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Home My WebLink About05-13-1985 Council Minutes � R t � � ' MINUTES OF THE REGDLAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 1 ATTENDANCE 7 :00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm and Tim Adams. Councilmember Lynn Adams arrived at 7 : 30p.m. The new City Administrator, Mark Bernhardson, was present. City Attorney Radio and City Engineer Cook were also present. Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, and Recorder Sutton represented the . City staff . Finance Director Kuehn arrived at 7 : 45 p.m. CONSENT AGENDA* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the Consent Agenda* as submitted with all staff reports concerning these items to be attached to an original copy of these minutes on file at the City Clerk' s office. Motion, Ayes (4 ) , Nays (0 ) . PUBLIC HEARING ART CENTER OF MN PROPOSED SEWER PROJECT EXTENSION 7:05 - 8:06 PM Mayor Butler announced that now was the time and place for the public hearing concerning the proposed sewer project extension to service the Art Center of Minnesota. Butler noted the feasibility report done by the City Engineer. Cit�t Recorder Sutton noted the affidavit of publication and the certificate of mailing. Marion Gray, Susan Enrieht, and Toni Richardson were present from the Art Center. Those present from the audience for this public hearing signed attendance sheets which are attached to these minutes. City Engineer Cook explained this project 85-2 provides for a combination of the Art Center project with project 85-1 Crystal Bay sewer project. Cook stated that the existing sanitary sewer system at the Art Center consists of an on- site septic system. Cook revealed that the Art Center' s septic system was designed in 1980 for a flow of 1 , 800 gallons. Cookstated that the City hasreceived information from the Metropolitan Waste Control Commission (hereafter MWCC) that the Art Center has the equivalent of 20 units at the main facility and 8 units at the old school building totaling 28 units . Cook noted that since that time the hiWCC has reduced that number to 24 units. Cook explained that the project would consist of an extension of a sanitary sewer service to serve the school buiiding from Prospect Avenue. City Engineer Cook stated the cost estimate for the project would be $5 , 000 combining it with the total $900 , 000 for the Crystal Bay project for a total project cost of $905 , 000 . Cook stated that staff has figured 83 units for the Crystal Bay project with an additional 10 units for the Art Center. Cook stated that City staff recommends a total of 10 units for the Art Center with 7 units for the main building, 1 additional unit for the old school building, with 2 units for future expansion of the facility. Cook stated that with the 93 units for the project, the individual project assessment cost would be reduced to $9 , 730/unit. Cook mentioned the Art Center ' s share of the project would be $97 , 300 . . , ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 2 Curtis Quady of 1223 Brown Road South asked City Engineer Cook to explain the drop in units from 24 to 10 for the Art Center. City Engineer Cook stated that the 24 units is based on the peak flow of that facility and not on the average flow over a period of time. Cook noted that staf f doesn' t f eel that the 24 SAC units that the MWCC would assess can be justified because the Art Center does not operate at that capacity flow and, therefore, staff recommends 10 sewer units . Councilmember T. Adams asked that City Engineer Cook clarify for the record why the Art Center was not included in the project from the beginning. City Engineer Cook explained that at the time the original work was done for the Crystal Bay project, the City was seeking grant funding from the federal and/or state government and including the Art Center would have automatically eliminated the City' s eligibility for such a grant. Cook noted that when the funding was declined then the City felt that the Art Center should be included. Councilmember T. Adams mentioned that if it hadn ' t been for the grant, the City would have included the Art Center from the beginning. City Engineer Cook concurred stating the Art Center would have been included from the beginning of the project if it had not been for the City seeking federal funding. City Attorney Radio pointed out that the Orono Comprehensive Plan dictates that any commercial areas near sanitary sewer facilities should be sewered. Assistant Zoning Administrator Gaffron read from the Orono Comprehensive Plan CSPP (6-12 Section 11 ) as follows : "ALL SEWER-SERVICED PROPERTIES MUST BE CONNECTED. Consistent with the regulations of the State Board of Health, and the MWCC, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property. " Marion Gray, representative of Art Center, indicated her sympathy with the Crystal Bay residents but noted that the Art Center does not need sewer. Gray reported that the Art Center' s septic system has adequate capacity for the little use that it receives . Gray disclosed that if this assessment is placed on the Art Center and they are required to hookup to sewer, that it will increase the Art Center ' s operating budget by 10 percent. Gray noted that with the SAC charges, hookup fees, and annual assessment, in the first year alone the Art Center would have to pay $42 , 546 which is a . � ` MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 3 sizable sum. Gray informed the Council that the Art