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HomeMy WebLinkAbout04-13-1998 Council Minutes1 r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #13, 14, 15, 16 and 20 were added to the Consent Agenda. Peterson moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. ( #2) RECOGNITION OF BRUCE ANDERSON - RESOLUTION NO. 4060 Chief Cheswick recognized Bruce Anderson for 20 years of service with the Orono Police • Department. He noted that Officer Anderson has been a school liaison officer and was assigned the rank of corporal in 1994. Goetten moved, Peterson seconded, to adopt Resolution No. 4060 recognizing Bruce Anderson for his 20 years of faithful service to the City and its citizens. Ayes 5, nays 0. ( 0) AREA FIRE CHIEFS PRESENTATION The following Fire Chiefs were present: Mike Brown, Long Lake; Greg Pederson, Mound; Dave Eisinger, Maple Plain; and Paul Klapprich, Wayzata. Brown has been with the Long Lake Fire Department for 35 years. He reviewed a recent training burn that was held along with other neighboring Fire Departments. Goetten questioned the high number of false alarms listed in the February report. She asked what measures would be taken to address the situation. Brown responded that false alarms are being tracked differently this year, and that Orono had increased their fees. The increase in calls could also be attributed to a growing population with more home alarms. Brown added that the Department was attempting to determine what initially sets off an alarm. A malfunction could occur, or there could be smoke from food or a fireplace damper setting off the is alarm. 1 t ' ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 • ( #3) Area Fire Chiefs Presentation - Continued Jabbour asked that the Department notify neighbors when they have a training burn scheduled as he had received calls from concerned citizens. Brown responded that the property owner is supposed to notify neighbors. If neighbors are overly concerned or express negative feelings, the burn is not done in that area. Goetten suggested a phone number placed on a sign in the yard would help neighbors with questions. Dave Eisinger, Maple Plain Fire Chief, has 23 years of service in the Maple Plain Department. He gave a brief description of the services and equipment available in Maple Plain. He explained the Explore program in which high school students, ages 14 to 18, are trained to help fire fighters in the "cold" or "safe" zone during a fire. Goetten asked for an explanation of trench rescue. Eisinger explained that type of rescue is used in manholes or collapsed buildings. Peterson questioned the term SCBA. Eisinger responded that SCBA stood for Self Contained Breathing Apparatus which is used for the proper intake of air by fire fighters. Jabbour asked about the use of an IRIS camera. Eisinger explained that neither Long Lake nor • Maple Plain have the camera, but Mound has one which they will share. Orono contributed to the purchase of the Mound camera. Goetten asked the cost of this type of camera. The cost is approximately $25,000 and Maple Plain is fund raising to make this purchase. Greg Peterson, Mound Fire Chief, has been with the Mound Fire Department for 23 years. He shared some interesting facts. Approximately 60% of their calls are fire related while 40% are medical calls. Approximately 12 -13% of their calls are for Orono residents. He added that one of the Department's biggest issues, particularly in Orono, is accessibility to residences. Pederson noted that a very good meeting had been held with Chief Cheswick, Moorse and the other Fire Chiefs. There is a very good working relationship between the four Fire Departments serving Orono and the surrounding communities. Paul Klapprich, Wayzata Fire Chief, has been with the Department for 35 years and Chief for 14 years. He explained that Wayzata responds to approximately 25 calls in Orono out of a total of 260 calls. False alarms have not been a serious problem. Wayzata is also considering the purchase of an IRIS camera, but they are also able to use a camera from a neighboring community. 0 F1 ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 13, 1998 10 ( 0) Area Fire Chiefs Presentation - Continued Jabbour questioned how Wayzata would access fire calls in the County Road 15 area during construction. Klapprich responded that he had retired from the Hennepin County DOT and has a close relationship with the Department. There was only one residence with an access problem. Kelley asked about the recruiting process for new fire fighters. Wayzata had 2 openings with 4 applicants, Mound had 2 openings with 6 applicants, Maple Plain had 6 openings with no applicants, and Long Lake had 1 opening with no applicants. It was explained that approximately $5,000 is spent on training a new fire fighter in the first year, so they are very selective in their application process. Physical and agility tests are required for new