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HomeMy WebLinkAbout12-14-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ROLL The Council met on the above date with the following members present: Mayor Peterson, Councilmembers J. Diann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City Administrator• Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and .Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Stephen Peterson was present to represent the Planning Commission. Mayor Peterson called the meeting to order at 7:00.P.M. ( #1) CONSENT AGENDA Jabbour added Items #14, 15,-and 16, and removed Item #33. Callahan removed Items #23, 24, 25, 28, 29 and.38. Butler added Items #19 and 20. Mayor Peterson removed Item #35. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included In the minutes in their respective numerical order. ( * #2, 3 & 4) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular meeting of the Council held on November 23, 1992; the minutes of the Truth in Taxation Meeting of December 1, 1992; and the Special Meeting of December 1, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS There was no report. LONG LAKE FIRE DEPARTMENT REPORT There was no report. PUBLIC COMMENTS Frank St. Lawrence, 250 Cygnet Place, stated the new facility was great and thanked the Council for all its efforts. 1 !� Y • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ROLL The Council met on the above date with the following members present: Mayor Peterson, Councilmembers J. Diann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City Administrator• Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and .Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Stephen Peterson was present to represent the Planning Commission. Mayor Peterson called the meeting to order at 7:00.P.M. ( #1) CONSENT AGENDA Jabbour added Items #14, 15,-and 16, and removed Item #33. Callahan removed Items #23, 24, 25, 28, 29 and.38. Butler added Items #19 and 20. Mayor Peterson removed Item #35. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included In the minutes in their respective numerical order. ( * #2, 3 & 4) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular meeting of the Council held on November 23, 1992; the minutes of the Truth in Taxation Meeting of December 1, 1992; and the Special Meeting of December 1, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS There was no report. LONG LAKE FIRE DEPARTMENT REPORT There was no report. PUBLIC COMMENTS Frank St. Lawrence, 250 Cygnet Place, stated the new facility was great and thanked the Council for all its efforts. 1 M MINUTES OF THE REGULAR,ORONO COUNCIL MEETING HELD DECEMBER 14, 19.92 PUBLIC COMMENTS - CONT. Mayor Peterson-thanked Mark Bernhardson for his efforts regarding the facility. She introduced Shirley Boni ne, Hennepin County Parks Commissioner. ZONING ADMINISTRATOR'S REPORT ( #5); ORDINANCE REVISION - BUSINESS & JOINT USE OF LAKE FACILITIES - SECTION 5.42 (REVISED), SECTION 5.43 (ADD) Gaffron explained he drafted an amendment to the ordinance per the Lake Use Committee's recommendations separating the joint use dock license from the marina business license section. It was later suggested by Callahan that the wording be considered further, and in•the interim, revise the existing ordinance by removing from the. license section the land use sections duplicated within the zoning ordinances. Callahan stated the problem staff has with the issuance o.f many marina licenses is the lack of compliance with land use issues, which. are already addressed within the zoning section of the ordinance. Butler asked if the interim ordinance is adopted, would the Council need to'revisit the Issue at a later date. Callahan stated they wouid.need to revisit the issue. It was moved by Callahan, seconded by Butler, to table action on this matter to the January 25th meeting. Ayes 5, nays 0. ( * #6) #1706.WILLIAM & EVELYN KNAPP, 4300 BAYSIDE ROAD - FINAL.SUBDIVISION /PRD - RESOLUTION #3210 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3210 for Application #1706 for William and Evelyn Knapp.of 4300 Bayside Road, approving the plat of. Cristofori Woods and.granting a conditional use permit. Ayes 5, nays 0. ( * #7) #1749 JIM LAWRENCE, 1550 SIXTH AVENUE NORTH - FINAL SUBDIVISION - RESOLUTION #3211 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3211 for Application #1749, Jim Lawrence, 1550 Sixth Avenue North, approving the plat of Tangiewood Second Addition. Ayes 5, nays 0. 