Loading...
HomeMy WebLinkAbout05-10-1999 Council MinutesE ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, Bob Sansevere, and Barbara Peterson. Representing Staff were City Administrator Ron Moorse, City Attorney Tom . Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:10 p.m. ( #1) CONSENT AGENDA Items 4, 8, 10, 11, 12, 13, 14, 15, 16, 18, and 18a were added to the Consent Agenda. Sansevere moved, Kelley seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES (42) REGULAR MEETING OF APRIL 26, 1999 Sansevere moved, Kelley seconded, a motion to approve the Minutes of the Regular City . Council meeting of April 26, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott said the park tour is scheduled for June 7th. Jabbour said he understands there is some concern about the City surveying by the end of Stubbs Bay regarding the approach to the public dock. McDermott said there is concern about what the City is planning on doing with the approach to the dock. Jabbour said it is his understanding that the City was asked not to trespass on a piece of land that the City had been using. He said part of the solution is for the City to use land to the side and now the people who made that recommendation are objecting. They suggested that the City fix the grade so people with wheelchairs or children don't fall into the lake. Gappa said it would have to be surveyed and a plan proposed. McDermott said the Park Commission was under the impression that the City was going to fill the wetland and they just wanted the City to add a couple sections of dock to reach dry land. . Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 PLANNING COMMISSION COMMENTS Elizabeth T. Hawn, Planning Commission Representative, had no comment. Jabbour moved, Kelley seconded, a motion to remove Item #4 from the consent agenda for action by the Council. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS 0 Angela Sherlock, 625 Debra Drive, stated that two weeks ago someone tried to break into her house two days in a row during the daytime. She said she is a stay -at -home mother and this person tried to break in during a two -hour time period both days when she was gone from home. She said she feels that one of the road construction workers on County Road 6 is a suspect. She said she called the police and the police officer that responded told her that there are more break -ins when there is road construction going on, that the police don't have time to do more patrol where she lives and that she should stay close to home while the construction is going on. She did not feel this was an acceptable response. She is putting in an alarm system, but she doesn't feel she should have to do that. She said she moved to Orono to feel safe. She said the Police Chief did come out and talk to her and he was also concerned about the police officer's response. Sherlock said she would like to have more patrol in her area. Jabbour said he does not feel the officer's response was appropriate either. He asked staff to • inform the Chief of Police of Sherlock's concerns. He said he feels more officers are needed for patrol. Buzz Forester, 3599 Crystal Place, expressed his concern about the residences on both sides of his property because they are dirty and rundown. He said nothing has been done by the City. He said he is very disappointed that nothing has been done. He said he has been complaining about the property to the west for nine years. There are junk cars and garbage in the yard and the odor is intolerable. He said the property to the east of him has had a building permit for seven or eight years and the work is not finished. He presented photographs of the two properties. He said he is very frustrated with City staff because nothing gets done. He said the situation is getting worse. Jabbour said the two addresses had been referred to City staff and he asked what the status was. Gappa said that Lyle Oman would have to follow up. Jabbour explained the City's procedure for following up on complaints. LJ Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 • (Public Comments, continued) Harvey Reder, 3596 Livingston Avenue, said that his property borders one of the subject properties. He said that Mr. Forrester has a legitimate complaint. Alexandra Swenson, 2285 Blaine Avenue, said she also has to look at these two properties. She said she has complained to the City, but nothing has been done. She said she lives in a beautiful area and she does not want to look at the garbage on the two properties. She wants something done as soon as possible. Sansevere asked if someone can be forced to finish a house. Peterson asked what the time frame is for a building permit. Moorse said he would get that information. Forrester said that he talked to Lyle Oman about the permit and if one nail a year is pounded, the permit is good. He said the owner of the property lives in Inver Grove Heights and never shows up at the property. Flint said that when neighbors complain, the City should take some action and this situation is • inexcusable. 