HomeMy WebLinkAbout08-12-1991 Council MinutesMINUT S OF THE REGULAR ORONO COUNCIL MEETING — AUUU61 lei, 1J 11
ROLL
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: Acting City Administrator
John Gerhardson, Building & Zoning Administrator Jeanne Mabusth,
Assistant Planning & Zoning Administrator Michael Gaffron,
Finance Director Tom Kuehn, City Attorney Tom Barrett, City
Engineer Glenn. Cook and City Recorder Teri Naab. Mayor Peterson
called the meeting to order at 7:00 p.m.
Mayor Peterson introduced the new Chief of Police, Mr.
Stephen Sullivan. Mr. Sullivan will officially start his
position on August 19, 1991.
(##1) CONSENT AGENDA
Councilmember Goetten requested that Items 3 and 4 be
removed from the consent agenda.
Councilmember Callahan requested that Item 20 be removed.
Acting City Administrator Gerhardson requested that Item 26
be removed.
It was moved by Goetten, seconded by Butler to approve the
Consent Agenda, with the exception of item numbers 3, 4, 20, and
26 which were to be discussed in the sequence shown on the
agenda. Ayes 5, nays 0.
(##2*) APPROVAL OF MINUTES
It was moved by Goetten, seconded by Butler to approve the
minutes of the regular meeting of the Council held on June 22,
1991. Ayes 5, nays 0.
(##3) APPROVAL OF MINUTES
Councilmember Goetten questioned the adjusted compensation
for the Acting Administrator. She felt that what was approved
was a temporary adjustment during the interim that the City is
seeking to hire a new City Administrator.
Butler stated that her understanding was that it was to be a
long —term adjustment because of the position of stand —in is an
on —going position. Mayor Peterson also understood the same thing.
Jabbour understood the adjustment was to be readjusted after
the hiring of the new administrator.
Callahan understood the adjustment was to remain at the
higher rate.
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MINUTES OF THE REGULAR ORONO COUNCIL MEE I'1NU - AUGUS 1 12, 1991
(##3) APPROVAL OF MINUTES — cont.
Gerhardson understood the adjustment would run through the
`training period, during which he would be responsible for helping
the new administrator. After that period it would be "'re-
evaluated.
It was moved by Goetten, seconded by Jabbour, to approve the
minutes of the Special meeting of the Council held on July 23,
1991. Ayes 5, nays 0.
(##4) APPROVAL OF MINUTES
Goetten felt the minutes should reflect that City staff
would also be assisting Gabriel Jabbour and Maureen Bellows with
the review of the Request for Proposals for construction manager.
Mayor Peterson agreed that the minutes should be changed to
reflect this.
It was moved by Goetten, seconded by Jabbour, to approve the
minutes of the special meeting of the Council held on July 30,
1991 with the proposed amendment. Ayes 5, nays 0.
(##5) ORONO SEWER SITE /PLANNING ASSISTANCE
Mr. Vongries, Park Commission member was present to explain
the Park Commission's position on this matter. He noted that the
City Council had received a letter from Mr. Flint, Chairman of
the Park Commission, which summarizes their progress with respect
to the City properties, in particular the sewer pond property.
Vongries noted that Mr. Shardlow of Dahlgren Shardlow & Uban
was in attendance at the last meeting to offer any assistance the
Commission had in' planning this property. He has submitted a
proposal for $950 for his help in this planning. Vongries
requested the Council authorize the expenditure of the $950 for
the planning services.
Gerhardson noted that the money-could come from the Park..
Dedication Fund.
Mayor Peterson felt that it would be more appropriate than
taking it from the General Fund.
Callahan noted that the City does own the property, not the
Park Commission, and therefore the Commission should -in fact
purchase the property from the City.
Vongries noted that the Park Commission had not looked at
purchasing the property, and this may indeed change their minds
on what to do with this area.
Jabbour noted that a more comprehensive plan is needed to.
determine what is going to be done with the property.
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MINUTES OF THE REGULAR UHUNU VUUNVl1- maAtiivu
( #5) ORONO SEWER SITE /PLANNING ASSISTANCE
Mayor Peterson clarified that a neighborhood meeting would
also be held to discuss the intent o,f the property at the Crystal
Bay site.
Brad Peterson of 2160 Shevlin Drive explained that he has
been attending the Park Commission meetings and felt that
spending the money on the planning is wasteful at this time. He
also noted the sketches which had been drafted by staff which
showed possible lot development and felt that these were
completely inaccurate as they encroached upon DNR protected
waters.