2 7 • J•• i i MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD DECEMBER 14, 1992 ( #8) #1762 PAUL BOYKE, 793 NORTH FERNDALE ROAD PRELIMINARY PLAT APPROVAL - RESOLUTION #3212 Paul Boyke was present. Gaffron explained this is a request for a two lot subdivision of a 4 acre parcel. Both lots satisfy the standards of the septic code. A cul -de -sac exists east of the property from which a private driveway will be provided to serve both lots. The Planning Commission recommended approval on a 5 -1 vote. The minority opinion objected because of the shape of the homestead lot. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3212, #1762 Paul Boyke, 793 Nort.h Ferndale Road, granting preliminary plat approval. Ayes 5, nays 0. Mayor Peterson asked if the configuration of the lot was common. Gaffron stated it is unusual, bu -t is allowed to exist based on the requirements for measuring lakeshore.and non - lakeshore lots widths. ( #9) #1768/ #1786 DR. WILLIAM R. & RHONDA T. OMLIE, 1860 SHADYWOOD ROAD - CONDITIONAL USE PERMIT /VARIANCES Rhonda Omlie and Ken-Larson were present. Mabusth reviewed that at a previous meeting the Council approved a side setback variance to extend the garage along the same line as the existing garage. She noted the conditional use permit is requested for excess' fill for the drive and turnaround improvements. The variances' also are requested for additional deck, patio and walkways. The original proposal showed hardcover in the 75 -250' zone at 31.4 %, which has now been reduced to 30.7 %. She noted the additional filling requires the use of geotechnical. fabric to prevent erosion and retaining walls resulting in additional hardcover. Butler felt the project to be very ambitious for the property and felt the amount of hardcover proposed was excessive. She indicated the hardships presented do not justify the hardcover increases. It was moved by Goetten, seconded by Jabbour, to table Applications #1768 and #1786 for Dr. William R. and Rhonda T. OmIie, 1860 Shadywood Road, to allow the applicants time to reconsider their proposal. Ayes 5, nays 0. 3 r MINUTES OF THE.REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 • . ZONING FILES #1768 & 1786 — CONT... Larson asked what, if any,- percentage of hardcover variance the Council would consider. Butler suggested the applicants revise their proposal, reducing the hardcover percentage as much as humanly. possible to meet the guidelines of the City. ( #10) #1775 ROBERT D. LUESSE, 3249 CASCO CIRCLE — VARI'ANCES — RESOLUTION #3213 Robert Luesse was present. Mabusth explained, per the Planning Commission recommendation, the applicant revised his proposal by attaching the garage and reducing the' size of the garage addition now at 22'x24, but at the same time made the structure' an oversized structure. The Planning Commission did not approve the 6'x8' greenhouse addition. In exchange for the two story 15'x16 1/2' lakeside addition, the Planning Commission asked that the deck on the north side of. the structure be removed and replaced with a smaller entry deck. Mabusth noted the original proposal called f,or 37.2% hardcover and the revised proposal is at 29.4 %. Jabbour felt this proposal an improvement to the property. He felt the applicant followed the directive of the Planning Commission after their first meeting and should be allowed the green house. Stephen Peterson stated the applicant did follow the directives of the Planning Commission, but added the Planning Commission does not get into redesigning an application at the meeting. Butler felt the applicant should not be penalized for following directions. Goetten referred to the compelling letter sent by Mr. Luesse expressing environmental concerns. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3213, #1775 for• Robert D. Luesse, 3249 Casco Circle, approving variances for a garage addition at 28x22', .and_ approving' the 6'x8' greenhouse, amending the resolution to reflect the approvals. Ayes 5,.nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ( #11) #1777 JOHN THIESSE, 3845 BAYSIDE ROAD - VARIANCES - RESOLUTION #3214 John Thiesse was present. Mabusth explained this property is next to the outlot for.Bayside Landing. The 'current proposal is for a second story addition to be installed over the existing single story residence and an intensification of the existing deck by enclosing a portion of the deck. The improvements require hardcover variances and setback variances. She noted no views will be impacted by the enclosed section of the deck because of the curved shoreline. The proposal shows removals of non - structural hardcover reducing the hardcover from 50.4% to 45 %. She referred to a letter from the neighboring property owner to the east expressing concern with the substandard side setback. Thiesse explained the entry steps near that lot line are within 7' of the property Iine, but that access will be eliminated and the steps will be removed. There is an existing well under the steps which he hopes to move. Mrs. Harren noted Mr. Evans was in agreement with their position. She noted they would like to sell a portion of their outlot to Thiesse so a variance would not be needed. Jabbour asked if she would be willing to do so if they no longer would have riparian access. Harren said they do not wish to give up their riparian rights. Thiesse stated, under the new shoreland regulations, he would still need to have variance approval, and if any of the outlot was sold off, the owners could not retain riparian rights. He felt his request for a variance should not be contingent on the purchase of additional property. Jabbour felt they were improving the situation.by eliminating the access and entry stairs on the eastern side. Harren reiterated this issue has just come up and they would like to have their land appraised and have time to consider selling a portion to Thiesse. Mabusth noted the additional land to-be acquired by the applicant would only eliminate the need for a side setback variance. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ZONING FILE #1777 - CONT. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3214, #1777 John Thiesse, 3845 Bayside Road, approving variances for the construction of a complete second floor, entry addition and three- season porch.'Ayes 5,'nays 0. ( #12 & 13) #1778 & #1779 ANDREW GOETTEN, 1385 FOX STREET - VARIANCE - PRELIMINARY PLAT Andrew Goetten was present. J. Diann Goetten abstained from discussion of this item. Callahan clarified that the Council did not desire to rezone the property in question. Gaffron reviewed this two lot subdivision, splitting a 3.6 acre parcel into one 2 acre lot and one 1-acre lot. This would require a variance to both the subdivision and zoning codes. He referred to Resolution #1178 adopted by the Council in the 1980s during the Minnetonka Bluffs Sewer Project indicating standards for future approval of this proposed subdivision. He continued, the MUSA boundary was located to bisect the property. The City Engineer has recommended requiring additional right -of -way dedication, which is standard practice with all subdivisions. Because the road dedications make it impossible for the proposal to meet all zoning and subdivision requirements as noted by the 1980 resolution, staff must recommend denial. It was moved by Callahan, seconded by Butler, to approve Applications #1778 & #1779 for Andrew Goetten, 1385 Fox Street, for a variance and preliminary plat approval as proposed by the applicant, subject to deletion of the requirement for dedication of land for the cu'l -de -sac and the additional right -of -way. Butler indicated the staff memo implies the resolution adopted in the 1980s has somehow been voided. She felt a resolution adopted by the City Council is a binding contract and should be considered done in good faith. Jabbour noted the Goettens paid for the right to subdivide the property In the 1980s by doing more than their fair share to assist in the sewer project. He added the size of the new parcel is not an issue if the street dedication is not required. 11 n MINUTES OF THE.REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 • ZONING FILES #1778 & #1779 - CONT. Mayor Peterson interpreted the adopted resolution to condition approval of a subdivision on the proposal meeting all current standards. She stated she was hard - pressed to approve a lot area variance with a subdivision. She asked what makes this request different- and /or the same as other subdivisions requested. Gaffron stated the Council would be making a compromise to the street standards if this is approved without roadway dedications or upgrades, wh i ch makes i t more d i f i cu I t to enforce the standards in the future. Jabbour reiterated