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HomeMy WebLinkAbout07-23-2001 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 ROLL The Orono City Council met on the above mentioned date with the following members present: Mayor Barbara Peterson, Council Members Richard Flint, Jim White, Jay Nygard, and Bob Sansevere. Representing City Staff were City Administrator Ron Moorse, City Attorney Thomas Barrett, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:03 p.m. CONSENT AGENDA ( 41) Approve /Amend Items 7, 9, and 10 were added to the Consent Agenda. Item 8 was removed from the Consent Agenda. Flint moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. • APPROVAL OF MINUTES *( #2) REGULAR COUNCIL MEETING OF JULY 9, 2001 Flint moved, Sansevere seconded, to approve the minutes of the Regular City Council meeting of July 9, 2001, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Pat Wolfe, Representative Wolfe stated the Park Commission is recommending the City Council adopt a three year plan concerning the lake access points located within the City. Wolfe noted the residents in the Forest Lake area are looking for some type of action by the City as it relates to making this access point more accessible to the local residents. Wolfe indicated the Park Commission would also like the City Council to consider approving a resolution requiring all organizations conducting charitable gambling within the City to allocate ten percent of the net profits towards the Park Fund as a means of raising additional capital. Wolfe noted the recent rains experienced in the area have caused some erosion at the Navarre Park, which will require some additional soil and reseeding in order to repair the damage. Wolfe stated the Park Commission is also planning to hold a ribbon cutting ceremony on August 25`h at • 10:00 a.m. Wolfe invited the Mayor, City Council, and residents of the City to attend this event. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 • (Park Commission Comments, Continued) Mayor Peterson stated it was her understanding the City Council previously directed the Park Commission to develop a three year plan for addressing the lake access points. Peterson noted at this time the Council is waiting to review that plan prior to taking action on any of the lake access points. Peterson suggested the Park Commission notify the Saga Hill residents of the anticipated time schedule for this lake access point. Wolfe indicated the residents in the Saga Hill area have been regularly attending the Park Commission meetings, with a petition having been signed by 32 of the residents requesting access be restored. Wolfe noted there are some residents who are opposed to having access at this location. Wolfe stated the residents have indicated they feel like they are trespassing when they attempt to utilize this access point and would like to see some type of walkway or trail constructed within the right -of -way. Nygard stated he toured this lake access point this morning to see whether the survey markers have been put back in. Nygard stated while on his tour he noticed a private property sign, which could possibly be located within the City's right -of -way. Nygard stated without the stakes being up, it is difficult to tell if the sign is on City property. Nygard presented some pictures of this lake access point to the Council. Nygard indicated while he was there photographing the area he also had the feeling like he was trespassing on private property. Nygard stated it would be his preference that a trail or walkway be constructed down to the lake to make the access point more accessible and easy for the kids in the neighborhood to use it. • Sansevere inquired what this lake access point has been classified as. Moorse stated to his understanding it has not been classified as a beach. Sansevere noted there is approximately a three foot drop -off in this area before the lakeshore. Mayor Peterson inquired whether this area was rocky or sandy. Wolfe noted this lake access point has been classified as a potential swimming area by the Park Commission. Nygard noted the area currently is rocky, with aerial photographs provided by the neighbors in the area showing that this once was a sandy beach area. Nygard stated in his opinion the City Council and Park Commission should deal with this lake access point as soon as possible. Sansevere stated a property owner does have the right to erect a private property sign as long as it is located on his property. Nygard commented he was unable to tell whether the sign was on private or public property since the survey markers have not been replaced. Mayor Peterson stated in her view the Park Commission should be dealing with this issue and not one member of the City Council. Peterson stated the Park Commission needs to recommend that the survey markers be replaced as well as recommend whatever other action is needed to address the issues relating PAGE 2 