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HomeMy WebLinkAbout01-27-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 27, 1997 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, and Barbara Peterson. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Administrator Michael Gaffron, Planner Elizabeth Van Zomeren, Public Services Director Greg Gappa, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) OATH OF OFFICE - COREY FARNIOK, POLICE OFFICER City Administrator Moorse administered the oath of office to Corey Farniok as Police Officer. (42) CONSENT AGENDA Items #7, S, 11, 14, and 15 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. • APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF JANUARY 13, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of January 13, 1997. Vote: Ayes 4, Nay 0. PARK COMMISSION COMMENTS Susan Wilson invited the Council to attend the Friend of the Parks Award Ceremony on Monday, February 3, 1997 at 7:00 p.m. PLANNING COMMISSION COMMENTS No report was given. PUBLIC COMMENTS There were no public comments. 40 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 ZONING ADMINISTRATOR'S REPORT • ( #4) #2195 GENMAR INDUSTRIES, 1449 SHORELINE DRIVE - COMMERCIAL SITE PLANNARIANCES - RESOLUTION #3835 The Applicant was represented by Mary McConnell and Jeffery Melby. Gaffron reported that the application was for a commercial site plan review and variances to the lake side, street setbacks, hardcover, and structure within the 75' setback. Issues involve boat storage, lot area, and lot depth, number of parking stalls and location, tree removal in the 0 -75, and CUP and variances for land alteration over 100 cubic yards for stormwater ponding and parking lot expansion. The proposal calls for replacement of the existing 30'x80', 2 -story, building located 20' from the lakeside with a 24'x48', 1 -story, building. The smaller pond on the property was built in 1989 and would require expansion. A new use under this proposal is for boat storage. Toilet facilities would be located in the building on the east side for the slip customers. The proposal was tabled at the November Planning Commission Meeting to allow for revisions made to the plans. The Planning Commission recommended approval with conditions at their recent January meeting. Gaffron indicated that the new building would be located in the same area as the existing building. The floor plan includes office space and toilet facilities with access from the outside. An issue for consideration is the storage of boats in the yard. It is the intent of • Kings Cove of Hastings to lease the property acting as site manager to accommodate sales of boats. Green space will be used to display up to 6 boats and 12 lake slips for display and demonstration. The new building will still be partially located in the 0 -75' setback and 47' from the lakeside. Street setback is 30'. The existing building is located 12' from the street, and the new building is proposed at 17'. The new building will meet the required 10' side setback. Gaffron noted that boat storage is not allowed in the 0 -75' according to the code. Gaffron reviewed the parking code for operations and slip usage. There are currently 68 parking stalls for the 111 slips on the Tanager Lake side and in Brown's Bay. Required is 6 parking stalls per 10 slips. Eight stalls are needed for sales and three parking stalls for the employees for a total of 78 stalls. The code does not differentiate between slips in the water for customers with slips or display slips. The Applicant does not see the need for additional parking stalls. The Planning Commission did not agree with the applicant. 0 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 (#4 - #2195 Genmar Industries - Continued) The change in the stormwater pond will depend on the number of additional stalls required. The proposal calls for expansion of the pond as it currently does not meet NURP standards. A rectangular shape will result if 3 additional parking stalls are required. If 10 additional stalls are required, the pond would be of a linear nature. The pond will be located in the 0 -75' setback. Gaffron reported that the Planning Commission is pleased with the addition of the toilet facilities and recommended continuation of providing satellite facilities on the Tanager Lake side. The portable toilets would be located within 75' of the lake and would be screened on three sides. Other issues of concern by the Planning Commission include site operations, intensification of use and the parking. The Planning Commission recommended approval with 3 additional parking stalls for a total of 71 where 78 stalls are required. The reasoning behind this decision is based on limiting hardcover. The full expansion would add another 1800' of