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HomeMy WebLinkAbout06-10-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 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 Gerhard.son, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. (#1 *)CONSENT AGENDA Callahan requested that item #16 be added to the Consent Agenda. Butler asked that item #2 be removed from the Consent Agenda. Mayor Peterson requested that itefa #10 be added to the Consent Agenda. It was moved by Butler, seconded by Goetten, to approve the Consent Agenda, with the exception of item #2, which was removed and discussed in the sequence shown on the Agenda, and with the addition of item #10 and #16. All voted aye. Motion passed. ( #2)APPROVAL OF MINUTES: It was moved by Butler, seconded by Mayor Peterson, to table the minutes of the Regular Council Meeting held May 28, 1991. All voted aye. Motion passed. PLANNING COMMISSION COMMENTS: Planning Commission Representative, Charlie Kelley, was present, but had no comments at this time. PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: (4 3)ZONING FILE #1545- TOM /MARY LOU LUTZ 258 CYGNET PLACE VARIANCE- RESOLUTION #2968 Tom Lutz was present. Bernhardson briefly explained. the Lutz's proposal and the related Variances being sought. Butler asked Mr. Lutz if he had reviewed the proposed Resolution and whether he agreed to the provisions within it. Lutz expressed concern regarding condition #1 which states - 1 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 (#3)ZONING FILE #1545 -LUTZ CONTINUED that the current Planning Commission would not look favorably on future setback Variance requests to expand further into the south yard of the Lutz residence. Lutz indicated that including such a statement in a document that will be filed with his chain of title could have an impact on his ability to sell his home. Callahan agreed that such may be the case, but that the City wants future owners of the property to be aware of the improbability of the- Planning commission recommending approval of a Variance involving the south yard. Jabbour added that any future owners of the Lutz property could be made aware of this condition by simply reading the minutes from this meeting and' the Planning Commission meeting, which are public information. He also advised Mr. Lutz that when the time comes to sell his property, there may be different members on the Planning Commission and Council who would view another Variance request in another light. Goetten informed Mr. Lutz that he would still have the ability to seek Variances for .other locations on his property. The condition specifically refers to the south yard. Mayor Peterson advised Mr. Lutz that it is not uncommon for such wording to be included in resolutions approving land use Variances. Gaffron noted that members of City Staff have suggested it may be more appropriate to substitute the words "the City" for the words "this Planning Commission" in Condition #1. He asked Council for their opinion in that regard. It was Council's consensus that the words " the City" should be used. It was moved-by Butler, seconded Resolution #2968, granting a side setback three - season porch, and side and rear seven foot, six inch screening wall, as substitution of the words "the City" in Commission ", as requested by Council. passed. ( #4 *)ZONING FILE #1551- ROBERT WAADE 998 WILDHURST TRAIL FINAL SUBDIVISION - RESOLUTION #2969 It was moved by Butler, seconded Resolution #2969, approving the Plat of, voted aye. Motion passed. - 2 - by Jabbour, to adopt Variance to construct a setback Variance for a amended to reflect the lieu of "this Planning All voted aye. Motion by Goetten, to adopt Wildhurst Estates. All: ,, T , t ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #5)ZONING FILE #1600- RICK'S SUPER VALU 3333 SHORELINE -DRIVE REVIEW OF AMENDED COMMERCIAL SITE,PLAN Rick Bloomquist, Lyle Fuller, and Bruce Kelly were present. Bernhardson advised that the proposed revision pertains to eliminating the retaining wall for the loading dock shown in the original plans by grading within the unused portion of Kelly Avenue right -of -way. The revised plan now shows a reduction in the grade, but still includes plantings. of evergreens to screen the loading dock area. Mayor Peterson asked Cook if the revised plan will pose any problems from an engineering perspective. Cook replied, "No, this should not create any problems, however, it will be necessary to work with the Watershed District on the drainage." Bruce Kelly informed Council that he had spoken to Ron Quanbeck of the Minnehaha Creek Watershed District, and had submitted the revised - proposal to him. He said, "We are still within the Watershed District's criteria, and Mr. Quanbeck did not see the need for the amended grading /drainage plan to go back before their Board for review." - Piabusth stated that the City must have written confirmation of the Minnehaha Creek Watershed District's approval of the revised plan. Kelly indicated that written confirmation would be forthcoming. It was moved by Goetten, seconded by Jabbour, to approve the amended Commercial Site Plan for Rick's Super Valu, subject to the City