0 ZONING ADMINISTRATOR'S REPORT ( 0) #2466 JAMES RENCKENS, 3020 WATERTOWN ROAD - REQUEST FOR RECONSIDERATION OF SUBDIVISION APPLICATION James Renckens and John Winston, applicants, were present. Gaffron presented the staff report. He stated that on April 12th the Council voted 2 -1 to approve the preliminary plat subject to the platting of the 50' road outlot along the north boundary of the property, but granting a variance to the "back lot" ordinance standards by allowing the creation of a flag lot. He said that the applicants are in opposition to platting the 50' road outlot and are requesting that the Council move to reconsider the action of April 12. Staff met with the applicants on May 6 and concluded that there are issues presented which deserve additional staff research and consideration. The neighbors and interested parties have not been notified for reopening discussion. He said that if the Council wants to reconsider the matter, one of the two Council members who voted in favor of the motion on April 12, could make a motion to re -open consideration of the application. If the matter is re- opened, staff would recommend that it be tabled for two weeks so that all the interested parties can be notified. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #3 James Renckens, continued) Jabbour said he will abstain if the matter is re- opened. Flint explained his opinion that access to the property should be from Crystal Creek Road. Kelley said there should not be any discussion on this matter if it will be re- opened because the neighbors have not been notified. Flint moved, Kelley seconded, a motion to re -open #2466 for James Renckens and John Winston, 3020 Watertown Road - Preliminary Plat Application and table the matter for two weeks. Jabbour asked if the applicants would object to the matter being tabled for two weeks. Winston said they have met with staff and they are willing to continue to work with staff. They are willing to postpone it for two weeks and work with staff in the interim. They would like to have it re- opened. 0 Sansevere said that Renckens told him that at the April 12th meeting, the Council received misinformation and there were some inaccurate comments made that night that might have affected the way the Council members voted. . VOTE: Ayes 3, Nays 0. (Jabbour and Peterson abstained.) ( #4) #2477 GEORGE W. STICKNEY, 250 AND 340 OLD CRYSTAL BAY ROAD - PRELIMINARY PLAT George Stickney, applicant, and Mark Gronberg were present. Weinberger presented the staff report. He said the applicant has proposed an eight lot subdivision on the east side of Crystal Bay Road just north of the Luce Line Trail. The property is located in the RR -113, single family residential district, two -acre minimum lot size. He said staff was presented a new plan today regarding the NURP pond in relation to the wetland delineation report. The NURP pond was to be located on Lot 5. It is proposed to be moved to Lot 2. Staff is concerned that a NURP pond in that area will not handle the drainage from the entire site which is the intent of the NURP pond. Since staff just received the proposal, there has not been time for the City Engineer to review the plan and drainage calculations have not been delivered to the City. Weinberger said that the City Engineer should have an opportunity to review the plan, especially since it will involve proposed culverts and other ways of piping the water into the wetland. Weinberger said there is also an issue regarding whether the entire wetland area should be considered against lot area because the Type 1 and 2 wetlands are an extension of the Orono wetlands. Weinberger said that the is Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 - • ( #4 George W. Stickney, continued) DNR also needs time to review the new plan. Another issue is the request for a 10 -foot easement for a bike trail. Kelley asked where the culvert underneath the Luce Line is located. Weinberger showed the location of the culvert. Kelley said he finds it hard to believe that the culvert is not located in the wetland. He said that water flow is a major issue for this property. Gronberg said that the wetland delineator went back to the property after the growing season started and marked off the wetlands. He said there is the same situation on the Old Crystal Bay addition to the north where there are two different types of wetlands. He said in the past, the policy has been to place an easement over the Orono wetlands, drainage easements over drainage ways and then write additional easements to cover the other wetlands, but they are filed as a separate document. Jabbour said that staff would like to have additional time to figure out if the proposal will adequately handle the surface water drainage. Jabbour asked why staff just received this • information. Weinberger said that the City just received the report from the wetland delineator. is Stickney said that John Anderson had done the wetlands off from the best aerial photos and wetland maps that are available to the City. His report now says that most of the wetlands are Type 1 and 2 which are walkable wetlands. Jabbour said that staff is having a problem determining if the drainage is adequate and the City Engineer has not had a chance to look at it. He asked if the applicants would object to tabling the matter for two weeks. Elizabeth Hawn, Planning Commission Representative, said she is concerned about the City taking an easement instead of fee title for the bike trail because the property owner may be liable if there is an accident on the bike trail. City Attorney Barrett said he feels the property owner would not be liable because it is a City easement and a City constructed trail, but he can look at it further and give the Council an opinion. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #4 George W. Stickney, continued) 0 Sansevere said that his property extends into the road in front of his property. He said that maybe the Council needs to have a clear understanding that any homeowners with trails or roads on their. property will not have any liability. Gronberg said that on the property to the north, the City has an easement for the bike trail. Jabbour said that staff wants to make sure the water moves. Kelley said the water should move at the same rate that it moves now and it should not increase the flowage to the pipe underneath the Luce Line. Gaffron said he wants to make sure the City is consistent on the issue of how much of the wetlands is usable as dry buildable credit. He said there is no question that wetland delineators have found individual basins that have been noted as a covenant and given the owner credit for area, but he is not sure it is appropriate when the City's maps show wetland areas that are larger than the ones delineated that he has deleted on the City's 1975 inventory maps, to make those smaller and then have Types 1 and 2 around it. Gaffron's impression is that the City would expand the boundary of the regulated wetland to encompass the entire areas of Types 1, 2 and 7. Kelley would like the City Engineer to review the plan before the Council takes any action. Gaffron said that two weeks should be sufficient to review the issues. Stickney said he feels the subdivision is very well designed. Flint stated the Council should not spend a lot of time worrying about the easement versus fee title on the trail. He feels the City's position should be that the property owner can do it either way. He said that typically the property owner wants the easement so he can count the property towards the minimum lot size. He said there are many easements for roads and trails in the City, but the City cannot cover the risk by their insurance. Jabbour asked the City Attorney to review the issue. Jabbour moved, Peterson seconded, a motion to table #2477 for George Stickney, 250 and 340 Old Crystal Bay Road South, Preliminary Plat for Crystal Bay Preserve, for two weeks. VOTE: Ayes 5, Nays 0. Page 6 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #5) #2480 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH - PRELIMINARY PLAT - RESOLUTION NO. 4281. Tim Johnson and Thomas Crosby were present. Gaffron presented the staff report. He said that Spring Hill Golf Club was issued a Conditional Use Permit in 1997 and one of the conditions of approval was that they formally grant Conservation and Flowage Easements to the City over the various wetlands and drainageways on the property. He said there were also some new wetlands that were created and some ponding areas that were created from wetlands. Due to the number of wetlands and drainageways, and the complexity of their descriptions, Spring Hill has chosen to dedicate these easement areas on a plat. The request also includes the vacation of two pre - existing conservation and flowage easements which will be replaced by larger easements. Two outlots will be created that are not buildable, but could be sold to a neighboring property. A portion of the property is in Medina and the applicant has been advised to contact Medina regarding that portion of the property. Gaffron said there is an issue regarding the width of right -of -way for County Road 6. Hennepin County has requested an expansion of the County Road 6 right - of -way. The majority of the right -of -way for County Road 6 is 80' which is the minimum requirement in the City's Comprehensive Plan. The County is requesting that Spring Hill dedicate additional right -of -way to accommodate any future roadway upgrading plus paths, • utilities, snow storage, signage, etc. Hennepin County has designated this portion of County Road 6 as part of their bikeway system. The bikeway plan indicates to Cities that when there is a subdivision or platting process, the County would like to have additional right -of -ways granted. When the City complies with that, then the County will share 50150 for any future acquisition costs. But if, at the time of platting, the County finds that the City refuses to require the additional right -of -way, then if it's ever needed and the County has to acquire it, they want to charge the City 100 %. Gaffron said this subdivision is unique because it is not creating any new buildable lots, it's merely platting in order to create some easements for drainage purposes. Because of that there is no real connection between the need for additional right -of -way and anything that is being created by this development. He thinks there is a strong case to say that there is no basis for the City to require the additional right -of -way. Spring Hill has developed their course in a manner where they would suffer by having to give up ten feet of right -of -way along County Road 6. 40 Jabbour asked if the County is asking for right -of -way all along County Road 6. Gaffron said the County is asking for the right -of -way along the entire length of County Road 6. Jabbour asked if Gaffron's position is the same for the whole length of County Road 6. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #5 Spring Hill Golf Club, continued) Gaffron said his position is that for the entire length of County Road 6, 80 feet is adequate and that is the case for Spring Hill as well as any other areas along County Road 6 that might develop under the City's 1980 Comprehensive Tian which says that 80' is the standard. Gaffron said that prior to 1980, the City did honor the County's requests. When the 1980 plan was put in place and since then, the City has refused to grant the County the added rights -of- way when they are asking for more than the City's Comprehensive Plan recommends. Part of the reasoning is that if the County wants additional right -of -way, they should pay the residents for it. He said that staff's recommendation is to approve the plat as it is proposed. Gaffron said the Trail Agreement indicates that Spring Hill will grant to the City an expansion of the right -of -way for the trail along Spring Hill Road and Tamarack Drive. The trail easement is not shown on the plat. Gaffron said staff recommends approval of the plat as it is proposed subject to the conditions stated in the staff report. Crosby said he would prefer the bike trail to be under a separate agreement because if the City and Spring Hill decide to change anything regarding the bike trail, it would be easier to change an agreement than it would be to change a plat. He thinks the issues regarding the trail have been agreed upon except for the part of the trail on the north side of County Road 6 by the maintenance facility. 0 Jabbour said it is a difficult area for developing a trail. He asked if the agreement should be • made a part of the final plat approval. Crosby said a survey needs to be done. He said they could give the City an agreement subject to undertaking the survey. He mentioned that Spring Hill also owns the property south of Outlot B. It was not included in the plat because it is located in a different section. It was more difficult for the surveyors to pick it up because the section line is the southern line of the outlot. It will be subject to the same conservation easement as the outlot, but there will be a separate tax identification number. He said they would like to obtain final plat approval in two weeks. Jabbour said if the City grants preliminary approval, they must give final approval, so all the conditions must be stated at this time. Barrett said that the conditions the Council places on the preliminary plat approval are the only ones that can be imposed for final plat approval. Flint said he did not object to an agreement for the bike trail versus having it on the plat, but he is concerned that the location of the trail has not been determined. He suggested that in the difficult area of the trail located at intersection of Tamarack and County Road 6, the trail be designated as 10 feet inside the boundary of the property and that would give flexibility as to whether it was located inside the boundary of the property or on the County right -of -way. 40 Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 • ( #5 Spring Hill Golf Club, continued) Crosby said the problem is the County property probably goes to the base of the berm. Flint said the alternative when the trail was looked at a year ago was .to put the trail on top of the berm. He was advised at that time that the trail could be put on the side of the berm with a terrace. That's the only place the trail can be located unless the trees are removed from the top of the berm. Kelley wants to know where the trail will be located before final plat approval. He wants the location of the trail to be a condition of approval. Jabbour said the concern is that Spring Hill will choose to put the trail on the County property. Flint said the problem is if the trail is put on the County right -of -way, the County will not act within two weeks. Kelley asked if the City wants the trail on County right -of -way. Flint said that is why he suggested putting it on the ten feet inside the boundary of the • property. Jabbour said the City will probably end up getting an easement and be guaranteed the trail will be built on the applicant's property and then if the applicant secures a way to get the trail built on the County property, they City could accept it. Kelley suggested building the retaining wall on the berm and putting the trail ten feet into the berm. Johnson said he understands the City has agreed to look into getting the trail located on County right -of -way. Gappa said he will be meeting with the County tomorrow, but the County will probably not give him an answer immediately. Jabbour asked if Crosby had a problem with the Council approving the application with a condition that there will be an easement given to the City ten feet into the property and there will be a trail constructed and the City and the applicant will work diligently to make sure that it works on the County's side. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #5 Spring Hill Golf Club, continued) Crosby said the problem with a 10' foot easement is that it would require a six to eight -foot retaining wall which would be very expensive. He asked if this was the only problem with the trail. Flint said there is one other spot where there is a problem with the slope. McDermott said that south of County Road 6 where Spring Hill and 6 meet, they talked about moving the trail a couple of feet inside the split rail fence. Flint said he thought there was spot where the trail needs a little work because it's too steep. McDermott said that doesn't have anything to do with the right -of -way, it has more to do with the trail design. Jabbour asked if the public has the right to go beyond the fence and walk on Spring Hill's land. Flint said that the fence is on the City's right -of -way. They will leave the fence on the City's right -of -way, but there will be two openings in the fence for access to the trail. Jabbour said he doesn't want citizens to feel like they are trespassing on Spring Hill's property. McDermott said they talked about putting up a sign indicating this is a walking trail. He said there will be an obvious opening and there will be another fence on the golf course side so it won't look like you can wander onto the course. Crosby asked if the mayor could appoint one of the Council members to work with them on a solution for the trail. He asked if it is necessary to have ten feet for the easement. Flint said the agreement says ten feet. It could be more or less than ten feet. Crosby said they would like to have the ability to negotiate the ten feet because if they put in a retaining wall, it will be substantially more difficult to do ten feet than six or eight feet because of the grade. Jabbour suggested approving the application subject to those conditions and then agree on the number of feet before final approval. Crosby said he would accept a preliminary approval subject to a satisfactory trail agreement including specifically the area south of the maintenance facility. • Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 0 ( 95 Spring Hill Golf Club, continued) Flint said the easement would be ten feet, not necessarily the trail. Crosby said he understands that, but if an easement is given without an understanding, the City could come back and say they want a ten -foot trail. Flint said that is not the City's intent. Flint said they should discuss who is going to pay for that portion of the trail. Jabbour said he understood the applicant would provide the trail and build it. He said the only issue they were having a tough time with is how to cross the wetland. He understands there is a $20,000 gift to the City from Spring Hill that may be used in the future for pontoons or a bridge to cross the wetland. Flint said he understands that the trail is to be built by Spring Hill and the City will maintain it. Crosby said that is correct. He understands from Tim Johnson that the question was raised as to whether or not a portion of the $20,000 could be used for the Highway 6 problem. • Jabbour said that was not his understanding. Crosby said the $20,000 came from the problem of trying to bridge the wetland. Jabbour said the City would like to reserve that for the future. McDermott asked if the City is getting an easement north of the wetland. He said he knows there is no trail at this point, but he would like to know if the City is getting an easement. Jabbour said he thought the City was getting an easement up to Medina. McDermott said that there needs to be a survey for the easement. Jabbour said the applicant is proposing to give the City a contractual agreement that is described -by a surveyor for a trail up to the Medina border. Crosby said that is correct. Flint said he is inclined to agree with staff regarding the additional right -of -way for Hennepin County along County Road 6. He asked for the City Attorney's opinion regarding the width of County Road 6. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #5 Spring Hill Golf Club, continued) 0 Barrett said this is an application for subdivision in lieu of a property description granting easements. He said there are no lots being created for development. The only difficulty he sees is raised in the staff report which is that the County takes the position that if the City refuses to grant the requested easement, then there is a 100% requirement at some point for the City to pay all of the acquisition or upgrade costs. Barrett said the City can tell the County that this subdivision is different, it is a device for description and not a development project. Crosby said technically this is not a subdivision in which the City has a right to require Park Dedication fees. The reason this is in the subdivision process is the agreement between the applicant and the City that it is easier to plat and define wetlands. Crosby suggested that the City send the County a letter citing the difference in the project because the entire project could have been done without platting. Gaffron agreed. He said that the Code calls this a class one subdivision, but it is not subdividing for the creation of lots and that is the key difference. Kelley said he agreed with Flint. Jabbour directed staff to send a letter to the County stating the City's position. . Flint said he is bothered by the policy implications of what the City is doing with the lot to the south. It is his understanding that the City is getting the wetland