this is an unusual circumstance. He noted the former Council determined the sewer project was more important than the additional right -of -way acquisition. Callahan referred to a 'similar case on Stubbs Bay Road whereby the City made concessions in the past to allow development, which has dictated future approvals. Mayor Peterson asked the ramifications if approved. Barrett felt approval might serve as a precedent. He added, the City made a decision in the past which they felt necessary for public safety, and now they are asked to pay the price. Callahan referred to a recent subdivision request on North Arm which the City recommended less dedication of right -of -way to facilitate the subdivision. Butler suggested 'approval per the applicant's request, not requiring additional road dedication. Callahan accepted this suggestion as an amendment to his motion. Gaffron asked that Council approve the dedication of the additional right -of -way for Orono Orchard Road and Orono Lane, which does not bring the parcel under the minimum acreage. Butler suggested approving only conditions #2 through 7 and #9 in the staff memo. Callahan agreed. Callahan suggested the hardship for approval is that the. City agreed to the subdivision by a contract which the Council determines to be binding. Vote: Ayes 3, nays 1. Mayor Peterson voted nay. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ( * #14, 15 & 16) DAVID CARLSON 600, 610 & 620 BIG ISLAND: #1785 - PRELIMINARY SUBDIVISION - RESOLUTION #3215 #1781/ #1782 - VARIANCE /CONDITIONAL USE PERMIT #1783/ #1784,- VARIANCE /CONDITIONAL USE PERMIT It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3215 for Application #1785, David Carlson, 600, '610 and 620 Big Island, granting preliminary approval of a p.lat'of the properties; and Applications #1781, #1782, #1783 and #1784 for variances and conditional use permits. Ayes 5, nays 0. ( #17) SHORELAND FLEXIBILITY UPDATE Gaffron repor.ted the DNR has h i red a person to do the rev i ew of the proposed shoreland regulations. The City has not received comments from them, bu_t does not anticipate any surprises. Jabbour stated he would IIke to abstain from sending one City. requesting.flexibility the usual response from Orono. Callahan agreed and suggested sending the other four cities a letter acknowledging the City's receipt of their flexibility. request. I - Goetten concurred, but felt a sensitive letter expressing the City's position would be appropriate to the.fifth City. It was moved by Jabbour, seconded by Mayor Peterson, to direct Goetten to draft and send a letter to the City in question citing the City's position and objections to the requested flexibility, and to direct staff to draft appropriate response letters to the remaining four cities acknowledging the City's receipt of the flexibility requests. Ayes 5, nays 0. ( #18) LAKESIDE MARINA - LICENSE ISSUES Jabbour abstained from discussion regarding this issue. Gaffron explained the issue in question is the screening for the east side of the property. He noted the landscape plan for the property p-re -dates Dunn's ownership of the property. Callahan thought installation of. that, screening was the City's responsibility, and maintenance of - same ,is to be Dunn's responsibility. 8 MINUTES OF THE REGULAR'ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 LAKESIDE MARINA - LICENSE ISSUES - CONT. Gaffron noted that neither staff nor applicant have been able to document exactly what screening may have once existed or been removed as a result of the sewer re- routing. He continued that given the possible changes in use of the adjacent property, forcing adherence to the old landscape plan may ultimately be a wasted effort and should no longer be a reason to withhold the license. It was moved by Callahan, seconded by Butler, to approve the 1992 marina license for Lakeside Marina, subject to the conditions set forth in.the "Exhibit ". Ayes 5, nays 0. MAYOR /COUNCIL REPORT A). Jabbour reported, at the LMCD last Board meeting the members received the letter from Mayor Peterson. JoEIIen Hurr gave a speech on the City's behalf. The Board expressed their unhappiness with Orono, and the Chair called for a secret ballet to reconfirm Grathwal's position. The vote was 4 to 8 against Orono's request for Grathwal's resignation. Jabbour noted 50 -60% of the Lakeshore property represented voted for Orono's proposal. He said Orono