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 (Park Commission Comments, Continued) to this lake access point. Peterson stated it is her understanding the neighbors are fully aware that they are able to use this lake access point. Wolfe stated it is his sense that there might be some confusion where the exact easement lies and that the Lines may be feeling some blame by the neighbors for denying them access. Wolfe stated the property to the north has the major encroachment onto the easement rather than the Lines, and due to the way the two properties have been developed, access to the lake appears to be difficult. Wolfe indicated the Park Commission serves as an advisory board to the City Council and questioned whether the Council should take some action on this lake access point given the circumstances. Nygard agreed the Park Commission needs to deal with this lake access point, and encouraged the Park Commission to act as quickly as possible in this particular case. Mayor Peterson noted the Park Commission only meets once a month, and that they need to recommend to the Council whether sand needs to be brought in or whether a walkway or trail should be constructed. Peterson noted the neighbor to the north of this access point was unaware she was encroaching onto City property, and has expressed some concerns that her property will be wrecked should this lake access point be used. Peterson stated the Park Commission needs to deal with this access point in conjunction with the other 38 access points, and that she will try to follow what the Park Commission recommends for this access point. • Flint stated he is in agreement with the Mayor, noting that there has been some bad feelings generated in this area due to some of the things that have happened in the past which are unrelated to the lake access point. Flint stated the Council would like to deal with this lake access point in conjunction with the other lake access points. Flint noted the Council had requested that Park Commission develop a three year plan along with a list of priority areas and recommended improvements for each lake access point for consideration by the Council. Flint encouraged the Park Commission to continue to work with Gappa on this matter. • Wolfe indicated one of the concerns expressed by the Park Commission has been whether adequate funding will be available to properly survey and identify each of these lake access points. Nygard stated in his view this is an important issue for the City and that the money should be made available to properly identify each access point. Nygard commented he would like to see this lake access point made accessible for both adults and children. Sansevere questioned whether this lake access point is currently safe for children and whether swimming should be allowed at this access point. Sansevere reiterated there is a drop -off in this area and the lakeshore may not be conducive to swimming. Gappa stated the water quality does not look very appealing and is mucky. Gappa stated he is unsure what it would take to make a beach in this area. Sanc;;-vere commented in his view the City probably should not be changing the lakeshore. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 • (Park Commission Comments, Continued) Flint suggested the Park Commission continue to look at the criteria for classifying the lake access points and present their recommendations to the City Council. Sansevere volunteered to tour this lake access point to determine whether the area is safe for swimming and children prior to opening up this lake access point. Sansevere stated due to the drop -off, the rocks, and the mucky water, he is unsure whether this area is safe as a swimming beach. Gappa stated he would tour this area with Sansevere. Gappa noted that the Park Commission looked at five different classifications for these lake access points. Mayor Peterson encouraged the residents in this area to respect and talk with one another to help resolve their differences. Peterson noted parental supervision is also necessary in order to make this lake access point safe for children. Nygard stated in his view he is not singling this lake access point out but is merely responding to the citizens of the area who have requested some action on this issue. PLANNING COMMISSION COMMENTS — Liz Hawn, Representative Hawn indicated she would be available for questions at tonight's meeting. is PUBLIC COMMENTS Tim Line, 4415 Forest Lake Landing, requested he be provided with a copy of the petition concerning the lake access point. Line noted they were not asked whether they would like to sign the petition and have not been approached by any of the neighbors in this area about this access point. Line stated in his view Council Member Nygard has a personal vendetta against them. Line indicated Gappa has shown the exact layout of this lake access point at the Park Commission meeting. Line stated they worked very closely with