recruits. Jabbour expressed his appreciation to the four Fire Departments for their service to the community. He commented that Orono is seeking to employee a Fire Marshal. Goetten noted a recent fire next to her home on Shoreline Drive, and also expressed her appreciation of the work fire fighters do. APPROVAL OF MINUTES ( #4) REGULAR MEETING OF MARCH 9, 1998 Peterson moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 9, 1998. Vote: Ayes 5, Nays 0. ( #5) REGULAR MEETING OF MARCH 23,1998 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of March 23, 1998. Vote: Ayes 4, Nays 0. Kelley abstained as he did not attend the meeting. PARK COMMISSION COMMENTS Park Commissioner Wilson explained that Dickey Park is to be maintained as a passive park. The Park Commission is considering planting some native American vegetation and consulting a landscape planner. The Park Commission plans to update the beach regulation signs for the upcoming season. The March for Parks is to be held April 26. Volunteers are still needed to assist with the event. 3 » -- ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 • Park Commission Comments - Continued The annual Park Tour is scheduled for June 1 beginning at 6:30 p.m. Wilson invited all Councilmembers to attend. During the tour stop at Antoinne Park, the Park Commission hopes to have a brief opening ceremony. Open space areas in Orono will also be observed during the tour. Jabbour added that a meeting with Hennepin Parks was scheduled for May 6 to look at Hennepin County properties on Big Island. PLANNING COMMISSION COMMENTS Planning Commissioner Jan Berg had no comments. PUBLIC COMMENTS Mr. Otten, who owns property at the intersection of Highways 6 and 12, inquired about the kind of use that would be allowed in the former day care building since this area is zoned residential with few allowed uses. He asked if it would be appropriate to have prospective applicants for a CUP discuss their plans with City staff. Jabbour thought there would be provisions in the zoning code which would allow some uses during • the interim period before reconstruction of the highway begins. Otten is looking for guidance as to what may be acceptable. Kelley did not think the property would be reasonable for retail use but thought office use may be appropriate. Gaffron noted that he has drafted a memo discussing a State Statute that would allow for interim uses with a deadline date for the use to cease. He agreed with Kelley about possible office use of the property. He suggested an Interim Use Ordinance be adopted which would give Council an opportunity to approve or disapprove each interim use. Flint asked how an Interim Use Ordinance would relate to Item #19 regarding the Industrial Zone Moratorium. Gaffron suggested discussion continue during that item. 0 In 0 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ZONING ADMINISTRATOR'S REPORT ( #6) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III PRELIMINARY SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT Attorney Tim Keane, 7900 Xerxes Avenue, Bloomington, MN 55431, was present on behalf of the property owner, Tonka Venture, and applicant, Brook Park Realty. Keane presented a letter to the Mayor and Councilmembers regarding their proposed planned residential development and preliminary plat subdivision. He explained that they had met with Councilmembers in a work session format to work on an agreeable plan, but such plan had not been accomplished. Keane stated that the time for the City to exercise its zoning authority had expired. He reviewed Minnesota Statute 15.99 which provides a 60 -day time limit to approve or deny an application. The intent of the Legislature was to give land use requests a reasonable review period. Ten days are allowed to review an application and deem it complete or incomplete, providing sufficient reasons if found incomplete. The agency then has 60 days to act on the application. An additional 60 days may be granted if the reason for the extension is provided in writing to the applicant. This • application for a PRD and preliminary subdivision was filed on September 26, 1997. It proceeded through reviews by Planning staff, consultants and the Planning Commission. Recommendations were given to Council, but the application had stalled with Council. Keane stated at this time, the application should be deemed approved as submitted according to State law. If Council does not agree, the applicant would ask a Judge to make the determination. Jabbour asked if the client feels this law applies to the subdivision code as well as zoning code. Keane referred to Minnesota Statute 462.358, Subd. 3 (b) which imposes a time guideline. The subdivision approval would be allowed 120 days; 60 days for preliminary plat approval and 60 days for final plat approval, as these are two separate applications. Jabbour stated that Council has not denied the application. He added that at the