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HomeMy WebLinkAbout01-13-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 13, 1997 0 ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Mayor Elect Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and JoEllen Hurr. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, City Engineer Glenn Cook, Public Services Director Greg Gappa, Building and Zoning Administrator Jeanne Mabusth, Assistant Building and Zoning Administrator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( #1) OATH OF OFFICE MAYOR GABRIEL JABBOUR COUNCIL MEMBERS CHARLES KELLEY AND BARBARA PETERSON City Administrator administered the oath of office to Gabriel Jabbour as Mayor and Charles Kelley and Barbara Peterson as Council Members. Mayor Callahan turned the meeting over to Mayor Jabbour. Congratulations were extended to the new Council. Is ( #2) RESOLUTION #3827 - RECOGNITION OF MAYOR EDWARD J. CALLAHAN, JR.'S SERVICE TO THE CITY Kelley moved, Peterson seconded, to adopt Resolution #3827 recognizing Edward J Callahan, Jr. for distinguished service and outstanding leadership as Mayor and City Council Member. Vote: Ayes 4, Nays 0. Mayor Jabbour recognized Mayor Callahan for his years of committed service to the City of Orono as well as presented him with a plaque. Appreciation was also extended to Mrs. Callahan. ( #3) RESOLUTION #3828 - APPRECIATION FOR COUNCIL MEMBER JOELLEN HURR'S SERVICE TO THE CITY Kelley moved, Peterson seconded, to adopt Resolution 93828 in appreciation to JoEllen Hurr for distinguished service as City Council Member. Vote: Ayes 4, Nays 0. Mayor Jabbour recognized JoEllen Hurr for her years of service to the City and presented her with a plaque. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( * #4) CONSENT AGENDA . Items #10, 11, and 12 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #5) REGULAR MEETING OF DECEMBER 9, 1996 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of December 9, 1996. Vote: Ayes 4, Nays 0. PUBLIC HEARING - 7:15 - 8:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. ( 96) PROPOSED SEWER PROJECTS - NORTH LONG LAKE Cook presented an overall summary of the project and the results of the feasibility study. The improvement project will extend the sewer to the North Long Lake area as well as the Country Club Addition from the existing sewer off of Brown Road. A lift station will be located at the corner of Long Lake Boulevard with flow by gravity to the lift station from Dakota Avenue and East of Long Lake Boulevard. Some homes will require grinder pump stations placed on the lake side of their homes. Once the sewer has been installed, the street will be restored and boulevard resodded. The Dakota Avenue section is open to surfacing with blacktop. Cook reported that some easements will be required to provide service to serve several lots and for lift stations. The project will also require some temporary easements where tight corridors are present. The lift station will pump the sewage out Long Lake Boulevard to CoRd 6 and down to the Country Club Addition. The Country Club Addition will be served totally by gravity to the lift station on the south end of the subdivision and pumped out along Country Club Road and Brown Road to the existing manhole. Cook reported that an alternate force main was reviewed to the south across private property, which would require an easement, to West Farm Road and also by the marsh area. This would result in a savings of approximately $30,000, but because of the need to go through the marsh area, there is concern with pollution and access difficulties. The installation could take place by direct boring but repair would be difficult. This alternate is not being recommended. Cook noted three homes along the east side of Brown Road are not included in the project. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 • ( #6 - Proposed North Long Lake Sewer Projects - Continued) Cook reviewed the costs of the project. The lateral facilities including street repair are estimated at $616,114, and the trunk facilities at $414,157 to include the force main. With 55 units in the area, this would result in an $18,730 charge per unit. The Dakota Avenue surfacing at an estimated $18,284 would result in a $1930 per unit charge for those along Dakota Avenue, or an additional $350 if all 55 units were factored in. Goetten asked if the costs were figured on last years' dollars, what increase might be shown for the project this year. Cook was of the opinion that the cost was within the estimate at +/ -5 %. The meeting was opened to public comments. John Gawron, 920 Dakota Avenue, asked if the City would take over maintenance (repair, plowing) of Dakota Avenue once it is resurfaced. Dakota Avenue is a private road and currently gravel. Kelley was of the opinion that the City maintains roads with sewer but said it was in question. Jabbour noted the need to distinguish between rural and