the City at the time they constructed their house in order to comply with the City's ordinances and protect their property and Lake Minnetonka. Line stated they have not altered anything without the approval of the City. Line stated the no trespassing sign lies six inches on their side of the property. Line indicated they are willing to work with the City to help resolve this issue and that each resident is entitled to access to the lake. Line stated in his view the City needs to look at each one of these lake access points individually to determine whether they are appropriate as lake access points. Line renewed his request for the petition, and again stated in his view they are being singled out by Council Member Nygard. Line indicated they would be willing to remove the row of arborvitaes that have been partially planted in the right -of -way. Line stated they also would be happy to pay for the restaking of the survey markers. Line stated he would like it staked all the way to the street so the residents in the area can see exactly where the easement is. • PAGE 4 LJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 (Public Comments, Continued) White suggested the Lines not remove the trees since it is a nice improvement. John Culliton, 1131 Wildhurst Trail, stated in his view the attention being focused on this lake access point might border on harassment since it follows closely after the complaints raised by the Lines. Culliton stated he has two young children and he personally would not allow his children to use this lake access point at the current time. Culliton stated if this lake access point is converted into a beach, the residence to the north should probably be removed. Culliton stated in his view the City should approach this lake access point in the proper manner and not rush through it. Culliton noted he also was not asked to sign the petition, and that in his view this is merely an attempt to get back at the Lines for the complaints they have raised against some of their neighbors. ZONING ADMINISTRATOR'S REPORT ( 0) #2636 GARY AND SUSAN CABLE, 3532 IVY PLACE — VARIANCES — RESOLUTION NO. 4671 • Gary and Susan Cable, Applicants, were not present. Weinberger noted Council requested Staff draft a denial resolution, with a deadline of August 17th for the removal of the ice house. Staff is recommending the Council adopt the resolution. White noted Cable has prepared a copy of his abstract for him in an attempt to determine when the ice house was originally constructed and whether there is any historical significance to the ice house. White stated they hope to have the information before August 17th Mayor Peterson inquired whether it is possible that Mr. Cable might have some information prior to August 17th White stated they are going to attempt to get the information together prior to the 17th. Mayor Peterson inquired whether this action to be taken by the Council tonight could be stopped in the future if new information comes to light. Tom Barrett, City Attorney, stated in his view the period of time before the deadline is sufficient for anyone to reconsider their decision on the resolution. Barrett noted Orono does not have any ordinances regulating historical buildings. Mayor Peterson commented she would like to save the building if there was something out there that demonstrated the building had some historical significance. • Weinberger stated one of the requirements for issuance of a permanent certificate of occupancy was that the ice house be removed. Weinberger noted the temporary certificate of occupancy expires in the near PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 �J ( #2636 Gary and Susan Cable, Continued) future. Weinberger inquired whether Staff could extend that temporary certificate of occupancy. Tom Barrett stated he is not aware of anything that would prevent the temporary certificate of occupancy from being extended. Nygard stated he personally is against temporary certificates of occupancy. Nygard stated some other cities allow the certificate of occupancy to be issued once the building is near completed, but require another building permit to, for example, finish the basement. Nygard stated perhaps the City Council should look at that process rather than issuing temporary certificate of occupancy. Moorse stated another option would be for the City to remove the building and to assess the costs back to the property owner. Sansevere moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4671, a Resolution denying variances to hardcover within the 75 -150' setback to permit an ice house within 75' of the lakeshore to remain on the property. VOTE: Ayes 5, Nays 0. *( #4) #01 -2678 KRISTI ROESLER, 1169 NORTH ARM DRIVE — SPECIAL LOT COMBINATION Flint moved, Sansevere seconded, to approve the Special Lot Combination Agreement for • Kristi Roesler, 1169 North Arm Drive. VOTE: Ayes 5, Nays 0. *( #5) #01 -2685 JOHN CULLITON,1131 WILDHURST TRAIL — CONDITIONAL