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HomeMy WebLinkAbout02-10-1997 Council Minutesi CITY OF ORONO REGULAR COUNCIL MEETING MINUTES FOR FEBRUARY 10, 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, Barbara Peterson, Richard Flint, and Charles Kelley. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Building and Zoning Administrator Jeanne Mabusth, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) OATH OF OFFICE - COUNCIL APPOINTEE, RICHARD FLINT City Administrator Moorse administered the Oath of Office of Council Member to Richard Flint. Mayor Jabbour welcomed Flint to the Council. ( 92) RESIDENTS OF ORONO LANE AND COUNTY ROAD 15 INTERSECTION RECONSTRUCTION INFORMATION AND COMMENTS - RESOLUTION NO. • 3840 Moorse asked Bruce Polaczyk of Hennepin County to present information on the site distance concerns related to the intersection of Orono Lane and County Road 15. Polaczyk related the existing design of the intersection and the proposed design. He said discussions over the intersection included neighbor concerns, visual impacts, wetlands, safety, and cost. The existing site distance of the intersection according to Polaczyk is 49 meters or 150' allowing for a 2 -1/2 second reaction time. The proposed design would have a site distance of 108 meters or 355'. The negative side to the proposed design is its impact into the hillside requiring removal of trees and brush. The County is proposing a 150' long retaining wall to reduce the impact of the construction line to the side of the hill. It would have an impact on a total of 3300 s.f. or 1 /10th acre. Polaczyk noted that design requirements had to be met including a clear zone and site distance requirements. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #2 - Orono Lane and County Road 15 Intersection - Continued) Jabbour asked Polaczyk to explain an alternative ingress- egress the County had considered. Polaczyk said the alternative would have realigned Orono Lane placing it 200' to the east. It would have required a cul -de -sac at the end of Orono Lane, rerouted Orono Lane through a wetland area, and clear cut a large area. There is a high probability of substantial additional costs, both for construction and necessary right -of- way acquisition. Polaczyk explained that the City and County would share the right -of- way costs at a 50/50 ratio. Construction costs are paid by Hennepin County. Polaczyk indicated the City and residents would benefit from a site distance commensurate with the current proposed design. The alternate design would require substantial tree removal in the wetland area, but there would be less impact to the hillside. The discussion was opened for public comment. Karla Spooner, 1385 Orono Lane, spoke as a representative of the Orono Lane neighborhood. She indicated their concern over the dangerous intersection. Spooner said the neighbors had only heard last month of the design approval of the road improvements. She indicated the neighbors have agreed to take a "wait and see" approach and will monitor any increased traffic. Spooner asked for approval of the following requests by the residents: • 1) Ability to readdress the road improvement in the future. • 2) If a neighborhood resident agrees to donate land for a new intersection, he could: a) realize a tax benefit for his donation, b) obtain a reduction in his property tax, and c) be allowed the same hardcover benefits as he is currently allowed. Spooner presented letters from the neighbors voicing their concerns and added her notes as part of the minutes for the record. Jabbour informed Spooner that anyone can ask the Council to reopen an issue. He indicated that conditions cannot be placed to bind a future Council but the record would indicate their request. Goetten said she would welcome hearing public viewpoints and had no concerns with their request. She said she was unaware of the new impacts at the curve until this meeting. Flint indicated he would be willing to readdress the issue at a later date. Peterson also had no problem with readdressing the issue. She questioned the hardcover approval request_ It was explained that the neighbor would like to be allowed the same amount of hardcover as he currently benefits from with the amount of property he now owns after the land donation is made. This neighbor was not present at the meeting. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #2 - Orono Lane and County Road 15 Intersection - Continued) Radio indicated a future Council cannot be bound without a current improvement proposal. Spooner asked if the requests asked by the neighbors were considered reasonable. Jabbour indicated the Council would be required to show findings for these requests to be made. Dana Wells, 1397 Orono Lane, said she had not been aware of any retaining wall. Goetten noted that her own property has been acting as a buffer for the neighborhood. Wells inquired about tree replacement. Polaczyk said the 150' long wall would be about 2 meters high or 6 -7' maximum. There are some conifers amongst the trees being removed as well as underbrush. Polaczyk said the County can use a 2:1 ratio for tree replacement and would negotiate tree replacement with the property owners on private property. He noted there would also be some permanent right -of -way acquired. Wells questioned the replacement of the mirror placed along the roadway which is being used by the residents to