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HomeMy WebLinkAbout01-13-2003 Council Minutes� � t • ROLL .7 ORONO CITY COUNCIL MEETING -' MONDAY, JANUARY 13, 2003 The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, 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. Jim White arrived at 7:04 p.m., after the Consent Agenda motion. CONSENT AGENDA 1. Approve /Amend Items 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 21 were added to the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council meeting of December 9, 2002 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of December 9, 2002. Vote: Ayes 4, Nays 0. APPEAL 3. Appeal of Narrows Saloon Liquor Violation Penalty Fee Mr. Anderst was not present so Item 3 appears after Item 20. PROCLAMATION 4. Appreciation to Gabriel Jabbour Mayor Peterson asked Mr. Jabbour if he had anything to report to Council, as he had been asked to attend the meeting to deliver a report. He stated that the City is doing a • phenomenal job, that Orono is almost out of debt and in excellent condition. 1 r � a ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 4. Appreciation to Gabriel Jabbour— Continued • Mayor Peterson invited Council to make comments. Sansevere stated that Mr. Jabbour has made the Council's job easier with his outstanding commitment to the City, which benefits each Orono resident. He stated he appreciates all that Mr. Jabbour does. Murphy stated that he agreed with Sansevere. He stated that he sees Mr. Jabbour doing things personally for people in the community and that he's never seen anyone so generous. He asked Mr. Jabbour to please continue his relationship with the city. Orono has a philosophy, different from most communities, of inviting its citizens to contribute, and he wishes that more citizens would help the way Mr. Jabbour does. White stated that the residents of Orono are the big benefactors of Mr. Jabbour's work. Mr. Jabbour has taught them all to think of City issues on a full -time basis. He stated that Mr. Jabbour's time and effort on their behalf were outstanding gifts to the City. Mayor Peterson thanked Mr. Jabbour for making her job easier and stated that he has accomplished things no one else could have. Mayor Peterson read the proclamation in recognition of his devotion to the City and his • hard work on the community's behalf to Mr. Jabbour and presented him with a signed copy. Mr. Jabbour stated that he feels fortunate Orono allows him to serve the community and is proud of the Council and the way they represent the City in the larger community as responsible, good friends. Sherokee Ilse stated that the attitude about Orono has changed and she feels that Mr. Jabbour is a big part of that change. She stated he is her role model for the most patriotic citizen. PARK COMMISSION COMMENTS— SHEROKEE ILSE, REPRESENTATIVE Ilse stated that she has rejoined the Parks Commission for another term. She reminded Council that the Commission would like to see an ice rink installed near the new fire station, and stated that the planning for the ice rink should be done at the same time as the fire station site plan development in order to minimize costs. She stated they were planning on a work session on January 30, 2003. • 2 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 • PARK COMMISSION COMMENTS SHEROKEE ILSE, REPRESENTATIVE — Continued The Hackberry ball fields were handled in the fall and are finally done properly thanks to City staff. Moorse stated that although Mr. Anderst had not yet arrived, Police Officer Kurt Erickson had to leave to attend another meeting. Council decided Officer Erickson was not needed for Item 3 as his memo was sufficient in explaining the case. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. • ZONING ADMINISTRATOR'S REPORT *5. #02 -2753 Wesley Byrne, 2817 Casco Point Road —Plan Revisions —Refer to Planning Commission Murphy moved, and Sansevere seconded, to re -open application #02 -2753 and refer it to the Planning Commission for further consideration. Vote: Ayes 4, Nays 0. *6. Adoption of Stormwater Management Plan— Resolution No. 4911 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4911 adopting the City of Orono Surface Water Management Plan. Vote: Ayes 4, Nays 0. 