business -like manner, - 7 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #16)CITY FACILITIES CONTINUED considering finances, acid the ease in which a site would lend itself to development. Fie said, "I now find myself, as a Councilmember, getting more involved from a historical and more personal standpoint. The fact that City Hall has been here for many, many years, and this is where the citizen's come for City services, seems more important to me now. I would like to know if this site will in fact cost more to develop than the Highway 12 site." Boarman replied, "The cost issue involving development of this site and the sewer plant site, as opposed to the Highway 12 site, is very close to a wash. There are offsetting factors because each site has different development requirements. However, there are o -her criteria to consider, such as, size of the building, and the ability or need to further expand it, which comes back to cost. We developed a :wilding of 15,000 to 17,000 square feet based on the space study to meet the needs of the new administrative /police facility. It is possible to put a. building with that amount of square footage on this site, however, it will have to be two- stories, which will affect the cost issues. If Council agrees to place a one -story building with less square footage on this site, then there would be cost considerations for future expansion. This site would be more expensive •than the Highway 12 si.te if there is a need to expand in the future." Boarman went on to say that it is much more efficient to locate all facilities on one site, as opposed to split sites. It means having only one large parking area, one employee lunch room, better situated and utilized storage space, etc. He also noted that in cases where a public works facility is separated from the main administrative building, it is common for the public works director to have an office in each building. Callahan asked Boarman if in fact it would be possible to put all of the facilities on the existing site. Boarman replied, "No; that is not possible." Callahan said, "In other words, when you talk about comparable costs, you a3re referring to the cost of constructing only the administrative /police facility, to which would be added the public works facility cost. If the existing s_te we-re selected, it may be more expensive than locating all facilities on one site. We would need to either purchase additional property for the public works facility, and /or pay the cost for installing a well and sprinkler system in that building if it is located on the sewer plant property. We would also have the additional cast for a well to sprinkle the administrative /police facility. As I understand it, we can put both facilities on the sewer pi.ant p +_operty, which would .save the cast of a �pos.sible land acquisition and the cost of one well." I ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ('#16)CITY FACILITIES CONTINUED Bernhardson added that if both facilities were constructed on the sewer plant property, it would be necessary to consider the loss of funds resulting from t1ne inability to sell tizat property. Callahan said, "It seems to me that it would be more cost efficient to construct facilities on one site as opposed to two different locations. In light of that, and the additional costs for land acquisition and wells, I would think that the Highway 12 site would be less expensive." Boarman said, "The initial costs approach a wash between the sewer plant, Highway 12 and existing site." Bernhardson interjected, "It was my understanding that it would cost approximately $100,000 to $150,000 more to split the facilities between this location and the sewer plant site, than to place everything on Highway 12." Boarman stated that he considers that difference to approach a wash. Callahan asked Councilmembers for their. opinions -regarding construction of one or more facilities on the sewer plant property. Butler indicated that all facilities should be located in one place. Goetten did not think it wise to place the facilities in the midst of a residential neighborhood. Mayor Paterson and Jabbour stated that they would not object to one of the facilities being placed on the sewer plant property, but not both. Butler asked Boarman if Council should select the -existing site, what the plans and costs would be for a temporary facility that would allow' administrative functions to continue while a facility is constructed. Boarman replied, "We have included a rental factor of $35,000 to $50,000 into the schedule of costs for the existing site. That would allow a year of rental, heating and operations at another site. We have found it to be far more efficient to rent space off -site during the construction period." Butler ask-ad where, in light of the concerns involving the City Hall's central location, such a temporary site might be. Boarman stated that some cities have opted to rent retail 9 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #16)CITY FACILITIES CONTINUED space in strip malls, and other such alternatives. Butler noted that the City of Orono does not have a strip mall. Boarman indicated that it would then be necessary to locate the temporary operations outside of the City of Orono. Dave :Peterson urged Council to consider factors other than