Center may have to close if such an assessment is approved and assessed to the Art Center. Gray explained that the Art ' Center has been operating for 32 years and may not be able to continue. Gray stated that classes are held for only about 3 hours and the facilities are not heavily used. Gray noted that a septic system installer came to the Art Center to analyze the system which revealed that the Art Center has an adequate system and does not need sewer. Gray read and submitted a letterobjecting to the proposed construction of the easement and assessment ( letter attached to these minutes ) . Curtis Quady of 1223 Brown Road South asked for the logic on the part of the City reducing MWCC' s 24 units to 10 units for any reason. Quady noted thatsingle occupants of homes have to pay the full assessment and the Art Center should have to also pay the full assessment. Quady stated that many years ago the community of Crystal Bay paid for that old school indirectly and it has grown since then and will continue to grow. Quady felt that the City should not pull numbers out of the air to assess the Art Center but abide by what the NWCC dictates. City Engineer Cook explained that basically the present use of the Art Center justifies 10 units . Cook noted that if any expansion on the part of the Art Center occurred, the Art Center would have to approach the City and if needed , the City could assign extra units at that time. Cook asked Building & Zoning Administrator Mabusth if the Art Center could sell the property with a different proposed use. Building & Zoning Administrator Mabusth stated that the Art � Center would have to apply for a Conditional Use Permit for a different use of the property. Marion Gray mentioned that in February they were required by the MWCC to prepare a list of capacity of the Art Center ' s facilities and a dailyaverage use. Gray explained that the MWCC doesn't take into consideration the use of the Art Center but only how many people can f it into one room. Gray noted that membership ha5 declined and is doubtful that it will rise again because of the number of women returning to the work . f orce. Gary Printup of 1261 Briar Street commented that he read something in the newspaper that the Art Center has paid off its mortgage. Printup stated that the Art Center could remortgage the Art Center to help pay for the SAC and hookup charges. Printup asked the Council if it would not make more sense to assess the Art Center 24 units at 100g and allow the Art Center to appeal the process just like each individual home owner is having to do. Printup noted that the judge should make the decision as to how many units to assess the Art Center. ' . � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 4 Mayor Butler argued that the Art Center will probably appeal anyway regardless of how many units they are assessed. Michelle Combs of 1251 Briar Street noted that the Art Center is saying that they don' t need sewer and many Crystal Bay residents said the same thing but that the project has still been ordered. Combs stated that if in the future the Art Center needs sewer, they wouldn' t bepaying any construction costs and would only have to pay hookup charges , and the • Crystal Bay residents in effect would have paid their hookup charges. Mayor Butler explained that anytime a new sewer project is put in, the law dictates that you will hookup within 16 months after the system has been declared ready for hookups. Butler noted that if in the future the Art Center hooked up to sewer they would still pay the same assessment but with an inflation factor built into the bill and could be higher than what the Crystal Bay residents paid. Craig Christensen of 1251 Brown Road South asked if the Art Center was to expand and the City was to assess the Art Center more units , would that money be credited to the Crystal Bay Sewer Project and reduce the residents assessment fee. Mayor Butler explained that if the Art Center was to be assessed in the future, that money would go into the sewer operating fund and would not reduce the residents assessments . Susan Enrieht, Art Center representative, asked the City to clarify the reason for the inclusion of the Art Center. Mayor Butler explained that when the City first considered the Art Center to be included in the project, the City was seeking federal funding. Butler stated that a survey was done of the Crystal Bay area in order to determine their level of need and it was discovered through that survey that the majority of the households qualify as low and moderate income, and as a result were eligible for state/federal funding. Butler stated that the funding was not available and the City spent many years seeking thisfunding. Butler indicated that after the City found out the funding was not available, the Art Center was included in the project. Councilmember Frahm stated that the City tries to get commercial operations to hookup when they abut sewer projects because of their more intense use of property. Councilmember L. Adams stated that there also was a question of contamination of ground water with the Art Center with the chemicals that the Art Center sometimes uses. `MINUTES OF THE REGULAR ORONO COUNCIL MEETING IIELD MAY 13, 1985 PAGE 5 Eve Drummond of 2160 Prospect Avenue asked if the Art Center was going to be assessed 10 units and if that units number was determined by capacity. Mayor Butler stated that the Council is discussing assessing the Art Center for 10 units and would be based on capacity. Eve