December 8, 1997 meeting a substantial amount of direction was given to the applicant. The City did not hear from the applicant again until mid - January. The applicant did not feel he had strong direction from Council. Jabbour stated many issues were discussed including a cul -de -sac, egress- ingress on county Road 15, public safety and the effect of traffic on the street. Council requested information regarding these issues but the applicant didn't provide it to the City. Gleason, representing Brook Park Realty, stated they had met with staff in a work session. When he left the meeting, he understood the density issue was resolved. Council had requested a different style for the units, but this would have caused more trees to be cleared and was not acceptable to • staff. Gleason stated no further direction was given. The sketch plan application started with 45 units and was reduced to 30. The City then brought in a landscape architect. 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 • ( #6) #2308 Brook Park Realty, 3760 Shoreline Drive - Continued Jabbour indicated staff did not approve of the proposed entrance and exit from the units. Both staff and Council believed a cul -de -sac design would eliminate too many trees. This could be resolved by reducing the total number of units by 2. The City's philosophy is to keep encroachment of the wetlands to a minimum. Gleason stated the entrance issue was not brought up again. He understood the motives of the City regarding density and the wetland situation. Jabbour responded that nothing is approved until Council agrees. Council wants to come to an agreement with the applicant. The City and the applicant need to make a conscious effort to get access to County Road 15. The City recognizes that all their objectives may not be met immediately. Flint expressed his disappointment with the approach the applicant has taken. He noted that at the December 8th meeting, a lot of information was requested to make an evaluation of the proposal, i.e. actual language of restrictive covenants, a traffic study, how this proposal corresponds with the density to the east, and road width- private vs. 22'. The applicant seemed willing to provide this information. In a PRD, the City works with the developer to get the best plan. Flint did not feel the application would be considered complete until the questions were answered. He was ready to deny • the application. Peterson was also disappointed with the applicant's position. She noted density as a problem as well as traffic. She thought they were working toward an acceptable plan. She would like to continue to work together on a plan that would benefit both the applicant and the City. Kelley agreed with Flint. He had requested traffic counts and a study but did not see that information until the City staff recently provided it. Gleason responded that he had contacted staff to see who was responsible for providing the traffic study and was told that the City would provide that information. Goetten stated that she supported the application but was in agreement with concerns expressed by other Councilmembers. She was dismayed that the applicant was considering Court action. She said it was important to work with people in the community for the benefit of the City and the developer. Jabbour agreed that it was important to work with the applicant and developer and was willing to consider concessions. Gleason stated that in the work session a specific date was established for providing information. He had left messages with the City but did not get a response. . 6 ORONO CITY COUNCIL MEETING . MINUTES FOR APRIL 13, 1998 ( #6) #2308 Brook Park Realty, 3760 Shoreline Drive - Continued Jabbour stated it was unfortunate that he was not able to contact the neighboring property owner in the requested timeframe. Kelley moved, Peterson seconded, to table Application #2308 for a short time to allow the applicants some time to discuss their position. Ayes 5, nays 0. ( #7) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 4061 Dan Anderson was present. Gaffron reviewed the 7 lot proposal for preliminary plat approval. He discussed several issues that were raised at the March 23 Council meeting. The stormwater management concerns have been addressed and there should be no more changes to lot lines. A tree, woodland and vegetation preservation easement agreement has been drafted to address those issues. No trail easement will be required. The surveyor has corrected the 75' setback line on the preliminary plat. Stormwater, . drainage and grading plans have been submitted and with minor detail revisions should be acceptable. • Gaffron has contacted Met Council regarding a MUSA amendment to allow this property to be sewered. Tom Caswell from the Met Council has responded favorably and indicated the City may proceed with the amendment application. Anderson noted that he and staff met on the site and concluded that stormwater should not be directed across Old Crystal Bay Road. Anderson asked about the timeframe for payment of sewer if it were to become available. A 15 year plan for an assessment was discussed. Anderson questioned the spacing of the boulevard trees. Gaffron responded that 40' was required by Code and he would double check to be sure that figure is accurate. Jabbour indicated the City is planning several sewer projects for the next few years. There may be some options for the City to provide sewer to this area as a public project, to be assessed to the property. 