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HomeMy WebLinkAbout12-09-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING,- DECEMBER 9, 1991 ROLL The Council met on the above date with the tifollowi.ng members present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour, Edward Callahan, J. Diann Goetten and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administra 'tor Jeanne Mabusth, ;City Attorney Tom Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. CONSENT AGENDA Goetten removed Items 19 and 22. Jabbour removed Item 14. Butler added Items 5 and 10. be added. F Goetten requested that Item 5 not Callahan added Item 12 and removed Items 16, 17, 20 and 23. It was moved by Callahan, seconded by Butler, to approve the Consent Agenda, with the exception of Item numbers 14, 16, 17, 19, 20, 22 and 23 and with the addition of Items 10 and 12. 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) APPROVAL OF MINUTES It was moved by Callahan, seconded by Butler, to approve the minutes of the regular meeting of the Council held on November 25, 1991. Ayes 5, nays 0. It was moved by Callahan, seconded by Butler, to approve the minutes of the public hearing of the Orono Council held on November 20, 1991 regarding the Stubbs Bay Sewer Project. Ayes 5, nays 0. PUBLIC COMMENTS Neil Castagna, 1890 Shadywood Road, Environmental Director of the Lake Minnetonka Lake Owners' Association, stated he attended this meeting because he thought the DNR was to present a proposal on the proposed boat launch on Maxwell Bay. He stated the Lake Owners' Association is'against the launch site for many reason, some of which are: environmental, over — crowding, safety, parking and zoning issues. He urged the Council to conduct a public hearing to allow citizen input. Moorse explained that the DNR is planning to have a conceptual plan by mid— December, and is planning a public meeting to be held in mid — January of 1992. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 PUBLIC COMMENTS — CONT. Jabbour felt that by the time it was to be Council, they may be reviewing the issue in a option to buy the land expires mid — January. notify the DNR to present their proposal to scheduled meeting. Goetten asked if the DNR could legally go ahe approval. Callahan felt that since the protect Orono may involve legal defense on the part of DNR, executive session. reviewed by the past tense as the He suggested they the Council at a ad without Council implementation of ordinances to action on the part of Orono or it should be discussed in an Barrett explained the DNR can certainly buy land without the approval of the City, but it may be using State funds for public purposes which may be.in conflict with City ordinances. Mayor Peterson directed staff to publish a public hearing to be held on January 6, 1992 at 7:00 p.m. in the Orono Link. Callahan suggested the Council remind the DNR that they can hold their own public hearing prior to the purchase of the property. Jabbour suggested that Gene Strommen and the LMCD Board members be notified of the meeting. Ken Zullo, 3160 North Shore Drive, clarified that he just found out about the project and was very concerned about many aspects of it. Butler explained that staff has met with the DNR, who explained what they are proposing on Maxwell Bay, but nothing has been submitted to the Council in writing as of yet. Mayor Peterson assured Zullo that one of the Council's main concerns was the safety 'issue. Zullo reviewed that he had heard the launch would have a 1 —lane access. Goetten confirmed that the property is substandard and is zoned residential. Butler stated that the launch would be in a lake —use zone that: the DNR has determined does not need additional public launching facilities. Jabbour advised that he has sent a letter to the LMCD asking them' not to act on any issues regarding land use without receiving input from' the City first. He suggested citizens. lobby the LMCD. Callahan also suggested lobbying the DNR. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - DECEMBER s, 1091 PUBLIC COMMENTS — CONT. Castagna directed that the DNR's position is that it wi 11 be a minimum launch for fishing boats, with only 25 parking spots, to enable them to reach their goal of 700 parking spots with access to the lake. He felt the proposal would set a negative precedent within the Community. Paul Schueller, 1280 Spruce Place, asked what the Council's position was on the proposal. Mayor Peterson reviewed that the Council has not received any proposal on the launch, but felt the concensus of the Council was in opposition of the proposal. Callahan reiterated that they are not sure what they can legally do or prohibit. Jim Rivers, 1440 Shoreline Drive, asked who has the right to rezone the property. Butler noted the DNR may be able to rezone without the City's approval. Goetten directed them to review the situation of Hennepin County Parks and land within Minnetrista, where the City was against the purchase of land for park land. She reviewed that the last right a City has is to deny such a proposal, and the Legislature took that right from cities. She noted that they should lobby support of