the $100,000 to $150,000 cost differenti_l n their decision - making process. He also s=ated that given the conditions of the existing Cite Hall, it may be appropriate for the City t.:> rent an alternate space as soon as possible, regardless of which site is selected. Susie Swanson stated that she has been a Casco Point resident since 1944, and that she resides within the Mound School District, shops in Navarre, has a Wayzata mailing address, but yet she resides within the City or Orono. Swanson stated that though the issue of identity is intangible, the present, central location of the, Orono City Hall gives her a sense of identity. She believed that some of O::ono's community spirit would be lost if the new facility is located up on Highway 12. Swanson suggested that it may be worthwhile to spend additional money to , retain a more neighborly quality. Curt Quady stated that the residents, voted in a new.Mayor and Councilmembers becau=se they did not like the process that was occurring with respect to the new facilities. He felt that the majority of Orono taxpayers wish to keep the Cite Hall in the existing location. Quady urged Council to select the existing site. Sam' Marfield s mated that he first moved to Orono 17 years ago because he liked the small -town government. He preferred to have Council choose the existing site, which holds sentimental value to him. April Wysocki agreed that a small -town atmosphere is better. She agreed, however, that it would be difficult, from an administrative standpoint, to locate the public works facility on the sewer plant site, and administration on the existing site. Ms. Wjrsocki also stated that she lives next to the sewer plant property and would not want the public works facility on that site. Steve Wilson stated that the Facilities Committee dedicated a lot of time to this issue and they have a vested interest in their recommendation. He said, "A number of people here this evening are urging Council to go against our recommendation. Our recommendation was the unanimous consensus of the 13 members of - 10 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #16)CITY FACILITIES CONTINUED the Committee,, who a,--e also residents of this Community. The Orono Planning Commission voted unanimously to adopt our r_•ecommendation. The only factor that really favors this site, as opposed to the Highway 12 location, is centrality. The initial, primary argument which favored this site was;that originally we thought it to be less expensive- One that was no longer the case, then centrality became the positive aspect. It would be one thing if this site could support all facilities. It cannot, and 10,000 square feet of building space will not be adequate. The Facilities Committee agreed with the consultants that 15,000 square feet is needed. If the City chooses a split site, there will be neighbor opposition to placing the public works facility at the sewer plant property." Rich Kiemen, 1212 Briar Street, asked what would happen to the buildings on the existing site if the Highway 12 site is selected. Mayor Peterson replied, "Council has not discussed what would happen to this property. It could be sold or converted entirely into'a park." Butler added that °_.here . are really no 'other options than those two. Jabbour indicated that the City has made a commitment to tearing down the- existing buildings, should another site be selected. Mayor Peterson added, "All of the buildings would come down, with the exception of the Post Office, and possibly this Council Chambers." Gary Printup, _1261 B:: iar Street, stated that there a.-.-e possible ways to expand the facilities should they be constructed on this site, such as purchasing adjacent parcels that come on the market for sale. Printup noted that was done in .the past ,to_..__._..., acquire the building in which City Hall now exists. Bill Wear expressed concern regarding the traffic congestion that,already exists on Highway 12. He stated that given that the Highway 11.2 property, on which the City has an option, is located on the north side of Highway 12, it will be difficult to access. Wear stated that 95% of Orono residents live on the south side of Highway 12 and would have to cross it, at what is a very bad intersection, in order to go to City Hall to take care of business they may have. Wilbur Anderson read a .letter that 27, 1918, regarding the property on which The letter refers to a restricted deed for - 11 - had been written March the City Hall now sits. Lot 3, Block 1, ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED Crystal Bay, Minnetonka, and i3 signed by a Lewis F. Page. Anderson asked Council if they have studied the records pertaining to the title of the City Hall property, and stated that perhaps nothing else can be done with the property. Rich Wysocki expressed concern regarding the effect the 12 inch well installed on the existi g site, should it be chosen, would have on other wells in the area. Jabbour advised Mr. Wysocki that the well would only be utilized in the case of a fire. Norm Paurus again urged Council to consider the existing site. Goetten stated that it is sometimes difficult for people to accept change. She said, "I think Council would be extremely short - sighted if we selected the existing site and the sewer plant property on