HomeMy WebLinkAbout06-23-1997 Council Minutes,r
ORONO CITY COUNCIL MEETING
MINUTES FOR JUNE 23,1997
. ROLL
The Council met on the above mentioned date with the following members present:
Mayor Gabriel Jabbour, Council Members J. Diann Goetten and Richard Flint. Barbara
Peterson and Charles Kelley were absent. Representing Staff were City Administrator
Ron Moorse, City Attorney Tom Barrett, Assistant Planning and Zoning Administrator
Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services
Director Greg Gappa, City Engineer Glenn Cook, City Finance Director Tom Kuehn, and
Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:02 p.m.
( #1) 7.00 P.M. AWARD SALE OF BONDS - RESOLUTION NO. 3924
Carolyn Drude of Ehlers Associates, bond consultant to the City, reported the tabulation
of the seven bids received prior to 11:00 a.m. on June 23, 1997 for the $1,760,000
General Obligation improvement Bond, Series 1997. The best bid was received from
Piper Jaffrey at a true interest rate of 4.9793% over 15 years. The Bond Buyer's index of
20 -year "A" -rated bonds on the national scale shows the rate is to be lowest interest rate
in the last 13 months.
Drude indicated the interest rates have been declining over the past several weeks and
said the favorable interest rate on the current bond issue is a reflection of the City's
• continuing excellent debt rating from Moodys Investors Services of Aal .
Drude presented a list of other Minnesota city and county governments with Moody's
debt ratings of Aal, or Aaa, and noted that the highest rating of Aaa is usually obtained
by cities larger than Orono. Mayor Jabbour indicated that Pat South of Moody's had
visited the City, meeting with himself, Councilman Kelley, the City Administrator, the
City Finance Director, and the Finance Department support personnel, and this visit aided
in maintaining the excellent bond rating for a community of our size. He noted it is
difficult to receive a higher rating. Drude agreed, though she did not believe it would be
impossible for the City to at some point obtain a Aaa rating. She recommended the City
continue to pursue the higher rating.
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Drude said Steve Rossow of Faegre Benson prepared the resolution. The resolution
awards the bid to Piper Jaffrey. The resolution indicates the official statement is accepted
for the sale of the bonds and directs the city's officers to sign the closing documents and
the bonds themselves. She noted that the resolution further states that the City will keep
the bonds tax exempt and that the bonds will be used only for public improvements.
Jabbour expressed appreciation to Drude and Ehlers for their assistance, and to Staff
regarding how efficiently the City is run financially, all of which has resulted in the
excellent rating received by the City. Jabbour asked that the Finance Director and his
staff to continue working with Moodys towards the increased bond rating.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1997
( #1 Award Sale of Bonds - Continued)
A correction was noted in the resolution to amend the time of the meeting from 7:30 p.m.
to 7:00 p.m.
Flint moved, Goetten seconded, to adopt Resolution No. 3924 awarding the sale of
bonds in the amount of $1,760,000 to finance the North Long Lake/Long Lake Country
Club, Bracketts Point, and Bay Ridge sewer projects, and the Orono Ice Arena sewer and
water project with correction regarding time of meeting, as noted. Vote: Ayes 3, Nays
0.
(42) CONSENT AGENDA
Items #8, 12, 14, 15, 19, 20, 25, 27, and 29 were added to the Consent Agenda.
Goetten moved, Flint seconded, to approve the Consent Agenda as amended. Vote:
Ayes 3, Nays 0.
APPROVAL OF MINUTES
( * #3) REGULAR MEETING OF JUNE 9,1997
Goetten moved, Flint seconded, to approve the Minutes of the Regular City Council •
Meeting of June 9, 1997. Vote: Ayes 3, Nays 0.
( *#4) EAST NEIGHBORHOOD MEETING CONCERNING HIGHWAY 12
DESIGN MEETING OF JUNE 9, 1997
Goetten moved, Flint seconded, to approve the Minutes of the East Neighborhood
Meeting Concerning. Highway 12 Design Meeting of June 9, 1997, Vote: Ayes 3, Nays
0.
PARK COMMISSION COMMENTS
James White thanked the Council for attending the Park Tour. He noted the activity on
the bike trails. White informed the Council that the Commission is working on
alternative sources of funding for parks and a tree preservation policy. Flint asked White
to convey to the Commission that the Council would tike to see the tree ordinance
proposal as soon as possible. Van Zomeren said the sub - committee met recently, and
David Beal has requested the item be on the July agenda of the Park Commission for
movement to the Planning Commission in July. Jabbour suggested similar studies be
conducted in the Planning Commission first in the future for review by the Park
Commission.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23,1997
• (Park Commission Comments - Continued)
Jabbour noted that as a result of the Park Tour, the City is beginning to stock pile dirt at
Crystal Bay to make needed improvements. White indicated that work has also begun at
Antoine Park as well.
PLANNING COMMISSION COMMENTS
No member of the Planning Commission was present.
PUBLIC COMMENTS
There were no public comments.
ZONING ADMINISTRATOR'S REPORT
( *#5) #2165 CITY OF ORONO, "4730" TONKAVIEW LANE - METES AND
BOUNDS SUBDIVISION - RESOLUTION NO. 3915
Goetten moved, Flint seconded, to adopt Resolution No. 3915 approving a subdivision of
the Saga Hill tax forfeit property. Vote: Ayes 3, Nays 0.
• ( #6) #2233 WALTER HOLZER,1130 NORTH SHORE DRIVE WEST -
VARIANCE - RESOLUTION NO. 3916
Van Zomeren reported that the applicant originally proposed a 1200 s.f accessory
structure which exceeded the limit of 1000 s.f The applicant agreed to reduce the
building size to 1000 s.f which is the limit for accessory structures in the LR -1B, one
acre, Zoning District. He originally planned on storing equipment for his plumbing
business within the building but has since made other arrangements for storage elsewhere.
The applicant has applied for a home occupation license.
The application requires a height variance. The principal residence is only 11.6' high.
The accessory structure is proposed at a maximum height of 30' which is the maximum
allowed under the ordinance.
Goetten asked what the reason was for the 30' height. Holzer said he originally planned
on storing his plumbing supplies in the building but wants the second story for his
collection of antique fishing lures. A 15'x8' storage area will house cabinets for the lures.
Holzer said the 12:12 pitch requires a 30' height for the high side walls. Goetten said she
is concerned with high accessory buildings in that zoning district. Holzer said the
building is a single story with the accessory storage of the cabinets located above.
• Flint said he has the same concern for that height of building in that zoning district.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1997
(#6 - #2233 Walter Holzer - Continued) •
Holzer said the building would be surrounded by dense woods and cleared room for the
building in the woods. He said it would not be in view. Holzer also indicated there is
another building of similar height nearby.
