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HomeMy WebLinkAbout01-11-1999 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 City Administrator Ron Moorse administered the oath of office to Mayor Gabriel Jabbour and Council Members Richard N. Flint and Bob Sansevere. ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint and Bob Sansevere. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, City Engineer Tom Kellogg, Public Services Director Greg Gappa, City Clerk Lin Vee and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:05 p.m. ( 91) Recognition - Council Member J. Diann Goetten - Resolution No. 4219 Kelley moved, Peterson seconded, to approve Resolution No. 4219, a Resolution of Appreciation to J. Diann Goetten for Distinguished Service as a City Council Member. VOTE: Ayes 5, Nays 0. Mayor Jabbour expressed his gratitude and appreciation to former Council Member J. Diann Goetten is for her contributions to the community. He presented her with a plaque. 1] Ms. Goetten thanked the residents of the community for supporting her over the years. ( #2) Introduction of the Newly Elected Officers of the Long Lake Volunteer Fire Department. Long Lake Fire Chief Steve Persian introduced the Newly Elected Officers of the Long Lake Volunteer Fire Department: Assistant Fire Chief Tim Justice, Safety Officer Tony Roe, Captain Steve Schmidt, President Mike Thompson, Lieutenant Brad Roehl, and Lieutenant Mark Warden. ( #3) CONSENT AGENDA Items 11 and 16 were added to the Consent Agenda. Kelley moved, Flint seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. Page 1 3 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 APPROVAL OF MINUTES ( *#4) REGULAR MEETING OF DECEMBER 14,1998 Kelley moved, Flint seconded, to approve the Minutes of the Regular City Council meeting of December 14, 1998, as submitted. Vote: Ayes 5, Nays 0. ( # *5) SPECIAL MEETING OF DECEMBER 30,1998 Kelley moved, Flint seconded, to approve the Minutes of the Special City Council meeting of December 30, 1998, as submitted. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Irene Silber, Representative Commissioner Irene Silber stated that next month the Council will receive the design for the Dickey Park property for which one possible name is Seven Nations Park. The Park Commission is considering the March for Parks program again this year, but they want Mound and Long Lake to participate. 0 She stated that the sledding hill and warming house are open. The ice at Casco Point is good. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative • None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - FINAL SUBDIVISION APPROVAL Jean Mork Bredeson, the applicant, was present. Senior Planning Coordinator Mike Gaffron presented the staff report. He stated the Park Dedication Fee will be $10,021.On December 14, 1998, the City Council concluded that the developer will not be required to post financial security for future service road construction, as long as a formal agreement is executed in which the owner of Lot 1 waives his/her right to appeal the special assessment for such road. Also on December 14, Council requested that the landscape plan for the Service 800 project be compared with the approved Otten brothers landscape plan to ensure some 0 Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - continued degree or consistency along Highway 12. The Otten plan has about one tree per 60 feet of frontage on Highway 12. The Service 800 plan has about one tree per 29 feet of frontage. The subdivision code calls for shade trees and the applicant is proposing two shade trees and three spruce trees. The plan is acceptable to staff. At the December 14 meeting, Council also suggested that the property could be rezoned to B -4 to reflect the intended office use of the site which would limit its potential for future retail uses. The applicant is willing to comply with this suggestion. The Minnehaha Creek Watershed District will consider the stormwater management plan on January 14. Gaffron reviewed the Highway 12 access issue. On January 7 staff was informed by Rich Kiemen, contractor for the office building project, that Mn/DOT has denied the permit for the access across from Brimhall, apparently due to the sharp right turn entrance into the site. Mn/DOT will approve the existing curb cut and only for a right - in/right -out access. A title opinion delivered to staff on January 8 contains an easement granted to Rebers by Otten in July 1997 over a portion of Otten's property, for the express purpose of bringing an access further up the west side of Outlot E. This is the first knowledge staff has had of such an easement. Mn/DOT saw this easement in 1997 and reacted favorably to it because it provides adequate access to both Otten's property and Outlot E, avoids a sharp right turn into Outlot E, and accesses