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HomeMy WebLinkAbout01-25-1999 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Bob Sansevere, Richard Flint, Charles Kelley, and Council Member Barbara Peterson was absent. Representing Staff were City Attorney Thomas Barrett, City Administrator Ron Moorse, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. ( #1) RECOGNITION - POLICE OFFICER MARK THOMTON - RESOLUTION NO. #4225 City Administrator Ron Moorse read a resolution recognizing Retired Police Officer Mark • Thornton's 13 years of service on the Orono Police Department. Kelley moved, Flint seconded, to adopt RESOLUTION NO. 4225, a Resolution of Recognition for Mark Thornton's Thirteen Years of Service on the Orono Police Department. VOTE: Ayes 4, Nays 0. ( #2) CONSENT AGENDA Item 19 was removed from the Consent Agenda. Items 7, 8, 9, 11, 13, 14, and 16 were added to the Consent Agenda. Sansevere moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *( #3) REGULAR MEETING OF JANUARY 11, 1999 Sansevere moved, Kelley seconded, to approve the Minutes of the Regular City • Council meeting of January 11, 1999, as submitted. VOTE: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 • PARK COMMISSION COMMENTS Sherokee Ilse addressed the City Council and reported that the warming house at the golf course is now open on Saturdays from noon to 4:00 p.m. Ilse stated that the Parks Commission is proceeding forward with plans on the tentatively named Seven Nations Park and will present cost estimates to the City Council at their next meeting. Ilse reported that the Parks Commission is still interested in the Eisinger property and noted that the owner of the Dog House has first rights to the property. Mayor Jabbour inquired if any time limit has been set for when the owner of the Dog House has to make a determination on whether to purchase the Eisinger property. Gappa stated it probably depends on the outcome of Highway 12 and the financing that the Dog House would receive from MnDot for relocation. Mayor Jabbour commented that the City should schedule a meeting with all the interested parties to discuss this issue. Mayor Jabbour stated that a meeting was held with Fairview Covenant Church to discuss the • access issue and that a meeting is being scheduled with the adjacent property owner to discuss that issue. Jabbour remarked that the City Council would like to have a decision on this issue by May. Kelley inquired whether the Parks Commission has heard anything from the School District on what their plans are for recreational facilities as part of the middle school building project. Ilse stated that the Parks Commission has not received any definite plans to date but that by the end of January they hope to have a better idea of what the School District's plans are. Ilse commented that this item is on the Parks Commission's February agenda. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. • • ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ZONING ADMINISTRATOR'S REPORT ( #4) SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - ACCESS UPDATE Jean Mork Bredeson and Rich Kieman, Service 800, Inc., were present. Gaffron stated that City Staff has been meeting with MnDot to resolve the access issue for this site. MnDot has stated they will not approve the access as proposed because the driveway is essentially parallel to Highway 12 while still in the right -of -way. MnDot will approve an access that heads northward in Otten's property, but this would require significant changes to the Service 800 site plan. Another option is that MnDot may look favorably on a reconveyance or turnback of the triangular portion of right -of -way and MnDot would transfer its right -of -way easement rights to the City. Gaffron stated Service 800 would like to begin construction on the site as soon as possible using the existing right- in/right -out curb cut on a temporary basis. Once MnDot approval is obtained for one of the proposed options, Service 800 will construct a new access across from Brimhall. Service 800 has submitted a revised site plan with parking against Highway 12 frontage rather than against the front of the building. • Gaffron stated under Option l Cliff Otten will request that MnDot reconvey the triangle to him, which would require him to acquire the underlying fee title to the triangle from the current fee owners. Otten would also pay MnDot the appraised value of MnDot's road easement. Staff will support this option with the following conditions: Otten must grant /dedicate to the City a 70' right -of -way corridor within the triangle across from Brimhall, extending from Highway 12 to the north line of the triangle, for use as a future public road, and is willing to grant to Service 800 an easement across the eastern portion of the triangle. Service 800 would then build a driveway access to Highway 12 within the easement and right -of -way corridor. Staff would like Otten to complete acquisition of the fee title from the Daniels' heirs within 30 days, and if this is not possible, Option 2 will be explored. Staff is anticipating a 60 day