Loading...
HomeMy WebLinkAbout11-13-2007 Council MinutesCJ MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, No 13, 2007 7:00, o'clock p.m. ROLL The Orono City Council met on the above -mc James White, Council Members Jim Murphy, Attorney Soren Mattick; Representing Staff v Administrator for Long -Term Strategy Mike i Planner Evelyn Turner, City Engineer Tom K Mayor White called the meeting to order at 7: CONSENT AGENDA Item Nos. 10 through 16 were added to the Agenda. Murphy moved, Bremer seconded, to ap Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING Murphy moved, Bremer seconded, to ay October 22, 2007, as submitted. VOTE: LANNING COMMISSION COMMENTS — None PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT ned date with the following members present: Mayor McMillan, Cynthia Bremer, and David Rahn; City City Administrator Ron Moorse, Assistant City ion, Planning and Zoning Coordinator Melanie Curtis, gg, and Recorder Jackie Young. ►'clock p.m., followed by the Pledge of Allegiance it Agenda. Item No. 6 was removed from the Consent the Consent Agenda as amended. VOTE: Ayes 5, OCTOBER 22, 2007 the minutes of the Orono City Council meeting of 5, Nays 0. SCHWINGLER, REPRESENTATIVE 3. #07 -3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD - VARIANCE Gregg Graton with Lake Country Builders and James Zimmerman, Applicant, were present. Curtis stated this application was reviewed at the !August and September Planning Commission meetings. At the September Planning Commission meeting, the applicant brought two separate revised i PAGE 1 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (3. #07 -3305 LAKE CO UNTR Y B UILDERS ON BEHALF OF JAMES ZIMMERMAN, 2 745 SHADYWOOD ROAD, Continued) options forward. Both of these options generally met the direction given at the previous meeting. Only one of the Commissioners at the September meeting was in attendance at the previous meeting. Upon reviewing the applicant's revised proposal, the Commission generally felt that the applicant's request was unreasonable and discussed denial. The applicant was taken by surprise at this conclusion, and rather than having the application denied by the Planning Commission, requested their application be tabled. At the October Planning Commission meeting, the applicants again presented their revised options. The Planning Commission discussed the revised options with the applicant. The Planning Commission and the applicant wanted clarification on the fire marshal's requirements for driveway widths and other items. Additionally, the applicant brought up a number of potential solutions to address the driveway hardcover overage, specifically pervious pavers or grass pavers. The Planning Commission voted 5 -1 to recommend. approval of the request as long as the existing-hardcover level was not exceeded and resulted in a driveway configuration that the fire marshal would approve. The dissenting commissioner felt that the further encroachment toward the lake was excessive. r .• The applicant has provided revised plans which incorporate the driveway specifications required by the fire marshal. Due to removing the curve in the driveway, the applicant has provided a revised request for the garage portion of the home. The revision results in a straightening out of the garages, where previously the line of the house was more "stepped" to follow the curve in the driveway. This revision in the house footprint results in an additional 231 square feet of structural coverage changing the a percentage from 13.6 percent to 14.3 percent. Staff recommends denial of the lake setback variances as proposed as a further encroachment toward the lake is not reasonable. Staff is supportive of hardcover variances that do not result in an increase in total hardcover. Curtis noted the 120 -day application review period expires on November 18'b and that the applicant will need to provide a written request to extend it an additional 60 days. Zimmerman stated he has resided on the property for over 13 years, with the house being built in 1959. The residence currently consists of 2,900 square feet. The property contains a boathouse and the lot is considered nonconforming. The objectives for this project were to design something that was better for Lake Minnetonka and the environment, would be supported and embraced by the neighbors, would fit in and be appropriate for the site and the neighborhood, and would improve the value of the property. Zimmerman indicated he has worked with the DNR to develop their lakeside vegetation plan, and following that work a few years back, he has added a significant amount of shoreline vegetation to the property. With almost 600 feet of shoreline, rain gardens would be a significant benefit to Lake Minnetonka. The plan is also hardcover neutral, and with the incorporation of the rain gardens, would be significantly better for the lake. Zimmerman pointed out on the overhead the areas of the proposed rain gardens. Zimmerman indicated he has been in contact with