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HomeMy WebLinkAbout09-23-1991 Council Minutesr. MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Cou.ncilmembers J. Diann Goetten, Gabriel Jabbour and Mary Butler. Edward Callahan was absent. The following represented the City staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook, Chief of- Police Stephen Sullivan and City Recorder Teri Naab. Mayor Peterson called the meeting to order.at 7:00 p.m. (##1) CONSENT AGENDA Mayor Peterson requested one change in the minutes of September 9, 1991. She noted that under the public comments section on Page 3, Ann Cosgrove mentioned the meeting between the Orono and Long Lake Councils held on September 3, 1991 which was actually held on September 4, 1991. It was Moved by Goetten, seconded by Butler, to approve the Consent Agenda, which includes the following items: approval of the minutes of the Council meeting of September 9, 1991 with the correction on Page 3 as noted; and the bills. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. (##2) PARK COMMISSION CANDIDATE INTERVIEWS Mayor Peterson noted that they will be interviewing three candidates. Sherokee Ilse, 3630 Eileen Street, explained that she has been a resident of Orono for the past 10 years and has a great concern for Orono and maintaining its rural atmosphere. She noted that she has young children and uses the park system a lot. She is excited about the future bike /hike trail. system. She noted that she and her sons have started a "Kids to Save the Earth" fund. Mayor Peterson asked what Ilse felt is Orono's greatest deficiency in the park system. Ilse felt that a community park is needed and felt that Orono should work with other communities and share resources. She noted the equipment in Orono parks is very outdated. Jabbour asked if she felt she could remain unbiased given her recent stance opposing the Bederwood ball diamond. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 PARK COMMISSION INTERVIEWS — CONT. Ilse noted that she has been very involved in many issues concerning Orono and even if they do not directly affect her, she still has taken a stance and worked toward a common goal. She felt that she can remain fair, rational and non — emotional when dealing with issues involving Orono. Lili McMillan, 1275 Lyman Avenue, explained that she has lived in Orono for three years and has two small children. She is interested in both active and passive type recreational facilities. She felt that Orono must plan for both current and future recreational needs. She noted the golf course should be reviewed -by the Commission. She noted that both park use and development both have a right to exist, and one must look at this issue impartially. She volunteered her photographic skills if appointed. Jabbour asked McMillan if she had free time to commit to this appointment. McMillan noted that she is a very organized person and her youngest child is now in kindergarten which allows her more free time. Tim Pattrin, 1360 Railroad Avenue, noted that he has lived in Orono for five years and has two children. He noted that he has a special interest in helping develop the Crystal Bay facility site into a park. He also noted that if appointed, he would still remain on the Cable Commission. Mayor Peterson noted that the Council would be making their decision and it would be announced at the next Council meeting. She thanked the .applicants for applying for the position and urged if they are not chosen to try for future position openings. (##3 *) APPROVAL OF MINUTES It was moved by Goetten, seconded by Butler, to approve the minutes of the regular meeting of the.Council held on September 9, 1991 with Page 3 corrected as noted. Ayes 4, nays 0. LAKE MINNETONKA CONSERVATION DISTRICT •JoEllen Hurr, City representative, explained that the LMCD, at their next meeting to be held on Wednesday, will be considering the "last draft of the management plan for Lake Minnetonka. She noted that it incorporates some of the changes brought up by Mayors and individuals in attendance at the last meeting- 2 'MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 0 LAKE MINNETONKA CONSERVATION DISTRICT — CONT, Jabbour felt that they were successful at the last meeting in getting their point across. He pointed out that this is the LMCD's plan, not Orono's, and noted that Orono has not acted proactive with them regarding this plan, but rather reactive. Orono does not like the plan, however it is better than the one that would become ratified if this second plan is not adopted. He felt that the Orono Council should not act in favor of the plan, nor against it. Mr. Callahan thought the Council should vote against it. Jabbour had difficulty adding one extra layer of government to control the lake. Hurr explained that since user fees were to be raised for marinas, she moved to return 10% of each city's assessment, back to the cities. Jabbour noted there is a coalition of marina owners opposed to the increase in fees. Hurr stated that if the LMCD is disbanded and Lake Minnetonka becomes a Hennepin County Lake District, there is reason for concern. Jabbour instructed Hurr to vote for the plan as submitted. He explained that he believed in the LMCD in its original capacity. Goetten supported Jabbour's direction as she felt the