receiving written confirmation from the Minnehaha Creek Watershed District indicating they approve the amended plan. All voted aye. Motion passed. ( #6A *)ZONING FILE #1615 -KEN HOPKINS /GARY MROZ 59 FERNDALE GREEN FINAL SUBDIVISION - RESOLUTION #2970 It was moved by Butler, seconded by Goetten, to adopt Resolution #2970, approving the Plat of Fairway Hills Addition. All voted aye. Motion passed. ( #6B *)ZONING -FILE #1616 -KEN HOPKINS /GARY MROZ 59 FERNDALE GREEN CONDITIONAL USE PERMIT /VARIANCE- RESOLUTION #2971 It was moved by .Butler, seconded by Goetten, to adopt Resolution #2971, granting a Variance and Conditional Use Permit, allowing the installation of an access drive and sewer and water - 3 - t ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #6B)ZONING FILE #1616 - HOPKINS /MROZ CONTINUED lines within a designated wetland involving land alterations in excess of 100 cubic yards. All voted aye. Motion passed. ( #7)ZONING FILE #1639 - WILLIAM /ELEANOR FERRIL 240 WAKEFIELD ROAD VARIANCE- RESOLUTION #2972 William Ferril was present. Bernhardson reviewed the issues involved with the Ferril's Variance application to construct a greenhouse and deck as outlined in.Michael Gaffron's June 3, 1991, memo. He noted that the Planning Commission had recommended approval -of this application. It was moved' by Callahan, seconded by Goetten, to adopt Resolution #2972, approving setback Variances to construct a deck and greenhouse. All voted aye. Motion passed. ( #8)ZONING FILE #1642 -KEITH AND NOLA SWANSON 75 STUBBS BAY ROAD NORTH VARIANCE- RESOLUTION #2973 Keith and Nola Swanson were present. Bernhardson summarized the information outlined in Gaffron's June 3, 1991 memo pertaining to Swansons' application for lot area, lot width and side setback Variances to construct a new home. He stated that the Swansons wish to locate the new house on their property in such a way that there will be a maximum setback from the drainfield. Gaffron displayed a sketch showing where the primary and alternate drainfield sites are located. He stated that in order to'maximize the separation between the house and drainfield site, the house would be setback only 40 feet from the south lot line, rather than 50 feet, as required. Goetten asked Gaffron if the new house will "be constructed entirely on the original parcel owned by the Swansons in order to accommodate adequate area for the new drainfield site. Gaffron stated that is correct, the adjacent parcel recently acquired by the Swansons will lend itself well for the new drainfield sites. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2973, granting lot area, lot width and side setback" Variances to construct a new residence. Mayor Peterson asked the Swansons if they had any questions pertaining to the Resolution. Swansons indicated.they had none. All voted aye. Motion passed. - 4 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 (#9)ZONING FILE #1645 -A.J. GRAF 2008 SUGARVIOOD DRIVE REQUEST FOR CURB CUT Mr. Graf was not present for the review of this application. It was moved by Butler, seconded by Jabbour, to table this application until such time that Mr. Graf can be in attendance. All voted aye. Motion passed. MAYOR /COUNCIL REPORT: ( #10 *)CITY ADMINISTRATOR'S RESIGNATION As requested by Mayor Peterson, this item was added to the Consent Agenda. It was moved by Butler, seconded. by Goetten, to formally accept the resignation of Mark Bernhardson as City Administrator, effective no later than July 28,- 1991. All voted aye. Motion passed. ( #11)CITY ADMINISTRATOR'S SEARCH PROCESS Bernhardson presented Council with an addendum to the existing contract with Sathe Associates that would now include the search for a new City Administrator, as well as a new Chief of Police. Butler asked Bernhardson if Jim Brimeyer had submitted an ad for the position. Bernhardson advised that the announcement had been prepared, but an ad had not been submitted. Butler stated that she would like Brimeyer to include a more specific reference to Metropolitan experience (i.e. the Metropolitan Council, Metropolitan Waste Control Commission, Minnesota Department of Transportation, etc.) Council agreed with.Butler. It was moved by Jabbour, seconded by Mayor Peterson, to approve the addendum to the Sathe & Associates contract to add the search for a new City Administrator, as outlined in Attachment A of Mark Bernhardson's June 5, 1991, memo, including the specific reference to Metropolitan experience as requested by Councilmember Butler. All voted aye. Motion passed. CITY ADMINISTRATOR'S REPORT: (112)OPTIONAL SALES TAX- RESOLUTION #2976 Bernhardson referred Council to his May 31, 1991 memo pertaining to this issue. He stated that regardless of what action is taken on the part of the County Board, the various - 5 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #12)OPTIONAL SALES TAX CONTINUED cities throughout the County have until August 1, 1991, to reverse that action. *He said. "If the communities representing a majority of the population within the County adopt resolutions that go against whatever action is taken by the County Board, then the communities will prevail effective August 1, 1991, and the