Candace Rowlette, Planning Commission Representative, asked
whether the Planning Commission should be involved with this
aspect of planning for this property.
Goetten also questioned whether the DNR could perhaps help
by establishing the ordinary high water mark.
Vongries noted the public had been present at the last two
meetings with input on this matter. He also noted that there was
a division of opinion on this matter within the Commission. He
also noted that the Commission would have to re— evaluate the
desire to retain this land as a park if it has to be purchased.
It was moved by Mayor Peterson, seconded by Goetten, to
table authorization of expenditure of monies for planning for the
Orono sewer property until such time that the Park Commission has
had a chance to re— evaluate the situation. Ayes 5, nays 0.
( #26) SEWER POND EVALUATION
Brad Peterson of 2160 Shevlin Drive passed out information
on this property. He explained that the City is in the process
of applying for a permit to restore the pond elevation. He would
like it to be noted on the permit that the pond be restored to a
minimum depth of 3 -4'. Mr. Peterson reviewed the pond area with
Dave Olfeld of the DNR and his recommendation is 3 -41.
Tom Barrett noted that it may be hard to change the depth
once it is approved by the DNR and the City may wish to consider
the impact of a particular elevation on the development of the
property.
s
Callahan noted that it was his understanding that it
wouldn't matter if you restored the pond to 10' or 2' as it would
just spread wider, and not necessarily become deeper.
Gerhardson noted that 3 -4' would cover the entire pond bed.
It was moved by Callahan, seconded by Butler, to direct
staff to apply for a permit from the DNR to establish the water
elevation of the pond at the Orono Sewer Pond Property at a
minimum depth of 3'. Ayes 5, nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING — AUGUSI
PUBLIC COMMENTS
Tim Schoen of 41 North Willow Drive was present to represent
the Long Lake Fire Department along with Mike Brown and Rick"
Perry. He explained that the Fire Department is looking to the
City for a commitment to appropriate additional funds for the
Long Lake Fire Relief Association which is a retirement and
disability fund for volunteer fire fighters.
Schoen explained that they are trying to increase the fund
to a more attractive amount. Currently it is worth $1250 per
person per year of service and with a graduated vesting of 60% at
10 years.
Jabbour asked if other cities using their service would also
be contibuting the same as Orono.
Callahan clarified that Orono now pays 70% of the fire
depar'tment's budget, of which $3,000 now comes out of that budget
for the relief fund.
Goetten suggested that the Fire Department get their figures
gathered and present to the new City Administrator for further
investigation.
Debbie Lewis of 2335 Abingdon Way questioned the Council on
when they proposed to send another City —wide letter on
developments of Highway 12.
Goetten noted that new developments probably would not be
available until the end of the month and felt that a letter could
be sent after that time.
Bill Wear of 36 Hackberry Hill and owner of 2160 Wayzata
Boulevard West requested the Council to help eliminate the
problem with the electrical contractor for his property. He also
requested the judicial markers be restored.
Gerhardson noted that the electrical contractor's attorney.
has not responded at all at this point•and noted that he would
keep trying to resolve the problem. He also noted that the
judicial markers would be replaced.
Wear also explained that the proposed 1093 plan of MnDot
included curb and gutter for the north side of Highway 12. He
questioned the Council as to their commitment of financial
support.
Gerhardson explained that MSA funds would probably be used.
He also explained curb and gutter reduces the amount of taking of
property.
Wear commented that they are also proposing to take 1 1/2 of
his drives to his property on Wayzata Boulevard and he is very
much against that.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETINU - HUGU51 12, 19V1
POLL § ®MMENTS — cont.
City Engineer Cook advised that he can review the plans and
meet with Mr. Wear and the State, however that doesn't
necessarily mean he will recommend what Mr. Wear wants as he
needs to evaluate the safety issues of the highway.
It was moved by Mayor Peterson, seconded by Goetten, to
direct staff to work with Mr. Wear on the issues relating to his
property on Highway 12. Ayes 5, nays 0.
( #7) ZONING FILE #1647 — GERALD BENOIT
3403 EASTLAKE STREET
VARIANCES — RESOLUTION #3000
Gerhardon summarized the applicant's request.
Michael Gaffron explained Mr. Benoit was unable to attend
this meeting.
It was moved by Butler, seconded by Mayor Peterson, to
adopt Resolution #3000, granting setback and hardcover variances
to construct a detached garage. Ayes 5, nays 0.