easement over the lot. Gaffron said it is a wetland and that part of the final plat requirement will be that they define the wetlands and that they be covered by the same conservation and flowage easement. Flint asked if that will cover the triangular piece as well as the piece in the next section below it. Gaffron said that is correct. He explained the reasoning for not including the lot to the south in the plat. Crosby said that the surveyors initially did the plat without including what is now proposed to be the outlot. He said he argued to exclude the area for the outlot from the plat, but staff would not agree because it was a common tax parcel with the property to the north. He said the reason this application hasn't reached the final approval stage is because the wetlands have not all been designated. He said the conditional use permit requires a conservation easement on the wetlands on the property south of Spring Hill Road. Kelley asked if they could put in a dock. 0 Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 • ( #5 Spring Hill Golf Club, continued) Gaffron said that the conservation and flowage easement has language that does not allow any structures. Jabbour asked what the club plans to do with those two pieces of land in the future. Crosby said the applicant does not know what it plans to do with that property. Flint asked if the applicant can convey the property away. Crosby said it could be conveyed away. Jabbour said it could only be conveyed to an adjacent property owner. Gaffron said that is correct, but it could be changed. Flint asked if there will be language that says they can convey it to the adjacent property owner or to the City. Gaffron said that language can be added. He said language should be added to item 2 on page • 4 of the resolution that states the property can be transferred to the City. Flint agreed. Gaffron asked if the Council members agreed with the wording of item 8 on page 4 regarding the easement for trail purposes. Flint said the City should require a separate survey for the trail. Gaffron said language can be added that states "and as defined by a survey to be supplied prior to final plat approval." Crosby asked how many places along the trail it would go in further than ten feet. The easement could be granted within the ten feet except to describe those portions where it goes into the golf course. Flint agreed that the area in the north is the problem area. He said it's okay if it's a ten -foot easement along the whole trail and only survey it in the area where the trail goes back significantly. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #5 Spring Hill Golf Club, continued) n Flint moved, Sansevere seconded, a motion to approve Resolution No. 4281 Granting Preliminary Approval for the Platting of Property Located at 725 Sixth Avenue North, File No. 2480, as amended. VOTE: Ayes 5, Nays 0. ( #6) #2481 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH - REZONING - ORDINANCE NO. 187, 2ND SERIES Tim Johnson and Thomas Crosby were present. Gaffron presented the staff report. He said the Spring Hill Golf Club property is zoned RR- 113-1. Since the property will no longer contain facilities for a "study and research center ", Council required in Condition 1 of Resolution No. 3902, that Spring Hill Golf Club apply for rezoning of this property back to RR -113. Flint moved, Peterson seconded, a motion to adopt Ordinance No. 187, 2nd Series, an Ordinance Amending the Municipal Code of Orono by Listing the Legal Description of Certain Properties in the City as Rezoned from RR -111-1 to RR1B. VOTE: Ayes 5, Nays 0. ( #7) #2482 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH - CUP FOR GUEST HOUSE - RESOLUTION NO. 4282. Tim Johnson and Thomas Crosby were present. Gaffron presented the staff report. He said that at the time the Conditional Use Permit application for the Golf Club was approved, it was staff's impression that the existing caretaker house was going to be removed. The intent is to maintain the caretaker house, the garage and possibly the shed next to it for an employee and as a potential guest house. The house has been connected to a sewer system. The guest house conditional use permit standards are met. Jabbour asked if the house could be expanded. Gaffron said that since it is an existing building under a conditional use, an addition or a change would require Council approval. Crosby stated that the house is a one bedroom farm house that cannot be expanded without affecting the golf course. 0 Page 14 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #7 Spring Hill Golf Club, continued) Sansevere moved, Peterson seconded, a motion to approve Resolution No. 4282 Granting a Conditional Use Permit Per Municipal Zoning Code Section 10.20, Subdivision. 