alternative is worse than the proposal. Hurr noted that the other lake cities are not as conservative as Orono, and she has no problem with Orono's ordinances and the direction which Orono takes on issues involving the lake. PUBLIC COMMENTS Leo Melash, Jim Ogland and B. Simonson were present to represent the Minnesota Transportation Museum. Melash explained that as a member of that organization, Bob Dumas has offered to store two street cars on his property on Highway 12 until such time that they can be restored. He noted that the organization has a very large building in Excelsior which currently is used to restore a streetcar /steamboat. He noted that after that restoration, there would be room in the building to start the restoration of the street cars and added that may take from 3 -5 years. Ogland explained that the street cars were sold for cabins. Currently two street cars have been offered to the organization free of charge for restoration. He noted that Mr. Dumas has 54 acres and the cars would look like little sheds on the property. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991" PUBLIC COMMENTS — CONT. Mabusth replied that there is nothing in the code which addresses this type of storage. She asked about screening. Simonson noted that he has visited the site where they will be stored`and felt it was very well.screened from the public. Barrett felt that this is a permitted use. He felt that if the cars were abandoned the City could proceed with hazardous proceedings to have them removed. Mabusth asked that the organization contact the Building Department for appropriate permits. ( #4) #1573 CAROL KELLY /JAMES MASSEY 3020 & 3030 CASCO POINT ROAD REQUEST FOR,SPECIAL CONSIDERATION REGARDING PARK FEE — FINAL SUBDIVISION Carol Kelly was present for this application. Moorse explained that this is an application for final subdivision to create three lots. He noted that�the applicant is disputing the valuation placedon the property in regard:: to the park dedication fee and when that fee is to be paid. Mabusth explained that the first subdivision request involved creation of a non — riparian lot. The applicant then combined property with Mr. Massey to gain a riparian lot. She noted that when the park dedication ordinance went into effect, it noted that all applications not filed by May 1st were to be calculated under the new ordinance. Ms. Kelly's first application made the deadline but the second application did not. Kelly feels the valuation is too high and wants to know if she . should go ahead and have a new appraisal. Kelly is-also asking that the park dedication fee be paid at the time of issuance of the building permit. Barrett noted that the memo suggests that the assessor thinks the vaulation may be. too high., Mabusth questioned the assessor and he reported that if the applicant feels it is too high, the applicant should come back with a second appraisal. .Jabbour noted that if the market value is reduced, the applicant "would have to go through the abatement process to reduce that value. 9 °,:MINUTES OF THE REGULAR ORONO COUNCIL MEETING - SEPTEMBER 23, 1991 90NIN© FILE #1573 — CONT. Barrett cited that it appears that a different appraisal was done for the purpose of determining park dedication fees. Barrett noted that the assessor will have to be the judge as to whether this value is linked to the taxable market value. He noted that per Part C•of Subdivision 5, it appears to allow the Council to extend the time in which to make payment on the condition that the valuation be taken from the date at which payment is made. He advised that the problem with waiting for payment until the permit is issued is that it may be difficult to collect from a property owner. He suggested that he prepare a memo regarding choices the Council has regarding this issue. He felt both the request for consideration and the final plat be tabled as the park dedication fee payment is a condition of final approval. Mabusth advised that the applicant has worked very hard to be able to bring this application before the Council for final approval. It was moved by Jabbour, seconded by Goetten, to table application #1573 for Carol Kelly and James Massey, for a request for special consideration regarding park fee and final subdivision approval, allowing the City Attorney time to research the park dedication fee payment issue. Ayes 4, nays 0. ( #5) #1608 JAMES R. HARTZELL 2987 CASCO POINT ROAD — VARIANCES James Hartzell was not present for this application. It was moved by Jabbour, seconded by Goetten, to table application #1608 for James R. Hartzell of 2987 Casco.Point Road until such time that he or a representative can be present to answer questions by the Council. Ayes 4, nays 0. ( #6) #1626 TIM TRAFF /ERIC WILSON 2683 NORTH SHORE DRIVE — REVISED SITE PLAN — REVIEW FOR CONSISTENCY WITH RECENT VARIANCE APPROVAL Eric Wilson and Martha Yunker, architect, were present for this application. Moorse explained that Council originally approved variances for a new house on this property. The applicant has sold the property and the new owner has a new house design. Butl -er felt that it should go to the Planning Commission for review and the neighbors should be renotified as there was opposition to the original plan. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER.23, 1991 „ ZONING FILE #1626 — CONT. Ms. Yunker asked why it would have to be reviewed as the. setback requested has not changed, there is just more of the residence within that encroachment of the setback. Gaffron asked if this should be treated as a new application or as a revision to the original application. Jabbour felt that is should be treated as a new application and noted that the Mitchells (neighbors) were vocal against the original application. Wilson asked that it be considered as a revision as the neighbors are not opposed to the plan as proposed. Gaffron noted the difference will be the fee charged. He advised that the application as a revision would have to be charged for staff time as opposed to the flat variance application fee. It was moved by Butler, seconded by Peterson, to refer to the Planning Commission application #1626 for Tim Traff and Eric Wilson for property at 2683 North Shore Drive, as a revision to the originally approved variance application for a new residence, noting that all affected property owners must be renotified of revised application. Ayes 4, nays 0. ( #7) #1668 CITY OF ORONO 700 OLD CRYSTAL BAY ROAD — FINAL SUBDIVISION — RESOLUTION #3020 Moorse explained that this is a final subdivision for the property proposed for the new City facilities. It was moved by Butler, seconded by Peterson, to adopt Resolution #3020 approving final subdivision for application #1668 City of Orono for property located at 700 Old Crystal Say Road. Ayes 4, nays 0. ( #8) #1669 JOHN WALKER 1310 SPRUCE PLACE — VARIANCES — RESOLUTION #3021 Mrs. Walker and her representative, Dick Schieffer, were present. Moorse explained this is an application requesting hardcover variances to construct a second story addition and deck addition. It was moved by Butler, seconded by Peterson, to adopt Resolution #3021 approving hardcover variances for application #1669 for John Walker of 1310 Spruce Place. Ayes 4, nays 0. MIR�UTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 239 1991 w ' � 9) #1675 CITY OF ORONO 700 OLD CRYSTAL BAY ROAD — CONDITIONAL USE PERMIT — RESOLUTION #3022 Moorse explained this application is for a conditional use permit to construct a water tower on City owned property. Butler asked if the tower will mean that Orono will no longer be buying water from Long Lake. Cook agreed that all property owners on the west side of Orono who are currently buying water from Long Lake will then be buying from Orono. He showed a sketch of three proposed tower designs and noted that the third design is about 10% cheaper because of the use of less steel. Jabbour also noted that design is the most dangerous. Cook advised that the tower location has been moved 10' further south leaving a 60' setback from the north lot line, and a 25' setback from the 26' wetland setback. He also noted that these tower designs would allow for placement of an antenna on them. Mabusth noted that the 26' wetland setback has been built into the drainage easements for the property. She also rioted that the church representative has been in attendance at all the meetings and has not commented. She reported the school has asked about safety issues but has not raised any objection. It was moved by Butler, seconded by Goetten, to adopt Resolution #3022, application #1676 for the City of Orono for property at 700 Old Crystal Bay Road North to� permit the installation of a water tower on the property. Ayes 4,.nays 0. ( #10) #1677 CEDRIC DETTLOFF 1255 DICKENSON STREET — VARIANCES — RESOLUTION #3023 Mr. & Mrs. Cedric Dettloff were present. Moorse explained that the applicant is proposing to remove a workshop and replace it with a two story addition within the same footprint which requires a front street setback variance and lot coverage variance. It was moved by Goetten, seconded by Peterson, to adopt Resolution #3023, application #1677 for Cedric Dettloff at 1255 Dickenson Street to allow the construction of a two story addition requiring front street setback variance and lot coverage variance. Ayes 4, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 ( #11) PAUL AND MARCIA MERL@ 2142 SHADYWOOD ROAD — VARIANCE — RESOLUTION #3024 J Marcia Merlo was present for this application. Moorse advised that this is an application to hardcover requirements to construct a two story addition. Mabusth explained that the applicants have revised their plan as requested by the Planning Commission. The applicants have submitted two proposals, one of which they feel is not viable because of a severe drop and a tree in the way. She noted that the hardcover from the spillway has been removed from the calculation as requested by Planning Commission. Goetten felt the second option was a more workable solution. Butler asked if there would be room for a truck to turn around with the second proposal. Merlo noted that they would have to use the joint driveway more and it would be very tight. Jabbour stated that the applicants have worked very hard to comply with the ordinances. It was moved by Jabbour, seconded by Peterson, to adopt Resolution #3024,, application #1678 for Paul and Marcia Merlo of 2142 Shadywood Road, approving hardcover variances to construct a two story addition. `Ayes 4, nays 0. ( #12) MORATORIUM DISCUSSION Gaffron- asked how the Council felt regarding lot line rearrangements, which