lost their proposal 2 to 1 based on the opposition having approximately 20% of the Lakeshore represented. He felt that shows the major flaw -in the LMCD's enabling legislation. He stated democracy was not present at that meeting. He added, Orono feels the LMCD's Task Force is flawed, and therefore he did not attend the recent meetings. He said, "under no circumstances should the City feel comfortable having the LMCD represent the City "'. B) Goetten thanked Mayor Peterson and Butler for their many years of service to the City. ENGINEER'S REQUEST ( * #19) REQUEST #2 FINAL PAY REQUEST - MCCULLEY ROAD MSA PROJECT It was moved by Jabbour, seconded by Goetten, to authorize payment to Bituminous Consulting & Contracting for the McCulley Road MSA Project, in the amount.of $4,245.46. Ayes 5, nays 0. ( * #20) CHANGE ORDER #2 - STUBBS BAY SEWER IMPROVEMENT It was moved by Jabbour, seconded by Goetten, to approve Change Order No. 2 that provides for additional items necessary to complete construction of the Stubbs Bay Sanitary Sewer Project. Ayes 5, nays 0. F:; MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ( #21) OLD CRYSTAL BAY ROAD BIKE /HIKE TRAIL -*DICK FLINT Dick Flint and Lili McMillan were. present to represent the Park Commission. Flint introduced Jim White, Shirley Bonine, and - Del Miller from Hennepin Parks. He reported the County originally felt the total trail cost should not exceed $200,000, and anything beyond that amount was due to street improvements which should be the City's responsibility. He noted he was. able to convince Hennepin Parks that if.the trail were to be located further west, they would have difficulty cross Ing'H1ghway 12 and the .raiIroad tracks. Flint said the additional cost is due to the need to upgrade the existing . rura I sections of road to a, urban section to al low the bl.ke trail to be within the right -of -way, thereby eliminating the need to acquire further.easements. He noted they have reached a compromise whereby Orono and Hennepin Parks would split the entire cost .of the project, less the amount for tree planting (which Hennepin Parks will pay),'less the trail extension through Baker Park, and less the easement acquisition amount.- Therefore, the amount Hennepin Parks will be responsible for will be $300,000, and Orono will be responsible for $280,000. A provision has been included whereby if the .entire cost of the project exceeds the estimated amount, either party has the right to cancel and design costs will be split between the two parties. . Jabbour stated he was opposed to the trail running on private .land as easement acquisition is cost prohibitive. Flint noted the $30,000 for land acquisition is hoped to come from future Park Dedication Funds, and the Park Commission is proposing the use of $16,000 of Park Dedication Funds to reduce the City's portion to an amount equal to one year's portion of MSA` funds. It was moved by Callahan, seconded by Butler, to agree, to enter into a contract with Hennepin Parks, with the City Attorney assisting in development of said contract, noting the City's portion is not to exceed $268,000_and the City will not determine the source of funding at this time. Doug Hile, 2790 Silverview Drive, felt the dollar amount for land acquisition should be significantly higher. He noted.the loss of trees on his property due to the trail. Cook stated the trail will actually run on the right -of -way portion by Hile's property, but the storm sewer installation will necessitate the-removal of trees. 10 t t MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 BIKE /HIKE TRAIL - .CONT. Flint stated Hennepin Parks is willing to replace those trees with screening. Callahan felt the City should hold another public meeting to allow affected property owners to express their concerns. F I i nt noted there is nothing in the contract providing the •City with a right to withdraw unless the project cost is over -run. Butler suggested the City not make a decision until they know the total easement acquisition cost. Flint felt.the temporary easements needed would not be costly. White added, the contract was established for the financial benefit of both parties, however, if .for some unforeseeable reason the project could not be realized, the County would be willing to cancel the'project and not hold the City responsible for following through.' Teri Brandenburg stated she has not been kept abreast