all his neighbors, who are supportive of the project, and that he is not aware of any opposition by any of the neighbors to what he is proposing. The neighbors feel the plans are appropriate. The proposal helps to modernize the home and improve the PAGE 2 of 14 • • MINUTES OF THE ORONO CITY�COUNCIL MEETING Tuesday, November 13, 2007 7:00 O'clock p.m. (3. #07 -3305 LAKE CO UNTR Y B UILDAS ON BEHALF OF JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD, Continued) 1I value. Zimmerman noted the Planning Commis' ion voted 5 to 1 to recommend the plan as long as it stayed hardcover neutral. Zimmerman stated the area where he is proposing the deck is the most private, secluded spot on the lot and would be unobtrusive to the neighbors. Zimmerman displayed a picture of what currently exists at the rear of the house and the area where he would like to construct the three season porch. Murphy asked whether 40 percent or toughly half of the shaded area on staff s overhead is already hardcover and what the applicant is proposing toI do is trade structural coverage for hardcover. Zimmerman stated it is but noted that the majority of the hardcover consists of driveway, which amounts to approximately 60 percent of the total, hardcover. McMillan asked if the house would be totally gutted and exactly what construction would be done to the house. Zimmerman pointed out the existing kitchen and porch and explained that they are proposing to expand the house out to the porch, which would allow diem to enlarge the kitchen and add a bathroom on the main floor. Currently there is no bathroom on the main floor. In addition, the garage would be expanded to three stalls, with the entrance to the house being changed slightly. White inquired whether there is a basement to the house. Zimmerman stated there is not. McMillan asked whether the height of the structure would change. Zimmerman indicated the height of the structure i ould remain relatively the same. McMillan inquired whether the driveway would be pavers. i Curtis stated pavers would still be considered hardcover. Zimmerman indicated they have not really discussed what the driveway would be constructed of. Zimmerman stated each neighbor has an easement to use the driveway and that what is decided upon would need to be approved by the neighbors. Zimmerman noted his driveway has to be acceptable to accommodate emergency vehicles. McMillan asked how wide the deck would be. Graton indicated it would be approximately White inquired where the applicant currently his lawn equipment. • Zimmerman stated he stores some inside the house, some in the laundry room, and some in the garage. Zimmerman commented this addition would allow for some additional storage on the property. PAGE 3 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (3. #07 -3305 LASE CO UNTR Y B UILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD, Continued) Curtis stated the applicants have done a great job of maintaining the hardcover on the property and allowing for emergency vehicle access. White asked what the difference in hardcover is between the proposed driveway and what currently exists. Graton indicated there is approximately a 20 percent reduction in the driveway under what they are proposing. Rahn stated the major difference with the deck is the railing is being turned to face the point and that he does not have an issue with that. The larger issue is the further protrusion into the setbacks, noting that the structure is going from 24 feet to 21.5 feet in one setback and 35 feet to 25 feet in another setback, which he is not in support of. McMillan stated she agrees with the comments made by Commissioner Rahn. Bremer commented this lot is a challenging property and that any person who has lived in this house would be frustrated by the limitations of the lot and that in her view. this is a hardship lot given the very limited amount of buildable space on the lot. Bremer noted this lot was in existence prior to the laws regulating hardcover. Bremer stated if there was indeed an enclosed porch on the structure in the past, it is unfortunate the City does not have records to substantiate that. Bremer stated she likes the rain gardens that are being proposed and that she would make it a condition to add rain gardens on both sides of the driveway, which the applicant has indicated he is willing to do. Zimmerman stated he is willing to try to mitigate any negative aspect of the plan to make it more beneficial to the environment. The deck is proposed to come off the multi - purpose room and allows access into the house, which is also over existing hardcover. Murphy stated he would concur with the comments of Councilor Bremer and that this lot is one of the more unique lots on the lake and that the applicant is limited in what he can do. The fact that this plan is hardcover neutral and the structural coverage is below 15 percent, he is not troubled by what is being proposed for the most part. Murphy suggested some gutters and down spouts be considered