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HomeMy WebLinkAbout02-12-1996 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 12, 1996 • ROLL The Council met on the above date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Charles Kelley, and JoEllen Hurr, who arrived during the discussion of agenda item 99. Council Member Jabbour was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, City Engineer Glenn Cook, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #3, 4, 5, 6, 10, 14, and 19 were added to the Consent Agenda. Kelley moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JANUARY 22, 1996 • Kelley moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of January 22, 1996. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS Park Commissioner McMillan reported that the Park Commission voted to recommend adding one more night for baseball use at Bederwood Park. The softball association is short of fields and requested an additional 2 nights usage at Bederwood, which would be traded with the baseball association to free up 2 nights at Long Lake's Holbrook Field for softball.. After discussion, the Park Commission voted for the recommendation of one more night (Wednesday) to accommodate the softball association to alleviate the shortage problem. The Commission had recommended a yearly review in hope that other communities would address the problem. Goetten asked McMillan how many nights are currently being used at Bederwood for baseball and was told 2 nights, Tuesdays and Thursdays. McMillan said Bederwood has a dirt infield, along with a pitching mound, both of which are designated for baseball use. McMillan said the Commission felt the trade was fair as the City does not accommodate the softball need. Registration is beginning at this time for the upcoming season. If f MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 (Park Commission - Continued) • Kelley noted the need to address the new pressures placed on the City for space for such programs with the possible closure of Oak Brook Park, which would be eliminated with the Highway 12 corridor. McMillan said the softball and baseball associations are looking at long range planning. Kelley said Holbrook Field was originally used for baseball but changed to softball 4 years ago for girls and coed play. McMillan said the field is also used for Little League. She also noted the concession stand at Holbrook, which is run by the softball association. Kelley said there are 5 softball fields at the school field and no Little League, which he felt must be kept in perspective with the community at large. McMillan added that the softball association is considering expanding the age groups of the players. PLANNING COMMISSION COMMENTS Commissioner Hawn had no report. PUBLIC COMMENTS Steve and Joan Valek, 4720 Tonkaview Lane, asked to address the Council regarding the tax forfeit parcel near Saga Hill. Steve Valek was under the impression that a 1/2 acre piece of land was to be given to the Valek's, which was approved at a Council meeting in November, 1994, by a resolution giving the Valek's the opportunity to acquire the 1/2 • acre parcel. Valek said the County has yet to receive the resolution and has been working with City Staff to get the issue resolved since last summer. Valek said he has spoken with Pat O'Connor of the County Tax Forfeiture Department. He was informed by O'Connor that the City has two options, one to present a resolution stating the metes and bounds of the property to allow the sale to the Valek's, or the option to purchase the property. Callahan asked Valek if he was aware of the effort by the public to gain property in the Saga Hill area for a park. Valek said he was aware of this. Callahan said the City was under the impression that the County was going to give the 9 -1/2 acre tax forfeit parcel to the City, who made application to gain the parcel. Callahan told Valek that the County had informed the City that they did not wish to donate the property but asked the City to purchase it instead. Callahan said the City does not wish to purchase the 4 -1/2 acres (the other five acres would be given to the City) but want it also donated. Callahan said the City and County are in negotiations on the matter, which he said did not focus on any arrangement with the Valek's. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 (Public Comments - Continued) Joan Valek said the County had agreed to split off the 1/2 acre to add to the Valek property, which was needed to alleviate drainage problems. The County, however, needs the City's approval by way of a resolution stating the metes and bounds of the 1/2 acre parcel before the County can split off the 1/2 acre parcel. Joan Valek said O'Connor is awaiting a survey of the property, which she was told needed to be done by the City. Callahan responded that the County was the owner of the land. Moorse interjected that it was Staffs understanding when the Council approved the 1/2 acre parcel to be added to the Valek property that there was a condition that an easement be provided to gain access to the parkland. Valek noted that the 10' alley was an abandoned utility easement and questioned that it was to be turned into an access. Moorse said when the approval was made, it was agreed that the easement would be moved to the side of the property and still be maintained as an easement. During preparation for this to occur, Staff determined that in order to provide a reasonable access, there would be a need to expand the easement from 10' to 20', to which the Valek's disagreed. Joan Valek said the resolution was never contingent on moving the easement on their property. She added that the alley had nothing to do with the resolution. The Valek's asked that the issue be placed on the Council agenda. Callahan responded • that the matter would be taken up at the next Council meeting scheduled for February 26,1996. ZONING ADMINISTRATOR'S REPORT ( * #3) #2064 GEFFRE /OLSON, 4665 BAYSIDE ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT AND VACATION - RESOLUTIONS #3669 AND #3670 Kelley moved, Goetten seconded, to adopt Resolution #3669 granting a subdivision of a lot line rearrangement and oversize accessory structure variance for Irvin T. Geffre and Robert S. Olson at 4665/46XX Bayside Road, and further adopt Resolution #3670 vacating a portion of drainage and utility easements within Outlot C, Bayview Farms Second Addition. Vote: Ayes 3, Nays 0. (*#4) #2088 STEPHEN GARDINER, 3770 BAYSIDE ROAD - VACATION OF UNIMPROVED ALLEY - RESOLUTION #3671 Kelley moved, Goetten seconded, to approve Resolution 93671 vacating 30' unimproved alley as dedicated in the plat, Ottoville of Lake Minnetonka, in 1887. Vote: Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 (x #5) #2095 STEPHEN M. ENGLUND, 2855 CHERRY AVENUE - RENEWAL VARIANCE - RESOLUTION #3672 Kelley moved, Goetten seconded, to adopt Resolution 43672. Vote: Ayes 3, Nays 0. (46) #2096 DIANE AND KEVIN HOLMES /ORCHARD PARK FARM, INC -, 555/585 STUBBS BAY ROAD NORTH - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3673 Kelley moved, Goetten seconded, to adopt Resolution #3673. Vote: Ayes 3, Nays 0. ( #7) #2097 PATRICIA GUTTORMSON, 3315 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION #3674 Patricia Guttormson was present. Mabusth reported that there were two issues regarding the variance application; the structural repair completed for the masonry wall and the new cement wall, located within the 0 -75' zone, and the variance for replacement of the deteriorating deck. The deck will be reduced in area by 172 s.f., which will result in a hardcover reduction in the 0 -75' zone. The Applicant also proposes removal of 130 s.f of patio in the 75 -250' setback area. The lot coverage, now at 16.1 %, will be reduced down to 14.6 %. Hardcover in the 75 -250' setback area will be reduced from 26% to 22 %. This results in two • conforming findings due to the improvements. Mabusth reported that the Planning Commission recommended unanimous approval. Goetten commented that she understood the area was difficult to work with and appreciated the reductions made in hardcover, while still gaining the needs of the applicant. Goetten moved, Kelley seconded, to approve Resolution #3674. Vote: Ayes 3, Nays 0. ( #8) #2099 LOREN BRUEGGEMANN/DEAN MAESER, 372 WESTLAKE STREET - SUBDIVISION OF A LOT LINE REARRANGEMENT - REPLAT WITH VARIANCES This application was tabled to a later time in the agenda due to the lack of applicant representation. The property owner arrived shortly after the start of the report on the application. Gaffron reported that the owner of the property was Dean Maeser, 372 Westlake Street. The property consists of 3 parcels with three separate tax statements consisting of Lots 10, 11, and 12, delineated by a long narrow lot totalling 1.99 acres in the 2 acre zoning district. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 • ( 98 - #2099 Brueggemann/Maeser - Continued) Gaffron continued that the applicant, Loren Brueggemann, proposes a lot line rearrangement requiring a replat for 2 distinct building lots. The house on Lots 10 and 11 would be torn down along with the accessory building and two rental cabins. Two new houses are proposed to be built. The replat creates a front lot/back lot situation requiring the configuration of a 30' outlot. The front lot would be 0.76 acres where 2 acres are required. Lot 2 requires 150% of the 2 acre standard but would be 1.09 acres in size. This results in substandard variances for Lots 1 and 2. Gaffron reported that the front and back lot needs setbacks not standard on 2 acre lots with 150% required for back/front setbacks. The Lakeshore setback still applies. The 30' access outlot is still required leaving a small building envelope. In Lot 1, based on the frontiback configuration, a 50' side setback is required, leaving a building envelope of only 10' wide, which is not suitable. Lot area variances are required for Lots 1 and 2. Lot 2 requires a 10' width variance at the street setback where 200' is necessary. Lot 1 requires a 30' side street setback variance for the proposed house, which is proposed at 20' where 50' is required. A hardcover excess is shown in the outlot at 35 %, where 25% hardcover is allowed. Lot 2 does meet the hardcover standard. Ga.ffron reported that the Planning Commission reviewed the application at their January 16 meeting. A 4/0 denial recommendation was made due to the lack of finding • acceptable hardships. It was noted that the property has been assessed for one sewer unit. Gaffron said there are two stubs to the property but it has no bearing on the property. It is unknown why the second stub exists. The property has not paid for or have the right to the second stub. The sewering was part of the Stubbs Bay project. Callahan was informed by Gaffron that the two cabins on the property have existed for many years. They are located close to the lake and are non - conforming. Gaffron noted there are three buildings currently using the septic system, which does not meet the 3' separation and is located in the 0 -75' setback. The septic system needs to be removed. Gaffron reminded the Council that Maeser was given two years by the Council in May of 1995 to remove the cabins and required the house to be connected to the sewer. This has not occurred nor has the agreement been signed. Brueggemann has proposed to purchase the property to build 2 houses on the less than 2 acre parcel where 5 acres are required. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( #8 - #2099 Brueggemann/Maeser - Continued) • Callahan asked Maeser if he had any comments. Maeser informed the Council that he was retired and depended on the cabins for income. If he lost that income and was unable to sell the property as is planned in the proposed application, he said he would be financially bankrupt. Maeser noted that the lots in the neighboring area were all small. He said it was difficult to sell the property as one building site when all the others around him were so small. Maeser said the proposed plan was an opportunity for him to sell and be able to buy another home. Callahan asked Gaffron what the sizes were of neighboring lots. Gaffron noted lots 50' wide made up of a total of 0.2 acres to 1.6 acres. He noted other lots of 3 and 4 acres in the 1 acre zoning district. Hurr noted the nice shoreline on the property, the smaller homes to the north and larger homes to the south. Hurr said the lot could be developed with orientation to the larger lots and could be used for one site. Goetten agreed that the lot was desirable. However, for what the applicant wanted, the proposal does not fit in with the code. Goetten said there were too many variances required and would need to deny the application. There were no public comments. • Callahan moved, Goetten seconded, to recommend denial of Application #2099 and directed Staff to draft a written resolution for the Council meeting of February 26, which will incorporate the motion and be adopted. Vote: Ayes 4, Nays 0. ( #9) #2100 ROBERT AND DEBRA EDMUNDS, 1030 TONKAWA ROAD - VARIANCE - RESOLUTION #3675 The applicants were represented by an architectural representative. The property in question is 1.56 acres in area. All structures on the property will be removed, and a new residence, which will meet all setbacks, will be constructed. Mabusth reported that the original application filed included a request for a conditional use permit for the borrowing of 600 cubic yards of fill. Mabusth said the applicant's architect, Blake Bichanich, reported that the fill would not be borrowed, but instead, would be gained from the excavation for the 2 story, 3 stall garage. In this case, the code indicates no conditional use permit is required. A lot width variance is required as the lot is 101' from the normal high water level