Old Crystal Bay Road. Whatever facilities we do construct, will have to last and be adequate to serve for a very long time. I do not agree with the aspect of granting ourselves Variances for this property. S:iould Council select the Highway 12 site, that does not mean we are going to construct an enormous, fancy facility. W:: are planning a residential -style building in keeping with Orono's rural character. The City of Orono is growing, and it is the property north of Highway 12 that is being developed. If it were possible to construct all of the facilities on this location, I would be in favor of that. However, that is not the case, and in my opinion, the Highway 12 site best suites our needs now and for the future. I base that opinion on the various reasons that have been discussed this evening, as well as the fact that it. does not make sense to locat:� a new facility in a residential area. Such a facility belongs in an area that has other quasi- commerical facilities." Butler indicated that she agrertd wholeheartedly with Councilmember Goetten's opinion.. Callahan stated that he, and Mayor Peterson, had favored the existing site from the beginning of this process, and that for the most part, he had based his opinion on cost factors. He said, "After Council had voted - to exercise the option on the Highway 1.2 s-ite, I became uncertain about the costs, and though I still favored this site, there was the associated problem of locating the public works department. I do not object to having a split site, nor do -I see the need to grant Variances for this site as a problem. Due to the decaying nature' of the existing public works building, it is imperati=ve that we do whatever is necessary to provide an alternate facility. Such a facility will not fit on this site, so it would be necessary to purchase other property, or locate it on the Crystal Bay sewer plant property. - 12 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #16)CITY FACILITIES CONTINUED I do not agree with the sewer plant property because that area is residential, and neighborhood opposition has been expressed. Due to the costs involved with splitting the sites, it was my understanding that there would be a savings in the up -front costs of the H:_ghway �12 s .te, as will as the obvious efficiency of having all facilities on the same site. AS I came here tonight, I was of the opinion, that the building would have to go on the Highway 12 site. I am of the opinion, however, that the buildings, if constructed on Highway 12, should be located on the southwest quadrant, rather than on the north side. At this poilt in time, I am now not certain that there will be much of a difference in the up -front costs of the Highway 12 site versus the existing site. Now I am baffled. If the economic reason is not as I thought it was, then I would just as soon locate the buildings on this site." Jabbour reiterated= that he had favored the Highway 3.2 site When had was pert of the Facilities Committee. He based that opinion on the cost '.factors, as well as his opinion that there should be no condemnation involved with this process, the public works facility should nut be placed iJa a residential neighborhood, and -he did not favor the City granting itself Variances. He said, "As a result of those various factors, it became apparent, through process of elimination, that the H:_ghway ,.2 site was most suitable. After being elected to Council, I became more aware of the historical significance of the existing site. I am now in the same situation as Councilmember Callahan. I am still not sure whether we will save money if we construct the buildings on the Highway 12 site." Mayor Peterson stated that she has always favored the existing site for police and administration, and h -id the understanding that the casts for this site and the H=_ghway 12 site would be approximate.'_y the same. She said, "I went back and looked at the Comprehensive Plan, and it makes a statement that the City.facilities should be unpretentious.__.I do not-think the Highway 12 site would facilitate a structure that,- in the eyes :of the Orono residents, would be unpretentious. I believe that our Community has a great historical value in the existing site. ; In my opinion, thoug_z I think I am in the minority, this will continue to be the site I favor for the sake of preserving the character of Orono, and the fact that this site is centrally located. I believe that a police /administration building could be constructed on this site without the need to grant ourselves Variances." Butler asked Mayor Peterson where she would eavision.the public works facility if this site were selected. Mayor Peterson stated that there have been no discussions - 13 - • ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #16)CITY FACILITIES CONTINUED about the possibility of locating the public works in Navarre next to Hennepin County's public works facility on County Road 15. She said, "That would be an option, however, I do favor the Crystal Bay sewer plant property because I do not think we will be able to sell it due to the building that now exists on it." Bernhardson suggested having Jack Boarman display the information showing the cost comparisons for the various sites. Boarman displayed the information showing costs for all of the options and possible combinations for sites, a,.