to capture even more of the runoff prior to it hitting the ground. Zimmerman indicated they would be agreeable to adding the gutters and downspouts. McMillan stated in her view some of the second story balconies and decks help contribute to the massing and that a compromise would be to eliminate a portion of the second story. Zimmerman stated one component that would need to be considered is the visual balancing of the • structure but that they would be willing to look at reducing that. • White stated he also feels that a portion of the second story deck should be reduced. • Zimmerman indicated he is planning to reside in the house for a number of years. PAGE 4 of 14 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (3. #07 -3305 LASE COUNTRYB SHADYWOOD ROAD, Continued) White inquired what could be done to the Zimmerman stated in his view the best thing tha deck that is near the sliding doors off the master the house, they could look at using a different ty stated he is willing to add the gutters and downs, Bremer inquired what the width of the deck is. Graton stated the exact width is eight feet, nine i White stated he would like to see those changes McMillan inquired whether the portion of the de Zimmerman stated it would and that it would all, White recommended that neutral colors be used applicant to use subdued lighting on the outside. ON BEHALF OF JAMES ZIMMERMAN, 2745 story deck to reduce the size. could be done would be to leave just the portion of the )edroom on the rear of the house. On the front side of e of railing to reduce the visual impact. Zimmerman the decks made. on the front over the entry way would remain. them egress and ingress into the home office area. the exterior of the house and encouraged the Zimmerman indicated he is willing to do whatever he can to minimize the visual impact of the structure from the lake. - 1 Bremer moved, Murphy seconded, to direct S #07 -3305, Lake Country Builders on behalf of granting of hardcover and lake setback variai floor decks, that the deck off the master bedre doors, that the rain gardens be incorporated c providing a 60 -day written extension. VOTE — Rahn stated he would like to see a lessening of *4. #07 -3320 LUCINDA CHORLEY 1860 AND 1880 FOX STREET — PRELD ff to draft an approval resolution for Application ames Zimmerman, 2745 Shadywood Road, es subject to a clear railing be used on all second in be limited to the area outside the sliding glass both sides of the driveway, and the applicant Ayes 4, Nays 1, Rahn Opposed. encroachments. THE ESTATE OF WILLIAM L. WALDRON, RY PLAT — RESOLUTION NO. 5686 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5686, a Resolution Approving the Preliminary Plat for Properties Located at�1860 and 1880 Fox Street. VOTE: Ayes 5, Nays 0. 5. ' #07 -3322 ROBERT AND VARIANCE Robert Williams, Applicant, was present. Curtis stated the applicants are requesting var foot buffet setback as well as the front yard sf and a connection between the existing garage WILLIAMS, 845 WILLOW DRIVE SOUTH — from the required 50 -foot wetland buffer and 20- in order to construct a detached workshop building .e house. The subject property is a sliver of dry land PAGE 5 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. • (5. . #07 -3322 ROBERT AND JORDANNA WILLIAMS, 845 WILLOW DRIVE SOUTH, Continued) located adjacent to the north basin of French Lake, which is a large wetland body. This area is included in the Shoreland Overlay District and subject to hardcover restrictions. There is no lake setback impacting the property. The "Preserve" wetland classification will require a 50 foot buffer and a 20 foot buffer setback from the wetland boundary. Currently a home, detached garage, and two sheds exist on the property. The property owners would like to remove one of the existing sheds, which is located within the wetland boundary, and construct a new 30' x 30' detached workshop building. A proposal to construct a two -story connection between the existing house and detached garage is also included. Wetland buffer setbacks and front yard setbacks overlap requiring a variance for any improvement of this property: In response to the Planning Commission's comments, the applicants have revised their proposal slightly and have moved the workshop five feet closer to the road and have changed the configuration from a square to a rectangle, thus minimizing the encroachment into the wetland buffer area while maintaining the same square footage. The applicants are amenable to reducing the overhead door size to less than eight feet in width to avoid having to construct a driveway to the workshop. They have also agreed to work closely with John Smyth and Planning Staff to establish an appropriately sized buffer. Additionally, they have agreed to grant conservation easements over the wetland and buffer areas as well as comply with a buffer maintenance agreement. • The Planning Commission voted 6 -0 to recommend approval of the variance as requested per Staff's recommendation. Staff recommends