Jabbour indicated that the height variance is required due to the low height of the
principal structure. He noted that if the height of the principal structure was 30', which is
allowed in that zoning, no height variance would be required for the accessory structure.
Goetten indicated she had no problem with the accessory building but with the height of
the building.
Jabbour asked the applicant if he could lower the height of the structure.
Holzer said he would lose storage space and it would eliminate the high side walls. He
noted there is a 2' overhang to make the building look less high. He reported that his
collection includes over 6000 lures.
Jabbour said he would like to see a lower height but supports the Planning Commission
recommendation. He clarified that the use of the building for home occupation has not
been approved. Holzer said he understands that the issue is being reviewed. Holzer said
he will house his wood and metal shops on his property and house his business supplies •
elsewhere.
Goetten noted that the proposed height of the accessory structure is 2 -1/2 times the
height of the principal structure.
Holzer said he plans on adding onto the house in the future. He said the house is small,
and he is in need of storage.
Flint indicated that the applicant would be able to raise the height of the house without a
variance, and the height of the house results in this application being a peculiarity. Van
Zomeren said the applicant is allowed 2 -1/2 stories. She said the current footprint
conforms to the standards and would require a building permit only to raise the house.
During public comments, Maureen Bellows noted that the 12:12 pitch of the building
would present a less bulky look and have less of a visual impact than most accessory
structures of that size.
Goetten said she understood that but could not approve the height.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE A 1997
• ( #6 - #2233 Walter Holzer - Continued)
Flint said due to the peculiarity of the principal structure height resulting in the need for a
height variance, he would support the proposal. Goetten indicated that this could be said
of any variance application. Flint responded that the applicant could increase the size of
the home and, thereby, not need the variance for the accessory structure. Jabbour agreed
that a 3 -step process could be taken to result in the same as what is proposed. Holzer
noted that the cost would be a factor in that process. Jabbour said he did not feel the
intent of the ordinance is to prohibit an application of this type.
Flint moved, Jabbour seconded, to approve Resolution No. 3916 granting a height
variance to allow the accessory stmaure to increase the maximum height to 30' where
11'6" is required based on the existing residence. Vote: Ayes 2, Nays 1, Goetten.
( 0) #2244 JIM WATERS INVESTMENT GROUP, XXXX WILDHURST TRAIL
- SKETCH PLAN FOR SAGA HILL
Jim Waters presented a handout to Council containing the background information and
benefits of his proposed development.
Gaffron noted that the sketch plan review is normally performed only at the Planning
Commission level but due to the uniqueness of the application including a proposed
is rezoning, the sketch plan was brought to the Council for direction before formal
subdivision application.
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Gaffron reported that the sketch plan is for property north of the newly acquired Saga
Hill park property. Two subdivisions are being proposed, one of which is to the south of
the park property. The southerly subdivision includes the Sollner and Soskin properties.
The Planning Commission expressed their support of the proposal with a road and cul-
de -sac as presented in the sketch plan review in May.
The northerly subdivision, which is being presented tonight for sketch plan review,
includes the Van Sloun property, the Morgart property, and two lots owned by Sollner.
The Van Sloun property is in the two -acre zoning outside the MUSA boundary. The
western portion of the Morgart property is outside the MUSA in the two -acre zoning
while the eastern portion is in the one -acre LR -1B zoning district and is in the MUSA.
The Sollner property is also in the one -acre zone and inside the MUSA boundary. The
proposed subdivision would require rezoning and sewering of the properties as noted.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON TUNE 2.3, t99�i
07 - 42240 Jim Waters Sketch Plan - Continued) •
Gaffron indicated that the Planning Commission reviewed four concept plans. After
review of the first two plans in May, the Commission suggested the developer take a
clustering approach to housing, which subsequently resulted in two additional concept
plans. The Planning Commission generally supported sketch plan 3 with 17 lots
averaging one acre in size, which would require rezoning of the two -acre zone properties_
The topography of the two -acre zoning properties is not capable of supporting septic
systems, and Gaffron indicated Staff feels the property should be sewered in order to be
developed. The plan provides for open spaces and undisturbed areas as well as an
extension of Wildhurst Trail and potential future connection to West Branch Road.
The proposed plan would result in the need for change in the MUSA boundary, rezoning,
and amendment of the comprehensive plan. Sewer would probably have to come from
Wildhurst Trail. The applicant would ask for sewer only if the property would be
considered for rezoning.
Jabbour indicated that the applicant would be in a better position if he would make the
presentation to the full Council as a 415th majority vote is required for rezoning. Jabbour
said he did not feel it was appropriate for the Planning Commission to divert from the
City's MUSA policy. Jabbour said he does not favor changing the WT USA boundary,
rezoning, or making a precedent by allowing these changes in order to make full use of a
property. Jabbour indicated that his opinion is not necessarily in reference to this •
application but as a general rule of thumb. He said the City would receive many requests
for rezoning and sewering if such a precedent was set. He cited an example of property
annexed to another city in order to accomplish desires of an applicant. Jabbour said the
City should adhere to the present policy.
Jabbour indicated that the Council is planning a work session to discuss the future
including sewering but the critical mass needs to be considered. He noted that a
development by Lundgren Bros, was denied for higher density housing within the
sewered area. Gaffron noted that he had informed Waters of this occurrence when this
subdivision was initially proposed. Jabbour said he is concerned that the Planning
Commission would consider such policy changes when the other proposed subdivision
was denied on a property that did not include steep topography.
Goetten informed the applicant that the Council has spent a number of years reviewing
the issue of sewering noting the selection of ten hot spots which have received Met
Council approval. She indicated that concessions are sometimes required by Met Council
of the City when such applications are made and does not want to make any further
applications for sewering boundary changes at this time. Goetten said the focus is on
proceeding with the selected hot spots first. Goetten also noted that the number of lots
for this proposal is excessive for the location. She does not recommend lots under two
acres with the topography. Goetten said she is unaware of the opinions of the absent •
Council members.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 199'7
( #7 - #2240 Tim Waters Sketch Plan - Continued)
Flint voiced another concern. He said he has difficulty viewing this application as a PRD
without the Sollner and Soskin properties. He would like the entire area looked at as a
whole. Gaffron responded that the proposal did consider the whole area for the PRD.
Flint questioned what control there would be on the Sollner and Soskin properties and
what impacts would be felt on the entire area by the subdivision_
labbour asked Gaffron if Staff agreed or disagreed with Flint.
Gaffron said he agreed that the Park and Planning Commissions need to review the whole
area comprehensively. He indicated that the Park Commission has not seen the most
recent plan. They saw the plan for the Sollner property and the first draft of the northern
area. Gaffron said the Planning Commission reviewed the sketch plan for the southern
property but did not find it necessary to pass the sketch plan for that area on to the
Council. Gaffton said the Planning Commission felt the properties required sewering and
a PRD to achieve the open space amenities. Gaffron said the applicant could provide
reasoning for the plans and Staff sees the proposal as viable.