surrounding cities. Rivers noted that if a private land owner were to ask for a rezoning of such a property for such a proposal, they would be turned down and felt the DNR should also be denied. Callahan stated that Orono is vulnerable to this type of proposal as it has the most open land around the lake, and felt that the next issue may be Big Island. Jabbour felt that the best way to stop the DNR would be to prove that the proposal is not advantageous to the public because of health and welfare issues. He stated that the DNR is breaking all the rules of the shoreland regulations, which the DNR has implemented. Lee Fishbeck, 3135 North Shore Drive, asked if a study of possible accidents due to the proposal in that area has been requested.' Mayor Peterson agreed that documentation will be asked for and thanked everyone for coming on behalf of this issue. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - DECEMBER 9, 1991 ( #4) #1691 & #1702 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD NORTH — CONDITIONAL USE PERMIT AND PRELIMINARY SUBDIVISION — RESOLUTION #3051 Jeffrey Roos was present to represent the applicants. Moorse explained that this is a request for preliminary subdivision approval, PRD development and comprehensive plan amendment. Roos explained that a preliminary grading and drainage plan has been submitted and reviewed by staff. He noted that the site is difficult to develop because of the uneven elevations Another issue to be addressed is access to the property to the north via the outlot. He stated that he has discussed this issue with the Long Lake Council, which they agreed had been discussed previously. They recalled that discussions occurred that if the property to the north were to be developed as single family with a maximum of 7 -8 residences, an access would be considered by Orono. Goetten reiterated that those discussions regarding the access were informal and nothing was ever stated as far as access in the final compromise. She had no problem with pedestrian access and access to the lift station on the northern portion of the roadway. Jabbour felt Long Lake is looking for guidelines to be placed within the covenant. Barrett felt they would be better off to decide a maximum number of units at this point. Mayor Peterson recalled conversations regarding access but noted a maximum number of units was never determined. Callahan suggested they not include a maximum number of units allowed to access the property and follow direction of the resolution, recognizing the fact that the outlot would be solely for access purposes to the lift station. If at a later date they request further access, the developer can apply to the Council for consideration. Butler stated that she felt that there should be no vehicular access off of Outlot B to any property to the north. She thought that pedestrian traffic was an excellent idea.---..w Roos asked that the Council set a maximum number of units allowed to access off the Wolf property onto the proposed subdivision to avoid steps in the process in the future. Goetten explained they have no site plan for development of the Wolf property to review and felt setting a maximum number of allowed units to access should wait. Butler agreed. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 ##1691 & ##1702 — CONT. Jabbour felt that they should make known to future Councils their policy on development of this property by setting a maximum allowed to access from the Wolf property to the north. Butler reitated that at the last meeting, it was clear that the Council was opposed to allowing through traffic from Highway 12 to Orono Orchard Road. Goetten felt they had a responsibility to the citizens of Orono who live in the area to ensure there is not a major traffic impact. Butler stated that they do have control over development of this property; but have no control over development of property to the north.' She felt that Wolf should obtain access on his own. Roos felt that restricting future development from the north to access through the property was putting them at a disadvantage and stated that the road will be capable of handling much more than the current proposed development. Mayor Peterson agreed with Jabbour and felt they should set a maximum-number. Callahan noted that a maximum number would not bind future Councils any more than than the number 0 would as the covenants can be changed. He stated that he did not recall any conversation regarding granting access to the Wolf property, other than denying such. Moorse explained that it may be beneficial to set a maximum number that both Councils agree upon, so in the future if additional access is proposed, the Councils would have a number, that both had agreed upon, to commence from, rather than start all over again. Goetten commented that the Wolf property is not a part of the property being subdivided, and noted that discussions regarding access were at informal meetings. Mabusth noted that Rowlette, Planning Commission member, asked that the height of monuments be restricted, within the covenants. Jabbour noted he had received calls on restrictions of outside storage on the properties. Butler stated that she would like to see language incorporated within the covenants limiting removal of mature trees. Mabusth explained that the roadway has been moved closer to the pond in order to save a mature stand of trees, and also because of the higher elevation at the east side of the road bed. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 #1691 & #1702 — CONT. Roos explained that they have tried to be sensitive to the neighbors' concerns. Goetten noted the Council has appreciated their efforts. Butler directed comments to the proposed covenants. She noted that in Covenants #3 (B) it suggests that structures listed not extend more than 6' above grade level. She suggested that be reduced to 3'. _ Butler noted Covenant #8 be filled in to read "not to exceed 3 1/2 feet in height" to be in keeping with the allowable fence height. Callahan asked that condition #1 be explained in regards to "monetary damages ". Barrett explained that this provides for the City to get an injunction whether or not there are monetary damages. Roos commented on condition #9, home occupations, and asked which would be allowed. Barrett noted that home occupations which definitely interfere with the residential atmosphere of the neighborhood would be in conflict with the covenants proposed. He noted that the City has been granted an extension from the Municipal Board until late January to come to acceptable terms for development. He suggested that Council adopt the resolution which gives authority to continue the subdivision process and establishes guidelines for the development of covenants. Mabusth noted that Page 6, Item 4 and Page 7, Item 9, need to be changed to read "Orono Orchard Road" rather than Orono Oaks Drive. Callahan asked what condition #9 meant. Barrett explained it is establishing control over Orono Orchard Road, which will remain within Orono, so as not to create doubt regarding maintenance of said road. Butler suggested the elimination of everything other than the first sentence of condition #2 on Page 6 of the resolution. It was moved by Callahan, seconded by*Butler, to adopt Resolution #3051, with the appropriate amendments as follows: to eliminate everything but the first sentence of Condition #2 on Page 6; to amend Condition #9 to more clearly indicate the intent of the condition; and to change Conditions #4 and #9 -to read Orono Orchard Road rather than Orono Oaks Drive. Ayes 3, nays �2. Jabbour and Peterson voted nay because they felt a maximum number of units from future development to the north should be defined. . MUM OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 ( #5) #1697 JIM RIVERS, 1440 SHORELINE DRIVE — AFTER— THE —FACT VARIANCES — RESOLUTION #3052 Jim Rivers was present. Moorse explained this is an application for after — the —fact variances to approve a deck constructed 13 years ago without a permit, which replaced an existing stone patio. Goetten informed Rivers that from this point on the Council wanted him to know that at anytime improvements are proposed on lakeshore property, approval must be obtained prior to commencement of the work. It was moved by Goetten, seconded by Butler, to adopt Resolution #s3052, application #1697 for Jim Rivers, 1440 Shoreline Drive, to approve after — the —fact variances for construction of a deck. Ayes 5, nays 0. ( * #6) #1699 MICHAEL RENARD, 1185 TONKAWA ROAD — RENEWAL VARIANCES — RESOLUTION #3053 It was moved by Callahan, seconded by Butler, to adopt Resolution #3053 for application #1699 for Michael Renard of 1185 Tonkawa Road, to approve renewal variances to allow construction of an addition to his existing residence. Ayes 5, nays 0. ( #7) #1701 PHYLLIS B. SPRAGUE, 3340 NORTH SHORE DRIVE — VARIANCE Phyllis Sprague was present for this application. Moorse explained this is an application for variances requesting a non — conforming residential use to be allowed on a commercially zoned property. Butler noted that the Planning Commission approved the use as an accessory structure and as long as the applicant was aware that the structure could never be used as a permanent dwelling, she felt the proposal was acceptable. She noted the property could never be sold as two individual dwelling units. Sprague noted that the parcels would be legally combined. Callahan asked what the property is zoned. Mabusth noted it is zoned B -2. 7 I MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 ##1701 — CONT. Callahan stated may not have the noted this land even after the substandard and to remain on the that this is a non — conforming use and the Council legal right to grant approval of such a use. He is adjacent to two marinas. He also noted that combination of the lots, the property is they.would be allowing two principal residences parcel. Goetten agreed and deferred the question to Barrett, Barrett agreed that the Statute prevents the Council from granting a use variance. He noted approval of this application may present difficulties in other applications. Mabusth noted the applicant is requesting the rezoning of the two parcels. She noted the property owner to the west is interested in also rezoning. Jabbour stated he' has no problem with what the