gain access onto the County road. Polaczyk said the mirror will be replaced if necessary. This mirror was paid for and maintained by the residents. Richard Noland, 1395 Orono Lane, asked if there would be an access lane heading east. • Polaczyk said the 230' acceleration lane is being considered for approval by the Council. It would have a transition area or tapering at the end of 63 meters or 207'. Polaczyk indicated that the purpose of the modular block retaining wall is to minimize impacts. He said the County would agree to a natural construction line if the property owners preferred but more land would be impacted. Flint asked Spooner what time frame the neighborhood group was looking at regarding their reassessment of the improvements. Spooner said it would be after the construction is completed. Craig Moen, 1337 Orono Lane, said he was satisfied with the sensitivity shown by the County for their concerns. He noted the residents would return before the Council if problems occur. (Council Member Kelley arrived at this time.) Peterson asked if the alternative was more intrusive. Polaczyk said it would be. Radio asked Spooner to include a copy of her statement in the minutes for the record. Spooner asked for future notification of any changes to the road or intersection. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #2 - Orono Lane and County Road 15 Intersection - Continued) Jabbour noted the large amount of traffic handled by the intersection. Spooner asked if the County road could be deemed a scenic highway. Jabbour indicated that the County road was already considered a scenic highway. Spooner requested a possible reduction in the speed limit. Council informed her they also have made such a request in the past. Moen indicated the need to preserve the beautiful drive which allows views of the lake. Peterson moved, Flint seconded, to adopt Resolution No. 3840 directing Hennepin County to construct an acceleration lane east from the Orono Lane intersection as part of the County Road 15 improvement project. Vote: Ayes 4, Nays 1, Goetten. ( * #3) CONSENT AGENDA Items 48, 9, 11, and 13 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES • ( *#4) REGULAR MEETING OF JANUARY 27, 1997 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of January 27, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Sherokee Ilse informed the Council that the Park Commission, while not recommending a specific access location for Saga Hill, would request that the access not bisect the park when determining the access for the lots to the north and south of the park land. The Park Commission is interested in a trail connection between Wood Rill, the natural and scientific park land recently donated by Bruce Dayton, and Wolsfeld Woods. Ilse said they would recommend a walking/bike path at the proposed Spring Hill Golf Course. The Park Commission is currently making recommendations for park improvements at Antoine Park to include new play ground equipment. Ilse noted that the park inventory is near completion. r� LJ 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 • (Park Commission - Continued) Jabbour recognized the Friends of the Park awards recently given out to Jason Christenson and Saga Hill Preservation Society. He would like the Council to give recognition to Bruce Dayton for his recent land contribution. PLANNING COMMISSION COMMENTS Lili McMillan had no comments. PUBLIC COMMENTS Sherokee Ilse asked the Council to consider City involvement in the Random Acts of Kindness Week. Moorse will review the matter. Mr. Kaley, 1385 Brown Road South, asked the Council what the plans were for Maxwell Bay Access for next winter. Mayor Jabbour informed Kaley that the property is owned by the DNR. The City has a development agreement with the DNR concerning use of the access. ZONING ADMINISTRATOR'S REPORT • (45) #2196 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE - VARIANCE /CUP - DENIAL RESOLUTION NO. 3841 C] Goetten moved, Kelley seconded, to adopt Resolution No. 3841 denying variances and conditional use permit for Genmar Industries, Inc. at 1449 Shoreline Drive. Vote: Ayes 5, Nays 0. ( #6) #2199 RICHARD W. BLOOMQUIST, RICK'S SUPER VALU, 3333 SHORELINE DRIVE - COMMERCIAL SITE PLAN REVIEW/VARIANCES - RESOLUTION NO. 3842 Van Zomeren reported the application is a request for improvements to the Rick's Super Valu property. She indicated the 30' utility easement and 100' conservation easement limits the expansion of the property to the north and east only. The improvements would include a pharmacy, expansion of a break room, increased warehouse and retail space, and a truck dock reconfiguration. Setback variances will be required to the 60' south and west side requirements. The applicant requests a 31.6% variance to the 177 required parking stalls with 121 on -site stalls. A hardcover variance of 38.28% is required as the property is located within the 1000' shoreland setback. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #6 - #2199 Rick's Super Valu - Continued) • Van Zomeren indicated the Planning Commission's review recommended the installation of vertical plantings. The pylon sign will be relocated with no further changes. The Planning Commission had suggested the original plan for a bank drive thru be eliminated. The Commission had also discussed changes for the building facade, and the applicant had three different schemes for Council review. Goetten indicated the Council did not wish to become involved in the building's color schemes and design. Bloomquist indicated the Planning Commission's request for aesthetic improvements. Jabbour told Bloomquist that the application was a land use issue, and he was more concerned with use and access. Van Zomeren reported that the 2.85 acre property is located in the B -3 Zoning District which requires 2 acres. She noted Hennepin County had acquired a significant portion of the applicant's property for improvements to County Highways 19 and 15, which changed the parking area and setbacks. A 1991 application approved variance requests for setbacks and off - street parking for an addition to the west side of the building. Van Zomeren indicated the 1600 s.f of increased hardcover is not consistent with the hardcover regulations; ;however, the Shoreland Ordinance was adopted after this use was established. She also noted there is a problem with the culvert on Kelly Avenue freezing in the winter causing flooding to the street. This problem does not originate with this property. • Kelley asked whether the conditions placed on the property in 1991 have been met. Van Zomeren acknowledged that the conditions including sprinklers and screening have been met. Bloomquist responded to the 1600 s.f of increased hardcover. He indicated his concern for public safety. He said he is willing to remove 1600 s.f of greenery to move the exit down toward the bank for the new access to the south to allow for increased visibility. He noted the property is able to handle the drainage. Jabbour said he had a problem with approving any variance without demonstrated hardships. He is concerned with setting a precedent. He inquired of the applicant when the property would be considered fully developed. Bloomquist said it was his understanding that the property use would be maximized with the completion of the proposed improvements. He indicated a possibility of purchasing adjacent property. Goetten said she has found Bloomquist to be a responsible citizen and was greatly affected by the loss of land due to the County's acquisition. Goetten noted with the acknowledgment of hardship, the store is good for the neighborhood. She said she appreciated the new design work but felt the decision should be left to the property owner. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 • ( #6 - #2199 Rick's Super Valu - Continued) Peterson concurred with Goetten. Radio reported that the hardship test is one whereby without variance approval, the owner would not have reasonable use of the property. He indicated the property can be used as it currently stands, and it would be hard to justify the variance. He suggested the code be changed. While acknowledging his request cannot be mandated, Kelley asked that language be added to the resolution indicating this improvement would be the last expansion of the property unless additional property was acquired. Kelley noted the economic need for the residential neighborhood to have the business located there. Radio asked that findings and hardship be noted as indicators for future Council, though that information would not bind the Council. Jabbour asked the applicant if he was in favor of the resolution and amendment. Bloomquist indicated his satisfaction. Jabbour moved, Goetten seconded, to approve Resolution No. 3842 with the condition noted that the improvements on the property are maximized unless additional property is • acquired. Vote: Ayes 5, Nays 0. • ( #7) SPRING HILL GOLF CLUB - APPROVE WORDING OF EAW DOCUMENT Moorse reported the Council is requested to approve the EAW wording for the Spring Hill Golf Course project. The purpose of the EAW is to review the project for possible environmental impacts. If any are found, then a full EIS process would occur. If not, the Project would proceed through the normal review process. It is the Council's duty as RGU to determine if the EAW document is complete and accurate in its representation of the project and its impact. The document would then be passed on to other agencies. Mabusth introduced representatives of the golf course, President Andy Hunter, Tim Johnson, Attorney Tom Crosby, and consultant, Marshal Braman. She indicated Spring Hill Golf Club is a non -profit corporation and plans on building the private golf club on the 210 acre parcel. Moorse said Staff has reviewed the document finding it to be generally complete but noting possible areas for discussion. Moorse said the Council still has the option to comment on the contents; and as RGU, the Council will make the final decision whether there is any environmental impact. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #7 - Spring Hill Golf Club EAW - Continued) Kelle y indicated his lack of expertise in this matter and suggested Staff contact other • cities, who have gone through similar reviews, to determine pitfalls of the process. He recommended Staff and other experts deterrnine and inform the Council whether the document is complete. Jabbour stated he had full confidence in 11-'iike Gaffron's ability to determine a course of action for the Council to take. He asked what Staff had reviewed. Moorse said the EAW includes a set of specific questions. Gaflron performed the background work and reviewed the document with the applicant. Moorse said Staffs recommendation for the purposes at hand is that the document is complete. Moorse said the City would like to ensure the document distributed to other agencies is accurate as it will be the document to which they will respond. Mr. Crosby commented that the approval allows the document to go to publication form. Once that has been accomplished, the legal process allows a time period until March 26 to receive comments regarding the document. Goetten informed the Council that she had reviewed the document and had a couple of concerns. She would like to see more information accompanying what is presently available regarding the "Big Woods" before it is sent out noting the lack of percentages or numbers. Jabbour said this information could be included as part of the City's • requirement. Goetten said she would like the agencies to know the relationship the "Big Woods" played in the elimination of CoRd 6 as a corridor for the upgrade of Highway 12. Goetten said she also questioned the proposed tunneling and resulting impacts. Braman said the tunnel is a design and safety related issue and would not normally be dealt with in an environmental worksheet. He said such information would be reviewed at the City and County levels. He did inform Goetten that the existing size of the "Big Woods" is 42.16 acres. After constriction of the golf club, 18.56 acres would remain for a loss of 23.6 acres. This loss is a 56% decrease. The "Big Woods" is located two - thirds in Medina and one -third in Orono and the loss amount is split proportionately between the two cities. Braman said the applicant tried to be sensitive to these issues in the design process. He noted alternative uses for the property, i.e., residential development, would have, in his opinion, a higher impact in deforestation and to water quality. Goetten cited an example of an Orono subdivision, Sugarwoods, where the tree mass was kept largely in tact. Braman said 700 -1000 trees are proposed for replanting. C] MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 14, 1997 ( #7 - Spring Hill Golf Club EAW - Continued) • Hunter informed the Council that the development would be "tree protecting ". He explained that all trees would be red flagged and examined. Hunter said they would re- route around trees where they can and intend to have more trees than presently there when they are completed with new or transplanted trees. Goetten asked Hunter when they planned on red - flagging the trees. Hunter said it would occur in early summer. Goetten said she is concerned with passing on a document without the "Big Woods" information. Braman said comments on the "Big Woods" could be incorporated into the material being distributed. Crosby suggested the percentage calculations be included. Jabbour said he saw the inclusion of the percentage calculations from a different viewpoint. He felt by inclusion it would imply what will be taking place on the property. He noted that the application requires a CUP on which conditions will be placed. Once those conditions have been determined, Jabbour said he then agrees with Goetten in assisting the other agencies by providing the information. Goetten indicated the draft is specific in its verbiage and is of the opinion that more information could be provided. Braman said he would add the information. Flint reinforced the comments made by Goetten. He said he favors greater exploration of • the facts up front. He cited an example of the trails in the area which are not adequately discussed to his satisfaction in the EAW. He brought the Council's attention to item 26, page five of the EAW regarding the trail plan. Flint felt item 26C was incorrect. He noted a trail planned for the east side of Tamarack in Medina, the 1990 trail plan by Orono, the Hennepin County plan for a trail following CoRd 6, as well as the recent discussions by Orono's Park Commission for a trail connection. Braman concurred that the plans for these trails were not included in the material at this time as they are not yet developed. Crosby said the lack of notation of the trails does not waive the rights to the trails. The question then was whether the other agencies would know enough information for their use. • Braman noted the request to meet the February 24 publication date. The document is able to be published on a two week basis. Jabbour told Braman that Staff has informed the applicant that the Council may not be able to meet all the deadline requests of the applicant. Braman explained the process of the EAW. He noted the document is written to aid in informing and educating the agencies. He said the comments gathered by the City as the RGU will be gathered and a response made in return. Braman said the design review process is on a separate track from the EAW. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #7 - Spring Hill Golf Club EAW - Continued) • Kelley asked if there is a rebuttal time in responding to physical design questions. Braman said historically they have been able to respond immediately. He said it is the Council's responsibility to review and determine if the agencies have received an adequate response. Kelley questioned at what point the process would have to start over again in reinforming the participants. Crosby said if changes were found that required republication, it would be the responsibility of the City as the RGU. Crosby said they are prepared to build the design as shown as they have already responded to neighborhood concerns. Jabbour noted the differing hats being required to be worn by the City as Council and as the RGU. He noted if the Council makes a change, the RGU can then make a change. Radio informed Jabbour that as the RGU, if the project is seen as a different project as a result of a major change, they can then step back and re- review. Goetten said she would like to see further discussions held regarding the concerns after hearing the comments that have been made and suggested a work session be held. She did suggest involving the Planning Commission. Jabbour, however, said he would like to keep the discussions for the time being at the Council level. Crosby noted the Planning Commissions' concerns would be different than that of an EAW standpoint. Radio brought to the Council's attention the need for the Council as the RGU to start the • public comment process for the EAW. On the other hand, Radio indicated the document is from the RGU as being their document. Radio said he had concerns with the conclusions found in the document. He is concerned with language used, not wanting to bind the RGU or misquote or mislead the agencies. Radio recommended the conclusions be eliminated leaving the technical information intact. Goetten commented that the concerns by Radio re- enforce the need for the work session. Jabbour said the Council needs to be satisfied with the document distributed and suggested tabling the matter. Braman noted conclusions are to be drawn as much as possible, rather than issues being left open for discussion. He drew attention to the question noted in the EAW regarding whether all questions have been answered. Kelley cited the issue of the road which he felt may be of question. Crosby informed Kelley that the road work had been completed to the satisfaction of Staff and City Engineer. Braman said while the traffic issues are documented, it was difficult to obtain information other than projections. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 • (0 - Spring Hill Golf Club EAW - Continued) Kelley asked if the conclusions were drawn with the Staff. Braman said they were with Gaffron's comments added. Kelley said if the conclusions could be believed, it would then be left up to the Council to proceed. Goetten said Gaffron also had concerns with the "Big Woods ". Flint said he also noted concern regarding the infrastructure of the roadway. Jabbour asked about the neighbors' concerns. Braman said changes were made in response to their concerns. The Work Session, which is an open meeting, was scheduled as a Special Council Meeting for Thursday, February 20, 1997 at 8:00 a.m. Goetten moved, Peterson seconded, to table the approval of the EAW Document and continue the item to the Special Meeting Work Session scheduled for February 20, 1997. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Jabbour reported having attended the Mayors Breakfast Meeting. • Jabbour informed the Council of the recent resignation of the LMCD Director. The Council discussed the increasing power of appointed boards such as the Met Council and MCWD. Kelley indicated he met with Senator Gen Olson to discuss various issues of concern to Orono. He requested Mike Gaffron send to Senator Olson information explaining the impact of current State septic conformity regulations on Orono. He also requested that he be copied on the letter. Jabbour said he would like to see the City work more closely with the State legislators. Jabbour suggested the Council follow an operating policy of total disclosure in relation to the activities of the Council Members concerning the many issues facing the City. He noted the importance of sharing information and working in a coordinated way. The Council Members agreed to follow the policy of total disclosure. Goetten indicated the need for snowmobilers to take responsibility for safety. Goetten noted the invitation to the Big Island Veterans Camp regarding a proposed upgrade of the facilities. 'Jabbour said it would be a fund raiser. He reported having asked a representative of the Veterans Camp to speak with the City regarding the is upgrade. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 (A short recess occurred.) is ENGINEER REPORT ( * 1t8) BAY RIDGE FEASIBILITY REPORT AND SET PUBLIC HEARING DATE - RESOLUTION NO. 3843 Goetten moved, Kelley seconded, to adopt Resolution No. 3843 accepting the feasibility report for the Bay Ridge sanitary sewer improvement and scheduling a public hearing regarding the improvement. Vote: Ayes 5, Nays 0. ( * #9) BRACKETTS POINT FEASIBILITY REPORT AND SET PUBLIC HEARING DATE - RESOLUTION NO. 3844 Goetten moved, Kelley seconded, to adopt Resolution No. 3844 accepting the feasibility report for the Bracketts Point sanitary sewer improvement and scheduling a public hearing regarding the improvement. Vote: Ayes 5, Nays 0. ( 010) CHANGE ORDER #2 WILLOW DRIVE IMPROVEMENTS AND CHANGE ORDER #1 OLD CRYSTAL BAY ROAD WALKWAY Moorse reported that the two change orders are for the Willow Drive Improvements and Old Crystal Bay Road Walkway due to discoveries made while in the construction • process. There was unsuitable material found under Willow Drive and additional shouldering material was also required. The Old Crystal Bay Road Walkway was changed from a rural to an urban section along the Thompson property. This change was made so easements from the property owner would not be necessary. Kelley moved, Peterson seconded, to approve Change Order 92 for the Willow Drive Municipal State Aid Improvements in the amount of $8,940, and to approve Change Order #1 for the Old Crystal Bay Road Walkway in the amount of $9,614.80. Vote: Ayes 5, Nays 0. ( * #I I) APPROVE PLANS AND SPECS - LIFT STATION #6 REHABILITATION Goetten moved, Kelley seconded, to approve the plans and specifications for the rehabilitation of lift station #6 and authorizing advertisement for bids on this project. Vote: Ayes 5, Nays 0. CITY ADMMSTRATOR' S REPORT ( #12) 1997 MATERIALS AND EQUIPMENT AWARD OF BIDS Moorse reported bids were received for material and equipment for the year. These bids are for materials that will be used throughout the year. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( #12 - 1997 Materials and Equipment Award of Bids - Continued) • Kelley moved, Goetten seconded, to accept the bids as presented for the calendar year, 1997. Vote: Ayes 5, Nays 0. Jabbour asked that consideration be given to the other contract cities for critical mass. Kelley said he had asked John Olson if better cost control methods be put into effect for 1997. Gappa reported that some adjustments have been made citing higher rental rates for the equipment. ( * #13) ESTABLISH SEASONAL ROAD WEIGHT LIMITS - RESOLUTION NO. 3845 Goetten moved, Kelley seconded, to adopt Resolution No. 3845 establishing the 1997 Weight Limits for City streets from March 15 through May 15, 1997. Vote: Ayes 5, Nays 0. ( #14) ORONO ICE ARENA, INC., PAYMENT OF SEWER/WATER CONNECTION CHARGES - RESOLUTION NO. 3846 Moorse noted that the Council had asked Staff to draft a resolution with findings for a • conceptual five -year plan in which the Orono Ice Arena, Inc. would make payment of the sewer and water connection charges. The findings include the organization being non- profit and serving the Orono youth. Kelley noted the organization does receive their pledges over a five year period as well. Flint asked if security would be shown to allow the payment as noted. Radio said the agreement covers such security. Peterson moved, Jabbour seconded, to adopt Resolution No. 3846 concerning the Orono Ice Arena, Inc. payment of sewer and water connection charges. Vote: Ayes 5, Nays 0. ( 915) NOISE ORDINANCE - ORDINANCE NO. 155, 2ND SERIES Moorse reported that some basic changes were made to the draft, and Staff recommends approval. Goetten indicated she had discussed the ordinance with Van Zomeren and is satisfied with the ordinance as drafted. Kelley said he is not in favor of the ordinance citing what he feels is unnecessary restrictions. Goetten noted the need to have language in the ordinance to answer • problems being raised. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 ( 915 - Noise Ordinance - Continued) 0 Goetten moved, Flint seconded, to adopt Noise Ordinance No. 155, 2nd Series. Vote: Ayes 3, Nays 2, Kelley, Peterson. Motion carried. ( #16) 1997/1998 POLICE OFFICER CONTRACT SETTLEMENT Moorse reported the police officers have ratified a proposed contract settlement for the years 1997 and 1998. The 1997 wages are at the same percentage of increase as the non- union employees. The 1998 wages will be an extension of the same increase for 1997. There will be no change in the insurance contribution for 1997. As the 1998 premium amounts are unknown, the City has agreed to pay 50% of the average premium increase to a maximum increase of $15 /month. Kelley questioned the vacation carryover. Moorse said all Staff are currently allowed to carry over up to 120 hours of vacation leave from year to year. The police officers have requested the ability to increase the amount they are able to carryover in the case of an approved extended vacation. Kelley suggested the City should consider the vacation carryover be used within six months. Kelley moved, Peterson seconded, to approve the 1997/1998 Police Officer Contract Settlement as set out and to authorize the Mayor and City Administrator to sign a contract reflecting the settlement package. Vote: Ayes 5, Nays 0. • ( #17) RECEIPT OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - 1995 FINANCIAL REPORT Moorse reported that the City has received, for the ninth year running, the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending December 31, 1995. A news release will follow. Jabbour asked Staff to publish the agenda for the Council meetings. Moorse asked Council to review and inform him of any additional items to add to the list of objectives relating to Highway 12 as put forth in the informational packet. Goetten would like to see where the State Aid Fund is distributed and what roads are in need of improvement. Jabbour asked Council to consider a donation to the Mound Fire Department for the purchase of an infra -red camera. The Council asked Staff to review what percentage the City makes up of the costs of the Mound Fire Department and contribute that portion. Staff will report back on that information. 14 • • r: MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 10, 1997 CITY ATTORNEY'S REPORT Tom Radio had no report. ( * #18) LICENSES Goetten moved, Kelley seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Cigarette License: Residential Kennel License: ( * #19) BILLS Don Scherven Navarre Bowling Lanes 3435 Shoreline Drive Jayne Paasch 2150 Kenwood Way Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Jabbour adjourned the meeting at 10:13 p.m. 15 riel Jabbour, Mayor