Jabbour asked Gaf -ron if Staff is satisfied with the southern plan in terms of number of
units and density. Gaf -ron indicated that the subdivisions could be considered together or
separately, and that the southerly plan would meet density requirements. He noted there
• are issues regarding density with the northern plan.
labbour asked if there is a mechanism by which to deal with the subdivision as a PRD.
Gaffron said there was as long as the property is sewered and Council found adequate
reasons. Jabbour asked if the PRD could occur without sewering. Gaffron said no.
Goetten asked about the status of the property being considered for a park. Waters said
he has an option on the two Sollner lots. Waters said he understands that the full Council
is not here and understands the reservations regarding the concepts. He asked to be able
to discuss briefly why the particular approach has been taken.
Waters noted when the City acquired the Saga Hill park property, all of the land that was
within the MUSA was considered prime property for development with the platted right -
of -way access to the site. With the creation of the park, Waters said the City desired to
gain access to the park and limit access through the park. He said that in effect landlocks
the two parcels within the MUSA, the Sollner lots, both zoned one acre and eligible for
sewering. Waters said some benefit could be achieved by providing access to the park
via Garden Lane to the Sollner property without making the park become a through
street.
Waters reviewed the sketch plans presented.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23,1997
( #7 - #2240 Tim Waters Sketch Plan - Continued) 9
Waters indicated that sketch plan 4 would require clearing of land which was adverse to
the desire of preserving open space and trees.
Sketch plan 3 preserves the topography according to Waters with large lots averaging
nearly one acre in size, with the flexibility in spacing of the homes on the lots. This plan
would allow for undisturbed zones and buffering for the park. Waters feels this plan
would provide a high quality development with minimum impact.
Waters does not feel that sewering is an issue in the right location. He feels the plan
addresses the public health issue noting mound septic systems are damaging to wooded
areas due to space needs. Waters said the plan would provide for 19 lots and a right -of-
way easement to West Branch Road eliminating the need for the long cul -de -sac on
Wiidhurst Trail.
Waters said the property could be developed regardless of the issue of rezoning noting
the one acre parcels are within the MUSA for sewering and the two acre parcels could
remain as such. He felt a better development than this could be gained. He indicated that
a change to the MUSA boundary would be modest and be an administrative change. He
believes the boundary is atypical at best, and a change would be similar to other
modifications to the boundary made in the past and in keeping with the current
neighborhood. •
Jabbour noted the applicant's sensitivity to the issue of preserving the park area but felt
there were more substantial issues with the application. He indicated that the park land
did not have to be bisected but could be. He said the main issue is with the sewering of
other properties within the City. Jabbour noted that other property owners are also
requesting sewer with similar reasons why their properties should be sewered. Jabbour
said he would not favor changing City policy to accommodate one applicant. It would be
a major change in how the City operates if the policy was driven by one application. He
cited the example of the length of time and discussions regarding sewering of the ice
arena which was supported by all agencies. Jabbour indicated it is an honorable goal to
change the MUSA in order to eliminate bisecting the park land but not if it involves
changing City policy. Jabbour asked for Staffs recommendation.
Gaon indicated that the City's policy is long standing. He noted that rezoning is rarely
considered. Gaffron said he believes in order to develop the property, it would require
severing or no development should occur. He noted that other similar requests could
occur from properties abutting the hot spots for sewering. He did note the uniqueness of
the property and design of the MUSA boundary at this location.
Goetten asked how the MUSA boundary was originally determined. Gaffron said it
followed the 1975 rezoning. •
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23,1997
• ( #7 - 42240 Tim Waters Sketch Plan - Continued)
Flint said he does not understand how the plan would solve the problem Staff expressed
regarding a connection to West Branch Road. Flint said there would still be no access.
Gaffron said a future potential expansion would be present. As proposed, there would
now be a7/8th mile long roadway from Wildhurst requiring a secondary outlet. Flint said
the road would be near CoRd 19 and West Branch Road. He could not approve a plan
increasing the amount of additional traffic to Wildhurst and the cul- de-sac that would be
caused by the development and changing the overall look of the area. Flint questioned
how a PRD could be approved without this problem of access solved. Gaffron indicated
that a possible consideration could be access to Highview. The applicant is providing for
future potential access expansion. Gaffron said he previously posed many of these same
questions to the applicant.
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Flint noting the configuration of the properties questioned the division of the Van Sloun
property with access through existing West Branch Road. Gaffi-on said that access was
intended to serve only one house on that property due to the number of other homes
located off of this potential private road. Flint also noted the DNR grant application
made on the Sollner property. )abbour indicated that this was a moot point.
Flint indicated the Morgart property could be accessed from Wildhurst Trail. These
examples according to Flint show that there are other options for development.
Gaffron said many discussions regarding access to these properties have been held over
the past year. He noted the high cost of providing access to the Sollner property from
the north.
Flint said this option would provide access without overriding the City ordinance and
eliminate impacts on the neighborhood.
Waters noted that another alternative would be to develop Garden Lane.
3abbour informed Waters that it would be the responsibility of the developer to make the
improvements to the roadway and maintain the road as a private road.
Gaffron noted that the Sollner property is in one acre zoning and the responsibility of the
developer to provide road development. He said Waters expects to subdivide the Sollner
Property
7abbour indicated that even if the Council would decide to change the sewer policy, they
would request maintaining the two -acre density. Waters asked if a proposal with
sewering of two-acre parcels is viable. 7abbour said he was not suggesting that.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1497
( #7 - #2240 Jim Waters Sketch Plan - Continued) •
Gaffron said sketch plan 2 presents a scenario with the two -acre zoning Morgart and Van
Sloun properties. He said there is a problem with septic, however, in that there is no
location for septic sites due to steep slopes on some lots.
While noting the review is an informal discussion only, Jabbour acknowledged the
interested parties in the audience and asked for public comment.
Jun Stephenson, who resides on West Branch Road, said the property should not be
developed into 19 homes considering the density and grade of the area.
Sandy Rasmussen said she appreciated the Council's comments. She asked the Council
to restate their vision for the City, suspecting accountability and health of the community
were factors. While noting the plan's effect on the economic health of the community,
Rasmussen felt there were other issues that bind the community together citing protection
of the environment and open space. She noted that Forest Bay and Saga Hill are big
assets and are examples of what the City is all about as well as examples of its vision.
She indicated the community can be brought together not only by these issues but by
threats to sensitive environmental areas and pollution to endangered lakes.
Rasmussen said a variance to the MUSA boundary would have a high impact on the
community. She indicated the City was not only fortunate to acquire the park but •
recognized the large grass roots effort by the community in that acquisition. She said she
hoped the developer understood this. She said she would be interested in hearing what
the vision and mission is of the City_
Jabbour said the vision and mission of the City is summarized in the Comprehensive Plan
and invited her and others to read it. He noted that page one recognizes the need to
preserve the natural resources. He noted that the rights of individuals must also be
upheld by the majority. Jabbour said the developer should be allowed to develop the
property within the current ordinances. He indicated that the City does not normally
grant variances to subdivisions.
