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HomeMy WebLinkAbout10-14-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 14, 1991 ROLL ` The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Gabriel Jabbour and Edward Callahan. Mary Butler was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, 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. Sara Moos was present to represent the Planning Cmmission. Mayor Peterson called the meeting to order at 7:00 P.M. (##1) CONSENT AGENDA Mayor Peterson added Items ##14, 15, 16, and 20 to the consent agenda. It was moved by Callahan, seconded by Goetten, to approve the Consent Agenda, which includes the following items: approval of the minutes of the Council meeting of September 23, 1991; Stubbs Bay sanitary sewer improvement; additional deferred compensation plan, resolution; certification of delinquent septic inspection fees, sewer and water utility accounts and recycling program fee, resolution; annual performance and salary review for maintenance worker, Scott Oberainger; licenses; 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) APPROVAL OF MINUTES- It was moved by Callahan, seconded by Goetten to approve the minutes of the regular Orono Council meeting held on September 23, 1991. Ayes 4, nays 0. (##3) SEWER PLANT PROPERTY PLAN Dick Flint, Park Commission Chairperson, was present for discussion concerning this property. He noted that the Park Commission recognizes the need for revenue and the value of the site for park purposes. He noted that because of the upgrade to Highway 12, this area will experience a lot of development pressure in the future. Flint explained that the Commission feels it is best to use the site for development and still main- tain access for public enjoyment of the property that is why they are requesting expenditure of the money to contract with Mr. Shardlow to provide options for development of the property. Goetten asked why the project was not being presented to the Planning Commission for their input on the development. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 149 1991 SEWER PLANT PROPERTY PLAN - CONT. Callahan explained that typically if a developer were to bring an application like this to the Planning Commission, they would already have consulted a planner for this type of input. He noted that the expenditure was denied last time to give the Park Commission an opportunity to discuss the fact that the land would have to be purchased by the Commission to use as park land. He felt that they should now go ahead and authorize expenditure of the money to hire the consultant. Goetten asked if the Council felt that this property is so unique as to require professsional help such as this. Mayor Peterson agreed with Callahan. Jabbour felt the need to get someone from the real estate market or outside to determine the true value of the land. Mayor Peterson asked if the Commission intended to see the property developed 100 %. Goetten felt that it should not be developed to that level. Callahan noted that if it is subdivided for development, it would then go to the Planning Commission for their review. It was moved by Callahan, seconded by Mayor Peterson, to authorize expediture by the Park Commission of up to $950 to contract with a professional planner for options of development for the sewer pond property, to be paid for out of the Park Dedication Fund. Ayes 4, nays 0. Mayor Peterson asked how soon this would be completed. Flint replied that it would be completed within one month. He went on to inform the Council of the Park Commission's decision to hold a public hearing to discuss the property that the City owns in the Crystal Bay neighborhood. Gerhardson noted that this is not actually a public hearing, but rather a public information meeting. Flint explained that the City.does need an overall comprehensive park plan. He noted the last one was done in 1980 and it needs to be updated. To date, he noted that the Commission has dealt with matters as they come up, but feels it needs to go beyond and establish this long range plan. Jabbour noted that the Crystal Bay site will be the last to be developed, probably in about 1 1/2 years. Mayor Peterson explained the Crystal Bay residents would like to see a little league ball field, tennis court, or hockey rink. MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 149 1991 SEWER PLANT PROPERTY PLAN — CONT. Flint noted in order to build a little league ball field, additional property would have to be acquired. Jabbour reminded that walking paths are continuously brought up. He noted that the LMCD choose to take the position endorsing what is in the existing Comprehensive Plan regarding Big Island. He felt that having an overall Comprehensive Plan would be helpful when attending meetings of other organizations. Goetten felt' because of the level of involvement of the Park Commission, a liason should be established to help the Commission with their