urban roadways which would affect the answer to this question. Moorse reported the City was now beginning to bring sewer to rural areas. No change to the policy regarding maintenance has occurred but could be considered by the Council. Goetten informed Gawron that the Council would need more background information before any • determination could be made. Tom Steinke, 910 Dakota Avenue, asked if manhole covers would be required once the sewer is in. Cook reported that manholes would be installed. Mr. Gawron informed the Council that he did not wish to pay $2,000 towards blacktopping Dakota Avenue. Mrs. Gawron connnented that the road was not properly bedded. Cook informed them that the road's gravel base would be put back in proper form. Jabbour asked if it is the recommendation that Dakota Avenue become blacktop. Cook reported that it was, however, the ultimate decision to pay for the blacktop rests with the property owners. He noted that the cost of maintenance is lower with a blacktopped road. Goetten asked what was involved in resurfacing a road. Cook said the road is lowered about 6 ". Below that, the road is cut down another 15 -1/2" for the crushed rock base. 3" of bituminous is laid over the base resulting in a 7 -ton road capacity. Cook reported that a gravel road cannot handle 7 -tons which is desired for the long term. The life of a bituminous road is 20 years. Is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 (96 - Proposed North Long Lake Sewer Projects - Continued) Keith Gasner, 884 Dakota Avenue, questioned the $350 per unit charge. He noted the neighboring area would gain a blacktopped road and the cost is spread amongst all residents in the project, but those along Dakota Avenue would have to pay separately for the blacktopping of Dakota Avenue without the cost spread amongst all involved in the project. He questioned whether there would be a credit for the residents along Dakota Avenue. Goetten informed him that the $1950 charge is for those along Dakota Avenue, who would not receive any credit. She did note that if the cost was spread amongst all of those in the project, it would cost $350. Don Lund, 1465 Long Lake Boulevard, asked who makes the ultimate decision on what properties are included in the project. Cook informed him the Council makes that determination. Lund asked what rules were being followed noting the properties north, south, and east of him were not included, yet he was included. Jabbour informed him that "hot spots" for sewering were identified by the City where existing septic systems were substandard, having primary and secondary septic sites with problems. He noted lot sizes and developments were reviewed and a determination made through public meetings for the limited number of sewer units available. Jabbour informed Lund that the procedure to gain permission from the Met Council for the sewer units was over a long time period. Lund questioned whether the size of the lot was a factor noting he had 2- 1/2 acres. Gaffron reported that Lund's property was included as sewer was projected to serve properties on the same street as Lund. He did note Lund's property is larger than • most and has a steeper topography. Gaffron said Staff has not closely reviewed each property and can further review it regarding whether or not to include it if requested. Kelley informed Lund that if he had the opportunity to hook up to sewer he would do"so immediately. He noted the advantages of sewering, the cost of mound systems, system failure, and new regulations on septic systems. Lund asked if the cost of severing was based on so much per foot. Jabbour informed Lund that if Staff finds it unnecessary to include his property, he may opt out. Lund said he had not made that decision. Gaffron reported that criteria has not yet been set for the project as it has in the past in regards to fringe properties. Jabbour explained that the project did not become a reality until the end of 1996 and was only speculation up to that point. He noted the septic rules established in 1978 and 1992 which laid out shoreland regulations. Jabbour said there were probably 600 properties in Orono who would not pass septic inspections at this time. He noted 25% of the systems are inspected yearly. The City also had a 2 -year moratorium on requiring septic repairs. Jabbour said the State legislature is reviewing cost and effect of the regulations. He also informed Lund that whenever a property has septic, the residence is limited to the number of bedrooms allowed. With sewering, the property has more options for expansion. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( #6 - Proposed North Long Lake Sewer Projects - Continued) • Lund inquired what the monthly payment will be for the sewer assessment. Jabbour noted that the City has a good credit rating which will be reflected in the payment. Gaffron informed Lund that the payment would be affected by how much the City determines to contribute to the project. An example of $15,000 over 15 years was given with principal payment of $1,000 a year, interest of 6 -7% of another $1,000. The $2,000 figure per year would result in a monthly payment between $150 and $200. There is also a quarterly sewer charge of $72. Lund also asked if the plan is to run the sewer down the center of the road or the side. Cook said they will attempt to run down the center of the road. Chris Blakeley, 1600 Long Lake Boulevard, asked when the project would be up and running, when residents can connect or will be required to connect, if the sewers would be available to all the residents at the same time, and when the assessment would take place. Cook informed him the project is expected to be completed in October, 1997. Gaffron noted that the residents will have 16 months from the completion date to hook up. In the cases where a septic system might be destroyed from the sewer installation, the hook up would be made immediately. Blakeley asked what would happen if the project was delayed into the winter months and • hook up could not occur until spring. Cook said this was most unlikely. Kelley asked Gaffron to explain the procedure for abandoning the septic system once the hook up is made. Gaffron said the septic would be pumped out, the cover caved in and filled with sand or dirt, or native material found on the property. , is Glen Friden, 1925 Country Club Road (Lot 12 of Country Club Addition), said he agreed with Kelley's assessment of the advantages in hooking up to sewer if available. He said he was interested in knowing what the City would contribute to the project. He noted Gaffron said it has not been determined who would be the final contributors. He questioned whether all 55 participants would be included and how any change to that number would affect the cost to those who do participate. Friden felt it is important to know the final number of participants. Friden questioned whether the properties along North Brown Road on the east side and a couple others not shown on the map but receiving benefit from the project would also be included. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( #6 - Proposed North Long Lake Sewer Projects - Continued) d an resident hooking u after the cost calculations have been made with • Jabbour note y g p respect to number of participants would pay the full assessment amount and the savings would be returned to the City. He further elaborated that the Council needs a 4/5 majority vote to pass a motion on a bond. He noted the City has taken the position that those who receive the benefit of the sewering will be the ones to pay for the sewer and not the remaining residents. He noted the City has determined the assessment method to be most fair and just and reflects the benefit to the individual lot. A work session will be scheduled regarding the subject. Keith VanderBrenden, 1480 Long Lake Boulevard, noted he has a mound system and asked if he would be hooking up when the sewer is in the street or when his current system fails. Jabbour noted that each resident has 16 months in which to hook up once the project is completed. It was recognized, however, that exceptions have been made regarding residents with new septic systems. Goetten reported that residents have in the past been allowed several years in which to hook up in such cases. She informed VanderBrenden that each situation can be investigated. Peterson noted, however, that these residents would be required to pay the assessment right away. Jabbour added that residents have been given the option of hooking up within 5 years or when their current system fails, whichever occurs first. VanderBrenden also inquired if the sewer would be laid in the public right -of -way up to • where the utility lines stop. Cook said in some cases the line may extend onto private property and require easements. George Johnson, 879 North Brown Road, asked Gaffron about hook up and individual pumps for the properties on the west side of North Brown Road. Gaffron said there would be three individual grinder stations instead of one lift station and asked Johnson to speak with Cook regarding his situation. Cook said the property owner would actually own the grinder and not the City. Johnson said he preferred not having individual grinder stations and having the City pay for the lift station in order to gain a higher quality pump. Cook noted the costs would then increase. Johnson noted the cost to the individual property owner would also increase, due to the operating costs of individual grinder pumps. Keith Gasner asked who will make the decision regarding whether Dakota Avenue will be blacktopped and when. Jabbour said the Council will make that determination taking citizen and Staff input into consideration noting the work session to be held regarding the issue. He asked residents to address specifics to Staff • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 • ( 96 - Proposed North Long Lake Sewer Projects - Continued) Gasner asked what is the cost of the tar itself. Cook said the cost is $1950 per residence or $19,000 on Dakota Avenue. Gasner asked how this compares to Long Lake Boulevard. Cook said it would be the same. The blacktop is milled and reused at a cost of $2 per square yard. Cook did not know what the cost would be for gravel only. He did note that the gravel base cost on the two roads would be similar. The Dakota Avenue paving is part of the recommendation. He noted the deterioration of Long Lake Boulevard. The new surface would have a 20 year life expectancy with some upkeep maintenance required. Carrie Steinke, 910 Dakota Avenue, asked if the sewer can be installed without having to pave the road. She was informed that this could happen. She asked if the consideration to pave was up to the residents. Goetten informed her that if all of the Dakota Avenue residents choose not to pave, the Council would honor that decision. Jabbour informed her that Staff thought it their duty to bring the best recommendations forward and the residents opinion would influence the final decision. Mr. Steinke asked if the manholes can still be maintained if the road is covered with gravel only. Cook told him it can still be done. Nancy Goblin, 910 Dakota Avenue, asked if the City would plow a gravel road. She was informed by Cook that the City would not plow it because it is a private road. • Tim Erickson, 880 Dakota Avenue, inquired about accessibility to their homes during the project and if the cost of asphalt for Dakota Avenue was amongst those residents or those involved in the entire project. Cook said the cost has not been finalized. It is recommended to be included as part of the total project cost. Jabbour noted that if the blacktopping was not done, the amount of contribution by the City would be reduced. He noted the City would not spend any more than necessary. Cook informed Erickson regarding access that there will be times when it is difficult. The intent is to complete the area on Long Lake Boulevard as quickly as possible. There are times when rain creates problems. The goal is to at least maintain access during a.m. and p.m. hours. Carrie Steinke asked if all the residents paid for the new sidewalk on Brown Road. Jabbour informed her that MSA funding paid for it, which in effect, means all of the residents paid for it. She asked if the same would happen with payment of the blacktop on Dakota Avenue. Respectfully, she noted that she does not benefit from the sidewalk on Brown. Goetten informed her that Brown Road is a MSA street, unlike, Dakota Avenue, which is not. A requirement of a MSA designation is a MSA road leading into another MSA road. Roger Carlson, 1580 Long Lake Boulevard, noted that the sewer requirements were due to requirements made by the State because of the lake. Noting the lake is used by others, • he questioned whether funding should be available here also. Jabbour told him that the argument against this is that people do not have the right to pollute the lake. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( #6 - Proposed North Long Lake Sewer Projects - Continued) Curt Greenlee, 1485 Long Lake Boulevard, voiced concern with delays and the costly result of tearing up new blacktop. Cook informed him that the sewer stubs would be extended to the property lines which should eliminate this possibility. Peterson added that the project manager will ask individual residents where they wish their stub to be placed. Gaffron noted that the well location will also be taken into consideration. Jabbour reminded those in attendance that they should also take into consideration where future additions might be placed. The hearing was closed to the public. Goetten informed those in attendance that there will be future opportunities for the residents to voice additional concerns. Gaffron said there will be Council meetings where the sewering will be discussed along with an assessment hearing before the improvement begins. Once the plans are completed, the bids will be made, the assessment hearing held, and the project ordered. Jabbour also noted that the project depends on the ability to obtain easements. ( #7) ORDER PLANS AND SPECS FOR NORTH LONG LAKE & LONG LAKE COUNTRY CLUB SEWER - RESOLUTION #3829 is Kelley moved, Peterson seconded, to adopt Resolution #3829 ordering preparation of • plans and specifications for the North Long Lake and Long Lake Country Club sanitary sewer improvements. Vote: Ayes 4, Nays 0. (The meeting was recessed from 8:15 -8:25 p.m.) PARK COMMISSION COMMENTS Commissioner Ilse invited the Council to attend the Friends of the Park Award Ceremony to be held at 7:00 p.m. on February 3, 1997. PLANNING COMMISSION COMMENTS Commissioner McMillan had no comments at this time. PUBLIC COMMENTS There were no public comments. 