3(G) and Amending Resolution No. 3902, File #2482. VOTE: Ayes 5, Nays 0. ( * #8) #2495 STEVEN BOHL, BOHLAND DEVELOPMENT, 1025 BROWN ROAD SOUTH - FINAL PLAT - RESOLUTION NO. 4283. Sansevere moved, Kelley seconded, to approve Application #2495, Bohland Development, 1025 Brown Road South, Resolution No. 4283 approving the Plat of Carriage Hill subject to the conditions noted in the Final Plat Resolution. VOTE: Ayes 5, Nays 0. (5 Minute Recess) ( #9) Expiration of Moratorium on LR -1C -1 Density Credit Gaffron said that if the Council takes no action on the Moratorium, it will expire on May 15, 1999. Jabbour recommended that the Moratorium be allowed to lapse. • MAYOR/COUNCIL REPORT 0 Jabbour reported that he, Mike Gaffron and Lili McMillan attended the LMCD meeting. Gaffron answered questions from the LMCD members. Jabbour said he met with Hennepin Parks and he will meet with them again tomorrow regarding converting the Dakota Rail line to a trail. Jabbour said he and Council member Flint met with Mn/DOT's Office of Freight, Railroad and Waterways to obtain information about the Dakota Rail line. Sansevere mentioned that the Maple Plain Fire Department only has one defibrillator that is ten years old. He would like Orono to help them get one. Peterson said that the North Tonka Crime Prevention Coalition will be talking to the Orono Chief of Police at its annual meeting regarding the two new defibrillators for Orono. An Orono resident made a $1,000 donation in addition to the $4,500 donated by the Lions Club. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 0 ENGINEER REPORT ( * #10) EDGEWOOD HILLS SANITARY SEWER PROJECT A. Resolution No. 4284 Declaring Cost to be assessed, and to Order Preparation of Proposed Assessment Sansevere moved, Kelley seconded, a motion approving Resolution No. 4284 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Edgewood Hills Area Sanitary Sewer. VOTE: Ayes 5, Nays 0. B. Resolution No. 4285 to Schedule Hearing on Proposed Assessment Sansevere moved, Kelley seconded, a motion approving Resolution No. 4285 Scheduling Hearing for June 14, 1999 on Proposed Assessment for Edgewood Hills Sanitary Sewer. VOTE: Ayes 5, Nays 0. ( * #11) #WEBBER HILLS SANITARY SEWER PROJECT A. Resolution No. 4286 Ordering Preparation of Feasibility Report Sansevere moved, Kelley seconded, a motion approving Resolution No. 4286 Ordering • Preparation of a Feasibility Report for the Installation of Municipal Sanitary Sewer to Serve the Webber Hills Area. VOTE: Ayes 5, Nays 0. B. Resolution No. 4287 Receiving Feasibility Report and Calling Hearing on Improvement Sansevere moved, Kelley seconded, a motion approving Resolution No. 4287 Receiving Report and Calling Hearing on Webber Hills Sanitary Sewer Improvement. VOTE: Ayes 5, Nays 0. ( * #12) AUTHORIZE ADVERTISEMENT FOR BIDS - STUBBS BAY ROAD PROJECT Sansevere moved, Kelley seconded, a motion to authorize advertising for bids for the Mn/DOT Cooperative Agreement project for the closure of the TH12 /Stubbs Bay Road intersection. VOTE: Ayes 5, Nays 0. is Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( * #13) REQUEST FOR PAYMENT #7 - NAVARRE WATER TREATMENT PLANT REHABILITATION Sansevere moved, Kelley seconded, a motion to approve Request for Payment #7, to Shank Constructors, Brooklyn Park, MN in the amount of $56,244.00. VOTE: Ayes 5, Nays 0. ( *14) REJECT BID FOR HEAD SANITARY SEWER PROJECT Sansevere moved, Kelley seconded, a motion to reject the bid from M &P Inc. for Head Sanitary Sewer Project. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( *15) APPOINTMENT OF PLANNING COMMISSION VICE CHAIR Sansevere moved, Kelley seconded, a motion to appoint Sandy Smith as Vice Chair of the Planning Commission. VOTE: Ayes 5, Nays 0. ( *16) AMEND PROGRAM FOR DEFERMENT OF SPECIAL ASSESSMENTS FOR • PERSONS 65 YEARS OF AGE OR OLDER - RESOLUTION NO. 4288 Sansevere moved, Kelley seconded, a motion to adopt Resolution No. 4288 Amending the Program for Deferment of Special Assessments for Persons 65 Years of Age or Older, and approval of the updating of the deferral application. VOTE: Ayes 5, Nays 0. (17) PART -TIME POLICE OFFICER JEFFREY D. JOHNSON - PERA RESOLUTION NO. 4289 Jabbour moved, Flint seconded, a motion to appoint Jeffrey D. Johnson to the position of part-time police officer, effective April 19, 1999, at a starting rate of $12.62 per hour; and to adopt Resolution No. 4289 establishing his eligibility for coverage in the PERA police and Fire Fund. Peterson stated she objects to the part-time position. Sansevere asked at what point the Council should discuss hiring more police officers. Jabbour said it will be discussed during the budget process. He has asked the Chief of Police and Ron Moorse to present a report on the future staffing needs of the Police Department that includes an analysis of full -time versus part-time. • VOTE: Ayes 4, Nays 1 (Peterson objected). Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( *18) AUTHORIZATION TO HIRE PART -TIME POLICE CLERK 0 Sansevere moved, Kelley seconded, a motion to authorize staff to hire a part -time police clerk. VOTE: Ayes 5, Nays 0. ( *18A) HIRING OF PART -TIME COMMUNITY SERVICE OFFICER Sansevere moved, Kelley seconded, a motion to approve a request for Hillary Lebowitz to be hired as a part -time Community Service Officer at the pay rate of $8.53 per hour with no benefits or PERA membership based on the $5,100 maximum earnings stipulation, effective May 11, 1999. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. ( * #19) LICENSES None ( * #20) BILLS Sansevere moved, Kelley seconded, to approve payment of the hl; F unuds hccount. • VOTE: Ayes 5, Nays 0. ADJOURNMENT Kelley moved, Peterson seconded, a motion to adjourn the meeting at 9:15 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabrie Jabbour, Mayor is Page 18