work. Flint noted that person serving as advised that other such as user fe bonding. He felt funding. would be helpful as Gerhardson is the only liason and cannot keep up with requests. He cities receive.money in a combination of ways, es, operating budgets, park dedication and that the City should look at other options for Goetten felt a task force should be formed to review this matter. Goetten noted that Moorse should organize this task force. ' ADJOURNMENT Mayor Peterson adjourned the Council meeting at 7:22 p.m. for the HRA meeting. REGULAR COUNCIL MEETING RESUMES Mayor Peterson resumed the Council meeting at 7:27 p.m. PLANNING COMMISSION COMMENTS There were no comments from the Planning Commission representative, Sara Moos. PUBLIC COMMENTS There were no comments from the public. 3 t ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 14, 1991 (##4) ##1573 CAROL KELLY /JAMES MASSEY, 3020/3030 CASCO POINT ROAD A) REQUEST FOR SPECIAL CONSIDERATION REGARDING PARK FEE — REPORT BY CITY ATTORNEY - B) FINAL SUBDIVISION Carol Kelly was present for this application. Moorse explained that this is a subdivision application that has been before the Council prior to this meeting. He noted that there are a couple of issues that need to be resolved, the first being the amount of the park dedication fee to be paid, and the second when that fees needs to be paid. He noted that the assessor has reduced the valuation to $72,000, thereby reducing the fee due to $5,760. He explained that payment of the fee is a condition of final subdivision approval, due prior to filing the plat. Goetten asked if the second lot could be sold without final subdivision approval. Jabbour noted that it could not, however the applicant could defer payment of the park fee until a later date, but the valuation would then be recalculated from the payment date. Barrett noted that he was incorrect in his original finding at the last meeting, and that the Council does have the option to delay action on the final plat, however, the valuation would then be calculated from that extended time period. Mabusth explained the applicant has a six month period in which to file the plat once the Council has granted final subdivision approval. Kelly noted that she has been trying to complete the subdivision for 1 1/2 years, and it was originally filed under the old park dedication fee ordinance which would have required a $400 payment. She has'since lost two potential buyers because of the status of the subdivision. Goetten noted the Council understands the problems with this application. Kelly noted that she has spent approximately $20,000 on the entire subdivision and all required improvements to the property. She noted that had she been told of the additional park fees in August, she would have discontinued the application and saved approximately $4,200. Jabbour suggested that they approve the final plat but do not file it for the six month allowed period of time. Mabusth noted that after the six months, applicant could request an extension with no additional fees. E! MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 14, 1991 ##1573 — CONT. Callahan asked when the market value is established• for the property. Barrett noted that it is established at the time of preliminary subdivision approval. Callahan noted that the Council could table final approval until the applicant indicates she is ready for approval. Barrett noted that if the time is extended, the value is then established from that extended time. Mabusth questioned whether the applicant could legally sell the property with•only preliminary approval. Barrett explained that she could accept a purchase agreement but the closing would be predicated on the final plat being filed. Flint noted that the Park Commission originally felt the valuation should be calculated at the time of the sale as one would then know what the property sold for, but in reviewing several other cities, they all calculate as Orono now does. Kelly asked how this would affect her mortgage application. Mabusth suggested that the application be tabled to give the applicant time to research the implications with the mortgage company. Kelly noted she would still like the subdivision approved, and payment of the park fee be due upon the sale of the property. The Council reiterated that they legally cannot do that. Mayor Peterson explained to the applicant that she would have the right to extend the deadline for filing of the plat, but the valuation would then be recalculated.. It was moved by Mayor Peterson, seconded by application ##1573 for Carol Kelly and James final plat approval and special consideration fee payment for property located at 3020 an Road, to give the applicant time to research final subdivision approval. Ayes 4, nays 0. 