USE PERMIT — RESOLUTION NO. 4672 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4672, a Resolution Granting a Conditional Use Permit to permit in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of constructing private golf tees and greens at the property located at 1131 Wildhurst Trail. VOTE: Ayes 5, Nays 0. *( #6) #01 -2690 JOHN A. EIDEN, 330 BIG ISLAND — VARIANCES — RESOLUTION NO. 4673 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4673, a Resolution granting variances to hardcover to permit replacement of a 318 square foot deck located 32 feet from the OHWL of Lake Minnetonka at the property located at 330 Big Island. VOTE: Ayes 5, Nays 0. • PAGE 6 n LJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 *( #7) #01 -2694 BAYWIND CHRISTIAN CHURCH, 2477 SHADYWOOD ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 4674 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4674, a Resolution Granting a Conditional Use Permit to permit a church use on the property located at 2477 Shadywood Road, B -4 Zoning District. VOTE: Ayes 5, Nays 0. *( #8) #01 -2695 THOMAS FREDERICK ADAMS, 500 ORCHARD PARK ROAD — VARIANCES — RESOLUTION NO. 4675 Flint noted he requested this item be removed from the Consent Agenda because there is no recommendation of the Staff or Planning Commission contained within the report. Weinberger indicated Staff is in favor of the variances. Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4675, a Resolution granting variances to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167' from the front property line, and to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR -1A district where 5.0 acres is required for the property located at 500 Orchard Park Road. VOTE: Ayes 5, Nays 0. • *( #9) 2845 LITTLE ORCHARD ROAD — LAKESHORE REVEGETATION PLAN Flint moved, Sansevere seconded, to approve the lakeshore understory vegetation restoration plan as presented by John Fleischhaker for the property located at 2845 Little Orchard Road, subject to the conditions contained in the Staff report. VOTE: Ayes 5, Nays 0. (Richard Flint leaves at 8:00 p.m.) MAYOR/COUNCIL REPORT *( #10) PROCLAMATION — NATIONAL NIGHT OUT — RESOLUTION N 0.4676 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4676, a Resolution Proclaiming National Night Out 2001. VOTE: Ayes 5, Nays 0. Mayor Peterson requested the local news reporters include an article in their newspapers promoting National Night Out. Peterson encouraged the residents of Orono and Long Lake to attend National Night Out being held at Super Valu in Navarre and at Nelson Beach on Tuesday. August 7`h, from 6:00 p.m. to 9:00 p.m. Mayor Peterson noted the official opening of the senior center in Mound is scheduled for Tuesday, • July 241h. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 (Mayor /Council Report, Continued) Sansevere inquired whether the Police Department was aware of the break -ins that have recently occurred in the Forest Lake Landing and Wildhurst areas. Nygard stated the police are aware of the situation. Nygard noted this type of incident happens every few years, with kids basically looking for money or other valuable items in vehicles. Mayor Peterson noted the same thing has been happening in Mound. PUBLIC SERVICE DIRECTOR'S REPORT /CITY ADMINISTRATOR'S REPORT ( #11) CHARITABLE GAMBLING OPTIONS ( #13) SCHEDULING OF A PUBLIC HEARING — USE OF FUNDS FROM THE COMMUNITY INVESTMENT FUND Gappa stated Staff has done some research on charitable gambling, with information being obtained from Delano and Long Lake who both require 10 percent of the net proceeds be allocated to the City. Gappa stated historically Orono has not received any reports from the charitable gambling organizations because it has all been handled by the state. Gappa stated they are attempting to obtain these reports in order to ascertain what type of volume the various organizations are doing in the City. Gappa stated the • City would be able to designate where the 10 percent would be allocated to. Sansevere indicated he would have a tough time taking money away from children organizations to go to parks, and that he would prefer the Park Commission find other means to raise revenue. White stated he would like to know the volume of charitable gambling and the impact the 10 percent would have on the organizations. White noted the Park Fund is in need of money, with this being a possible option to generate additional funds. Gappa stated if the Council is interested in proceeding forward, the next step might be to schedule a public hearing and invite the owners of the establishments and charitable gambling organizations. Sansevere stated he would be more inclined to give it to a kids group of some type. Gappa suggested a public hearing be scheduled for August 13`x'. Patrick Wolfe, Park Commission, indicated that the organizations conducting the charitable gambling often spend the dollars raised here in other communities, and that the Park Commission is looking at having them spend a portion of the proceeds here in the Orono community. Wolfe noted the owner of the establishment merely rents the space for the charitable gambling and does not get a portion of the revenues generated. • PAGE 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 (Scheduling of a Public Hearing — Community Investment Fund, Continued) Peterson moved, Sansevere seconded, to direct Staff to schedule the Public Hearing for the Use of Funds from the Community Investment Fund for August 13`h at 6:45 p.m., a presentation on the auditor's report for August 13`h at 7:00 p.m., and a public hearing to discuss charitable gambling at 7:15 p.m. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT, CONTINUED ( #12) FUNDING OF A PORTION OF THE LONG LAKE DOWNTOWN MASTER PLAN DEVELOPMENT PROCESS Mayor Peterson inquired whether the Council formally voted to approve funding a portion of the Long Lake downtown master plan that would not be reimbursed by Mn/DOT. Peterson noted she does not remember discussing funding this plan. Sansevere noted he also does not remember voting on whether to fund this plan or not. Gabriel Jabbour, former mayor, noted this item was discussed at one of the committee's meetings, with Orono's costs not to exceed $3,400. • Nygard noted each city is responsible for paying $3,300, with Mn /DOT picking up the remainder of the costs. Mayor Peterson stated she was looking for something in writing that formally approved paying a portion of the costs for development of the Long Lake downtown master plan. Nygard moved, White seconded, to approve payment of $3,300 to the City of Long Lake, which is 50% of the unreimbursed costs of the downtown master - planning process. Mayor Peterson stated she would like to see a copy of the plan prior to the City of Orono issuing the check. Peterson inquired whether the check could be withheld until she is able to review the plan. Nygard moved, White seconded, to amend his motion to require the downtown master planning plan be submitted to the City of Orono prior to issuance of the check to Long Lake. VOTE: Ayes 5, Nays 0. (Recess taken from 8:23 to 8:29 p.m.) (Richard Flint returned at 8:30 p.m.) ( #14) AMENDMENT TO THE LONG LAKE FIRE STATION SETTLEMENT AGREEMENT Moorse indicated the City of Long Lake has approved the Settlement Agreement related to the new fire • station with the language approved by the City of Orono. Moorse stated the City of Medina has requested two language additions to the agreement which do not affect the substance of the agreement PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 n U (Long Lake Fire Station Settlement Agreement, Continued) but allows Medina to terminate the agreement with a 24 month notice and requires notice be given to Medina in the event they will be charged a rental fee. Moorse stated in addition, the Council needs to discuss the settlement proposal by Mn /DOT. Moorse stated Mn /DOT has arrived at a figure of $3.498 million, which includes all soft costs and hard costs. Moorse recommended the settlement agreement reflect the new amount. Mayor Peterson inquired whether the $200,000 for the land is included in that amount. Moorse stated to his knowledge that would include the $200,000. Mayor Peterson stated the City of Orono is responsible for contributing $680,000 in addition to the Mn/DOT monies. Gabriel Jabbour stated Orono needs to know the deadline given by Mn /DOT for acceptance of the settlement agreement. Jabbour noted the original deadline was June 30`h, which was later extended to either July 30`h or 31". Jabbour stated the City of Long Lake is also seeking reimbursement for their public works building and city hall. Jabbour stated the $3.498 million is based on fire protection for 42 square miles, with 9,000 residents. Jabbour stated the City of Long Lake would like Mn /DOT to apply that same formula to their public • works building and city hall facility. Jabbour stated in his opinion that formula would not apply to those two buildings since they would service only the City of Long Lake. Sansevere commented the City of Long Lake may have the misperception that monies are being diverted from their city hall and public works building to the new fire station. Flint stated perhaps the misunderstanding is that Long Lake does not understand the formula that was arrived at to determine the cost to construct a new fire station. Flint stated the value of the current fire station is approximately $500,000, with Mn /DOT willing to pay for the cost of replacing that service. Flint stated the cost of the fire service is based on providing fire protection to 9,000 residents over 42 square miles. Flint stated the cost of replacing Long Lake's public works building and city hall would not be as high since it only services 2,000 residents and covers a service area of .6 miles, which would result in a smaller number. Flint stated in his view they are attempting to