review by MnDot staff with six to nine months to finalize paperwork. Some potential pitfalls include higher acquisition costs for the land than Otten is willing to pay or MnDot staff may decide to retain their easement and deny the reconveyance. Option 2 involves the City formally applying to MnDot for turnback to the City of MnDot's easement over the triangle, based on the City's intention to have a future public road access at this location. The City can and will develop a section of road in the triangle, especially if required by MnDot in order for turnback to occur, to City specifications for one or more • users. This option requires additional discussion with MnDot in order to determine whether that road needs to be constructed before a turnback will be given to the City. The City will ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 0 ( #4 Sidney and Barbara Rebers /Service 800, continued) grant an administrative variance to allow the access driveway into the Service 800 site to be less than 100 feet from the intersection. Gaffron remarked that if Service 800 is allowed to start with a temporary access into the site, a fallback option is necessary, and that would be that Service 800 would be prepared to build a driveway across Otten's property to the northwest corner of the Service 800 site. Staff does not prefer this option, but this option may become necessary if the turnback and reconveyance options fail to gain MnDot approval. In order to make this option viable, Otten would have to grant Service 800 an easement to the northwest corner of their site, Service 800 would have to commit to building this driveway by establishing a letter of credit to cover the costs of driveway construction, with said easement and letter of credit being extinguished if Options 1 or 2 happen, and the City would have the ability to require construction of this driveway by a certain date if Options 1 and 2 did not ultimately happen. Gaffron noted that no formal resolution is before the City Council at this time, but Staff is looking for City Council approval to continue to pursue these options. Jean Mork Bredeson, Service 800, commented that if access is required at the rear of the • site, it will lower the value of the property, but Service 800 is still willing to pursue that option if necessary. Bredeson stated that Service 800 would like to continue to pursue the other two options. Rich Kieman, Service 800, stated they expect a decision fi-om MnDot within the next 30 to 60 days. Gaffron remarked for Option 2 to occur, MnDot normally requires that the road be constructed before a turnback is given. Mayor Jabbour commented that if the City is going to go forward with one of these options, the City needs to be assured that the temporary curb cut will eventually be closed. Jabbour noted if access is in the back, there is a concern with emergency vehicle access. Kelley stated he has a concern with Otten's lot and the potential for increased development along Highway 12. Kelley cautioned the City Council about not losing sight of possible development in the future on the land to the west. Kelley also raised concerns about possible stacking of automobiles on the extension to Brimhall to the north, and noted that Otten was required to construct his driveway a certain distance from the intersection. Sansevere inquired whether Service 800 had considered acquiring fee title to the triangular • ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #4 Sidney and Barbara Rebers /Service 800, continued) piece which would eliminate the need to utilize the Otten property. Bredeson stated that option has been discussed and that the triangular piece of property is more appealing to Otten's because it increases his property value. Flint inquired as to who would incur the costs of construction for these various options has been discussed. Gaffron stated the costs to construct a left -turn eastbound lane at the intersection would be incurred by Service 800. Kellogg commented that in his opinion this lane would cost approximately $8,000 to $10,000. Mayor Jabbour suggested that attorney fees also be included in the costs. Barrett stated that the City could require the Applicants pay any acquisition costs for a public road. • Mayor Jabbour commented that the City Council has a fiduciary duty to protect its citizens and the interests of the City. Bredeson noted that Option 3 does require that Service 800 provide a letter of credit to cover the costs of construction at no risk to the City. Mayor Jabbour remarked that steps need to be taken to insure that the letter of credit is renewed if this project extends beyond one year. Flint commented he has concerns about Options 1, 2, and 3 as outlined in the update dated January 25, 1999, and prefers Option 1 A as outlined in Gaffron's January 21, 1999 memorandum. Kelley agreed that Option 1 A may be the best solution. Bredeson commented to change the location of the building would cost Service 800 a substantial amount of money. Rich Kiernan commented that in his view the present location of the building is the best and that access across from Brimhall is the best option. • Mayor Jabbour commented that he will contact Cliff Otten tomorrow and inform him about what has been discussed at tonight's meeting. ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #4 Sidney and Barbara Rebers /Service 800, continued) Sansevere inquired how much the driveway is estimated to cost Bredeson stated it has been estimated it will cost approximately $75,000 to build a roadway the length of their north property boundary. Sansevere commented that it may be less expensive to relocate the building than to build a driveway to the rear of the property. Bredeson stated Service 800 has looked into that and they would like some additional time to continue to pursue their options. Kelley encouraged Service 800 to look at Option IA. Mayor Jabbour stated the record should reflect that the Applicant is requesting that this application be tabled to allow them additional time to pursue their options. Barrett stated a letter agreeing to the extension could be sent to the Applicant. Motion by Jabbour, second by Kelley, to table Application #2425, Sidney and Barbara • Rebers /Service 800, Inc., 2190 Wayzata Boulevard, per the Applicant's request. VOTE: Ayes 4, Nays 0. Jabbour requested that the City Council members consider what their position will be if the City is faced with vacating Outlot C. ( #5) #2443 GLENN UPTON, 3685 NORTH SHORE DRIVE This Application follows Item #10. ( #6) #2445 ROBERT GEHRMAN, 4300 SIXTH AVENUE NORTH- VARIANCE - RESOLUTION NO. #4226 Rich Ross, Morton Buildings, was present. Weinberger stated the Applicant has requested a variance to allow an oversized accessory structure on the property. The Applicant is proposing to construct a 36' by 77' pole -barn style building which will be attached to an existing 20' by 49' accessory building by a ten foot ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 • ( #2445 Robert Gehrman, continued) walkway. Weinberger stated a building permit was previously issued for this structure, and subsequently the Applicant inquired about connecting both structures with a 10' by 10' walkway. Weinberger remarked that the maximum allowed accessory structure on a lot larger than nine acres is 3,000 square feet. The total combined square footage of the old and proposed structures would be 3,852 square feet. Kelley inquired how much of this parcel is dry buildable. Weinberger stated he is not sure of the exact number but it would be under ten acres. Kelley inquired whether consideration has been given to the fact that a large accessory structure might be left should this property be subdivided in the future. Weinberger commented that unfortunately the amount of dry buildable land was not calculated, but in his opinion it would be approximately seven acres. Sansevere commented that aesthetically it would look better with a breezeway rather than Shaving the two buildings situated ten feet apart. Kelley commented that a variance is still needed to allow the accessory structure. Weinberger stated that a restrictive covenant would be required to be filed on the property stating that any future subdivision would require the accessory building to remain on the lot with the existing residence, or for a short time period the building could remain on a new lot. However, this lot does not have enough dry buildable land to be subdivided under the current zoning designation. Motion by Flint, second by Sansevere to approve Application #2445, 4300 Sixth Avenue North, and to adopt RESOLUTION NO. #4226, a Resolution granting variances allowing construction of an oversized accessory structure on the property with a maximum foot print of 3,8.52 square feet and to permit the structure to exceed the height of the principal structure on the lot. VOTE: Ayes 3, Nays 1, Kelley Opposed. *( #7) #2446 MARC AND SHERRY MASLOW, HAVING AN INTEREST IN 1890 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. #4227 • Motion by Sansevere, second by Kelley, to approve Application #2446, 1890 Shadywood Road, and adopt RESOLUTION NO. #4227, a Resolution granting a variance to permit ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 E ( #2446 Marc and Sherry Maslow, continued) construction of a 12' by 32' addition to the Lakeshore of an existing residence, a variance to the average lakeshore setback, and variances to the allowable hardcover in the 0 -75' setback as well as the 75-250' setback. VOTE: Ayes 4, Nays 0. *( #8) #2447 KEITH WATER ASSOC./KIRT WOODHOUSE, 885 FERNDALE ROAD WEST - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. #4228 Motion by Sansevere, second by Kelley, to approve Application #2447, 885 Ferndale Road West, and adopt RESOLUTION NO. #4228, a Resolution granting variances to side yard setback, Lakeshore setback, hardcover, and granting of a conditional use permit for fill in a flood plain. VOTE: Ayes 4, Nays 0. *( #9) #2448 KEITH WATER ASSOC./DOUG CARLSON /C. RAY, 780 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. #4229 Motion by Sansevere, second by Kelley, to approve Application #2448, 780 North Arm Drive, and adopt RESOLUTION NO. #4229, a Resolution granting