John Hasselbalch, the listing real estate agent far the property, said the environmental
concerns are addressed by sketch plan 3. He indicated the current plan would bisect the
park. Hasselbach said development of the area adjacent to the park will result in trees
being removed if septic was allowed. This plan, Hasselbach said, eliminates the need to
bisect the 6 -7 acres of wooded open space and eliminates tree removal.
Go
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1 "'1
. 07 - #2240 Jim Waters Sketch Plan - Continued)
Kathryn Kasprick commented on developing the area to gain access to the park. She said
she understood Jabbour's comments regarding development but noted the economic costs
to the City of the development aside from sewering, citing maintenance and fire
protection. With the rationale of determining how the property is to be developed,
Kasprick questions the economical feasibility. She asked that the Council continue to
show sensitivity to the issues.
Jim Waters thanked the Council and indicated he would take their comments under
consideration.
(The meeting was recessed from $:24 to 8:33 p.m.)
( * #s) #2242 WAYNE A. JOHNSON, 1225 LAKEVIEW AVENUE - VARIANCE -
RESOLUTION NO. 3917
Goetten moved, Flint seconded, to approve Resolution No. 3917 that grants a front yard
variance of 15.94. Vote: Ayes 3, flays u.
(0) #2243 JOHN D. BLACK, 4030 DAHL ROAD - VARIANCE - RESOLUTION
NO. 3918
• Van Zomeren reported that the application is for replacement of an existing deck with the
addition of a 12'x18' room with a screened porch underneath. The proposal requires
variances to average lakeshore setback, Lakeshore setback, and hardcover. The Planning
Commission supported the lakeshore and average lakeshore variances but requested the
hardcover be capped at 3.9% or 555.5 sT as existing in the 0 -75' setback. The applicant
is in agreement with maintaining this level of hardcover.
Van Zomeren noted that the resolution contains a typographical error and will be
corrected. The error relates to the 12`xi 8' room size.
Goetten asked to review the plat and clarify the locations of the additional structure. Van
Zomeren reviewed the survey and indicated that the topography makes the lot look like
the structure is further back from the lakeshore than what it is.
Goetten reiterated that the Planning Commission recommendation includes that no
additional hardcover is allowed in the 0-75" from what exists.
Black noted that the improvements could not be viewed from the neighboring properties.
.Black indicated he is satisfied with the resolution as presented.
Goetten moved, Flint seconded, to approve Resolution No. 3918 with no increase in
•
hardcover in the 0-75' setback. Vote: Ayes 3, Nays U.
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MINUTES OF THE REGULAR ORONO MY COUNCIL
MEETING HELD ON JUNE 23, I "7
(#10) #2247 WAYNE HOLMES,1390 PARK DRIVE - VARIANCE - •
RESOLUTION NO. 3919
Gaffron reported that the application is a request for side setback and side street yard
setback variances for construction of a detached accessory storage building. The building
as initially proposed would be located 2.5' from the unimproved dedicated right -of -way
known as .Forest Avenue. The right -of -way is wooded and low land. It is a potential
access for Highwood Park. Stall' and Planning Commission agreed that the 2.5' setback
was lladequaie.
Gaffron said the applicant has agreed to maintain a l0' setback by angling the building
and removing 2' from one side. This would allow the large oak tree to be saved but
might result in the loss of lilac bushes. Gaffron said the 10' setback is typical of normal
setbacks. There is a 15' setback requirement for buildings of this size, but he feels a 5'
variance is appropriate in order not to impact the tree. Additional grading or retaining
wail would be required to eliminate any impact. The applicant has proposed building a
retaining wall. Gaffron said the Planning Commission and Staff recommend approval of
the amended plan.
Goetten asked how far the building would be from the oak tree. Mrs. Holmes said they
have reduced the building by 2' to increase the separation. Gaffron indicated that the tree
would be 10 -12' from the building_
Jabbour asked if there was any reason to maintain the 60' right -of -way. Gafiron said •
there are no plans to improve the road, but it could be a potential park access in the
fixture.
Goetten asked that the applicants be considerate of the tree. Mr. Holmes said they will
work around the root system. Mrs. Holmes noted that the building is a pole barn and
would be constructed on a floating slab. This should eliminate any problem for the oak
tree.
The applicant voiced satisfaction with the resolution as presented.
Flint moved, Goetten seconded, to adopt Resolution No. 3919. Vote: Ayes 3, Nays 0.
( #11) #2248 DAVID AND JODI RAHN,1385 REST POINT ROAD - VARIANCE
Mr. Rahn was present.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1997
. 011 - #2248 David and Jodi Rahn - Continued)
Van Zomeren reported that the .3 acre property is located in the LR 1B Zoning District.
The proposal is to add structure to an existing cabin located within the 0-75' setback.
The second story would require a variance to the side yard setback which exists and is
proposed at 5.3' and 10' is required. Lakeshore setback variance is required. Average
lakeshore setback is not an issue as the structure is located behind that line. A
conditional use permit is required for land alteration in the 0-75' setback. Van Zomeren
reviewed the topography of the property. The 93T elevation line "wanders" on the
property. The existing structure is located at the high point of the property. The flood
plain is located behind the structure requiring a CUP for any alteration.
The proposal is to square off the structure which encroaches the 0 -75' setback. The
hardcover in that setback would increase from 91/6 to 191/6. Van Zomeren indicated the
Planning Commission recommended approval of the side setback and hardcover variances
noting that improvements are limited to an area behind the existing lakeside setback and
an additional half -story. They also recommended approval of the CUP for land
alteration.
Goetten asked the applicant if he had considered moving the addition to the rear of the
structure in order to get out of the 0 -75' setback.
. Rahn said he met with the Watershed District. He said his design was an attempt to gain
a favorable response from the Council. He indicated that moving the structure back
would result in building in the 931.5' elevation which is the flood plain. The plan as
presented would not require mitigation of the flood plain as the additions would be built
on posts. Rahn said the plan is an attempt to restore the existing structure. He thought
the Council would be less receptive to a plan involving alteration of the flood plain.
Goetten said her concern is with doubling the hardcover in the 0 -75' setback with any
new construction if there are other alternatives to consider.
Rahn indicated that only one -third of the new hardcover is livable space; the remainder is
decking. He said he tried to keep the structure compact and only squared the structure
off. The screen porch and decking is only 8' wide.
Goetten asked if Rahn discussed adding to the rear of the structure with the Watershed.
Rahn said he did. He met with Jim Hafner of the Watershed District. He said this
recommendation is possible but would occur in the lower area of the lot and require
major alteration of the flood plain. Rahn said the home is located similarly on the lot with
other homes in the neighborhood and is the only unimproved site.