compare apples to oranges. Jabbour noted that no representative from the City of Orono has requested that any monies designated to the new fire station be taken away from Long Lake's public works department or city hall. Flint stated it was decided early on that the negotiations concerning the fire station and public works /city hall should be considered separate. Sansevere questioned whether an addendum to the settlement agreement would be better in order to avoid possibly jeopardizing the entire agreement. • PAGE 10 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 (Long Lake Fire Station Settlement Agreement, Continued) Tom Barrett, City Attorney, stated the letter from Mn/DOT identifies the amount of money available for soft costs. Barrett stated he would prefer the actual dollar amount be included in the settlement agreement. Flint noted this letter from Mn/DOT is the only piece of paper the City has received specifying the amount they are willing to pay for the fire station. Flint recommended the City accept that letter from Mn /DOT. Sansevere stated he is merely asking whether it should be incorporated into the settlement agreement or be made as an addendum to the agreement. Barrett suggested Orono notify Long Lake that Mn /DOT has made a counter offer and that this offer should be incorporated into the settlement agreement. Jabbour noted the basic language of the document would remain the same and that only the amount would change. Jabbour commented the City of Long Lake may not accept the settlement amount being proposed by Mn /DOT because they feel they are not being treated fairly as it relates to the public works department and the city hall. Jabbour stated he was informed by Long Lake's City Administrator that they would prefer the agreement not be changed. • Sansevere commented Long Lake's public works building and city hall should be treated as a separate issue. Jabbour stated if Long Lake does not accept the settlement amount being proposed by Mn /DOT, the entire agreement may be in jeopardy. White stated the Council is merely looking to incorporate the new number into the settlement agreement. Sansevere commented he is concerned that if Long Lake does not accept this settlement proposal, that the City of Orono may not receive anything from Mn /DOT for their portion of the fire station. Sansevere stated in his view he does not see a valid reason why Long Lake would not accept this proposal. White noted the deadline to accept this proposal is August 1s` Sansevere stated in his view this proposal is in the best interests of both cities and should be accepted. Mayor Peterson recommended if this proposal is not accepted by Long Lake by the August I` deadline, the City of Orono pursue other options for fire protection. Flint suggested the language found on page eight relating to the escrow account be amended to read as follows: "in the event the entire escrow account balance is not required for the replacement fire station, the balance shall be owned 50 percent by Long Lake and 50 percent by Orono." Flint • recommended the language "and shall be used to fund future capital improvements" be deleted from the PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 n f, J (Long Lake Fire Station Settlement Agreement, Continued) agreement. Flint stated that way Long Lake and Orono would have the option of using those extra funds somewhere else other than capital improvements at the fire station. Barrett suggested replacing the word "required" with the word "used ". Jabbour recommended the agreement be changed in accordance with Flint's suggestion. Flint moved, White seconded, to approve the settlement agreement with the language on Page 8 being amended to read as follows: "in the event the entire escrow account balance is not required for the replacement fire station, the balance shall be owned 50 percent by Long Lake and 50 percent by Orono." In addition, Page 3, Paragraph Ld. be amended to read as follows: "The City of Medina may terminate its participation in the Fire Service Agreement without cause, subject to providing a twenty-four month notice of termination." Page 10, Paragraph 8 shall be amended to read as follows: "Prior to initiating a rental charge to the Cite of Medina, a twenty-four month notice will be provided." Sansevere stated it is with great reluctance that he would endorse the amendment to Page 8, since in his view all monies left over should be allocated towards the fire station. Sansevere stated, however, he would like to see the fire station be constructed since it is in the best interests of both communities. Sansevere expressed concern that the City of Orono may be contributing more than what is equitably fair. Sansevere stated he also has concerns that the City of Long Lake has had some discussions . regarding the fire station which the City of Orono was not invited to participate in. Jabbour stated he has heard comments that the size of the building may