at the 75' line, where 140' is needed. • 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 • (99 - #2100 Robert and Debra Edmunds - Continued) Because of the drainage concern on the property, Mabusth reported that the Engineer reviewed the application and made minor changes. The drainage will flow to the lake and not to the adjoining neighbors. The drainage will flow along the shared lot lines with retaining walls, not over 4' in height, directing the flow. Mabusth noted that the design is a walkout. Kelley moved, Hurr seconded, to approve Resolution 93675. Goetten voiced concern with the 2 -story garage with one story underground and any drainage problem ensuing from such a design. Mabusth said the design was approved by the City Engineer. The representative said the drainage would be controlled by a trough between the retaining walls, which would divert any drainage away from the lower level of the house. The area of the residence below grade would be prepared. Goetten asked who would be responsible if the drainage system did not operate as expected, noting past problems with drainage on the property. Mabusth responded that the lot to the north had created problems for this lot, and the applicant has addressed this issue with the channeling of the drainage to the lake. Goetten said she would like assurance that the design will satisfy the problem. The representative reported that the problem has been addressed. is Callahan questioned what the area was under the garage. The representative said the area provided access to the lower level garage for storage and reported that spancrete will be used for both the upper and lower levels of the garage. The purpose of the lower level garage is for boat storage. The representative said the design was an attempt to maximize the need to go down to a certain level. • Hun received confirmation that the 10' side setbacks would be met. Hurr also inquired if the design exceeded the 1 -1/2' overhang requirement. The overhang is 9 ". Vote: Ayes 4, Nays 0. ( * #10) #2101 JEFF BOWEN, CHARLES HOMMEYER AND KEN ROLLAND, 4119, 4125, AND 4127 OAK STREET - PRELIMINARY SUBDIVISION OF A LOT LINE REARRANGEMENT AND VACATION OF UNIMPROVED PUBLIC ROADS - RESOLUTION #3676 Kelley moved, Goetten seconded, to adopt Resolution #3676 of the preliminary subdivision of a lot line rearrangement. Conceptual approval was also made of the vacation of the unimproved public road. Vote: Ayes 3, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( #11) #2102 HOWARD AND ELIZABETH MCMILLAN, 1275 LYMAN AVEN UE • - CONDITIONAL USE PERMITNARIANCE - RESOLUTION #3677 The applicants were present. Mabusth reported that the property is part of the Orono Orchards Highlands plat approved in the 1970's. The southeast corner of the property is wetlands, which were not described in angles and bearings on the plat, nor did the City obtain a flowage and conservation easement over the area. The wetland is contiguous with the 30+ acre wetland and drainage system to the east and south of the subject property. The proposal is for a wildlife pond with a maximum 4' depth and an irregular shoreline requiring a conditional use permit and variance. 270 cubic yards of spoils will be taken out during the winter months, allowed to thaw, and used to contour the banks. The retaining walls currently on the banks have failed. The area currently contains canary reed grass and 40% purple loosestrife in the transitional area of the wetland proposed for alteration. The purpose is to rid the area of these weeds. The Corps of Engineers is not convinced that the prairie mix will completely eliminate the weeds. The McMillan's said it would be an on -going process. Mabusth said the MCWD has approved the plan. Hurr inquired if the 4' depth would allow maintaining open water. Howard McMillan said it would in normal years. He added that it has been found that 4' is the optimal level for water fowl. Mabusth said 4' is the recommendation of the DNR. Lili McMillan said the ability to maintain open water is dependent on the soil, noting clay holds water better. Hurr also asked if it was the applicants' intention to bubble the pond. It is not. Goetten noted that she did not view water in the pictures. Howard McMillan said water is usually found at the end of the marsh area, adding that at one point, it was drained or sluiced to establish the water table but has overgrown with woody plants over the last 30 years. The McN illans said there is standing water in the spring, which dries out during the summer months, but remains spongy in August. They noted that when the loosestrife takes over, the water cannot be seen. Lili McMillan noted that when the excavation is done, the water table will be exposed. Goetten asked what the applicants wished to attract to the pond. The McMillans said the purpose was to sustain the wetland. They plan on planting cattails and native grasses, which it has been reported, do not attract geese to a dense area. Hurr moved, Goetten seconded, to approve Resolution #3677. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 19% • ( 411 - 92102 Howard and Elizabeth McMillan - Continued) Kelley asked if the variance pertained to Ordinance Section 10.55, Subdivision 8, prohibiting excavation within 25' of wetlands. Mabusth said it was to excavate within the wetland and included the creation of the shoreline. Kelley asked what the hardships were for such a variance. Howard McMillan said the retaining walls were failing. He added that in order to get enough fill to repair the walls, it would cause destruction of the asphalt and the steep grade. McMillan said the hardships, then, were access and fill. Kelley asked the size of the area and the amount of spoils, which are 1.2 acres and 270 cubic yards, respectively. Vote: Ayes 4, Nays 0. ( #12) PROPOSED ZONING CODE AMENDMENT - OVERSIZE ACCESSORY STRUCTURES (SECTION 10.03 SUBD. 9C) Gaffron reported that the code concerning oversized accessory structure was being considered for amendment. The current table is based on the individual size of the oversized structure and its corresponding property size. The Planning Commission reviewed the proposed amendment, and in light of the few number of variance requests affected by the limit of the table, decided that they would prefer to retain control by requiring a variance and recommended no change be made to the present code. Gaf&on • asked Council to either agree with this recommendation or to direct the Staff to go forward with the amendment. n U Hurr said it was a hardship for a resident with 30 acres to need to go through the variance application process as that of a 9 acre parcel. She believes setbacks are an issue. Hurr said she would prefer to see a sliding scale and would support an extended table. Kelley said he would prefer the code remain as it exists noting that the majority of 10 acre and over parcels with eventually be subdivided. ' Goetten said she agreed with Kelley considering the small amount of parcels that would be affected. She did not believe it was necessary to legislate for all but would like review of larger parcels which could have an impact. Callahan directed Gaffron that the Council were 3 (Callahan, Kelley, and Goetten) to (Hurr) in maintaining the current code. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 MAYOR/COUNCIL REPORT • Callahan inquired about the Oberhauser application concerning the removal of structures on the subject property. According to the last Council meeting discussion regarding this application, the Council had agreed to move forward with legal action if the structures were not removed. This has not been done, and Callahan asked if legal action could now proceed. Barrett said no action had yet been taken but was willing to proceed. It was noted that the performance bond previously requested of Oberhauser had not been acted upon. Kelley, Goetten, and Hurr agreed with Callahan to proceed with legal action. Callahan asked Barrett to look into the matter. Kelley reported that the committee of the Highway 12 moratorium met. There were differing opinions with some opining that the moratorium was premature since the Highway Corridor issue remains unresolved, and others feeling the opposite. It was noted that the committee is made up of Council Members Kelley, Goetten, and Callahan, and Planning Commissioners Peterson, Smith, and Lindquist. Hurr inquired where Staff was with the Maxwell Bay access agreement. Gaf ron reported that it had not yet been drafted. Hurr noted the need for more information and research of the different formulas for payments in lieu of taxes. ENGINEER REPORT • Cook had no report. CITY ADMINISTRATOR'S REPORT ( #13) BID AWARD - EQUIPMENT AND MATERIALS BID 1996 Moorse reported that the bids for equipment and materials for 1996 were being considered for award to the lowest bidders. Callahan asked if the City had dealt with those making the low bids in the past and if they were reputable. Gerhardson said he had and considered them reputable. Kelley inquired if this was the best time of the year to bid for materials. Gerhardson said this time of the year has historically been the best time to obtain bids. Callahan moved, Goetten seconded, to accept the low bids for materials as specified. Vote: Ayes 4, Nays 0. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( - #14) SEASONAL ROAD WEIGHT LEVHTS - RESOLUTION #3678 • Kelley moved, Goetten seconded, to adopt Resolution 93678 establishing the 1996 Weight Limits for City streets from March 15 through May 15, 1996. Vote: Ayes 3, Nays 0. ( #15) 1995 REFUNDING BONDS - AMENDED RESOLUTION #3679 Moorse reported that the resolution is an amendment to the resolution approving the sale of the 1995 G.O. Refunding Bonds and relates to simplying the accounting for the debt service of the refunding bonds by consolidating the various portions of the new debt from the Water Fund, the Sewer Fund and the new Debt Service Fund into one Debt Service Fund. Staff has been working with the bond attorney and the bond consultant to provide a resolution which accomplishes this. The amended resolution was written by the bond attorney and reviewed by the bond consultant and staff. Callahan clarified that the purpose was to establish a new fund in which the debt service would be accounted. Callahan moved, Hurr seconded, to adopt Resolution #3679, providing for accounting treatment of sewer revenues and assessments. Vote: Ayes 4, Nays 0. • ( #16) AMENDMENTS TO 1996 TAX LEVY RESOLUTION #3680 AND DEBT SERVICE BUDGET RESOLUTION #3681 • Moorse reported that the Debt Service Budget resolution involved spending in 1996 to call the 1989 bonds at a cost of approximately $1.5 million dollars, which is the proceeds from the sale of the refunding bonds. Callahan asked if this affects the legality of the bonds to which Moorse replied to the negative. Callahan moved, Hurr seconded to adopt Resolution #3680 amending the final 1995 Tax Levy collectible in 1996 for Debt Service. Vote: Ayes 4, Nays 0. Callahan moved, Hun seconded, to adopt Resolution #3681 amending the 1996 Debt Service Budget. Vote: Ayes 4, Nays 0. it MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( #17) REPLACEMENT OF FISHING PIER DOCKS • Moorse provided information requested by the Council regarding the life expectancy and the winter transportation and storage of the fishing pier docks being considered for replacement purposes. There is a minimum of 20 year life on the all aluminum, both deck and structure, docks. The docks will be transported by either towing or by a flat bed trailer, which the City has for such uses, to the Public Works rear yard area. The docks will be 32' in length, which does not exceed the 40' maximum allowed for towing. Hun said the memo should state that the docks should be transported, not can be. Kelley asked if there was an annual maintenance plan. Gerhardson said he did not expect there to be any maintenance required. The docks are painted but with a paint that should not wear off. It was noted that the current docks are in six 8' sections. Gerhardson said he did not order any longer docks due to the need and ability for transportation. Kelley asked how the height of the docks can be changed. Gerhardson said this can be accomplished on shore. Kelley inquired about theft proofing of the docks. Gerhardson said there will be removable hitches. He also said that stabilizer posts are used to anchor the docks. It was questioned whether there was a possibility for more accidents with an aluminum • type of dock. Gerhardson said the dock has rounded edges and has a non -slip surface. He said the chance for injury was no greater than that of the current wood docks. Hurr moved, Kelley seconded, to approve the purchase of two Hewitt 4'x32' straight docks from Eckloff Docks at a cost of $3,538.07 to be funded from the Park Fund. Vote: Ayes 4, Nays 0. ( #18) ESTABLISH PUBLIC HEARING DATE FOR ALLOCATION OF CDBG FUNDS Moorse reported that a date needed to be established for a public hearing regarding the allocation of the annual CDBG grant. The allocation amount is approximately the same as for the past year. Moorse noted the recommendations made by Staff for the CDBG allocation. He brought to the attention of the Council the reduction in the human service area. The County has directed that human services expenditures not exceed 20% of the total grant amount. This has caused reductions in the grant amounts for human service agencies. 