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HomeMy WebLinkAbout11-08-1999 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, and Barbara Peterson. Council Member Bob Sansevere was absent. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Pubic Works Director Greg Gappa, and Recorder Jackie Young. Representing the Parks Commission was Chair Andrew McDermott. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA Approve /Amend Items #4, 5, 6, 7, 10, 11, 12, 14, 15, 16, 20, 21, and 22 were added to the Consent Agenda. Flint moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES "( #2) Regular Council Meeting of October 25, 1999 Flint moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of October 25, 1999, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott stated that a list has been developed with the help of the Navarre residents of possible improvements they would like to see occur at this park, which has been given to the Public Works Director. McDermott thanked the City Council for acquiring the land in Navarre. Mayor Jabbour indicated that the City Council should take steps at its next meeting to appoint some new members to the Parks Commission to fill the present vacancies. Jabbour commented that Rick Meyers has been contacted about possibly assisting the City with the Dakota Rail to Trail project. Jabbour stated that he has spoken with some individuals in Mound who have indicated a desire to see this project proceed forward. PLANNING COMMISSION COMMENTS - Daniel Kluth, Representative • Kluth indicated that the Planning Commission has had several lengthy discussions regarding the Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • (Planning Commission Comments, Continued) adult use ordinance, noting that he will be available to answer any questions that may arise during tonight's meeting. Kluth commented that the Planning Commission has also been working on Orono's Comprehensive Plan as well as uniform signage and lighting ordinances and a comprehensive look at the old Highway 12 corridor. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT ( 0) #2522 BANCOR GROUP, INC., COUNTY ROAD 6 AND WILLOW DRIVE NORTH - DENIAL OF REZONING AND COMPREHENSIVE PLAN AMENDMENT - RESOLUTION NO. 4372 There were no representatives present from the Bancor Group at tonight's meeting. Weinberger stated that the Bancor Group has indicated that they will be submitting a new plan for this parcel of property to the Planning Commission for consideration at their next meeting requesting a subdivision, conditional use permit, and PRD for the property. • Weinberger stated that before the City Council tonight is a resolution denying rezoning and the comprehensive plan amendment. Mayor Jabbour inquired whether the neighbors will be notified of the upcoming meeting. Weinberger stated that the affected neighbors have been notified. Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4372, a Resolution Denying Rezoning and Comprehensive Plan Amendment for Property Located at the Southwest Corner of County Road 6 and Willow Drive North. Flint commented that Paragraph 6 should read Willow Drive North rather than Brown Road. Flint questioned whether Paragraph 8 and Paragraph D were reasons for denial and whether those paragraphs should be included in the resolution. Weinberger stated that those paragraphs were included in the resolution as findings of fact, but that the resolution may be amended if the Council so desired. Barrett stated that a brief review of the resolutions is conducted by himself, noting that he will conduct a more thorough review of a particular resolution if requested to do so by the Council. Barrett indicated that Paragraphs 5 and 7 contain a sufficient basis for denial of the request. Kelley stated that he would prefer Paragraph 8 be deleted since the City Council has not reached that decision, noting that the City Council has merely hinted that that might be appropriate. Mayor Jabbour commented that it was his understanding the City Council had reached a conclusion • Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • ( #2522 Bancor Group, Continued) that a PRD would be an appropriate way to handle this property with a lower density due to the topography and soil conditions in the area. Kelley commented that he has not seen any topography maps for this area or soil reports and that this paragraph may be premature. Kelley amended his motion, Peterson seconded, to approve and adopt RESOLUTION NO. 4372, a Resolution Denying Rezoning and Comprehensive Plan Amendment for Property Located at the Southwest Corner of County Road 6 and Willow Drive North, with Paragraph 8 being deleted and Paragraph 6 being corrected to read Willow Drive North rather than Brown Road. VOTE: Ayes 4, Nays 0. *(#4) #2527 MINNEHAHA CREEK WATERSHED DISTRICT - PAINTER'S CREEK - CONDITIONAL USE PERMIT - RESOLUTION NO. 4373 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4373, a Resolution Granting a Conditional Use Permit to the Minnehaha Creek Watershed District to Allow Excavation, Dredging and Disposal of Materials, and Restoration of a 1,250 foot section of Painter's Creek in Orono. VOTE: Ayes: 4, Nays 0. '( #5) #2528 DAVID AND PATRICIA YORKS, 2825 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 4374 • Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4374, a Resolution Granting a Variance to Hardcover in the 75 -250' Lakeshore Setback to permit Construction of Steps and a Covered Porch Entry to Replace Existing Steps at 2825 Casco Point Road. VOTE: Ayes 4, Nays 0. *( #6) #2529 BRENT BENTROTT, 1453 PARK DRIVE - VARIANCE RENEWAL - RESOLUTION NO. 4375 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4375, a Resolution Granting Renewal Variances per Resolution No. 4213 for the Property Located at 1453 Park Drive. VOTE: Ayes 4, Nays 0. *( #7) #2532 HERMAN AND MARILYN CRAWFORD, 4745 NORTH SHORE DRIVE -VARIANCES - REOLUTION NO. 4376 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4376, a Resolution Granting Variances to Permit Construction of a Two -Stall Attached Garage for Property Located at 4745 North Shore Drive. VOTE: Ayes 4, Nays 0. ( #8) #2535 RENDER DEVELOPMENT, INC., 1315, 1335, 1355 TONKAWA ROAD, 3430 NORTH SHORE DRIVE - CLASS III SUBDIVISION - RESOLUTION NO. 4377 • Due to the absence of the Applicant, this item was heard after Item 17. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • ( #9) #2537 ADULT USE ORDINANCE - ORDINANCE NO. 192, 2ND SERIES Weinberger reviewed his November 4, 1999 Planner's Report regarding the proposed adult use ordinance, noting that the City of Orono had adopted a moratorium on adult uses which is set to expire on November 12, 1999. In order for the City to be prepared for any requests after the moratorium has expired, the City needs to have an adult use ordinance in place. Weinberger noted that the City Attorney has indicated that adult businesses are protected by the First Amendment as a freedom of expression. The ordinance will ensure that the City may regulate the adult oriented businesses. Weinberger stated that the first category is adult use - principal, which is a use where the sole or dominant activity involves the presentation, display, depiction, description, distribution, sale or rental of goods, services, entertainment or materials that constitute or contain an emphasis on adult uses. This type of activity would only be permitted within the industrial district. A distance of a minimum of 250 feet is required from the property line of a licensed day care center, public or private educational facility, public library, public park, on -sale liquor establishment, churches and church related facilities. A minimum of 1000 feet of separation is required between any other adult uses and any residential properties. In order for the property owner to be granted a conditional use permit, the property must also comply with all current zoning, health and fire regulations. Weinberger stated the second category would be adult use - accessory. Accessory uses would be restricted to 10 percent of the floor area of a retail establishment and would consist mostly of the sale, or rental of goods, or materials that constitute or contain an emphasis on adult uses and would be allowed only within the Industrial District, B -1, B -3, B -4, B -5 and B -6 Business Districts where the primary use of the business is a permitted or conditional use. The same adult use - • principal conditions would apply to accessory uses as well. Weinberger stated the third adult use category is defined as adult use exempt, which includes businesses that would exist as a retail business operation in any of the business districts where five square feet of their floor area, wall space, or shelf area is related to adult products. Advertising of these products would not be allowed and the product would need to be displayed in such a fashion that only the title of the product is visible. Weinberger reiterated that the adult use - principal businesses will only be allowed within the industrial district, with the industrial district comprising approximately 1.6 percent of the Orono community. The Planning Commission has reviewed the adult use ordinance, noting that they have attempted to limit the number of adult use businesses in the area. Mayor Jabbour inquired what constitutes adult uses, particularly as it pertains to video rental businesses where X -rated movies are rented out. Tom Barrett, City Attorney, stated that adult uses are any sale, presentation, display or depiction involving what are called specified anatomical areas or specified sexual activities, which are further defined in Minnesota Statutes. The concept of the ordinance is to restrict those entities where the dominant business is adult uses, noting that a movie rental place would probably not be classified as adult use - principal as long as it did not exceed ten percent of the total floor space or other regulations limiting the adult use. Mayor Jabbour pointed out that a public hearing regarding this ordinance was held at the Planning Commission level, and inquired whether any member of the audience wished to speak to this item. • Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • ( #2537 Adult Use Ordinance, Continued) There were no public comments regarding this proposed