hardcover. This recommendation would result in a minor decrease in hardcover. The site is also restricted with its location so near to the lake. The Planning Commission did not feel it was appropriate to allow parking on the west side of the road (Application #2196). Additional parking on the east and west sides was allowed in 1989 for the increased number of slips. The Planning Commission felt this recommendation was a good balance of owner rights and the best interest of the public. Gaffron informed the Council that the variances could be granted with a determination made on the number of stalls with conditions, a decrease could be required in the number of slips, or a denial of the variances. He noted that in the case of a denial, the applicant could remodel the existing building and use it as a maintenance facility. The resolution drafted gives Council findings. Gaffron indicated the need to review the issues. He asked that a conclusion be drawn if the building is approved and use found appropriate in light of the parking variances. Jabbour asked for clarification from Staff on views regarding classification of boat slips versus marina usage. Gaffron said the code does not make the distinction whether the use is rental or otherwise noting both generate traffic. He felt there was a definite need for a variance. Jabbour indicated the importance for the record in noting the lack of distinction made in the code for the type of slip usage. Gaffron said the Planning Commission agrees and saw the need for variance due to the constraints of the property and environmental reasons. Kelley said he feels a slip is a slip regardless of how the use is generated. He noted this has historically been a problem. Peterson and Goetten agreed. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 (94 - #2195 Genmar Industries - Continued) • Jabbour indicated that the Planning Commission did not clarify hardships. Gaffron responded that the physical aspects were stipulated in the resolution findings. The property is said to not meet the 200' required depth. There are 3+ acres total including both the east and west properties. The code itself is clear on parking requirements. Gaffron indicated that the applicant's rationale regarding distinction of use of slips was not founded by the Planning Commission. The code calls for a 7 -stall variance. Gaffron reported that the property on the west is restricted by its topography. Parking would cause destruction to the bluff. This forces the parking to be provided on the east lot but the majority of the parking would occur in the 0 -75' setback. He reiterated that the requirement of 10 additional stalls would contribute to the hardcover by approximately 1800 s.f in the 0 -75' setback. The 3 -stall requirement would reduce hardcover. Gaffron said the code shows the need for the property owner to be responsible for traffic management and safety. The neighbors are concerned with traffic congestion. The marina has been in conformance with the parking requirement in the past, however, and presently, other marinas are known to be non - conforming. Gaffron clarified the number of stalls necessary for Kelley. With l l 1 slips and the current 68 stalls, 11 additional parking stalls are required to handled the 8 slips for sales and 3 for employees use. Jabbour explained that the City is interested in limiting any parking on the west lot due to the topography. There is shown the ability to have increased parking on the east lot and enough hardships to warrant consideration of the request. Jabbour indicated that the • property owner has the right to use the existing building. Although future Councils cannot be bound by decisions made today, Jabbour said it was important for the applicant to understand that the same logic used today to increase the property's usage cannot be used in the future for any further expansion. McConnell informed Jabbour that the applicant would be willing to withdraw Application 42196 if approval was granted for the improvements on the east property. Jabbour indicated the need to show on the record the history of what is occurring on the properties. Jabbour noted the justifications for allowing approval of the application with the ability to use the existing building, a decrease in hardcover, a smaller replacement building, and the need to not impact the bluff area to the west.. Council inquired about winter use. Gaffron reported that the operating aspects of the business will be formalized in the conclusions of the resolution. Item #5, page 12 of 15 of the resolution, notes there will be no winter operations with storage limited to use by the employees. The number of 5 boats is given. Jabbour responded that it was his opinion that the City should not restrict the winter use as it is an