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HomeMy WebLinkAbout06-14-1999 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • 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 Staffwere City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, City Engineer Tom Kellogg, Public Services Director Greg Gappa, Steve Weckman, On -Site Systems Manager, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) ASSESSMENT HEARING - EDGEWOOD HILLS SEWER PROJECT A. ADOPT EDGEWOOD HILLS SEWER ASSESSMENT - RESOLUTION NO. 4301 Tom Kellogg gave an overview of the Edgewood Hills Sewer Project. The gravity sewer system will be aligned behind the homes and is acceptable to the residents. He said there will be some loss of trees. Gappa said the proposed assessment is $27,325 per unit and it will be a 100% assessed project. There are eight properties in the project. He said staff has had many discussions and meetings with the property owners. Mayor Jabbour opened the public hearing at 7:05 p.m. There were no public comments and • the public hearing was closed. Gappa said tonight is the deadline for any homeowner to submit a written intent to file an appeal. Kelley moved, Peterson seconded, a motion to approve Resolution No. 4301 Adopting the Edgewood Hills Area Sanitary Sewer Assessment Roll. VOTE: Ayes 5, Nays 0. B. AWARD CONTRACT FOR EDGEWOOD HILLS SEWER - RESOLUTION NO. 4302 Kelley moved, Peterson seconded, a motion to approve Resolution No. 4302 Awarding the Contract for the Installation of Sanitary Sewer Improvements in the Edgewood Hills Area. VOTE: Ayes 5, Nays 0. ( #2) MAPLE PLAIN FIRE DEPARTMENT PRESENTATION - 1998 REPORT Dave Eisinger, Maple Plain Fire Chief, Troy Denneson, Assistant Chief, and Eugene Souser, Assistant Chief, were present. Denneson reviewed the Maple Plain Fire Department 1998 Report. He stated that approximately 10% of their calls for 1998 were in the Orono area. He said that calls for 1999 are approximately 15% higher than they were at this time in 1998. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #2) MAPLE PLAIN FIRE DEPARTMENT PRESENTATION -1998 REPORT - • Continued Souser stated that a new tanker truck will arrive this week. The cost of this truck was reduced by buying a used chassis. Eisinger said that at the end of 1999 or beginning of 2000, a committee will be working on the specifications for a new pumper to replace their 1973 FMC. They may have to include a ladder for the pumper due to the height of new homes in their service area. Jabbour asked if there is anything the City can do to help the Fire Department. Eisinger said the roof height at the edge of the roof should be limited to 25 feet. Some houses have a roof edge at 25 feet with the peak being at 35 to 40 feet. He said the longest ladder they have right now is 22 feet long. The new tanker will have a tandem axle. The present tanker is on a single axle, but it is fairly long. He said that because many of the driveways wind around through the trees, it is very difficult to access the houses with the single axle truck. The average house in their coverage area takes a minimum of 1,200 gallons of water per minute to fight a fire and that requires a large size truck. Kelley asked the Chief for his recommendations on width of the roads and the dimensions of cul -de -sacs. Eisinger said the radius of the cul -de -sac should be no less than 45 to 50 feet. He said the road • width should be a minimum of 20 to 25 feet. Jabbour said the length of driveways can also be a problem. Eisinger agreed and said that is one reason they carry large diameter hose. They have 1,200 feet of large diameter hose on each of their pumpers, 800 feet on the present tanker and there will be 800 feet on the new tanker. Kelley asked if they charge people for false fire alarms and how many false alarms they receive. Eisinger said they do not charge for false alarms in Maple Plain and Independence. He knows there is a false alarm ordinance in Orono, but he does not believe false alarms are a problem. Jabbour said he appreciates being kept informed. He would like to have a work session with representatives of the three fire departments that serve Orono. He said the Council needs to be proactive and understand the needs of the fire departments to fight fires in the large structures that are being built in Orono. Sansevere asked how long it will take to get a new pumper. Page 2 0 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #2) MAPLE PLAIN FIRE DEPARTMENT PRESENTATION -1998 REPORT - Continued Eisinger said the process takes about two years. Sansevere asked if the current pumper can be outfitted with the type of ladder they need. Eisinger said the current pumper cannot be refurbished in that way because it is a single axle. It would require a double axle and a different type of chassis. Jabbour said he understood there was an ordinance prohibiting anything over 30 feet, but there are buildings over that. Eisinger said that Mound and Wayzata both have aerial units and they have mutual aid agreements with those cities. Kelley said that cooperation between the fire departments for the purchase of special equipment has to be looked at. Eisinger said that an aerial truck is very expensive and there are on -going expenses because it must be inspected frequently. • Kelley asked Eisinger what kind of increases there have been in the operating budget. Eisinger said the operating budget will increase significantly because they are looking at increasing the hourly rate for the fire personnel. They will also need to replace some hand equipment such as hoses and nozzles. He said the 1999 operating budget is $119,000. He does not know how much it will go up for 2000. Sansevere asked what types of equipment could be donated to the department. Eisinger said that four of their gumby suits will need to be replaced. They also need nozzles. Jabbour asked if they could use an infrared camera. Eisinger said they would like a hand -held unit. He said they would like to obtain a Suburban type vehicle for in -house medical emergencies and for use as a secondary crash truck. Jabbour asked what the affect will be on their service to Orono if Townline Road is closed. Eisinger stated that for a couple of homes, response time will increase from approximately three or four minutes to eight or ten minutes. • Jabbour asked if a fire hydrant would help. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14, 1999 ( #2) MAPLE PLAIN FIRE DEPARTMENT PRESENTATION -1998 REPORT - • Continued Eisinger said the fire hydrant would have to be within 1,200 feet to be useful. He asked if the Council would like to continue having informal meetings with the Fire Department. Kelley said two informal meetings per year would be adequate. ( #3) CONSENT AGENDA Items 7, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31 and 32 were added to the Consent Agenda. Peterson moved, Kelley seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( *#4) REGULAR MEETING OF MAY 24,1999 Peterson moved, Kelley seconded, a motion to approve the Minutes of the Regular City Council meeting of May 24, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No comments. 