variances to • permit construction of a screened porch addition to an existing residence located in front of the average Lakeshore setback and encroaching into the required 30 foot top of bluff setback. VOTE: Ayes 4, Nays 0. ( #10) #2450 GLEN GRONBERG, 325 WILLOW DRIVE NORTH - PRELIMINARY PLAT - RESOLUTION NO. #4230 Glen Gronberg, Applicant, was present, and Mark Gronberg, Architect, was present. Weinberger stated the Applicant is requesting preliminary plat approval for a two -lot subdivision of a 5.07 acre site located off North Willow Drive. The proposed area for subdivision is scheduled to be purchased by MnDot as part of the Highway 12 development plan along the existing railroad corridor with a stormwater pond being constructed over much of the subject lot. Weinberger stated the subdivision was originally approved in 1979, with an outlot being created for the purposes of serving as a driveway for the three lots. The driveway was built in 1988 at the time of construction of the residence. Resolution #1065 stated that the private driveway in Outlot A would serve a maximum of three residences within the Spruce Acres Subdivision. r� �.J ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 • ( #2450 Glen Gronberg, continued) The Applicants have submitted a revised plan which proposes to create a new outlot and to construct a private road joining the adjacent Outlot A within the Spruce Acres Subdivision, which would eliminate the need for a back lot. The private road would be required to be developed, including an 80' cul -de -sac platted at 100 feet in diameter, at the time Lot 1 would receive a building permit. The existing driveway arrangement would remain in place until that time. The Planning Commission recommended approval of the subdivision with the understanding that the property would be acquired by MnDot. Weinberger noted that the proposed septic sites have been inspected and both the primary and alternate drainfield sites meet all City and State standards, and the existing sites on Lot 2 are conforming systems and would not be impacted by the subdivision. The Parks Commission has reviewed this application at their January 4th meeting and have recommended the City collect one park dedication fee for one new lot. Weinberger stated the Applicant would need to develop a covenant for wetlands located within Lot 1 and the need to obtain the necessary approvals from the Corps of Engineers and Minnehaha Creek Watershed District before any alterations are approved. A road • maintenance agreement would also need to be entered into with the neighboring property owners prior to final plat approval. Mayor Jabbour questioned why a cul -de -sac was being required. Weinberger stated a cul -de -sac is necessary for emergency vehicle access and to service the four lots. Kelley inquired how much land MnDot will be taking. Gronberg commented that he is unsure at this time how much land MnDot will be acquiring. Mayor Jabbour remarked the City Council does not want to create a lot that does not have a proper septic site should MnDot decide not to acquire a portion of this land. Mark Gronberg stated there is some extra land available on each lot to play with. Mayor Jabbour commented that the septic systems are not a part of the right -of -way position. Mark Gronberg inquired whether the park dedication fee is necessary. • Mayor Jabbour stated he is in favor of the park dedication fee. ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #2450 Glen Gronberg, continued) • Mark Gronberg inquired whether the park dedication fee could be paid at the time the building permit, is issued. Flint stated the park dedication fee could go up if payment of the fee is delayed until the time the building permit is issued and that the City's ordinances require that the fee be paid at the time of final plat. Mayor Jabbour stated the park dedication fee is based on eight percent of the value of the land, and that the City's position is that the fee will not be waived unless some type of hardship is demonstrated. Gronberg questioned the requirements for the road. Kelley remarked that the road will not need to be built until the time the building permit is issued. Motion by Sansevere, second by Kelley, to approve Application 42450, 325 Willow Drive North and adopt RESOLUTION NO. #4230 granting preliminary plat approval. Mayor Jabbour stated the record should show that the primary and secondary septic sites are located outside the construction limits proposed by MnDot and should be fine. Gronberg inquired whether the City Council would be willing to vote on whether the park dedication fee should be waived until the time the building permit is issued. Mayor Jabbour inquired whether the City Council would be willing to allow the park dedication fee to be paid at the time the building permit is issued. Flint commented that in his opinion the ordinance requires that the fee be paid at the time of final plat approval. Barrett remarked that in his opinion the ordinance requires that it be paid at the time of final plat and that there could be some type of variance application submitted to have the fee paid at the time the building permit is issued. Mayor Jabbour commented in his opinion it would have a negative impact on the process if the park dedication fee is waived until the building permit is issued. Flint stated that the park dedication fee was considered and factored into the plat process. VOTE: Ayes 4, Nays 0. 