allowable use under the code. He found it to be a philosophical issue of where people would like to store their boats and what is reasonable. Jabbour said, although the use is not being considered today under the current lease, it is a permitted use. He does not believe that the City should take what is an appropriate use and make it unallowable and feels it is the prerogative of the property owner to make that decision. Goetten agreed with Jabbour. Peterson also agreed noting the lot has been full of boats being storage in the past. 10 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 • (94 - 92195 Genmar Industries - Continued) Jabbour said he sees the need to be consistent with the ordinance regarding parking in the front yard, however. Goetten said that issue could be dealt with in the future. Gaffron noted that the annual licensing requires a site plan which shows the uses during each time of the year. Jabbour said he felt the real issue was with the summer use and would like to allow the winter use to be left up to the property owner so it does not have to be revisited in the future. Peterson stated she did not want to see boats being stored on the grass on the lake side of the building. She noted the decrease in the building size results in more green space, and it should be left open. Gaffron responded that the Planning Commission felt the boats would otherwise be displayed in the parking lot itself. The applicant had noted that the area for display purposes had been hardcover, and they were attempting to maintain it as green space. Gaffron did not necessarily agree that the green space could be maintained as green by this use. Kelley said he agrees with Peterson in not allowing the green space to be used for boat display. Goetten said she gave alot of thought to these issues. While she is not totally for having boats displayed in the green space, it is of lesser concern to her because of the decrease in • building size. It is her hope that the area will be kept fairly open. The green space is to be used for display of up to 6 boats. McConnell said these boats would range from 19' to 24' in length. McConnell said the storage area is necessary for the site to function as a sales operation without using the parking lot itself. Kelley commented that if he was considering the purchase of a boat, he would want to try the boat out. These boats will also be located in the slips for such trial use. Kelley noted the views would open up if the green space was left and preferred the boats to be placed elsewhere. Jabbour said he does not feel the green space can be maintained with this proposed use. He inquired about the size of the parking stalls. Gaffron reported the requirement is 10'x20'. Jabbour said he would prefer the number of boats allowed in this area be limited to a maximum number of 4. Kelley noted that the size difference between the existing building and proposed building would allow about two boats to be displayed. Peterson asked if the application is denied, whether the original building would be used for sales. McConnell said the current building is used for boat maintenance and storage, • and the applicant would continue that use. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 (#4 - #2195 Genmar Industries - Continued) Jabbour asked the applicant if the use of the green space could be limited to 2 boats. McConnell said with the boats on trailers, they would need space for 4 boats minimum as it is important to the success of the business to have a critical mass on display and in the water. She said she had felt the Council's main concern was with parking and feels they can maintain the green space. Jabbour noted the parking lot could be used for display in the winter when times overlap the months noted for the operation to be open. He asked if the display boats could be kept within the existing footprint of the building. Kelley said he does not agree. He felt that by allowing a variance for parking, the concept was to free up more green space. Peterson agreed with Kelley. Goetten asked the applicant if less boats could be displayed on the green space. McConnell felt the minimum would be 4 boats. Jabbour felt it is difficult to stipulate the number of boats when boats come in different sizes. He preferred maintaining the number of boats that would fit within a certain footprint. Planning Commissioner Schroeder questioned the ability of the applicant to increase the number of slips with the amount of shoreline available. Gaffron said the LMCD allows a specific density. If the breakwater is included, the applicant would be allowed about 330 • slips with 1 per 29' of shoreline. He noted there are other restraints that limit this ability, such as parking facilities. Schroeder said the Commission's point was to