ordinance. Daniel Kluth, Planning Commission, commented that the Planning Commission has looked at other ordinances and cases involving adult uses in an effort to limit the skid -row or blight affect that these businesses can create. Kluth indicated that they have attempted to limit the concentration of these businesses to avoid the blight affect, which has been upheld by the Supreme Court. The Planning Commission has discussed this item with the City Attorney in an effort to limit the debilitating affect these businesses have on the general community. Barrett stated that the Cities are required to have some land available for these types of uses, and it would be preferable if these businesses could be located in the industrial district. Mayor Jabbour thanked the Planning Commission for their efforts regarding this ordinance, noting that this ordinance may be refined as needed. Peterson moved, Kelley seconded, to approve and adopt ORDINANCE NO. 192, 2nd Series, an Ordinance of the City of Orono, Minnesota, Amending City Code Chapter 10, by Adding a New Section 62 Relating to Adult Uses. Flint commented that the members of the City Council are not enthusiastic about passing an ordinance of this type, but thanked the members of the Planning Commission for all their work regarding this ordinance. • VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT "( #10) PROCLAMATION OF HOUSING WEEK - RESOLUTION NO. 4378 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4378, a Resolution Proclaiming November 15 - 21, 1999 to be Housing Week in the City of Orono. VOTE: Ayes 4, Nays 0. The Engineer Report, Items 11 -16 Follows Item 23. CITY ADMINISTRATOR'S REPORT ( #17) ACCESS ALTERNATIVES FOR 4545 WAYZATA BOULEVARD Jane Slaughter, Applicant, and Bradley Beisel, Attorney -at -Law, were present. Moorse stated this item relates to the area between County Road 6 and Townline Road south of Highway 12 and concerns the establishment of a permanent legal access for property located at 45= 5 Wayzata Boulevard to a public roadway. Currently this property is accessed via a driveway th�:t crosses a neighboring property and the Burlington Northern -Santa Fe Railroad tracks to get to Highway 12. At this time it is unclear as to whether this access is a permanent legal easement as it relates to the validity of a historical cartway easement. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 ( #17, Access Alternatives for 4545 Wayzata Boulevard, Continued) Moorse stated at a previous meeting the City Council had requested the City Attorney review this matter. Moorse indicated that City Staff has been attempting to work with the property owner on this issue, but at this time the City Attorney does not have sufficient information to make a determination regarding the legal validity of the cartway easement. City Staff is recommending that access to Townline Road be obtained through two parcels located in Medina, which would eliminate an at -grade railroad crossing and a substandard access point to Highway 12. Jane Slaughter, 4545 Wayzata Boulevard, indicated that MN /Dot has offered some financial assistance for an access road. Mayor Jabbour stated it was his understanding MN /Dot would pave the road if a right -of -way is acquired. Slaughter remarked that it was not her understanding that MN /Dot would pave the road but rather would help engineer and construct the road. Brad Beisel, Attorney -at -Law, stated he represents the Slaughter and Rudd families in this matter. Beisel noted that Townline Road is being permanently closed off at one end as part of the improvements to Highway 12. As part of the proposed improvements to Highway 12, MN /Dot is considering construction of a frontage road to the south of the railroad right -of -way connecting Townline Road to the Rudd property, which would then be the new access road for the Rudds, • Fraizers, Slaughters and Hickeys. Beisel indicated that this would be an acceptable solution to the access problem and is supported by the Slaughters. Beisel stated that presently a lawsuit exists concerning another possible access route via property owned by Mr. and Mrs. Theis, with evidence having been found that the City of Orono created a public cartway in 1912 over this other access route. Beisel commented that the City of Orono may need to become involved in this litigation in order to determine whether there really is a public cartway over Orono property. Beisel indicated that this issue will become moot if access over the proposed new service road is established. Mayor Jabbour stated originally the City was requested to join the Slaughters in litigation to ensure that the cartway access is established, which is different from what is being requested tonight. Beisel stated that they are attempting to look at the other option available here. Mayor Jabbour commented that the Theis' have requested the City not take an adversarial position in their lawsuit. Slaughter stated that they would like the cartway to be recognized by Orono. Kelley commented in his view the City should support the frontage road concept and that City Staff should proceed with discussions with the parties