are considered by code to be a subdivision, in relation to the recent moratorium. And if this type of subdivision -is subject to the moratorium, can a concurrent variance application be filed with the - subdivision application. He noted that the moratorium stated that anything that did not have, preliminary plat approval prior to the adoption date of the moratorium is subject to that moratorium. Gaffron asked if the lot sizes created by the lot line rearrangement do not meet code and require variances, are they subject to the moratorium. Jabbour felt that the applications could be handled concurrently. Butler stated that she always felt that a lot line rearrangement is not actually a subdivision because is does not create a new lot and both lots are currently occupied by their prescribed use. If a lot line rearrangement is proposed with one of those lots being vacant, then it would be considered as a subdivision as you are creating a buildable lot. 8 �i ,;MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 231 1991 MORATORIUM DISCUSSION — CONT. Gaffron asked what if both lots meet the requirements but they are vacant. Jabbour noted that the intent of the moratorium was to protect property owners from future rules which may inhibit development of that property. Barrett noted that the definition of a subdivision for the moratorium should be taken from the municipal code, which would include lot line rearrangements where variances would be needed, and would not include those that do not require variance. approval. Gaffron asked about the variance fee. Mabusth noted that there will be legal and publishing fees. Council left it up to staff to charge at their discretion. - Gaffron advised that Paul Boyke on Lydiard Lake is proposing to subdivide his property which includes designated wetlands. However the ordinary high water mark is not available at this time, but depending upon that and the future setback requirements, the property may end up not being subdividable. Boyke was present and explained that the property was previously the subject of a metes and bounds subdivision in which a portion of the property was inaccurately combined with another parcel. He explained that the property was sold and Boyke has had to negotiate with the new owner to change the property boundaries to what they were approved as. Boyke wanted to know if it should become an unbuildable lot because of the new requirements, would it fall under condemnation proceedings. Barrett noted that this may be considered as a taking or temporary taking. He felt that this is definitely an application which would need to apply for a variance to the moratorium if the owner wished to proceed. He advised that the variance approval would allow the subdivision and if the building permit for the new residence were issued before the new regulations were ratified, the current requirements would be followed. If the permit was not to be issued until after the new regulations were to be adopted, the lot may become unbuildable again under the new regulations. Butler felt that this was a classic example why there was a moratorium.. Boyke' explained he is trying to buy a new business and needs to act right away. Butler suggested that he wait until the new regulations are adopted. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING—SEPTEMBER 23, 1991_.. MORATORIUM DISCUSSION - CONT.._,.-- Gaffron reiterated that if applicant makes the variance and subdivision application, it would be his risk that it may not be approved. Jabbour noted that applicant can hear the tone of the Council on this matter. Gaffron cited another example, that being the Hanser property on Fox Street which they intend to subdivide. Council concurred that they could submit a sketch plan and variance to the moratorium at the same time. MAYOR /COUNCIL REPORT Mayor Peterson announced that she had donation for the Octoberfest. Last year towards the purchase of the sign which ca She felt that Orono should not contribute a specific school district when Orono has within its boundaries. Council concurred. received a request for the City donated $350 n be used over again. to a specific class in many school districts Mayor Peterson tentatively scheduled a reception for both Ron Moorse, City Administrator and Stephen Sullivan, Chief of Police for October 17, 1991 from 4:00 to 6:00 p.m. in the Council Chambers. Jabbour announced that there is a possibility of changing the Comprehensive Plan to reflect the current use of Big Island. He noted that they convinced the LMCD to take Big Island totally out of their proposed management plan. He explained the change can be concurrent with another plan change such as Stubbs Bay sewer. (##13) BID AWARD – FACILITIES FRONTAGE ROAD Cook explained that bids had been received for the frontage road, near the proposed City facilities and B & D Underground, Inc. came in the low bidder. He noted that they have worked with this company in the past with good results. Mayor Peterson asked why this was partially being funded by the HRA when this figure was not included in the original cost of the facilities. Jabbour noted that he could understand the portion of the road being paid for by the HRA but not the remainder. Barrett announced to the Council that Council shouldn't approve the bid if they felt they