8 n LJ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 • ZONING ADMINISTRATOR'S REPORT (x #8) #2197 JOHN O'SULLIVAN, 2380 SHADYWOOD ROAD - VACATION OF NAVARRE LANE - REVISED RESOLUTION #3830 Goetten moved, Kelley seconded, to adopt Resolution 43830, agreeing to the future vacation of an unused portion of Navarre Lane in Section 17, Township 117 North, Range 23 in the City of Orono, Minnesota. Vote: Ayes 4, Nays 0. ( #9) ORONO TO BE DESIGNATED AS LEAD AGENCY IN SPRING HILL GOLF COURSE EAW - RESOLUTION #3831 Gaffron reported that the property known as Spring Hill Conference Center is being considered as Spring Hill Golf Course and requires designation of a City as the responsible governing unit due to the process of Environmental Assessment Worksheet (EAW) review. Part of the property is located in Medina but the majority within Orono including the buildings. The developer and City of Medina have agreed that Orono should be the governing unit. Staff recommends adoption of the resolution accepting the RGU or Responsible Government Unit status for the Spring Hill Golf Club EAW. Goetten inquired if the Spring Hill group would be paying for the costs incurred by the City as a result of being the agent or RGU. Gaffron said Spring Hill group is doing the • majority of the work and preparation of the work sheet. There will be some Staff time involved. Gaffron said the City is obligated to go through the process to be involved in the review. He did not know if all of the costs could be passed on. Gaffron said the process includes review of the document, a publication period, and resolution of the draft. He noted 10 -15 Staff hours have been spent and another 10 -20 Staff hours may, incur. He did not believe there would be any engineering or attorney costs involved. Gaffron said he expects a CUP application to be reviewed at the February Planning Commission Meeting. An application fee would be taken in at that time. Goetten also inquired about a moratorium. Gaffron said he did not believe the City would have an interest in a moratorium as the golf course use is a permitted use in that zoning district. Tom Radio added that the EAW acts as a moratorium as the City cannot issue the permit until the review process has been completed. Peterson moved, Kelley seconded, to adopt Resolution #3831 accepting RGU status for the Spring Hill Golf Club EAW. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Jabbour welcomed the new Planner to the City, Elizabeth Van Zomeren. Jabbour noted he received a call from Mark Engebretson extending his appreciation of is the City Staff regarding their assistance with the ice arena project. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 (Mayor /Council Report - Continued) • g Goetten recognized a letter received from John and Karla Spooner regarding the access from Orono Lane to CoRd 15. She thought they would have received information regarding the County's plans for the road. Moorse said he would obtain a copy of the County plans and send them to the Spooners. Kelley asked how the City was doing regarding the amount of overtime for public works employees due to snow removal. Moorse said the City streets are able to be cleaned within an 8 -hour time period. The personnel are called in to assist when plowing is necessary. The only overtime involved has been when the snow has occurred on the weekends. Moorse said there has not been a problem. Kelley asked if the Public Works Department could use their pay loader machinery to push piles of snow away from intersections to aid sight lines. He noted that most private roads are cleared by pickup trucks who do not have this capability. Gappa said this has been occurring, and he will follow through. Goetten also asked that the sanding be extended further down the streets rather than at corners only. Gappa noted that the City was running out of places to put the accumulating snow. ENGINEER REPORT ( 410) 1997 ENGINEERING FEES - BONESTROO . Goetten moved, Kelley seconded, to approve the 1997 rates for general engineering ser6ces proposed by Bonestroo Associates. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #I1) 1997 WORKERS COMPENSATION INSURANCE LMCIT APPLICATION FOR COVERAGE Goetten moved, Kelley seconded, to approve the 1997 Application for Coverage under the LMCIT Self - Insured Worker's Compensation Plan and award the 1997 worker compensation insurance to the LMCIT for the initial net premium of $29,743, effective January 1, 1997. Vote: Ayes 4, Nays 0. r 7 U 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 • (* #12)1997 INSURANCE BID AWARDS Goetten moved, Kelley seconded, to award the insurance effective January 1, 1997 to the League of Minnesota Cities Insurance Trust for the comprehensive municipal property and casualty package $60,207, for the umbrella excess liability $15,588, for the petrofund reimbursement $649, for the open meeting law $698, for the boiler and machinery $1,204, and for the surety bonds, $995, and to award the golf course liquor liability to St. Paul Fire and Marine Insurance