approval of the variances. The applicants will be required to comply with John Smyth's recommendations regarding buffer establishment and maintenance; and be subject to the standard wetland buffer conservation easement and maintenance agreement prior to the issuance of a building permit for the new workshop. The applicants should be required to submit a revised survey meeting the City Engineer's recommendations as well as document the buffer areas to be established prior to final action by the City Council. Williams stated he has met with Planning Coordinator Curtis and John Smyth and that he has discussed some type of method to maintain that flat section of land. Smyth has recommended a short retaining wall of about 18 inches be constructed in that area, which he would like to add to his plan. Murphy commented this is a pretty straight forward application and that he does not have any issues with it. McMillan moved, Rahn seconded, to direct staff to draft an approval resolution for Application #07 -3322, Robert and Jordanna Williams, 845 Willow Drive South. VOTE: Ayes 5, Nays 0. Ll PAGE 6 of 14 U MINUTES OF THE ORONO CITYiCOUNCIL MEETING Tuesday, November 13, 2007 7:00 io 5 clock p.m. 6. #07 -3323 STRUCTURES Ur CHAMPLIN, 210 BIG ISLAND — V Ross Langhans, Structures Unlimited, was Bremer indicated she would recuse herself from Champlin. Rahn asked how the retaining wall has gone f. planner's report, to seven feet in some places. ON BEHALF OF JUDSON AND ALEYA — RESOLUTION NO. 5687 application because she personally knows Aleya 48 inches, as reflected in the minutes and the Langhans explained the retaining wall is required due to the septic work and that there is a portion where the wall may be seven feet high. Langhans indicated the wall has to be engineered and that they are confident that the wall would be of quality construction. Rahn stated normally the city engineer determines whether the wall is necessary Langhans stated to his understanding there is no standard limiting him to the 48 inches and that it is also his nderstanding there is a special condition regarding retaining walls for Big Island. Langhans indicated the retaining wall became necessary due to the work on the septic system. Langhans indicated he did attempt to change the grade in that area tol comply with the 48 inches but that it would require the removal of a large number of trees. . Murphy noted the last page in the Council packet shows the area that Mr. Langhans has discussed and that it appears the wall would be constructed up to the existing grade. Murphy recommended that the wall be high enough that the water not run over the wall and into the septic system or the corner of the house: Langhans stated it is their intent to construct the considered but would need to be dismantled if tl Rahn inquired whether the city engineer has proposed height. Langhans stated in his view the design of the account the contours of the grade, which has Murphy asked whether there is going to be any or without the retaining wall. Turner displayed the original plan that was propc needs to extend past the house is that a swale has the runoff. McMillan asked whether the swale has been Langhans indicated the swale has been • construction of the retaining wall. all up to the existing grade. A tiered wall was septic tank ever had to be removed. whether this retaining wall is necessary at the system was not a good design and did not take into I in the need for the retaining wall. that will go toward the corner of the house with i and explained that the reason the retaining wall be constructed as well as a tree removed to handle and that the only thing that remains to be done is PAGE 7 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (6. #07 -3323 STR UCTURES UNLIMITED ON BEHALF OF JUDSON AND ALEYA CHAIMIPLIN, 210 BIG ISLAND, Continued) Murphy asked if Staff is confident that the runoff will go to the lake and not go through the corner of the house. Turner stated Bones&oo has reviewed the plan and has indicated the end portion of the retaining wall is necessary as well as the swale to help divert the water away from the house. Kellogg stated in terms of the wall, 48 inches is the point at which engineering is required. Kellogg indicated a representative from his office unfortunately was not able to visit this site personally but that from the pictures, it appears the wall is required and that the only restriction they would require is that no soil be placed on top of the slope. With regard to the runoff going towards the corner of the house, the existing building is shown to be at 941.9', and at the side of the house - nearest the wall where the expansion would occur, two feet would be cut out, which would bring it to 940' and should eliminate any runoff to the corner. Kellogg indicated he is comfortable that the water would not run into the house with that change in elevation. • White noted this is an intensification of the use of an existing lot and that it is difficult for the City to provide adequate