-id briefly explained the basis of the figures shown. It was , moved by Mayor Peterson, seconded by Jabbour, to select the existing Crystal Bay site for police /administration, and the Crystal Bay Road sewer plant site for public works. Butler cautioned Mayor Peterson to be sure that her motion is a business decision, rather than an emotional reaction, so that the significant amount of money spent, will be spent wisely. Butler informed Council that she has worked in a situation with a split work site and it proved to be an extremely inefficient and cumbersome method of doing business. S *Lne stated that she would be in favor of the existing site if it had adequate 'area to accommodate all facilities. Callahan stated that he too had experienced working with a split site mode of business and found it to be difficult. Motion, Aves -2, Butler, Goetten, and Callahan, Nay. Motion failed. It was moved by Jabbour, seconded by Goetten, to direct Staff to acquire they Highway -1.2 property, on which the City now has an option, and commence preparation of the design plans for the facilities, which are to be reviewed by Council. Callahan reiterated that he would prefer to acquire the southwest quadrant of property and loca::e the facilities in that area. He stated that he did not favor burying the City Hall in with the School facilities, which is related to a wider and different community than that of.-the immediate City. By locating the .City Hall on the southwest quadrant, it will give it somewhat of its own identity. Jabbour stated that he would have concerns about how future upgrades to Highway 12 may impact the property can the south side of Highway 12, in light of the School site on the north side. Goetten stated that in light of the condition of the existing public works facility, the process should progress with as little delay as possible. She added that the City was not successful in its last attempt to secure the property in the southwest quadrant, and would not want to waste time trying it again. There was discussion as to when the option on the Highway 12 property should be exercised. Jabbour suggested waiting until the building permit is: ready to be issued. Boarman stated that there is a threo -weak to thirty -day requirement for bidding. any construction. He suggested that the City should control.the - 14 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #16)CITY FACILITIES CONTINUED property prior to going out for any bids. Jabbour suggested that the option be exercised when Staff and Council feel it is appropriate to do so. Motion, Ayes -3, Mayor Paterson, Callahan, Nay. Motion passed. ( #17)STUBBS BAY SEWER . Bernhardson informed Council that interest had been expressed by others wishing to participate on-the Stubbs Bay Sewer Citizens Committee. He provided, for Council's .consideration, a draft Charge, which would assist in the direction of the Committee. Bernhardson also presented Council with updated information pertaining to the City's alternate method of addressing the Ziesmer's situation. Goetten asked if there were any persons interested in serving on the Citizens Committee present this evening. Joyce Otten, a property owner on Crestview Avenue, indicated that she would like to join the Citizens Committee, and that she had sent a letter to the City expressing her interest. It was the consensus of Council to appoint Ms. Otten to the Stubbs Bay Sewer Citizens Committee. Mayor Peterson introduced Ms. Otten to Dave Peterson, Committee Chair. Council also indicated that they agreed to the draft Charge as presented by Bernhardson. It was moved by Callahan, seconded by Mayor Peterson, to adopt a Charge for the Stubbs Bay Sewer Citizen: Advisory Committee to focus its deliberations with an initial response back to the Council by the forepart of July. All vot-ad aye. Motion passed. ( #18)PARK COMMISSION RECOMMENDATION- BEDERWOOD PARR Dick Flint, Jim Gilbert, Gary Larson, Todd Haugen, Liz Levang and Sherokee Ilse were present for this matter. Bernhardson informed Council that= Todd Haugen had requested Council's review of the Park Commission's recommendation to approve a request by the Orono Baseball Association to add another day, Saturday, from approximately 10:00 a.m. to 2:00 p.m.,'to their scheduled use of Bederwood Park. Goetten stated that it was her understanding that the Park Commission was to review this issue, but'that they were to make a recommendation to Council, who would have the final word. Mayor Petersen agreed with Goetten, and add-ad that the annual review of OBA's use of Bederwood Park was also to .come before Council for their decision. - 15 - 1 ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #18)BEDERWOOD PARR CONTINUED Goetten and Callahan concurred with Mayor Peterson, that such was their understanding as well. Mayor Peterson stated that she and Councilmember Goetten had attended the May 7, 1991 Park Commission meeting where this issue was discussed. She informed Council that in addition to the issue of days the OBA could use Bederwood Field, there was also some question as to whether the use was to continue for three years, including the 1930 season, or for three years starting with the 1991 season. Callahan was of the opinion, from reading the minutes of the March 26, 1990 