HomeMy WebLinkAbout07-09-2001 Council Minutes0
ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001 !—
ROLL
The Council met on the above - mentioned date with the following members present: Mayor
Barbara Peterson, Council Members Jim White, Jay Nygard, Richard Flint, and Bob Sansevere.
Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning
Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator
Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa and
Recorder Alissa Winternheimer.
Mayor Peterson called the meeting to order at 7:00 p.m.
CONSENT AGENDA
1. Approve /Amend
Items 7, 8, and 9 were added to the Consent Agenda.
Sansevere moved, and White seconded, to approve the consent agenda as amended.
Vote: Ayes 5, Nays 0.
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PUBLIC HEARING
2. Storage of Boats and Boat Trailers
Mayor Peterson opened the Public Hearing at 7:02 p.m.
Mayor Peterson stated that the hearing was only concerning boats and boat storage, and
that other recreational vehicles would be discussed at a later date.
Moorse stated that the purpose of the hearing was for the Council to receive comments
from the public regarding the issue. Gaffron stated that the public hearing had been
publicized by a standard hearing notice, was posted at the City Offices and on the web site,
a press release was issued, and an announcement was run on cable channel 21. He stated
that the current ordinance has been in effect since 1967. The ordinance, 10.60, Subd. 13,
states: "Exterior Storage in "R" Districts. In all "R" Districts, all mobile materials and
equipment shall be stored within a building or fully screened so as not to be visible from
adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which
are not stored for commercial purposes, if stored to the rear of the house and a distance of
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
(Storage of Boats and Boat Trailers, Continued)
10 feet or more from any property line." Gaffron stated that the City has interpreted the
ordinance to mean that all mobile materials should be stored out of site of all adjoining
properties (abutting, but not across the street). Boats and trailers up to 20' in length are the
exception, and are allowed to be stored unscreened to the rear of the house. Boats longer
than 20' must be in a building or fully screened.
Gaffron stated that staff had done a windshield inspection of boats appearing to be in
excess of 20' stored on residential lots and found the following number of boats in each
neighborhood that were visible from the public right of way:
Casco Point 40
Carman Bay: 12
Navarre 10
Fagerness Point 23
Cherry /Loma Linda 21
Forest Arms 6
Rest Point 4
Wildhurst 8
Highwood 4
Historically staff has only enforced the boat storage regulation upon complaint, or when a
boat is placed where it has a potential impact on traffic sight distances. He described the
problems in fully screening a larger boat: lack of foliage in winter, lack of suitable
building, the color of the tarp or shrink -wrap. The cost of off -site winter storage is
prohibitive for many boat owners, ranging from $700 to $2800.
Mayor Peterson opened the hearing to public comments.
Chris Morgart at 1003 Wildhurst Trail stated that he would like the ordinance thrown out.
Pat Fleming at 4760 North Arm Drive stated that the ordinance is outdated because boats
are larger today, and wanted the size restriction expanded.
Chuck Boehn at 997 Wildhurst Trail stated that people should simply be considerate of
their neighbors and work things out themselves. He stated that he could not afford storage
prices, and he felt there were a few people complaining who had decided to act as the
conscience of Orono. He suggested dropping the length restriction and only enforcing
complaints.
Jim Theison at 1295 Elmwood stated the ordinance is outdated and the current regulation is
too stringent for a boating community. He suggested increasing the allowed length to 30'
and only enforcing the ordinance after two complaints are received from different parties
within one year.
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
(Storage of Boats and Boat Trailers, Continued)
Natalya Cherherskayi at 2480 Casco Point Road stated that besides being unattractive out
of water, boats stored in yards are a safety risk. She was recently sitting on her deck and
watched as her neighbor's boat trailer rolled off of his property, down a slope and into her
yard. She had been gardening in the path of the trailer only the day before. She was
concerned that many trailers are not properly blocked and could roll away.
Paul Schueller at 1280 Spruce Place stated that the boat length should be changed to 30'
and the rest of the ordinance left alone.