7 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 t ( #7) #2341 Daniel J. Anderson, 905 Old Crystal Bay Road South - Continued Kelley added that the installation of sewer would allow larger yard areas for amenities that homes of the type to be built in this development may wish to take advantage of, i.e. swimming pools, tennis courts, accessory structures. If primary and alternate septic sites are required, the useable yard space is limited. Homeowners would then be required to seek variances for accessory structures. The developer should be aware of this situation, realizing the benefit of sewer to these lots. George Hust, 820 Old Crystal Bay Road South, asked what logic had been used to determine that a trail easement would not be required. Jabbour responded that there are already easements for a bike path across the street. The City has been challenged about park fees and has become more selective in choosing the land they may need for parks and trails. For this particular subdivision, a park dedication fee will be paid instead of taking land. Bridget Hust, 820 Old Crystal Bay Road South, asked that in the future, when large tracts of land are considered for development, that the trails and parks be planned. Then when people purchase property, they will know where the trails will be before they move in. Flint asked for clarification of the colored map included in the Gaffron memo. Gaffron explained • the "preservation easement" and "protected" areas, noting there was a lesser degree of protection from the field road up to the top of the bluff. He added there were other protections written in the Code such as the bluff impact zone and 75' setback. Flint moved, Goetten seconded, to approve Resolution No. 4061 granting preliminary approval of a Class III subdivision for the property located at 905 Old Crystal Bay Road South. Ayes 5, nays 0. Kelley asked about the pumphouse and well near the lake. Gaffron stated it was to remain as there would be less damage to the property. ( #6) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III PRELIMINARY SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT - CONTINUED Jabbour reopened discussion of this item. Keane stated that if Council continues the application to the next Council agenda for action, the applicant would not pursue legal remedies. He requested they meet with City officials to resolve the outstanding issues prior to the Council meeting. • 8 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ( #6) #2308 Brook Park Realty, 3760 Shoreline Drive - Continued Flint questioned the tolling of dates in relation to the statutory deadline. Keane responded that the applicant was agreeable that there be a tolling of any time periods which would otherwise run against the City or the applicant during the continuance period while the City and the applicant seek to work out a solution. Jabbour moved, Goetten seconded, to continue Application #2308 to the Council agenda of April 27, 1998 based on the applicant's request. Ayes 5, nays 0. (A short recess was held.) ( #8) #2348 MARY JANE HAUSER,1540 BOHNS POINT ROAD - VARIANCES - DENIAL RESOLUTION NO. 4062 The applicant was not present. Van Zomeren explained this application was reviewed at the March 23 Council meeting, at which time Council directed staff to draft a denial resolution. Peterson moved, Goetten seconded, to approve Resolution No. 4062 denying a hardcover variance PP Y g of .9% in the 75 -250' lakeshore setback to allow 25.9% hardcover where 25% is allowed for the construction of a new residence on a vacant lot. Vote: Ayes 4, Nays 0. Kelley abstained as he was not present at the March 23, 1998 meeting. ( #9) #2350 KEVIN AND LISA OLSEN /JAMES AND JUNE TOUVE, 4196 NORTH SHORE DRIVE - PRELIMINARY CLASS I SUBDIVISION Lisa Olsen and Lou Oberhauser, her attorney, were present. Gaffron explained that the proposal was for a Class I subdivision to separate one of three lots from the property at 4196 North Shore Drive. At some time in the past, Lots 55, 56 and 57 were legally combined. In 1986, Touve sold Olsen Lots 55 and 56 without Lot 57, which was an illegal subdivision. The County notified the City of this subdivision. The City, in turn, notified the buyer and seller at that time that a subdivision application would be required. The property is in the 1 acre zoning district. As Lots 55 -56 -57 