Council meeting, that OBA's use-of Bederwood Park was to end with the conclusion of the 1992 ball season. Mayor Peterson indicated that such was her understanding, but that Gary Larson had understood that the 1990 season was not included. Goetten informed Council that Gary Larson had.talked with former Mayor Grabek, who indicated that the intent of the motion he made was to allow OBA to use the field through 1993. Dick Flint advised that the Park Commission has not taken a position on the 1392/1993 issue. Jabbour asked, "Is it not true though that a determination should be made in that respect? It seems that issue is driving other issues." Flint replied, "We felt that in light of this issue being reviewed on an annual basis, determining a specific deadline was not necessary at this point." Mayor Peterson explained, "The annual review was included as a requirement to nudge OBA toward working on their master plan with the School D_ strict." Flint added, "That was not to be the only purpose for the annual review. It was also to-serve as means to find. out if there were any problems with the program." Butler ask-ad if the program is in fact being run in an appropriate manner. Flint replied, "There were some issues raised, and a number of compromises and agreements made between OBA and the residents. One of those issues involved the use of a bull horn. Another agreement made was that OBA would post their schedule at the Park so the neighborhood could plan accordingly." - 16 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #18)BEDERWOOD PARR CONTINUED Callahan added, "As I understand it, OBA was serving food from the concession stand which caught the attention o Health Authority, who then approached the City. That has since been corrected." Gary Larson stated that prior to this meeting, the OBA and neighbors had some positive dialogue. OBA is trying, to get the residents to put their energy toward the mutually beneficial solution of finding OBA a permanent site, rather than focusing on the problems with the existing site. Larson indicated that there is some momentum building with this School Board for the School property. Goetten commended Larson and the neighbors for taking the time to talk together. Liz Levang agreed that the exchange of verbal communication between' the 'two groups- was positive. She wanted to remind everyone, however, that this is not just an issue involving the Bederwood Park area residents, it involves the general public. Levang stated that the neighbors have tried to assist the OBA with their efforts to secure the School property, which is best suited to this kind of use. She said, " Bederwood Park' does not lend itself well to this kind of use, and it goes against the Comprehensive Plan. Bederwood is a neighborhood park and its use by OBA turns it more into a community playfield. The best times for most people to use the Park are the same times that OBA is using the Park. The neighbors agreed that they could live with this use through the 1,392 season. If that is going to change, we need to know when we can expect OBA to leave so the Park can revert back to its original use." Butler asked if the participants in OBA's program are all from the Orono School District. Mayor Peterson stated that is correct. Butler referred to earlier conversation regarding the City facilities and the need for Orono to have an identity. She stated that programs such as the OBA's are one way to give Orono an identity. To the Bederwood Park neighbors Butler said, "I know that situations are always worse when they are happening in your front yard. However, keep in mind that what you are arguing about, is constructive recreation of 9 through 12 year old children on an organized basis that gives them a focus and something of which to be proud, and something to achieve other than building pipe bombs. I have four sons and am grateful for programs such as that of the OBA." It was moved by Butler, seconded by Mayor Peterson for the purpose of discussion, to adopt the Park Commission's - 17 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#18)BEDERWOOD PARK CONTINUED recommendation -j.n its entirety. Mayor Peterson noted that she served on the Par!," Commission at the time Bederwood Park was being developed. At that time, there was a desire to have a Little League field within the City of Orono. It was intended that Bederwood Park would fulfill that need. S.ie said, "I agree with statements made by Councilmember Butler. I believe that this is what we, as Orono residents, can contribute to OBA." Goetten urged the neighbors and OBA to continue working together toward the permanent solution. All voted aye. Motion passed. Weldon Dunn expressed concern regarding parking that is now occurring on the east side of Stubbs Bay Road. Goetten stated that she too has been concerned about the safety problem with the parking situation, and asked John Gerhardson to review the area again for a possible solution. Jabbour commented that playing baseball in the Park is appropriate as long as such a use does not totally dominate the Park. He said; "This is supposed to be something fun for the entire community, not a win /lore situation. I also urge both parties to work toward a mutually beneficial solution. I do think Council should send a message to OBA that there is a time