Tim Panchyshyn at 1280 North Arm Drive stated that the cost of living in Orono is high
and if he had to store a boat off -site, he would not be able to afford having a boat, denying
him the use of the lake to the same extent as others. He suggested people be neighborly.
Bob Albertson at 2100 Shadywood Road stated that he has been boating on the lake for 38
years and always gets the permission of his neighbors before storing his boats on his
property. This was the first time in 38 years he'd heard of a problem with boat storage in
Orono.
• Sansevere stated that the intent of the meeting was to review the ordinance and possibly
change it, but the intent was not to eliminate the ability to store boats on residential
property.
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Bill Wolfe at 3255 Crystal Bay Road stated that he would like the ordinance to be less
restrictive.
Tom Theisen at 4175 Forest Lake Drive stated that he would like to see the ordinance
repealed, and he agreed that people should work issues out with their neighbors.
Betsy Nusbaum at 3480 North Shore Drive asked for a definition of screening. Gaffron
stated that in her situation the storage area would be in the yard between the house and the
alley, but that the 10' setback from property lines eliminates much of the yard.
Lorraine Kaley at 1395 Brown Road South stated that she also has a lot that does not fit
into the examples given, and suggested the ordinance be thrown out, and felt that
complaints should not be anonymous so that she could talk to the complaining neighbor.
Gabriel Jabbour at 985 Tonkawa Road stated that he feels that requiring off -site storage
would hit the people hardest who can least afford it. He also stated that Orono has 33% of
Minnetonka's lakeshore, but only allows storage of about 350 boats in its marinas and
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
•
(Storage of Boats and Boat Trailers, Continued)
prohibits outside storage in the industrial and commercial areas, which creates a hardship
for the residents. He felt responsible to his immediate neighbors, but did not believe
people who could see his boat in driving past his property would have a reason to
complain.
Tim Line at 4415 Forest Lake Landing stated that his definition of a neighborhood is
broader than many others. He does not care to drive by boats covered in blue 7 months out
of the year. He suggested Orono adopt an ordinance like Wayzata's that requires screening
from public right of ways. He feels that a few people take advantage and do not comply
with the ordinance. He stated they have guests coming to their home from around the
world and does not appreciate boats being visible from the public right of way. He does
not object to boats being stored outside on commercial property.
Gary Welsh of 1214 Wildhurst Trail stated that requiring off -site storage would be like
having an extra tax. He has traveled to other lake communities and feels Orono's storage
situation is very common. He also stated that one is not allowed to work on a boat in off-
site storage.
Nan Nimerfroh at 999 Wildhurst Trail stated that her family moved to Orono specifically- •
to be on the lake and not have to pay to store their boat in the off - season.
Maybeth Christianson, 941 North Arm Drive, stated that winter in Minnesota is not prem_-
no matter what and putting a boat in someone's yard does not detract from the winter
scenery. She stated it's the ultimate snob who is upset by the tarps.
Curt Quady at 1223 South Brown Road stated that he has lived in Orono since 1927 and
has a blue cover on his boat. He talks to his neighbors to make sure there aren't any issues
with his boat.
Lorie Line at 4415 Forest Lake Landing stated that she felt winter is the most beautiful
time of the year, and blue tarps wreck it. She stated everyone could compromise and agree
on the placement of boats and to use white tarps instead of blue. She was not so concerned
with the size of the boat as how it is stored and that it be concealed from the right of way-.
Bruce Nusbaum at 3480 North Shore Drive stated that he would not be able to afford off -
site storage for his boat and asked if they only wanted the very wealthy in Orono.