Company, at a premium cost of $1,350. Vote: Ayes 4, Nays 0. ( #13) DECLARATION OF COUNCIL MEMBER VACANCY - RESOLUTION #3832 Goetten moved, Peterson seconded, to adopt Resolution #3832 declaring a vacancy in the office of council member of the City of Orono. Jabbour asked the members of the Council what their vision is regarding filling the vacancy. Peterson said she would like to see the vacancy filled as soon as possible whether soliciting for new applicants or appointing a person who ran for the office. The issue of whether to consider a person who had been on the ballot was discussed. Peterson said she would recommend Richard Flint as he is well respected. • Kelley agreed noting the work accomplished by Flint on the Park Commission. Goetten said she would also support the appointment of Flint as he is well qualified. Jabbour noted that the appointment has not been discussed among Council Members or the Mayor prior to the meeting. He also said he supports Flint. Radio noted that the appointment is not on the agenda for this meeting. Jabbour asked that the appointment be placed on the agenda of the next Council meeting. ( #14) ESTABLISH COUNCIL WORK SESSION ON 1997 GOAL SETTING A work session will be held on January 30, 1997 at 8:00 a.m. to discuss goals for the year. Jabbour noted the importance of distinguishing between a general work session for brainstorming and one of strategic planning. ( #15) NORTH FERNDALE ROAD IMPROVEMENTS Kelley said he is not opposed to the project. He noted that he is concerned about the timing because there are two large projects scheduled. He was concerned there would be a deficit in the MSA budget for 1997. Kelley suggested the project be moved to 1999. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( #15 North Ferndale Road Improvements - Continued) • Peterson asked and received confirmation that the two cities of Orono and Plymouth need the same time schedule for the project. It was noted that Plymouth has slated for the project for 1998. Jabbour said the project was originally planned for 1997 but Plymouth had changed the time frame. He said while he agrees with Kelley's concern over the budget, the improvement is logistically overdue. Peterson said she agrees with Kelley. Moorse reported that no money was spent on CoRd 6 in 1997 and the same dollar amount would be spent in the two year period. Kelley said 1999 would still show a $170,000 deficit as well as accumulate interest. Goetten said the problem is having many roads in need of repair. She is of the opinion that the City needs to address these improvements on this road rather than postponing them because it has already been delayed a number of times. It was clarified that the project must be done as a singular project and cannot be separated by city. Gappa noted Plymouth has budgeted for the improvement for 1998. Jabbour noted that the residents of Ferndale Road voiced their concern over the roadway • at the Hwy 12 meetings. He also noted its recognition by the newspaper as one of the worst roads. Kelley inquired about "borrowing" the MSA funds. Gappa said the funding allows for advance encumbering up to $500,000. The City is allowed to pay out of future allotments without interest. Council members said they were unaware of the ability to do so. Kelley and Peterson agreed that the project should then move forward. Goetten moved, Kelley seconded, to approve beginning the preliminary work on the project. Work authorized would include obtaining a proposal for project engineering from Bonestroo and the scheduling of a public informational meeting. Vote: Ayes 4, Nays 0. ( #16) ANNUAL APPOINTMENTS - RESOLUTION #3833 Moorse reported that changes have been made to the general appointments relating to the new staff changes. Some appointments have not yet been made. Jabbour asked if the policy committee was still required for Hwy 12. Moorse noted that there would be a design committee needed and suggested maintaining the policy committee at this time. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( #16 - Annual Appointments - Continued) Jabbour asked that the rotating mayor appointment begin with Diann Goetten. The Park Commission Chair vacancy was also noted. Jabbour moved, Kelley seconded, to approve Resolution 43833 giving temporary approval of the 1997 appointments with further changes to be made. Vote: Ayes 4, Nays 0. ( #17) NOISE ORDINANCE Moorse reported that revisions have been made to the draft. The problem of addressing complaints and ability to respond to them has been answered. Goetten asked for an explanation or example of the decibel numbers. Police Chief Cheswick said the department has a decibel meter. Cheswick said they looked at the example of stereo systems in a car by which to judge the sound levels. Boom boxes were also noted as a problem. He said the level where the human ear can be damaged is at 76 decibels. Goetten asked if the police would be required to be at the site of