5 Jabbour, to table Massey, requesting of park dedication d 3030 Casco Point the implications of MINUTES OF THE REGULAR ORONO COUNCIL MEETING — ®CTORR 14, 101 (##5) ##1629 DUNCAN MACMILLAN 1700 FOX STREET VARIANCE — RESOLUTION ##3026 Jim McNulty was present to represent the applicant. Moorse explained this is a request to construct an open carport in lieu of the previously approved garage. Jabbour stressed that after the Council granted approval for the project, Mr. MacMillan vowed that was the last request he would have concerning this property. McNulty explained that the project went overbudget and the owners realized they would prefer a carport to meet their needs. Mayor Peterson asked how we would handle the situation when in a year they come back and want the garage. Gaffron noted that the resolution addresses this potential. Callahan noted the applicants originally wanted the garage for security purposes. Callahan asked staff if they had any other concerns. Gaffron noted there were no other concerns. Jabbour asked if covenants were ever filed in the chain of title restricting further development of the property. Gaffron confirmed they had been filed. It was moved by Jabbour, seconded by Goetten, to adopt Resolution ##3026, for application ##1629 for W.D. MacMillan of 1700 Fox Street, to revise their previous variance approval to construct an open carport in lieu of the approved garage. Ayes 4, nays 0. (##6) ##1679 WILLIAM MILLER 2691 CASCO POINT ROAD VARIANCE - PARTIAL REVIEW William Miller was present for this application. Moorse explained that this portion of`the application involves an after — the —fact request for variances for structural maintenance of an existing gazebo /bathhouse in the 0 -75' zone. Goetten felt she could not make a decision without reviewing the entire property and the proposed garage improvement. MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 14, 1001 ##1679 - CONT. Miller noted that at the Planning Commission meeting, Jabbour noted that the application could be split and this portion sent on to the Council for review. He noted that Gaffron also suggested at the time of filing the application that they be put together, to be reviewed as a comprehensive plan for the property. He noted that the garage portion of the application was going to be denied at the Planning Commission so they tabled instead to allow the applicant time to submit revised plans. Jabbour noted that they choose to separate the application because this part spearheaded the entire application and because of the urgency to finish the bathhouse. Jabbour noted that one issue is the structure cannot be improved more than 50% of the 1975 valuation, which must be determined.. Gaffron stated that this structure was never valued or even recorded by the assessor. It was moved by Callahan, seconded by Goetten, to table application ##1679 for William Miller of 2691 Casco Point Road, requesting approval of after - the -fact variance request for maintenance to an existing bathhouse /gazebo. Ayes 4, nays 0. Miller noted he has a problem with tabling the application. He also noted that he would withdraw the garage portion of the application right now if it would allow them to vote on the bathhouse portion of the application. He noted that he has no intention to build just a two car garage as suggested by.- the Planning Commission. Mabusth noted that to date revised plans have not been received by staff. Mayor Peterson noted that if the applicant withdraws the application - -and then later reapplies, he will have to pay the application fee again and will probably be charged an after -the- fact fee because work was continued after notification. Miller explained that the siding was put on after the stop work order but only for preservation reasons because of high winds. Mayor Peterson reminded Council that the first issue to deal with is whether the repairs to the structure are over 50% of the total valuation of the structure. Goetten understood that normal maintenance has always been allowed by Council, such as painting, but footings are considered structural. Mayor Peterson noted it is Orono's hope to some day remove all of these non - conforming structures through this process. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 14, 1891 #1679 — CONT. Jabbour asked if the back of the bathhouse is the retaining wall. Miller concurred it is. He stated that only two new footings were installed and felt this did not exceed 50% of the value as the entire structure should be considered as a whole. Goetten asked who makes the determination on the 50 %. Jabbour noted the Council is responsible for making that determination. Callahan felt the enclosure should be treated as a new structure. Miller noted the structure was enclosed prior to the improvements. He explained he is a fairly new homeowner in Orono and was unaware of the rules. He would not have risked losing the bathhouse. Barrett warned that if the non — conforming structure had been determined to be in a deteriorated state, it would have to be removed. Jabbour asked if this were determined if the entire structure would have