0 PLANNING COMMISSION COMMENTS William Stoddard, Planning Commission Representative, had no comment. PUBLIC COMMENTS Jean Mork Bredeson said she is the contact person for the project at 2190 West Wayzata Boulevard. She said she is available to answer questions. She thanked the Council for their help with the State of Minnesota. E Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ZONING ADMINISTRATOR'S REPORT ( #5) KURT SCE IID,160 GOLDEN VIEW ROAD - APPEAL OF ADMINISTRATIVE DECISION Kurt Schmid was present. Mike Gaffron stated that City staff has denied Mr. Schmid's request to relocate his driveway within five feet of the five - bedroom drainfield area. Septic System Inspector SteveWeckman displayed a map showing the location of the proposed house, driveway and septic system area. He said the request was denied for the following reasons: 1) the expansion area of the primary drainfield site would be destroyed in order to achieve proper drainage around the driveway, 2) no valid hardship exists, 3) approval of the request would limit the future potential of the property, and 4) approval would set a bad precedent. The City requires a five - bedroom septic site for any subdivision. Jabbour asked if Schmid wants to limit the house to four bedrooms. Schmid said it is currently a three- bedroom house with a potential fourth bedroom in the basement. He said there is no room to add a fifth bedroom. He wants to put in a turn- around driveway in front of the house that would come within approximately ten feet of the expansion • area of the septic site. Jabbour said the 20 -foot setbacks are unique to Orono. He thinks there should be a five - bedroom septic site set aside because it is a reasonable future use of the land, but he also thinks some of the setback and septic system location requirements are extremely restrictive for people to be able to utilize a lot. Jabbour would rather grant a setback variance than abolish the future expansion area. Schmid said he is comfortable leaving the expansion area if he can change the setback to get a turnaround put in. He said there were only two possible building pads on this two -acre site and there wasn't much he could do with the driveway. Jabbour said he feels the City is pushing citizens to make the wrong decisions to get what they want. Weckman said that sometimes you can get proper drainage within ten feet, and sometimes you can't. In this particular situation, it will be difficult to get proper drainage in the ten feet between the driveway and the septic site. Jabbour asked if the septic site could be moved closer to the lot line. • Weckman said that the grade does not allow for movement of the septic site. Weckman said this was a difficult site to develop because of the topography. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #S) KURT SCHMID,160 GOLDEN VIEW ROAD - APPEAL OFADMINISTRATIVE • DECISION - Continued Schmid said he is okay with the 20 -foot setback from the driveway to the corner, but he wants to put the turnaround driveway in front of the house and he can't maintain a 20 -foot setback in that area. Weckman asked if he could put the turnaround on the other side of the driveway. Schmid said he wants the turnaround in front of the house. If he puts it on the other side of the driveway, the topography drops off into a low area and he would have to bring in a lot of fill. Weckman said the problem is that in the middle of the driveway, the level of the driveway and the level of the natural grade are about equal and there would be a point where it would be difficult to maintain the drainage away from the septic site. Gaffron asked if Schmid could install a curb that would direct the drainage from the driveway away from the system. Schmid said he could put in a curb on that side. Jabbour asked if staff would be comfortable if the applicant presented a plan where absolutely • no additional drainage would come off the driveway and get into the setback. Sansevere asked how far the setback would be if the turnaround is in front of the house. Schmid said it is approximately ten feet. Jabbour again asked if staff would be comfortable with that. Weckman said he would be comfortable with ten feet if there isn't too much of an elevation difference. Jabbour said it would be helpful if staff would make decisions on administrative decisions without coming to the Council. Weckman said the best way to do that would be to change the code so that standards are applicable. He said the code has to be revised within the next six months anyway. Kelley said this is unique because it is a brand new house and the applicant should have known that he wanted a circle driveway and that he needed a 20 -foot setback from the septic site. Jabbour agreed with Kelley and said he is very unsympathetic with the applicant, but he feels • this ordinance was created when there wasn't enough data and it should be changed. He feels Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( #S) KURT SCHMID,160 GOLDEN VIEW ROAD - APPEAL OF ADMINISTRATIVE DECISION- Continued E the applicant will do irreparable damage by limiting the lot to a four - bedroom house, but it would be okay if staff is comfortable with it and could work it out with the applicant. Weckman said the main reason this item is before the Council is that it is a new house and the applicant wants to place the driveway in the required setback. He does not feel staff has the authority to approve ten feet for one person and 20 feet for another person. The City Code requires a 20 -foot setback and he feels that standard should be maintained. If the Council chooses to change the rules, that's fine, but he believes it sets a bad precedent to issue this type of variance for a new house without any hardship. Jabbour said the code should be changed because the consequences of the code are negative to the ultimate goal. Weckman said the code needs to.be revised because of recent changes to the septic code by the State of Nfmnesota. Peterson asked if there is a hardship in this case. Jabbour said no. Schmid said he wanted a circular driveway from the beginning, but the surveyor couldn't put it on the plan because of the setback requirements. Jabbour said he agrees with staff that it would be a bad precedent for the Council to grant the variance with the lack of a hardship, but the Council should review the code if it no longer makes sense. Peterson moved, Jabbour seconded, a motion to support staffs decision regarding the septic site requirement at 160 Golden View Road. VOTE: Ayes 5, Nays 0. ( *#6) #132 ORONO SCHOOLS, 800 OLD CRYSTAL BAY ROAD NORTH - EXTINGUISH CITY EASEMENT - RESOLUTION NO. 4303 Peterson moved, Kelley seconded, a motion to approve Resolution No. 4303 authorizing the appropriate City representatives to sign the documents extinguishing the City's easement rights over Outlot A, Orono School Expansion per the terms of the Developers Agreement dated November 28, 1998. VOTE: Ayes 5, Nays 0. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14, 1999 ( * #7) #2169 MICHAEL RENARD,1185 TONKAWA ROAD - VARIANCE - RESOLUTION NO. 4304 • Peterson moved, Kelley seconded, a motion to approve Resolution No. 4304 Granting Variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) at 1185 Tonkawa Road, Application #2169. VOTE: Ayes 5, Nays 0. ( #8) #2447 KIRT WOODHOUSE, 885 FERNDALE ROAD WEST - VARIANCE Kirt Woodhouse and Bruce Knudson were present. Knudson said that a variance was granted in January of 1999 for remodeling of the house at 885 Ferndale Road. After the bidding process for the remodeling, it was recommended that the entire house be removed because of the structural changes that are necessary. He said the existing foundation is adequate to construct a new structure. They would like to remove the house down to the foundation and rebuild it so it can meet code. Gaffron said approximately 50% of the foundation of the house is crawl space or slab on grade. The building inspectors will not be able to determine if the existing foundation is useful until it is excavated. The entire house is located within the 75' setback. Jabbour asked if the applicant is proceeding under the assumption that the existing foundation is adequate to support the new house. • Knudson said that part of the house has a full basement, which is exposed, and another portion of the house has a crawl space. A third portion of the house is slab on grade. It will not be possible to determine the condition of the foundation until the house has been removed. Woodhouse said that the portion of the house located on the slab on grade was proposed to be removed under the original variance. Jabbour asked if they are confident about the foundation up to the slab on grade. Knudson said yes. Knudson said the staff report states the foundation will not be modified. It will be modified because it will go from a slab on grade to wood beam- support floor. They will have to remove the top two courses of the foundation. Gaffron asked the age of the house where they will keep the existing foundation. Schmid said the house was built in 1940. Gaffron said that then the foundation is approximately 60 years old. E Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14, 1999 • ( #8) #2447 KIRT WOODHO USE, 885 FERNDALE ROAD WEST - VARIANCE - Continued Jabbour asked if the applicant would feel comfortable if the Council considered approving the application based on the former approval providing that if they remove more than three courses of the foundation, the applicant would have to submit a new application. Knudson asked if the Mayor means that if they remove the house and have to remove more than three courses of the foundation for some reason, that they would have to relocate the house. Jabbour said that is correct. Woodhouse said that the amount of hardcover is being reduced from what was granted in the original variance. Gaffron asked the applicant if he would build a different house if he had to start all over. Woodhouse said that because of the topography, if the house is moved back on the lot, he would have to build a very large house to be able see the lake. He said the original variance was granted because everyone, including his next door neighbor, thought it was best to keep the house right where it is. In the original variance, he was trying to save the center portion of • the house which he can still do, but now that he has done more research, it has become apparent that that portion of the house has enough flaws that it would not make sense to save it. He said he will do that if that is the only alternative, but he would have less insulation than he would like and the whole building envelope would not be what it should be. Woodhouse said that the hardcover will be reduced with this proposal. Sansevere asked Woodhouse how much of the foundation is inadequate. Woodhouse said he thinks it is all adequate. He said that his design team feels the vast majority of the foundation is adequate to build on. He does not want to get into a situation where he would have to relocate the whole house if he has to go lower than three courses of block in one area. Kelley said he feels the house should be relocated because the project meets the substantial takedown requirement and it is located right on the lot line on the east side. Woodhouse said he is moving the house off the property line. Kelley said this is the time to clean up this piece of property. He said he is not suggesting that the whole house be moved back inside the building envelope. • Jabbour asked if Kelley feels the side setback should be improved. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #8) #2447 KIRT WOODHOUSE, 885 FERNDALE ROAD WEST - VARIANCE - . Continued Kelley said the lakeshore setback could also be improved. Peterson agreed with Kelley, but she said that the topography prohibits moving the house. Woodhouse said that moving the house would take three mature trees. Sansevere asked if the reason Woodhouse didn't want to move the house was to save the three trees. Woodhouse said if he moved the house back, he would have to build a house that would be much taller in order to capture the views. He said the only buildable area on the lot is where the house is situated. His neighbor's house is equally close. Sansevere said he agrees with Mayor Jabbour that they must use most of the existing foundation. Woodhouse said as far as he knows it is all usable. Jabbour said if the Council decides to grant the variance, there must be strong direction for staff. He said he is in favor of allowing the house to be torn down with the understanding that • if it requires replacement of more than three courses of foundation for structural purposes, Woodhouse must file a new application with the City. Knudson said the proposal is to move part of the house back and remove part of the hardcover. He said this restriction will not allow them to do that. Jabbour asked if they were planning to move the house back. Knudson displayed a drawing that showed the house plan. He said that right now, there is a straight facade on the lake side and by eliminating some square footage in the house and sliding the house back, they eliminate hardcover and pull the house away from the lake. Woodhouse explained the areas of hardcover on the plan that were approved in the original variance that will now be eliminated. Knudson explained which parts of the foundation they would use. Jabbour asked about the height of the roof. Knudson explained the elevation of the house. 0 Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( #8) #2447 KIRT WOODHOUSE, 885 FERNDALE ROAD WEST - VARIANCE - Continued Woodhouse said this plan results in less mass for the house. Gaffron asked for specific direction on the number of courses of foundation the applicant will be allowed to remove before they will be ordered to stop work. Jabbour said if he has to remove more than three courses for structural purposes, not for lowering the building, other than the area that he is totally eliminating, he will have to make a new application. He said the mass and height of the building must not exceed what is being proposed because this is different than the original application. Flint said this proposal is better than the previous proposal. Kelley asked what the definition is of a substantial taking of a house. He thinks more than 80% of the value of the home is being replaced. He feels that a substantial taking is anything over the majority and that's what this is. Gaffron said there is no threshold defined for when it changes from a remodel to replacement. Kelley said there is substantial hardship because of the topography of the lot. He just doesn't • want to see applicants ask for multiple variances. 9 Jabbour moved, Sansevere seconded, a motion, based on the present proposal, that complete removal of the house meets the intent of the approval granted in the resolution adopted by the Council on January 15, 1999 with the understanding that if more than three courses of foundation, except for the area where the applicant wishes to set the house further away from the lake, are replaced for structural purposes, that the applicant will file a new Land Use Application to relocate the house and the Building Inspector will not allow any further work. Kelley asked what happens if it is the footings that cannot support the weight and must be replaced, but not the wall. Jabbour said they would have to make a new application. He pointed out to the applicant that he is taking a risk by proceeding based on the Council's action. VOTE: Ayes 4, Nays 1. (Kelley objected.) Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 (#9) #2480 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH -FINAL . PLAT APPROVAL Thomas Crosby was present. Gaffron said that Spring Hill Golf Club is requesting final plat approval. He said this plat was primarily for the purpose of creating easements over the wetlands and drainage ways of the property. It also resulted in the creation of two outlots. He said the outlots contain mostly wetland areas which have now been delineated and are shown on the plat. Regarding the trail issue, he asked for direction from the Council in reviewing the language of the preliminary plat resolution that has been revised. He asked the Council to review the wording of items 1, 2 and 8 on page 4 of 6. He noted that the final plat resolution states that all requirements of the trail agreement must be completed. Crosby said that the land south of the plat will be subjected to the conservation easement. He asked if Gaffron has seen the wetland delineation on that portion of the land. Gaffron said he has not seen it. Crosby said that the City will need the wetland delineation on the separation parcel to attach to the conservation easement. Gaffron said the City would need the description of it. Crosby said the trail has been constructed along Spring Hill. It goes across Co. Rd. 6 and then north on Tamarack where it has been constructed from the intersection to the maintenance shed. It then goes to wetland #12 and it has not been constructed north of the wetland where Spring Hill would give the City a ten -foot easement. Crosby said that he had hoped that for the portions of the trail that had been constructed and accepted, that the entire trail would have been delineated as a two -foot strip either side of the center line. He said he is concerned about the legal description of the trail because it says everything south of the northerly element of the shaded area is for use for a trail. He said that if the ten feet is not all being used, a number of years from now someone could try to move the trail. He said that when this project was started, they said they would create a trail mutually agreeable within the ten feet next to the right -of -way. He said the trail agreement is a separate document, not on the plat. The way the trail agreement has been drafted is that the legal description of the trail is an exhibit, so that the language of the trail agreement is really taking the agreement they used at the time of the conditional use permit, throwing out the portions that are no longer relevant and putting it into an easement. He said it is the legal essentials out of a broader, prior agreement. Barrett said that is the document Crosby provided. 0 Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( #9) #2480 SPRING HILL GOLF CL UB, 725 SIXTH A VENUE NORTH -FINAL PLAT APPROVAL - Continued Crosby said he would prefer to have a legal description for the trail as it presently exists. He said he has provided language for the difficult portion of the trail south of the maintenance shed and they would give the City ten feet north of the wetland. Jabbour complimented Mr. Crosby on the project. He said there is really only one outstanding issue and that is the trail. He said the trail is not finished and there are other issues with the trail. He said that the area on the north side of Co. Rd. 6 is a very difficult area to build a trail, but that is what was presented by the project manager. He said that the Council members went on a tour of the trail and there is work that must be done to the trail. Flint said there are substantial problems with the trail and he is frustrated that nothing is getting done. He itemized the following issues: 1. On the south end, there is supposed to be a gate to get to the trail that has not been installed. 2. There is a point on the trail where it falls off to the side and it is very dangerous. It needs to be built up on one side or cut down on the other side. 3. Up towards Co. Rd. 6, there was an agreement to move the fence over because it is too close to a tree and that has not been done. • 4. At the intersection of Co. Rd. 6 and 4, Spring Hill wanted the trail as close as possible to the intersection. Tim Johnson had suggested building a terrace so that it would not be necessary to build the trail at the top of the hill, but part way down. The terrace has not been built and now Spring Hill's position is that it will be very expensive to build the trail at that point and that it should be built on the County right -of -way, but then it's the City's problem to get the County's approval. 5. Where the trail heads north on Tamarack, nothing has been completed. 6. The trail was supposed to be built to the south of wetland #12, which Tim Johnson agreed to, and it has not been built. Flint said he would prefer to stay with the old trail agreement until all the issues are resolved and the trail is completed. He recommended that this matter be tabled for two weeks to try to get the work done. The prior agreement was that the trail would be built and open at the same time as the golf course. Crosby asked if Tim Johnson was the individual that most of the discussions were with. Flint said Johnson was at each of the field inspections. Crosby said they are very conscious that the trail should open at the same time as the golf course. He said the course is scheduled to open on June 25. He asked if the City wants the area on 6th Avenue North built out. • Flint said yes. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #9) #2480 SPRING HILL GOLF CL UB, 725 SIXTH A VENUE NORTH -FINAL PLAT . APPROVAL - Continued Jabbour said at the time Spring Hill made its application, he had suggested that if Spring Hill did not want to give the City the trail, he would vote for the application without the trail. Now, there is a legal document between the City and Spring Hill and it is his fiduciary responsibility to the City to see that the terms of the agreement are met. He said the original idea was to use Spring Hill's tunnel to cross Co. Rd. 6. That idea has been abandoned so the crossing must be on Co. Rd. 6. He suggested that representatives from the Council, City staff and the golf course meet at the site and review the issues so that Spring Hill knows what needs to be done. Flint said he doesn't think knowing what needs to be done is the issue. He believes Tim Johnson knows exactly what needs to be done and that he could finish it in two weeks. He said the difficult issue is building the trail in the County right -of -way. Crosby said he understands that the County will not allow the trail to be built on their right -of- way because of the dangerous crossing. Gappa said he met with the County and they refused to discuss building the trail on their right - of -way. Flint said there are two ways to deal with that issue. One way is to build the trail on Spring , Hill's property, but that leaves a segment with the question of how you get across the County property. The other way is to do it the long way, by getting the County to approve it. Crosby said that Spring Hill could post a bond where the City has discretion to go forward if it's not done on an acceptable basis within a period of time. He agreed that