fire and police protection to this area. White commented it is likely that these lots on Big Island would continue to be improved and that the residents on Big Island need to be aware of the risks they are assuming. • McMillan stated in hindsight it would have been nice to have looked at different options for the septic system. Langhans stated in his view it was an inadequate design for the septic system and that the homeowner proceeded with the plan he was given when he purchased the lot and was not aware there were better options that could have been pursued. McMillan inquired whether the city reviews septic system designs. Curtis indicated the plan would have been reviewed by the city's septic inspector. Typically a survey is provided along with the septic system design but that the city's septic inspector more than likely not do a physical inspection of the lot. Gaffron commented it would be prudent to do a physical inspection of a lot prior to approving the septic system plan but that future planning of the lot typically is not taken into consideration at the time septic system permits are approved. - - Rahn moved, Murphy seconded, to adopt RESOLUTION NO. 5687, a Resolution Granting Variances for the Property Located at 210 Big Island. Murphy recommended the City devote some time at the Council work sessions to the future development of Big Island. VOTE: Ayes 5, Nays 0. PAGE 8 of 14 • MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 • 7:00 O'clock p.m. *7. #07 -3326 THEODORE SCHULTZE ROAD NORTH — VARIANCE AND CONDI Murphy moved, Bremer seconded, to adopt Variance for the Property Located at 744 Bi 8. #07 -3336 MARC ASHTON WITH R MITCH COOK OF CENTRAL BANK AND INVESTMENTS, STONEBAY OUTLOT A 8a. FINAL PLAT /GENERAL DE% 8b. LIMITED USE PERMIT FOR Larry Palm with LGL Real Estate Investments 3 MARY STEIL- SCHULTZ, 744 BROWN NAL USE PERMIT — RESOLUTION NO. 5688 DLUTION NO. 5688, a Resolution Granting a Road North. VOTE: Ayes 5, Nays 0. TERRANCE HOMES, LLC, ON BEHALF OF XY PALM OF LGL REAL ESTATE ZENT PLAN APPROVAL/REZONING WITHIN RIGHT -OF -WAY OF TH12 Mitch Cook of Central Bank were present. Turner stated Staff had anticipated that the letters of credit would be on file and the fees paid prior to the Council meeting, which have not occurred. Staff is requesting that the Council treat this application as if the resolutions were not before the Council tonight and that it is expected those requirements would be completed prior to the next council meeting, at which time the Council would be able to approve or deny the resolutions. Turned noted the applicants have made some sr. • Commission meeting but that the majority of th the Watershed District have been satisfied and t -that is under a portion of the parking lot, with d would eventually go into the storm water pond. reviewing this application on November 15". Murphy commented that it seems like the Coun buildings as compared to other projects. Murph design of the buildings more closely at a future Curtis stated the plan that is being presented ton approved. Murphy asked what involvement John Terrance Cook indicated John Terrance Homes would be property. tll corrections to the plans from the Planning items have remained unchanged. The requirements of applicants will be providing for an infiltration area inage being diverted into that infiltration area, which Curner noted the Watershed District would be . has not spent very much time on the design of the inquired whether the Council would be reviewing the int in time. is the plan that the applicants would like to have would have in this project. the plat because they are the owner of the Murphy noted the resolution states that Central Bank and LGL Real Estate are the developers and that John Terrance Homes is the owner. Murphy stated the City has had some issues with John Terrance Homes in the past and inquired whether Central Bank would be buying the property at some point in time. 1 Cook indicated they would be purchasing the property but that John Terrance Homes is the current property owner. PAGE 9 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (8. #07 -3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF MITCH COOK OF CENTRAL BANKAND LARRYPALM OF LGL REAL ESTATE INVESTMENTS, STONEBAY OUTLOT A -Continued) Murphy expressed a concern with the Council signing off on a resolution that lists John Terrance Homes as the owner if Central Bank will be purchasing the property. Mattick stated the property�owner has to sign off on the plat, which at the present time is John Terrance Homes, and that if the plan meets the City's criteria, that is the standard the City looks at. Murphy stated he would like it clear who the City will be dealing with in the future on this property and that he has a concern there will be issues on this project if things are not clearly specified in the documents. Mattick commented he understands the reservations of Council Member Murphy given the issues with the Stone Bay development but that the City would be receiving