could not pay for the balance that is currently being proposed to be paid by the HRA if they choose to not have the HRA pay for this. 10 "AINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 1. BID AWARD — FACILITIES FRONTAGE ROAD — CONT. It was moved by Butler, seconded by Jabbour, to award the bid for the frontage road and installation of utilities to B & D Underground, Inc. for an amount of $188,786 and to begin construction on September 27, 1991, or the day following the closing date. Ayes 4, nays 0. (##14) 1992 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION BUDGET Moorse introduced Tim Pattrin as the City's representative to the Cable Commission. Pattrin explained that the budget has not been voted on yet. He noted that other cities have denied the budget because of the 17% increase in salary for the administrator and several other high increases for other employees. He noted that the current administrator is doing a good job, but felt that a 2 -5% increase was more appropriate. Butler noted that the cost of cable continues to go up and therefore subscriptions go down. Pattrin also noted the money budgeted for employees to attend conventions. He explained the Commission could not regulate fees t-o users, but could regulate unneeded charges to the organization. Butler noted that she would like the Commission to look at not charging property owners for hook —up and shut —off when on extended leaves. Pattrin cited that currently they do not have the type of equipment that would allow such a process in— house. He also noted that they are asking the cable company to open drop sites for special events paid reviews and will be supplementing another show-in place of the paid review on that channel. It was moved by Butler, seconded by Mayor Peterson, to direct Tim Pattrin, City Representative to the Cable Commission, to vote against the 1992 Lake Minnetonka Cable Communications Commission's Budget because of the reasons noted previously. Ayes 4, nays 0. ( #15) (##16) CONTRACT BARR ENGINEERING Moorse explained that Shardlow has recommended contracting with Barr Engineering to provide the Ordinary High Water Mark for for French, Classen, Dickey and Lydiard Lakes. free. Jabbour asked how the City could get the DNR to do it for 11 .r MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 CONTRACT BARRR ENGINEERING — CONT. Gaffron noted that °when there is a subdivision pending, the - City could approach the DNR for help, however he did not know what kind of timely response would be received. He also felt the City may charge back to the applicant some of the cost involved. Goetten felt that Orono must go forward and find this information to continue their work. It was moved by Butler, seconded by Goetten, 'to contract for engineering services for the determination of the ordinary high water levels for French, Classen, Dickey and Lydiard Lakes to Barr Engineering for an amount not to exceed $4,100.00. Ayes 4, nays 0. Jabbour asked if it could be included in the contract that if an application comes in, and the work hasn't.been done for a particular lake at that point, it could be dropped from the contract price. Butler felt that the•contract should state that the work be done by the end of November. She noted if they can't live with that deadline, they can ask for an extension. Gaffron noted that the RFP may not suffice as a contract. Barrett felt that a contract is a wise device to implement. (##17) REQUEST FOR PROPOSALS FOR PROSECUTION SERVICE Council directed City Administrator Moorse to send out RFPs for prosecution service. Moorse indicated that it may be possible to have•a recommendation for the Council's October 14th meeting. (##18) POLICE SCHEDULE /TEMPORARY INVESTIGATOR ASSIGNMENT Moorse explained the Police Chief has submitted a plan to provide a.• plain— clothes investigator on a part —time, temporary basis to review the need and viability of such an investigator. Butler asked about the selection process. Sullivan explained that the process was informal because it was only temporary. He felt if this position becomes permanent, it should be an appointed position on an annual basis. Butler asked if this position required special talents. Sullivan advised that as one works in a field, one develops an expertise for that position. Council directed Sullivan to proceed with his plan to assign a temporary investigator. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 ( #19) POLICE SERVICE CONTRACT WITH LONG LAKE Moorse explained that after the last meeting, he wrote a letter to Long Lake requesting payment for past due contract police service fees. He noted that he did get a response from their City Attorney and had received payment for the third quarter service that very day. He explained that this payment did not include the 1989 disputed amount. Moorse explained that we did not get the full amount for 1991 services as Long Lake failed to budget the full amount of the contract. They have asked Orono to change the schedule to make up for the difference. He noted they have a credit from 1990 that offsets-most of the difference, and at the end of the year, will produce.a zero balance. Jabbour asked the City Attorney to clarify how often Orono is allowed to review the contract. Barrett advised that both cities can mutually agree to change