there should be a meeting with the golf course management where Crosby is present. He does not want to build something that is unsightly or dangerous if there is a possibility of the County giving permission to build the trail on its right -of -way. Sansevere asked if Spring Hill could revisit using a part of the cart path to cross Co. Rd. 6. Crosby said Spring Hill objects to using the tunnel to cross Co. Rd. 6 because it is not constructed for use in the winter and in the summer, it would be right in the middle of the golf course. Jabbour said it is too late to use the tunnel because the tunnel is already built and the size of the tunnel does not lend itself to being divided for public and private use. Crosby would like to arrange a meeting. He said that Spring Hill has announced to its membership that they are going to open in late June. He would like to see if through bonding or some other means they could preserve the opening date. He thinks most of the work can be • Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 is APPROVAL #2480 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH -FINAL PLAT APPROVAL - Continued completed quickly. He questioned the request to put the trail in up to the wetland. He understood that it was to be completed up to the maintenance facility. Flint said the contract provides that the trail will be put in up to the wetland. Crosby agreed, but he thought that subsequent discussions had it only going to the driveway. Flint said that is Tim Johnson's side of the discussion, but the City said no, build it to the wetland. He said that on the description of the easement, he wants it left as a ten -foot easement. He said the agreement provides for a four -foot trail. If the easement is defined as the middle of the four -foot trail, it would be virtually impossible for anyone to maintain the trail because you need room on either side. Crosby said he would not have a problem with saying two feet, together with the maintenance. He said the issue is for a subsequent Council that looks at this thinking they have all this space and then want to reroute the trail. Flint said the trail has already been moved because the original plan for the trail that the City had was to go on the golf course side of the wetland in the area of East Long Lake Road and . Spring Hill Road. There was great concern about that by the golf course because of safety reasons. The City backed off to the point of taking the ten -foot easement along the edge and having a little flexibility for the trail. He wants to stay with the original agreement. Barrett asked if there should be two descriptions, one of the easement and one of the trail. Flint thought the agreement contemplated that the easement would be ten feet except where the trail actually goes further. Crosby said that is what the legal description says. Jabbour said the original agreement was for a ten -foot easement to run parallel to the property line. When the City staff and the golf course staff visited the site, they could see that there was a natural direction for the trail that would preserve trees which was beyond the ten feet. He asked if they were saying that in that area, they do not want the City to have the ten feet that they are not using plus all the area beyond the ten feet because at some places it could be as wide as 30 feet. He asked if Crosby would rather describe the easement based on the existing trail plus two feet on each side it. Crosby said that in the area where the trail has not been constructed, he would describe the center line, give two feet on each side of the center line and some additional area for • maintenance rights. He said the reason for that is to avoid someone coming in at a later date Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14, 1999 ( #9) #2480 SPRING HILL GOLF CLUB, 725 SIXTHAVENUE NORTH -FINAL PLAT • APPROVAL - Continued and saying the trail has been in one spot for ten years, now let's move it in five feet within the ten -foot easement. Jabbour suggested that they try to figure out if the Council could work something out so the golf course could meet their deadline for opening and that the trail issues need to be resolved outside of the Council meeting. Crosby suggested that they try to get as much as possible done by June 25 and to the extent there are open issues, get a bond from Spring Hill. Sansevere asked if there are other issues that need to be addressed to get the course open on time. Crosby said no. Jabbour said they cannot open without a certificate of occupancy and the City cannot issue the certificate. Sansevere asked staff, with the current condition of the trail, what would be a realistic amount of time to expect it to be completed to the Council's satisfaction. • Crosby said the only part that would be difficult to complete is the part on the north side of Co. Rd. 6. Kelley asked if it would have to be bonded, would the City Engineer spec out what it would cost if the City had to complete the project. Jabbour said yes and the City would ask for 150% of the costs. He said the Council should consider not building some of the trail in lieu of the City having the right to build it in the future and the funds be deposited with the Park Commission. Flint wants to stay with the existing trail agreement. Crosby said that the existing trail agreement is not a document that can be filed. It doesn't have legal descriptions or notarizations and it has provisions that have fallen by the wayside. He said it was not his intention to change the agreement, only to take out language that isn't necessary. Crosby said he wants the language regarding an opaque fence from the existing Conditional Use Permit to be used in the trail agreement. Flint said he would agree if the fence will allow the free movement of animals. • Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( #9) #2480 SPRING HILL GOLF CL UB, 725 SIXTH A VENUE NORTH -FINAL PLAT APPROVAL - Continued Crosby said he will leave that language in. Crosby brought up the issue of liability. He asked if the City has indemnified land owners from responsibility for trails granted. Flint said the City has not indemnified land owners for any liability that might occur. The City has told land owners that if it would give them comfort, the City would accept the fee interest in the land rather than an easement. The choice has been left up to the land owner. Crosby said that was his understanding, but if the City has indemnified them in other cases, he would ask for it. Crosby said he understands that all issues have been resolved except for the trail. Crosby asked if, assuming the City and the golf course do reach agreement and assuming there is an acceptable bonding arrangement to the extent needed, does the City Council have the resolutions needed to permit the opening to go forward. Jabbour said they would ask the City Administrator to poll the Council based on the language agreed to and they could probably accept that. Crosby said he doesn't want to get into a position where someone thinks of something later on and there is a legal impediment to opening the course. • Barrett said there is an occupancy certificate needed for the buildings only. Gaffron said he talked with the building inspectors today and neither one of them had authorized issuance of the occupancy certificate. There has been a final inspection and there is a short punch list of things to do. Barrett said that the Conditional Use Permit itself requires that the applicant