tax would be removed effective January 1, 1992. As it stands now, the sales tax will be raised 1/2 percent on July 1, 1991. If the County and /or cities support resolutions opposing the 1/2 percent sales tax, the tax would be removed December 31, 1991. If such is the •case, the various cities and County will lose whatever aid there is." Butler stated that in reality the sales tax is not optional. Goetten agreed and expressed disappointment in the State Legislature -for passing this issue to the municipal level as opposed to handling it themselves on the State level. Callahan asked Bernhardson what the City of Orono is currently receiving for'State Aid. Bernhardson replied, "Right now, the City of Orono does not receive any Local Aid or Homestead Credit in 1991. Part of this package is a buy -down in the classification rate from 3% to 2h% in 1992, and 2% in 1993. In 1992, the City would receive an estimated $91,000 which would be used to purchase that buy -down. If that money is not distributed in Hennepin County, instead of receiving that $91,000 to buy -down 1/2 a percent, that amount would be spread over the rest of the Orono City tax base. This means that anyone with taxes under 3% would increase. In 1993, under what is now the vetoed distribution formula, the City was supposed to receive approximately $240,000, which is to buy -down from 2�% to 2%. It will make a significant difference if that distribution formula is used." Jabbour stated that it seems. the State Legislature has no concern about the number of Minnesotans who are spending their money outside the State to avoid sales tax. There is a major loophole in the system. Butler asked Bernhardson for his recommendation regarding Council's action relative to the draft resolution. Bernhardson replied, "The Council may chose to take no stand at. this point. I base that statement on information I have received indicating that the communities representing a majority of the County population have already adopted resolutions supporting the implementation of the 1/2 percent sales tax. Based on that, the County will more than likely approve the local option sales tax. '.:mss= ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #12)OPTIONAL SALES TAX CONTINUED Butler and Goetten preferred to have Council take a stand on this issue. . Callahan suggested that Council vote against implementation of the 1/2 percent sales tax. It was moved by Callahan, seconded by Mayor Peterson, that Council conceptually adopt a resolution recommending that the County Board oppose the 1/2 percent Local Option Sales Tax by adopting Resolution #2976. Staff is directed to prepare an appropriate resolution. All voted aye. Motion passed. ( #13)LAKE USE COMMITTEE Bernhardson indicated that Councilmember Callahan had been appointed Chair of the Lake Use Committee, and suggested that he may wish to update the Council of the Committee's progress. Callahan reported that the four members appointed at Council's May 28, 1991, meeting (Callahan, Goetten, Jabbour, and JoEllen Hurr) held a brief meeting to discuss further appointments to the Committee. It was agreed that Charlie Kelley and Charles Schroeder from the Planning Commission should be asked to serve on the Committee and both accepted. Callahan said, "The Committee then discussed what our main focus might be. We determined that the LMCD, the Shoreland Regulations, and Marina licensing and operation policies were some of the issues we would like to address. We scheduled a meeting for June 18, 1991, which will be the first meeting of the full Committee. At that meeting we intend to draft a general purpose statement for the Committee. We also asked to have the City Administrator attend that meeting to discuss with us the progress the City is making on the Shoreland Regulations." Goetten added that the primary concern of, and purpose for, the Lake Use Committee is to address the environmental issues that have an impact on Lake Minnetonka. Jabbour said, "Management with ecology in mind." Mayor Peterson thanked Charlie Kelley for agreeing to serve on the Lake Use Committee. Jabbour stated that he had recently talked with the Mayor of the City of Tonka. Bay who expressed concern regarding the increase in the LMCD's financial levy to the 14 Lake Minnetonka Communities. Jabbour stated that the -Mayor would bec calling a meeting to discuss that .issue and that he believes that the cities need to have a substantial upper hand on what the LMCD does with their budgeting process. The Tonka Bay Council's idea of a solution to the problem is to entirely eliminate the LMCD. - 7 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ($13)LAKE USE COMMITTEE CONTINUED Callahan stated that the City of Orono has not received their copy of the LMCD's budget information, but that the Lake Use Committee will discuss the issue once the information is presented. It was moved by Jabbour, seconded by Mayor Peterson, to appoint Charles Kelley and Charles Schroeder to the Lake Use Committee. Callahan noted that minutes of the Lake Use Committee meeting will be prepared and distributed to Councilmembers. Butler asked Barrett about a conflict with the Open Meeting Law since three