occurrence to make the determination. Cheswick said the determination would be made at the border of the property. The ordinance would state that the noise cannot go past the border of the property. • Peterson asked if the ordinance would be enforceable? Cheswick noted something needs to be done regarding the problem. Peterson asked if the police department is required to be present when the noise level is occurring. Cheswick said citizens can make a complaint. ` Kelley asked how the ordinance is affected in regards to snow blowers, etc. Cheswick said there are exemptions and control factors regarding equipment. Cheswick noted that the decibel range was looked at from an industrial and commercial standpoint which is different from that of residential property. Cheswick noted there were 230 complaints handled by the police department in 1995 and 249 in 1996, 97 directly in Orono. The majority of the complaints were residential. He noted the ordinance comes from that prepared by the League of Cities. Jabbour said the LMCD also has a decibel ordinance for boats of 82 decibels. The water patrol boats carry decibel meters. Cheswick said neighboring cities have noise ordinances and sees the need for uniformity. He did note that the decibel level allowed in Long Lake is 55 decibels. Peterson questioned why the limit in this ordinance is different from Long Lake's if there is the is desire for consistency. Cheswick said he believes 55 decibels is too low. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( 917 - Noise Ordinance - Continued) • Kelley asked who is considered the noise control officer. Gaffron said the code lists peace officers, police reserve, community service officers, zoning administrator, building administrator, and public works. Elizabeth Van Zomeren reported she has dealt with the issue of noise in the past. She indicated that the City of Minneapolis had discussed ordinance amendments to allow the police officer to be regarded as the person "offended ". Jabbour asked that the issue be tabled to the next meeting to allow for the City Planner's input. Goetten noted that no one wants to have to confront their neighbor. Peterson agreed that it is hoped that it would be a common sense issue but in reality is not so. Jabbour moved, Goetten seconded, to table the noise ordinance to the January 27 meeting. Vote: Ayes 4, Nays 0. ( #18) RESIGNATION OF JEANNE A. MABUSTH, BUILDING AND ZONING ADMINISTRATOR Jabbour moved, Peterson seconded, to accept the resignation of Jeanne A. Mabusth from her position of Building and Zoning Administrator effective March 21, 1997. Vote: Ayes 4, Nays 0. ( #19) APPOINTMENT OF ELIZABETH VAN ZOMEREN TO • PLANNERMONING ADMINISTRATOR Kelley moved, Goetten seconded, to appoint Elizabeth Van Zomeren to the position of City Planner /Zoning Administrator effective January 13, 1997 at a starting salary of $45,000, and providing for quarterly performance reviews during the first year. Vote: Ayes 4, Nays 0. Jabbour congratulated Moorse on the process and participation taken. ( #20) APPOINTMENT OF COREY FARNIOK TO FULL -TIME POLICE OFFICER Moorse reported that Farniok has worked in the department as an intern, a community service officer, a part-time police officer with an excellent performance record. Peterson moved, Jabbour seconded, to approve the appointment of Corey Farniok to the position of full -time police officer effective January 1, 1997 at a starting pay rate of $15.92 per hour. Vote: Ayes 4, Nays 0. • 14 w MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING FIELD ON JANUARY 13, 1997 • ( 420 - Appointment of Corey Farniok to Full -Time Police Officer - Continued) Peterson asked how the federal grant amount of $75,000 would be allocated. Moorse said although it can be spent in one year, the City is electing to spread the grant amount over a three year period. ( #21) SELECTION OF DATE FOR 1997 LOCAL BOARD OF REVIEW MEETING Moorse reported the recommended date is April 16. Jabbour asked that the date be set for April 23. Moorse will confirm this date with the assessor. CITY ATTORNEY'S REPORT City Attorney Radio had no report at this time. ( * #22) LICENSES Goetten moved, Kelley seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. One Day Off Site Gambling Permit (raffle) - Resolution #3834 • Orono Hockey Boosters, Inc. Orono High School Sunday, January 19, 1997 Commercial Kennel License The Dog House Boarding Kennels, Inc. 3505 Wayzata Boulevard Residential Kennel License Jane Kline and Steve Bell 4455 West Branch Road Stephen G. Esco 320 Big Island Willi Hoyer and H. Zohara 565 Hanlon Avenue Kenneth B. & Karen S. Rolland is 4119 Oak Street 15 l MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 ( 922 - Licenses - Continued) Greg & Nancy Truchinski 1580 Fox Street ( - #23) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Goetten moved, Peterson seconded, to adjourn at 9:18 p.m. Vote: Ayes 4, Nays 0. Gabr 1 Jabbour, Mayor ATTEST: 16 w is is