shall work with the City in establishing trails to be dedicated as described in Exhibit D. He said the Council talked about the bonding situation being acceptable to the City as a resolution of that, and then the CUP is met. The final question is whether or not the plat must be filed first. Crosby said there is a mechanical problem with filing the plat because Medina has to sign off on the plat. Jabbour said he believes Spring Hill has done everything they said they would do except complete the trail. He said if a legal mechanism can be found under which the City is assured of the completion of the trail, the Council would agree to issuing the certificate of occupancy. He asked if the other Council members agreed. They said yes. He said that assuming the building inspector and other City staff give their permission, the Council is willing to delay that part of the agreement which gives the City the right for the trail to be constructed prior to issuance of the occupancy certificate with the understanding we are going to get it and the due • diligence that we have to do to make sure we are going to get it. So the minute my Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #9) #2480 SPRING HILL GOLF CL UB, 725 SIXTH AVENUE NORTH -FINAL PLAT APPROVAL - Continued understanding that the Council is comfortable, the minute we have that in hand, that you, from our point of view, could be issued a certificate of occupancy and a conditional use permit. His feeling is that there should be a meeting and Crosby could prepare some modification to the document based on tonight's discussion. Crosby asked if there were any other specific concerns. Jabbour asked if the light on the equipment shed had been fixed. Gappa said there was some concern about the light spillage from the maintenance shed. Crosby reviewed the issues with the trail. Flint moved, Kelly seconded, a motion to table the Plat of Spring Hill Golf Club File No. 2480. VOTE: Ayes 5, Nays 0. ( #10) #2484 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4305 Kelley removed himself for this item. Jabbour said a revised resolution has been drafted for the Conditional Use Permit. The resolution must be reviewed to see if it reflects the understanding reached on May 24. Bruce Malkerson, 901 Marquette, referred to page 6 of the revised resolution, paragraph 7. He asked that the words "and they shall be completed before opening of the access" be added to the first sentence. Under 7.B., the 10 MPH speed limit signs should also be on Woodhill Avenue. Under 7.D,. he said they understood there would be two sets of speed bumps on Woodhill Avenue. The way the language is drafted, speed bumps do not have to be installed. Under 7.C., they want uniform traffic signs for the "Do Not Enter" sign on the public right -of- way. Jabbour said he did not understand that there would be speed bumps on Woodhill Avenue. Sansevere said it was his understanding that speed bumps would be put on Woodhill Avenue. Jabbour said the whole thing is Woodhill Avenue, but he understood the only place they were going to put speed bumps is in the area they are building, not in the existing street. Malkerson said that was not his understanding. Page 18 0 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14, 1999 • ( #10) #2484 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - CONDITIONAL USE PERMIT- Continued Jabbour said that speed bumps prohibit snow removal and he does not believe the Public Services Director is in favor of them. Jim McCarthy, representing Woodhill Golf Course, said he talked about a grammatical change to paragraph 12 with Barrett and Gaffron. He distributed a copy of the change. His understanding of the 10 MPH speed limit was that it would be on the access area from the stop sign up to the maintenance building. It was not his understanding that the speed limit would be changed on the public street. He said they would leave the location of the speed bumps up to the Public Service Director. He agrees with placing the "Do Not Enter" sign on the street. He said that with the slight modification of a couple of words on paragraph 12, the items can be worked through with staff and Mr. Barrett. Jabbour asked if Mr. Malkerson had a chance to look at the modification to paragraph 12. Malkerson said he just received it. Barrett said he would not recommend that the City at this point or in its previous hearing found as a fact that the acceptance of this was not a waiver or without prejudice. He said the • City was going to do this without reference to it's legal impact. He believes the Council could accept the language provided that it reads "the applicant asserts that its agreement to the conditions is met." Jabbour said this is a two -fold issue. This is our resolution, this is what we were going to do whether or not there was a lawsuit. He said hopefully Woodhill will find the wisdom to drop the lawsuit, but if they don't want to drop the lawsuit, that is their privilege. He believes the Council is acting reasonably and within its authority. He asked if this document has to be a settlement of the lawsuit because he never proceeded that way. Barrett said it does not, it simply states that they wish to reserve, they assert that they are by accepting it still preserving their position and it states that the City would, if they wish, dismiss without prejudice which is what he understood to be the intent of the Council from the hearing four weeks ago. Jabbour asked if Barrett had a problem with the change. Barrett said he would accept the proposal, but adding the word "asserts ". Jabbour asked if Jackson would agree to using the word "asserts ". Jackson said he agreed. L Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #10) #2484 WOODHILL COUNTRY CL UB, 200 WOODHILL ROAD - CONDITIONAL • USE PERMIT - Continued Moorse said that the issue of Woodhill Avenue having a 10 MPH speed limit is different from what he had understood. Sansevere said that wasn't his understanding either. Moorse said he does not know if the City has the authority to change the speed limit on the street. Gappa said the City does not have the authority to change the speed limit from 30 MPH. Jabbour explained that the City would have to ask the State for permission to lower the speed limit. The State would conduct a speed survey and change the speed limit accordingly. If the majority of the vehicles are traveling faster than 30 MPH, there is a possibility the State would raise the speed limit, not lower it. Sansevere said the speed bumps will keep the speed closer to 10 MPH. Jabbour asked if Malkerson wants the City to ask the State to lower the speed limit. Malkerson asked if there will be speed bumps. • Sansevere, Peterson and Flint said it was their understanding there would be speed bumps on Woodhill Avenue. Malkerson said they would not request the 10 MPH speed limit if there are two speed bumps on Woodhill Avenue. Moorse asked for clarification of the speed bumps. Jabbour said there should be two speed bumps on the existing paved road. Barrett said these items, including the speed bumps, shall be completed before the road is opened. Gappa asked for clarification of who will pay for and maintain the speed bumps. Jabbour said the Club will pay for them. Gappa said they will need to put warning signs up at each one and have them painted and maintained with yellow paint. • Page 20 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( #10) #2484 WOODHILL COUNTRY CL UB, 200 WOODHILL ROAD - CONDITIONAL