13
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEET-ING HELD ON JUNE 23,1997
( #11 - #2248 David and Jodi Rahn - Continued)
Jabbour asked about mitigation of the flood plain. Rahn said he would have to dig out
the soils and switch with the soils where the cabin currently sits. Jabbour said he was
concerned with setting a precedent of allowing structure in front of the 75' setback. Rahn
reported that Lot 22 was granted 29% hardcover in the 0 -75' setback in 1983. He also
indicated that the adjacent property owner had sold a pie - shaped portion of property to
the owner of his lot in 1962 in order to make the lot buildable. The home on lot 22 is
located on the hill at the back of the lot. Rahn also noted there is City sewer to the
current structure location. Jabbour noted the structure is sitting between two vital zones,
the 0-75' setback and the flood plain.
Goetten said she could not support the application that adds to structure in the 0 -75'
setback. She would only consider replacement. Goetten informed Rahn that there are
homes that simply cannot be added onto. She suggested Rahn add structure to the rear
but understood he said he could not mitigate. Icahn responded that mitigation could take
place but would require extensive engineering of the design. He suggested altering or
eliminating the decks. Goetten said the lot is only 113 acre in the one acre zoning and
Rahn is asking for too much structure proposed in the 0 -75' setback.
Jabbour suggested Rahn add the structure upward.
is
Van Zomeren noted that all buildable lots are allowed a 1500 s.f. footprint. She asked if •
the Council would prefer the applicant move the structure back into the flood plain. Van
Zomeren asked for Council direction on these matters.
Jabbour questioned whether the plan is sensitive to the watershed and the flood plain. He
noted the floor plan is proposed at 1320 s.f. Goetten and Jabbour both acknowledged
the 1500 s.f allowed but noted that the amount is allowed outside of the 0 -75' setback.
Goetten expressed surprised that the Planning Commission recommended approval. She
said more thought should have been given to the plan.
Rahn addressed the idea of two stories. He indicated the present plan is for a 1 -1/2 story
structure. While the rear of the structure is 30', the side is only 15' and would create the
look of what he called a "double- decker bus" if he utilized a two -story plan. He indicated
that the neighbors supported the proposed plan and the neighbor to the rear was
concerned with obstruction of lake views.
Rahn suggested considering the open land owned by the adjacent neighbor as making up
for the additional hardcover. Jabbour informed him that this option was not possible.
Goetten suggested the applicant speak with Staff regarding other options.
0
14
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 33, 1997
• ( #11 - #2248 David and Jodi Rahn - Continued)
Rahn said the only other option is to place the structure in the middle of the flood plain
which would require mitigation. He reiterated that no mitigation would be required in
squaring off the structure.
Jabbour asked the Council for their opinion.
Goetten said she would not approve additional hardcover in the 0 -75' setback.
Jabbour noted the applicant had suggested elimination of the decks which would decrease
the hardcover from 1320 s.f. to 1018 s.f. !Zahn said he has sold his other home and his
family plans on living here year around. He also indicated that :ie will be planning on
adding a garage in the future.
Jabbour and Goetten both informed Rahn that structure in the flood plain is less of an
issue than structure in the 0-75' setback. Rahn said his dream is to restore the cabin and
suggested eliminating the deck and maintaining the screen porch as planned. Goetten
was informed that the 8`x12' is to be located on the north side of the structure. Jabbour
said there is 60 s.f. of existing deck and 252 s.f. total of decking. Eliminating this
decking and maintain ng the screen porch would result in 10610 s.f. of structure. The
structure would be increased from 540 s.f. to 840 s.f with a 132 s.f porch.
• Jabbour indicated that he is only considering this option because the structure is minimal
in size noting 1500 s.f: is normally allowed. The option would also maintain the structure
out of the flood plain and would be serviced with sewer. Jabbour said this situation
creates a true hardship.
Jabbour moved to approve Application 92248 based on the hardships and reasoning as
stated with the removal of decks as proposed by the applicant in order to facilitate the
application.
The motion failed due to lack of a second.
Goetten said she could not vote in favor of the motion and noted that the application
could be heard in front of a full Council.
Rahn indicated that the guidelines have not changed since 1983 when the adjacent
property was permitted 29" /o hardcover. Jabbour said he recognized the City made a
mistake at that time. Rahn indicated that time is of the essence in providing a home for
his family.
Goetten said she would be willing to table the application to the meeting of July 14.
0 Goetten moved, Flint seconded, to table Application #2248. Vote: Ayes 3, Nays 0.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 231, 1957
(#11 - #2248 David and Jodi Rahn - Continued) •
Flint asked what Rahn would do if the structure was moved back on the lot. Rahn noted,
if the site was visited, the Council would recognize that the cabin is built on the 3' knoll.
To move the structure behind the 75' setback would cause unbelievable land alteration
according to Rahn and would be a'nightmare ". Rahn questioned why bulldozing of the
land from high point to low point and mitigation should occur when there is no need to
do so as it currently stands. A CUP would be required to dig out the high area and move
it back on the lot. He noted that the 0 -75' setback would be dug out in order to mitigate.
Van Zomeren agreed.
Flint noted the historical improvement of properties little by little, Rahn indicated that
the application is a case of hardship and would be made clear if the site was viewed. He
said he might be able to engineer a plan to maximize the lot but did not want to do so in
the flood plain.
Jabbour noted that movement of the structure into the flood plain might also encourage
drainage to run toward the lake instead of away from it. Jabbour said he agrees with
Goetten regarding keeping structure out of the 0 -75' setback, this property is a special
case that would require digging up of the 0 -75' setback and a conditional use permit.
Flint and Goetten indicated that they would visit the property prior to the review of July
14. is
Van Zomeren asked if the plan should come back before the Council as it currently
stands. Goetten said yes and including detailed minutes from this meeting.
(*#12) #2249 U.S. MARSHAL, 2245 FRENCH LAKE ROAD - VARIANCE -
RESOLU"T ION fit). 3920
Goetten moved, Flint seconded, to adopt Resolution No. 3920 granting a variance for
septic system lakeshore setback for 2245 French Lake Road. Vote: Ayes 3, Nays 0.
( #13) #2258 MAUREEN BELLOWS FOR ELLEN AND STEVE POLANSKY,
1900 FOX RIDGE ROAD - VARIANCE - RESOLUTION NO. 3921
Van Zomeren reported that the application is for a rear yard variance for construction of
a third stall to an existing attached two car garage and 5' to an existing porch. The 1.32
acre lot is located in the RR -1B two -acre Zoning District. Van Zomeren indicated the
current garage location and unusual topography of the property. The addition will not be
visible from any neighboring properties. The Planning Commission recommended
approval of the rear yard variance for 35' and Sts setbacks where 5V is required.