pressure for finding an alternate site." Charlie Kelley asked if it would be appropriate for the City of Orono to gat involved with acquiring land for a ;community playing field facility. Dick Flint st-ated that Bederwood Park is a neighborhood park, and no= a community playfield. He noted that the Park Commissior is working to develop a community playfield at the School, and has worked with the School District toward that goal. He informed Council that tree proposal they have before them, drafted b %, Gar-_v Larson, has been presented to the School Board. ( #19)LAKE USE COMMITTEE It was moved by Callahan, seconded by 'Mayor Peterson, to accept the information presented. All voted aye. Motion passed. ( #20)CITY COMMUNICATIONS It was moved by Callahan, seconded by Goetten, to table this item until the May 28th meeting, and direct Staff to place it on the agenda so it will bf. discussed earlier in the meeting. Goetten asked that Staff prepare a written communication to the residents informing them of Council's vote on the facilities site selection. All voted aye. Motion passed. ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ( #21)POLICE CHIEF SELECTION PROCESS It was moved by Callahan, seconded by Butler, to accept the information presented, and table this matter until the May 28, 1991 Council meeting. All voted aye. Motion passed. ( #22)LIQUOR VIOLATION REVIEW PROCESS It was moved by Jabbour, seconded by Mayor Peterson, to table this matter until May 28, 1991, to give the City Administrator and City Attorney the opportunity to further discuss it. All voted aye. Motion passed. ( #23)PATROL OFFICER CONTINUED EMPLOYMENT It was moved by Jabbour, seconded by Mayor Peterson, to confirm the extension of Of=ficer Timothy Roberts in a temporary status until such time as either he or another person is appointed and has commenced work in the capacity of a regular appointment. All voted aye. Motion passed. ( #24 *)SEWER /WATER RATES - ORDINANCE AMENDMENT 95, SECOND SERIES It was moved by Goetten, seconded by Butler, to adopt Ordinance #95; Second Series, setting fee changes for select water and sewer rates effective July 1, 1991., All voted aye. Motion passed. ( #25 *)HIGHWAY 12 CORRIDOR STUDY It was moved "by Goetten, seconded by Butler, to accept the information presented regarding the upcoming May meetings for the Highway 12 Corridor Committees. All voted aye. Motion passed. ( #26 *)MUNICIPAL BOARD PROCESS It was moved by Goetten, seconded by Butler, to accept the information presented regarding the Municipal Board process. All voted aye. Motion, passed. ( #27 *)EMPLOYMENT OF COMMUNITY SERVICE OFFICER It was moved by Goetten, seconded by Butler, to authorize Staff to hire David Joseph Goman as a part -tire employee, assigned to beck up the Community Service Officer duties with a salary not to exceed $3;400 _'_n 1991, or $5.,100 yearly thereafter, at a rate of $5.304 per hour with no benefits. All voted aye. Motion passed. (#28 *)EMPLOYMENT -PARK DEPARTMENT It was moved by Goetten, seconded by Butler, to authorize Staff to employ John Klevann Jr., 6925 County Road 26, Maple Plain, as a temporary Parks maintenance helper a= an hourly rate of $5.00 effective May 6, 1991. All voted aye. Motion passed. (#29 *)PUBLIC WORKS DIRECTOR -CAR ALLOWANCE It was moved by Goetten, seconded by Butler, to establish a mileage allowance for the Public Works Director at an amount of $235.00 per month, commencing in May, 1991, in lieu of continuing - 19 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#29*)PUBLIC WORKS DIRECTOR-CAR ALLOWANCE CONTINUED to provide a 24-hour vehicle for h.Jj_s usage. The CIty Council further authorizes a budget amendment to accommodate the mileage allowance in lieu of the car. All voted aye. Motion passed. (#30*)CUSTOMER SERVICE RESPONSE It was moved by Goetten, seconded by Butler, to accept the information presented by Chieff Kilbo regarding customer service responses. All voted aye. Motion passed. (#31*)ADMINISTRATOR'S INFORMATION T:t was MOVed,by Goetten, -seconded by Butler, to accept the City Adminiistraito'r-s ir�fo�mation regarding.- Southwest. Drug Task Force, Minnetonka Beach Sewer/Water, Hours of Operation/Rennel, and Administrator's Goal Setting Status. All voted aye. Motion passed. CITY ATTORNEY'S REPORT: None. (#32*)LICENSES It was moved by Goetten, seconded by Butler to approve the following license(s): One Day Set-up: Minnetonka Center of the Arts 2240 North Shore Drive May 23, 1991-6:00 to 8:00 p.m. Gallery Dedication :.?. Art Exhibit Garbage & Refuse Collector: 3lackowiak & Son 1195 Sunnyfield Road North Mound East Tonka Sanitation P. 0. Box 242 Long Lake 400dlake Sanitary Service, Inc. 4000 Hamel.Road Hamel Residential Kennel: Robert Rossing 130 Cygnet Place Long Lake All voted aye. Motion passed. (#33*)BILLS It was moved by Goetten, seconded by Butler, to approve payment of the All Funds Account. All voted aye. Motion passed. - 20 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 EXECUTIVE SESSION At 10:25 p.m. City Attorney Barrett requested that Council adjourn to arz Executive Session fir the purpose of discussing pending litigation. ADJOURNMENT ti It was moved by Butler, seconded by Callahan, to adjourn the Regular Council Meeting at 10:35 p.m. All voted aye. Motion passed. Barbara A. Peterson, Mayor -- 21 - a