7. Consideration of Old Long Lake Road Sewer Request Gaffron stated that they were looking for direction from Council. Mr. Jacques bought a substandard lot with a bad septic system. He tore down the home and made the necessary applications for variances to rebuild, then found that there would be problems with getting septic onto the site. The system he could use, would not meet the needs of the size house • he plans to build. His request for septic system approval for the new residence was ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 7. Consideration of Old Long Lake Road Sewer Request — Continued • rejected based on the inadequacy of the site to support standard primary and alternate systems for the proposed house. Staff reviewed possible solutions and determined that the an extension of sewer to the property may be possible. A pressure system with individual grinder stations could serve 645 Old Long Lake Road with capacity to serve the one house east and two houses west of Jacques site. The area is outside MUSA, but near enough to the existing system to suggest a MUSA expansion would be reasonable. Metropolitan Council indicated such a MUSA expansion would be a minor amendment because it is less than 40 acres in area and would have no impact on metro systems. Staff had not yet looked at the cost or proposed the plan to neighbors. White stated it would be a minor amendment in order to protect the lake. Gaffron stated that the area is totally boxed in and could not grow any larger than the proposed project. Sansevere stated that Jacques would burden most of the cost since he requires the project. Jacques stated that he was aware of that and though he did not yet know the cost of the project, he had requested it be done to service his property. Moorse stated the item was exploratory to see if Council was interested in pursuing the • plan. Mayor Peterson asked if the City incurred expenses doing a feasibility study, and then Jacques backed out, who would shoulder the cost of the study. Moorse stated they could come up with a ballpark figure without incurring any significant cost. If the cost seems reasonable, then they could pursue it further. Gaffron stated that they would contact the neighbors and post a public hearing date, but first would need to establish an estimate of cost. Murphy stated he was in favor of the plan. White moved, and Mayor Peterson seconded, to direct staff to initiate a Comprehensive Plan amendment request to the Metropolitan Council, including holding a public hearing for that amendment, and provide Council with additional information regarding costs, assessments, neighborhood interest, etc. to provide a sewer extension to 645 Old Long Lake Road. Vote: Ayes 5, Nays 0. • 4 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 • MAYOR/COUNCIL REPORT Murphy stated that he had met with the Long Lake and Excelsior Fire Chiefs with Gabriel Jabbour concerning the effort to help Long Lake provide fire service to the Navarre area. They discussed the necessary manpower, equipment, etc. Excelsior's fire chief has a good attitude and is helping with the effort. Murphy stated he went to the Met Council trails and waterways meeting to testify against Minnetonka Beach's Comprehensive Plan. As a result of his and Jabbour's testimony, as well as that of others, Met Council talked with the Minnetonka Beach Mayor about their plan and the Council disavowed that portion of the Minnetonka Beach Comprehensive Plan. Sansevere stated that the City had a new City Planner working before the hiring came before Council. He asked what would happen if the Council disapproved of a hiring after the person had already started work. He suggested they give hiring authority to the City Administrator. Barrett stated that Orono is a Plan A City, meaning the legislative and administrative both come before Council. Council could not delegate the authority to the City Administrator to approve hiring without their final approval. Mayor Peterson stated she had received a letter concerning the Safe and Sober Award. Chief Good had nominated Sergeant Correy Farniok for the award. Although he did not receive the award, Mayor Peterson wanted to recognize his nomination for a job well done. PUBLIC SERVICE DIRECTOR'S REPORT *8. Request for Payment No. 1 —SCADA System Murphy moved, and Sansevere seconded, to approve Request for Payment #1, SCADA System project to Automatic Systems Company in the amount of 5105,571.60. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *9. Pay Requests —Long Lake Fire Station Murphy moved, and Sansevere seconded, to approve the requests for payment as follows: BKV Group in the amount of $1,320.37, Diversified Security in the amounts of $6,351.10 and $719.00, GME Consultants, Inc. in the amount of $2,676.88, Kirk Program Management in the amount of $18,736.60, Metro Fire in the amount of • $5,619.41, Quality Warehouse Installation, Inc. in the amount of $350.00, LMC 5 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 *9. Pay Requests —Long Lake Fire Station — Continued • Insurance Trust in the amount of $495.00, and Knox Company in the amount of $192.00, to be funded from the Joint Fire Account. Vote: Ayes 4, Nays 0. *10. Application and Certificate for Payment No. 8 —Long Lake Fire Station Murphy moved, and Sansevere seconded, to approve Application and Certificate for Payment No. 8 from Rochon Corporation in the amount of $392,448.00, to be funded from the Joint Fire Fund Vote: Ayes 4, Nays 0. *11. Change Orders Number 3 and 4 —Long Lake Fire Station Murphy moved, and Sansevere seconded, to approve Change Orders Number 3 and 4 for the Long Lake Fire Station Project in the amounts of $13,214.50 and $16,210.00 respectively. Vote: Ayes 4, Nays 0. 12. Annual Appointments— Resolution No. 4912 White stated that he would like a slot on the Dakota Rail Committee. Mayor Peterson stated they would remove Rick Meyer and replace him with White. 0 Mayor Peterson moved, and Murphy seconded, to adopt Resolution No. 4912 designating annual appointments for 2003, with the amendment that Rick Meyer is removed from, and Jim White would be added to, the Dakota Rail Committee. Vote: Ayes 4, Nays 1 (Nygard). *13. Selection of Date for 2003 Local Board of Appeal and Equalization Murphy moved, and Sansevere seconded, to establish Wednesday, April 23, 2003 at 7:00 p.m. as the date and time for the 2003 Local Board of Appeal and Equalization meeting. Vote: Ayes 4, Nays 0. *14. Animal Control Contract Renewals Murphy moved, and Sansevere seconded, to approve the renewal of the animal control contracts for 2003 with a 3% fee increase. Vote: Ayes 4, Nays 0. 9 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 • *15. City Recorder Fee Adjustment Murphy moved, and Sansevere seconded, to approve the following fee schedule for 2003 for the City Recorder, effective January 1, 2003: Meeting length, hours: Fee: 1 -2 $135.00 2 -3 $165.00 3 -4 $200.00 4 -5 $225.00 5 -6 $250.00 6 -7 $430.00 Vote: Ayes 4, Nays 0. *16. Appointment of Planner Murphy moved, and Sansevere seconded, to approve the appointment of Jennifer Chaput to the position of Planner at the Level 3, step II salary of $48,000, effective January 6, 2003. Vote: Ayes 4, Nays 0. *17. Special Assessment Deferral Renewal — Reapplication From Stubbs Bay • Sanitary Sewer Project — Resolution No. 4913 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4913 approving the reapplication of special assessment deferment for Patty Lou Clapp. Vote: Ayes 4, Nays 0. *18. Amend 2003 Calendar Murphy moved, and Sansevere seconded, to amend the 2003 Calendar/Meeting Schedule. Vote: Ayes 4, Nays 0. *19. Street Banners in Navarre Murphy moved, and Sansevere seconded, to approve additional City costs related to the Navarre banner program. Vote: Ayes 4, Nays 0. *20. Consultant Engineer 2003 Fee Schedule Murphy moved, and Sansevere seconded, to approve the proposed rate schedule for engineering services for 2003. Vote: Ayes 4, Nays 0. VA ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 • Item 3 appears after Item 20 because Council waited for Mr. Anderst to arrive. 3. Appeal of Narrows Saloon Liquor Violation Penalty Fee Moorse stated that in a memo from Sergeant Erickson he explained how an employee of the Narrows Saloon had sold alcohol to a minor, which resulted in a $500 fine. Anderst had already paid the fine, but wanted to appeal it. Anderst stated that the violation occurred at about 3:40 in the afternoon. His waitress admitted to making a mistake. She'd seen the City's CSO around town in uniform and didn't think anything of bringing him his beer when he ordered it. The waitress was fined $400 and put on a year's probation. Anderst requested Council drop his $500 fine. He stated he knew they made a mistake, but other bars in the area, like Red Rooster, have had fines dropped for first offenses. Moorse stated that the City's part-time CSO went to the bar. Murphy asked if people had complained about the City using a uniformed representative in the checks. He stated it may have been a bad choice to send the CSO. He also stated that he believes they need to do more to keep alcohol away from minors, and that Anderst should be supportive of the City's efforts. is Anderst stated that they deny customers that have valid ID's that have been illegally obtained. He stated his waitress never served the beer. She's not a bartender. She carried the beer across the room and he ticketed her without ever receiving the beer. Nygard stated that she technically could have asked for ID before putting the beer on the table, and he was not therefore served. Mayor Peterson asked why the waitress pled guilty to the charge. Anderst asked that Council