exist, they meet the 80% zoning standard, and the property would be considered a buildable lot. The adjacent Lots 58 -61, owned by Touve, are .9 acre with less than .5 acre dry buildable. A lot area • variance would be required to build a home on those lots. The property was never assessed for sewer and no stub exists. However, the property could be sewered since sewer is available in the area. 9 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ( #9) #2350 Kevin and Lisa Olsen/James and June Touve, 4196 North Shore Drive - Continued Access to the site would require a variance because of the wetland. Combining Lot 57 with Lots 58- 61 creates a parcel of 1.15 acres. This parcel may not need a lot area variance but other variances may still be required. The combination also makes a driveway possible with less impact on the wetland. Gaffron stated that staff did not recommend approval of the subdivision. He added that Lots 55 -57 would not meet the 80% requirement if Lot 57 was split off; and Lots 58 -61 may or may not be buildable without the combination of Lot 57. Planning Commission concurred with staff on a vote of 4 to 0. Gaffron noted the application is nearing the 60 day review deadline. Oberhauser explained the history of the property. A house existed on Lots 55 and 56 in the 1940's. Both Hennepin County and the City have researched their records and found no record of formal action taken to combine Lots 55 and 56 with Lot 57. In 1960, all three lots were listed as one property. However, there was no reason to combine these lots in the 1960's, and the applicant does not believe a combination was done. Oberhauser added that in considering how the adjacent property would be developed, there was no reason to deny.the subdivision. I* Olsen stated that she had researched 20 of the neighboring properties, 17 of which are equal to or ' less than the size of Lots 55 and 56. She feels a clerical mistake was made at some time in the past and she is trying to clear it up. Olsen also explained that she asked the Planning Commission to vote on her application and move it forward for Council consideration. She added that the size of the lot would not reduce the value in the neighborhood. Kelley asked if the Olsen's thought they had bought only Lots 55 and 56 in 1986. Olsen confirmed that they had only bought two lots. Kelley asked what they did in 1987 when the tax statement showed they were paying taxes on three lots. Olsen explained that the extra lot was her parents, and it really didn't matter who paid the taxes on that lot. They did not realize there was a legal issue involved. Kelley asked if a title search had been done. Olsen responded that the title company states this is not a title issue. They have a deed for Lots 55 and 56, not Lot 57. Hennepin County has referred her to the City. The City has informed her that the proper procedure to follow is the subdivision process. Kelley asked why her parents didn't want to combine all the lots. Olsen explained she has 5 sisters to consider. They bought only Lots 55 and 56 from her parents. 0 10 ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 13, 1998 ( #9) #2350 Kevin and Lisa Olsen/James and June Touve, 4196 North Shore Drive - Continued Jabbour stated this situation was not a policy issue but seemed to be a matter of cleaning up a clerical issue. If the subdivision was approved, he was not suggesting the results of the action would make the adjacent lot buildable. Gaffron explained that the Code requires Lot 57 to be combined with adjacent property if it is subdivided from Lots 55 and 56. Oberhauser stated that separate tax statements are received for each of Lots 58, 59, 60 and 61. He asked if the Touves came in for a building permit if they would be subject to all zoning standards. It was agreed that they would be and variances would be required. Jabbour indicated he was in favor of granting the subdivision, as a matter of housekeeping, with verification of ownership of the lots. Jabbour moved, Goetten seconded, to conceptually approve Application #2350 for Kevin and Lisa Olsen/James and June Touve, 4196 North Shore Drive, for the proposed subdivision request with the understanding that Lots 57 - 61 be combined and noting that this combination does not guarantee • the property is buildable. Flint asked if this should be considered a subdivision application. Gaffron responded that it is a Class I subdivision application that can be done via a survey and doesn't require platting. Ayes 5, nays 0. Gaffron will prepare an approval resolution for adoption at the next Council meeting. ( #10) PARK DEDICATION AMENDMENT - ORDINANCE NO. 173, 2ND SERIES Flint moved, Jabbour seconded, to discuss Items #10 and #11 regarding park dedication fees together. ( 911) PARK DEDICATION FEES: RESIDENTIAL AND COMMERCIALANDUSTRIAL LAND - RESOLUTION NO. 4063 AND RESOLUTION NO. 4064 Goetten stated it is important to look at requiring a park dedication for land development that may occur without a subdivision, and encouraged staff to continue working on this concern. Moorse indicated that State Statutes allow park dedication fees in a subdivision but not for • developments. 