Drummond of 2160 Prospect Avenue stated that only two people live in her home and that they certainly aren' t up to the capacity for one sewer unit. Eve asked if the City would assess only a half unit and base the residents ' assessments on capacity only like the City is considering for the Art Center. Gary Printup of 1261 Briar Street reviewed with the Council the original reason for the exclusion of the Art Center. Printup stated that the City excluded the Art Center f rom the beginning because they were outside of the MUSA line. Assistant Zoning Administrator Gaffron stated that originally staff thought the Art Center was outside of the MUSA line and recently discovered that the entire Crystal Bay area is not within the MUSA line. Susan Enrieht, Art Center representative, asked who has the ultimate authority to assign SAC units, the MWCC or the City of Orono? Mayor Butler stated that the MWCC assigns its own SAC units and the City of Orono assigns its own sewer units . Councilmember T. Adams asked staff how they arrived at 10 units for tne Art Center. City Engineer Cook explained that the staff looked at the design of the Art Center ' s current septic system which is designed to handle 1, 800 gallons. Cook stated that they then converted that number of the equivalent residential units which turned out to be 7 units for the main building, 1 unit for the old school building, and 2 units for future expansion. Councilmember T. Adams pointed out that 7 units for the main building is based on their current septic system which may be more than they need. Councilmember L. Adams asked staff if they know of the Art Center' s current water usage. City Engineer Cook explained that it is impossible to calculate the water usage of the Art Center without a water meter. Curtis Quady of 1223 Brown Road South felt that the Council should not assign the minimum units to the Art Center but should consider the future and allocate enough units to prepare for the future use of the Art Center. ` MINUTES OF THE REGUI.�R ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 6 Councilmember Grabek asked how the MWCC recommends 20 units for the Art Center. City Engineer Cook stated that the MWCC doesn' t consider the use of the building, but assesses units by square footage and how many people can fit in a classroom. Cook noted that if a building has a kitchen in it they assess many units just for that. City Administrator Bernhardson noted that the Art Center is in the process of negotiating �aith the MWCC through Jo Ellen Hurr and trying to get that unit number reduced. Bernhardson noted that Hurr is pursuing the matter to have the MWCC justify the 24 units , and therefore such number could be subject to change. Councilmember L. Adams felt that even 10 units may be too much for the Art Center and that 7-8 sounds more feasible. Judy Christensen of 1251 Brown Road South felt that the Council should not pick numbers out of the air. Marion Gray, Art Center representative, noted that the Art Center is lucky if 30 people a day visit the gallery. Gray noted that the NWCC' s calculations do not take into account the actual use of the center. Gary Printup of 1261 Briar Street asked the Art Center representatives if they have had their septic system back up or the tanks pumped this spring. Marian Gray stated yes the tanks were pumped. Gray noted there are no washing machines or shower facilities in the Art Center. Eve Drummond of 2160 Prospect Avenue argued that the Art Center is being used more than the representatives are indicating. Drummond stated that she has had her own driveway blocked at times from cars that use the Art Center. Mayor Butler closed the public hearing at 8 : 06 p.m. Councilmember L. Adams felt that he needed more information to help arrive at the number of units that should be assessed. Adams felt it may be less than 10 units. Adams asked if the City could estimate the water usage. Councilmember T. Adams felt that there must be a rational approach to determine the number of units for the Art Center. Councilmember Grabek felt that if the City is going to assess , the Art Center based on capacity, then the City should also determine exactly how many people can live in one home and � that more sewer units might be needed for some of the larger ' MINUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 7 homes that have the capacity for a larger family. Grabek noted that staf f ' s recommendation f or 10 units f or the Art Center seems logical since staff allowed for 25$ future expans�on of the center. Grabek felt that he could vote on the 10 units for the Art Center tonight based on the information received. Grabek felt that staff should work with the MWCC regarding the difference in units from 24-10 . Councilmember L. Adams felt that the MWCC is considering the Art Center as a school used to its maximum capacity. Adams stated that staf f should work with the MWCC to resolve the differences in the number of units that should be assigned to the Art Center. Mayor Butler asked if the Council should see an appraisal of the Art Center before making its decision on the number of units to be assessed. City Attorney Radio stated that it would be appropriate for Council to see an appraisal before making the assessment to the Art Center. Councilmember Grabek moved, Councilmember L. Adams seconded, to include the Art Center in the Crystal Bay sewer project. Motion, Ayes (5 ) , Nays (0 ) . Councilmember Grabek moved, Councilmember Frahm seconded, to assign 10 units to the