the required- letters. of credit prior to approval. Murphy stated he would like it to be very clear who the City can hold accountable if there are issues that develop on this project. • Cook stated the reason they have not closed on the property is that the purchase agreement is contingent . on Central Bank receiving final approval from the City. Cook indicated they are hoping to close on the • property the first week of December, which is subject to a couple of items being completed prior to that time. McMillan stated typically the City has reviewed samples of building materials on other projects prior to approval. Curtis noted the Council has reviewed the proposed building materials for this project at a previous council meeting. Murphy moved, Bremer seconded, to direct Staff to prepare a resolution entering into a limited use permit for a trail within the right -of -way of TH 12 for adoption when the permit document has been received from MnDOT. McMillan inquired who would be responsible for maintaining the trail. Murphy noted it would not be a county or state trail and questioned whether it would be a city trail. Gaffron stated to his recollection the developer is responsible for maintaining the sidewalks throughout the development and possibly the trails. McMillan stated in her mind the issue of maintenance is important and should be answered prior to final approval. Palm commented he is unsure why the fees on the lot he is purchasing would need to be paid prior to approval, noting that there is no intention to develop the western lot until they have a certain percentage • of tenants signed up. PAGE 10 of 14 • r� MINUTES OF TAE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (8. #07 -3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF MITCH COOK OF CENTRAL BANKAND LAR YPALM OF LGL REAL ESTATE INVESTMENTS, STONEBAYOUTLOTA -Continued) Curtis stated as part of the preliminary plat resoli to be paid prior to final plat approval. White inquired what amount is involved relating Cook indicated their fees add up to Palm stated with the letter of credit, it is over Turner stated in addition to the approval of the p construct the buildings and that the way the fees at the time of final plat approval. Palm stated as it concerns the letter of credit on Kellogg stated the applicant could provide three credit is calculated on their estimate of the costs. Curtis stated the required letter of credit for lot approval, the fees were outlined and are required fees. $137,000. M the applicants would also be receiving approval to structured in the resolution, the fees would be-due lot, in his opinion it is excessive. to their office but that typically the letter of is $500,920 and on lot two is $408,551. Palm stated they are required to post half a million dollars on a project that they will.not be starting until after the winter, which will force them to incur additional expense. Cook stated he was not aware of the fees until recently and that it is not as big of an issue for their lot as it is for the LGL lot since they will be starting construction s in the near future. Turner noted there are two types of SAC and WAC charges that are required and that one of the SAC and WAC charges is payments in lieu of assessments and the other SAC and WAC charges will go to the Metropolitan Council. I Palm indicated he is not questioning the amount White suggested the applicants make a proposal 1 would not be approved for another two weeks. Cook stated it was his understanding the fees woi Palm stated that has been his experience as well 1 White recommended Staff consider that proposal merely the timing of the payment. the city on the fees, noting that this application be due at the time the permit was issued. the City of Medina. the applicants. Gaffron stated after reviewing the development agreement, the interior street system, the sidewalks and the common areas are to be privately owned and maintained with the exception of the public trail • located along Willow Drive. The bicycle /pedestri an trail would be constructed by the developer in conjunction with phase one to ensure that the area intended for trail is not commercially developed, i PAGE 11 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 13, 2007 7:00 o'clock p.m. (8. #07 -3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF MITCH COOK OF CENTRAL BANK AND LARRYPALM OFLGL REAL ESTATE INVESTMENTS, STONEBAYOUTLOTA -Continued) which has not happened. The city is to be responsible for maintenance of the public trails upon their completion and acceptance by the City. Sidewalks along both sides of Kelley Parkway shall be provided by the developer as depicted by the developer on the approved plan sheets. Maintenance of the sidewalks within the right -of- way -of Kelley Parkway shall be the responsibility of the developer or the homeowner's association or commercial maintenance association. The City has responsibility for maintenance of the trails and the developer has responsibility for maintenance of the