of the development. She noted in the past she felt intimidated by comments made by Flint and Miller. She added, they were told the trail would be marked to give the abutting property owners some idea'how they will be affected, but to.date that has not happened. Jabbou,r noted detailed plans have not been completed. He asked the staff to contact all affected property owners and inform them of the progress. Brandenburg-expressed concern about the safety aspect of crossing Highway 12, even at the:llght. Mayor Peterson noted that is one concern they have already considered. Butler indicated if the trail is in place prior to Highway 12 being upgraded, the Highway Department would be responsible for the Improvements needed to the trail. Miller stated that he only intended to state factual replies and did not intend to intimidate anyone. Vote:.Ayes 5, nays 0. Jabbour thanked Jim White and Shirley Bonine for their years 'of service. • 11 S ! MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ( * #22) AUTHORIZATION TO-DISBURSE CITY FUNDS FOR CLAIMS RECEIVED It was moved by.Jabbour, seconded by Goetten, to authorize the City Treasurer to disburse City funds in payment of claims received for - the December 28th Council meeting,` which has been cancelled and that such paid claims are to be presented at the January 11, 1993 regular Council meeting for formal approval. Ayes 5, nays 0. ( #23) 1992 INTERFUND TRANSFERS & LOAN.PAYMENTS Callahan asked why some fund.transf.ers are referred to as budgeted and some are not." Kuehn explained the only one that would not have been budgeted for i- -s the street lighting, which is an unknown figure. It was moved by Callahan, seconded by Goetten,, to. approve the interfund operating transfers, loan payments and special assessment payments on City property as presented, effective December 31, 1992. Ayes 5, nays 0. ( #24) APPOINT INSURANCE AGENT OF RECORD FOR 1993 Callahan asked the necessity, of such a position and his responsibility to the City. Moorse explained the City contracts with an insurance agent of record to supply expertise with regard to insurance and fees.. It was moved by Callahan, seconded by Mayor Peterson, to appoint Mr. Duweyn Carlson, Apple Valley Agency, as Insurance Agent of Record for 1993, at a fee not to exceed $7,250, including commissions earned on policy premiums paid by the City,. and to direct City 'staff to review the situation and seek competitive bids. Ayes 5, nays 0. ` ( #25) EXCESS LIABILITY INSURANCE.- RESOLUTION #3216 Callahan asked that this issue be clarified, i f the City e l ects not to waive the Statutory limits, the excess coverage would only be available only for those claims that are not covered. If the City elects to waive the Statutory limits, the excess coverage would be available for all claims. The City has elected to waive the limits because of exposure to some kinds of liabilities which the Statutory limits either don't or might not apply. 12 9 v MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 EXCESS LIABILITY INSURANCE - CONT. Barrett explained in the general terms, the City has sovereign immunity, which has been waived by the State up to a certain Ilmit, so that the City can be sued for damages up to that amount. If the City elects to be insured above Ghat amount, then the City would be waiving the liability so it may actually pay more than the amount. He opined, the contract appears to indicate the only way to get coverage is to waive those limits. It was moved by Callahan, seconded by Butler, to'adopt Resolution #3216 waiving the monetary limits on Tort Liability established by Minnesota Statutes 466.04, and directed staff to further explain this issue-at the next meeting. Ayes 5, nays 0. ( * #26) APPOINTMENT OF AUDITOR FOR FISCAL YEAR 1992 It was moved by Jabbour, seconded by Goetten, to appoint the audit firm of Malloy, Karnowski, Radosevich & Co. to perform the required audits for the 1992 fiscal year at an estimated cost of $15,400 plus direct expenses and to assist with the Certificate of Achievement Financial Reporting Program at a cost not to exceed $3,000. Ayes 5, nays 0. ( * #27) 1993 APPLICATION FOR COVERAGE UNDER THE LMCIT SELF- INSURANCE WORKERS' COMPENSATION PLAN It was moved by Jabbour, seconded by Goetten, to approve the 1993 Application. for Coverage under the LMCIT Self- Insured Workers' Compensation Plan and award the 1993 worker compensation