of the Lake Use Committee members are Orono City Councilmembers. Callahan stated that notice of the Lake Use Committee meeting recently held was published and the intention is to continue in that manner. Barrett stated that as long as the public is notified of the meetings, there should be no legal problem. All voted aye. Motion passed. ( #14)HIGHWAY 12 CORRIDOR STUDY Bernhardson presented Council with a schedule of the upcoming meetings for the Highway 12 Corridor Committees. Bernhardson reported that he and Councilmembers Goetten and Butler had met with the Commissioner Riley of the Minnesota Department of Transportation, Commissioner MacNamara, and the Chief - Engineer for Metro District, William Crawford. He said, "To summarize, MNDOT indicated that they are a client - oriented department with the clients being both the communities through which the State Highways pass and the public that utilizes those highways. In that vein, MNDOT desires the communities involved to sit down and work out a solution by the end of the year. If that does not occur, MNDOT will select a corridor it feels is most appropriate." Goetten and Butler stated that Bernhardson's accounting of the meeting and MNDOT's tenor was exact. - Butler added that Bernhardson had done an excellent job at the meeting and had given the Commissioner and his staff_ a 15 minute synopsis of the Orono /Long'Lake-area•: In addition to-Bernhardson's presentation, Butler stated that she and Goetten made an attempt to be rational, non - judgmental, and as positive as possible. She said that the Commissioner told them that they had to work with the City of Long Lake to iron out the differences that exist between the two cities.. *She suggested to the Commissioner and his staff that when -a joint meeting between the City of Long Lake and Orono takes place, that a MNDOT staff member, present at the June 7th meeting, be in attendance strictly to observe. Butler stated that a further recommendation was -made to have Commissioner Riley take the same tour of the Orono /Long Lake ,area that Commissioner Levine had taken. . Goetten stated that Commissioner Riley had been a resident of Tonka Bay for approximately six months so he was somewhat ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #14)HIGHWAY 12- CORRIDOR CONTINUED familiar with this area. Goetten commented that the Commissioner had told her he had gone over each of the proposed corridors himself. Goetten pledged to sit down and work with the City of Long Lake in an attempt to reach an agreement. Otherwise, as the Commissioner stated several times during the meeting, MNDOT will make a decision early next year. She informed the Commissioner that should the south bypass continue to be an option that goes into the environmental impact statement phase, that every resident in Orono would contact him to express their opposition. Goetten stressed the importance of having a planned strategy before the next meeting takes place and getting some form of communication out to the entire community as soon as possible, especially to those residents that do not reside close to the proposed corridors. Jabbour indicated that he' has learned from talking with people that Orono citizens living near County Roads 15 and 19 are being lobbied by other cities. He said, "Several people have told me that the position taken by the City Council will add traffic in their front yards. I told those people that the position was taken on behalf of�the entire City, and it was based on the comprehensive planning_ that has been done since Orono became a city. It is up to the residents to do whatever is necessary to keep informed and to understand why we took the position we did. There are other sources giving these people incorrect information. I think it is also important to state for the record that officials from the City of Orono have met several times with officials from the City of Long Lake to discuss the Highway 12 Corridor issue." Goetten stated that Commissioner Riley has been informed of Orono's past meetings and efforts with the City of Long Lake. Bernhardson stated that his May 31, 1991, memo also addresses the issue of the deletion of routes, which will be the next step taken at the upcoming Committee meetings. Bernhardson said,' "The two northern routes do not do much in terms of addressing traffic limits for the current corridor. The Highway 55 route would allow traffic to increase from the current 18,000/19,000 to approximately 25,000 cars per day. The County Road 11 route, although it does reduce traffic counts down to 11,000 on the current corridor, it does so 'at the expense of doubling traffic on County Road 6. The question is whether that meets transportation objectives. As far as County Road 6 and the south bypass, it could be argued that those may meet transportation objectives, but it is at the expense of adding traffic to certain north /south routes such as Willow, Old Crystal Bay, and Brown Roads, which would experience five to seven times the current volumes. I think one could argue that transportation objectives•are not being met. In the southerly route °volumes are approaching 44 to 46 thousand cars a day, which