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HomeMy WebLinkAbout09-22-2003 Council MinutesMINUTES OF THE - v ORONO CITY COUNCIL MEETING Monday, September 22, 2003 • 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Bob Sansevere; Council Members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Foth and Janice Waataja, Public Service Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Kristi Anderson. Mayor Barbara Peterson was absent. Acting Mayor Sansevere called the meeting to order at 7:00 P.M. CONSENT AGENDA 1. Approve /Amend Council members added items #8, 18 -23, and 25 to the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES • *2. Regular Council Meeting of September 8, 2003 Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting of September 8, 2003 as presented. VOTE: Ayes 3, Nays 0. *3. Special Council Meeting of September 11, 2003 Murphy moved, White seconded, to approve the :Minutes of the Special Council Meeting of September 11, 2003 as presented. VOTE: Ayes 3, nays 0. PRESENTATION 4. Judy Shields — Donation from Dog Days of Navarre Committee Dog Days of Navarre Co- Chair, Ms. Shields, recognized the efforts oa the committee and Navarre business owners including representatives of the Sign Age, Gallerie \avarre, Lakeshore Interiors, D'Vinci's, Lake Minnetonka Pet Sitters, and the Chamber of Comnxrce in making the event a success. She stated that the event took place on a very hot day and R—as visited by approximately 114 dogs that were registered for the parade and numerous others who enjoyed the music and festivities. Shields indicated that the event raised 53,450 in sponsor - -hips, $1,350 in donations, $3,000 by the Narrows bike giveaway, and an additional $400 by the Sign Age. Of that amount Shields stated that the Committee has agreed to donate up to 54,000 in trees for the Navarre commercial area. It is their intent to pay for approximately 15 trees and groundcover that would be • planted by the City up and down the boulevard on both sides of the sidev�-alk. While she recognized this would be just a start to begin the landscaping process of Navarre, it was the Committee's Page 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. • (4. Judy Shields — Donation from Dog Days of Navarre Committee, Continued) dream that the City would agree to do the planting and maintenance of those trees, as well as, supply electricity to light the trees during the holidays. Sansevere complimented Shields on her passion for the Navarre area and efforts within the Committee. Shields asked the City Council for the City's support in hosting a community meeting to encourage further community and business involvement for 2004 and beyond. She suggested the Navarre Fire Station site be used to tie in the community support and introduce the facility in the upcoming years. Having attended the event, Murphy agreed the residents, and pets alike, seemed to be having a great time that hot day. He expressed his support that the City assist the committee in accomplishing its mission to landscape the Navarre streetscape, as it appeared to be an important priority to those attending the Navarre Town Meeting last fall. While the City could likely cut holes in the sidewalk and the committee provide the trees, White commented that they would also need merchant support. Elisa Rashad, of the Sign Age, agreed, stating that by partnering with the City to host a meeting with the local merchants, more discussion could take place as to where the trees should be planted. • She stated that, alone, the committee cannot get the response it needs from the community; whereas, in cooperation with the City, like the Navarre Town Meeting, people respond. Sansevere felt it would not be difficult to coordinate a town meeting and inquired as to an appropriate timeline. Shields felt the meeting would not be necessary until after the first of the year. Murphy stated that the January timeframe would be timely to host a second Navarre Town Meeting to discuss this and follow -up on other items from the previous meeting. Moorse interjected that, in order to have the process ready for spring planting, the City would need to get authorization from the County to cut holes in the sidewalk and plant trees in their right -of- way, put together a draft plan and present it to the Navarre property owners over the winter. Shields confirmed she would coordinate this effort with Moorse. PARK COMMISSION COMMENTS — Paul Pesek As Park Commission Representative Pesek was absent, there was no report. PLANNING COMMISSION COMMENTS - Cynthia Bremer Although she had nothing new to report, Bremer indicated that she would be available for • questions regarding any applications. Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 • 7:00 o'clock p.m. FIRE SERVICE REPORT Murphy introduced Excelsior Fire Chief Mark DuCharme and Long Lake Assistant Fire Chief Tony Roe, noting that the purchase of equipment for the Navarre Firefighters had already been approved this evening. DuCharme reported that the Navarre Fire Station construction project was moving along as expected, the plans for operation were being put in place, and that the first firefighter training class of 4 -5 students was in session. Since the FF1 training class is set up in modules, DuCharme explained that additional trainees can be brought in throughout the training process. He stated that a second training session would begin after January 1", 2004, to secure 15 trained firefighters prior to the fire station's opening. While the purchase of the personal protection equipment is just one of the necessary elements for the station, DuCharme noted that other apparatus and equipment will be required in upcoming months. He stated that, thanks to the efforts of Tony Roe, the relationship with the Long Lake Fire Department has never been better. Sansevere pointed out that once the police budget is settled, the Long Lake Fire Service budget will be moving forward. He mentioned that both the Long Lake Floral and Las Brisas restaurant are willing to assist with fundraisers. Murphy commented that it is an historic day to have both the Excelsior and Long Lake Fire Chiefs together working with Orono. He noted that he had complete faith in DuCharme's Excelsior Fire • Service and thanked both representatives for being here this evening. Chief DuCharme recognized Moorse for his tireless effort as well. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT *5. #03 -2905 HEIDI B. NAGEL, 995 WILDHURST TRAIL, VARIANCE — RESOLUTION NO. 5046 Murphy moved, White seconded, to adopt RESOLUTION NO. 5046, a Resolution granting an average setback variance to allow enclosure of a portion of the existing deck as living space and extension of roof to cover a portion of the front porch, subject to the additional removals of 84 s.f. of hardcover to be consistent with the 1995 approval for the property located at 995 Wildhurst Trail. VOTE: Ayes 3, Nays 0. 6. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE — VARIANCE • Waataja explained that the applicants have requested a hardcover variance in the 0 -75' setback zone to allow 6% of hardcover where 0% is allowed and 14% currently exists. The Planning Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. (6. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE, Continued) Commission voted 4 -1, consistent with staff's recommendation, for denial of the hardcover request in exchange for a 32 s.f. landing allowed by code and an additional 20 s.f. allowance for the lock box. Based on City Council direction, Waataja noted that the applicants have consulted with an engineering firm, BKBM, whose comments were somewhat inconclusive and included in the packet, as well as, City Engineer Kellogg's response. Sansevere asked the applicants if they had pursued additional testing. Ms. Murphy explained that, it seemed to her, that no one wished to make a ruling on this matter and lay their reputation on the line just in case they were incorrect and the retaining wall structure deteriorates. While she admitted that they could continue to pursue testing and spending money to jump through the `hoops', she believed they were in an awkward position, since no one would like to accept liability for their ruling. She indicated that they were hardpressed to do more, and spend more, at this juncture if everyone is hesitant to rule on the wall and deck system. Murphy concurred, stating that he gleaned the same perspective from the letter that no one wants to take any blame on any ruling they might make if they are wrong; therefore, they are hesitant to say much at all. • Sansevere stated that he would prefer to see the decking remain as opposed to the concrete wall • across the front of the property. He asked if the City would need a stronger basis to approve the application or whether this would be precedent setting. Gaffron maintained that total rebuilds give the City an opportunity to bring properties into compliance, and pointed out that the concrete wall could be obscured with landscaping and other plantings. Ms. Murphy indicated that their original intent was to remodel the home; however, after conversations with City staff it became clear that our project would be reviewed as a rebuild and have strived to meet all of the City's requirements, one of which may force them to remove a 100 year old oak tree on the site. As it was noted by BKBM the wall was cracked in spots, Sansevere indicated that he was not convinced the decking wasn't providing a certain degree of stability to the slope and retaining wall. While he had not seen the site himself, Kellogg had three concerns with regard to tle letter submitted by BKBM. First, the letter stated that since the wall had recently been completely covered by rough -sawn fencing, BKBM admitted that a complete review was impossible; second, BKBM acknowledged that originally the retaining wall was not designed to require the supplemental bracing provided by the deck; and third, no physical testing was performed. Ms. Murphy offered to take Mr. Kellogg to the site to review the deck and wall system for him in an effort to obtain an opinion of some kind. She maintained that the physical testing would be difficult, since the wood is screwed/anchored right to the retaining wall and removal of the wood • alone might adversely impact the wall altogether. Page 4 of 16 • LIINLITES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. (6. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE, Continued) Gaffron reiterated that the applicants could be allowed a 32 s.f. landing and an additional 20 s.f. for a lock box in lieu of the deck. If it were determined that some kind of structural support were necessary to ensure the integrity of the wall system, Moorse questioned what type of support might be sufficient. Kellogg suggested that the concrete itself could be reinforced or tiebacks could be used; however, not seeing it for himself he was hesitant to make that recommendation. Since in the absence of any definitive engineering expertise to say one way or another and since it seems as if the combined wall and decking system is supporting this retaining wall structure, Murphy stated that he would not be willing to risk mandating the removal of the decking only to see the wall crumble below. Ms. Murphy pointed out that during their last visit before Council she had suggested the City Engineer visit the site and make a recommendation; however, was told by City Attorney Barrett that the City Engineer should not make a ruling on this either, to ensure the City is not liable for the ruling. • Murphy maintained that the applicants had done what the City Council had asked them to do, attempt to obtain a ruling from a reputable engineering firm. Although the results were inconclusive, Murphy indicated that he was not willing to risk tearing out the decking screwed to the retaining wall if the wall were jeopardized in the process. He felt this alone constituted adequate hardship. White concurred. Sansevere asked Kellogg whether he believed other testing or investigation was warranted. Kellogg stated that other testing techniques could potentially be done, though some are rather destructive, others are not. He felt that it was difficult to determine what could further be done not having seen the system himself. Murphy moved, White seconded, to grant a hardcover variance in the 0 -75' setback zone to allow 6% hardcover consisting of an existing lakeside deck, where 0% is typically allowed, subject to the removal of the deck skirting, planting of an appropriate vegetative screen, and the condition that if the deck should deteriorate to such a degree that it must be rebuilt it cannot be replaced on the property at 3135 Casco Circle. Sansevere asked Kellogg if he believed the physical testing required would require the deck to-be pulled off in the first place to test. Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. (6. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE, Continued) Kellogg stated that, typically, the physical testing does require some elaborate tests which would require the removal of the anchored decking itself. VOTE: Ayes 3, Nays 0. 7. #03 -2937 ROB MORLOCK, 980 NORTH SHORE DRIVE WEST — PRELIMINARY SUBDIVISION — RESOLUTION NO. 5047 Murphy moved, White seconded, to adopt RESOLUTION NO. 5047, a Resolution granting Preliminary Plat approval for a 2 -acre subdivision to be known as Englund Third Addition located at 980 North Shore Drive. VOTE: Ayes 3, Nays 0. *8. #03 -2938 SANDRA S. LARSON, 540 ORONO ORCHARD ROAD SOUTH — VARIANCES — RESOLUTION NO. 5048 • Murphy moved, White seconded, to adopt RESOLUTION NO. 5048, a Resolution approving the side yard and street setback variances in order to construct a 10'X28' addition to the north side of the property located at 540 Orono Orchard Road South. VOTE: Ayes 3, Nays 0. *9. #03 -2939 PETE AND MAXINE THORKELSON, 440 BIG ISLAND — CONDITIONAL • USE PERMIT — RESOLUTION NO. 5049 Murphy moved, White seconded, to adopt RESOLUTION NO. 5049, a Resolution granting a Conditional Use Permit in order to allow a private sewer line in the street right -of -way to serve their non - contiguous lot located at 440 Big Island. VOTE: Ayes 3, Nays 0. *10. #03 -2940 SCOTT AND LISSA HARVEY, 1199 ELMWOOD AVENUE — VARIANCES — RESOLUTION NO. 5050 Murphy moved, White seconded, to adopt RESOLUTION NO. 5050, a Resolution granting a variance for hardcover in the 75 -250' setback zone of 38.6% where 25% is normally allowed, approval of the 0 -75' zone hardcover variance to allow 15 s.f. of deck to encroach into the 0- 75' zone, and approval of the lake setback variance to allow the south west corner of the deck to continue to encroach 3' into the 75' setback in order to reconstruct a deck at 1199 Elmwood Avenue. VOTE: Ayes 3, Nays 0. *11. #03 -2941 PAUL CADY, 465 TURNHAM ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5051 Murphy moved, White seconded, to