Tom Theisen at 4175 Forest Lake Drive stated that although they would like to resolve
differences with their neighbors, it seemed impossible in some cases. He asked how they
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•
ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
(Storage of Boats and Boat Trailers, Continued)
could get the ordinance changed or removed from the books. Gaffron stated that the
Planning Commission would hold a public hearing, then make recommendations to the
Council for final action, and it would require a 4/5t1 vote to change the ordinance. He
stated that there is no referendum for the public to initiate such a change. Barrett stated
that a property owner who is affected by the ordinance could make an application for
change to the City. Mayor Peterson stated that if the Council decided to send the issue to
the Planning Commission for further consideration, the public would then be able to send
further comments to the Planning Commission. Gaffron stated that comments to the
Planning Commission should address specific concerns to give them direction. Moorse
stated that the Council and Planning Commission might want to hold a work session on the
issue.
Richard Edwards at 2480 Carmen Street stated that he has lived on the lake since 1955 and
is now retired. He could not afford off -site storage and likes to work on his boat. He felt
that people should respect other's choice of colored tarps.
Ward Edwards at 2474 Carmen Street stated that he is also retired, can't afford off -site
storage, and likes to work on his boat.
• Tom Albertson stated that if the ordinance were made more restrictive or enforced, he
would pursue a variance, as would others. It would cost the City a great deal of time and
money to determine if people deserved a variance to the ordinance.
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Mayor Peterson closed the Public Hearing at 8:05 p.m.
Sansevere stated that some size restriction was needed, but he felt it should be increased to
0' and require that anything over 25' long should be covered in white shrink -wrap.
Mr. Welsh interrupted to state that shrink wrap was not practical for people working on
hobby boats.
Flint had no comments.
Nygard stated that he felt the ordinance is not suitable for a lake community. He agreed
that blue is a bad color for tarps and felt it reasonable to ask people to use white tarps.
White stated that the fact people can't work on their boats in a marina is a compelling
reason for allowing storage on properties, but agreed there should be a length restriction.
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
40
(Storage of Boats and Boat Trailers, Continued)
He stated the City should pursue complaints, and should loosen the specificity of the
ordinance.
Mayor Peterson stated that she agreed they should relax the ordinance. She encouraged
neighbors to communicate. The ordinance should go to the Planning Commission to
research possible changes. She also stated she is not in favor of blue tarps.
Mr. Quady stated that some lots in Orono are so small, that with the current ordinance a
person couldn't store anything on his or her property.
Ms. Kaley asked if there was a rule stating that complaints be kept anonymous. Gappa
stated that there is a Minnesota State statute requiring that names not be given out when a
complaint is made.
Nygard moved, and Sansevere seconded, to have the Planning Commission address
the issue of boat and boat trailer storage, specifically considering expanding the
allowed length of boats stored on properties, the appropriate areas for boat storage
on a property, issues of screening including tarp color, and if the ordinance should
even exist. •
Vote: Ayes 5, Nays 0.
Jeanne Mabusth stated that she would carry the information from the public hearing to the
Planning Commission.
APPROVAL OF MINUTES
*3. Regular Council Meeting of June 25, 2001
Sansevere moved, and White seconded, to approve the Minutes of the Regular
Council Meeting of June 25, 2001.
Vote: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS — PAULINE BOUCHARD,
REPRESENTATIVE
Bouchard stated that the Parks Commission had received reports of neighbors doing a
clean up at Cygnet Park, and another group did plantings at Seven Nations Park. A
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
(Park Commission Comments — continued)
number of citizens asked about the Forest Lake Landing site. She stated the Commission
had not taken a position on how each site would be classified and what, if any, changes
would be made at each site. They discussed how they would prioritize the sites and
considered a 3 -year plan. They also discussed what was going on at various parks,
including Navarre Park. They will be asking for a donation from the Multiple Sclerosis
Society to install a handicapped accessible water fountain. Letters of thanks will be sent to
donors in August. Someone has driven through the planted areas of Navarre Park, and the
Commission discussed putting up a chain. The Commission also discussed looking for
grant money to conduct ecological studies of less developed parks. They are anxious to
hear if pull -tab funds will be donated to the parks. They also felt some funds should be
designated to park maintenance and a summer staff hired.