Art Center based on staff calculations and the City Engineer ' s recommendations . Vote on the motion was delayed pending further discussion. Councilmember Frahm asked to make an addition to the motion that staff work with the MWCC and get a new determination on the 24 SAC charges they wish to assess . Councilmember Grabek felt this should be a separate motion. Councilmember L. Adams felt that the Art Center is being penalized for having a better septic tank system than their water usage and that a smaller number of units should be assigned. Adams stated that he needs more information before making a decision. Mayor Butler agreed with Councilmember L. Adams regarding the unit assignment to the Art Center. Councilmember Frahm noted that the water usage cannot be determined on the Art Center without water meters. Public Works Coordinator Gerhardson stated that a water meter could be placed on the well but noted that the exact size water meter may not be in stock and the City would have to order one. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 8 Assistant Zoning Administrator Gaffron noted that there are two separate wells serving the Art Center. Councilmember �rabek noted that placing a water meter on the well would only tell the City how much water the Art Center uses in two weeks . Grabek felt that would not show the water usage when the Art Center holds their special shows , exhibits, classes , etc. Grabek noted that he doesn ' t want to assign 10 units if it is not appropriate, but what he is hearing is that the Art Center is a commercial concern and they have potential growth. City Engineer Cook stated that staff could have the MWCC' s data by the next Council meeting. Marion Gray, Art Center Representative, notedfor the record that the 1 , 800 gallon system is based on 800 students at the Art Center and current enrollment is 300 students. Gray noted that she doesn't foresee any incline in the enrollment. Motion, Ayes ( 2 ) , Nays ( 3 ) . Mayor Butler, Councilmembers L. Adams and T. Adams voted nay. Councilmember L. Adams moved, Councilmember T. Adams seconded, to direct staff to submit documentation on May 28 , 1985, regarding an estimate of the water usage and rationale on how many units that should be assessed to the Art Center and additional information regarding the sewer connections assessment of 24 units on the part of the MWCC. Motion, Ayes (3 ) , Nays (2 ) . Councilmembers Grabek and Frahm voted nay. APPROVAL OF MINUTES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the minutes of the regular council meeting of April 22, 1985 . Motion, Ayes (4 ) , Nays ( 0 ) . PARR COMMISSION COMMEATTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS Planning Commission Representative McDonald was present but had no comments . PUBLIC COMMENTS Roger Ramstad, attorney, was present representing Larry and Connie Kane of 2697 Casco Point Road. Roger Ramstad reviewed with the Council the Lorge lot in which Lorge sued the City and was allowed to build a new home on Casco Point Road. Ramstad stated that Lorge entered into an agreement with the City in which he agreed that there would be no agravation of the existing drainage problems , as though it was anticipated that there would be some drainage problems. Ramstad noted that he as written to the City several times, once on May 3 , 1983, in which the City responded to his letter assuring him that there would be no agravation of the existing drainage problem. Ramstad MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 9 explained that when the building plans were submitted to the City in December, 1984 , he wrote to the City indicating his concerns regarding drainage. Ramstad stated that the City wrote to the builder indicating what the builder was to do to ' avoid the drainage problems. Ramstad argued that the builder has not complied with any of the concerns with the City, and, consequently, this spring there is a severe drainage problem and has caused damage to the Kane ' s property. Ramstad noted that in addition there is a drainage problem around the home that is being constructed and that if a sm�ll child was to fall in that ditch that the child most likely would drown. Roger Ramstad mentioned that in the original agreement that the builder was to put a 12" PVC pipe back prior to December of 1984 . Ramstad stated that the drainage system has not yet 3�een installed. Ramstad asked the Council what they can do to get the builder to finish the project and install the much needed drainage system in order to avoid any courtroom battle. Ramstad felt that the City should enforce the agreement and require the builder to install the drainage system. Mayor Butler stated that the drainage plan was part of the ' accepted building plan. Roger Ramstad reported that there is a problem with the grading plan and felt that the grading elevations are not being adhered to by the builder. Ramstad asked the City to investigate into this matter. Mayor Butler noted a new sink hole on the driveway across the street that she suspects is a result of the lack of proper handling of the storm water on the Lorge lot. Butler noted that the Councilcouldforesee these drainage problemswhich was the original reason why they denied the variance. Councilmember Frahm noted that he hasn' t seen anyone working on the property for six months . Zoning Administrator Mabusth informed the Council that an underground drainage tile was broken and the water around the foundation is preventing themfrom working until they clear up