0
16
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1997
• ( #13 - #2250 Bellows!Polanskv - Continued)
Bellows clarified the locations of the existing and proposed additions. She indicated that
the porch requires rebuilding. Numerous leaks are present and the insurance agent
suggested rebuilding the porch. Bellows said the survey noted the porch located within
the rear yard which had not been disclosed to the Polansky's at time of purchase. They
were also surprised to find out that their lot is substandard.
Bellows said she was satisfied with the resolution as presented.
Jabbour moved, Goetten seconded, to approve Resolution No. 3921. Vote: Ayes 3,
Nays 0.
MA'YORICOUNCIL REPORT
Jabbour indicated he would be attending the upcoming LMCD meeting. He said he plans
on asking the LMCD to recodify their ordinance and refocus their attention to the task of
protecting the lake environment through efforts toward public safety and education.
Goetten asked that a correction be made to the minutes of the February 1997 Council
meeting regarding the vote of the Orono Lane and County Road 15 Intersection
Improvements. The vote was noted as "Ayes 5, Nays 0" and should reflect Goetten's nay
. vote on the issue (Ayes 4, ways 1, Cr'oetteri).
10
Jabbour moved, Goetten seconded, to approve reconsideration of the motion approving
the Minutes of the Council Meeting of kebruary W, 1997. Vote: Ayes 3, ways 0.
The nvnutes were revised in relation to the error as noted above regarding Goetten's vote
for denial of said improvements.
Jabbour moved, Flint seconded, to approve the Minutes of the February 10, 1997 Council
Meeting as amended. Vote: Ayes 3, Nays 0.
Flint voiced concern with the amount of n lfoil that has grown this year in Long Lake.
Small traces of milfbil were successfully treated several years ago. The increase in clarity
of Long Lake has resulted in this new growth of milfoil. Flint had detected the milfoil
while on the Park Tour. Gappa noted that the north shoreline is thick with n oil_ Flint
said he has asked Moorse and the DNR to look into the issue. He suggested the lake be
treated when the lake accesses on Lake Minnetonka are scheduled for treatment.
Moorse said he did not know what solutions are possible at this time.
17
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING G HELD ON JUNE 23, 1997
(Manor. /Council Report - Continued) •
Jabbour said he spoke with the DNR representatives regarding proper notification of
adjacent property owners when chemical treatment is undertaken. He cited past
problems with lack of notification. Jabbour said the DNR said the Department of
Agriculture was responsible for notification. Jabbour said he would talk with the DNS
again and the DNR should be calling Moorse regarding the issue. He said notification
should occur one week prior to any treatment of the lake.
Flint said excellent notification was given and posted when Long Lake was last treated.
ENGINEER REPORT
( * #14) NO PARKING - FAGERNESS POINT ROAD - RESOLUTION NO. 3922
Goetten moved, Flint seconded, to approve Resolution No. 3922 prohibiting parking of
vehicles with trailers on streets in the Fagerness Point neighborhood. Vote: Ayes 3,
Nays 0.
( * #15) AWARD BIDS FOR BRACKETTS POINT AND BAY RIDGE SEWER
Il"ROVEMENT - RESOLUTION NO. 3923
Goetten moved, Flint seconded, to approve Resolution No. 3923 awarding the contract .
for the Bay Ridge /Bracketts Point Sanitary Sewer project to Barbarossa & Sons, Inc., in
the amount of $523,740.00 contingent upon receipt of signed Petitions for Local
improvements from all the property owners in the project area. Vote: Ayes 3, ways 0.
( #16) AWARD BID FOR OLD CRYSTAL BAY ROAD BIKE TRAIL - NORTH
SEGMENT
Gappa reported that several issues have arisen. He indicated that Expert Asphalt had not
acknowledged the two addendums on the project which changed the tonnage from 170 to
200. Their low bid was $54,324. Buffalo Bituminous, the #2 bidder, had acknowledged
the addendums. Gappa said the lack of acknowledgment was felt to be a matter of minor
irregularity only and proceeded with the bidding process. Buffalo Bituminous has voiced
their disagreement with contracting the bid to Expert Asphalt.
Gappa indicated that this information was submitted to City Attorney Barrett prior to the
meeting for his review. He noted there were three options at this time: 1) delay decision
to July 14 meeting; 2) reject all bids and re -bid the project; or 3) award the contract.
0
18
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE L3, 1957
• 016 Old Crystal Bay Road Bike Trail Bid Award - Continued)
Flint said he questioned whether proceeding with the project would waste City money.
He indicated that projected school construction may damage any work done at this time.
He suggested waiting on the school project. Flint said there would be contractors
available in the area at that time that. could provide cost estimates to complete the
project. He said he was not in favor of having to redo the project at a later time.
Jabbour said Flint is most knowledgeable on the bike trail.
Moorse said the plans were submitted to the school's architect. He said the school's
project should not affect this project except through the point of entry which could be
repaired.
Goetten was informed that the school referendum, which would dictate the future of any
projects for the school, should occur this fall.
Flint said the project could then be completed in conjunction with Hennepin Parks
completing their portion of the trail. Moorse indicated that Hennepin Parks has agreed to
complete the trail from CoRd 6 to Baker Park. Jabbour said he was willing to meet with
the Hennepin Parks Superintendent regarding the trail and any problems with securing the
grant funds. Flint said he thought a one -year extension was possible for the grant.
• Jabbour questioned whether the project should be completed. Flint said the project is
substantially completed now. He said he was inclined not to spend the money on
completing the project until the school project is done. Goetten agreed as long as the
wait does not impact the agreement with Hennepin Parks. Jabbour indicated that the
project could be completed in conjunction with Hennepin Parks.
Cook informed Moorse that there were four bids received. He indicated the bids were
competitive. Moorse said when Hennepin Parks is completing their project, there would
be a bidder available at that time. Jabbour agreed with waiting on the project.
Jabbour moved, Goetten seconded, to reject all bids and table the issue. Vote: Ayes 3,
Nays 0.
( #17) PAY REQUEST #1- OLD CRYSTAL BAY ROAD BIKE TRAIL
Flint moved, Jabbour seconded, to approve Request for Payment #1, Old Crystal Bay
Road Trail Project to Buffalo Bituminous in the amount of $40,764.50. Vote: Ayes 3,
Nays 0.
19
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1997
(018) CH.e►N E ORDER #1 - NORTH LONG LA;/LONG LAKE COUNTRY •
CLUB SEWER PROJECT
Gappa reported that the cost includes removal and replacement of trees and extra
manholes.
Goetten indicated concern over the high cost and expense of planting sugar maples.