Gappa stated that they had a handicapped fountain proposed, but it was cut from the
budget, and the cost would be about $3000, and could possibly be installed next spring.
Moorse stated they have water at the site available for plant watering, but no drinking
fountains have been installed.
White suggested they look into installing a sidewalk along County Road 19 to help people
is access the park. Gappa stated they might be able to receive state aid for the sidewalk.
Nygard suggested the City include an optional donation of $2 - 3 to the parks on the water
bill. He also stated some neighbors had asked him about the status of Forest Lake
Landing. Mayor Peterson stated that the order of access /lane development should be left to
the Parks Commission. Nygard agreed, but felt because people had shown interest in this
landing specifically, they could bump the landing to the front of the list. He stated that the
neighbors don't feel comfortable using the landing because there are no markers indicating
where the public land is.
PLANNING COMMISSION COMMENTS — JEANNE MABUSTH,
REPRESENTATIVE
None.
PUBLIC COMMENTS
None.
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
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ZONING ADMINISTRATOR'S REPORT
4. #2636 Gary and Susan Cable, 3532 Icy Place— Variances
Gary Cable was present. Weinberger stated that the applicant had a Temporary Certificate
of Occupancy that expires later in the month. The property was purchased with the intent
of removing the original house and building a new structure. Prior to removal of the
previous residence, the property was developed at 50% hardcover. The applicants worked
to reduce the size of their house in order to reduce hardcover to the allowed 25 %. The
current variance application is to allow an old structure on the property within the 0 - 75'
line. The building is a 96 s.f ice house. With the ice house, the total hardcover would
exceed the allowed hardcover on the property. The applicants exceed allowed hardcover
by 50 s.f. If the ice house were removed, they would be under the 25 %. The Planning
Commission recommended denial of the application making the following findings and
comments:
1. New construction projects with a suitable building area have been held to the
25% hardcover limitation.
2. The Planning Commission agreed to table the application on November 20,
2000 to allow the applicants an opportunity to reduce hardcover, and the plan
reviewed on May 21, 2001 did not reduce hardcover. .
3. The approved site plan does not allow any hardcover for a sidewalk to the front
entrance or indicate hardcover that could be used for access to the third stall of the
garage.
4. The Planning Commission did not make findings that supported a hardship.
Sansevere asked if there was a hardship.
Mr. Cable stated that the ice house was an old building and unique to the area.
White stated that he is Mr. Cable's next door neighbor, and would like to see this kind of
unique structure remain. Also, Mr. Cable had already significantly reduced hardcover.
Sansevere stated that the Council does not usually make variances on hardcover, and asked
if the Cables planned to install a sidewalk or more driveway.
Cable stated they could have built the house closer to the road, and given them more
hardcover, but that would have required taking out 3 large trees. The structure is not
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
( #2636 Gary and Susan Cable, Continued)
moveable. He stated the lot is wider at the lake, which reduces his buildable area with all
the required setbacks.
Mayor Peterson asked if the 96 s.f. had always been calculated in the plans for the house.
Weinberger stated that it was, and if the applicant had built closer to the road, he would
have needed less driveway and would have been within the hardcover requirements.
Nygard stated that the Planning Commission had made it clear to the applicant that he
would have to chose between the third garage stall and the ice house.
Rich Wysocki of 2770 Rainey Road asked if the hardship would be removing the structure
and all its concrete from within the hillside so close to the lake.
Jeanne Mabusth asked about saving the ice house for historical preservation.
Sansevere asked if it was the job of the Council to find a hardship for the applicant.
Nygard stated that Council had helped other applicants in the same manner.
• Nygard stated that because the property was under the structural hardcover allowance, and
building it closer to the road would have resulted in the destruction of large trees, he would
be in favor of allowing the ice house to stay.
Weinberger stated that the trees and topography were discussed at the planning stage and
the house's current location was deemed the only proper place to situate the house.
Barrett stated that finding hardship is a factual, not legal, finding. If the house is deemed
an appropriate size, and the Council can't chose between the trees and the ice house, then it
is a valid hardship. The problem was with the variance being requested after - the -fact.