the terms of the contract, but unilaterally it can only be changed once a year. Jabbour noted that if the City of Long Lake chose not to pay for the next year, it would put the City in a negative cash flow. Barrett noted that Orono could consider Long Lake's inability to pay as breach of contract and discontinue service because of that breach. Butler noted that the language of the contract needs to be revised to reflect late payments. She felt that a deadline must be set, and if payment has not been received by that date, service would be discontinued. She felt a provision that set an escalating late fee might help the situation. Jabbour stated that staff should bill for the next quarter immediately, and if payment is not received on time, the contract should be cancelled. Goetten felt that this is a very disturbing situation, but noted that the Council has no choice but to cancel due to lack of payment. It was moved by Jabbour, seconded by Butler, to cancel the police protection service contract with Long Lake if the fourth quarter payment is not in —house by October 10, 1991. If payment is received by that date, staff should proceed with 1992 budget negotiations. Butler remarked that she had checked into past payments and found the following: Due Billed Paid January 1, 1991 End of January Late April April 1, 1991 Late -in March June 21, 1991 July 1, 1991 July 11, 1991 September 23, 1991 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 POLICE SERVICE CONTRACT WITH LONG LAKE — CONT. Due 1990 January 1, 1990 April 1, 1990 July 1, 1990 October 1, 1990 1989 January 1, 1989 April 1, 1989 July 7, 1989 October 1, 1989 Butler felt it unfair carry the charge for police She noted that this has not but they have an estabTished it was time to'take action. Paid Late January May 23, 1990 August 23, 1990 January 5, 1991 Late March 1989 July 7, 1989 Late November 1989 December 27, 1989 to expect the citizens of Orono to services for the- "City of Long Lake. just "occurred within the last year, record. of late payment. She felt Goetten thanked Butler for checking the past record as she :-tad no idea this had gone on for this long. Mayor.'Peterson informed the Council that Long Lake has set up a meeting to discuss the situation. She also noted that they have honored Moorse's request and paid the third quarter payment. Jabbour noted that in no way could he approve any form of joint powers as previously brought up by Long Lake. Butler announced she would be happy to visit the Mayors of other contract cities and explain to them past administrative problems Orono has had with Long Lake and explain the reason for changing the contract with Long Lake to address such problems. She felt the cost sharing formula should remain the same. Moorse noted that to renegotiate the contract for 1992, the City of Orono must notify Long Lake by October 1, 1991, so that would mean a decision would have to be made that evening. He explained he would rather not renegotiate the penalty clause- because there is an opportunity for Orono to cancel the contract for breach of contract if needed, and if the contract were to be renegotiated, Long Lake may have many contract items they wish to renegotiate. Butler expressed her desire to let the officers know that , they do not have to worry about being layed off because of cancellation of this contract. Jabbour asked Barrett what type of notice would have to be given if payment was not received. Barrett advised it would have to be determined when cover= age would cease. 14 t ` �MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 P9LICE SERVICE CONTRACT WITH LONG LAKE — CONT. Jabbour felt they should cancel the contract as of October 1st and renegotiate the contract to include late payment and lack of payment clause. Barrett noted that to cancel the contract at this point and renegotiate would take an enormous amount of time by staff. Jabbour felt it had to be done. Moorse asked what-type of cancellation clause the Council was looking at. Barrett noted that the City, at its sole discretion, could cancel the contract and discontinue service in three months. Goetten stated that we must be sure that the citizens of Long Lake have adequate police coverage. She felt that we, are entering the contract for next year's service thinking they are going to live up to their end of the contract. Jabbour stated that if Long Lake retaliates it -could end up holding payment for any number of reasons. He felt that even if the contract were cancelled, the police department would not need to layoff people as we are currently understaffed. He stated that if the contract is reinstated for 1992, two more persons should be added to the police department. There currently is a lot of overtime paid in that department. Sullivan noted that the department is currently running one person under authorized strength. Jabbour asked how many persons would have to be added to maintain adequate coverage under the contract. Sullivan felt by adding one patrol officer, one investigator and three part time persons to cover vacations and sick leave he would have adequate coverage. Jabbour withdrew his motion. It was moved by Jabbour, seconded by Butler, to cancel the contract with Long Lake as of October 1, 1991 and- start - renegotiation of that contract to add a cancellation