Loading...
HomeMy WebLinkAbout08-23-1999 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 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, City Engineer Tom Kellogg, Zoning Administrator/Planner Paul Weinberger and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Items 5, 6, 7, 8, 9, 12, and 13 were added to the Consent Agenda. Sansevere moved, Kelley seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. PRESENTATION BY MARK ENGEBRETSON REGARDING ORONO ICE ARENA OPERATIONS Mark Engebretson, representing the Orono Ice Arena Board, stated that the Orono Ice Arena Association provides an annual report to the School District regarding the operation of the ice arena. He said the Ice Arena Board would like to provide the Orono City Council with an • annual report. The rink is owned by a Minnesota non - profit corporation called Orono Ice Arena, Inc. It is a separate corporation from the youth hockey program. The non - profit corporation owns and operates the rink. He told the Council that the Ice Arena Board consists of five members and the City is entitled to appoint a board member, which the City has not yet done. He urged the Council to exercise its right to have a representative on the Ice Arena Board. 0 Engebretson said the rink has been paid for with private donations. The total project cost will be approximately $3,000,000 and they still need to raise approximately $450,000. On June 1 they kicked off a $475,000 campaign and they have raised $25,000 against it. Engebretson said the rink is successful from an operating standpoint. They are able to use some excess operating funds to keep improving the rink. Engebretson reported that there is an issue with the landscaping. He apologized on behalf of the rink for the state of the landscaping. He said the rink is located on a difficult site because it has a variety of topography. It is also a difficult site legally because there is a city - owned ditch on the Old Crystal Bay right -of -way, there is an official wetland on the site, and a detention pond where they are not sure if they can cut the vegetation. He stated that their landscape engineers recommended planting a prairie mix of wildflowers, but it has not been successful and it looks like weeds. They have also had some trees die in the area where the dehumidification units are located. He asked if it would be appropriate for the Council to Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 PRESENTATION BY MARK ENGEBRETSON REGARDING ORONO ICE ARENA OPERATIONS - Continued . direct City staff to work with the Ice Arena Board to come up with a landscape plan. He said there are funds available for landscaping. Jabbour said the Council is grateful for the ice arena and they would like to help them reach their financial goal. He asked the Public Services Director to assist the Ice Arena Board to develop a landscaping plan. Engebretson said they need help determining which areas they are entitled to cut. Jabbour asked if the Council members approved of City staff working with the Ice Arena Board to develop a plan to solve the landscaping problems. Sansevere, Flint and Peterson said they would support staff working with the Ice Arena Board. Flint complimented Mr. Engebretson on his positive attitude regarding the problem. He said the issue with the grasses is difficult because Orono encourages that type of landscaping. Engebretson said they have concluded that it just didn't work. Jabbour suggested they consult the DNR for guidance on the wildflowers. • Kelley said there is a potential problem with a new pond that has been built by the School District. He does not understand how the new pond works in conjunction with the ditch and the Ice Arena's pond. He feels the ponding needs to be reviewed by staff. Kellogg said he would review the plans for the ponding. Kelley asked if the school is planning to sod all the way to the pond. Kellogg said he believes it was all sod around the perimeter of the pond. He said the cattails in the pond should not be cut because they provide a safety buffer. Jabbour said that City staff will work with the Ice Arena Board to provide guidance on the landscaping issues. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF AUGUST 9, 1999 Sansevere moved, Kelley seconded, to approve the Minutes of the Regular City Council meeting of August 9, 1999, as submitted. VOTE: Ayes 5, Nays 0. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 • PARK COMMISSION COMMENTS - Jim White, Representative White said that the Orono School District recently notified 140 families, mostly in Navarre, that their kids will be dropped off the school bus in the parking lot across from the park in Navarre. There will also be a group dropped off at North Arm Park. He said this is a good opportunity for the City to do something that would coincide with National Childhood Injury Prevention Week. He suggested the City put a bike rack at the Navarre park because children will be biking from all over Navarre. Kelley asked if children will be crossing County Road 15 at rush hour. White said they will be crossing County Roads 15 and 19. He said the School District told the parents that if they came up with $38,000, the School District would add a bus. Sar.:were asked why the bus was eliminated. White said these are out -of- district kids and the school is $160,000 short of funds to pay the busing costs. Kelley said there has not been very much family involvement with planning of the Navarre Park. He is not in favor of spending funds on a park where there is no resident participation. • White said the park will be used if it is improved. Kelley asked if the Park Commission is planning to hold neighborhood meetings regarding the park. 0 White said the Park Commission will present the plans to neighborhood residents. Jabbour said the Council should approve the bike rack. Sansevere said the Council should try to think of some alternatives beyond that because it will be dangerous for children to cross County Road 15. He feels it is irresponsible of the School Board to subject children to potential disaster. Kelley said the Police Department should be involved with the crossing. Jabbour said the City cannot absorb the cost that the School District is saving by cutting a bus. He said that perhaps the Saga Hill children could be dropped off at Fairview Covenant Church. White said there are better drop off points than what the School District decided on. He said the bus company figured it out to their convenience, not the convenience of the children. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 PARK COMMISSION COMMENTS - Continued Jabbour agreed that this is a public safety issue. • Kelley said that the kids will be wandering through Navarre after they are dropped off. White said that parents made suggestions to the School District for better drop off points, but the School District said it had already been decided. Jabbour said that perhaps the Orono and Mound - Westonka school districts should be merged. Sansevere asked how much time it would take for the bus to drop the kids off the way they were in the past. White said ten minutes, five minutes down to Casco Point and five minutes back. White said the Park Commission needs two new members. Jabbour asked if the Park Commission needs to have seven members or if there could be five members instead. White agreed that five members would be adequate. Jabbour said the City will advertise for volunteers. He stated that there was a very good • meeting with Mn/DOT and Hennepin Parks regarding the Dakota Rail Line. He believes that the rail line will cease operations on October 15th. He also stated that the City has a tentative agreement to buy a piece of land from Mr. Larson in Navarre. Flint said there was a discussion at the Council's last work session about where the park dedication fees should go and there was a strong consensus among the City Council members that the fees should be used for land acquisition and not for capital equipment. PLANNING COMMISSION COMMENTS None PUBLIC COMMENTS None Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 • ZONING ADMINISTRATOR'S REPORT ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - LAKE MINNETONKA WOODS - FINAL PLAT APPROVAL - RESOLUTION NO. 4333 Bill Gleason, representing Brook Park Realty, was present. Gaffron presented the staff report. He said this is a request for final plat approval for the Lake Minnetonka Woods Townhome Development in Navarre which is a 29 -unit townhome development. The DNR has indicated to staff that they will be following up on the potential restoration of an area that has been filled in over the past 15 or 20 years. The developers have agreed in principle to do whatever restoration work is required. The existing driveway serving the adjacent Sohns' property will be partially relocated back onto the Sohns' site as part of this development. Jabbour asked if the developer will grant Sohns an easement for the portion of the driveway that will not be relocated back onto the Sohns site. Gleason said yes. Gaffron said it is a temporary easement that will disappear when the Sohns interest in the property is eliminated. • Jabbour asked if the DNR would mandate that the driveway be moved in order to restore the wetland. 