12 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( #18 - CDBG Funds - Continued) Kelley asked if residents of Orono can apply for the housing rehabilitation grant. Moorse reported that they can. Gerhardson said the highest need from residents has been for weatherization, windows, and roofing. Kelley inquired about using the funds for sewering. Gerhardson said this has been done but is not part of this grant program. Kelley asked how the grant program is publicized. Gerhardson said information is carried in the local papers. He said the program is well known and widely used. Kelley inquired who makes the decision on who receives the funds. Gerhardson said it is on a first come, first serve, basis with qualifying factors, and is administered by the County. Callahan inquired about the negative balance in the housing rehabilitation area and was told that there is not enough money available to fund current grant applications. Callahan asked if more fundingcan be provided to the Human Service agencies by the City through other sources. Moorse said this could be done through the general fund. Callahan moved, Goetten seconded, to conduct a public hearing at 7:00 p.m. on March 11, 1996 in the Orono Council Chambers, 2780 Kelley Parkway, to receive citizen input • regarding the allocation of Community Development Block Grant Funds for 1996. Moorse noted the receipt of a letter, which was distributed to Council members, from Westonka Intervention regarding their grant request. is Vote: Ayes 4, Nays 0. ( * #19) SEASONAL GOLF STAFF PAY SCHEDULE Kelley moved, Goetten seconded, to approve a pay range of $6.00 to $6.90 per hour for the seasonal golf clubhouse staff for 1996. Vote: Ayes 3, Nays 0. ( #20) PUBLIC WORKS VEHICLE REPLACEMENT Moorse reported that the one -ton dump truck, which is a 1984 vehicle with over 90,000 miles, is ready for replacement. The budgeted amount for this replacement, however, did not include the dump box and plow, only the cost of the truck (cab and chassis). This has resulted in the need to reallocate funds which were designated for a 1/2 ton pick -up truck replacement to the one -ton dump truck replacement. Moorse informed Callahan that the bid was received through the County's cooperative purchasing process. 13 •, MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( 920 - Public Works Vehicle Replacement - Continued) Hurr moved, Goetten seconded, to authorize the purchase of a one -ton cab and chassis from Erickson Chevrolet at a cost of $24,324 as per the Hennepin County bid; and to amend the budget by increasing the Park's one -ton truck appropriation by $12,000 and reducing the Public Works pick -up truck appropriation by $12,000. Vote: Ayes 4, Nays 0. ( #21) INSURANCE BID AWARD Moorse reported that the award is for approval of the bulk of insurance premiums for 1996. The insurance costs are favorable as they came in under budget and under the 1995 figures. The amount does include an increase in certain coverages. When questioned by Goetten about the lower costs, Moorse said the Workers Compensation legislation has changed, which affected the costs, as well as the good experience rating of the City. Barrett inquired if there was joint powers coverage. Moorse said the only joint powers coverage the City has is through Logis, noting that normally the joint powers agency carries the joint powers coverage. Tom Kuehn added that the Lake Minnetonka Conservation District also has a joint powers coverage. Also present at the meeting was Carl Bennetsen of R. L. Youngdahl & Associates, Inc., is the City's agent of record. Callahan noted that all fees showed a reduction except for that of the agency. Kuehn noted that the City changed agents late in 1995 due to the retirement of the past agent of record. The past agent received a flat fee plus commissions where Youngdahl & Associates receives a flat fee - for - service only. Therefore, the current fees are lower than the previous fees. Hurr questioned why there was the need for an agent of record when the insurance was covered through the League of Cities. Bennetsen responded that the workers compensation can be conducted directly but the experience and knowledge an agent has can alleviate confusion as well as keep abreast of changes. The agent follows up on claims as well as analyzing the package policies. The agent analyzes the City's exposure, obtains credits, and maintains the proper coverage. Bennetsen said the commercial insurance needs are more complicated than that of an individual. Kuehn added that each City has unique requirements. It was noted that a Staff person could act as an agent but would require licensing. The League requires an agent -of- record so the brunt of the needs regarding insurance don't fall on the League itself. Moorse said he did not believe it was worth the time and expenses to train an employee plus the time to follow up on any claims. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 • ( #21 - Insurance Bid Award - Continued) Kelley asked where the City has a boiler, which was noted in the insurance tabulation. Bennetsen said this category includes pumps, motors, and transformers, although not fuel pumps. There is no boiler, per se. Kelley inquired what would happen if there was a fuel leak. Bennetsen said this would fall under a pollution liability. Hurr asked where the liability insurance for the golf course was covered. Kuehn said the golf course was covered under the City's general liability insurance and paid its pro -rata share of the costs. Hurr inquired if all of the employees were bonded. Bennetsen said they were. Callahan asked if there was a civil rights insurance coverage for the City. Bennetsen said the League guides the insurance according to the needs of the City and covers most of that. Barrett asked if there was an absolute pollution exclusion, to which, Bennetsen said no. Barrett asked to receive the policy form for review. • Callahan moved, Kelley seconded, to award the insurance effective January 1, 1996 to the League of Minnesota Cities Insurance Trust for the comprehensive municipal property and casualty package $73,574, for the umbrella excess liability $17,758, for the petrofund reimbursement $739, for the open meeting law $795, for the boiler and machinery $1,201, and for the surety bonds, $876. Vote: Ayes 4, Nays 0. • ( #22) PARTICIPATION IN LAKE -WIDE GOOSE CONTROL GRANT APPLICATION Moorse reported that the grant application was for a Minnetonka lakewide goose control program for the surrounding cities. The cities are joining together with the University of Minnesota to apply for the LCMR matching grant, which is a 2 year control effort. The cost to the City would be a $1,000 per year maximum expenditure for a two year time period. Moorse said the amount could be reduced if neighborhoods continued funding the goose control program. This has been done in the Pheasant Lawn neighborhood. Hurr said she did not believe the private individuals would pay for such a program if the City was willing to pay for it. Hurr does not believe the program will work as relocation of geese is not being done anymore. Moorse said other options are being considered. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 ( #22 - Goose Control Grant Application - Continued) • Goetten noted the different number of control efforts for different parts of the lake, and asked how it would work if each City spends the same. Goetten questioned whether this was a fair distribution. Moorse said the table indicates where the goose control is currently happening, which may change. He noted that the grant needed to be in by February 23. Callahan said he noted that the last time this subject was brought forward, there were residents who preferred the geese to stay where they are. He did not believe the program would be successful without more funding. Goetten commented that goose control was an on -going matter. Hurr was told that the goose control was not on public land only. Hurr said she feels the people affected should be the ones that pay for the control. Moorse noted the park areas where geese were being removed, adding that private parties will continue paying for such a program citing a Minnetonka example. Goetten asked if there have been any other Orono residents, other than those at Pheasant Lawn, who have voiced a need for goose population control. Moorse said there have not been any complaints. Goetten said she was not in favor of the grant application. Callahan noted the low dollar amount and the number of participating cities. Hurr • commented that if the grant approval was needed in order to get the $1,000, she did not believe the grant would be obtained. Goetten moved, Kelley seconded, to deny the City's participation in the goose control grant application and the expenditure of a maximum of $1,000 per year for the years 1997 and 1998 for a lake area goose control program. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Barrett said the MPRS report would be taken up at the next Council meeting and had no additional report at this time. • 16 • . MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 • ( * #23) LICENSES Kelley moved, Goetten seconded, to approve the following licenses; Vote: Ayes 3, Nays 0. On -Sale Non - Intoxicating Liquor License Lakeview Golf of Orono Grant Wenkstern 405 North Arm Drive Solicitation License Alan L. Penke "The Rose Man" @ parking lot of 3445 Shoreline Dr. ( 424) BILLS Kelley moved, Goetten seconded, to approve the payment of the All Funds Account. Vote: Ayes 3, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 9:00 p.m. • ATTEST: M. Ham, City Clerk • Edward J. Call an, r., ayor 17