adopt RESOLUTION NO. 5051, a Resolution granting a Conditional Use Permit to construct a pool on a `through' lot for 465 Turnham Road. VOTE: Ayes 3, Nays 0. Page 6 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. *12. #03 -2942 GEORGE AND MARILYN MILEUSNIC, 3243 CASCO CIRCLE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5052 Murphy moved, White seconded, to adopt RESOLUTION NO. 5052, a Resolution granting a Conditional Use Permit to construct a 4' boulder retaining wall within the 0 -75' setback zone to replace a failed 8' retaining wall which will be situated 4' -10' closer to the OHWL of Lake Minnetonka than that of the failed wall in order to maintain a 2:1 slope for the property located at 3243 Casco Circle. VOTE: Ayes 3, Nays 0. 13. #03 -2943 ROBERT AND JANET LABALT, 3202 NORTH SHORE DRIVE - VARIANCE Sansevere moved, White seconded, to table Application #03 -2943, Robert and Janet Labalt, 3202 North Shore Drive, at the applicant's request. VOTE: Ayes 3, Nays 0. *14. #03 -2944 JONATHON MENTH, 2930 CASCO POINT ROAD — VARIANCES — RESOLUTION NO. 5053 Murphy moved, White seconded, to adopt RESOLUTION NO. 5053, a Resolution granting a hardcover variance to reconstruct a 261X10' deck in the exact location of the previous deck, with the exception that the staircase be moved within the footprint of the deck and not extend beyond the footprint of the deck to be removed for the • property located at 2930 Casco Point Road. VOTE: Ayes 3, Nays 0. *15. #03 -2946 CLIFFORD L. OTTEN, 2350 WEST WAYZATA BOULEVARD — CONDITIONAL USE PERMIT - AGREEMENT Murphy moved, White seconded, to approve Amendment Number 2 to the Planned Unit Development No. 1 Agreement for East Willow Woods to allow construction of a greenhouse roof system over a small portion of the property between the existing principal structure and the greenhouse roof system approved in 1998 for the property located at 2350 West Wayzata Boulevard. VOTE: Ayes 3, Nays 0. *16. #03 -2949 DOUG OLSON AND BARB BOWERS, 2601 WEST LAFAYETTE ROAD — VARIANCE — RESOLUTION NO. 5054 Murphy moved, White seconded, to adopt RESOLUTION NO. 5054, a Resolution granting an average lakeshore setback variance in order to construct a 2nd Story addition above the existing living space at 2601 West Lafayette Road. VOTE: Ayes 3, Nays 0. MAYOR/CITY COUNCIL REPORT White suggested that it would be appropriate to recognize the Dog Days of Navarre is Committee by Resolution. With regard to shortening the parking lot at the Casco Point Ice Rink and enlarging the field, he added that as many as 10 plus cars were parked at the lot Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. (MAYOR/CITY COUNCIL REPORT, Continued) playing football this afternoon and making the lot any smaller would be a dangerous proposition. Murphy asked that copies of the letters sent out to the candidates for City Council be given to the current Council members. He suggested that City Hall staff consider adding a full time `mouser', or cat, to City personnel in an attempt to rid the City Hall of its pest problem. Sansevere indicated that he had from 1 -7 kittens he would donate to the cause. Sansevere suggested the City begin advertising for an L1)ICD Representative since there will be an opening once McMillan is sworn in as a Council member. Murphy added that advertising for 1 -2 more Planning Commissioners and alternates would also be advised, since the City will be losing 2 members after the first of the year. Sansevere suggested that letters regarding these positions be sent to the individuals who had expressed an interest in the City Council seat. PUBLIC SERVICE DIRECTOR'S REPORT 17. WATERTOWN ROAD HOUSE MOVING Gappa explained that the City had received a request from Mr. Butterfield to move a house from Old Crystal Bay Road/TH 12 area to the Butterfield property located at 3725 Watertown Road. As this house was originally purchased by Mn/DOT for the TH12 project, it has since been sold to the Butterfield's. The house moving route will include Old Crystal Bay and Watertown Roads. While most of the tree trimming appears to be of trees within the City right -of -way, the owner has obtained signed permission slips for tree trimming from the nine residents along Watertown Road where it will be required. Since letters have gone out notifying neighbors of the impending move, only one call has been received by a property owner just east of Stubbs Bay Road concerning tree trimming, which has since been addressed. Gappa stated that he was comfortable with Don Scanlon, of Wayzata, performing the tree trimming. Public Comment: Mr. Robertson, of 3535 and 3565 Watertown Road, stated that while he would not be impacted by the tree trimming itself, he urged the City to keep the trimming to a minimum since it is the treed canopy over Watertown Road which giN-es it its rural charm. Page 8 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 • 7:00 o'clock p.m. (17. WATERTOWN ROAD HOUSE MOVING, Continued) Maureen Bellows