applicant is proposing, however he noted they may not be legally able to allow the use. It was moved by Goetten, seconded by Callahan, to table application #1701 for Phyllis B. Sprague at 3340 North Shore Drive, to allow the City Attorney time to submit an opinion on the matter. Ayes 5, nays 0. ( #8) #1703 EDWIN J. & TRACEE GIBBS, VACATION OF CLARA AVENUE — RESOLUTION #3054 Edwin and Tracee Gibbs were present. Ralph and Ruth Knox were also present for the application. Moorse explained that the applicants are requesting vacation of unimproved right —of —way that the City has determined they do not need for a roadway. The adjacent property owners have requested vacation and the property be reverted back to them. The Public Works Director is requesting a drainage and utility easement along the property line. Callahan asked if the vacation could include all property but that requested for the drainage and utility easement, which has already been dedicated to the City. Barrett noted that the City wouldn't necessarily have to give up the entire easement, but it may be more trouble to subtract the portion requested as drainage easement as it has never been defined. He noted he would look into the issue. It was moved by'Callahan, seconded by Goetten', to vacate the road except for the portion requested to be dedicated as drainage and utility easement, and if upon the advise of Counsel it is necessary to vacate the total road and acquire the necessary easements as a condition,. the staff followup on such requirement. El MINUTES OF THE REGULAR ORONO COUNCIL MEETING - 0909M ER O; 1091 #1703 — CONT. Gibbs noted the people who think they own the area to be vacated are present, the Knoxes. The Knoxes had no problem with the proposal as presented by the City. Callahan withdrew his motion. It was moved by Callahan, seconded by Jabbour, to adopt Resolution #3054, application #1703 for Edwin and Tracee Gibbs for the vacation of Clara Avenue. Ayes 5, nays 0. ( #9) CHRISTOPHER SMITH, 3650 CASCO AVENUE — REQUEST FOR FOUNDATION BUILDING PERMIT Chris and Mary Smith were present for this application. Moorse explained this is a request fo"r a foundation building permit because it was determined upon application for a building permit that an average lakeshore setback variance would be needed. Butler noted the letter of request indicates because of "lack of snow . . . ", she felt the basic premise for the request has been nullified. Goetten noted a request like this has never been approved, that she could remember. T M. Smith noted they have taken great steps to preserve- the 12 maple trees on the property. She noted they have retained the services of Rainbow Trees who has advised that it would be best to have the heavy equipment on the property during the time period the trees are dormant and when the ground is frozen so there is less crushing of the roots. Goetten indicated their request probably would be approved at the end of January. Smith noted the road restrictions are scheduled to go on mid — March which would delay construction. Jabbour noted the Council does not have any recourse if they approve the permit at that point. Smith reviewed that prior to purchasing the property they met with Inspector Vang to find out if variances would be needed for construction. . She noted their plan had been revised in order to comply with hardcover restrictions. She stated that if allowed to proceed and they were not granted approval, they would bear all costs for removal of the foundation. CHRISTOPHER SMITH, 3650 CASCO AVENUE — CONT. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 Goetten appreciated the applicants' concerns, but noted this type of request had never been allowed in the past. John Schulties, builder, noted that he would need more than a month to complete the foundation and backfilling work. He noted that if the trees are to be considered, the house should not be built within the coming year. Smith reiterated that after three meetings with staff, they were__ still not aware of the need for variance approval, and noted that is why the application was not submitted earlier. Mabusth noted that Vang was never supplied with a copy of the plat map indicating layout of adjacent platted lots. Smith noted it is an unusual property and he does not blame staff for the oversight. He stated that in conversations with the City, no one thought to look to the property to the north because they have a corridor to the lake with a dock for setback requirements. He noted that if the foundation is not started immediately, there will not be enough time to bring. in the materials for construction. Butler stated they appreciated the applicants' efforts, but felt approval would be precedent setting and she noted she could not approve. Jabbour noted the Council does not have the power to reduce the steps to a variance application which are required by law. Smith asked if the code specifies "adjacent resident structure ". Barrett explained the code specifically states "the distance from the shoreline of existing residence buildings on adjacent lots ", which would not allow for approval of the permit without variance ' approval. It was moved by Butler, seconded by Jabbour, to direct the request of Christopher Smith of 3650 Casco Avenue to the Planning Commission to follow the normal and prescribed course of events for a variance application. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3055, with the appropriate changes, to be sent on to the appropriate governmental body regarding the repeal of the presidential primary. Ayes 5, nays 0. B) It was moved by Jabbour, to draft a resolution to be sent to communities around Lake Minnetonka asking them to urge the LMCD to adopt a policy whereby actions will not be taken on shoreline issues without giving a 30 day notice to the affected city. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING s ®EOEM ®ER 9; 1 @91 MAYOR /COUNCIL REPORT — CONT. JoEllen Hurr, LMCD representative, was present. She noted that she had talked with the DNR and has pushed them for a conceptual plan to be presented at a tentative meeting on December 19th at 10:00 to be held at the LMCD office. Hurr noted that the LMCD is still considering a lighting ordinance, and most cities felt that the LMCD should stick to governing the lake. Mabusth noted Orono does have a lighting ordinance in effect. Callahan felt they should express in writing their objection to the LMCD governing any portion of land use. Goetten felt a letter to the LMCD should be written explaining when an' issue affecting the cities is before them, the LMCD should contact those affected cities. Hurr noted the LMCD has adopted a very stringent ordinance which will try to control the zebra mussel. She noted it is the ordinance which was first adopted by the Minnesota Lake Federation Group. Jabbour stated that the LMCD seems preoccupied with adoption of rules, but wanted to know what the consequences for breaking those rules are and who will enforce. Hurr noted they have incorporated consequences and they will need to enforce. She stated that the recently adopted ordinance controlling the spread of zebra mussel may be too stringent to enforce, but at least it is on the books if it is ever needed. Jabbour concurred with Hurr about the zebra mussel and.felt.that perhaps the cities should bypass the DNR and go directly to the Legislature. He noted funds should be designated for remedies and prevention of these exotic diseases. Hurr explained that other agencies will suffer from the spread of the zebra mussel. , Hurr stated that the comprehensive plan is currently being reviewed by the.Systems Committee at the Metropolitan Council. Callahan noted they had not received a final draft. Hurr noted she would supply a copy of the draft. She noted a hearing would be held`by the Systems Committee regarding the plan, but comments to date have been generally supportive. Jabbour suggested' sending a formal -response regarding the shoreland regulations. 1 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 MAYOR /COUNCIL REPORT — CONT. Callahan noted a formal response had not been drafted yet, but one certainly should be composed and sent onto the appropriate agencies. Jabbour asked Hurr's opinion of Big Island and the comprehensive plan. Hurr felt that Orono's Comprehensive Plan does not clearly designate private use of the island. She noted that old plat shows a public use. She stated that it would be difficult to convince the LMCD not to use the island for public land'if that is the way it is designated in the Comprehensive Plan. Jabbour stated that something should be done at the beginning of 1992. Hurr noted that the Council may rue the day if they do not make. the appropriate changes. Goetten noted that she does not want what happened in Minnetrista to happen in Orono. C) Goetten asked Mayor Peterson how their last meeting had gone. Mayor Peterson noted the meeting had been canceled and rescheduled. D) Mayor Peterson announced that Trinity Lutheran, St. George, and Calvin Presbytrian churches will sponsoring a 2 —day seminar on crisis management. The public is welcome. E) Goetten announced that there would not be a Policy Technical Committee meeting in December. The next scheduled meeting is January 15, 1992 at 5:30 p.m. F) Goetten noted the M.C.W.D. held a meeting last week on the clean water issue. (#11) DEFERRED COMPENSATION PLAN VERSUS FICA FOR NON —PERA EMPLOYEES — RESOLUTION ##3056 Moorse explained this is an alternate deferred compensation plan for non —PERA employees, so the City does not have to be involved in FICA. The benefit of this plan as opposed to FICA would be that the City would not have to pay their portion of the tax. He noted this type of plan would basically _apply to seasonal — temporary personnel, of which the City currently does not employ many of this type of worker, but may in the future. He noted that the City is offered this.option only once.- -" He noted that the plan could be mandatory or optional at-.the discretion of the City. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - DECEMIER G, 1991 DEFERRED COMPENSATION PLAN — CONT. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution ##3056 authorizing the United States Conference of Mayors' (USCM) deferred compensation program to include all City of Orono employees, to enable the program to be used as an optional pension plan for Orono employees. Ayes 5, nays 0. ( *##12) EXTENSION OF CONTRACT WITH STRGAR — ROSCOE — FAUSCH FOR ENGINEERING CONSULTING SERVICES It was moved by Callahan, seconded by Butler, to enter into a contract with St'rgar— Roscoe — Fausch for additional consulting - services for a cost not to exceed $5,000. Ayes 5, nays 0. ( *##13) 1992 MEETING SCHEDULE It was moved by Callahan, seconded by Butler, to adopt the 1992 City meeting schedule and calendar. Ayes 5, nays 0: (##14) 1992 APPOINTMENTS — RESOLUTION ##3060 Callahan asked why the auditor was changing. Moorse explained the firm merely changed its name. Callahan noted he is not familiar with anyone on the Building,, Board of Appeals other than Maureen Bellows. He asked how these people are picked. - > Mabusth explained they are choosen because of their expertise in the building field. Butler suggested rotating the acting Mayor position to.. al °low others a chance to serve. She proposed Goetten for the position. Butler noted there is an additional "n" in Gerhardson as assistant weed inspector. She noted that she should not solely be the representative to the Highway 12 Technical Committee. Goetten suggested they share the position. Jabbour suggested that other Committee members be listed in the appointment resolution, such as the HRA Committee, and Lake Use Committee. Goetten recalled that the depository must be voted on that evening. Moorse noted the newspaper must also be voted on. It was moved by Goetten, seconded by MayorjPeterson, to -adopt Resolution ##3060 reappointing the official newspaper,. the official bank, the depository and investment vendor. Ayes 5, nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER•9,.1991 ( * #15) PROSECUTING ATTORNEY CONTRACT It was moved by Callahan, seconded by Butler, to approve the agreement for a Joint Powers Agreement for Prosecution Services. Ayes 5, nays 0. ,(##16) 1992 COMPENSATION ADJUSTMENT — RESOLUTION #3057 Callahan noted the adjustment is in keeping with the pay equity law. _.. .. ,. . .. , 1. Moorse indicated that is correct, and there are three persons currently employed whose current pay is above the level the pay equity law provides for. He noted they have been limited, in recent years in the amount of wage increase they received, to allow them to come into compliance. He noted that basically for 1992 their salaries have been frozen. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3057 establishing salaries for City employees for 1992. Ayes 5, nays 0. ( #17) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Callahan noted the authority ought to be limited to payments or claims which are bills or statements received in the -normal course of business. It was moved by Callahan, seconded by Butler, to authorize the City Treasurer to disburse City funds in payment of bills or statements received in the normal course of business. or City functions until the next scheduled Council meeting, and to present any bills for ratification at. the January 13, .1992 _ meeting% Ayes 5, nays 0. ( * #18) 1991 INTERFUND TRANSFERS AND LOAN PAYMENTS It was moved by Callahan, seconded by Butler, to approve the transfer, loan and special assessment payments effective December 31, 1991. Ayes 5, nays 0. (19) RECYCLING BID AWARD { Moorse explained that the recycling company, Polka Dot, has gone out of business. He noted Gerhardson will be attending a meeting with the West Hennepin Recycling Committee to determine an alternative. He noted that two bids for 1992 were• received., one of which was from Polka Dot, and the other approximately double the first bid. He stated that a notice will be sent to all residents telling them of the change. It was moved by Goetten, seconded by Butler, to reject the 1992 recycling bids. Ayes 5, nays 0. 14 MINUT99 OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 90 1991 (##20) 1992 CONTRACTS WITH LONG LAKE Callahan noted the former contract allowed for a termination notice which had to be given by October 1. He noted the new contract allows the contract to run from January through December, and does not allow ample time for the other party to regroup in the event of termination. Jabbour felt notice of termination should be given prior to the adoption of the next year budget. Moorse explained this contract is only an interim contract, with the assumption that there'will be many changes made to the 1 contract for 1993. Butler suggested that "whereas, the contract for 1993 shall °be agreed upon no later than October 1, 1992 ", be added•. She asked Sullivan about a conversation that he had with the Long Lake Council regarding the price 'for police coverage, and the fact that they are already short funds for 1992. Sullivan explained that Long Lake had arbitrarily designated $220,000 in the preliminary budget for police service, which allowed between 1 1/2 to 2 additional persons. He tried to have them conceptualize 2 persons rather than the 1 1/2. He noted one Council member suggested they transfer money from the legal fund to the police fund, which resulted in a 2 -2 vote. He explained they decided to stay with the original figure with the understanding