be too ambitious. Jabbour noted the City of Orono suggested the two cities consider reducing the size of the fire station at the beginning of the negotiation process. Flint stated part of the problem has been the misunderstanding that a portion of this money should be dedicated towards the replacement of the Long Lake public works building and city hall. Sansevere requested that if the size of the building remains the same, all left over funds be split 50/50 between the City of Long Lake and the City of Orono. Sansevere stated he would like that language to be reflected in the agreement. Barrett suggested the following language be incorporated into the agreement: "in the event the entire escrow account balance is not used for the replacement fire station, by reason of a reduction in the proposed size or for any other reason, the balance should be owned 50 percent by Long Lake and 50 percent by Orono," and to delete any language relating to future capital improvements. Barrett stated simply because the two cities have an agreement, that does not necessarily mean the building will eventually get constructed. Flint stated that is a problem with limiting the language to size or anything else. Sansevere stated as long as it is clear that Orono is entitled to 50 percent of the proceeds from Mn /DOT, he is agreeable to the settlement agreement. • PAGE 12 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 (Long Lake Fire Station Settlement Agreement, Continued) By consensus of the City Council the above motion was amended to approve the settlement agreement with the following changes: 1. The language on Page 8 being amended to read as follows: "in the event the entire escrow account balance is not used for the replacement fire station, by reason of a reduction in the size of the proposed building or for any other reason, the balance shall be owned 50 percent by Long Lake and 50 percent by Orono." 2. The language on Page 3, Paragraph Ld., be amended to read as follows: "The City of Medina may terminate its participation in the Fire Service Agreement without cause, subject to providing a twenty-four month notice of termination." 3. The language on Page 10, Paragraph 8, shall be amended to read as follows: "Prior to initiating a rental charge to the City of Medina, a twenty-four month notice will be provided." VOTE: Ayes 3, Nays 2, Peterson and Nygard opposed. Sansevere inquired whether the City Council would like to discuss the interest and when it should be paid. • Flint stated the Mayor would probably vote in favor of this settlement agreement if the provision relating to the interest is deleted from the agreement. Flint expressed concerns that if that paragraph is deleted, it may cause a delay in getting the settlement agreement approved by Long Lake. 0 Jabbour noted the City of Orono is not charging Long Lake interest on the land. Flint inquired whether the City of Orono would be interested in constructing their own fire station should this settlement agreement not be approved by Long Lake. Mayor Peterson stated she would be in agreement with Orono constructing their own fire station. Peterson recommended if this agreement is not approved by August 2 "d, the City of Orono start pursuing other options for fire protection. It was the consensus of the City Council to pursue other options for fire protection beginning on August 2 "d, should the settlement agreement not be approved by Long Lake. Nygard suggested Staff assemble information on Orono's other options for review by the City Council at their upcoming Council meeting. Barrett recommended the City of Orono notify Mn /DOT that the residents of Orono will be losing their fire protection service should this agreement fall through with Long Lake. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2001 ( #15) APPOINTMENTS TO THE LONG LAKE FIRE STATION JOINT CONSTRUCTION COMMITTEE Peterson moved, Nygard seconded, to appoint Ron Moorse, Gabriel Jabbour, and Jim Murphy to the Long Lake Fire Station Joint Construction Committee. VOTE: Ayes 5, Nays 0. ( #16) APPOINTMENT TO THE LONG LAKE FIRE SERVICE ADVISORY COMMISSION Flint moved, Nygard seconded, to appoint Bob Sansevere, Ron Moorse, and Barb Peterson to the Long Lake Fire Service Advisory Commission, effective immediately. VOTE: Ayes 5, Nays 0. ( #17) SCHEDULING OF BUDGET WORK SESSIONS The City Council directed Staff to schedule a work session for August 18'' from 8:00 a.m. to 11:30 a.m. Moorse stated he would distribute the budget information to the Council members prior to the work session. CITY ATTORNEY'S REPORT None *( #18) LICENSES None *( #19) BILLS Flint moved, Sansevere seconded, to approve payment of the All Accounts Fund. VOTE: Ayes 5, Nays 0. ADJOURNMENT White moved, Sansevere seconded, to adjourn the meeting at 9:47 p.m. There being no further business to discuss, the meeting was adjourned at 9:47 p.m. Linda S. Vee, City Clerk .�i � >t 10110 0 ,, Barbara Peterson, Mayor PAGE 14 • • •