USE PERMIT- Continued Flint moved, Sansevere seconded, to approve Resolution No. 4305 Granting a Conditional Use Permit to Woodhill Country Club for a Driveway Access to Woodbill Avenue, File No. 28484, as amended. VOTE: Ayes 4, Nays 0. (5 Minute Recess) ( * #11) EXTEND ADULT USE MORATORIUM - ORDINANCE NO. 189, 2nd Series Peterson moved, Kelley seconded a motion to adopt Ordinance No. 189, Second Series, Extending an Interim Moratorium on the Granting of Building Permits, Land Subdivisions, Rezoning Applications, Conditional or Special Use Permits, Variances, or Other Authority Relating to Adult Uses in All Commercial and Industrial Districts in the City of Orono. VOTE: Ayes 5, Nays 0. ( * #12) EXTEND SERVICE 800 ACCESS AGREEMENT DEADLINES - ACCESS DISCUSSION Peterson moved, Kelley seconded a motion to approve extending the deadline for Mn/DOT reconveyance approval to July 31, 1999. VOTE: Ayes 5, Nays 0. • MAYOR/COUNCIL REPORT Jabbour said the Council had been mislead to think they had anything to say about the closing of Townline Road. He said it became apparent during a recent meeting with the other cities and Mn/DOT that Orono's suggestions would not be considered by NhMOT. Jabbour said he asked Tom O'Keefe if he would advocate Orono's position and O'Keefe said he would not. Mn/DOT is going to close the road. He said the only way to keep Townline Road open is to petition for County Road 19 to move to Townline Road. Jabbour said he would still like to have a joint meeting with Independence and asked Moorse to contact them. If Independence does not want to meet, staff should send a letter to the residents of Orono and Independence telling them what happened. Orono has three options: 1) petition to move County Road 19 to Townline Road, 2) cul -de -sac the road on Orono's side, or 3) close it. Jabbour said that the City Administrator has given the Fairview Covenant Church until tomorrow to come up with a signed purchase agreement. The City Administrator is planning to start the 90 day quick -take process on Wednesday morning if the signed purchase agreement is not received. The City will vacate the alley. At the Park tour, the Council decided that they are going to direct staff not to spend the money on trees at Seven Nations Park. • Kelley moved, Sansevere seconded, a motion to reconsider spending money for trees at Seven Nations Park. VOTE: Ayes 4, Nays 1. (Flint objected) Page 21 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 MAFORICOUNCIL REPORT - Continued • Kelley asked staff for an update on Ferndale Road North. Kellogg said that the utilities will be done in a few days. He said that by the end of this week they will start subcutting the road and put the base in for the street. They will start on the south end by the bridge and work north a little bit at a time. The completion date is in September. Kelley asked about the width of County Road 15. Gappa said the north side will be cut back. Kelley asked if the storm sewers go into the wetland with no filtering. Gappa said that some of them do and that's why they did the payment in lieu of the ponding. He said the drainage has always gone off the road into the wetland. Kelley asked if the wetlands will be restored. Gappa said they will have to restore the wetlands. Kelley asked about the time frame for the project. • Gappa said it is supposed to be finished by the end of the season. He said they have had major problems with the surcharging and settling. Kelley asked staff to check the intersection of County Road 6 and McCully because it is very poorly signed and reflected. He said it is very difficult to drive in that area at night. Gappa said that the residents in that area have complained and asked for street lights. Sansevere asked if it would be feasible to look into the City putting a tunnel under Co. Rd. 6 for the trail. Jabbour suggested taking money in lieu of doing the trail on the other side of Co. Rd. 6. Jabbour said he has had complaints from citizens that things aren't getting done. He said there is a lack of staff, but he doesn't want situations to drag on for months. He believes the Council must deal with citizens in a straight forward manner and not negotiate matters indefinitely. Flint asked about the City of Medina's request for Orono input regarding additional sewered development in the Medina Morningside area. He likes staff's suggestion regarding a buffer . strip. Page 22 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • MAYOR/COUNCIL REPORT - Continued Jabbour said he does not want to act on this request until the outcome of Townline Road is known. He asked that a letter be sent to Medina informing them that the City will not be able to make a determination about the availability of additional sewer units until the plans for the replacement of the current sewer trunk line as part of the Highway 12 upgrade project are completed. ENGINEER REPORT ( #13) SCHEDULE PUBLIC HEARING FOR FOX RIDGE SANITARY SEWER PROJECT A. ORDER PREPARATION OF REPORT FOR FOX RIDGE SEWER - RESOLUTION NO. 4306 Kelley asked if the sewer will be located underneath the bridge at the Luce Line. Gappa said it will go underground under the Luce Line with directional boring. Kellogg said it is a small diameter pipe. Kelley said staff should not be shortsighted and put in too small a pipe. He said staff should • consider whether the pipe should be run all the way down Brown Road in the future. Kelley asked about the Webber Hills project. Kellogg said the Webber Hills project will be independent of the Fox Ridge project. Kelley said he just wants to make sure the right size pipes are used in the right spots to allow f or future expansion. Jabbour said it would be helpful for staff to present a grid showing how areas will be sewered and also showing a 25 or 50 year grid showing the size of the pipe. He said that the Long Lake and Orono sewer systems should be looked at to see if they could be integrated. Moorse said staff has been working with Long Lake's consultant engineer to put together a scope of services to see if there are some efficiencies that can be put in place. Kelley moved, Peterson seconded, a motion approving Resolution No. 4306 Ordering Preparation of a Feasibility Report for the Installation of Municipal Sanitary Sewer to Serve the Foz.Ridge Area. VOTE: Ayes 5, Nays 0. B. RECEIVE REPORT AND SCHEDULE HEARING FOR FOX RIDGE SEWER, • RESOLUTION NO. 4307 Page 23 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( #13) SCHED ULE PUBLIC HEARING FOR FOX RIDGE SANITARY SEWER • PROJECT - Continued Peterson moved, Sansevere seconded, a motion approving Resolution No. 4307 Receiving Report and Calling Hearing on Fog Ridge Sanitary Sewer Improvement. VOTE: Ayes 5, Nays 0. ( #14) APPROVE PURCHASE OF LAWN MOWERS FOR GOLF COURSE Flint said he is concerned because there are requests for equipment from the golf course and there are separate requests for equipment from the City. Gappa said the park mowing has been contracted out for several years and the golf course is a separate operation and do their own mowing. The City maintenance people do roadside mowing. Flint would like all the City public works coordinated. Gappa said a different type of mower is necessary for the fairways at the golf course. Flint moved, Peterson seconded, a motion approving the purchase of a TORO Groundmaster 223-D rough mower from MTI Distributing, Plymouth MN for $15,921.00. VOTE: Ayes 5, Nays 0. • Flint moved, Peterson seconded, a motion approving the purchase of a TORO Reelmaster 5200 fairway mower from MIT Distributing, Plymouth MN for $22,960.34. VOTE: Ayes 5, Nays 0. Flint moved, Peterson seconded, a motion to amend the 1999 Golf Course Capital Outlay Budget to delete the maintenance shed addition and approve the purchase of a rough mower and a fairway mower. VOTE: Ayes 5, Nays 0. ( * #15) APPROVE PURCHASE OF PUBLIC WORKS TRUCK Peterson moved, Kelley seconded, a motion to approve the purchase of Public Works replacement dump /plow truck from Boyer Ford with accessories from J Craft at a total cost of $73,415.00 to be funded from the Improvement and Equipment Outlay Fund budget with a budget adjustment of $73,415.00. VOTE: Ayes 5, Nays 0. ( * #16) REQUEST FOR PAYMENT #3 - LIFT STATION #13 REHABILITATION Peterson moved, Kelley seconded, a motion to approve Request for Payment #3, to GHT construction, Delano, MN in the amount of $4,037.88. VOTE: Ayes 5, Nays 0. 