directly into Otten's site. The developer had met with Mn/DOT, but the fact that such an access design needed to incorporate the Otten easement and • a longer entrance drive to meet Mn/DOT's approval was not passed on to Orono, and was apparently not made clear to Bredeson in her discussions with Mn/DOT. As a result, the site was designed with an access that Mn/DOT will not approve. Also, in order to approve the Brimhall access, Mn/DOT would require reconstruction of the median to create an eastbound left -turn lane, a cost that Mn/DOT would expect someone else to bear. Gaffron stated that the applicant is proposing a right - in/right -out access centered on the property rather than at the westerly corner. Mn/DOT has stated they will approve a right - in/right -out access. Unfortunately, a right - in/right -out access does not meet Condition 1 of the Preliminary Plat Approval Resolution which states: "Lot 1 shall be allowed direct access to U.S. Highway 12 only if the applicants are successful in relocating their existing access to Highway 12, by obtaining an access permit from Minnesota Department of Transportation (Mn/DOT) permitting access over the triangular parcel of land owned by Mn/DOT across from the intersection of Brimhall Avenue and Highway 12. Any direct access to Highway 12 which is not directly opposite Brimhall Avenue will not be allowed." The applicant's proposal for a right - in/right -out access clearly does not meet this condition. Gaffron stated that Condition 2 of the Preliminary Plat Approval said that the right - in/right -out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on a permanent basis. The left- in/left -out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on an interim basis. At such time as a frontage road is installed to the rear to provide alternative access to Lot 1, the City shall have the right to terminate the right - in/right -out access at Brimhall Avenue upon payment of just compensation and the right to terminate the left - in/left -out access at Brimhall • Avenue without payment of any compensation; provided that Lot 1's access to Highway 12 will not Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA • BOULEVARD - continued be terminated unless the Highway 12 accesses of the other parcels served by the frontage road are similarly terminated. He said that Orono was fully intending not to allow the existing curb cut to have a right - in/right -out and was fully intending that this would be a temporary situation until, at some point in the future, there was a service road. Because of lack of design of the site to accommodate Mn/DOT's intended use of this access location, Orono is being asked to accept the right - in/right -out access. The problem with a right - in/right -out access is that it forces U -turns for traffic on Highway 12. Staff feels the right - in/right -out access will work for this use, but it is not a recommended design. If staff and the developer had known that Mn/DOT was expecting the access to come up to the middle of the site, the site would have been designed in a different manner. Gaffron stated that Exhibit B -2 contains the developers' suggested resolution language to make the right - in/right -out access approved on a permanent basis. Gaffron asked the Council to review the accessissue. Jean Mork Bredeson stated Mn/DOT had given them preliminary approval of the original design, but the person they were working with has since retired. Rich Kiemen stated that Mn/DOT's traffic safety people approved the existing curb cut. Kelley asked if the building could be located on the east side of the property instead of the west side. is Bredeson responded that the project would have to be totally redesigned. Jabbour stated he feels Mn/DOT does not want the left turn lane. He does not think there will be a frontage road along the rear of the property. Kelley agreed with Jabbour. He questioned which access would be the safest. Jabbour asked if the re- zoning will affect the Council's decision. Flint asked what Mr. Otten's and Mr. Rebers' positions are on the matter. Steven Pflaum stated that he represents Mr. Rebers. He said he knows that Cliff Otten was amenable to the original access and that Sid Rebers could go along with either plan. Flint stated that Cliff Otten would be amenable because it would give him an additional access point to the property. Pflaum stated that Otten has two accesses to his property. The road to the west is a right -in only for customers. Further east there is a utility road for service vehicles only. Peterson asked if Mn/DOT is firm on the right - in/right -out access. • Page 4 0 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2.190 WAYZATA BOULEVARD - continued Gaffron stated Mn/DOT has indicated they will not make any changes to accommodate anything except the right - in/right -out