Gappa said the cost includes extending storm sewer to the lake. Additional manholes are
being required to avow tree removal to only occur on one side of the sewer fine. The
sewer also has to be run up a driveway and through a yard to serve two other properties
adding another manhole. The cost fine -tunes the easement acquisition and allows for
minimizing the tree removal. Home owners have questioned the impact on the trees in
the area. The trees are being replaced with smaller trees. Gappa said the home owners
are being made aware of the benefits provided beyond their own properties.
Flint indicated that the trees have been devastated in this area and appreciated the
negotiations being amicably resolved. He noted that 4" trees are replacing the 18"
diameter trees that were lost. Flint said he supported the change order but felt the cost
was high. Cook informed Flint that replacement with 3" trees would only save about
$100 per tree.
Cook informed Goetten that the tree replacement will occur in the fall around October. •
Tom Kellogg noted that the cost of similar trees were $100 more per tree for the
bracketts Point project.
Flint moved, Goetten seconded, to approve Change Order No. 1, North Long Lake/Long
Lake Country Club Sanitary Sewer project, in the amount of $12,420. Vote: Ayes 3,
Nays 0.
( * #19) CHANGE ORDER #2 - NORTH LONG LAKE/LONG LAKE COUNTRY
CLUBB SEWER PROJEECT
Goetten moved, Flint seconded, to approve Change Order No. 2, North Long Lake/Long
Lake Country Club Sanitary Sewer project, in the amount of $1,690. Vote: Ayes 3,
Nays 0.
( * #20) CHANGE ORDER #3 - NORTH LONG LAKE/LONG LAKE COUNTRY
CLUB SEWER PROJECT
Goetten moved. Flint seconded, to approve Change Order No. 3, North Long Lake./Long
Lake Country Club Sanitary Sewer project, in the amount of a $737.00 deduction. Vote:
Ayes 3, Nays 0.
i
L
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEL i°1 N G H ELD ON J tj N E 23, 1997
(#21) CHANGE ORDER #4 - NORTH LONG LAX-EI :ONG L IK COUNTRY
CLUB SEWER PROJECT
Gappa reported that the change order is for the completion of the drainage improvements
at the County Road 19/Tonkaview intersection. He noted that the easement has been
acquired and the improvements will be completed under the existing contract with unit
pricing instead of going ti�rough the bidding process, in order to save time and expense.
He noted the urgency of completing the project to eliminate further drainage damage.
Jabbour asked for City Attorney's input regarding including options in our bid process for
increasing or decreasing the cost. He is concerned with accepting prices, then doubling
the value of the contract through change orders. Gappa said a contract cost can go up or
down by a maximum ot'25% according to the contract requirements. Jabbour asked that
this information be included in the cover letter of the specifications. Cook noted that
State Statutes regulate that the cost cannot exceed 25 %.
Jabbour moved, Goetten seconded, to approve Change Order No. 4, North Long
Lake/Long Lake Country Club Sanitary Sewer project, in the amount of $31,450. Vote:
Ayes 3, Nays 0.
('x#22) CHANGE ORDER #2 - OLD CRYSTAL BAY ROAD BIKE TRAIL -
OTTEN DRIVEWAY
• Goetten moved, Flint seconded, to approve Change Order No. 2, Old Crystal Bay Road
Bike `frail Project, in the amount of $8,797.50. Vote: Ayes 3, Nays 0.
11
Jabbour asked that the work not be completed until Staff has spoken with Otten and the
solution will remedy the problem. Cappa said he would do so. Gappa said he felt the
solution would work and will ensure that this has occurred before any paving is done.
Gappa said Otten favored the proposed action.
Flint was informed that the Otten change order work will not be paid from Park
Dedication.
CITY ADMINISTRATOR'S REPORT
( 423) LONG LAKE FIRE DEPARTMENT VEHICLE PURCHASE PROPOSAL
In response to Council Member Kelley's report on the Long Lake Fire Commission
meeting, Moorse presented a proposal for replacement of two fire vehicles totaling
$100,004.
't,
MINUTES OF THE REGULAR ORONO CITY COUNCIL
IVIL 1INU t>1N: uo VIN JUNE E lS, Ivy -/
023 Lons Lake Fire Dent. Vehicle Purchase Prouosal - Continued) .
Moorse indicated that one vehicle would be a used Suburban that would be outfitted for
light rescue for medical rescues. The current vehicle is not ideal for this usage. He noted
that the area is served by North Memorial Ambulance Service but their response time is
not ideal. The vehicle replacement is the number one priority ot"the airs Department this
year. Moorse said the proposal appears to be a good concept. It would allow the older,
and heavier, vehicle to be used for heavy rescues and extend the life of that vehicle.
Moorse said the proposal for the pick -up vehicle is less clear at this time. He suggested
waiting to approve this vehicle purchase until more information is provided.
Jabbour asked about the ownership of the vehicles. Moorse said vehicles purchased after
1993 are owned by the cities in direct proportion to their share of the cost.
Staff recommended approval of the Suburban and waiting on approving the second
vehicle until further information is received. Jabbour asked that the Long Lake Fire
Department understand that the delay in approving the second vehicle is only due to lack
of tali information.
Goetten moved, Flint seconded, to approve the Long Lake Fire Department's proposal to
purchase and equip a Suburban to serve as a light rescue vehicle at an estimated cost of-
$45,900, and approving the City's share of the cost at $32,240. The motion includes
approving the $32,240 cost to be funded from the Fire Vehicle Replacement Fund, and to
amend the 1997 budget to reflect this expenditure. Vote: Ayes 3, Nays 0.
( #24) LEASE RATES FOR WATER TOWER
Jabbour said he supported the proposed lease rates.
Goetten asked how it would work. Moorse said he is working on how many users can be
accommodated on the water towers. It may be possible that more than three vendors can
be accommodated depending on their location on the tower.
Jabbour asked if there would be different pricing depending on location. Moorse said this
possibility was suggested to the consultant. The consultant said that he did not
recommend different pricing levels based on location, as the constraints related to the
antennas was determined by the number of channels and frequency and not the location
on the tower. Moorse, however, thought it would be worth reviewing as providing an
incentive to providers.
Moorse informed Goetten that a document would be provided for each set of antennas
for three vendors.
Jabbour thanked Moorse for the excellent job in researching this issue. •
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON .T'UNL 23, 1997
( #24 Lease Rates for Water Towers - Continued)
Cook asked Moorse to include the paint color in the contracts that would blend in with
the tower color. Moorse said he would work with Bonestroo regarding the draft of the
agreement. Gappa suggested a letter of credit be included as well.
Jabbour was informed by Moorse that the vendors would likely need access to the
property. Moorse said the vendors will be informed of the after -hour contact and would
have to pay the cost for providing after -hour access if necessary.
Discussion was had regarding providing emergency electricity. Gappa indicated that the
generator would be used for operation of the lift stations.
Jabbour moved, Goetten seconded, to approve the lease rate of $14,500 per year for PCS
and ESMR antennas located on the City's water towers. Vote: Ayes 3, Nays 0.