Sansevere asked why the trees weren't recognized as the hardship during the planning
phase. Cable stated that the process was dragged out because he had to keep revising the
plans and it was costing him money.
Flint stated that he had reviewed the minutes from the Planning Commission and they
showed Mr. Cable had been told to chose between the ice house and the third garage stall.
Therefore, he would not support the application. Mayor Peterson agreed.
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
C1
( #2636 Gary and Susan Cable, Continued)
Cable stated he had not had time to research the historical significance of the ice house.
Mayor Peterson stated there was nothing in their codes to allow them to table the issue for
such research.
Nygard stated that Council had granted variances before to save trees, and therefore he
would support the applicant, even though the application came after - the -fact.
Weinberger asked if Council would add a provision to the motion regarding a sidewalk to
the front door and the driveway. Moorse stated that at some point in the future the
driveway would be paved to the third stall. Nygard stated that they had to deal with people
.in good faith. Moorse stated that Council could find a hardship, but in the past had always
moved structures out of the 0 - 75' zone at every opportunity.
Nygard moved, and White seconded, to direct staff to draft a resolution of approval
of the variance request to allow the ice house to remain in the 0 - 75' zone at 3532 Ivy
Place with the provision that there will be a permeable sidewalk installed to the front
door, such as wood chip with no underlying plastic, and no paving shall be installed
to the third garage stall.
Vote: Ayes 2, Nays 3 (Mayor Peterson, Flint, Sansevere). •
Nygard stated that he did not see the difference between this application and the one for a 3
story house, when both were based on saving trees on the property. Sansevere stated this
application was made after - the -fact, and the other one was not. Nygard stated saving trees
was a legitimate hardship for a hardcover variance. He added that 25% (hardcover) is
25 %, and 2 %2 (stories) is 2 '/2. Both variances would have been based on the same
principal.
Sansevere moved, and Flint seconded, to direct staff to draft a resolution of denial of
the variance request to allow the ice house to remain in the 0 - 75' zone at 3532 Ivy
Place.
Vote: Ayes 3, Nays 2 ( Nygard, White).
5. #01 -2686 Suzanne and Terry Johnson, 543 Park Lane — Variances
Mr. Johnson was present. Bottenberg stated that the applicants requested variances to
permit remodeling and a garage addition to an existing residence. The garage addition (24'
by 24') would increase hardcover in the 75 - 250' setback area and structural lot coverage
on the property.
•
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•
ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
( #01 -2686 Suzanne and Terry Johnson, Continued)
The Planning Commission recommended approval of the application with the
understanding that hardcover in the 75 - 250' setback area would be limited to 50 %,
reducing it by 220 s.f. from the plan presented. The applicants reduced hardcover by
removing a portion of the driveway and existing walkways. The Planning Commission
agreed the hardcover and structural coverage were consistent with the other properties in
the neighborhood.
Mr. Johnson stated that he has worked with the City to minimize hardcover.
Nygard stated that he would have trouble approving an increase in hardcover on the
property. Mr. Johnson stated that there would be an overall reduction to the hardcover, and
they were trying to create a parking area because there is no on- street parking by their
house. He stated they also get plowed into their driveway in the winters.
Sansevere asked what the Planning Commission found as the hardship. Mabusth stated
they did not want the Johnson's to have to back out onto the street, the size of the lot was
substandard in a 1 -acre zone, and that the improvements would be in line with the
neighbor's homes. Bottenberg stated that the Johnson's had reduced their hardcover by
• 220 s.f., and that the hardship was due to lot size and topography. Mr. Johnson stated that
they had very little hardcover in the 0 - 75' zone. Nygard suggested placing a covenant on
the property to limit the size of the house. Mr. Johnson stated that he did not want to do a
tear down, but would enclose an existing screened porch and the only demolition would be
to 8' of the garage. He also stated that they would remove a paved area on the side of the
house and the front sidewalk.