access. Kelley stated he feels Mn/DOT should allow the original access to line up the intersection and allow a left turn. He asked if the building could be moved toward the north property line. Bredeson said no, that the site was also designed to accommodate the utilities. Sansevere asked about the separation from the adjoining building. Bredeson said there would not be very much separation if the building is moved. Kiemen said Mn/DOT is willing to stripe the road to provide the right turn lane. Jabbour stated the right - in/right -out access will put an undue burden on the residential roads due to vehicles circulating to get into the property. He believes U -turns are prohibited at the traffic lights. Sansevere asked if the driveway could be located more to the left. Jabbour suggested moving the parking to the side of the building where the access is proposed. Bredeson stated that the grading plan and all the engineering would have to be redone. Jabbour asked how a vehicle would go to the east from the property. Kelley responded that you would turn right, go to Brimhall and make a U -turn. Peterson asked if there is access to the property from the east. Gaffron responded the only access is through the Wear property which has gas tanks located on it. Van Zomeren stated she believes the gas tanks are no longer in operation. Flint stated the Mn/DOT solution is a good one. He questioned whether the easement is expired. Barrett responded that the easement has been renewed. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - continued Flint stated he would not be in favor of the developer paying for a left turn lane. Kiemen stated he understands that to be Mn/DOT's intention. Moorse stated that neither Mn/DOT nor Orono would pay for the left turn lane. He believes the right - in/right -out access will cause conflict and confusion. He stated that the frontage road would provide access and that future development in the area will cause a hardship. Bredeson stated that a left -hand turn would not be safe either and that people will not try to make the left -hand turn when traffic is heavy. Jabbour stated that the frontage road would have been a good solution, but that is not planned right now. Flint stated that he does not like the frontage road concept because it is not attractive to the residents in that area. Kelley stated that eventually Brown Road will have a stop light and an alternative would be to build a dead -end frontage road that leads to Brown. • Flint stated that the residents in Sugar Woods would not like that. Bredeson suggested that the right - in/right -out access be allowed until an alternate access is developed. Sansevere asked if staff had any recommendation. Gaffron stated that an access from the rear would be good. The right - in/right -out access is not a good option and neither is the left turn. Sansevere asked if the landscape plan changes with the right- in/right -out access. Gaffron stated the landscape plan would have to change. Kiemen stated the quantity of trees would stay the same, but the configuration would change. Jabbour stated he wants more detail and does not want to design the project at a Council meeting. e Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • 00 #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - continued Gaffron stated the plans came in very late, but the applicant wanted to present the revised proposal. He said the Council has the option to table the matter. Moorse stated that the applicant wanted to get direction from the Council on whether the right - in/right -out access is feasible. Sansevere asked if moving the building is an option. Bredeson stated there would be approximately $125,000 in redesign and other costs and she has a June 1 deadline or she will lose a large contract. She stated the additional costs could make the project infeasible. Jabbour stated that all along the City, the owner of the property and the neighbor were planning the access on the side of the building across from Brimhall. Bredeson stated that all the plans proceeded on the assumption that Mn/DOT would approve their original plan. . Peterson asked if Gaffron has had any conversations with Mn/DOT regarding the access. • Gaffron stated he spoke to Mn/DOT on January 8, but not prior to that time. Gaffron stated that staff had no knowledge of the existing easement on Otten's property. Jabbour polled the Council regarding the access. Kelley stated he is in favor of the access across from Brimhall. Peterson stated she is in favor of the temporary right - in/right -out with a stipulation that it be closed if the rear frontage road is put in. Flint stated he favors the access across from Brimhall, but he wants staff to contact Mn/DOT to see if Mn/DOT would approve the original access proposed by the applicant. Sansevere agreed with Flint that staff should contact Mn/DOT regarding the original plan. He favors the right - in/right -out access if there is no other option. Jabbour said he favors the original plan as submitted by the applicant. He does not feel it is realistic to expect the frontage road will be put in. If a frontage road is going to be considered, all of the neighbors must be notified. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA • BOULEVARD - continued Kelley moved, Sansevere seconded, to table final subdivision approval for 2190 Wayzata Boulevard for further discussion. VOTE: Ayes 5, Nays 0. ( #7) #2426 GEORGE STICKNEY, 4XX WILLOW DRIVE SOUTH - FINAL PLAT APPROVAL - RESOLUTION NO. 4220 Elizabeth Van Zomeren presented the staff report. She stated that the applicant has fulfilled all the conditions set forth in the preliminary approval resolution. The applicant is proposing to divide the property into two lots. The preliminary plat resolution was drafted with language that would require a park dedication fee of $9,550. She pointed out that with respect to stormwater management issues, staff used the language from the City Engineer's letter for Condition 1 regarding phosphorous loadings. Condition 2 states that access for each lot shall have adequate site distance from the high point on Willow Drive and the driveway access shall be reviewed and approved by City Engineer. The applicant is asking the Council to reconsider the park dedication fee as it was drafted in the preliminary plat resolution. Mr. Stickney is proposing that he pay a park dedication fee of $4,900 at this time and an additional $4,650 if he fails to build a house on the second lot within one year. George Stickney, the applicant, was present. George Stickney stated that he purchased the land as a subdivided property and if a house was • g Y P already located on one of the lots, the park dedication fee would only be $4,900 for the one additional lot. If he would delay this application for six months and build his house first and then split the parcel, he would only pay one park dedication fee. Jabbour stated that the Park Dedication Fee Ordinance was recently revised. Flint reviewed the history of the Park Dedication Fee Ordinance. He feels the applicant has the ability to affect the fee by building his home before proceeding with the subdivision. Stickney stated he has already sold the second lot and cannot delay the subdivision. He is willing to pay the second fee if he does not build his home within one year. He does not feel the fee is fair to him. Jabbour stated the question is whether the impact on the parks is growing by one house or by two houses. He feels that by subdividing a lot, an additional burden of one house is created. Sansevere asked for staff's interpretation. He stated that one park dedication fee of $250 has been paid. He asked if that could be looked upon as the full park dedication fee for one of the lots. Moorse stated that the $250 is applied as a credit, not a full payment for one lot. • Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 0 ( #7) #2426 GEORGE STICKNEY, 4XX WILLOW DRIVE SOUTH - continued Flint said the park dedication fee ordinance states that if you subdivide one large lot into four lots, you pay four park dedication fees and receive a credit for the previously paid fee. If the first subdivision had occurred under the new ordinance, his predecessor would have paid a lot more money when the existing lot was created so the credit would be a lot more. Kelley feels the applicant should be assessed one park dedication fee for one lot. Sansevere agreed with Kelley. He feels that if a $250 park dedication fee was previously paid, it should be grandfathered in as one of the fees for the two lots. City Attorney Barrett said that the $250 paid as a park dedication fee at the time of the subdivision which created the lot he now seeks to subdivide, gives him a right to build a house on that land. The City's interpretation of the ordinance has been that if there is no house, then his further decision to subdivide again and create two new houses, gives him only a credit and not a right to a bye on one of the lots. Stickney feels that as the owner of one parcel splitting off one lot, there should be a different interpretation than for a developer who is developing eight or ten lots. . Barrett said another issue is which lot gets the credit when two lots are created, one very expensive lot and one less expensive lot. Flint asked if there is a precedent for this matter. Moorse stated there is no precedent under the new ordinance, only the old ordinance. Sansevere asked the applicant which lot he wants to pay the park dedication fee on. Stickney said he is going to dwell on the larger lot. Peterson moved, Sansevere seconded, to direct staff to amend Resolution #4200 to reflect a park dedication fee of $4,900 and to prepare a new resolution approving the plat of Willow Knoll, File No. 2426. Flint asked what the Council is going to do with the park dedication fee for larger developments. Will they be allowed one free lot that will not be assessed a park dedication fee? Sansevere stated it would not be free because a park dedication fee has already been paid on this property. . Flint stated that most of the property in Orono has had at least one subdivision sometime in the past. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #7) #2426 GEORGE STICKNEY, 4XX WILLOW DRIVE SOUTH - continued • He asked how many lots would be assessed a park dedication fee based on past precedent. Jabbour stated that if this motion is approved, it is Council's direction to staff that if at any time a park dedication fee has been paid on one particular parcel, that person will not be required to pay a park dedication fee for one lot when it is further subdivided. If a park dedication fee has never been paid in the past, the fee will be assessed on all the lots. Van Zomeren stated her understanding is that if a lot with a house on it is being divided into four lots, the previous fee would be credited for the lot that has the house and the three new lots would be assessed the fee. VOTE: Ayes 5, Nays 0. ( #8) REQUEST FOR REFUND - #2372/2377/2388 WYATT & NANCY MOE,1230 SPRUCE PLACE - VARIANCES, LOT LINE REARRANGEMENT, STREET/PARK VACATION, AND VACATION OF PORTLAND PLACE Gaffron presented the staff report. Dr. Wyatt Moe has requested a refund of certain fees related to rearranging the lot lines at 1220 Loma Linda and 1230 Spruce Place as well as City payment of approximately 1/3 of his surveyor bills. Staff is recommending that the $300 fee for the vacation of • Portland Place be refunded, on the basis that this fee and application would not have been necessary had the City proceeded'properly in its 1978 -79 vacation action. Dr. Moe submitted to the City a copy of his surveyor bill and requested that the City pay $969.84 of the bill. Gaffron stated that the City has incurred approximately that same amount in engineering and legal costs for his applications and absent more detail as to what he feels the City should pay for, staff does not support City payment of any part of the $969.84 surveyor bill. Gaffron stated he talked with Mr. Moe on January 8 and that Mr. Moe did not plan to attend the Council meeting and he will accept the $300 refund. Jabbour moved, Flint seconded, a motion to authorize a refund of $300 to Dr. W. Wyatt Moe for Portland Place Vacation application #2388. VOTE: Ayes 5, Nays 0. MAYOR AND COUNCIL REPORT ( #9) STAFF /COUNCIL COMMUNICATION Jabbour said that the issue of employees bypassing the chain of command was raised during the Council's special meeting to evaluate the City Administrator. The Council would like staff to have an open door policy, but there should be a proper method for addressing concerns raised by City employees regarding the administration of the City. Moorse has prepared a memorandum on the recommended method and communication channels for addressing concerns raised by City employees regarding the administration of the City, including a method to deal with "whistle . Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 0 ( #9) STAFF /COUNCIL COMMUNICATION- continued blower" issues. Jabbour would like the memo communicated to all City staff. Flint feels the policy should be followed and it is an efficient way to run an organization. Kelley stated he supports the policy. Sansevere concurred with Kelley. Jabbour asked Chief Cheswick if he had reviewed the memo. Chief Cheswick stated he did review it, he supports the policy and feels that a chain of command is very important. Moorse stated the policy was discussed at a staff meeting. Jabbour proposed that an ordinance be drafted which states that any information given to City staff or a Council member become public information and be given to the City Administrator to be shared with all City Council members and the appropriate department head. • Sansei ere recommended staff be informed that any letters they pass along to the Council will be given to the City Administrator. is Jabbour stated the City policy should be summarized in a handbook for City staff. Kelley asked how the ordinance would affect litigation. Barrett said the data privacy act would apply. Kelley said he wants to make it clear to the citizens that there are documents that would not be public. Jabbour stated it is very important that information be shared with all the Council members. Sansevere clarified that any complaints from residents or staff members should be forwarded to the City Administrator. Jabbour stated that the Council adopted a form that is to be completed by the City Administrator when a complaint is received. The City Administrator routes the form to the appropriate City staff for action. The form is to be sent back to the Council members informing them of the action taken on the complaint. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #9) STAFF /COUNCIL COMMUNICATION- continued Dave Peterson stated he feels information of this type should be the City's records, not public records. Jabbour stated that there is very little information that is not public. Dave Peterson said there should be some discretion on what is public, disciplinary actions for example. Jabbour stated some issues fall under the data privacy law. Barrett stated that letters received by the City Council members are not public documents. If a letter goes to the City, within certain constraints, it is a public document. Jabbour said he wants to make sure all the Council members are kept informed. Kelley asked if staff feels the City needs another ordinance on this issue. Moorse said the "whistle blower" issue should be addressed and the chain of command procedure should be included in the administrative policy. Jabbour asked Moorse to draft an ordinance. • ( #10) ANNUAL APPOINTMENTS - RESOLUTION NO. 4221 Jabbour recommended that Kelley be appointed Acting Mayor, the Lake Use Committee be eliminated from the list, Flint be appointed Liaison to the Watershed District, Sansevere be appointed Liaison to the Cable Commission, Kelley and Peterson be appointed representatives to the Long Lake and Mound Fire Departments, and Peterson be appointed Legislative Liaison to AMM. Jabbour proposed the addition of a committee consisting of the Chair of the Park Board, two council members, and Rick Meyer, a resident, to approach the cities of Mound, Spring Park and Minnetonka Beach regarding vacation of the Dakota Rail line and turning it into a trail. Kelley concurred and suggested the committee get input from the residents along the Luce Line trail. Jabbour stated he has found out that the Dakota Line is in disrepair. Flint and Sansevere said they are willing to be on the committee. Jabbour stated he will start discussion with the other cities and then he will withdraw. i Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • ( #10) ANNUAL APPOINTMENTS - RESOLUTION NO. 4221- continued Kelley questioned the purpose of the Community Development Committee. Gaffron stated that the PUD review process requires the Community Development Committee. Kelley questioned how Thomas Kuehn, Finance Director, can make appropriate investments if he can't deviate from the list of Official Depositories and Investment Vendors. Flint said he does not understand why the Council is being asked to approve the institutions on the list of Official Depositories and Investment Vendors when they have no knowledge of the institutions. Jabbour stated the City has an investment policy. Kelley stated the institutions must meet the criteria of the investment policy and the Finance Director has discretion to invest the City's funds. Flint suggested that the Finance Director come to the next Council meeting and explain the appointment/designation of the official depositors and investment vendors. • Jabbour asked if the Council could approve the appointments with the exception of the Official Depositories and Investment Vendors. Moorse said yes, but the City probably has funds in most or all of the institutions at this time. Sansevere said if the Council approves the list, the City is not mandated to keep funds in those institutions. Jabbour feels the list should be approved. Flint said he is willing to approve the list if the Finance Director comes to the next meeting. Kelley moved, Peterson seconded to adopt Resolution No. 4221 Designating Selected Appointments for the Year 1999 as amended. VOTE: Ayes 5, Nays 0. MAYOR AND COUNCIL REPORT - continued Kelley asked if the Council would have a chance to consider the new name for Dickey Park. Jabbour said yes. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 MA FOR AND COUNCIL REPORT - continued Sansevere said he understands that the Orono Police Department has defibrillators in two squad cars, but there are often three or more squad cars on the road. He would like a defibrillator in every squad car that is on the road. He believes the cost is $2,000 or less for a defibrillator. Jabbour stated this matter should be referred to the Chief of Police. Jabbour stated a meeting is being arranged with the Fairview Covenant Church regarding access to the Saga Hill Park Area. He talked to Paul Larson about the piece of land next to Tonka Ventures. Jabbour asked the City Administrator and the Public Works Director to do something about the property west of Tonka Ventures regarding encroachment into the wetlands. Jabbour asked if the City could prevent someone from granting an easement without informing the City. Barrett said the City cannot prohibit someone