then calls for an ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 (#14)HIGHWAY 12 CORRIDOR CONTINUED upgrade beyond a four -lane highway. I would think at a minimum that the City should be in favor of deleting Highway 55,. and County Road 11, and possibly County Road 6 and the south bypass based on an inability for those routes to meet traffic objectives. However the arguments supporting the deletion of County Road 6 and the south bypass may not be shared by the other communities." Sherokee Ilse asked Council if they were going to take the position for deleting corridors suggested by the City Administrator. She indicated that the Citizens Group had met with the Long Lake Residents Group. She said, "At the meeting we put together three pages of items to which there was mutual agreement, and three pages of items to which the City of Long Lake disagreed.- One of the items in which the City of Long Lake is interested is the idea of shared transportation burden. This means that County Road 6, Highway 12, and Highway 55 would be upgraded and designated to address various aspects of traffic. It seems that may be one of the main issues that the two groups could. agree to, but if we delete Highway 55, that would not be possible. We agreed at the meeting that we would encourage PINDOT to take a serious look at the possibility of .upgrading both Highway 55 and Highway 12. I would urge the Council *to think hard about Highway 55 to see if we cannot convince MNDOT to look at that option first." Bernhardson stated that upgrading Highway 55 would not pull enough traffic off of Highway 12. The projections are still at 25,000. There are traffic problems - with the current traffic level on Highway 12, which is 18.000. Bernhardson commented further that if P4NDOT spends money to make a link in Delano between Highway 12 and Highway 55 that they would be reluctant to spend additional funds to do any additional upgrades to Highway 12. Mayor Peterson indicated that she had met with Larry Dallam and his comments echoed those just made by Bernhardson. Highway. 55 is too far north to pull traffic off of Highway 12, and for that reason, Highway 55 is not a viable route. Ilse stated that she is leery of using MNDOT's rationale and that there are still many questions to be answered about traffic levels on Highway 12. Goetten stated that it may; not be, wise for the City to take a position on deleting any routes other than the south bypass if it is to have successful negotiations with the City of Long Lake. She said, "It is true we have been getting some negative feedback about the shared transportation burden option, but perhaps that will be the final resolution. Even though it may be true that Highway 55 will not take enough traffic from Highway 12, there - 10 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ($14)HIGHWAY 12 CORRIDOR CONTINUED are discussions about upgrading Highway 55 in the future." Callahan stated that the City has taken a position that the road should go where it is. He said, "It seems to me that we will have a limited amount of time to make our comments about routes to be deleted and that we should focus our efforts on explaining why County Road 6 and the south bypass should be deleted. Let us not take a position on deleting Highway 55 at this point." Jabbour stated the he would not like to see the City take any action that may be offensive to the City of Medina. He said, "I have great hope that the City of Medina will see things in a similar light to our way of thinking." Bernhardson advised that the City of Medina has gone on record as being opposed to both Highway 55 and County Road 11. Jabbour agreed with Callahan that the City should concentrate on the corridors proposed within the City, and to have County Road 6 and the south bypass deleted from the map. Mayor Peterson also concurred with Callahan. Bernhardson anticipated that at the upcoming Committee meeting, MNDOT will run down the list of routes, asking the members from each of the cities if they would support deletion based on the traffic numbers. This may be done in more of a voting or indication procedure. Bernhardson. agreed with Callahan's suggestion to voice opinions on County Road 6 and the south bypass, but thought it wise for the City officials to be in a position to also support deletion of other routes on a voice vote. It was Council's consensus that from the City of Orono's standpoint, the most important route to delete- is- the south bypass. It was moved by Butler, seconded by Jabbour, to accept the information presented by the City Administrator, but take no formal action on the recommended resolution. Bernhardson indicated that if Council votes to take no action.,- they will not be able to support any deletions. Butler disagreed, that by not taking any specific action at this point, the City should be in a position to delete all of the routes if they so choose. Goetten preferred that the motion take a stand. Jabbour suggested that Staff be directed to push for the City's goal," based on its adopted position.