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Mayor Peterson stated she had a problem with the applicant increasing the amount of
structural coverage on the property. Moorse and Gaffron stated they had not seen a true
hardship in the application.
Flint moved, and White seconded, to adopt a resolution granting variances to
Municipal Zoning Code Section 10.03, Subdivision 14(C) to allow 2,195 s.f. (21.6 %)
structural lot coverage where 1,792 s.f. (17.7 %) exists and 1,519 s.f. (15 %) is allowed,
Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(L)(2) to allow 3,548
s.f. (50 %) hardcover in the 75 - 250' lakeshore setback where 4,302.9 s.f. (60.7 %)
exists and 1,772.5 s.f. (25 %) is allowed, Section 10.24, Subdivision 5(B) to allow side
yard setbacks of 6.6' for an entryway addition where 10' is required, 5' for a garage
addition where 10' is required, and a rear yard setback of 8.8' and 14.6' for a garage
addition where 35' is required and Section 10.22, Subdivision 1(B) and Section 10.56,
Subdivision 16(C)(6) to allow encroachment of 20' and 32' into the average lakeshore
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
•
( #01 -2686 Suzanne and Terry Johnson, Continued)
setback to permit enclosure of a ground level patio into a screened porch with the
provision placed on the deed stating that future structural and hardcover variances
would not be granted.
Vote: Ayes 2, Nays 3 ( Nygard, Mayor Peterson, Sansevere).
Mayor Peterson informed Mr. Johnson that if the application is denied, he would have to
wait 6 months to bring a new application, but if it was tabled he could come back with an
alternative immediately.
Peterson moved, and Nygard seconded to table the application for variances to Mr.
and Mrs. Johnson's property at 543 Park Lane.
Vote: Ayes 5, Nays 0.
Barrett asked Mr. Johnson if he would sign an agreement extending the review period for
his application until he decides what to do with his property. He stated he would.
*6. Joint Use Dock License — Pheasant Lawn Homeowners Association — Resolution
No. 4669
Sansevere moved, and White seconded, to adopt Resolution No. 4669 directing staff •
to issue a joint use dock license to Pheasant Lawn Homeowners Association for the
period of January 1, 2001 to December 31, 2001.
Vote: Ayes 5, Nays 0.
6a. #01 -2670 Peter and Cheryl Kramer, 2140 North Shore Drive — Resolution No.
4670
Weinberger stated that the Kramer's had applied for variances to permit a 6' fence along
the front and side property lines of their lot. The Planning Commission did not
recommend approval of the application, and asked for additional information that has not
been provided by the applicant. In a phone conversation, Mr. Kramer indicated they did
not wish to proceed with the application. However, the application deadline was July 18,
2001 and no written statement withdrawing the application had been submitted to the City.
Mabusth stated that the Planning Commission had requested a survey of the lot, but it was
never provided. Weinberger stated that the applicant planned to add thicker vegetation
around the property, instead of the fence.
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
( #01 -2670 Peter and Cheryl Kramer, Continued)
Flint moved, and Sansevere seconded, to adopt Resolution No. 4670 denying
variances per Municipal zoning Code Section 10.03, Subdivision 15.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
None.
PUBLIC SERVICE DIRECTOR'S REPORT
*7. Golf Course Seasonal Employee
Sansevere moved, and White seconded, to hire Marshall Hambro as a Golf Course
Seasonal Employee at an hourly pay rate of $7.04 under the monthly maximum
earnings provision of the PERA rules.
• *8. Request for Payment #2— Navarre Park Improvements
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Sansevere moved, and White seconded, to approve Request for Payment #2, Navarre
Park Improvement Project, to Koolmo Construction, Inc. in the amount of
$14,782.00.
Vote: Ayes 5, Nays 0.