0 Gaffron said if the DNR mandates that the driveway be moved, there will be a question of how Sohns will gain access to the property. Jabbour questioned the construction of the road connection to the west. Gaffron replied that Outlot B is for future road extension to the west and it will not be developed without Council approval. Funds will be escrowed for the future construction of the road connection. Jabbour asked if the cul -de -sac will be needed. Gaffron said the cul -de -sac would not be needed if it becomes a through -road. Kelley asked if the landscape plan includes screening if the railroad bed becomes a trail. Gaffron explained the landscape screening. Kelley questioned the types of trees that will be used. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23,1999_ ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Gaffron replied that there will be deciduous trees planted. • Jabbour requested that the applicant inform potential buyers that there may be a trail located next to the property. Gleason said there is quite a bit of vegetation along the railroad, but they are not adverse to adding conifers for additional screening. Gaffron said that the applicant has requested that building permits be issued prior to road completion for the two buildings at the northeast corner of the site, one on each side of Livingston Avenue. These two buildings will be located approximately 75' from the existing end of Livingston Avenue, so emergency access should not be an issue. He said staff recommends approval of the issuance of the permits for these two buildings. Kelley questioned the need for mud and dust control on Livingston Avenue. Gaffron said that staff will monitor the situation throughout the project. Jabbour asked if there could be a temporary easement through the Sohns' property for access to the site during construction. Gleason said he would talk'to Sohns about an easement and the mud and dust control will be . discussed with the contractors at a preconstruction meeting. Kelley said the applicant may need to rent a street sweeper to keep the street clean. Gleason said that keeping the street clean is part of the contractors' bids. Gaffron said the applicant has suggested he would like to start the site grading. He said staff would not object to that pending approval by the City Council and receipt of the letter of credit. He reviewed the punchlist of items that are still pending. The draft title policy was received tonight about 6:00 p.m. and needs to be reviewed by Mr. Barrett, but it appears to meet the requirements. Flint said he did not see a reference for the easement that goes north/south down to County Road 15 for the trail. Gaffron said he was not aware there was a requirement for that to be a public trail. Flint said that in prior discussions, the Council was asked whether it was to be a public trail and they said yes. 0 Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 • ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Gaffron said if it is the Council's intent that it be a public trail and the developer does not object, the easement could be incorporated. Gleason said he did not object. Gaffron said the subdivider's bank will not have the letter of credit ready for another week and the City has not received payment of the required fees for final plat, legal review /filing, park dedication, or sewer & water. He recommended that any approval granted tonight should be conditioned on not filing the plat until the City Attorney is satisfied with the title policy and all other conditions are met. Jabbour questioned the $53,162 fee for sewer and water. Gaffron said this property was assessed 30 years ago for sewer and 20 years ago for water as commercial property. They paid a premium price then and never got any of that money back so they receive a credit. They are being assessed the difference between what they paid for a number of units in the past and the current number of units under the current ordinance. Jabbour asked if the City is assessing the developer for the water treatment plant assessment. • Gaffron said he would review the matter because he was not sure if that assessment was applied to this property because vacant properties were not assessed. 0 Jabbour explained that an assessment of $350 per home was made for rehabilitation of the water treatment plant. Gleason asked if it could be tied to the building permit or if it had to be assessed to the property. Gaffron said he believes it was assessed to properties that had a residence structure on them and was not assessed to vacant properties. Gleason said he would prefer to pay the fee up front. Flint referred to the last three paragraphs on page 4 of the prior resolution regarding the lawsuit and said they should be included in the final approval resolution in case anyone else tries to use this as a precedent. Gaffron said he initially put the paragraphs in the draft, but after discussions with the City Attorney, he took them out. Jabbour asked Mr. Barrett whether the paragraphs should be included. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23,1999_ ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Barrett said that Flint's position suggesting that they may be more effective in preventing • arguments from precedent is a good one. Flint said the purpose is so that if others come to the Council and want a development this intensive, that the Council can talk about the reasons why this was done the way it was. He suggested the paragraphs be added. Gaffron asked if all three paragraphs should be included. Barrett said the last paragraph is moot. Flint moved, Sansevere seconded, to approve Resolution No. 4333 Approving a Conditional Use Permit for Planned Residential Development and Approving the Plat of Lake Minnetonka Woods, File No. 2308, subject to the addition of the two whereas paragraphs that were in the preliminary plat approval, the addition of the public easement for the north /south trail to County Road 15, the $350 per unit assessment for the rehabilitation of the water treatment plan, receipt of the letter of credit, payment of all fees and approval of the title policy by the City Attorney. VOTE: Ayes 5, Nays 0. Gaffron asked if the Council would authorize staff to issue building permits for the two buildings nearest existing Livingston Avenue prior to completion of road and utility improvements, and to likewise authorize commencement of site grading prior to recording of • the plat. Jabbour said he did not have a problem with it. He asked if staff had a problem with it. Gaffron said staff did not have a problem with it because both of the buildings are closest to Livingston Avenue for emergency exit. Jabbour said if the applicant is willing to work with the City on resolving some of the issues, the City would work with the applicant. The other Council members agreed. ( #4) #2518 GEORGE W. STICKNEY - MID -US PROPERTIES LIMITED PARTNERSHIP, 250/340 OLD CRYSTAL BAY ROAD SOUTH - FINAL PLAT APPROVAL - RESOLUTION NO. 4334 George Stickney, Applicant, was present. Weinberger presented the staff report. He said the main issue that arose with this subdivision at the time of preliminary plat approval was some of the concerns for the development just north of the Luce Line Trail which is owned and operated by the DNR. The City's storm water management plan had indicated there should be a change in the culvert size. There is an existing 36" culvert located just north of the Luce Line Trail. The culvert runs underneath the • Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 ( #4) #2518 GEORGE W. STICKNEY - MID -US PROPERTIES LIMITED PARTNERSHIP, 2501340 OLD CRYSTAL BAY ROAD SOUTH - Continued Luce Line Trail, eventually draining downstream through some residential properties located to the south. The stormwater management plan indicated that this culvert shall be restricted to an 18" drainage control structure. In order for the drainage on the property to work, it requires some grading along the Luce Line Trail. Restricting the flows from a 36" drainage structure to 18" would actually raise the water level located within the wetland just north of the Luce Line. The developer has agreed to do some regrading and do some filling along the horse trail to raise the horse trail above what would be the flood level in that area. Weinberger said that another issue that came up at the time of preliminary plat was responsibility regarding the maintenance and eventual construction of the new drainage structure. Mr. Stickney, as the subdivider, is responsible for the replacement of the drainage structure and the replacement of the culvert underneath the Luce Line Trail. The overall and long -term maintenance of the portion of the culvert located within the Crystal Bay Preserve and drainage structure will be handled by the homeowners association of Crystal Bay Preserve. The DNR will maintain the portion of the culvert that runs underneath the Luce Line Trail. Weinberger said that another issue was the grading on the property. The grading for the road was begun, but was stopped because the grading permit was not received from the Minnehaha . Creek Watershed District. The Watershed District discussed the application at their meeting on August 12th and it will be on their agenda for final approval on August 26th. Mr. Hafner with the Watershed District has indicated the application will receive a favorable recommendation from the Watershed District, but it is a condition of the plat that the City will not release the subdivision for filing until the permit has been received from the Watershed District. u Kelley said he does not understand the drainage system because of the size and depth of the pond. Stickney said it is not finish graded at this point. Kellogg said the pond was designed to meet NURP standards. Jabbour asked who designed the pond. Stickney replied that Mark Gronberg, the DNR, the Watershed District and Tom Kellogg have reviewed the plans for the pond. He said it has been engineered to take care of a lot of problems downstream for years to come. Kellogg stated the purpose of the pond is to treat the drainage coming off the hardcover. Kelley said that the way the road is currently graded, the water will not drain into the pond. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 ( #4) #2518 GEORGE W. STICKNEY - MID-US PROPERTIES LIMITED PARTNERSHIP, 2501340 OLD CRYSTAL BAY ROAD SOUTH - Continued • Stickney replied that he had to stop the grading before it was completed. Kellogg said the depth of the pond would be eight feet. Flint asked how safety is handled in the pond. Stickney said the pond will have a gradual slope. Kellogg said there should be a 3 to 1 slope outside the ponding area. There should be a 10 to 1 bench, which means for every 10 feet horizontally, it falls 1 foot vertically around the perimeter of the pond. This bench keeps the water shallow, promotes the growth of aquatic vegetation and provides a natural barrier to the water. Flint moved, Peterson seconded, to approve Resolution No. 4334, Approving the Plat of Crystal Bay Preserve, File No. 2518, and to approve the naming of the private road to be developed within Outlot A as Deer Run Trail East. Jabbour asked if staff wanted to include any conditions of approval. Weinberger replied that the conditions are listed in the resolution. Kelley questioned the location of the building envelope for Lot 3. He asked if the Watershed District would allow a driveway to cross the drainage area. Stickney said they will allow it if he keeps a 36" culvert there. VOTE: Ayes 5, Nays 0. ( * #5) #2506 EDWARD H. HAMM, 485 ORONO ORCHARD ROAD SOUTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4335 Sansevere moved, Kelley seconded, to approve Resolution No. 4335 Granting a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3(G), File #2506, 485 Orono Orchard Road South. VOTE: Ayes 5, Nays 0. ( * #6) #2508 JAMES ERLER, 3448 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4336 Sansevere moved, Kelley seconded, to approve Resolution No. 4336 Granting a Variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) File No. 2508, 3448 North Shore Drive. VOTE: Ayes 5, Nays 0. 0 Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 ( * #7) #2509 ANDREW RONNINGEN, 3030 CASCO POINT ROAD - VARIANCES - • RESOLUTION NO. 4337 Sansevere moved, Kelley seconded, to approve Resolution No. 4337 Granting a Variance to Municipal Zoning Code Section 10.22, Subdivision 1(B), File No. 2509, 3030 Casco Point Road. VOTE: Ayes 5, Nays 0. ( * #8) #2515 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET - VARIANCES - RESOLUTION NO. 4338 Sansevere moved, Kelley seconded, to approve Resolution No. 4338 Granting Variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.03, Subdivision 14(C), File No. 2515, 1685 Concordia Street. VOTE: Ayes 5, Nays 0. ( * #9) #2517 SCOTT AND LISA BITTMAN, 25 BROWN ROAD SOUTH - VARIANCES - RESOLUTION NO. 4339 Sansevere moved, Kelley seconded, to approve Resolution No. 4339 Granting a Variance to Municipal Zoning Code, Section 10.28, Subdivision 5(B), File No. 2517, 25 Brown Road South. VOTE: Ayes 5, Nays 0. ( #14) EXTENSION OF SEWER SERVICE TO 2090 SHORELINE DRIVE - • RESOLUTION NO. 4341 Martha Head, Applicant, was present. • Head stated the only issue she has is that the ownership of the property is actually in her husband's and his sister's names. Moorse stated that a revised resolution was prepared correcting the first Whereas clause to show that the property is owned by Douglas Head and Sally Bosanko. He said there is also an Exhibit A which is a legal description of the property. Barrett requested that if the Council adopts the resolution, that number 1 in the resolution be amended to read that the deed covenant be in a form acceptable to the City Attorney. He asked if Mrs. Head had any objection to that. Mrs. Head replied that she had no objection. Peterson moved, Flint seconded, to approve Resolution No. 4341 Regarding the Extension of Municipal Sanitary Sewer Service to the Head Property at 2090 Shoreline Drive with the correction to the legal name of the owners of the land, the deed covenant will be in a form acceptable to the City Attorney, and the legal description of the land will be part of the resolution. VOTE: Ayes 5, Nays 0. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 (##14) EXTENSION OF SEWER SERVICE TO 2090 SHORELINE DRIVE - Continued • Jabbour stated the Heads made the request to extend sewer service to their property. There are four other houses between them and the lift station that do not intend to connect to the City's sewer service. Based on the discussion regarding the Fox Ridge sewer service, there was a potential change in the City's assessment policy. If the line will potentially service other homes, funds could be banked for future connections to reduce the per -unit costs. Jabbour said he is not in favor of changing the policy at this time, but if the policy is changed, the amount charged the Heads should be reviewed. MAYOR/COUNCIL REPORT Jabbour stated that he and Jim Murphy met with Tom O'Keefe, the preliminary design engineer for the Highway 12 project. There may be a new design engineer for the final design phase. They suggested to Mr. O'Keefe that the design engineer for the final design phase should work with him now so he becomes familiar with the people and issues involved in the project. Mr. O'Keefe agreed this would be a good idea. The preliminary design has been presented to the City. Jabbour reported that he and Mr. Flint met with Hennepin Parks, Peter Johnson, a resident of Mound, and Al Vogal, Director of Waterways, Freight and Railroads for Mn/DOT, to gain a better understanding of what might happen with the railroad. They tried to make sure that the City's and Mn/DOT's objectives are the same. 40 Flint said that Mn/DOT would prefer to keep the railroad going. If they can't keep the railroad going, their preference is to preserve the right -of -way. The establishment of a trail is one of the well- accepted ways of preserving right -of -way. They also indicated they will require a lot of safety features if the railroad track is upgraded. Jabbour recognized Mike Byrnes from the Long Lake State Bank for his contribution to public safety. Jabbour said he received a call from Warren Bielke who said he wanted to make sure that all of the police cars have defibrillators and all the officers have updated bullet proof vests. Jabbour talked with the Chief of Police who said there is a need for a video camera to be used in the squad cars. Mayor Jabbour indicated that he will be donating one camera and Mr. Bielke will donate a second one. Jabbour said that Van Erickson told him that the Girls Softball Association has been allocated a field in the school district. The school district will pick up 80 -85% of the cost and they are looking for a contribution from the City. He told Mr. Erickson that the City's policy has been to not make this type of contribution, but he would bring it up to the Council. Sansevere said he is planning a fund raiser for the hockey team in September. Jabbour said if the Council ever decides to make this type contribution, there must be a budget, people should compete for the funds with criteria to be met and other cities should . Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 • MAYOR/COUNCIL REPORT - Continued match the funds. He said there should be a fund set up and the public should be able to contribute to it. Sansevere stated that on behalf of the Orono residents in Navarre and Saga Hill, a letter should be sent to the school board formally asking them to reconsider their decision to reduce their bus service for the open enrollment children. Flint said he feels it is a safety issue and he would like input from the Police Department. Jabbour said there are more cars on County Road 15 than on Highway 12 and that this is a safety issue. He thinks the Police Department should be briefed on the school's plans. Jabbour suggested that this matter be added to the agenda for the Council's Thursday meeting. Kelley referred to a matter considered at the last Council meeting where the Council gave approval to a project at 6th Avenue North and Willow. He objects to the action taken by the Council and he wants the rezoning and the site plan handled separately with the rezoning considered first. He doesn't feel that the citizens have had adequate notice and a chance for input. . Flint disagreed, saying he wants to see the site plan along with the rezoning application. He would not vote to rezone the property without seeing what would be going on the property. 0 Jabbour indicated the he agrees the Council's decision processes need to be open. Any rezoning application will require a public hearing. Jabbour asked Gaffron if there would be a sign posted informing the public that the property will be considered for rezoning. Gaffron said that a sign will be posted and property owners within 350 feet will be notified. Jabbour asked if a rezoning requires a four /fifths vote. Gaffron agreed that it would require a four /fifths vote. Jabbour said this is a result of the Council's delay in amending the comprehensive plan. He agreed that the Council should not be application driven. Peterson said she was in favor of looking at it, not that she was in favor of rezoning the property. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 ENGINEER REPORT ( #10) RECEIVE REPORT AND SCHEDULE PUBLIC HEARING RE: FULLERTON • SUBDIVISION SEWER Flint asked if there are units available for this sewer project. Kellogg said yes and no. Jabbour talked about a number of projects where there may be a request to connect to the sewer system. He feels the City should revisit its policy on allowing homes to connect to the sewer system and whether the City should subsidize petition projects. Flint said this petition has been signed by four of the seven property owners. He feels the City should wait until more of the property owners want to connect to the sewer system. Moorse said staff has not been sure what percentage of property owners the Council would like to have on the petition. He said they have been banking units in various projects. Jabbour said this project would be 50 %. Kellogg said one of the property owners has a new system, so the best they could do would be six out of seven property owners. Flint said that he is not in favor of this project until there are more than four out of seven of the property owners that will sign the petition. ( #11) STUBBS BAY CUL -DE -SAC REJECT BIDS AND AUTHORIZE READVERTISING FOR BIDS Flint said he is bothered because the bids are out and everyone has seen everyone else's bid. Now, the project is being rebid. He thought in the past the City had negotiated with the low bidder when there is something that will increase the cost. Kellogg said that this is a State Aid job funded by the State. There are special provisions that are required in the specifications above and beyond what the City normally does for a sewer project. In this case, the specifications were put together and the prevailing wages comments were put into the text form of the specifications, but the State also requires you to insert the current actual rates in the specifications. In this case, they were not included. There has been that discussion with the contractor, but the response from the contractor was that he did not include that in his bid so there would have to be negotiations for more money. The State ordered that all the bids be rejected, so the project has to be rebid. Flint asked if the project can be completed this year if it is rebid. 0 Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 ( #11) STUBBS BAY CUL -DE -SAC REJECT BIDS AND AUTHORIZE READVERTISING FOR BIDS - Continued Kellogg said it can be completed this year if the Council gives its approval to rebid the project tonight. Flint moved, Kelley seconded, to reject bids for the Mn/DOT Cooperative Agreement project for the closure of the TH12 /Stubbs Bay Road intersection. VOTE: Ayes 5, Nays 0. Flint moved, Kelley seconded, 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. ( #11A) APPROVE EASEMENTS STUBBS BAY ROAD CUL -DE -SAC Moorse stated that two easements are required to construct the Stubbs Bay Road Cul -de -Sac. Kelley moved, Peterson seconded, to authorize payment of $1,200 to Kevin & Diane Holmes for an easement to construct the Stubbs Bay Road Cul -de -Sac. . Kelley moved, Peterson seconded, to authorize payment of $1,050 to Robert & Summer • Taylor for an easement to construct the Stubbs Bay Road Cul -de -Sac. CITY ADMINISTRATOR'S REPORT 0 ( * #12) ADVERTISE FOR VACANCY ON PARK COMMISSION Sansevere moved, Kelley seconded, to authorize staff to place a news release in the local newspapers announcing the Park Commission vacancy. VOTE: Ayes 5, Nays 0. ( * #13) RECONVEYANCE OF TAX FORFEIT PARCEL - RESOLUTION NO. 4340 Sansevere moved, Kelley seconded, to approve Resolution No. 4340 reconveying the tax forfeit parcel with PID #35- 118 -23 41 0010 to the State of Minnesota for acquisition by the DNR. VOTE: Ayes 5, Nays 0. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 ( * #15) LICENSES Sansevere moved, Kelley seconded, a motion to approve the following licenses: Special Event Permit Applicant: Richard Carlson Event: Parade of Homes in Minnetonka Beach Location: Operate a shuttle service at Navarre Parking Lot Date: September 11, 1999 to October 3, 1999 Time: 12:00 p.m. to 6:00 p.m. VOTE: Ayes 5, Nays 0. ( * #16) BILLS Sansevere moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. ADJOURNMENT Jabbour moved, Peterson seconded, a motion to adjourn the meeting at 8:55 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabrie Jabbour, Mayo �J Page 16