involved to try to resolve this issue. Mayor Jabbour inquired what exactly the City is prepared to do in this matter, noting that the costs incurred by the City would need to be assessed back to the property owners. Kelley stated that the neighbors will need to determine how the road will be extended, with the 0 Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • ( #17, Access Alternatives for 4545 Wayzata Boulevard, Continued) road being built to City standards. Mayor Jabbour commented that the road would be a private road with the City having an easement over the road. Jabbour stated it was his understanding only three properties could access the road via a cul -de -sac. Gaffron stated that City Staff would be willing to work with the property owners to try to resolve this issue. Mayor Jabbour commented that this present City Council seems willing to pass a resolution in support of what the Slaughters are proposing. Tom Barrett, City Attorney, stated that tonight's discussions are not binding on the City Council, noting that the Mayor has attempted to point out that there are regulations that need to be met, which is a planning process that needs to be followed through. Barrett stated that the decision regarding the final road will not be made tonight. Slaughter commented that their lease is up for renewal with the railroad and that they need to know whether the cartway is considered a public access. Barrett remarked he is unable at this time to make a determination whether the cartway is a legal access, which would be a costly process, and recommended pursuing the other option presented tonight rather than further pursuing the "cartway" option. Mayor Jabbour indicated that the City is willing to work with the parties to see if the frontage road could be constructed. Jabbour stated that the City is motivated in seeing that the three property owners obtain a safe access, with the City interested in working diligently with the parties involved to see that this option is accomplished. Jabbour noted that the costs associated with this process are normally assessed against the property owners. Jabbour moved, Kelley seconded, approving endorsement by City Staff and City Council of the proposed frontage road /road to provide 4575, 4555, 4545, and 4300 Wayzata Boulevard with an access onto Townline Road, with the cooperation of Medina and the other parties involved, and subject to future review by the City Council, City Staff, and other appropriate agencies. Tom Barrett indicated that he was comfortable with the position of the City as stated in the motion. VOTE: Ayes 4, Nays 0. ( #8) #2535 RENDER DEVELOPMENT, INC., 1315, 1335, 1355 TONKAWA ROAD, 3430 NORTH SHORE DRIVE - CLASS III SUBDIVISION - RESOLUTION NO. 4377 James Render, Applicant, was present. Weinberger stated the Applicant is proposing a three lot Class III subdivision - preliminary plat application. The subdivision involves four existing conforming lots being reduced to three lots. The City Council had previously approved the Plat of Tonkawa Shores, which created three .5 . acre parcels to be served by Outlot A. The Applicant currently owns Lots 1, 2, and 3 within the Plat of Tonkawa Shores. The proposed preliminary plat includes an existing lot located at Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 ( #2535 Render Development, Continued) 3430 North Shore Drive. The proposal would eliminate one lot and relocate the existing property lines to create larger parcels. Weinberger stated that each proposed lot meets the minimum requirements for new lots in the LR -1C zoning district. The City Council approved a variance for Outlot A permitting the road to only be platted with a 25 foot width. An eight food roadway easement is located south of the Outlot allowing a total of 33 feet dedicated for the private road. A second variance was approved for the private road allowing the road to be developed 16 feet in width where 24 feet would be required for a private road, with the property owners having the responsibility of maintaining the roadway. Weinberger stated that Outlot A originally was platted to end five feet short of the west boundary of the property per Council's intent, such that it will be incumbent upon the City to deal with the owner of Lot 1 should the City ever wish to make the road connection to Birch Lane. The City Council at the time of the Tonkawa Shores subdivision determined that the road shall not extend to provide a future connection to Birch Lane. Weinberger stated all existing drainage and utility easements along the property lines shall be vacated, with new easements being dedicated ten feet along the exterior property lines and five feet along the interior property lines. No additional park dedication fees are required for this subdivision as they have already been paid as part of the original subdivision approval. • The Planning Commission voted 6 to 1 recommending approval of the subdivision subject to the following conditions: One, the City Engineer review and approves the drainage plan and stormwater treatment within the development; Two, Hennepin County approves the access to Tonkawa Road. • Hennepin