0 Page 24 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( * #17) REQUEST FOR PAYMENT #8 - NAVARRE WATER TREATMENT PLANT REHABILITATION 0 Peterson moved, Kelley seconded, a motion to approve Request for Payment #8, to Shank Constructors, Brooklyn Park, MN in the amount of $28,193.00. VOTE: Ayes 5, Nays 0. ( * #18) APPROVE PURCHASE OF FUEL SYSTEM Peterson moved, Kelley seconded, a motion to award the bid for the fuel dispensing system to Griggs Contracting, Shoreview, MN in the amount of $5,620.00, including sales tag; to be funded from the Improvement and Equipment Outlay Fund and to amend the budget by $5,620.00. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #19) TAX FORFEIT PARCEL, 1025 BROWN ROAD SOUTH - RESOLUTION NO. 4308 Peterson moved, Kelley seconded, a motion to approve Resolution No. 4308 to Release Tag Forfeited Land at 1025 Brown Road South for Private Sale to Adjacent Owners. VOTE: Ayes 5, Nays 0. ( * #20) SUBREGIONAL HOUSING EFFORTS Peterson moved, Kelley seconded, a motion indicating the City's support for, and participation on, a lake area housing subcommittee to determine how cooperative efforts can best be used to address lake area housing needs. VOTE: Ayes 5, Nays 0. ( * #21) FEE SCHEDULE AMENDMENT - ORDINANCE NO. 190, 2ND SERIES Peterson moved, Kelley seconded, a motion to approve Ordinance No. 190, 2nd Series, Amending Ordinance No. 181, 2nd Series, an Ordinance Adopting the 1999 Fee Schedule. VOTE: Ayes 5, Nays 0. ( * #22) RESIGNATION OF CAROL HANSING, PART -TE%IE CLERICAL - POLICE DEPARTMENT Peterson moved, Kelley seconded, a motion to approve Carol Hansing's resignation from her position as a part-time police clerk. VOTE: Ayes 5, Nays 0. Page 25 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( * #23) RESIGNATION OF STEVE WECKMAN, ON -SITE SYSTEMS MANAGER - • RESOLUTION NO. 4309 Peterson moved, Kelley seconded, a motion to approve the resignation of Steve Weckman from his position as On -Site Septic Manager effective June 18, 1999, and to adopt Resolution No. 4309 recognizing Steve for his 9 years of dedicated service to the City. VOTE: Ayes 5, Nays 0. ( * #24) APPOINTMENT OF DON PALMETEER TO TEMPORARY BUILDING INSPECTOR POSITION Peterson moved, Kelley seconded, a motion to approve the appointment of Don Palmateer, Jr. to the temporary Building Inspector position at the Level 7, Step 1 pay rate of $16.00 per hour effective June 15, 1999. VOTE: Ayes 5, Nays 0. ( * #25) APPOINTMENT OF KRISTINE JENSON TO ASSISTANT ZONING ADMINISTRATOR POSITION Peterson moved, Kelley seconded, a motion to approve the appointment of Kristine Jenson to the position of Assistant Zoning Administrator/Planner at the Level 6, Step 2 salary of $32,629.00, effective June 15, 1999. VOTE: Ayes 5, Nays 0. ( * #26) APPOINTMENT OF ADRIENNE MADSON TO PART- TI1%1E POLICE RECORDS CLERK POSITION Peterson moved, Kelley seconded, a motion to approve the appointment of Adrienne Madson to the position of Part -Time Police Records Clerk at a pay rate of $10.54 per hour, in the Level 3 part -time position pay range, effective June 7, 1999; and to authorize the payment of the $1,000 fee to the temporary employment agency. VOTE: Ayes 5, Nays 0. ( * #27) APPOINTMENT OF WENDY BOTTENBERG TO ZONING INTERN POSITION Peterson moved, Kelley seconded, a motion to approve the appointment of Wendy Bottenberg to a six -month Zoning Intern position at a rate of $10.00 per hour. VOTE: Ayes 5, Nays 0. ( 428) PROMOTION OF PAUL WEINBERGER TO ZONING ADMINISTRATOR/PLANNER III POSITION Peterson moved, Kelley seconded, a motion to approve the promotion of Paul Weinberger to the position of Zoning Administrator/Planner III, at the Level 9, Step 2 pay rate of $40,920.00, effective June 14, 1999. VOTE: Ayes 5, Nays 0. Page 26 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14, 1999 • ( * #29) ORDINANCE AMENDMENT TO ENABLE ASSESSMENT OF COSTS TO REMEDY HEALTH AND SAFETY ISSUES ON PROPERTY - ORDINANCE NO. 191, 2ND SERIES Peterson moved, Kelley seconded, a motion to approve Ordinance No. 191, Second Series, an Ordinance Amending Orono Municipal Code Section 9.55 Maintenance of Private Property to Include Provisions to Allow the use of Special Assessments to Recover Costs Relating to the Correction of Violations to this Code Section. VOTE: Ayes 5, Nays 0. ( #30) DNR INTEREST IN TAX FORFEIT PARCEL ADJACENT TO WOOD -RILL SNA Kelley said he is in favor of releasing the parcel to the DNR. Moorse said the DNR plans to restore the parcel to presettlement conditions. He asked if the Council wanted to put any conditions on releasing the parcel. He said that staff considered a condition of not allowing an access of from Highway 12. Barrett said that the City may not be able to put any conditions on it. Peterson moved, Sansevere seconded, a motion to direct the City Administrator to prepare a resolution releasing a tag forfeit parcel adjacent to the Wood -Rill SNA to the DNR. VOTE: Ayes 5, Nays 0. ( * #31) AMENDMENT TO COMPENSATION POLICY Peterson moved, Kelley seconded, a motion to approve an amendment to Section 318. Severance of the City's Administrative Policy to provide that all regular employees with a minimum of three years of service who resign in good standing shall receive payment of accrued vacation to a maximum of 240 hours, and one -third of their accumulated sick leave as severance pay. VOTE: Ayes 5, Nays 0. ( * #32) REQUEST FOR REPLACEMENT OF MICROFICHE READER/PRINTER Peterson moved, Kelley seconded, a motion to approve the purchase of a Bell and Howell ABR 2000 Bond Reader/Printer at a cost of $2,913.00, and to amend the Improvement and Equipment Outlay Fund budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT n L.J Page 27 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 ( * #33) LICENSES 0 Peterson moved, Kelley seconded, a motion to approve the following licenses: Garbage & Refuse Collector's License: Frank Blackowiak Blackowiak & Son Sanitation & Rolloff Service 1155 Sunnyfield Road North Mound, MN 55364 VOTE: Ayes 5, Nays 0. ( * #34) BILLS Peterson moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Jabbour said that there are some residents from Mound that want to talk to the Council regarding a community center. They will be included on a work session agenda. Moorse told the Council that the June 16 work session has been cancelled and there will be a tour of townhouses in Plymouth, Wayzata, Minnetonka, and Tonka Bay on June 24th. F4vlx11181:�►1► i �1►Y Jabbour moved, Peterson seconded, a motion to adjourn the meeting at 11:00 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabrie Jabbour, Mayor 0 Page 28