that problem. Mabusth stated that she was informed by phone today that the MCWD has approved a temporary pumping system to pump water from that foundation so that work may begin again. Mabusth stated that the builder will be submitting an amended drainage plan that would include drainage from the broken tile within the next day. Councilmember Grabek moved, Mayor Butlerseconded, to direct staff to require the owner to make corrections and meet all new elevations and for staff to confirm if builder is adhering to grading elevations originally submitted in the grading plan by 3 : 00 p.m. by May 14 , 1985 . Motion, Ayes ( 5 ) , Nays ( 0 ) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 10 $883 GARY PRINTOP 1261 BRIAR STREET VARIANCE RESOLUTION #1754* Gary Printup was present. CouncilmemberFrahm moved, Councilmember T. Adams seconded, to adopt Resolution #1754 , A Resolution Approving A Variance to allow applicant to construct an addition. Motion, Ayes (4 ) , Nays (0 ) . #876 RANDY ASPLUND 3424-3444 EASTLARE STREET VARIANCE DENIAL RESOLUTION Randy Asplund was not present. Mayor Butler suggested tabling the application until the applicant can be present. �895 T.M. CROSBY 1240-1260 BRACRETTS POINT SUBDIVISION RESOLUTION #1755 T.M. Crosby was present. Councilmember L. Adams moved, Councilmember T. Adams seconded, to adopt Resolution #1755 , A Resolution Approving a Metes and Bounds Subdivision of a Lot Line Rearrangement for Thomas Crosby. Motion, Ayes ( 5 ) , Nays ( 0 ) . �897 CHUCR PETERSON 825 OLD LONG LARE BLVD PRELIMINARY SUBDIVISION Chuck Peterson and Ward Krueger were present. Assistant Zoning Administrator Gaffron reviewed with Council the proposal of the applicant to subdivide a 4 . 4+ acre parcel . Councilmember Frahmasked staff if each lot has 2 acres of dry buildable. Frahm asked this because hefelt there are some wetlands on the property. AssistantZoning Administrator Gaffronfelt that the area in question is dry buildable but stated that staff would again check the area to see if it should qualify for wetlands . Gaffron also noted that testing for an alternate drainfield site for the existing house had not yet been completed. Mayor Butler moved, Councilmember Frahm seconded, to table the Peterson application until May 28 , 1985 Council meeting in order to allow staff extra time to confirm the area in question, whether it is dry buildable or wetlands. Motion, Ayes (5 ) , Nays ( 0 ) . �901 KARL JOHNSON 3393 CRYSTAL BAY ROAD VARIANCE RESOLUTION �1756* Councilmember Frahm moved, Councilmember T. Adams seconded, to adopt Resolution #1756 , A Resolution Denying an After-the Fact Variance. Motion, Ayes (4 ) , Nays (0 ) . MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 11 #903 WARD FERRELL 3405 WATERTOWN ROAD ZONING APPEALS Ward Ferrell was not present. Building & Zoning Administrator Mabusth noted that the applicant has requested that the application be tabled until May 28 , 1985 . Mayor Butler moved, Councilmember Frahm seconded, to table the Ferrell application until May 28 , 1985 . Motion, Ayes (5 ) , Nays (0 ) . �905 DENNIS THOMPSON 250 OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT RESOLUTION #1757 Dennis Thompson was not present. Councilmember Frahm moved, Councilmember L. Adams seconded, to adopt Resolution #1757 , A Resolution Approving A Conditional Use Permit to allow a guest house apartment. Motion, Ayes (5 ) , Nays (0 ) . #907 JAMES BIGHAM 1545 LONG LARE BLVD VARIANCE RESOLUTION �1758 James Bigham was present. Assistant Zoning Administrator Gaffronreviewed with the Councilthe applicants proposalto construct an addition to his home. Gaffron noted that the applicant replaced his septic system in November, 1984 . Gaffron stated that no alternate drainfield site exists on the property and that if the new system fails a holding tank would have to be installed. Gaffron noted that with Bighams proposal a future 8 member family could move into the home and the current septic system might not be able to handle such an intense use. Gaffron noted that Bigham has not met some of the requirements in Resolution #1600 regarding drainage and retaining walls. James Bigham stated that the requirements could not be met because of the weather and the f rozen ground. Bigham stated that he will fulfill the requirements as soon as possible. Councilmember Frahm stated that there is a drainage problem on theproperty already. Frahm expressed concernfor adding on additional hardcover and noted that the septic system cannot handle any future family larger than Bighams . James Bigham explained that the drainage problem does not come from his lot and that the drainage problem is caused by the lots across the street. Bigham noted that his lot serves as a drainage spot for others runoff . Bigham addressed the septic issue by noting that he could replace his septic system if needed in the same location as the septic system is currently located. Bigham noted if that does not work, then holding tanks would be installed. Bigham noted that he doesn't mind holding tanks and stated that he felt the whole neighborhood eventually will be on holding tanks . � MINUTES OF THE REGULl1R ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 12 Mayor Butler noted the finding of severe topographical problems on Bigham' s lot. Councilmember Frahm and T. Adams felt that the application was too intense for this property and that there is already enough hardcover on the property considering the current drainage problems . Councilmember T. Adams noted that with Bigham' s