County has approved the existing lot arrangement and access for the underlying lots; Three, new drainage and utility easements are dedicated to the City of Orono; Four, underlying drainage and utility easements are vacated; and Five, final plat approval is subject to the MCWD approval of all grading and drainage improvements. Weinberger commented that this application is simply a replatting of four existing lots to create three new larger lots. City Staff is recommending approval of the application subject to the conditions outlined in the Planner's Report of November 2, 1999. Render commented that Weinberger has explained the situation very well, noting that they are basically taking four lots and creating three new larger lots. Kelley stated that he would be in favor of continuing the road rather than stopping the road five feet short of the property. Kelley moved, Jabbour seconded, to approve and adopt RESOLUTION NO. 4377, a Resolution Granting Preliminary Approval of a Class III Subdivision for Property Located at 1315, 1335, 1355 Tonkawa Road and 3430 North Shore Drive, with the added condition that the five feet be included with the easements on Outlot A. VOTE: Ayes 4, Nays 0. Mayor Jabbour commented that the Applicant is entitled to a partial refund on the park dedication fees already paid. Render indicated that he will not be asking for a refund on his park dedication fee. . Page 8 • ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 *( #23) CONVERSION OF DAKOTA RAIL TO RECREATIONAL TRAIL - RESOLUTION NO. 4384 Dean Patterson, Orono, commented he was unaware that this item had been approved on the Consent Agenda. Patterson stated that he was not aware of this project until recently, noting that he is opposed to the project. Mayor Jabbour stated that the City Council would be willing to listen to his comments. Jabbour commented that the City has been working on conversion of the Dakota Rail for the past year. It is the intent of the City Council tonight to pass a resolution in support of the conversion of the Dakota Rail Corridor to a regional recreational trail. Jabbour stated that the City of Orono has concerns regarding the large number of derailments that this railroad has experienced as well as the transporting of hazardous materials on this railroad line. The Dakota Railroad was requesting financial assistance as part of a project to upgrade the railroad to 50 mile an hour standards, which the City was opposed to. The City of Orono feels that it would be an asset to the community if this railroad line is converted to a recreational trail. Patterson commented that he became aware of this project approximately 12 hours ago, with a number of his neighbors expressing disapproval of the conversion to a recreational trail. Mayor Jabbour stated that the City has been discussing this project for the past two years, with a number of newspaper articles being published about the railroad and the possible conversion to a recreational trail. Patterson expressed a concern about people being in close proximity to his residence if the is railroad track is converted to a trail. Mayor Jabbour indicated his willingness to meet with Mr. Patterson and his neighbors to discuss the Dakota Rail line and the trail. i� LJ Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4384, a Resolution in Support of the Conversion of the Dakota Rail Roadroad Corridor to a Regional Recreational Trail. VOTE: Ayes 4, Nays 0. ENGINEER REPORT *( #11) EXTENSION OF HENNEPIN COUNTY ELECTRONIC PROPERTY DATABASE AGREEMENT - RESOLUTION NO. 4379 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4379, a Resolution Authorizing the City of Orono to Extend an Agreement for the Use of Hennepin County's Electronic Proprietary Data Base. VOTE: Ayes 4, Nays 0. *( #12) REQUEST FOR PAYMENT - NORTH FERNDALE ROAD PROJECT Flint moved, Peterson seconded, to approve Request for Payment, North Ferndale Road Project, to the City of Plymouth in the amount of $557,514.71. VOTE: Ayes 4, Nays 0. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 ( #13) AWARD CONTRACT FOR HEAD PROPERTY - SANITARY SEWER PROJECT - • RESOLUTION NO. 4380 Tom Barrett, City Attorney, stated he would like to see the resolution be amended to be contingent upon the actual signing of the deed restrictions. Jabbour moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4380, a Resolution Awarding the Contract for the Installation of Sanitary Sewer for 2090 Shoreline Drive (Head Property) to MinnCom, Nora, Minnesota, in the amount of $31,936.00, subject to the Public Works Director obtaining written documentation regarding the deed restrictions. VOTE: Ayes 4, Nays 0. Flint moved, Peterson seconded, to approve the "Sanitary Sewer Connection Letter of Agreement" with the City of Minnetonka Beach for sanitary sewer for the Head Property, 2090 Shoreline Drive. VOTE: Ayes 4, Nays 0. *( #14) POLICY FOR SANITARY SEWER CONNECTION Flint moved, Peterson seconded, to approve a deferred connection to sanitary sewer for 1235 Lyman Avenue as long as the existing septic system remains conforming to all requirements. Any situation that involves repairs, other than minor maintenance, or enlargement of the system, will require immediate connection to sanitary sewer. VOTE: Ayes 4, Nays 0. • "( #15) ST. EDWARD'S CHURCH SANITARY SEWER AND WATER CONNECTION - RESOLUTION NO. 4381 Flint moved, Peterson seconded, to approve the "Agreement for Joint Usage of Sanitary Sewer and Water Facilities for the Cities of Orono and Plymouth ". VOTE: Ayes 4, Nays 0. Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4381, a Resolution Adopting the St. Edward's Church Sanitary Sewer and Water Service Assessment Roll. VOTE: Ayes 4, Nays 0. "( #16) WEST FERNDALE AND HIGHWAY 12 LIFT STATIONS Flint moved, Peterson seconded, to authorize preparation of plans and specifications and advertisement for bids for the replacement and rehabilitation of the West Ferndale Road sewer system lift stations and construction of the TH 12 bypass lift station. VOTE: Ayes 4, Nays 0. ( #18) JOINT POWERS AGREEMENT FOR WEST HENNEPIN RECYCLING COMMISSION - RESOLUTION NO. 4382 Moorse stated this item is a request for an extension of the joint powers agreement for coordinating recycling efforts. • Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 0 (Joint Powers Agreement, Continued) Flint stated that he was not opposed to the agreement, but relayed some complaints he has received regarding a dissatisfaction with the work performed by the recycling company. Flint stated that this complaint has been raised with the owner of the company, but the problem still persists and that this complaint should be followed through. Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4382, a Resolution Approving Extension of the Joint Powers Agreement of the West Hennepin Recycling Commission through December 31, 2002. VOTE: Ayes 4, Nays 0. Mayor Jabbour requested that the Public Works Director bring the complaint to the attention of the owner of the recycling company. Moorse stated that Amelia Kroeger, Recycling Coordinator, should also be informed about the complaint. ( #19) COPS IN SCHOOLS GRANT Moorse stated that the City of Orono has been awarded a grant in the amount of $125,000.00 from the U.S. Department of Justice, which will provide funding for a police officer to work within the school district in order to increase the amount of time spent by the juvenile police officer in the school setting. Moorse stated the grant will enable the City to fund this police officer for the first three years, with • the City needing to budget money for this purpose thereafter should they desire to continue with the program. i Mayor Jabbour commented that it is difficult for the City Council to terminate a program such as this after it has been in effect for a number of years, noting that it is his personal opinion that the City does need additional police protection. Peterson stated that she is in agreement that Orono does need more police protection. Gary Cheswick, Orono Police Chief, stated that the Juvenile Officers are generally rotated back to a patrol officer after three to five years to prevent possible burnout. Kelley commented that the hiring of an additional police officer will in all likelihood require the City to keep that officer once the grant is used up. Kelley inquired whether the escalation in wages are normal cost of living increases. Mayor Jabbour commented that he will be making his decision on whether to approve this request on the need that exists in the community for the additional police protection. Moorse indicated that the escalation in wages reflect movement through a series of pay steps. Cheswick indicated that the School District contributes $18,300 of the juvenile police officer's wages. Cheswick stated that due to the increased amount of illegal activities at the school, additional police supervision is needed. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 "( #20) RENEW PARTICIPATION IN LIVABLE COMMUNITIES ACT - RESOLUTION NO. 4383 0 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4383, a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. VOTE: Ayes 4, Nays 0. "( #21) RECLASSIFICATION OF DEPUTY CLERK Flint moved, Peterson seconded, to approve the reclassification of the Deputy City Clerk position from Level 4, Step 4, to Level 5, Step 4, in the City's pay schedule, and to increase the pay rate for Carole Haseman from $15.05 per hour to $16.06 per hour, effective November 1, 1999. VOTE: Ayes 4, Nays 0. *( #22) YEAR 2000 NON -UNION EMPLOYEE PAY ADJUSTMENTS AND INSURANCE CONTRIBUTIONS Flint moved, Peterson seconded, to approve increases to the City's non -union pay ranges of two percent, effective January 1, 2000, and one percent, effective July 1, 2000, and to approve an increase in the City's contribution to the cafeteria benefit plan of $25.00 per month to $370.00 per month for both non -union employees and the police officers. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Tom Barrett, City Attorney, had nothing to report. *( #24) LICENSES None *( #25) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0 ADJOURNMENT Peterson moved, Jabbour seconded, to adjourn the meeting at 8:52 p.m. VOTE: Ayes 4, Nays 0. AT7 T: Linda S. Vee, City Clerk Gabri Jabbour, Mayor i Page 12