( #8) ZONING FILE #1662 RICHARD & COLLETTE ROBERTS
1937 FAGERNESS POINT RD
VARIANCE — RESOLUTION #3001
Richard and Collette Roberts were present for this matter.
Gerhardson provided a brief description of the request.
It was moved by Butler, seconded by Jabbour, to adopt
Resolution #3001, granting lot area and lot width varainces to
construct a new residence. Ayes 5, nays 0.
( #9) ZONING FILE #1664 — WILLIAM H. BOCKMAN
1090 LOMA LINDA AVENUE
VARIANCE — RESOLUTION #3002
William Bockman was present for.this matter.
Gerhardson summarized the applicant's request and Planning
Commissions recommendation.
It was moved by Butler, seconded by Mayor Peterson, to adopt
Resolution #3002, granting average lakeshore setback, hardcover
and side setback variances to replace a former enclosed porch
with open deck area. Ayes 5, nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING — AUGUST 12, 1991
(##10) ZONING FILE $#1665 — THOMAS MCCARTHY
1424 BALDUR PARK RD
VARIANCES
Gerhardson reviewed the application and Planning
Commission's recommendation.
Mabusth presented the applicant's plans as presented to the
Planning Commission noting that as originally presented, there
was a walkway with an overhang. She explained that the Planning ""
Commission had n.o problem with the repair or replacement of the
existing deck, but felt the addition was too ambitious and the
applicant had not proved acceptable hardships. The original
Scheme A reduces the percentage of hardcover by 8% in the 75 -250'
zone.
Michial Mularoni, applicant's contractor, explained his
design process and how he arrived at the different variations.
He felt that by adding the second garage as depicted in Scheme A,
with overhang walkway to house in the middle to minimize the
rafter height and thereby reduce the visual impact. He reviewed
one of their concerns which was the covered walk and the need to
provide access to the principal structure for emergency purposes.
Candace Rowlette clarified that the Planning Commission
originally tabled the applicant's request because there was only
one proposal which was inadequate. Applicant then came back and
asked to reopen the request, and it ended up being denied.
Jabbour declared that he was at that last Planning
Commission and noted that one Commissioner's reason for denial
was that non — structural hardcover was being replaced with
structural hardcover.
Mabusth reiterated that there is a total reduction in
percentages of hardcover of 7.9 %.
Jabbour felt that the garage could be added to the original
garage; centerirng the garage door between the old and new, and.
felt -that the rafters-wouldn't necessarily have to be extremely
high.
Goetten noted that the lot is 50' wide at the road,
therefore the garage and proposed addition brings it up to 31'4"
which covers a major portion of the lot. The large tree next to
the garage covers a large portion of the remaining setback. She
noted that she could not approve the proposal as is.
Jabbour remarked that a double garage is typically 24' wide
and the scheme proposed is 28'.
Callahan remarked that the hardship of having only a one car
garage is not enough to approve the proposal.-
MINUTES OF THE REGULAR URUNU CUUNC1L MEE f iNU , -, AUUU6 1 1G, lyJl
(#IO) ZONING FILE #1666 — THOMAS MCCARTHY — cont.
Butler felt that the Council is not there to help in design
and it sho.uld be brought back to the Planning Commission. She
also felt th6*"'project .is too ambitious for the lot..
Mabusth explained that the second time the proposal was
brought to the Planning Commission, applicant amended the
proposal to exclude overhang over the walkway.
Goetten felt that the applicant should look at the whole lot
and see where other removals or changes in hardcover percentages
can be made and also the gazebo should maybe be considered for
removal.
It was moved by Butler, seconded by Mayor Peterson, to refer
Application #1665 back to the Planning Commission with the
recommendation to the applicant that he work with staff to revise
his request. Ayes 5, nays 0.
( #11) ZONING FILE #1397 — ART CENTER OF MINNESOTA
2180 NORTH SHORE DRIVE
CLARIFICATION OF IMPROVEMENTS
Marty Schneider was present to represent the Art Center.
Gerhardson provided a brief explanation of the request,
noting that they are seeking clarification of the conditions of
the subdivision approval.
Mabusth described the request of the Art Center and
explained conditions of the subdivision in 1989. She noted that
these were specific areas of concern and noted the loading area
to east side of building .is also being used for parking. There
is also a gravel access drive and parking area which are not
shown on the original plans for the residential lot. There is a
need to provide applicant with further direction on these areas.