forgive the $500 fine because it was a first offense. He claimed they bend over backwards to do things right. He had four staff not make the meetings on carding issues and he took them off the schedule until they attended the meeting. He stated the City should not send officers into bars to do compliance checks when his staff recognizes them as police officers. Sansevere stated that someone's occupation shouldn't matter because one is underage or not. He asked what would happen if they forgave the fine and there was a second offense. Mayor Peterson stated they could forgive the fee, but not the offense, so a next offense would still count as the second offense with a $1000 fine and 3 day license suspension. • ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 • 3. Appeal of Narrows Saloon Liquor Violation Penalty Fee — Continued Barrett stated that Council could waive the fine, but should get a written agreement from Anderst stating that he understands the offense would remain and a second violation would carry the appropriate penalty. He stated that because Anderst was not present at the time, his testimony is hearsay, and the waitress pleaded guilty to the charge. Murphy stated that because the waitress failed to card the officer, there was a violation of the law. She paid her $400 fine. He asked where the bar's responsibility came into it. Anderst stated that he has spent more than $500 to insure against such incidents. Mayor Peterson stated the bottom line is that she didn't card the officer. Anderst stated the report claimed the bartender served the drink at the bar, which is untrue. He stated the waitress is a college student who preferred the fine and probation to fighting the charge in court. He stated he only wanted the fine against the bar excused. He admitted it happened and understood that the second offense would carry a stiff penalty. Barrett stated the City should prepare a document to be signed by Anderst stating that he admitted to the violation and understood the consequence of a second violation. He asked what precedent waiving the fine would set. • Murphy asked if Anderst would share the refunded fee with his waitress. He replied he would not, because it was her mistake. • Moorse asked if the Narrows staff had attended Orono Police workshops before the incident. Anderst replied many of his staff had, but the waitress in question had not. He was not sure if she had attended one since. White stated he supports the City's program and the fines. He asked if the City could hold his check for 6 montlis, ailu ii there are no violations within that period, return the $500 fee then, but if there is another violation, then the $500 check would be cashed and the fine for the second offense would be implemented. Sansevere stated that would set a precedent that bars could avoid paying fees on first offenses. Mayor Peterson stated that she received a call from Stephanie Grand asking that the City not let Anderst go without paying the fine. Murphy stated that he has been sober for 20 years and had mixed feelings about the issue. He stated he would vote in favor of it, but wanted Anderst to be a complete advocate for the City's efforts to prevent underage and over - drinking. E ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 3. Appeal of Narrows Saloon Liquor Violation Penalty Fee — Continued • White .moved, and Nygard seconded, to hold the $500 fine paid by Jim Anderst for a first offense Alcohol Compliance Violation until July 13, 2003; should no offenses occur before then the fee will be returned, but the next offense would be treated as a second offence. Should an offense occur prior to July 13, 2003, then the fee would not be refunded and the full penalty for a second offense would follow suit; and directing staff to draft a document to that effect to be signed by Mr. Anderst. Vote: Ayes 3, Nays 2 (Mayor Peterson, Sansevere). CITY ATTORNEY'S REPORT None. *21. LICENSES One Day Gambling — Resolution No. 4914 1. Orono PTO Mid Winter Fun Fest —Orono Middle School Saturday, February 1, 2003, Noon — 4:00 p.m. • Residential Kennel Licenses 1. Rebecca Field 1729 North Farm Road 2. Jane Kline and Steve Bell 4455 West Branch Road Murphy moved, and Sansevere seconded, to adopt Resolution No. 4914 approving a one day gambling permit for the Orono PTO, and to approve the above listed licenses. Vote: Ayes 4, Nays 0. *22. BILLS Murphy moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. Pi I • • CJ ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13, 2003 ADJOURNMENT The meeting was adjourned at 8:30 p.m. ATTEST: I ��" -,/, j C'=== i da S. Vee, City Clerk 11 Barbara Peterson, Mayor