lifestyle the proposal might be alright, but if in the future a larger family moved into the home, then the current septic system would not be able to withstand a more intense use. Councilmember L. Adams moved, Mayor Butler seconded, to adopt Resolution #1758 , A Resolution Granting A Variance to permit the construction of an addition to his existing home, subject to staff amending the resolution that the applicant must meet all requirements of previous resolution prior to issuance of a building permit. Motion, Ayes ( 3 ) , Nays ( 2 ) . Councilmembers Frahm and T. Adams voted nay. #909 LOWELL ZITZLOFF 3542 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIL6+1 Lowell Zitzloff and Bruce Schmitt were present. Building & Zoning Administrator Mabusth noted that the Council has already granted a rear setback variance for the new construction. Mabusth explained that according to the code aseparate commercialsite plan reviewisrequired. Mabusth stated that Lowell ' s Auto Parts will occupy 4 , 179 sf of the building with the remaining 918 sf �o be occupied by a retail business or an expansion of Lowell ' s Auto Parts operation. Mabusth stated that Hennepin County is recommending closing off the eastern access. Mabusth reviewed with the Council the proposed access plan and overall commercial site plan. Mabusth noted 18 parking stalls will be required. Councilmember T. Adams asked City Administrator Bernhardson how the City of Edina handles landscaping with developers and what they do if the plantings die. Adams asked if the City of Edina had special provisions regarding the size of landscaping for commercial businesses. City Administrator Bernhardson stated that the City of Edina required the developer to post a bond assuring that if any plantings died, that the developer would replace the plantings . Bernhardson stated that Edina does not have special conditions regarding the size of landscaping. Councilmember T. Adams asked that staff look at the landscaping standards for the commercial uses and compose standards for commercial landscaping. Mayor Butler moved, Councilmember Frahmseconded, to approve thecommercialsite plan review of LowellZitzloff . Motion, Ayes (5 ) , Nays ( 0 ) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 13 MARINA COMMITTEE STATUS Assistant Zoning Administrator Gaffron reviewed with the Councilthat the Marina Committee meetingshave been delayed so that staff may investigate and inspect the marinas during their busyseason. Gaffronsubmitted asuggestion to change the Marina Committee so that two Planning Commission members serve and one Councilmember (automatic chairman ) make up the committee. After discussion, it was agreed that Councilmember Frahm should be the Council representative to the Marina Committee and Chair the committee. Councilmember Frahm suggested a new Planning Commission and a veteran member of the Planning Commission be appointed to the Marina Commmittee by the Planning Commission. Mayor Butler moved, Councilmember L. Adams seconded, to change the makeup of the Marina Committee to two Planning Commission members and one Councilmember, with the Councilmember being the automatic chairman, and adopt the new rules for the Marina Committee as outlined in staff ' s memo. Motion, Ayes (5 ) , Nays ( 0 ) . CITY ENGINEER'S REPORT City Engineer Cook introduced Mike Lynch and noted that he is working on the Crystal Bay sewer project. MAYOR'S REPORT Mayor Butler noted that she wi 11 not be able to attend the May 28 , 1985, Councilmeeting. Councilmember Grabek also noted that he will not be able to attend the May 28 , 1985 , Council meeting. City Attorney Radio noted that a 4/5 vote is needed to adopt the assessment role for the Crystal Bay sewer project. Mayor Butler also noted that she will not be able to attend the May 30 , 1985 , Board of Review meeting. Councilmember Frahm, who will be Acting Mayor at the May 30 , 1985 Board of Review, asked staff to try and reschedule the May 30 , 1985 Board of Review meeting to June 4 , 5 , or 6 , 1985 . CABLE T�7 REPORT Mayor Butler had nothing to report regarding Cable TV. TRANSPORTATION REPORT City Administrator Bernhardson updated the Council on the County Road 15 project. WAYZATA COMMUNITY EDUCATION APPOINTMENT — LEESEE MYER City Administrator Bernhardson noted that an Orono representative has not been appointed to the Wayzata Community Education for 5 years. Bernhardson noted Leesee Myer has submitted a letter requesting to be appointed to such a position. MINUTES OF THE REGU7�R ORONO COUNCIL MEETING flELD MAY 13, 1985 PAGE 14 Mayor Butlermoved, Councilmember Frahmseconded , to appoint Leesee Myer to the Wayzata Community Education subject to a her reporting back to the Council and updating Council on the Board ' s action. Motion, Ayes (5 ) , Nays ( 0 ) . WEST HENNEPIN HUMAN SERVICES BOARD OPENING City Administrator Bernhardson noted the Jean Kotteman just ' resigned from the West Hennepin Human Services Board and that there is now a two member vacancy. Councilmember L. Adams suggested that Orono advertize these openings in the newspaper in order to solicit candidates to fill the vacancies. RESOLUTION �1762 BOND SALE RESOLUTION CRYSTAL BAY PROJECT ASSESSMENT City Administrator Bernhardson recommended that the Council adopt the bond sale resolution for the Crystal Bay project assessment. Mayor Butler asked Finance Director Kuehn what the interest rates are currently at. Finance Director Kuehn noted the interest rate is under 9�, but that this percentage may not be what the