from granting an easement unless the property is subject to land use restrictions. ENGINEER REPORT ( * #11) REQUEST FOR PAYMENT, COUNTY ROAD 6 - HENNEPIN COUNTY COOPERATIVE PROJECT Kelley moved, Flint seconded, to approve request for payment of $17,274.18 to Hennepin • County for the County Road 6 reconstruction project storm water management costs. VOTE: Ayes 5, Nays 0. ( #12) OLD CRYSTAL BAY ROAD SCHOOL ZONE SPEED LIMIT - RESOLUTION NO. 4222 Gappa presented the staff report. The Orono School District asked the City to review the existing 40 mph speed limit, and the establishment of a school zone speed limit for Old Crystal Bay Road North in the vicinity of the school district campus. An engineering and traffic study was prepared to document the need for a school speed zone. By state statute, the speed limit could be reduced to 20 mph. Staff's recommendation is that a 25 -mph school speed limit when children are present is appropriate for Old Crystal Bay Road North. Kelley stated he would rather have the sign read the hours that school is in session rather than "when children are present". He feels that "when children are present" is too subjective. Gappa stated that the language is from the Minnesota State Statute. Kelley feels strongly that a time limit should be on the sign. He said this area is more than a school zone and it is used at all times of the day and night all year. 0 Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • ( #12) OLD CRYSTAL BAYROAD SCHOOL ZONE SPEED LIMIT - continued Gappa said that police would have some discretion as to when to issue a ticket. Kelley thinks 40 mph on that road is too high. Peterson asked if he wants it to be posted 25 mph 24 hours a day. Sansevere said it is a small stretch of road and he could approve 25 mph 24 hours a day. Jabbour said there is a procedure to follow to set a speed limit. Gappa said that in order to lower the speed limit, a speed study must be conducted to get Mn/DOT's approval. The school speed zone allows the City to lower the speed limit without getting Mn/DOT's approval. Gappa said that a permanent 30 mph speed limit is appropriate for that road. The school zone speed limit would help reduce the speed for a speed study. Kelley recommended there be at least two or three signs on each side of the road. Gappa stated that the signs can be equipped with flashing lights that can be activated at certain times. • Peterson moved, Flint seconded, to adopt Resolution No. 4222 Establishing a 25 -MPH School Zone Speed Limit on Old Crystal Bay Road North. VOTE: Ayes 5, Nays 0. ( #13) OLD CRYSTAL BAY ROAD TRAIL HIGHWAY 12 CROSSING - Mn/DOT LIMITED USE PERMIT Flint stated he would like the Highway 12 Design Review Committee to talk to Mn/DOT about the Limited Use Permit. He is concerned about provisions 13, 14, 16, 17, 19 and 20. Kelley asked if this piece of trail is in the Highway 12 right -of -way. Gappa said yes. Kelley agreed with Flint. Gappa said this is a standard permit form that Mn/DOT uses. Flint suggested that Tom O'Keefe be asked to review the permit. Jabbour stated he would like to find out how Hennepin Parks has dealt with this in the past. Jabbour asked how the plans for the new school building are progressing. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #13) OLD CRYSTAL BAYROAD TRAIL HIGHWAY12 CROSSING - Mn1DOT LIMITED USE • PERMIT - continued Gappa said that the plans will be reviewed by the Planning Commission in March. Flint asked about the status of the bike trail contract for the north side of County Road 6. Kellogg responded that the plans are being completed and the intent is to bid the project in early March. Flint stated that the City staff should keep track of the progress of this project. Kellogg distributed plans for the Ferndale Road reconstruction project. A public information meeting will be held at the Plymouth City Council Chambers on February 4, at 6:30 p.m. The contract will be awarded in April. Jabbour stated he is proud of the way the Ferndale Road project has been handled. CITY ADMINISTRATOR'S REPORT ( #14) PARK COMMISSION APPOINTMENTS Moorse stated the terms of Andrew McDermott and Irene Silber on the Park Commission expired • on December 31, 1998. Both have expressed an interest in serving an additional term on the Park Commission. Kelley moved, Flint seconded, to approve the reappointment of Andrew McDermott and Irene Silber to additional three -year terms on the Park Commission beginning January 1, 1999 and ending December 31, 2001. VOTE: Ayes 5, Nays 0. ( #15) SELECTION OF DATE FOR 1999 LOCAL BOARD OF REVIEW MEETING Flint asked if this meeting could be combined with a regular Council meeting. Jabbour stated the review meeting would last too long and it is a two meeting process. Jabbour moved, Sansevere seconded, to establish April 28, 1999 at 7:00 p.m. as the date and