- Butler withdrew her motion, Jabbour withdrew his second. It was moved by Callahan, seconded by Mayor Peterson, to - 11 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #14)HIGHWAY 12 CORRIDOR CONTINUED ' direct Council's representative to approach the problem of deletion when it arises, by testing it against the City's adopted position, provided that the south bypass and County Road 6 are deleted. All voted aye. Motion passed. (#15)CITY COMMUNICATIONS Bernhardson referred various methods that could He stated that there is information pertaining to facilities to the citizens. done in conjunction with independent mailing. Council to his memos outlining the be utilized for City communications. an immediate need to communicate Highway 12 Corridor and the City Bernhardson suggested that could be the Council news article or by an It was Council's consensus that communication on these two topics occur via an independent mailing. Goetten indicated that she would like a mailing to go out within the next seven to ten days pertaining only to Highway 12. She suggested incorporating an. abbreviated statement on the Planning Commission's recommendation that Council adopted. The letter should also provide an historical synopsis of the process and how it has come to this point, and what corridors are being considered. Jabbour added that information should be provided as to how those corridors are going to impact other Orono roads if selected to make people more aware of how this selection will affect them individually. Butler suggested keeping the information in the letter as brief and concise as possible or people will not take time to read it. Goetten added that it might prove helpful to include some of the questions being raised in the Committees. Bernhardson suggested including information pertaining to the meeting with the MNDOT Commissioner. Council agreed. Sherokee urged Council to include something in the letter indicating the various Citizen's Groups that are working on this issue. Goetten stated that she would like to see the letter before it is sent. Mayor Peterson agreed. Butler indicated that she would be the editor. Mayor Peterson indicated that the letter would.be sent - 12 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 ( #15)CITY COMMUNICATIONS CONTINUED within the next ten days. Council took no further formal action on this issue. ( #16 *)REJECT BIDS - NAVARRE HEIGHTS STORM SEWER PROJECT RESOLUTION #2974 As requested by Councilmember Callahan, this item was added to the Consent Agenda. It was moved by Butler, seconded by Goetten, to adopt Resolution #2974, rejecting -all bids for the Navarre Heights Storm Sewer Project. All voted aye. Motion passed. ( #17)CITY FACILITIES Council agreed to hold a Workshop to discuss City facilities financing on June 20, 1991, at 5:00 p.m. ( #18 *)BRUSH CHIPPING PROGRAM It was moved by Butler, seconded by Goetten, to approve the inclusion of brush being dropped off with leaves and grass, on those Saturdays scheduled as per the attached guidelines and schedule. All voted aye. Motion passed. ( #19 *)PETER PALMER= RESIGNATION It was moved by Butler, seconded by Goetten, to accept the resignation of part -time officer Peter Palmer effective May 31, 1991. All voted aye. Motion passed. (#20 *)JOINT COUNCIL /PLANNING COMMISSION MEETING It was moved by Butler, seconded by Goetten, to acknowledge the upcoming joint Council /Planning Commission meeting on June 19, 1991. All voted aye. Motion passed. ( #21 *)WATER RESTRICTION REMOVAL - RESOLUTION #2975 It was moved by Butler,• seconded by Goetten, to adopt Resolution #2975 repealing the restrictions of.the odd /even water regulations established with the adoption of Ordinance 53, Second Series. All voted aye. Motion passed. ( #22 *)ADMINISTRATOR'S INFORMATION It was moved by Butler, seconded by Goetten, to accept the City Administrator's Information regarding: Highway 12- Plater System, 1950 Shoreline -cabin removals, Patrol Office Employment, Retirement Party -Chief Kilbo. All voted aye. Motion passed. OTHER Mayor Peterson asked Dave Peterson., Chair of the Stubbs Bay Sewer Committee, to give a brief report on the Committee's progress. Dave Peterson advised that other members of the Stubbs Bay - 13 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 OTHER - STUBBS BAY SEWER CONTINUED Sewer Committee were present this evening (Candace Rowlette, John Thiesse). Peterson reported that Committee members had gone door -to -door to the individual houses within the proposed Stubbs Bay Sewer area and talked to the residents about the project. The consensus is that sewer is a problem and is needed in the Stubbs Bay area.. The majority of people desire to have sewer, but do not want to pay for it. He said, "The Committee agrees that there is a sewer problem and requests that the project be pursued. We would like pursuit of the project to include working with the City Engineer to better define where sewer is most needed, and where it could be stubbed in now with laterals installed at a later time. We would like to see some options in that sense, as well as financing options. If the City could devise some methods of creative financing, it may eliminate future litigation." Jabbour stated that this item must be put on the Agenda of an upcoming Council meeting to be further