limit the amount of parking available to the number of slips cannot increase. McConnell suggested an alternative. She noted the Planning Commission recommended approval of 3 additional parking stalls. If the approval was granted for 10 additional stalls to accommodate boat storage, the applicant would be willing to eliminate any display in the lake yard. Goetten said she would not approve this alternative. The Council in noting their difference of opinions, commented that the existing building could be used as a maintenance facility with permit approval. Jabbour indicated that the proposal would be a major improvement to the property. Goetten asked for clarification on tree removal and replacement. The code calls for trees 6" for larger located in the 0 -75' setback to be replaced tree for tree (not inch for inch). This proposal calls for the necessary tree replacement but it will not necessarily occur in the same area due to the site limitations. McConnell reported that the applicant did an evaluation of the site to decide whether to repair the existing building and use as a maintenance facility or to enhance the property and use consistent with their goals for the future. McConnell said the Planning Commission's recommendation is acceptable to the applicant. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27,1997 (#4 - #2195 Genmar Industries - Continued) Kelley inquired about any environmental testing done on the property. McConnell was unaware of any. Jabbour felt that at the time of purchase in 1986 there would have to have been some of this testing done. During public comments, Dana Welles, 1397 Orono Lane, reported a number of neighbors look directly at the property from the lake side. She felt the proposal was attractive. She is concerned with winter storage. Welles said the building acts as a shield for them from viewing the parking lot. She feels the new building is preferable. Welles is concerned with the possibility of the number and configuration of slips changing. She would like to see this be monitored by the LMCD. She said she opposes the use of the breakwater in the shoreline figures for possible expansion. Jabbour informed her that the Council is not in favor of further development of the lake and is restrictive in that area. He would like to see a harbor limitation be invoked by the City which would affect 300' into the shore. The copy of the letter sent to the LMCD by Welles was noted and is part of the packet information. Welles likes the yellow lighting for the docks noting this lighting used by Windward Marina. She noted one street light is fluorescent and would prefer the lights to be of low wattage. Jabbour said the spotlight is over the satellite facilities. Gaffron • reported that the light according to the code should spill downwards and be shielded. McConnell said she would follow up on this. Jabbour asked that the occupancy permit, if the application is approved, not be sent until the lighting is to code. is Mr. Reber cited his letter sent expressing his concerns. He would like to see less traffio, Jabbour noted the conflict with parking versus impacting of the bluff area. Jabbour commented that if the facility is used for maintenance, there would be a large number of trailers with boats parked on the property. He sees the proposal as a better alternative. Goetten said she feels there would be more problems with boat service on the property than with the number of boats being requested for display. Kelley questioned whether the applicant was using the ruse of considering the facility for maintenance to gain approval of their application noting the facility has not been used for maintenance for some time. McConnell noted that the Wayzata facility was closed last year where the maintenance was occurring. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27,1997 (#4 - #2195 Genmar Industries - Continued) .. Jabbour noted the number of marinas that would be interested in purchasing this property. If that scenario was to occur, Jabbour felt there would once again be maintenance of boats occurring on the property. He felt this proposal by the applicant paralleled more the goals of the City. He is concerned with applying the code consistently. Peterson questioned if the application was denied and the facility became used for maintenance, where the cars and boats would be parked. It was felt that a violation of the ordinance would most likely occur. Gaffron noted the problem with enforcement as occurs in other marinas. Jabbour moved, Goetten seconded, to approve Resolution #3835 with the modification to allow winter hours and use in the winter. The summer use would be limited to 4 or less boats displayed out of the water in the green space to the maximum of the square footage of the existing