bonds are sold at. Councilmember Frahm moved, Councilmember Grabek seconded, to adopt Resolution #1762 , A Bond Sale Resolution. Motion, Ayes (5 ) , Nays (0 ) . CRYSTAL BAY SEWER PROJECT ASSESSMENT City Administrator Bernhardson explainedthat given thefact that the total number of units to be assigned has not been decided, staff recommends tabling the approval of the assessment roll. Councilmember Grabek moved, Councilmember T. Adams seconded, to table the project assessment spread until the May 28 , 1985 , Council meeting or June 10, 1985, if there is not a quorum at the May 28th meeting. Motion, Ayes ( 5 ) , Nays (0 ) . SERVICE OF APPEALS Russ Sorenson, attorney, was present representing 67 Crystal Bay residents . Sorenson served the Mayor with 69 parcel appeals. Curtis Quady of 1223 Brown Road South asked why the City is only being assessed 5 units when they own 9 parcels of land. City Administrator Bernhardson stated that staff will investigate into the matter. MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 15 RESOLUTION �1759 ESTABLISHING ICMA PROGRAM City Administrator Bernhardson presented three resolutions in order to exclude him from PERA. Bernhardson explained that in 1979 or 1980 the state legislature passed a law which gives a City Administrator the option to be excluded from PERA because of the nature of the profession. Councilmember L. Adams moved, Councilmember Grabek seconded, to adopt Resolution #1759 , A Resolution Establishing a Deferred Compensation Plan. Motion, Ayes (5 ) , Nays (0 ) . RESOLUTION #1760 ELECTION OF ADMINISTRATOR FROM PERA Councilmember L. Adamsmoved, Councilmember Grabekseconded, to adopt Resolution #1760 , A Resolution Approving Election of Mark E. Bernhardson to be excluded from the Public Employees Retirement Association. Motion, Ayes ( 5 ) , Nays (0 ) . RESOLUTION #1761 AUTHORIZING AGREEMENT WITH ADMINISTRATOR RELATING TO DEFERRED COMPENSATION Councilmember L. Adams moved, Councilmember Grabek seconded, to adopt Resolution #1761, A Resolution Authorizing Agreement with City Administrator Relating to Deferred compensation. Motion, Ayes (5 ) , Nays ( 0 ) . RECOMMENDATION FOR CITIZEN COMMENDATION City Administrator Bernhardsonreviewed with the Councilthe two robberies within the City of Orono in which several citizens assisted the police department. Bernhardson asked the Council if they would like to adopt a resolution for a citizen commendation and present it in person. Mayor Butler stated that the citizens certainly deserve a commendation but that the citizens may wish to remain anonymous rather then have their names released to the public. Butler suggested that staff write a letter asking each citizen their preference. EXPANSION OF 4TH TEE ORONO GOLF COURSE Public Works Coordinator Gerhardson explained that from the Crystal Bay sewer project extra fill will be left over in which staff proposes to expand the #4 tee at the Orono Golf Course. Gerhardson explained that the #4 tee receives rainwater runoff from Orono Orchard Road which causes erosion of the tee. Council concensus was to allow staff to expand the 4th tee at the Orono Golf Course as proposed in staff ' s memo. � MINUTES OF TF�E REGULAR ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 16 PROPOSED STRUCTURE CHANGES TO POST OFFICE ,City Administrator Bernhardson noted that the City received a letter from the United State Postal Service requesting the City of Orono to correct certain energy def iciencies at the CrystalBay post office. Bernhardson noted that the postal service will reimburse Orono for all reasonable costs . Mayor Butler moved, Councilmember L. Adams seconded, to approve the proposed corrections of the energy deficiencies at the Crystal Bay Post Office with the understanding that the postal service will reimburse the City for all reasonable costs . Motion, Ayes (5 ) , - Nays (0 ) . SPRZNG HILL CONFERENCE CENTER OPEN HOUSE City Administrator Bernhardson noted that the Spring Hill Conference Center has extended an invitation to the City of Orono to attend their open house in celebration of the recent additions to the center. Bernhardson noted that the open house will be held on May 18 and 19 . HIGHWAY 12 CORRIDOR REPORT City Administrator Bernhardson noted that JohnShardlow will not attend this meeting tonight and summarized Shardlow' s comments. Bernhardson explained that Shardlow feels that the nature of any outcome of the project will result in a Comprehensive Plan amendment which could cost around $18 ,000-26 ,000 . BOARD OF REVIEW City Administrator Bernhardson noted that he will try to reschedule the Board of Review meeting scheduled for May 30 . Bernhardson noted that the notice may have already been published in the paper inwhich the date could not be changed. REQUEST FOR EXECUTIVE SESSION City Administrator Bernhardson requested that an Executive Session be held after the regular Council meeting has been adjourned. EMPLOYMENT TEMPORARY PART TIME - LIQUOR STORE - BLARE THIES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the temporary part-time employment of Blake Thies for the Liquor Store at a rate of 4 . 25/hr. Motion, Ayes (5 ) , Nays (0 ) . TF.MPORARY EMPLOYMENT ORONO GOLF COURSE* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the temporary employment of Doris Gallo for the Orono Golf Course as counter helper at a rate of $3 . 