discussed. Mayor= Peterson stated that the actual area has not been officially defined. Goetten indicated that it is up to the Council to decide how important it is to provide sewer to the Stubbs Bay area. The Comprehensive Plan refers to this area being sewered, and Goetten believed it should be done. Butler asked if the City Engineer has studied the area to determine which areas should be included in the project and where the sewer lines should be located. Callahan advised that the City Engineer had performed such a study and had reached several conclusions about the area and where the lines should be .located. He asked Staff to again provide Council with the City Engineer's findings. Bernhardson further explained that five-primary .areas, for the project had been defined, three of which are in serious need of sewer, East Lake Street, West Lake Street. and Crestview. The other -two areas are the-east Bayside area, which needs sewer, but not the degree of the three areas mentioned previously. The Bederwood area falls in between those areas and has the larger lots. Bernhardson stated that criteria was developed to allow certain properties in that area to "opt -out" of the project. The smaller properties to the east of Leaf. Street were also considered for inclusion in the project because of the lack of area for additional drainfield sites on each property. The' residents on Oxford Road were sent a letter asking if.they would, like to be included in the project. Inclusion of the Oxford Street properties would result in a $600 reduction off of what has been estimated to be between a $9,000 and $16,000 assessment - 14 - t ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 OTHER - STUBBS BAY SEWER CONTINUED per home. Bernhardson stated that an option to including this area in the project, may be stubbing off for a later project and the City perhaps buying reserve charge that would be reimbursed should that area ever be sewered. The areas on the other side of the Luce Line, on Christine Drive, are newer homes in the designated Rural District, with alternate and primary septic sites available. Bernhardson advised that those properties would qualify under the "opt -out" criteria used in the Bederwood area. Jabbour indicated that Council should take a stand to have the project proceed. Bernhardson stated that he would place this issue on the agenda for Council's June 24, 1991, meeting. ., Candace Rowlette said that one of the .problems of sewering the Stubbs Bay area is that there are many small homes �.iith valuations that do not justify the cost of sewer. There are also many elderly retired people on fixed incomes that would have difficulty paying the cost of the sewer project. She added, "I found from talking with people that even some of those who meet the criteria to opt -out are interested in preserving the water quality of the Lake. Some would be willing to pay the trunk charge if they could have an option of not having to pay the lateral., or having it stubbed -off until a later time. Some suggested the option of not having to hook up for 18 months. The problem is that the two areas that need sewer the most are connected by an area in between that does not need sewer." Jabbour stated that the area in between may not need sewer now, but will need it at some point in the future. Bernhardson added that there is a special assessment deferral program available for Senior Citizens. . Dave Peterson asked Council if there is anything further they would like the Committee to do'. Mayor Peterson asked Dave Peterson approximately Tghat percent of the Stubbs Bay area residents have been contacted by the Committee. Peterson replied, "Approximately 30% to 50% of the residents; 4 have been contacted." Goetten stated that she would like the Committee to,continue contacting the residents. Rowlette advised that Committee members used a computer to generate a letter indicating what the trunk charge for each home in the area would be, and comparing that to the costs for a new - 15 - ORONO CITY COUNCIL MEETING HELD JUNE 10, 1991 OTHER - STUBBS BAY SEWER CONTINUED mound or trench system, or the cost of using a holding tank and having it .pumped on a regular basis. The letter was then sent to each home indicating specific information pertinent to that individual property. Sherokee Ilse commended the Committee for their efforts in contacting the residents in the area. She stated that it would be helpful if the letter included the cost of the sewer line from the street to the house. Council thanked the Committee for their hard work. Mayor Peterson asked the Committee to continue contacting residents in the area, and asked Staff to place this item on the agenda for the next Council meeting. CITY ATTORNEY'S REPORT: None. ( #23 *)LICENSES: None. ( #24 *)BILLS It was moved by Butler, seconded- by Goetten, to approve payment of the All Funds Account. All voted aye.,,. Motion passed. EXECUTIVE SESSION At 8:45 p.m. City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. ADJOURNMENT It was moved by Butler, seconded by Callahan, to adjourn the Regular Council Meeting at 9:08 p.m.. All voted aye. Motion passed. Barbara A. Peterson, Mayor 16 -