clause 'if payment for the fourth quarter police service is received by October 10, 1991. If payment is not received by the deadline date, service will discontinue as of January 1, 1992. Ayes 3, nays I. Mayor Peterson opposed the motion. is MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23,,-1991 POLICE SERVICE CONTRACT WITH LONG LAKE — CONT. Candace Rowlette, 3775 Bayside Road, and a Planning Commission member, commented as a business owner of Long Lake she was not happy with the motion, and as a citizen of Orono she was not happy about carrying Long Lake's portion of the service. She did note that Orono has let this go on for a long time and thereby has set a precedent of Long Lake being able to pay late. She felt that the Council already has many issues before them that require much time and felt that adding another at this time was not a good idea. She noted that she is concerned about what this will do with the relationship between the two cities on working on Highway 12. Butler noted that at the last meeting she attended with the two cities, she noted absolutely no headway at all in working towards a common goal and explained that currently the administrative task involved in keeping this contract has become, so cumbersome that nothing else is getting done. Rowlette felt that perhaps Long Lake would then retaliate by cancelling fire protection for Orono. Butler noted that police and fire services are -u.nder °-a legal. binding contract and since the City of Orono is holding up their end of the deal with the fire contract, we should have no problem. Rowlette asked if-other contract cities are late in their payments: -- Jabbour noted they are always on.time. Goetten declared this issue has gone on far too long and felt that the Council has made their decision based on facts and professional advice. (##20) FIRE SERVICE PROVISION ALTERNATIVES Moorse explained that he had submitted to the Council a memo that laid out the alternatives for fire protection for the City. Mayor Peterson asked if all the City's fire contracts are the same. Moorse indicated that they are not. Goetten felt that we should be prepared in case the need to change fire protection.service arises. Butler directed the City Administrator to provide an in— depth analysis of fire protection alternatives at the October 28th Council meeting. E. ° %-'- 'MINUTES OF THE REGULAR ORONO COUNCIL MEETING - SEPTEMBER 23, 1991 4 (#21) BONDING FOR THE CITY FACILITIES THROUGH THE HRA — RESOLUTION ##3025 Barrett explained that regulations requiring the resolution for the HRA have been changed and the resolution is no longer required. He also noted that Callahan had originally objected to the additional funds listed in the resolution. Jabbour affirmed that to be 110% sure they should pass the resolution. Barrett noted that is correct. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution ##3025, regarding bonding for the City facilities through the HRA. Ayes 4, nays 0. (##22) FINANCING FOR THE NEW CITY FACILITIES Moorse explained that this is a preliminary schedule preparing for the bond sale. He noted that these dates are only tentative. (##23) AMENDMENT TO RESOLUTION ##3009 Barrett explained that the applicant is requesting the Council to reduce the fees as most of the fees were incurred in tracking down a former contract for deed holder and also the fees have not been,broken out so the applicant is proposing payment of half of the legal fees. Goetten noted that the City did all the work in'tracking the former contract for deed holder for the applicant. Butler felt that the City should be reimbursed as staff and counsel have spent a lot of time for the applicant proposing the variance. Jabbour noted that the applicant used the City Attorney at the City's contract rate to do his work. It was moved by Jabbour, seconded by Goetten, to leave Resolution ##3009 as adopted previously. Ayes 4, nays 0. (##24) COUNCIL WORK SESSON CONCERNING THE STUBBS BAY SEWER PROJECT Moorse stated that a public meeting is set for October 14th concerning the Stubbs Bay Sewer Project. He felt a workshop held prior to that meeting would be helpful and is proposing October 7th. 17 r� MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 v COUNCIL WORK SESSION CONCERNING THE STUBBS BAY SEWER PROJECT CONT. A Gaffron asked if it was the Council's intent to discuss the draft briefly at the Council meeting of October 14th and set future dates for public hearings. He advised that the Council should invite the Committee working towards this project. Gaffron asked if the Council considered this third draft of the project as public information. Goetten'felt that the Committee members should be provided with a copy and anyone else can come into the City office and review the proposal but must pay for a copy of fit. Council agreed to meet on October 7, 1991 at 5:00- for a workshop to discuss the Stubbs Bay Sewer Project and to hold a public meeting on October 14, 1991. (##25'x) LICENSES There were no licenses. (#p26*) BILLS It was moved by Goetten, seconded by Butler, to approve payment of the All funds Account. Ayes 4, nays 0. ADJOURNMENT It was moved by Jabbour, seconded by Mayor Peterson, to adjourn the Regular Council meeting at 10:50 p.m. Ayes 4, nays 0. ATTQST: Iothy 1U, allin, City Clerk C Barbara A. Peterson, Mayor 18