( * #25) CURBSIDE RECYCLING CONTRACT EXTENSION FOR 1998 -2000
Goetten moved, Flint seconded. to approve the extension of the curbside recycling-
pickup contract with E -Z Recycling for 1998 through 2000 at a cost of $2.04 per
household per month with the added revenue sharing and market downturn language, and
to authorize the Mayor and City CIerk to sign the contract extension agreement. Vote:
• Ayes 3, Nays U.
( #26) APPOINTMENTS TO THE HIGHWAY 12 DESIGN NEIGHBORHOOD
COMMI LEES
Moorse reported that the list of possible committee members was made up of those who
voiced interest in participating. Four letters were received confirming that interest.
Jabbour asked to add Clint Miller to the list of West Neighborhood Committee members.
Goetten asked to include hail Bollis to the list. Jabbour agreed with that addition.
Gail Bollis was suggested to chair the West Neighborhood Committee.
Lili McMillan was added to the East Neighborhood Committee list.
Flint suggested adding Karen Anderson to the list_ Flint will speak with Anderson
regarding her nomination.
Jabbour suggested Clark Jenney and Lili McMillan co -chair the East Neighborhood
Committee.
Goetten moved, Flint seconded, to appoint the following members to the two
• neighborhood committees: Vote: Ayes 3, Nays 0.
23
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23,1997
( #26 ifig?way 12 Design Committee Appointments - Continued)
West Neighborhood Committ ee
Gail Bollis - Chair
Roger Dumas
Brian Fulmer
Bob Sansevere
Jeffrey Martin
Donna C rotteauiBetty Bruning (these two women will split their duties)
Clint Miller
East Neighborhood Committee
Lili McMillan - Co Chair
Clark Jenney - Co Chair
James Palmer
Julie Palmer
Karen Anderson
(R #27) AUTHORIZATION TO P"HATE AN INTERNAL PROMOTION
PROCESS FOR A SERGEANT POSITION
Goetten moved, Flint seconded, to approve the creation of a sergeant classification in the
Police Department with a base pay rate of $22.13/hour and a 3- 5 -7 -9% longevity pay
schedule. The motion authorizes an internal promotional process to appoint a sergeant.
Vote: Ayes 3, Nays 0.
( #28) LOCAL PERFORMANCE AID CERTIFICATION
Flint asked Moorse if he felt the participation in the program was worth the cost.
Moorse said he did, and this opinion was further substantiated by information recently
received. The League of Cities is currently developing general performance standards for
use and other cities are also working towards that goal.
Flint moved, Goetten seconded, to authorize the Mayor and one Council Member to sign
the LPA certification. Vote: Ayes 3, Nays 0.
(x #29) GARY CHESWICK SALARY STEP INCREASE
Goetten moved, Flint seconded, to approve a salary step increase for Gary Cheswick to
step 3 of the Police Chief salary range, which is $59,883, effective June 16, 1997. Vote:
Ayes 3, Nays 0.
Goetten asked that appreciation be extended to Cheswick for his excellent performance. •
LT
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 23, 1997
• (00) SCHEDULE RECOGNITION FOR BRUCE AND RUTH DAYTON
Jabbour asked Moorse to determine a date that is satisfactory with the Dayton and to
poll the Council members regarding a Council meeting where all members will be in
attendance. The recognition will take place prior to the scheduled Council meeting.
( #31) TELECOMMUNICATIONS UPDATE
Worse indicated that the information is an update regarding telecommunication. He
noted that Staff is working on a lease agreement. The draft agreement has been reviewed
by the City Attorney and is being reworked. When that is complete, it will be provided to
the vendors for review and the agreement will be finalized.
CITY ATTORNEY'S REPORT
( #32) REQUEST FOR EXECUTIVE SESSION
City Attorney Barrett requested adjournment to an Executive Session for discussion of an
assessment appeal and easement acquisition for the North Long Lake Sanitary Sewer
Yro1ect.
Troy Anderson, 1490 Long Lake Boulevard, said he attended the meeting in good faith
• to attempt to negotiate an easement. He said he feeis he has been unfairly treated by the
City Attorney in the handling of this matter and formally objects to an Executive Session.
Jabbour informed Anderson that the State Legislature dictates how the matter is to be
handled but offered to discuss the issue with Anderson if he so desired.
Anderson said he was comfortable in discussing the issue with the City Attorney to work
out a solution but felt the City Attorney was unwilling to do so in a reasonable manner.
Jabbour said the City would act fairly regarding the issue. He informed Anderson that if
he desired to propose a settlement, he had the right to do so. Jabbour said the City must
abide by the rules and regulations and listen to advice from the City Attorney on legal
matters. He indicated that the City does not want to hold back the project. Jabbour said
he thought the issue of entry had been resolved.
Anderson said he has not seen any document regarding the matter. Jabbour said he
would not see it until the City Attorney has reviewed it with Council. Jabbour informed
Anderson that he must either speak with the Council or allow the discussions to occur
Between the City Attorney and Anderson's Attorney.
Anderson indicated that he did not receive any response from the City Administrator to
• his letter of May 5, 1997.
25
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEET ING HELD ON 3uNE 23, 1997
11#32 Re,quest for Executive, Session - Continued)
Flint reported the reason for the Executive Session. He noted that Anderson has the right
of attorney /client privilege when speaking with his own attorney, and the Council has the
same right v6th their attorney. The Executive Session is that process for the Council.
This process is also used in preparation of matters of litigation. Flint said this is the only
procedure in which the Council is able to obtain an objective opinion and strongly
favored doing so at this tune. Flint said while he has no objection to working out a
settlement with Anderson, he would like to hear the City Attorney's opinion on the
matter.
Goetten asked for clarification on the problem. Jabbour said he wanted Anderson to
understand the rules and regulations guiding the procedure.
Anderson said he was attempting to make a positive step toward settlement on his part.
The meeting was adjourned to Executive Session.
ow) LICENSES
Goetten moved, Flint seconded, to approve the following licenses: Vote: Ayes 3, Nays
0.
One Day On -Sale Liquor License Annual "Smith Days" at
Minnetonka Center for the Arts
2240 North Shore Drive
September 6, 1997
Special Event Permit Parade of Homes
Charles Cudd Co. at
2805 Somerset Lane
September 6-21, 1997
Monday- Friday, 3:00 -8:00 p.m.
Saturday & Sunday, Noon -6:00 p.m.
Corn Days Foot Race
August 10, 1997
11:15 a.m.-Noon
(* #34) BILLS
Goetten moved, Flint seconded, to approve payment of the All Funds Account. Vote:
Ayes 3, Nays 0.
•
26
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUivE 23, 1997
• ADJOURNMENT
•
C
The meeting was adjourned to Executive Session at 10:31 p.m.
+Gabriel bbour, ?l�fayo
ATTEST:
27