footprint. Applicant is to maintain the green space as green. Gaffron clarified changes to the resolution as drafted: Item 2B on page 12 will show the addition of "1 for 1 tree replacement'; 5g will be eliminated, 5h will stated to "not exceed 4 boats and maintain boat display within building footprint ", 5i will remain; 51 will be reconfigured. Gaffron said the code allows for winter and summer site plans, 80% for storage to include sales. The resolution currently notes a summer plan only. • Jabbour and Goetten amended their motion to include the preceding paragraph. Kelley noted his concern whether an environmental statement was completed in 1986... It was determined that the building will be inspected when the excavation occurs. Melby said they would scoop out the old building. It was reported that the old concrete, foundation and basement would require removal. The work would begin as soon as the permits were granted and weather permits. The Council informed Gaffron that they were satisfied with the bathroom facilities as proposed as well as maintaining the satellite toilets and proposed screening. Jabbour said it would be up to the applicant regarding the method of boat head pump out but it must be provided at all times. He did not believe a portable pump would handle the amount stored in the larger boats. If a dedicated spot is required, McConnell said it would occur in the boat well area. Vote: Ayes 3, Nays 1, Peterson. �J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27,1997 • ( #5) #2196 GENMAR INDUSTRIES, 1449 SHORELINE DRIVE - LAND ALTERATION CUPNARIANCES - DENIAL RECOMMENDATION The Applicant was represented by Mary McConnell and Jeffery Melby. Gaffron reported that the application was reviewed by the Planning Commission, who recommended denial of the proposed parking lot on the west side of CoRd 15. The 28 proposed parking spaces would mainly be located outside of the 0 -75' setback but would have a major impact on a bluff. A new access had been approved by Hennepin County but the new northerly location would cause the driveway to extend into the 0 -75' setback. This proposal would cut 15 -20' off of the bluff. The Commission felt the proposal is inconsistent with the Comprehensive Plan. The DNR also recommended denial of the application noting the hardships to be self - created. The Planning Commission's recommendation for denial is based on environmental issues and the lack of suitable hardships. Staff recommends denial and asks for conceptual direction in order to draft a denial resolution. Jabbour acknowledged the Applicant's proposed withdrawal of Application #2196 when approval was granted for Application #2195 but Jabbour preferred the draft resolution for denial to show a history of what has occurred on the property and to tie it into Application 92195. He noted that this property has been used twice in the past to gain variance approval on the property located across the street (Application #2195). Gaffron • said he would also prefer action taken and a record shown. Goetten agreed noting there is no justification found for the parking lot as proposed. Peterson questioned whether there could be more identification for the crosswalk to increase safety. Jabbour noted the recent law whereby cars must stop for pedestrians entering a crosswalk. This location does not allow for good sight distance, however. Gaffron indicated that the crosswalk had been part of the 1988 review. Peterson asked Staff to explore options, and Jabbour directed Staff to review the safety concerns of the crosswalk. Disturbance of soils in the 0 -75' setback was mentioned and the possibility of using fill on this property. Goetten moved, Peterson seconded, to conceptually denial Application 42196 and direct Staff to draft a resolution of denial for presentation at the February 10 Council Meeting. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27,1997 ( #6) #2200 WILLIAM ELLIS, 2435 NORTH SHORE DRIVE - VARIANCES - RESOLUTION #3836 • The Applicant was represented by Robert Harris. Van Zomeren reported that the application is a request for approval of lot area, lot width, side setback and hardcover variances within the 250 -500' setback area to allow construction of a new residence. The 1.3 acre property is located in the LR -1 A zoning district which requires 2 acres. The new residence would be located in the approximate footprint of the existing residence and requires a 34.6% lot area variance. The lot width at the shoreline is 127' and 120' at the 75' setback where 200' is required resulting in a 40% variance request. The required side yard setback is 30'. The existing and proposed east side yard is at 16.2' and 13.5' for the west side yard. The 250 -500' setback area allows 30% hardcover. The property currently exists at 36.6% and is proposed at 36.5% hardcover for a 6.5% variance. Van Zomeren noted that the Planning Commission recommended approval. Harris had no additional comments. There were no public comments. Goetten moved, Peterson seconded, to approve Resolution #3836. Vote: Ayes 4, Nays 0. 