that they would receive 40 hours a week- for the first few months, and starting around March ist, they would be allocated 80 hours additional .a week. Butler reiterated that she wanted the price of the contract known up front, and wanted it known that Long Lake has set its -budget lower than the contract price. Sullivan noted that there was a lack of communication in the previous year. He'noted the coverage was changed during the year to reflect the price Long Lake was paying. Jabbour stated that because of newspaper coverage, the citizens believed there was a dispute between the two cities because of a $5,000 bill, which he noted is not a major issue to him. He noted his major concern is how the City can run efficiently based on contract cities decisions. He.noted that Long Lake was to budget for 2 '1/2 additional persons for 1992, consequently the Council approved hiring of additional personnel._ He noted now Long Lake is below even 2 additional persons. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 1992 CONTRACTS WITH LONG LAKE — CONT. Sullivan noted that in negotiations prior to the authorization to hire additional personnel, Long Lake had reduced their request for additional manpower. He noted at that time they,asked the price for less -personnel there was no contract in effect, therefore making it fair game to renegotiate the amount of additional personnel. He stated at the Long Lake Council meeting, Long Lake asked him if he would seek to do things as cost effective as possible, and he indicated to them he would. Long Lake also asked if additional manpower and time was required, would Orono notify them prior to the service, and he indicated he would do that. Jabbour noted the Long Lake budget is tight, as is everyone's, and he just wants to make sure that Long Lake will be able to.pay its portion for service. Sullivan felt it would be beneficial to have :multi —year contracts. Callahan noted the previous year's contract provided that after the expiration of the contract, Long Lake would pay extraordinary costs whether or not they terminated. The current.. contract provides that Long Lake pay only if they terminate. He_ stated that the City of Orono has incurred these extra costs because of the contract, and he felt Long Lake should pay no matter who terminates the contract. Moorse indicated he thought the language had been changed and will review the contract again. It was moved by Callahan, seconded by Jabbour, to adopt the contract with the appropriate amendments, as discussed at previously during the meeting. Ayes 5, nays 0. ( *##21) CITY ADMINISTRATOR VACATION REQUEST It was moved by Callahan, seconded by Butler, to allow the City Administrator, Ron Moorse, to take vacation the afternoon of Tuesday, December 24th and on Thursday, December 26 and Friday, December 27th. Ayes 5, nays 0. (##22) SAFETY IMPROVEMENTS TO COUNTY ROAD 15 — RESOLUTION ##3059 Goetten wanted to know what type of improvements are proposed. Butler explained the County-is going to do a "feasibility study to consider the upgrade of the existing roadbed, and the road .will t only end up wider in areas where turn lanes are necessary. g Goetten noted that the County Road currently crosses her"property and she will never allow for further expansion of the roadbed. 'v 16 ft MUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 SAFETY IMPROVEMENTS TO COUNTY ROAD 15 — CONT. It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution ##3059 requesting, in the interest of public safety, that Hennepin County conduct'a feasibility study- regarding the creation of passing and turning lanes on County Road 15 within the City of Orono while•maintaining_the roadway as a two lane road. Ayes 5, nays 0. (##23) RESTRICTION OF THE USE OF THE BUILDING CAPITAL OUTLAY FUND,, It was moved by Callahan, seconded by Mayor Peterson, to table the resolution restricting the use of the Building Capital outlay -, `r Fund. Ayes 5, nays 0. t (*#24) LICENSES — RESOLUTION ##3058 It was moved by Callahan, seconded by Butler, to approve the following licenses: Northwest Tonka Lions Club — Gambling Permit — Resolution ##3058 at Navarre Lanes — 3525 Shoreline Drive William Wear — Off —sale non — intoxicating malt liquor license Orono Self Service — 2160 Wayzata Blvd Wayzata Country Club — Club liquor license 200 Wayzata Blvd Residential Kennel Licenses: G. James Spinner, 940 North Arm Dr Wayne & Gayle Carrier, 1376 North Arm Dr Jane Kline /Steve Bell, 4455 °West Branch Rd Marilyn Pickard, 4607 Watertown Rd Maxwell Alvord, 960 Brown Rd N Suzanne Fackler, 3700 Togo Rd Ayes 5, nays 0. (*#25) BILLS It was moved by Callahan, of the All Funds Account. r r seconded by Butler, to approve payment Ayes 5, nays 0. ,.. Moorse 'asked the Council to consider the date to be set.for the Board of Review as April 29,----1992.­ Council noted • they - °:wou 1 d officially schedule the meeting at the January 6, 1992 meeting. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 ADJOURNMENT It was -moved by Jabbour, seconded by Butler, to adjourn the regular meeting of the Council at 10c15..p.m. Ayes 5, nays 0. Barbara A. Peterson, Mayor ATT T: o try M. H 11 i n, City Clerk 18