sidewalks. VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0 MAYOR/COUNCIL REPORT 9. HOUSING WEEK — PROCLAMATION White noted housing week was kicked off approximately two weeks ago in Wayzata and that he would _ like to challenge the city council to participate in the sleep -out fundraising event. He is planning to pitch a tent near the fire station in Navarre. • McMillan noted the last meeting of the Citizens Police Academy will be held this Thursday and that to • - date the sessions have been very informative. McMillan commended Orono's Police Department on the great job they are doing for Orono and the surrounding communities, and indicated the police officers have been very good instructors for the Citizens Police Academy. - . McMillan noted a promotional flyer has gone out recently on the City's organic recycling program. Bremer, on behalf of the City of Orono, thanked the veterans that live in Orono for their service to our country. Bremer stated she would also like to see the United States flag flown at city buildings, particularly on Veteran's Day. Murphy noted he has met with Commissioner Koblick recently on various issues facing Orono and that overall it was a very fruitful meeting. White noted he has met with representatives from the Three Rivers Park District, Hennepin County, and the Metropolitan Transit regarding planning for County Road 19 and the Navarre area. White encouraged the City to form partnerships to help with the future development of the Navarre area. Murphy moved, Bremer seconded, to adopt the City Proclamation of Housing Week, November 11 -17, 2007. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT None PAGE 12 of 14 is 0.- • MIlVUTES OF THE ORONO CITY COUNCIL MEETING 7' ,,e.,d0-iMenfty, November 13, 2007 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *10. LIQUIDATION OF DWI Murphy moved, Bremer seconded, to app . miles, through a sealed bid process with a *11. AUTHORIZATION TO PURCHASE ;D VEHICLES the sale of a 1995 Dodge Intrepid, with 105,221 mum bid of $350.00. VOTE: Ayes 5, Nays 0. SQUAD CARS Murphy moved, Bremer seconded, to approve the purchase of one 2008 Crown Victoria from Monticello Ford for $22,019 and two 2008 Dodge Charger squad cars from Nelson's Dodge -GMC in Fergus Falls for $21,949 each, plus tax, registration, and other miscellaneous fees. VOTE: Ayes 5, Nays 0. *12. PAYMENT NO. 1— POLICE FITNESS ROOM Murphy moved, Bremer seconded, to approve payment #1 in the amount of $30,000.00 to be paid to GDS Design and Build, Inc., for work that has been completed to date for the storage and physical fitness /training area. VOTE: Ayes 5; Nays 0. *13. HRA/FSA PLAN AMENDMENTS — Murphy moved, Bremer seconded, to adopt City of Orono Health Reimbursement Arrai Murphy moved, Bremer seconded, to adopt City of Orono Flexible Compensation Plan. *14. ROOF REPAIR QUOTES NOS. 5689 and 5690 UTION NO. 5689, a Resolution Amending the . VOTE: Ayes 5, Nays 0. UTION NO. 5690, a Resolution Amending the Ayes 5, Nays 0. Murphy moved, Bremer seconded, to accept the Option 2 quote from Dalbec Roofing in the amount of $44,800, for the replacement of the Iflat roofs at the city facilities campus, and to amend the Improvement and Equipment Outlay Fund to reflect the expenditure. VOTE: Ayes 5, Nays 0. *15. APPOINTMENT OF ADMINISTRA i VE SUPPORT ASSISTANT Murphy moved, Bremer seconded, to appoint Monica Fadness to the position of Administrative Support Assistant effective November 26, 2007, at the pay rate of $18.00 per hour, and that her pay rate be increased to Step 3 at six months and to Step 4 at one year, and that 40 hours of vacation leave be credited to Monica at the completion of six months, subject to satisfactory performance. VOTE: Ayes 5, Nays 0. 1 1 *16. ASSESSMENT OF HAZARDOUS B1 T LDING ABATEMENT COSTS —RESOLUTION NO. 5691 1 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5691, a Resolution Ordering Assessment of Hazardous Building Abatement Costs, in the amount of $5,753.50, to the property at 1245 Arbor Street. VOTE: Ayes 5, Nays 0 PAGE 13 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING �uesda} xp,— November 13, 2007 7:00 o'clock p.m. CITY ATTORNEY'S REPORT Mattick stated in his experience there are a number of cities that require the filing of a letter of credit and the payment of SAC and WAC fees prior to final plat approval. *17. LICENSES & PERMITS ° Gambling Premises Permit Renewal — Resolution No. 5692 1. Northwest Tonka Lions Club Narrows Saloon 3380 Shoreline Drive Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5692, a Resolution Regarding Gambling Permit Renewal for the Northwest Tonka Lions Club to Conduct Lawful Gambling at the Narrows Saloon Located at 3380 Shoreline Drive. VOTE: Ayes 5, Nays 0. *18. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Rahn moved, McMillan seconded, to adjourn the Orono City Council meeting at 8:53 p.m. VOTE: Ayes 5, Nays 0. There being no further business to discuss, the meeting was adjourned. ATTEST: Linda S. Vee, City -Clerk j2estrMayor47 PAGE 14 of 14 •