and Gary Demele, 3400 Watertown Road, voiced their reservations that the house move would not wipe out a significant number of mailboxes along Watertown Road. Having measured the distance from the ground to the house, they questioned how the move would clear mailboxes etc. Mr. Scanlon agreed, stating that the mailboxes, typically, get pulled out prior to the move and replaced afterward. As mailboxes are supposed to be moveable, he indicated that if any damage occurs to the mailboxes, the contractor would repair or replace those mailboxes. Scanlon noted that many permits are required and many lines taken down prior to moving a house. He estimated that the move itself would take approximately 8 hours. Murphy asked who the mover was. Butterfield stated that Stubbs movers was the contractor. Murphy noted that Stubbs is a very experienced house mover, who lives in the community. He added that by moving the house during the daylight hours the public can watch and . ensure the process is safe. He asked Scanlon to elaborate on the process. Scanlon indicated that the home's dimensions were 24' high by 36' wide. He mentioned that, while it would be difficult to cut this home apart for the move, they would be able to slant it over certain obstacles to clear in its path. Bellows asked what impact the move would have on weight restrictions or the roadway. While she acknowledged that this moving process might be the most economical for the owner, she questioned whether it was the most reasonable for the City. Scanlon explained that they use multiple wheels to distribute the weight evenly. Murphy interjected that, if this house is not moved within a short time, it will halt a $90 million highway construction project which would not be reasonable at all. Bellows urged the City to write in any assurances necessary to protect the neighbors. White indicated that it would be common practice for the City to check the insurance limits and coverages of the contractor. He asked if more than the obvious two tree trimming locations were likely to take place. Demele asked how long it would take to get an opinion whether the home could be cut in • two for the move. Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. (17. WATERTOWN ROAD HOUSE MOVING, Continued) Murphy reiterated that the City would be losing a costly contractual deal with MnDOT, if the home were not moved within the next 9 days. Butterfield stated that the process has been held up by 2 neighbors who he has been waiting to hear from over the last two months to make this happen. Bellows indicated that she had only received notice of the move this past week and called to find out more at that time. Sansevere asked what impact the move had on Ms. Bellows or Mr. Demele, if it was merely the moving of their mailbox. Bellows stated that the removal of canopy, as well as, the mailboxes concerned her. • While he could appreciate their questions and concern for the canopy, Murphy pointed out that over the past 6 -7 years, up to 15 homes have been moved out of the Long Lake area in preparation for this construction project. He pointed out that others have lost far more and been devastated more by this project than tree trimming warrants and asked what more the City could do to assure them. He indicated that Stubbs is an experienced mover, Scanlon • an experienced tree trimmer, the City Engineer will be available for assistance, and that public works will accompany the movers. White acknowledged the fact that the City had spent a great deal of time ensuring Watertown Road stays as rural as possible, noting that Scanlon would do a far better job than Asplundh. He admitted that the move must take place. Scanlon explained that he would be driving the route directly ahead of the house mover only trimming where absolutely necessary. Sansevere asked what further could be done to assure the neighbors. Moorse suggested the City obtain a letter of deposit or insurance. Gappa suggested the Council move to approve the `house move' subject to adequate insurance, and conditions that Stubbs is the mover and Scanlon the tree trimmer. Bellows asked what the timeline would be for the move. Butterfield indicated that the move would likely take place a week from Wednesday, with mailers sent out to notify neighbors 5 days in advance. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 • 7:00 o'clock p.m. (17. WATERTOWN ROAD HOUSE MOVING, Continued) Scanlon pointed out that there is a great deal involved with moving a house, including coordination among the police department to direct traffic and lead the way, Excel energy, and the phone and cable companies who all must move lines. He noted that, of course, all of this is contingent upon the weather. Sansevere asked that Moorse, on behalf of the City, send out a letter to the neighbors informing them of the date and suggested that the letter also be posted on the website. Gappa repeated that most of the trees are on public right -of -way and the City has the ability to trim trees hanging over the road with or without permission. Sansevere moved, Murphy seconded, to grant permission to move a house along Old Crystal Bay and Watertown Roads, provided Stubbs house movers is the contractor, Don Scanlon the tree trimmer striving to keep trimming to a minimum, insurance provisions verified, and that notification to the neighbors be given. VOTE: Ayes 3, Nays 0. *18. REGRADING AND LANDSCAPING AT CITY HALL • Murphy moved, White seconded, to accept the quotation in the amount of $20,878.75 from Norling's Lake Minnetonka Landscaping, Spring Park, Minnesota, for completion of the City Hall drainage and landscape improvements project to be funded from the Permanent Improvement Revolving Fund with the appropriate budget adjustment approved to reflect this expenditure. VOTE: Ayes 3, Nays 0. • Murphy moved, White seconded, to adopt accept the quotation in the amount of $7,400 from Irrigation Management, Plymouth, Minnesota, for the installation of a City Hall irrigation system to be funded from the Permanent Improvement Revolving Fund with the appropriate budget adjustment approved to reflect this expenditure. VOTE: Ayes 3, Nays 0. *19. INTERIM APPOINTMENT OF PUBLIC WORKS SUPERVISOR Murphy moved, White seconded, approve the appointment of Don BeBaere as the interim Public Works Supervisor responsible for equipment, streets, and parks effective October 1, 2003. VOTE: Ayes 3, Nays 0. Murphy moved, White seconded, to approve the appointment of Scott Oberaigner as the interim Public Works Supervisor responsible for sewer and water effective October 1, 2003. VOTE: Ayes 3, Nays 0. Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. • ( *19. INTERIM APPOINTMENT OF PUBLIC WORKS SUPERVISOR, Continued) Murphy moved, White seconded, to approve a wage rate of $23.35 per hour for the position of Interim Public Works Supervisor effective October 1, 2003. VOTE: Ayes 3, Nays 0. *20. RECOGNITION — JACK BRINKHAUS, PUBLIC WORKS SUPERINTENDANT — RESOLUTION NO. 5055 Murphy moved, White seconded, to approve RESOLUTION NO. 5055, a Resolution of Appreciation to Jack Brinkhaus for Dedicated Service to the City of Orono. VOTE: Ayes 3, Nays 0. *21. LONG LAKE / ORONO WATER SYSTEM INTERCONNECTIONS Murphy moved, White seconded, to approve the expenditure of $85,000 from the Water Fund for Orono's 50% share of the costs for a joint project with the City of Long Lake for the installation of additional water system interconnections at Virginia and Brimhall Avenues with approval of the appropriate budget adjustment to reflect this expenditure. VOTE: Ayes 3, Nays 0. *21a. ACCEPT QUOTATION — OLD LONG LAKE ROAD SANITARY SEWER EXTENSION Murphy moved, White seconded, to accept the quotation in the amount of $39,783.33 from EJ Mayers Inc., Corcoran, Minnesota, for completion of the Old Long Lake Road Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2003 budget adjustment to reflect this expenditure. Acceptance of the quotation is contingent upon payment of the project costs or the signing of an assessment waiver by the property owner, and approval of the MUSA expansion by the Metropolitan Council. VOTE: Ayes 3, Nays 0. Murphy moved, White seconded, to establish a $6,500 per property connection fee for the Old Long Lake Road sanitary sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15 -year time period. VOTE: Ayes 3, Nays 0. • Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 • 7:00 o'clock p.m. *21b. ACCEPT QUOTATION — PHILLIPS SANITARY SEWER EXTENSION Murphy moved, White seconded, to accept the quotation in the amount of $25,985.00 from Red Pederson Utilities, Hopkins, Minnesota, for the completion of the Phillips Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2003 budget adjustment to reflect this expenditure. Acceptance of the quotation is contingent upon payment of the project costs or the signing of an assessment waiver by the property owner. VOTE: Ayes 3, Nays 0. Murphy moved, White seconded, to establish an $8,500 per property connection fee for the Phillips CR6 sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15 -year period. VOTE: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT *22. APPLICATION AND CERTIFICATE FOR PAYMENT #3 — NAVARRE FIRE STATION Murphy moved, White seconded, to approve Application and Certificate for Payment No. 3 from DEW Corporation in the amount of $143,794, to be funded from the • Navarre Fire Station Construction Fund Account. VOTE: Ayes 3, Nays 0. *23. PURCHASE OF EQUIPMENT FOR NAVARRE FIREFIGHTERS Murphy moved, White seconded, to approve purchase of equipment for Navarre Firefighters. VOTE: Ayes 3, Nays 0. 