Schneider explained the subdivision.was conditional on three
conditions: '1) parking; 2) screening /fencing along north.
property line; 3) readjustment of exterior lighting from Hill
School parcel. A $5,000 cashiers check was given to the City to
ensure improvements would be done. Schneider felt that he has
fulfilled all conditions of that developer's agreement and wants
the City to release the cashiers check. He opposed the City
holding the check for other issues outstanding with the Art
Center. Schneider noted that the City feels the fencing is
temporary, however the code does not specify materials to be used
for fencing. The City has required the access to be closed off,
and it has. Schneider explained that the City is now requiring
"appropriate" landscaping where the former parking area on his
property was. He explained that he plans to build a*garage there
and wishes to retain the gravel until that time.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING — AUGUSF 12, 1991
(##11) ZONING FILE ##1397 — ART CENTER OF MINNESOTA — cont.
Butler proposed the area to the northwest of the temporary
fencing be posted with No Parking /Fire Lane" signs and make this
area the drive to'the loading area.
It was moved by Jabbour, seconded by Goetten, to release the
$5,000 cashiers check to the Art Center finding all conditions
of the Developer's Agreement have been met. Ayes 5, nays 0.
(##6) ZONING FILES ##1606 & 1660 — BIG ISLAND INC.
RECORD LOTS 12 AND 19, BIG ISLAND
CONDITIONAL USE PERMIT /VARIANCE
ZONING FILE ##1659
BIG ISLAND INC.
RECORDS LOTS 12 AND 19, BIG ISLAND
VACATION OF PUBLIC RIGHT —OF —WAY
No one was present to represent the applicant.
It was moved by Goetten, seconded by Mayor Peterson, to
table all three applications. Ayes 5, nays 0.
(##12) BID AWARD LIFT STATION ##11
It was moved by Mayor Peterson, seconded by Goetten, to
award the bid for Lift Station ##11 renovation to Northwest
Mechanical Inc. for an amount not to exceed $48,000. Ayes 5,
nays 0.
(#13*) BID AWARD — 1991 SEAL COAT
It was moved by Goetten, seconded by Butler, to award the
bid for the 1991 Seal Coat Project to Bituminous Roadways, Inc.
for an amount not to exceed $10,327.50. Ayes 5, nays 0.
MAYOR /COUNCIL REPORT
Mayor Peterson commented that the members of.the planning
committee for the Octoberfest have requested consideration of
donations from the City. _
Jabbour welcomed Teri Naab to the City recorder position.
(##14) APPOINTMENTS RESOLUTION AMENDMENT
Goetten suggested that Butler be appointed to the Highway 12
Policy Committee.
Tom Kuehn reminded Council that the Acting City
Administrator would need to be appointed as temporary check
^
signer.
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MINUTEES OF THE REGULAR URONU COUNCIL PMtc (iNU — AUUU.:, 1 lc:, 1"J`.1- 1
( #14) APPOINTMENTS RESOLUTION AMENDMENT — cont.
Mayor Peterson explained she had just received a letter from
the LMCD asking for appointment of a representative by October.
Mayor Peterson asked JoEllen Hurr if she was interested in a
reappointment to the position and she declared her willingness.
Jabbour expressed his graditude to JoEllen for all she has
put forth in her position as representative.
Mayor Peterson directed Gerhardson to draft a letter to the
LMCD expressing the Council's desire to reappoint JoEllen Hurr.
It was moved by Mayor Peterson, seconded by Goetten, to
amend the previous resolution to remove previous City
Administrator Berhardson's name and to appoint Acting City
Administrator to those appointments with the exception, of
Councilmember Butler appointed to Highway 12 Policy Committee,
and` the addition of John Gerhardson appointed as temporary check
signer, and JoEllen Hurr appointed as LMCD representative. Ayes
5, nays 0.
(##15) 1992 BUDGET DISCUSSION
Tom Kuehn, Finance Director, presented to the Council a
preliminary 1992 budget and tax information as an information
item.
(##16) LOAN TO HRA
Kuehn explained the need to pass a resolution if the City
wants to recoup any costs that the City or HRA may incur before
the HRA sells bonds for the facilities. This resolution form was
received from Ehlers.
Callahan noted his disagreement with some of the wording in
the resolution.
Barrett agreed.
It was moved by Callahan, seconded by Goetten, to table the
resolution to establish expenditures for the HRA as a loan from
the City. Ayes 5, nays 0.