11 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ( #10) Park Dedication Amendment - Continued ( #11) Park Dedication Fees: Residential and CommerciaUlndustrial Land - Continued Barrett responded that he would research this issue further as he had heard of a city that was collecting park fees from developments, even though there is nothing in State law that directly allows such practice. Flint moved, Goetten seconded, to adopt Ordinance 4173, 2nd Series, to amend Municipal Code Section 11.62 regarding dedication of land for public use for parks and playgrounds in conjunction with Class II and III subdivisions. Ayes 5, nays 0. Flint moved, Goetten seconded, to adopt Resolution No. 4063 establishing minimum and maximum park dedication amounts for residential /agricultural/ multiple residential zoned land. Flint moved, Goetten seconded, to adopt Resolution No. 4064 establishing minimum and maximum park dedication amounts for commercial /industrial zoned land. MAYOR/COUNCIL REPORT (Follows Engineer Report) • ENGINEER REPORT ( #12) FERNDALE ROAD PROJECT UPDATE Jabbour stated he had asked to have this item on the agenda as he has had a number of calls regarding the project. The Plymouth Mayor is taking this project to a public hearing. Gappa reported the three options being considered for the road design are as follows: 1) 28' wide road; 2) 32' wide road; and 3) 28' wide road widening to 36' for turn lanes. Flint objected to the cost analysis showing that Orono pays 60% and Plymouth 40 %. He stated that Orono had not agreed to that split, and had always indicated the project should be split 50/50. Gappa stated a letter had been sent to Plymouth stating Orono's position. Orono has a greater share of the road right -of -way within the Orono city limits with the acquisition of some land from Wayzata. Flint noted that in none of the three cost options presented by Bonestroo did Orono pay 50 %. Gappa thought a public information meeting was to be scheduled for late April or early May. Kellogg added that one public information meeting had already been held, but not a public hearing. • 12 0 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ( #12) Ferndale Road Project Update - Continued Jabbour expressed his concern about right -of -way acquisition. Orono proposed to have this project completed in 1998 but Plymouth has effectively delayed it until 1999. A meeting is scheduled between Orono and Plymouth staff on Wednesday of this week. MAYOR/COUNCIL REPORT Jabbour reported that he had a very positive meeting with the Watershed District. Goetten stated she had received a call from Mrs. Murphy on Ferndale Road. Murphy receives City water from Wayzata's system even though she is billed through Orono. She was concerned about Wayzata's increase in water rates and how it could affect her. She questioned how the water rate is established, and if there is a Senior citizen rate. Gappa will call her to respond to her questions. Peterson asked that Gappa also contact Duane Glew on Brown Road and explain the rationale behind the water rates. Kelley questioned the Investment Policy Statement in place for the City. He had spoken with Tom • Kuehn, Finance Director. Kuehn gave him a copy of the last statement which was done in 1988. Kelley thought this policy should be updated. • Kelley also asked for a commitment from Council regarding not granting area credit for sewered lots of 2.0 acres or more with wetlands. Gaffron explained that without a clarification of the code, a parcel of land with 3 acres dry buildable and 1 acre wetland could potentially be allowed 2 houses if sewer were available. Without sewer, no credit would be given for the wetland. He will provide a report to Council on this issue at the next Council meeting. CITY ADMINISTRATOR'S REPORT (* #13)1998 INSURANCE AWARD Peterson moved, Kelley seconded, to award the 1998 insurance package effective January 1, 1998 to the League of Minnesota Cities Insurance Trust for the comprehensive municipal property and casualty package $72,709, for the umbrella excess liability $18,611, for the petrofund reimbursement $574, for the open meeting law $771, for the boiler and machinery $1,277, for the surety bonds $796, and for the golf course liquor liability $582. 