24. ACCESS DRIVE ON BIG ISLAND While Moorse asked the Council to take formal action on the wetland delineation service in order to begin a feasibility study for the access drive on Big Island, he wished to discuss the bigger issue with regard to the use of motorized vehicles on the island, and cutting down trees in the public right -of -way to make a wider access. He stated that the City needs to determine as soon as possible what their policy on the use of motor vehicles is on the island and how the widening of the access drives will affect the character of the island. Sansevere indicated that he would prefer the island be treated as if it were 1903 versus 2003, by limiting motor vehicle access altogether. Gappa reported that it seems someone on the island has been cutting down trees to widen the roadway or access lanes in the public right -of -way. White suggested a letter be sent to the residents of Big Island reminding them of what is and is not legal on the island and cautioning them that strong action will follow if these laws are not followed. Moorse indicated that a letter has been drafted and will be sent to property owners. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. • (24. ACCESS DRIVE ON BIG ISLAND, Continued) Murphy further suggested that a survey delineation accompany the letters to property owners to remind them of where the property lines are supposed to be. Gappa stated that sending out a delineation would require a major survey expedition to mark all the space on the island. Murphy asked how the City can expect property owners to respect the boundaries if the City itself cannot provide them with an appropriate delineation. White concurred, stating that the City needs to establish a survey which marks all of the corners. He suggested that the City start at the Hennepin County survey points and determine the property lines from there. While he recognized this could be an ongoing effort over several years, White urged the City and staff to begin the process now. In addition to the Hennepin County surveys, Barrett proposed the City begin by reviewing the surveys submitted by recent home owners who have built on the island. Murphy contended that if the City does not move on doing something to survey the island, the former Mayor will continue to remind the City of this issue. Moorse referred to the character of the island and asked the Council to consider whether they wish • to see any motor vehicle traffic on the island. White agreed that the City needs to determine whether the character of the island is worth preserving by providing public walkways as opposed to roadways. Murphy asked if the Council could declare this as their philosophy this evening. Moorse suggested staff investigate the City's authority on the island and put together a proposal. Gaffron pointed out that the zoning code discusses the kinds of permits required for the island. Since no action was taken with regard to the accesses on the island being opened up for public travel of the roadways to begin with, Gaffron believed delineating the access as walkways might be feasible. He stated that the condition of the accesses are worse than they have ever been. Sansevere suggested the City obtain public comment on this issue as soon as possible. Gaffron stated that he received 4 calls this week alone with regard to the corridor being created by one resident on the island for vehicle transfer. Sansevere urged staff to include Attorney Barrett's comments in the letter being sent out "to residents of the island. White suggested the Council accompany past Mayor Jabbour on a walking tour of the island in the near future. • Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 • 7:00 o'clock p.m. (24. ACCESS DRIVE ON BIG ISLAND, Continued) Sansevere moved, White seconded, to approve the proposal from BRA for wetland delineation services in the amount of $1,490, to be funded from the General Fund Contingency Account, and to place the Big Island access issues on an upcoming work session agenda. VOTE: Ayes 3, Nays 0. *25. HEALTH CARE SAVINGS ACCOUNT PROGRAM — RESOLUTION NO. 5056 Murphy moved, White seconded, to adopt RESOLUTION NO. 5056, a Resolution approving the proposed post - employment health care savings plan, and amending the City's personnel policy to include the HCSP. VOTE: Ares 3, Nays 0 CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. *26. LICENSES GAMBLING PREMISES PERMIT RENEWAL — RESOLLTION NO. 5057 1. National Multiple Sclerosis Society, Minnesota Chapter • Narrows Saloon 3380 Shoreline Drive Murphy moved, White seconded, to adopt Resolution No. 5057 approving the renewal of the Gambling Premises Permit requested by the National Multiple Sclerosis Society. VOTE: Ayes 3, Nays 0. SPECIAL EVENT PERMIT 1. William G. Lawton (Wedding dinner and dance) 425 Old Crystal Bay Road South Murphy moved, White seconded, to approve the special event permit request by William G. Lawton for Saturday, September 27, 2003. VOTE: Ayes 3, Nays 0. *27. BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT White moved, Murphy seconded, to adjourn the Orono City Council Meeting of September 22, 2003 at 8:51 P.M. VOTE: Ayes 3, Nays 0. • Page 15 of 16 ATTE T: Linda S. Vee, City Clerk MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. Page 16 of 16 Barbara Peterson, Mayor • is