(##17) CITY FACILITIES — BROCHURE
City staff and Council reviewed the sample brochure drafted
by Boarman & Associates.
(##18) SHORELAND GRANT AGREEMENT
Callahan questioned whether the City really wanted to go
through all the work involved with this for $5,000.
Goetten suggested it be passed onto the Lake Use Committee.
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MINUTES OF THE REGULAR URUNU GUUNUIL MME I INU - HUUUJ 1 1G, l�Jyl
y -
(#18) SHORELAND GRANT AGREEMENT — cont.
It was moved by Butler, seconded by Mayor Peterson, to refer
the matter of the Shoreland Grant Agreement to the Lake Use
Committee for further review. Ayes 5, nays 0.
( #19 *) CITY RECORDER
It was moved by Goetten, seconded by Butler, to approve
signing of Attachment A to the memo dated August 6, 1991, a
contract between the City of Orono and the City Recorder. Ayes
5, nays 0:
( #20) LAKE USE COMMITTEE — MINUTES
Callahan noted that the minutes have not officially been
approved by the Committee.
( #21 *) DISCIPLINE — TEMPORARY EMPLOYEE
It was moved by Goetten, seconded by Butler, to confirm the
disciplinary action of July 23, 1991, as recommended by staff, of
Eric Bowman, temporary parks helper. Ayes 5, nays 0.
( #22 *) POLICE CHIEF EMPLOYMENT —
ACCEPTANCE OF LETTER OF AGREEMENT
It was moved by Goetten,
seconded by
Butler, to accept
Attachment A to the memo dated
July 26,
1991 as the
terms of
agreement for employee Stephen
Sullivan
as the City's
Police
Chief, subject to the amendment
that the
physical be
with the
City of Orono's physician rather
than Mr.
Sullivan's
personal
physician. Ayes 5, nays 0.
( #23 *) TEMPORARY EMPLOYMENT GOLF COURSE
It was moved by Goetten, seconded by Butler, to approve the
employment of William McIntyre as temporary counter helper at the
Orono Golf Coures at an hourly rate of $5.00 per hour effective
July 24, 1991. Ayes 5, nays 0.
( #24 *) TEMPORARY EMPLOYMENT GOLF COURSE — GROUNDSKEEPER HELPER
It was moved by Goetten, seconded by Butler, to approve Jane
Delaney as temporary groundskeeper helper at the Orono Golf
Course for the balance of the 1991 golfing season at an hourly
rate of $5.00 effective August 1, 1991. Ayes 5, nays 0.
( #25 *) EQUIPMENT PURCHASE — PUBLIC WORKS
It was moved by Goetten, seconded by Butler, to approve the
purchase of one underbody plow installed from Crystal
Manufacturing Company for an amount of $5,220.00. Ayes 5, nays
0.
(( #26) SEWER POND ELEVATION (following agenda item #5)
( #27 *) 985 TONKAWA ROAD — RESOLUTION #3004
It was moved by Goetten, seconded by Butler, to approve
Resolution #3004 confirming that there are no violations within
the lakeshore protected area for property known as 985 Tonkawa
Road. Ayes 5, nays 0.
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MINUTtS OF THE REGULAR ORONO COUNCIL MEETING — AUGUST 12, 1991
(##28 *) ADMINISTRATOR'S INFORMATION
It was moved by Goetten, seconded by Butler, to accept the
information on the fo.l<1 pwi ng issues:-
Water quality report – Summit Park & Casco Point Beaches
City Administrator's goals
Fenholt retirement
Ayes 5, nays 0.
(##29 *) LICENSES -- .
It was moved by-Goetten, seconded by Butler, to approve the
following licenses:
Park Gun Club, 3660 Sixth Avenue North – Firearm Use Permit
Long Lake Chamber of Commerce – Orono Middle School,
August 17, 1991 2:00 -6:00 p.m.
Parade & Special Events Permit
Kathryn Duncanson, 690 Brown Rd N – Residential Kennel License
Nancy Ritchie, 1075 Tonkawa Rd – Residential Kennel License
Ayes 5, nays 0.
(##30 *) BILLS
It was moved by Goetten, seconded by Butler, to approve
payment of the All funds Account. Ayes 5, nays 0.
EXECUTIVE SESSION
At 9:35 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 Goetten to adjourn the
Regular Council meeting at 9:,35 p.m. Ayes 5, nays 0
Bar ara A. Pete�s n, Flayor
ATTE T:
or thy M. llin, City Clerk
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