insurance to the LMCIT for the initial net premium of $46,178, effective January 1, 1993. Ayes 5, nays 0. ( #28) 1993 COMPENSATION ADJUSTMENT - RESOLUTION #3217 Callahan suggested it was time to revisit the step increases incorporated within the compensation plan. Moorse stated this information is meant to satisfy questions asked at the last meeting. He noted Council should approve the. wage percentage increase, but the eligible step .increases are only provided for information at this time. It was moved by Cai.lahan, seconded by Jabbour, to adopt Resolution #3217 establishing salaries for City employees and a mileage increase effective January 1, 1993. Ayes 5, nays 0. 13 ti. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ( #29) EXTENSION OF JOINT POWERS AGREEMENT OF THE WEST HENNEPIN RECYCLING COMMISSION - RESOLUTION 03218 It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3218 to extend the term of Joint Powers Agreement of West Hennepin Recycling Commission. Ayes 5, nays 0. ( * #30) LEE & JULIE HARREN. EXEMPTION FROM STUBBS BAY SEWER PROJECT - RESOLUTION #3219 It was moved by Jabbour, seconded by Goetten, to adopt Resolu.tion #3219 exempting the property at 175 Landmark Drive from.inclusion in the Stubbs Bay Sewer Project. Ayes 5, nays 0. (* #31) 1992 & 1993 BUDGET ADJUSTMENTS It was moved by Jabbour, seconded by Goetten, to approve the budget amendments to the 1992 and 1993 budgets to reflect expenditures as presented. Ayes 5, nays 0. ( * #32) SPECIAL ASSESSMENT DEFERMENTS - STUBBS BAY SEWER PROJECT - RESOLUTIONS #3220 & #3221 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3220 approving a special assessment deferment for Rose Madden; and adopt Resolution #3221 approving a special assessment deferment for Hazel Anderson. Ayes 5, nays 0. ( #33)..APPOINTMENT TO THE LONG LAKE FIRE'DEPARTMENT ADVISORY BOARD Jabbour felt it would be an undue hardship to appoint the Police Chief to this position as he has to work closely with both cities. He felt this appointment should be one of the new Council members. It was moved- by Callahan, seconded by Mayor�Peterson, to table consideration of the appointment to the Long Lake Fire Department Advisory Board until January 11th. Ayes 5, nays 0.� ( * #34) JANITORIAL SERVICES NEW FACILITY "REQUEST FOR PROPOSALS" It, was moved by Jabbour, seconded by Goetten, to authorize contracting with Town & Country Services for janitorial services for the new facility for $905.00 per month. Ayes 5, nays 0. ( #35) VOLUNTEER COMMISSION VACANCIES, Mayor Peterson asked that persons whose terms are about to expire be asked if they wish to continue to serve on the Commission. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 VOLUNTEER COMMISSION VACANCIES = CONT. Gerhardson clarified that the Ordinance requires a 8 person Park Commission, but it is strongly recommended to amend that Ordinance to require only 7 people. It was moved by Mayor Peterson, seconded by Jabbour, to authorize the City. to advertise for vacancies on both the Park Commission and the Planning Commission, and to direct staff to draft an amendment to the Ordinance to require only a 7 member Park Commission. Ayes 5, nays 0. ( * #36) PLANS FOR.THE MOVE TO THE NEW CITY FACILITIES It was moved by Jabbour, seconded by Goetten, to accept the memo regarding this item. Ayes 5, nays 0.. ( * #37) PUBLIC WORKS VEHICLE SERVICE EQUIPMENT APPLICATION- & CERTIFICATE FOR PAYMENT #1 & #2 It was moved by' Jabbour, seconded by Goetten, to approve Architect's Application and Certificate for Payment #1 and #2 for vehicle, service- equipment, in the total. amount of $23,367.17 to Zahl Equipment Company. Ayes 5, nays 0. ( #38) JOB EVALUATION STUDY UPDATE Callahan asked if staff is suggesting hiring someone to do-this job. Moorse explained in 1986 the City joined with about 150 other cities and contracted with Personnel Decision, Inc. To update the City's policy would merely involve submitting updated information to that company. It was moved by Callahan, seconded by Butler, to authorize the re- evaluation of the department head positions and staff personnel. Ayes 5,.nays 0. ( #39) AUTHORIZATION TO ESTABLISH POLICE EXPLORER POST Sullivan explained this program provides positive contact with the youth of the area and surrounding communities, and gives them an opportunity to become involved in their community. This program also allows the officers to build a better rapport with the youth. All Council members agreed this is a good and necessary program. 