85/hr effective May 14 , 1985 . Motion, Ayes (5 ) , Nays ( 0 ) . MINUTES OF THE REGUL�R ORONO COUNCIL MEETING HELD MAY 13, 1985 PAGE 17 LEAGUE OF MN CITIES ' CONVENTION* Councilmember Frahm moved, Councilmember T. Adams seconded, to acknowledge tlie information received regarding the League of MN Citie's Convention. Motion, Ayes ( 5 ) , Nays ( 0 ) . CITY ATTORNEY'S REPORT STATUS REPORT ON 130 CYGNET PLACE City Attorney Radio updated the Council regarding the violations at 130 Cygnet Place. Radio explained that no progress has been made to correct the violations at 130 Cygnet Place, even after extending the deadline date for the property owner. Councilmember Frahm moved, Councilmember Grabek seconded, to direct staff to begin criminal proceedings against the owner at 130 Cygnet Place. Motion, Ayes ( 5 ) , Nays ( 0 ) . LICENSES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the following licenses : Art Center of MN - One day setup permit Art Center of MN - One day setup permit Hayes Excavating - Septic System Installers License Jerry Johnson Excavating - Septic System Installers License Woodlake Sanitary Service - Garbage Haulers License R & W Sanitation - Garbage Haulers License Motion, Ayes (5 ) , Nays (0 ) . BILLS* Councilmember Frahm moved, Councilmember T. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (5 ) , Nays ( 0 ) . ADJOURNMENT 11:03 Mayor Butler moved, Councilmember Grabek seconded , to adjourn the regular Council meeting at 11 : 03 p.m. and enter into executive session. Motion, Ayes (5 ) , Nays ( 0 ) . ATT T: . Do othy M Halli , City Clerk M r . tler, Mayor Thomas M. Frahm, Acting Mayor , Planning �ommission Council _ , PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE S�✓�S PLEASE FILL OUT THE INFORI�IATION REQUESTED BELOW FOR OUR CITY RECORDS. NAP7E OR NUMBr�R NAME (please print) ADDRESS PRESENT FOR (from agenda) , 1 • � � �� ?�� ,��-- ,�� s..��,e. -C'-7� ,Z c�lc.� ,/u_ L�.� � 2 . f� :ht� i � � i 3 . � �: D 6 O � I S �-1 c.� � 4 . �� Q� �� l'u� �/S 5. /� � ,., ,�i�' C� r�� i 6 � I zS� ,6-ul„�--eJ�-�.c,.� C�u- 1/�- � Q � � 7 , /oZ�/ .�- 1�- s . U rt � 3 r�o � l 9 ��e L H c� . 10 . ��...P �, / /6`' 1 i . � � � � f� �.,--P /X i � I Z � • / �,�k�t�C2 �S/ __ f �- � -�' l S��3 13 . l z So ,�2� f , ti �4 . �'Y��.�-� /) 3v GU,�� '�- / s i s. _� ��/ ,�.- ' ' � �l S �� 16 . �� S�- �i-o w•-• /2� y�- l � 17 . Q c� vs `� I S � is . } � � S N 19 ` � � � r � 2 '1,� U,,�,,' I�i c-�-ec� �'�oa�-v �',t,� �L�� , , Planning �ommission Council , , . PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE � 3� D� � - PLEASE FILL OUT THE INFORI�IATION REQUESTED BELOW FOR OUR CITY RECORDS . NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) _ � f J �t.v.,�iti e l . z . � � �s D �Y>l�- ) 1� 3 . �7 �,�p �e G✓K. Z� �� ✓v'�s 4 . b1`�"� �'�'�' �� \ � 5 . �c� ,�rHE� �z� z ,f��.�� S'r_- � 6 . '� � , � 13`7 5 grnw„ , .So, 7 . i1/u� Lt/ �•�� . � ��v l� �v- 8 . �.�,��,�, a-1 � 9 . ^ /� 9 S sP.2/.s�.��: 10 .� � �✓ � � � /�� " C�� 11 . a - 12 . < < �a? . "�� ' 3 . �4tiSit�� R� . 13 . G q•.� �iv2 I C r�t / L o•v c L/�k - s s s�,� a �c S w�.C��Y 1-�11, �d 14 .�� c�,,, W ,�, t,, n��v ,,;� 5/ , 1 s. , � ��- 3��D � tc�.. �n, i 6 . % � ��e � /,�.�� ,-�-�-G. �:�i�� -� v CI,S ��" 3�-�� ,�,s�� v�, i� . � , a-�� . 18 . ��cS � �C� 0( �� ad �� ' ? 19 . (�o � �, �.uvD l. � . 2 0 . � � 1 C. l,4 M-w1��'�, . , Planning �ommission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE � 3� �� PLEASE FILL OUT THE INFORI�lATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) � . " ,�1�� ,� �a � r� - z . -` ' �s�.s� /.�� I 3 . � Tz/ot� 6 3� � y`�; . /� 4 �'llC� J�C��'Ii /2� u,v� ��'T� B/ry� �/� s . .(z90 ��w-2.�fi� ��r � i � � �� 5 s� ._,_t- � 6 . n.�2..,�—t�. � — S 7 . 8 . 9 . 10 . 11 . . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . =.RT MCE��1T[fZ C)I- �111�'l.tiOI :\ !!•7;1 \OI�llltifiOI�I_ I)I�I\'L. C f�l'til:\I. I�:\l . .\11\\[COI:\ _ii3_'.3/I(�l?1 a73-73(,1 , � 4,r:r}, _ � . �y��fi;.. ��`i� �~l }4 � �� May 9, 1985 - City of Orono Post Office Box 66 Crystal Bay, rLti. 55323 Re : Art Center of Minnesota Sanitary Sewer Improvements Project No. 85-2 Dear Ladies and Gentlemen: The Art Center of Minnesota is writing you regarding the proposal which . is on the Orono City Council agenda for Monday, ?:ay 13, 1985, with regard to assessin g the Art Center of Minnesota property for sanitary sewer improvements under the Piinnesota special assessments laco. Your p roposal is to assess our property identified as 2240 North Shore Drive referred to as "Art Center of Minnesota West and our property at 2180 North Shore Drive referred to as "Art Center of Minnesota East". It is our understanding that this Project 85-2 is to be done in conjunction with your Crystal Bay sanitary sewer Project 85-1. We hearby inform you that it is our belief that a sanitary sewer improvement project is not necessary for our facility and we do not wish you to construct it. Further, we catagorically object to the assessment of our property for the sanitary sewer project in the amount of $97,300 or for any other amount. We understand that you have assigned ten "units" at a cost of $9,730 each in arriving at your total assessment for the Art Center of Minnesota properties of $97,300. The property which you propose to assess is described as the East 474 feet of the North 459 feet of Gove rnment Lot 5, Township 117, Range 23 West, Nennepin County, tiinnesota, and is otherwise identified on your map attached hereto as "Art Center of Minnesota". To summarize, we object both to the construction of the easement and to your assessment of our land for it. Respectfully submitted, ART CENTER OF rfINNESOTA. �� ' . ' �./ C/�- -z�/:�C�; �t. ,,. /.�� Kathe rine W. Harder President