0 (City Attorney Radio arrived at this time.) MAYOR/COUNCIL REPORT Jabbour reported having received telephone calls regarding the Maxwell Bay Access. Jabbour voiced concern with a proposed LMCD ordinance that would allow cities and other agencies to accumulate Lakeshore segments owned at various locations around the lake for dock usage at one location. Jabbour noted that the majority of the lake shore is in Orono yet Orono does not own any docks. Peterson questioned whether this could have an affect on Norenberg Park. Radio saw the situation as two separate issues of transfer and development. Jabbour directed City Attorney Radio to investigate how the city may invoke harbor limits which would affect 300' into the lake from the shore line. He will report back with more information at the first meeting in March. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 • (Mayor /Council Report - Continued) Goetten reported on the concerns expressed by the residents of Orono Lane with regard to safety and the environmental issues of CoRd 15. These residents have not received notification on all of the meetings regarding the improvement project. The residents would like to see the Orono Lane intersection moved more to the east than is currently shown. These residents spoke with Jabbour and Goetten outside the chambers during the January Planning Commission meeting regarding their concerns. They were informed that at the February 10 Council meeting the Council would hear their concerns regarding the access, traffic congestion, speed, and U- turns. Jabbour asked Moorse to provide the necessary information. The County informed Jabbour that the application would have to be reviewed from the beginning in order to have the access changed. Jabbour informed the residents that they may need to look at contributing toward any access change. Goetten asked that notification be given to those residents including Mr. Harrison regarding the meeting date. Moorse said a change in access would affect the cost of right -of -way. At this time, the intersection is not being moved but extended and placed at a right angle to increase the safety. Jabbour said he informed the residents that the Council would not reconsider the whole project. Goetten expressed concern for traffic coming out from Orono Orchard Road now and after the construction takes place. Kelley felt it would be difficult to alleviate the problems near the Harrison residence and noted the speed of the curve was an issue for the County. • Jabbour indicated the problems for Orono of east -west travel. Kelley inquired from Gaffron if the State Legislature has done further review regarding septic systems. Gaffron said there have been meetings to discuss the 3' separation but nothing further has been identified. Kelley noted the need for an emergency access somewhere between the east end and CoRd 6 in the technical design of the Alternate 6 Proposal for Highway 12. Jabbour informed him that this will occur. Jabbour extended his sympathy and sorrow over the recent death of Norman Paurus, a long time Orono resident, who has served the City well in many capacities. Paurus had been on the Council and chaired the LMCD. He continued to serve the City by providing his input and monitoring activities. ENGINEER REPORT ( * #7) PAY REQUEST #2 - KELLY AVENUE SANITARY SEWER Goetten moved, Peterson seconded, to approve Pay Request #2 for the Kelly Avenue Sanitary Sewer to Widmer, Inc. in the amount of $1,807.67. Vote: Ayes 4, Nay 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 ( * #8) PAY REQUEST #7 FINAL - BROWN ROAD RECONSTRUCTION Goetten moved, Peterson seconded, to approve Pay Request #7 for the Brown Road • Reconstruction Project to Buffalo Bituminous in the amount of $29,791.98. Vote: Ayes 4, Nay 0. CITY ADMINISTRATOR'S REPORT ( 0) APPOINTMENT TO COUNCIL VACANCY - RESOLUTION #3837 Peterson moved, Goetten seconded, to appoint Richard Flint to fill the vacancy on the City Council effective February 1, 1997 for the term ending December 31, 1998. Peterson stated that Flint is well qualified, respected, has worked hard for the City and has shown proof of his abilities through his chairmanship of the Park Commission. Jabbour agreed with Peterson's assessment noting that all of these qualities combined qualify him for the appointment. Flint's contributions, the fact that he is well versed with the needs of the City and shares the vision in line with the Comprehensive Plan, as well as the number of votes he received in the election