13 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 • ( * #14) APPROVAL OF LEAVE OF ABSENCE FOR MARK THOMTON Peterson moved, Kelley seconded, to approve a leave of absence for Officer Mark Thornton through May 25, 1998. ( * #15) APPOINTMENT OF FULL -TIME COMMUNITY SERVICE OFFICER Peterson moved, Kelley seconded, to appoint Jeffrey Johnson as a full -time Community Service Officer with an hourly rate of $10.38, with benefits, effective April 1, 1998. ( * #16) APPOINTMENT OF PART -TIME COMMUNITY SERVICE OFFICER Peterson moved, Kelley seconded, to appoint Patrick Foley as a part-time Community Service Officer with an hourly rate of $8.28, with no benefits and exclusion from PERA membership based on the $5100.00 maximum earning stipulation, effective March 30, 1998. ( #17) APPROVAL OF VOICE/DATA COMMUNICATIONS CONSULTANT Moorse explained this request was to hire a consultant for voice /data communications. The consultant would do a needs assessment and possibly an RFP. • Kelley suggested a phone log on each phone could be used to verify communication. Jabbour added that the phone could be tied to the computer system. Goetten asked if there would be direct dial numbers. Moorse responded that they would be available. Jabbour questioned the need for a consultant. Peterson moved, Goetten seconded, to approve the telecommunications proposal from Elert and Associates, at a cost not to exceed the total amount indicated in the proposal, and to authorize the Mayor and City Administrator to sign an agreement which reflects the proposal. Ayes 5, nays 0. ( #18) APPROVAL OF VOICE MAIL SYSTEM IMPLEMENTATION Moorse explained that the implementation of voice mail at this time would be a temporary solution. The process of installing a new voice communication system will take approximately 5 months. A number of staff members would find voice mail beneficial during the interim. 0 14 r� U ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ( #18) Approval of Voice Mail System Implementation - Continued Moorse indicated that MNet phone lines are available through a State contract at lower rates than what the City currently pays US West for business lines. Any city in the State could take advantage of these lines. The City would implement the use of the MNet lines and continue their use with the new phone system. Flint moved, Jabbour seconded, to approve the proposal of Elert and Associates to implement MNet lines with Frontier voice mail at a cost of $980.00. Vote: Ayes 5, Nays 0. ( #19) RECONSIDERATION OF AMENDMENT TO INDUSTRIAL ZONE MORATORIUM Flint asked why the Interim Use Ordinance and Industrial Zone Moratorium couldn't be phased out at the same time. Much of the Industrial Zone Moratorium is subjective except for the 3 year deadline. Moorse responded that the Industrial Zone Moratorium deals with uses that are already permitted in the Code. It is trying to prevent any use that would be extremely offensive, and is trying to limit the uses to those that occur inside the building. • Kelley noted the City should be ready to act when the moratorium expires. He added that this is the time to control what is allowed in the industrial zone. Moorse reviewed the process of the amendment. VCI called after the moratorium was adopted with concerns about their building being half empty. Barrett suggested reducing the timeframe in the moratorium to 2 years, with written agreement to create restrictions. Jabbour favored working with the property owner to allow some use during the moratorium. VanZomeren asked the Council if it was their intent to amortize the time allowed for an Interim Use Ordinance or the Industrial Zone Moratorium. Council responded that was not their intent. Goetten indicated it was important to support the few businesses that are in the area. Peterson moved to reconsider the ordinance amendment providing for an exemption to the industrial zone moratorium. The motion failed as there was no second. Jabbour suggested to Council that they consider. an annual award to be given to the most • environmentally conducive development in Orono. He felt there were a few exceptional developments in the City. 15 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 • ( #20) CITY RECORDER CONTRACT TERMINATION (INFORMATION ONLY) No action required. CITY ATTORNEY'S REPORT City Attorney Barrett requested an Executive Session at the close of the meeting. ( * #22) LICENSES Peterson moved, Kelley seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Special Event Permits 1. Denny Nelson Wednesday Evening Bassin' Tournaments Location: Lakeside Marina on Maxwell Bay Time: Wednesday evenings (6:00 p.m. to Sunset in May, June and July; 5:00 p.m. to Sunset in August and September): Dates: May 27 June 3 July 1 August 12 September 2 • June 10 July 8 August 19 July 15 August 26 July 29 2. Sherokee Ilse March for Parks Route: Begin at Orono City Hall, follow new bike trail to Luce Line. Bikers will bike west on the Luce Line toward the Ox Yoke Inn; walkers will walk east toward the Green Glen Park in Long Lake Time: 10:00 a.m. - 3:00 p.m. Date: April 26, 1998 ( * #23) BILLS Peterson moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. n u 16 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ADJOURNMENT Kelley moved, Goetten seconded, to adjourn the meeting at 10:38 p.m. Ayes 5, nays 0. ATTEST: 7�' G% Lin Vee, City Clerk is f 17 Gabrie Jabbour, Mayo