to be removed or just the bathhouse. Barrett , indicated whatever portion the Council deemed appropriate. Miller noted he plans to attend future Planning Commission meetings to see how they handle other similar situations as he felt he was treated unfairly. Moos noted she did not feel he was treated unfairly or unjustly by the Planning Commission. Goetten advised that each application is looked at individually by the Commission as each has different circumstances. ( #7) #1684 DAVID & ANNE GRAHAM 2745 SHADYWOOD ROAD VARIANCES — RESOLUTION #3027 David Graham was present for this application. Moorse explained this application involves the improvement of an existing residence structure involving the expansion of a second story and the installation of a two tiered deck_ replacing an existing patio /deck area. Mabusth concurred that the applicant is proposing an expansion of a second story addition in the mid — section of the house, the removal of an existing patio area and three — season porch and replacing it with a two story deck. The original area of the three — season porch and patio shall be replaced with a trellis and natural ground cover restored resulting in no hardcover. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 14, 1991 ##1684 — CONT. Graham noted the current structure is in dire need of repair. They are proposing to reside and reroof the entire structure. Mabusth noted that the majority of this property is located within the 0 -75' zone. She noted there will be a reduction in Iardcover of 3.5% by reducing the size of the circular drive. Mabusth added that the circular drive is the only turnaround on this pennisula, therefore it would be beneficial to retain the turnaround for emergency vehicles. Graham noted there is an easement filed in the chain of title to use this turnaround. He advised that the circular drive has been reduced by approximately 1,000 s.f. Jabbour asked the applicant how soon he intended to proceed with construction on the residence. Graham indicated they would be starting right away. Jabbour noted that per the resolution approval, hardcover reductions would have to be made prior to issuance of the building permit. He asked if this condition could be tied to the issuance of a Certificate of Occupancy. Mabusth explained there would not be a Certificate of Occupancy issued because it is an existing residence, but perhaps it could coincide with the first inspection. Barrett advised that by issuing the permit prior to the removals, the City's remedies to ensure removal have been weakened. Mabusth asked Graham if they will be living there during construction, to which he indicated they would not. She explained a Certificate of Occupancy could then be issued as no one would be living there during the construction and the issuance of such could be conditioned on the removals of hardcover. Barrett noted that the City in the past has not allowed residential construction to be tied to a bond. He suggested an irrevocable letter of credit might be acceptable along with a landscape plan which could not require discretion on the part of the City if they would have to finish the project. Graham noted that it would be best to do the removals of hardcover in the spring and to then repave the road. Mabusth noted they could change the resolution to reflect the need for a developer's agreement and a letter of credit written for 150% of proposed improvements and a landscape plan showing the proposed improvements. E r ' MINUTES OF THE REGULAR ORONO COUNCIL MEETZN® - OOTOM 14, 1091 #1684 — CONT. It was moved by Jabbour, seconded by Goetten, to adopt Resolution ##3027, application ##1684 for David and Anne Graham at 2745 Shadywood Road, subject to the resolution being amended to include requirement of a developer's agreement, letter -of credit and landscape plan for the proposed removals of hardcover. Ayes 4, nays 0. ( #8) #1685 EDWARD BAKER 3059 FARVIEW LANE VARIANCES — RESOLUTION ##3028 Edward-Baker and JoEllen Hurr were present for this application. Moorse explained the applicant is proposing to replace portions of an existing deck and patio with a larger deck within the 0 -75' setback area. He is also requesting encroachment into the wetland setback to-build a safe walkway around the pool. Gaffron noted the deck around the pool was built with minimal walkway around the pool. Applicant is proposing a safer /wider walkway. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3028, application ##1685 for Edward Baker of 3059 Farview Lane, to allow reconstruction of a deck area and stairway. Ayes 4, nays 0. (##9) -TREE REMOVAL WITHIN 0 -75' LAKESHORE SETBACK AREA — DISCUSSION Moorse explained this involves tree removal and replacement of trees within the 0 -75' setback zone. It was moved by Callahan, seconded by Goetten, to refer the matter to the Lake Use Committee for further review. Ayes 4, nays 0. MAYOR /COUNCIL REPORT A) Mayor Peterson advised of a letter they had received regarding a lawn ordinance seminar which she urged someone from the City staff to attend. B) Mayor Peterson advised that Council members should express their concerns to her regarding the AMM legislative policy by November 7, 1991. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING 3 OCTOBER 14, 1991 MAYOR /COUNCIL REPORT C) Mayor Peterson noted that Orono did request a second joint Council meeting with Long Lake regarding the Highway 12 upgrade. The Long Lake Mayor turned down the request and indicated they did not wish to compromise on this matter, and noted she was speaking for the entire Council. The Long Lake Mayor noted they would support any corridor that Orono chose as long as it wasn't through Long Lake. Peterson stressed that a resolution would be passed this evening indicating Orono's willingness to work with Long Lake and this will be submitted to MnDot. Callahan noted that the newspaper noted that Long Lake is thinking of forming a joint powers agreement to make sure that the corridor only goes to the south of Long Lake. D) Callahan referred to a letter he passed to the Council members written to the Hennepin County Suburban Park Commission expressing Orono's view that they do not feel it is necessary for that organization to take up the study of water, as this is covered by other organizations.' It was moved by Callahan, seconded by Mayor Peterson, to direct the Mayor of Orono to send this letter to the Hennepin County Suburban Park Commission expressing Orono's opposition to that organization getting involved with the study of water. Ayes 4, nays 0. E) Callahan explained that on Wednesday, October 16, 1991, the LMCD will most likely be passing the final draft of the revised wetland plan. He felt that a resolution should be adopted expressing Orono's opposition to the adoption of the plan. Callahan noted that even though the second draft is better than the first, it still is not in the best interest of Orono's citizens and will greatly impact them. He noted the plan as printed states that it was done with the cooperation of the 14 cities. Jabbour felt that within the resolution or letter to them, Orono's reasons for opposing the plan should be stated. He noted that the plan has been referred to as our baby", and has had to remind the LMCD that it is their plan and the City is forced to deal with the issue. It was moved by Callahan, seconded by Goetten, to notify in writing the LMCD of Orono's opposition to the plan as -drafted. Jabbour emphasized that if the second plan is not sent on to the Metropolitan Council by November 4, 1991 in an adopted form, the first plan is to automatically be adopted. Callahan noted that there is no possibility that the first plan will be relied upon by anybody even if it is passed. 11 M MUT9R OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 149 1991 MAYOR /COUNCIL REPORT — CONT. Jabbour' felt the City should go on record as participating against their will. He suggested that they have acted in self defense rather than support. Jabbour noted the resolution should show how Orono's participation came about. Goetten noted it goes back to the issue of why the LMCD was formed in the first place. Callahan noted that he and Jabbour should be appointed as representatives of the Council to draft the resolution to take to the LMCD expressing Orono's opposition to the plan, and wanted the motion changed to reflect this appointment. It was moved by Callahan, seconded by Goetten, to notify in writing the LMCD of Orono's opposition to the plan as drafted and the reasons why Orono feels as such, and to appoint Callahan and Jabbour to act as Council's representatives in drafting such a letter. Ayes 4, nays 0. F) Goetten directed anyone from Long Lake to feel free to contact her to discuss the Highway 12 corridor update. She wanted them to know she is always available. G) Mayor Peterson notified everyone that the SAC charge will be increased to $700 beginning in 1992. H) Goetten reported that a concerned resident had contacted her regarding the release of her dog that had been picked up on the weekend. Mayor Peterson explained that the dog was picked up and kenneled by the police department, and because it was a weekend and the office was not open, the resident was unable to pickup the necessary paperwork to have the dog released. Jabbour felt the Police Chief should handle the situation. I) Goetten noted one correction, that the Policy Committee Meeting location has been changed to the Orono Educational Link. (##10) PARK COMMISSION APPOINTMENT Moorse ackowledged that the Council has interviewed three applicants for the vacant position on the Park Commission. Mayor Peterson expressed the Council's appreciation of those willing to serve on the Commission, and she hoped the other two applicants would continue to want to serve the community on other Commissions. 