qualify him for the position. Vote: Ayes 4, Nays 0. Flint, being in attendance, was congratulated and welcomed to the Council. ( #10) PARK COMMISSION VACANCIES Jabbour informed Moorse that he would like to delay any appointments to the vacancies . on the Park Commission until further advertisement can be done, review of the applications is complete, and Richard Flint has an opportunity to provide input. Jabbour asked that the response letter to the applicants notes the new Council and their desire to speak with the candidates. Interviews will be scheduled for the first Council meeting in March, 1997. ( 411) DAN HANDLIN, 3860 NORTH SHORE DRIVE - TAX FORFEIT PROPERTY ASSESSMENT WAIVER - RESOLUTION #3838 Goetten moved, Peterson seconded, to adopt Resolution #3838 Confirming City's Intent to Not Re- Assess Lot 23, Block 7, Crystal Bay View for 1963 - 1965 -1970 Sewer and Water Improvements. Vote: Ayes 4, Nays 0. ( #12) ORONO ICE ARENA, INC. - PAYMENT OF SEWER AND WATER CONNECTION CHARGES Moorse reported that the Orono Ice Arena, Inc. would like the ability to pay the sewer and water connection charges of $101,880 through a payment plan over a five year period with interest. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 • ( #12 - Orono Ice Arena - Continued) Jabbour said he felt this request was reasonable but asked that findings be made showing that allowing the payment schedule would not be setting a precedent. Radio will present the resolution at the next Council meeting. Kelley noted that the Ice Arena group has a five year payment schedule for gift contributions. The payment plan requested would correspond to their cash flow schedule. Jabbour commented that the philosophy of self - funding is in tune with the philosophy of the City. Radio will reference the group's civic nature, charitable and non - profit affiliation. Jabbour moved, Goetten seconded, to direct Staff to draft a resolution with findings noted agreeing with the concepts as presented. Vote: Ayes 4, Nays 0. ( #13) TERMINATION OF SUBURBAN ALLIANCE JOINT POWERS AGREEMENT - RESOLUTION #3839 Moorse reported that the resolution is the final action necessary to terminate the West Hennepin Human Services Planning Board, also known as the Suburban Alliance. The majority of the member cities feel the need to dissolve the organization in order to create a new way to handle the activities currently under its agreement. Goetten questioned if one city would be able to stop the dissolution process noting four • cities have not yet come to the same conclusion. Moorse noted several cities are sorting out the need to pay for past obligations of the organization. He reported that the dissolution will move forward and Orono will be eliminated from any agreement by January, 1998. Kelley moved, Peterson seconded, to adopt Resolution #3839 terminating the West Hennepin Human Services Planning Board (Suburban Alliance). Vote: Ayes 4, Nays 0. ( * #14) BID AWARDS 1997 PUBLIC SERVICES DEPARTMENT TRUCK REPLACEMENTS Goetten moved, Peterson seconded, to purchase a single axle dump truck from Boyer Ford under the State of Minnesota contract for an amount not to exceed $65,972, a 3/4 ton pickup /snow plow from Grossman Chevrolet under the Hennepin County contract for an amount not to exceed $23,525, and a 1/2 ton pickup from Grossman Chevrolet under the Hennepin County contract for an amount not to exceed $18,263. Funds to be expended from the Improvement and Equipment Outlay Fund. Vote: Ayes 4, Nays 0. (x #15) DONATION TO POLICE DEPARTMENT Goetten moved, Peterson seconded, to approve the acceptance of a donation of $600 from French Creek Homeowners Association toward the purchase of police department • equipment. Vote: Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27,1997 CITY ATTORNEY'S REPORT City Attorney Radio had no report. ( * #16) LICENSES Goetten moved, Peterson seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Special Event Permit - Spring Home Preview Residential Kennel - Cigarette Licenses - John O'Sullivan Culvers 3440 Shoreline Drive Leroy Koehnen Navarre Amoco 3360 Shoreline Drive Bill Wear Orono Self Service 2160 Wayzata Blvd. Richard Kohn Wayzata Country Club 200 Wayzata Blvd. ( * #17) BILLS John Thomas - Custom Homes 2425 Old Beach Road March 8 through March 23, 1997 Wayne E. and Gayle D. Carrier 1376 North Arm Drive John O'Sullivan O'Sullivan's 2240 Shadywood Road Steven Corl Navarre Liquors, Inc. 3421 Shoreline Drive Jimmie Holtz Jimmie's Lounge 3380 Shoreline Drive Richard Bloomquist Rick's Super Valu 3333 Shoreline Drive Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. 14 • �J • CJ U MINIMS OF THE REGULAR ORONO CITY CQTJNCIL r4EETING HELD ON JANUARY 27,1997 ADJOURNMENT Mayor Jabbopr adjourned the meeting at 9:15 p.m. Gabrie Jabbour, Mayor ATTEST: 15