15 ,MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ( #40) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #10 Jabbour asked where the ledger is that would provide the Council with information on the amounts spent to date and. amounts remaining. He said he is unsure of where the requested payments fit into the overall project. Callahan said. Council needs to know how much is left of the bonds, and they do not seem to be able to get the answers they need. Jabbour noted he is afraid change orders may have been approved without Council approval. He noted it is imperative to retain 10% for any corrections needed. Ca 1.1 ahan referred to, the items i n• dispute. Moorse noted those items have not been paid and are not on the request to be.paid. Callahan stated he is reluctant to authorize payment as they do not know the position of each expenditure. Butler stated it was a waste -of time to pay the bill then review the situation. It was moved by Jabbour, to authorize staff to disburse payment as requested, providing the Administrator and Finance Director has ensured to the best of their ability that the amount does not exceed the contract amount, it is only payment for work done, and the 10% retainer is held. There was.no second to the motion. It was moved by Butler, seconded by Mayor Peterson, to establish a meeting for'January 4, 1993 at 4:00 to swear in the newly elected Council members and to hold a special meeting to consider payment as requested, and that the Council receive the necessary material prior to that meeting for revi.ew. Ayes 5, nays 0.. Jabbour withdrew his original motion. ( #41) CITY FACILITIES CHANGE ORDERS It was moved by Butler, 'seconded by Mayor Peterson, to defer consideration of payment until the January 4, 1993 meeting. Ayes 5, nays 0. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING ..�:' HELD .DECEMBER 14, 1992 ( #42) CRYSTAL BAY POST OFFICE LEASE It was moved by Jabbour, seconded by Goetten, to approve the information submitted regarding this issue. Ayes 5, nays 0. ( #43) CHANGE IN COUNCIL MEETING START TIME It was moved by Callahan, seconded by Jabbour, to authorize the starting time of Council meetings to 7:30 p.m. beginning January 1, 1993. Ayes 5, nays 0. l ( #44) CITY OF ORONO, 1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION Butler clarified that both proposed lots do not meet the required 2 acre standard. Mabusth confirmed that they do not, in part because of the wetland to the southwest and the required 50' road outlot. Callahan suggested removal of.this matter from the consideration of the the public to avoid a. conflict with the public hearing .. reduirements, and the Council:review the issues involved with't,he'.. aroperty in closed session. ( #44A) PHONE SYSTEM MOVE & EXPANSION It was moved by Jabbour, seconded by Butler, to authorize Integrated�Communications Inc. to move the current phone system to the new facilities, and the purchase of the additional equipment as needed, for an amoun.t not to exceed $7,380.00. Ayes 5, nays 0. ( * #45) LICENSES It was moved by Jabbour, seconded by following licenses: A 4 Goetten, to approve the Residential Kennel Licenses: Steve Esco, 320 Big Island Wayne.& Gayle Carrier, 1376 North Arm Drive Suzanne Fackler, 3700 Togo Road Judith Spinner, 940 North Arm Drive Thomas & Ingrid Anderson, 3550 North Shore Drive Commercial Kennel License: The Dog House Boarding Kennels, Inc., 3507 Wayzata Boulevard On -Sale Liquor: ;f`Jimmies Lounge, 3380 Shoreline Drive - r 17 �L t. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14; 1992 LICENSES - CONT. Off -Sale Liquor: Navarre Liquors, 3421 Shoreline Drive Club L i quor: Wayzata Country Club, 200 Wayzata Boulevard Woodhill Country Club,..200 Woodhill Road .Off- Sale'Non- Intoxicating Malt Liquor: O'Sullivans., 3420 Shadywood Road On -Sale Non - Intoxicating Malt Liquor: Orono Golf Course, 265 Orono Orchard Road South On & Off Sale Non - Intoxicating Liquor: Navarre Lanes, 3435 Shoreline Drive Ayes 5, nays 0. ( * #46) BILLS It was moved by Jabbour,,seconded by Goetten, to approve paymen of the All Funds Account. Ayes 5, nays 0.- ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at- 10:40 p.m. to Executive Session. Ayes 5, nays 0. ATT ST: • r D rothy,M. Hal Lin, City Clerk Bar b ara A. Pe ralhan, son, Mayor / Edward J. Ca Jr:, Mayor 18 E' S