time for the 1999 Local Board of Review meeting. VOTE: Ayes 5, Nays 0. ( * #16) COUNCIL LIAISON TO PARK COMMISSION AND PLANNING COMMISSION MEETINGS Kelley moved, Flint seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 1999. VOTE: Ayes 5, Nays 0. • Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • ( #17) ADOPT POLICY STATEMENT REGARDING YEAR 2000 (Y2K) EFFORTS AND APPOINT YEAR 2000 COORDINATOR - RESOLUTION NO. 4223 Moorse stated staff recommends adopting a formal policy statement regarding Year 2000 efforts in the City of Orono and a resolution appointing Lin Vee; City Clerk, to serve as the Year 2000 Project Coordinator. Jabbour stated that City staff will be on duty on New Year Eve's in case of a power failure. Peterson moved, Kelley seconded, to adopt the Policy Statement Regarding Year 2000 Efforts in the City of Orono and approve Resolution No. 4223 Appointing Lin Vee, City Clerk, as the Year 2000 Project Coordinator for the City of Orono. VOTE: Ayes 5, Nays 0. Jabbour questioned whether key vendors, such as investment institutions, will be asked for their Y2K plans. Vee said yes, she will be obtaining vendor plans. ( #18) EXTEND COMPREHENSIVE PLAN COMPLETION DATE - RESOLUTION NO. 4224 Moorse said the City is mandated to complete an update of its Comprehensive Plan and submit it to the Metropolitan Council. The due date was the end of 1998. Staff is suggesting a 6 -month • extension to June 30, 1999. Jabbour asked if staff can meet the deadline. r1 LJ Gaffron stated staff has re- organized their priorities and he feels they can meet the deadline. Kelley stated the school building is another big project that must be completed during the first six months of 1999 and there will be a tremendous amount of pressure placed on the Planning staff. Gaffron stated he is hoping to devote all of his time to the Comprehensive Plan by the end of January. Jabbour stated that $35,000 has been allocated for outside assistance on this project. Kelley moved, Sansevere seconded, to approve Resolution No. 4224 Requesting a Six Month Extension of the December 31, 1998 Date for Review of the City of Orono Comprehensive Plan for Consistency with Amended Metropolitan Council Policy Plans. VOTE: Ayes 5, Nays 0. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 ( #19) CHRIS FISCHER - APPOINTMENT TO REGULAR FULL -TIME POLICE OFFICER • POSITION Moorse stated that Chris Fischer was approved to become a temporary, full time police officer to fill in for Mark Thornton who has been on sick leave. As Mark Thornton is no longer employed by the City, Chief Cheswick is requesting Chris Fischer's status be changed to permanent, full time. Peterson moved, Kelley seconded, to approve appointment of Chris Fischer to a permanent, full time police officer at Step 2, full time pay rate of $15.12 per hour with full benefits, effective January 11, 1999. Peterson recommended that Thomton's service to the City be recognized. VOTE: Ayes 5, Nays 0. ( #20) SCHEDULE WORK SESSIONS Moorse explained the need for a series of Council work sessions. The consensus of the Council members is to meet every Thursday at 7:30 a.m. starting January 21, 1999. ( #21) 1999 CONSULTANT ENGINEER RATES Moorse stated these are the 1999 Consultant Engineer Rates for Bonestroo & Associates. The rates • for the various levels of staff are increasing in the range of 1.7% to 2.9 %. Kelley moved, Peterson seconded, to approve the 1999 consultant engineer rate schedule. VOTE: Ayes 5, Nays 0. ( #22) 1999/2000 POLICE OFFICER CONTRACT Moorse stated that a settlement has been reached with the police officer union regarding a contract for the years 1999 and 2000. For 1999, the wage increase is 3% and an increase of $16.50 per month insurance contribution. For 2000, the wage increase is 2% at January 1 and 1% at July 1 and a maximum increase of $15.00 per month insurance contribution. Kelley moved, Sansevere seconded, to approve the terms of the 1999/2000 police officer contract settlement, and to authorize the Mayor and City Administrator to sign a contract reflecting those terms. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett requested an executive session to discuss pending litigation. C1 Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • ( * #23) RESIDENTIAL KENNEL LICENSES Kelley moved, Flint seconded, to approve the following residential kennel licenses. VOTE: Ayes 5, Nays 0. D. Brian Fulmer 3505 Nest Wayzata Boulevard Irwin Jacobs 1700 Shoreline Drive Kenneth B. and Karen S. Rolland 4119 Oak Street G. James and Judith A. Spinner 940 North Arm Drive Patricia and Rene' Sternau 440 North Arm Drive ( * #24) BILLS • Kelley moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. 0 ADJOURNMENT Jabbour moved, Kelley seconded, to adjourn the meeting at 10:15 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabr 1 Jabbour, May Page 19