51W MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 149 1991 PARK COMMISSION APPOINTMENT — CONT. It was moved by Jabbour, seconded by Goetten, to appoint Sherokee Ilse to the Park Commission, noting that she has consistently shown an interest in the issues surrounding Orono, has been involved in the past with park related issues, and has indicated that she will be unbiased in her decisions. Ayes 4, nays 0. Goetten reiterated that Ms. Ilse has shown an interest in the Park Commission and Council activities in the past and feels she will be an asset to the community as a member of the Commission. Mayor Peterson noted they will continue to look forward to' Mr. Pattrin's Cable Commission reports. ( #11) CHANGE ORDER #1 CITY FACILITIES FRONTAGE ROAD Cook explained this change order is to relocate the watermain from the north side of the public works site over to the proposed watertower. Cook noted the trunk line would then be extended southward. He noted they could not work out an easement with the church and they did not want to go through the woods. Gerhardson noted this is part of the watertower project, not the facilities project. Cook noted that it is paid for through the trunk connection charge. Jabbour felt that if the easement had been obtained from the church, they would then want to be subsidized and it could end up costing the same. It was moved by Jabbour, seconded by Mayor Peterson, to approve Change Order No. 1 for the trunk Highway 12 frontage road water and sewer project in the amount of $16,550.50. Ayes 4, nays 0. ( #12) SELECTION OF A FIRM TO PROVIDE PROSECUTION SERVICES Moorse submitted information which was gathered during the interviewing process. He noted that 15 proposals were submitted, of which 4 were selected to be interviewed. He recommended hiring the City of Minnetonka to provide prosecution services for the City of Orono for $30,000 per year. Jabbour noted that would be in keeping with Orono's policy to share services. Mayor Peterson asked.if this price is based on an hourly rate. Moorse noted it is a flat fee. He noted that they currently have one attorney and would be hiring another to support both Orono and Minnetrista and do overflow work for Minnetonka. Moorse noted the proposal is based on a 2 year contract, with an increase the same as their regular wage increase. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 14,--1091 SELECTION OF A FIRM TO PROVIDE PROSECUTION SERVICES — CONT. Callahan noted he would like to see the final contract before approval. Moorse indicated he would put together the contract and bring it back for approval. Mayor Peterson asked in what position did the Popham, Haik firm rank in regard to cost. Moorse noted they were in the top range as far as price goes. It was moved by Goetten, seconded by Jabbour, to direct staff to work with the City of Minnetonka to develop a contract for prosecution services, to be returned to the City Council for approval. Said contract fee is not to exceed $30,000 for the first year, and the increase for the second year and any year thereafter is to be consistent with the regular wage increase. of the City of Minnetonka. Ayes 4, nays 0. Callahan commented that although this reflects a substantial savings for the City, the credit for bringing this issue to the Council's attention goes to the current counsel. He also felt that the current contract with the law firm probably reflects a package deal and may not reflect true cost for service. (##13) PROPOSED LANGUAGE CHANGES FOR THE 1992 POLICE SERVICE Moorse reported that they had received payment on October 10th for the fourth quarter police service contract. He noted he had met with Long Lake's attorney and a couple of their Council members to discuss the changes which are noted in the memo. He noted they want the same language on late payments incorporated within the fire contract. Jabbour felt a deadline should be included within the contract for submittal of invoices for service, and noted that the money issue was only the straw that broke the camels back but was not the only reason for the requested changes. Jabbour expressed his desire to see business conducted in a professional manner in the future. Callahan reviewed that the letter which was sent requesting payment was not received by Long Lake. He noted the fire contract is in place and should not be changed. He indicated that if the police service contract is terminated, the responsible party should be responsible for unemployment and added expenses and non — payment should have that same stipulation. Callahan felt that the City Administrator can delegate authority to the police chief, but the administrator is still the responsible party where the police department is concerned. Callahan objected to the termination clause as stated in the memo and felt that if the services haven't been paid within the 30 day timeframe, the contract will be terminated and services will be provided for 30 days more only. He noted this should not be a matter of curing the default. Jabbour agreed with Callahan. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 141 1001 1992 POLICE SERVICE CONTRACT WITH LONG LAKE — CONT. Callahan noted that he would not accept the contract unless item #2 of the memo was eliminated. Jabbour felt that the language should be added to the fire contract to show our good faith. He directed staff to take note when invoices are due, and if not received, they should contact Long Lake to remind them to bill for services. Goetten felt the contract should not be so severe. She felt they should enter the contract with the feeling it will work out. Jabbour' agreed with all the terms but Item #2 and was undecided about changing the fire contract. Callahan noted that the fire contract is established until September 30, 1992. Jabbour felt that Orono should pay for fire service as set forth by the contract and when that contract is up for renewal add the termination language at that time. Callahan noted that he wanted to see the contract in full prior to adoption. Goetten felt that Items #2 and 3 should be omitted. It was moved by Jabbour, seconded by Goetten, to incorporate the proposed language into the police service contract with Long Lake for the year 1992, omitting Items #2 and 3 of the memo dated October 9, 1991 by the City Administrator. Ayes 4, nays 0. Moorse advised that Long Lake wished to incorporate the bottom two items on the memo of October 9th, into the fire contract. It was moved by Jabbour, seconded by Mayor Peterson, to incorporate Items #1 and 2 at the bottom of the memo. dated October 9th into the fire service contract between Long Lake and Orono. Ayes 4, nays 0. It was moved by Jabbour, seconded by Mayor Peterson, to accept one half of the disputed 1989 debit amount in the amount of $6,704, and to consider this issue resolved. Ayes 4, nays 0. ( *#14) STUBBS BAY SANITARY SEWER IMPROVEMENT It was moved by Mayor Peterson, seconded by Jabbour, to schedule a public hearing concerning the Stubbs Bay sanitary sewer improvement for Wednesday, November 20, 1991, at 7:00 p.m. Ayes 4, nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER M 1991 (w #16) ADDITIONAL DEFERRED COMPENSATION PLAN — RESOLUTION #3029 It was moved by Mayor Peterson, seconded by Jabbour, to adopt Resolution #3029 authorizing the addition of the U.S. Conference of Mayors Deferred Compensation Program to the City of Orono Deferred Compensation Plan. Ayes 4, nays 0. Callahan asked why the resolution encompassed elected officials. Kuehn noted that this is the only plan that would allow the Council to participate. Callahan asked how a resolution could be passed that involved the Council. Kuehn noted that it is strictly voluntary and therefore it could be done. Callahan asked who is considered the administrator of the funds. Kuehn noted that he is only the liason between the employees and the plan. The employees select their own investment groups. Callahan asked if the Council is in any way responsible for the selection of the investment groups. Moorse said he would check into it but would assume they are-- not." Barrett indicated that since the plan was selected by the City, the City therefore could be sued. Callahan directed staff to investigate the City's liability. Mayor Peterson asked if there was a disclaimer form that participants would sign. Barrett asked if she meant a hold harmless agreement, and noted that he would check into how they could minimize liability. (w #16) CERTIFICATION OF DELINQUENT SEPTIC INSPECTION FEES, SEWER AND WATER UTILITY ACCOUNTS AND RECYCLING PROGRAM FEE — RESOLUTION #3030 It was moved by Mayor Peterson, seconded by Jabbour, to adopt Resolution #3030 providing for the collection of delinquent charges for 1991 sewer and water utility services and annual septic inspection and recycling program fees. Ayes 4, nays 0. 16 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 14, 1891 (##17) LUCIA MORISON REQUEST FOR A SECOND CURB CUT Moorse explained this is a request for a second curb cut because of safety concerns. He noted that staff has developed some alternatives which applicant does not feel are viable. Morison felt the second curb cut is the simplest way to remedy the situation. She explained that option #2 is not viable because of the berm and trees; and option #3 is possible but there is not a lot of room to turnaround. Jabbour felt concern about the proximity of the curb cut to the corner. He asked if it was possible to use the proposed configuration, but block the existing curb cut. Gerhardson noted that is what staff is proposing and to eliminate the tight turn, the curb cut could be blocked off in the right- of—way just short of the roadway to give a larger turnaround area. Goetten noted the situation is dangerous and felt a second curb cut is warranted. Callahan noted that in the Sugarwoods development, if safety warranted a second curb cut, it would be allowed. Morison felt there is no point to cut off the existing curb cut. Mayor Peterson asked if it would be possible to eliminate the existing curb cut entirely, and make the drive a "S" shape to provide a turnaround. Moorse questioned whether the Council has the authority.to vary from the ordinance, and asked if it should be amended. Goetten noted that it has been done in the past. Barrett pointed out the ordinance does not prohibit more than one, curb cut, but, in this case, Gerhardson feels it is better to have only one curb cut. It was moved by Goetten, seconded by Callahan, to approve a second curb cut for Lucia Morison for property located at 1960 Fox Ridge Road, per her original proposal. Ayes 4, nays 0. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — OCTOBER 149 1991 F ( #18) CABLE COMMISSION BUDGET Moorse explained that per the letter received by the Cable Commission, they have noted that the majority of the members have approved the 1992 budget, and noted they would be happy to send a representative out to explain any items the Council may wish to question. Goetten noted that is what they have a representative for. Moorse explained that even if Orono does not approve the budget, we would still pay the budgeted amount. The Council felt there was nothing else to discuss regarding this issue and did not feel it appropriate for the Cable Commission to send a representative. ( #19) INDICATION OF CITY'S WILLINGNESS TO COOPERATE WITH MNDOT — RESOLUTION #3031 It was moved by Mayor Peterson, seconded by Goetten, to adopt Resolution #3031 indicating the City of Orono's willingness to cooperate with MnDot in mitigating impacts related to upgrading Highway.12 using the existing corridor. Ayes 4, nays 0. Callahan indicated Ms. Butler's support for this motion also. ( *020) ANNUAL PERFORMANCE AND SALARY REVIEW FOR MAINTENANCE WORKER, SCOTT OBERAIGNER It was moved by Mayor Peterson, seconded by Jabbour, to approve a performance and salary review for maintenance worker Scott Oberaigner, and to place him on full —time permanent status and adjust his salary to Level 5, Step 2 of the Compensation Plan effective October 21, 1991. Ayes 4, nays 0. (#21) AMENDMENT TO OWNER /ARCHITECT CONTRACT Moorse explained the amendment to the basic compensation portion of the architect contract. Moorse asked the Council to clarify the original agreement as the first schematics were charged at a maximum rate, and the second schematics have exceeded the first amount spent on schematics. He wanted to know if there was a maximum put on the amount to be spent on the schematics. The Council felt that Moorse should investigate this issue to find out exactly what the original contract stated. ( #22) ADOPTION OF A RESOLUTION CALLING FOR THE SALE OF BONDS TO FINANCE THE NEW CITY FACILITIES — HRA RESOLUTION #1991 -001 It was moved by Mayor Peterson, seconded by Jabbour, to adopt Resolution #1991 -001, calling for the sale of the bonds for the new City facilities. Ayes 4, nays 0. 18 0 N y1 • T MINUTES OF THE REGULAR ORONO COUNCIL•MEETING-- OCTOBER 14o 1991 (##24) CONTRACT WITH KRAUS— ANDERSON FOR CONSTRUCTION MANAGER SERVICES Moorse explained the contract sets the basic compensation at 3% of the total project or a maximum of $89,443. Jabbour asked if the contract indicates an either /or option. Moorse clarified that if the bids come in low, their fee could--be—: reduced. Jabbour agreed and noted that the contract should state that if-, the project is bid at less, the contract amount would go down, and we should give an exemption to Kraus — Anderson to allow subsidaries to work on certain parts of project not subject to the 3 %. Callahan explained they picked a figure lower than 3% that was to be the maximum. In the event of change orders, Orono does not want to be locked in should the project escalate. If bids are increased, the maximum is $89,443. Moorse referred to the last page of the contract which involves Public Works equipment allowance. He noted that large items such as hoists, fueling system, etc. are outside the project cost, but the Council may want Kraus — Anderson to supervise the installation of these large items which could increase their fee up to $5,000. Gerhardson noted that the project cost does not include the salt building. Moorse next explained the reimbursibles, which are basically the field superintendent. He noted that Article 17 deals with general expenses, which they will do and charge us only their costs. ( *##25) LICENSES It was moved by Mayor Peterson, seconded by Jabbour, to approve the following license: Minnetonka Center for the Arts — One Day Set Up Permit 2240 North Shore Drive Holiday House November 20, 1991 — 6 to 10 p.m. ( *##26) BILLS It was moved by Mayor Peterson, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 4, nays 0. PIN r MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 14; 1991. �. ADJOURNMENT Mayor Peterson adjourned the regular Council meeting at 10:42 p.m. f Barbara A. Peterson, Mayor ATTEST: 4 W`^L���T� -yaaV -i.y_'►iim/�y,�/— �y,��(�1ry {��A Linda S..Vee, Deputy Clerk 20