*9. Orono/Long Lake Water Interconnection Construction
Sansevere moved, and White seconded, to authorize the expenditure of $2,800 for a
joint project with the City of Long Lake to install a new valve system for the
interconnection between the Cities' water systems with the project funded from the
Water Fund Capital Outlay Budget, and approval of a budget adjustment to the year
2001 Water Fund Capital Outlay Budget to reflect this expenditure.
Vote: Ayes 5, Nays 0.
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ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
CITY ADMINISTRATOR'S REPORT
•
10. Long Lake Fire Station Agreements
Moorse stated that the Settlement Agreement and Contract for Joint Ownership before
them showed some minor revisions to correct typos or clarify issues.
Nygard asked why they had considered approving giving Long Lake the interest for
$680,000 when it wasn't in the bank on time when Long Lake did not seem concerned with
finalizing the deal in a timely manner so that the money could begin accruing interest.
Sansevere stated that on June 1St Orono submitted a final offer to Long Lake that was
returned. Because Long Lake will only deal with the issue at regular council meetings,
while Orono is holding special work sessions, he felt that both cities should pay the interest
that would have been earned on the account had it been funded on June 1St. He stated that
they had lost about $15,000 in interest since June 1St. Nygard stated that their final offer
had been made a while ago, and questioned when Orono would stand by their "final" offer.
Sansevere stated that the word "forthwith" had been used in regard to when Orono would
have to deposit funds. On page 7 of the Settlement Agreement it states that "Orono agrees
that upon receipt of evidence that the MnDOT settlement check has been deposited in the
joint escrow account that it shall forthwith deposit an additional $680,000.00 into the same
escrow account. In lieu thereof, Orono may defer depositing its 5680,000.00 to a
subsequent date which is on or before February 1, 2002, so long as it also deposits the
additional interest that would have accrued on that amount had it been deposited on the
same date as the MnDOT check."
Mr. Jabbour stated that they should not change the words of the settlement. and should wait
until the final MnDOT check is deposited. Sansevere suggested changing the wording to
"the final MnDOT settlement check." Mr. Jabbour stated that MnDOT wants the total
settlement amount and will not deal with them item by item. He stated that the negotiating
team had left 6% on the table with MnDOT because they were going to earn interest that
had never materialized. He suggested approving the agreements «-ith no changes. Moorse
stated they should not add "final" to the document because all throughout the negotiations
they had agreed the trigger would be when the $2.4 million dollars was deposited. Flint
stated that adding the word "final" increased the ambiguity of the language. He also stated
that they have already agreed to split any surplus or any deficit in funds.
Moorse stated that Long Lake can't come back to them with changes because MnDOT
declared that July 17th was the end date. Forthwith means that they would have a few days
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•
ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
(Long Lake Fire Station Agreements, Continued)
in which to deposit the funds, in which case the line about deferring the payment to a later
date would never come into play. Barrett agreed that "forthwith" meant "not immediately."
Mayor Peterson stated they should make it clear that Orono won't bond for the funds, and
that Orono had been extremely fair and very accommodating as their final offers came
back.
Flint moved, and White seconded, to approve the Contract for Joint Ownership,
Settlement Agreement, and Consent for the Long Lake Fire Station as submitted to
Council at the July 9`h meeting.
Vote: Ayes 3, Nays 2 (Nygard, Peterson).
CITY ATTORNEY'S REPORT
None.
0 *11. LICENSES
SPECIAL EVENTS
1. Applicant: Rick Recker
Event: Corm Days 4 Mile Run
Location: Hackberry Park, Willow Drive to Brown Road to Orchard Lane
to Holbrook Park
Date: August 12, 2001
Time: 11:15 a.m. - 12:00 p.m. Noon
*12. BILLS
Sansevere moved, and White seconded, to approve payment of the All Funds
Account.
Vote: Ayes 5, Nays 0.
• 15
ORONO CITY COUNCIL MEETING
MONDAY, JULY 9, 2001
ADJOURNMENT
The meeting was adjourned at 10:45 p.m.
ATTEST:
Lmda S. Vee, City Clerk
16
Barbara Peterson, Mayor
40