10 0 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #5) GLENN UPTON, 3685 NORTH SHORE DRIVE - VARIANCE The Applicant was not present. Motion by Sansevere, second by Kelley, to deny Application #2443, 3685 North Shore Drive. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour stated the Watershed District is in the process of appointing two members to the District and would like the City of Orono to send a letter supporting Malcolm Reid for appointment to the Watershed District. Mayor Jabbour commented he has not had a chance to personally meet with him but has heard positive things about him. Flint commented in his view he should abstain from this issue. Mayor Jabbour noted that Malcolm Reid is a part of the same law firm as Flint. Kelley stated he would be willing to go along with the Mayor's recommendation. • Motion by Kelley, second by Sansevere, to direct City Staff to write a letter supporting Malcolm Reid's appointment to the Watershed District. VOTE: Ayes 3 -0 -1, Flint Abstained. Mayor Jabbour stated that he will be hosting a reception in honor of Diann Goetten's past service to the City on February 1 l th from 6:00 to 9:00 p.m., and that the members of the City Council are invited to attend. Sansevere thanked Ron Moorse for his efforts in following through on the donation of a defibrillator to the Police Department. Moorse stated the North Tonka Crime Prevention Coalition and the Long Lake State Bank have offered to split the cost of a new defibrillator, and that the Orono Police Department will eventually be getting an additional one when the Long Lake Fire Department updates theirs. The North Tonka Crime Prevention Coalition has also requested that the Orono Police Chief develop a list of items that are outside the normal budget to be funded by donations. Flint stated that he has spoken with Mr. Meyer about the ad hoc committee to deal with the Dakota Rail Trail and he is anxious to proceed with the committee. Flint suggested that someone be appointed to chair the committee. ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (Mayor /Council Report, continued) • Mayor Jabbour indicated that he has spoken with Ron Moorse about scheduling a meeting with the Mayor of Mound, the Mayor of Spring Park, the Mayor of Minnetonka Beach and the Mayor of Wayzata to discuss this issue. Mayor Jabbour commented that he would like to schedule an early morning "town meeting" every Saturday in March to discuss issues pertaining to the City of Orono which would enable the citizens to meet with the Mayor on an informal basis. Mayor Jabbour remarked that with the year 2000 approaching, more and more of the local residents are acquiring generators for their private use. Gappa commented that NSP has been experiencing problems with some of these generators due to incorrect installation. Mayor Jabbour stated the citizens should be made aware of the steps that Orono is taking to ensure that those problems will not occur in the year 2000, and that the residents follow the proper steps in installing a generator. Kelley suggested the Uniform Building Code be reviewed to see if some licensing procedure needs to be followed as well as an inspection of the generators once installation is completed. • Gappa stated this issue can be included in the spring newsletter. ENGINEER REPORT *( #11) ORDER FEASIBILITY STUDY FOR FULLERTON SUBDIVISION SANITARY SEWER - RESOLUTION NO. #4231 Motion by Sansevere, second by Kelley, to approve RESOLUTION NO. #4231, a Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for the installation of sanitary sewer in the Fullerton Subdivision. VOTE: Ayes 4, Nays 0. ( #12) FINAL PAY REQUEST - NORTH LONG LAKE SANITARY SEWER PROJECT Flint commented he does not have a problem with payment of the pay request, but has a concern over the number of change orders that have occurred on this project and the amount of money involved. Flint inquired whether City Staff could have avoided some of these costs if there had been better supervision of the project. . 12 • ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #12 North Long Lake Sanitary Sewer, continued) Kellogg stated a retaining wall was needed, which added some costs to the project, and there was an alternate bid to serve the Matesh property that was added to the project. Gappa stated in his opinion City Staff does have good control over the projects and that some of the additional costs were due to the acquisition of easements. The City is now managing the timing of projects much better so that easements can be acquired earlier in the process. Motion by Flint, second by Jabbour, to approve Final Request for Payment, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $64,540.94. VOTE: Ayes 4, Nays 0. *( #13) FINAL PAY REQUEST - OLD CRYSTAL BAY ROAD TRAIL PROJECT Motion by Sansevere, second by Kelley, to approve Request for Final Payment, Old Crystal Bay Road Trail Project to Buffalo Bituminous in the amount of $13,347.06. VOTE: Ayes 4, Nays 0. • *( #14) PAY REQUEST #3 - NAVARRE WATER TREATMENT REHABILITATION PROJECT Motion by Sansevere, second by Kelley, to approve Request for Payment #3, to Shank Constructors, Brooklyn Perk, Minnesota, in the amount of $86,430.00. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #15) OUTLINE OF CITY'S INVESTMENT POLICY Ron Moorse stated that Tom Kuehn, Finance Director, is present to address the City Council regarding the City's investment policy. Flint noted that the City utilizes a number of banks for their accounts, and questioned whether the $100,000 limit is being abided by. Kuehn stated it is his policy to stay under the F.D.I.C. limit of $100,000. Kelley noted that the investment policy has not been reviewed since 1988, and that perhaps • this would be a good time to look at the policy. 13 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 0 (( #15 Outline of City's Investment Policy, continued) Barrett remarked that most of the authorized investments are controlled by Minnesota Statute. Kuehn inquired as to whether the City Council was looking at anything specific with the investment policy that they thought should be modified or changed. Mayor Jabbour suggested that perhaps the procedure Kuehn has been following be incorporated into the policy and any other changes he thinks are necessary. Kelley suggested that whenever a new account is opened, the City Council should be made aware of it in the next council packet. Kuehn stated he will include that information for the City Council. *( #16) PAY EQUITY REPORT Motion by Sansevere, second by Kelley, to approve the City's pay equity report. VOTE: Ayes 4, Nays 0. • ( #17) APPOINT PART - TIME ON -CALL COMMUNITY SERVICE OFFICER Motion by Sansevere, second by Kelley, to approve the hiring of a part -time on -call Community Service Officer effective January 26, 1999. VOTE: Ayes 4, Nays 0. ( #18) STAFF /COUNCIL COMMUNICATION - RESOLUTION NO. #4232 ORDINANCE AMENDMENT NO. #182 SECOND SERIES, AND ADMINISTRATIVE POLICY REVISION Ron Moorse stated City Staff has made the the requested changes to the City code and administrative policy to reflect the recommended policy. Kelley inquired whether this item should be tabled until a frill council is present. Sansevere stated he was ready to support this resolution. Flint stated he also was in agreement with the resolution. Moorse commented that the ordinance will need to be published before it becomes effective, and that according to the City Attorney, a 3/5's majority vote is needed. 14 • ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #18 Staff /Council Communication, continued) Sansevere inquired whether City Staff had heard anything from Council Member Peterson regarding this item. Moorse stated he had not. Motion by Kelley, second by Flint, to adopt RESOLUTION NO. #4232, a Resolution Setting out a Policy and Procedure for Addressing Concerns Raised by City Employees Regarding the Administration of the City. VOTE: Ayes 4, Nays 0. Motion by Kelley, second by Sansevere, to adopt ORDINANCE NO. 182, Second Series, an Ordinance Amending Section 2.06 of the Orono Municipal Code. VOTE: Ayes 4, Nays 0. Mayor Jabbour stated lie would like the record to reflect that the City Council passed by a unanimous vote the resolution and ordinance. Motion by Kelley, second by Sansevere, to adopt the Revision to Administrative and • Personnel Policy. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None ( #19) LICENSES Motion by Kelley, second by Sansevere, to approve the following kennel and cigarette licenses. Ayes 3, Nays 0, Jabbour abstained. Kennel: Wayne E. and Gayle D. Carrier 1376 North Arm Drive Colleen Jabbour 985 Tonkawa Road Jane Kline and Steve Bell is 4455 West Branch Road 15 rr T ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 r1 LJ ( #19 Licenses, continued) Tracey Morrow 3026 Casco Point Road Cigarette: Richard Bloomquist Rick's Super Valu 3333 Shoreline Drive Steven Corl Navarre Liquors, Inc. 3421 Shoreline Drive Kenneth Galloway Wayzata Country Club 200 Wayzata Boulevard Jimmie Holtz Jimmie's Lounge • 3380 Shoreline Drive LeRoy Koehnen Navarre Amoco 3360 Shoreline Drive John O'Sullivan O'Sullivans I (Convenience Store) 2420 Shadywood Road John O'Sullivan O'Sullivans II (Convenience Store - Culvers) 3340 Shoreline Drive Don Scherven Navarre Lanes 3435 Shoreline Drive William Wear Orono Self Service 2160 Wayzata Boulevard • 16 t n LJ ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ( #19 Licenses, continued) Grant Wenkstern Lakeview Golf of Orono, Inc. 405 North Arm Drive *( #20) BILLS Motion by Kelley, second by Sansevere to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. City Council went into executive session based on attorney /client privilege to discuss pending litigation. 1. ADJOURNMENT Motion by Flint, second by Sansevere, to adjourn the meeting at 9:20 p.m. VOTE: Ayes 4, Nays 0. • ATTEST: Linda S. Vee, City Clerk G riel Jabbour, May CJ 17