Loading...
HomeMy WebLinkAbout12-14-1998 Council Minutes0 ROLL l ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, City Engineer Tom Kellogg, City Clerk Lin Vee, and Recorder Lanette Wolf Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) 1999 Levy Adoption Hearing - Adoption of 1999 Budget and Tax Levy A. Adopt Final 1998 Tax Levy Collectible in 1999 - Resolution No. 4209 B. Adopt 1999 General Fund Budget - Resolution No. 4210 C. Adopt the 1999 Special Revenue Funds Budgets - Resolution No. 4211 Mayor Jabbour stated that the Truth in Taxation Hearing was held on December 7th. There were no public comments. At the hearing, Council directed staff to reduce the tax levy to $2,291,884. This is an increase of $66,675 or 3.0% over the 1998 levy rather than the proposed 5.1% increase. He stated that, as a result, actual tax statements will be less than the proposed tax statements. Peterson moved, Kelley seconded, to approve Resolution No. 4209 Adopting the Final 1998 Tax Levy Collectible in 1999 of $2,291,880. VOTE: Vote: Ayes 5, Nays 0. Mayor Jabbour thanked staff for staying within the budget. Kelly moved, Flint seconded, to approve Resolution No. 4210 Adopting the 1999 General Fund Budget of $3,850,000. VOTE: Vote: Ayes 5, Nays 0. Goetten moved, Peterson seconded, to approve Resolution No. 4211 Adopting the 1999 Special Revenue Funds Budgets. VOTE: Vote: Ayes 5, Nays 0. ( #2) CONSENT AGENDA Items 7, 12, 13, 15, 16, 19, 20, 21, 24, 27, and 28 were added to the Consent Agenda. Goetten moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0, Jabbour Abstained. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF NOVEMBER 23,1998 Goetten moved, Flint seconded, to approve the Minutes of the Regular City Council meeting of November 23, 1998, as submitted. Vote: Ayes 4, Nays 0, Jabbour Abstained. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( * #4) TRUTH IN TAXATION MEETING OF DECEMBER 7,1998 • Goetten moved, Flint seconded, to approve the Minutes of the Truth in Taxation meeting of December 7, 1998, as submitted. Vote: Ayes 4, Nays 0, Jabbour Abstained. PARK COMMISSION COMMENTS - Andrew McDermott, Representative Commissioner Andrew McDermott thanked the Council for putting funds in the budget for the Park Commission. McDermott reported that the Commission met with approximately 20 neighbors in the Dickey Park area and reviewed the preliminary plans with them. They discussed changing the name of the park. The Commission is proposing a trail from the park down to Old Crystal Bay Road and another trail through the park to Thoroughbred Circle. The neighbors asked for some minor modifications to the plan, but they reacted favorably to the preliminary plans. McDermott said a meeting with the Navarre area residents has been postponed until January. McDermott encouraged the Council not to release too much of the letter of credit for Spring Hill Golf Course until the developer finishes the trails. McDermott noted that the winter recreation program starts right after Christmas. He stated that Irene • Silber's and his appointments to the Park Commission expire at the end of this month and they would like to be considered for reappointment. Kelley asked if any of the Dickey Park neighbors talked about the easement from the old road up to the park. McDermott stated that one neighbor was in favor of it and they have not spoken to the other neighbor. Jabbour talked about meeting held with the Navarre residents. The Navarre residents would like to pursue purchasing two lots that belong to Paul Larson and Matthew Sohnes. Jabbour stated there are three priorities: 1) the Eisinger property, 2) access to the Saga Hill park through the Fairview Covenant church property, and 3) Navarre. He also talked with them about the Dakota rail line and they were in favor of Hennepin Parks becoming involved with developing it as a trail. PLANNING COMMISSION COMMENTS - Bill Stoddard, Representative None. PUBLIC COMMENTS None. Page 2 • ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 • ZONING ADMINISTRATOR'S REPORT 0 ( #5) #2355, VAN MOORLEBEM/TURNHAM, 4490 WATERTOWN ROAD - SUBDIVISION, FINAL PLAT APPROVAL - RESOLUTION NO. 4212 The applicant was present. Gaffron stated that this is final plat approval for the Turnham Toll Addition which is at the intersection of County Road 6 and Watertown Road. All the required information for final plat approval has been submitted. A drainage easement incorporates vegetative buffers. The Minnehaha Creek Watershed District concluded that due to the nature of this plat, no MCWD permit will be required. and no stormwater control structures or improvements are required. The applicant is requesting a revision from the standard Conservation and Flowage Easement language, to 1) allow the existing fence within the wetland on Lot 1, Block 1 to remain and 2) to allow continued use of the wetland area within the fence as pasture and grazing area. Pasture and grazing are permitted uses within wetlands per the provisions of the zoning code. The existing fence could remain as a legal nonconforming structure. The park dedication fee is $4,900 per lot for a total of $9,800. Staff recommends the granting of final plat approval, including acceptance of the revised language of the conservation and flowage easement. The applicant had no additional comments. Jabbour questioned the number of lots being created. Gaffron responded that two new lots will be created. Flint questioned the status of template language to address drainage issues. Gaffron stated that a template has not been adopted and it does not apply to this application. Flint stated that the Minnehaha Creek Watershed District does not require a permit for subdivisions under a certain size and that leaves the question open as to what the City requires. Orono has a policy that says the runoff will be handled on the property. Flint questioned whether the stormwater drainage policy would apply to this property. Jabbour stated that, in this case, the runoff is being handled by the vegetative buffers. He explained the Minnehaha Creek Watershed District process. Gaffron stated that rather than using template language, it may be necessary to identify unique aspects of each subdivision. Moorse recommended using the language "final grading and drainage plan needs to be approved by city staff'. Goetten moved, Flint seconded, to approve Application #2355, 4490 Watertown Road, and adopt Resolution No. 4212 approving the Plat of Turnham Toll Addition. VOTE: Ayes 5, nays 0. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( #6) #2395, BRENT BENTROTT, 1453 PARK DRIVE - CONDITIONAL USE PERMIT - • RESOLUTION NO. 4213 The applicant was present. Van Zomeren stated this application was reviewed at the November 23rd City Council meeting and it was continued for the applicant's surveyor to provide a drainage plan and map that met the City Engineer's concerns regarding drainage. The application is for a conditional use permit to allow grading for a driveway to be constructed on the property at a 10% slope and for the driveway entrance to be located on one -half of unopened, but platted Bluff Street to serve a new garage located 8' off the property line which would require a side yard adjacent to street variance and variances for improvements to the house. When the Planning Commission considered this application in November, they recommended approval of the variances for the house. They did not recommend the conditional use permit for grading and land alteration. The current plan would require approximately 500 cubic yards of fill to raise the elevation to provide a suitable building pad for the new garage. The previous plan had a culvert that was more closely located to the neighbor's house. The current plan improves drainage by moving the culvert farther away from the property line and directing drainage to the natural drainage way that exists on the property. Greg Gappa and Tom Kellogg have reviewed the plan from a drainage perspective and believe that the current plan would take care of the runoff. A hold harmless agreement has been sent to the applicant. The applicant had no additional comments. . Jabbour asked if the next door neighbor was contacted and kept up to date on the changes to the plan. Van Zomeren responded that both neighbors were contacted and she did not receive any negative comments from them. Jabbour asked the City Attorney if he had researched allowing the applicant to use the unopened, but platted property. Barrett responded that he is satisfied the City can allow the applicant to use that half of the property. Flint moved, Jabbour seconded, to approve Application #2395, 1453 Park Drive, and adopt Resolution No. 4213 granting variances for side yard adjacent to street for the three season porch and entrance improvements to the residence and hardcover in the 0' -75' and 75' -250' setbacks and further, granting the conditional use permit for land alteration for 500 cubic yards of cut and fill and grading within 5' of the east property line. VOTE: Ayes 4, Nays 1, Goetten opposed. • Page 4 0 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( * #7) #2399, MURIEL SENN, 4448 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4214 Goetten moved, Flint seconded, to approve Application #2399, 4448 North Shore Drive, and adopt Resolution No. 4214, a Resolution Granting Variances to allow the addition to be located 8.7' from the north property line where 10' is required; to allow the addition to be located 5' from the edge of the right -of -way where 35' is required; to allow hardcover variances for 25.09% in the 0' -75' and 66.46% in the 75' -250' setbacks; and to allow a structural coverage variance of 16.9% where 11.62% is existing and 15% is allowed. Vote: Ayes 4, Nays 0, Jabbour Abstained. ( #8) #2411, PAUL AND LEANN HANSSEN, 3195 CASCO CIRCLE - VARIANCES - RESOLUTION NO. 4215 Weinberger stated the Council approved application #2411 for Paul and Leann Hanssen, 3195 Casco Circle, on a vote of 4 to 1 at their November 23, 1998 regular meeting. Flint moved, Peterson seconded, to adopt Resolution No. 4215, a resolution granting variances to allow hardcover in the 0 -75' lakeshore setback, to allow a boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks to allow the structure to be located 10' from a platted public right -of -way, where 15' is required. VOTE: Ayes 4, Nays 1, Goetten oppgsed. ( #9) #2417, TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD - B -5 AMENDMENT - WITHDRAWAL Robert Cunningham, Vice President - Development, TOLD Development Company, informed the Council that Walgreen Company did not approve the site at 2380 Shadywood Road. Jabbour expressed his appreciation for the way the developer worked with the City on this application. Cunningham stated that Walgreen's turned down the site for reasons unrelated to the City's site planning or zoning concerns. Their reasons are inadequate projected sales volume and the site does not fit their criteria for being on the corner of two major roads. Flint commented that staff will be working with the owner of the site to address issues regarding the condition of the site. Jabbour stated that the property is becoming a storage facility and he is concerned about the condition of the building. He requested that staff work with the owner to resolve these issues. Cunningham stated that he recommended to the owner that they block access to the property. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( #9) #2417, TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD - continued 0 Flint commented that at a meeting with the neighbors, they pointed out that the wetland on the property is being used as a dumping ground. He stated that the area, not just the building, needs attention. ( #10) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - REVIEW SUBDIVISION APPROVAL CONDITIONS Gaffron stated that the final plat drawings are not ready and final plat approval will be postponed until the Council's January 11 meeting. There are two specific conditions for which additional discussion is warranted at this time: 1) the park dedication fee amount, and 2) the financial security requirement for the future service road. He recommended that the park dedication fee amount be discussed after the Council considers the next item on the agenda, the Commercial/Industrial Park Fee - Administrative Procedure. Gaffron stated that a condition of the preliminary and final plat approval is that the developer provide to the City an escrow or letter of credit to cover the anticipated costs of future service road development adjacent to the rear of the property. The City Engineer has estimated the cost of a 28' paved road with concrete curb and gutter, storm sewer, etc. (but not trail construction) from Brown Road to Willow Drive, and prorated that cost for the 153' length adjacent to Outlot E. The estimated amount attributable to this site is $51,162 and the escrow amount would be 150% or $76,743. . Gaffron stated that the applicant has requested that the Council explore alternatives to encumbering $50,000- $75,000 for an indeterminate period of time for a road project that might only be constructed many years in the future, if ever. Jabbour stated it would be reasonable to look at other alternatives. Goetten commented that the road is less likely to be developed now that the new Highway 12 location has been determined, but there is a possibility that it will be built sometime in the future. She concurred with Jabbour. Jabbour stated it would be an undue burden on the applicant to retain a letter of credit year after year. He would like everyone to agree that if the road is built, they will pay their fair share and that they cannot waive their right to an assessment before an assessment has been applied. Gaffron stated that the applicant's attorney and the City Attorney have drafted a document that comes close to waiving the applicant's future assessment appeal rights. City Attorney Barrett said he has discussed a waiver with the applicant's attorney. He is not comfortable with waiving the costs of the road, especially for future owners of the property. He believes there is some risk to the City that a second or third owner of the property, when the road goes in, may object that under the statute that they can't have this waiver effected. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 • ( #10) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - continued Jabbour stated that the city might find it necessary to open that road and it would benefit the landowners. He asked if the City has security from other landowners in that area. Barrett said this is the only security for the road as it is now platted. Gaffron said that is correct. The City has an easement underlying the Otten property, but no security to make sure the road gets built. Flint stated that if the City does not have security from the rest of the owners, it should not be required from this applicant. He asked who will own the road after it is no longer Highway 12. Gaffron responded that the County will own the road. Jabbour questioned whether Gaffron received the direction he was looking for from the Council. Gaffron said he senses that, conceptually, the Council is not opposed to dropping the security and accepting some other type of agreement. Gaffron stated he has discussed rezoning the property to B -4 with the applicant and the applicant is • amenable to the rezoning. Rezoning to B -4 would eliminate some of the retail uses that might be a concern. There are a few B -4 uses that would not have been possible in B -1, such as nursing homes, schools and libraries. • Jabbour stated the parking should have been calculated for B -1 zoning. Jabbour continued Item 10 without objection until after Item 11 is handled. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( #11) COMMERCIAL/INDUSTRIAL PARK FEE - ADMINISTRATIVE PROCEDURE - • RESOLUTION NO. 4216 Gaffron stated that at the November 9 meeting, the Council tabled this matter and directed staff to review and compare methods for determining the park fee by using 25 -30 employees per acre or using a straight percentage method. He stated that for a commercial or industrial property, on average, the number of employees that can reasonably be accommodated will likely be in the range of 20 -25 employees per acre. Using $3.00 per square foot as an average value of developable commercial land, this translates to $130,000 per acre, of which 8% is $10,400. Using 25 employees per acre as a standard, this is equal to 2.5 dwelling unit equivalents based on 10 employees equaling one dwelling unit. Based on the minimum/maximum park fee of $2,900/$4,900 per dwelling unit, a one acre parcel should pay somewhere in the range of $7,250 to $12,250 for a park fee. The 8% park fee, on average, is roughly equivalent to the park fee that would be generated by the average commercial/industrial employee load of 25 employees per acre, on the basis that 10 employees have the same impact on the park system as a typical dwelling unit or household. Staff recommends that commercial/industrial park fees will be established at 8% of the Fair Market Value of the property, but not to be less than $7,250 per acre and not more than $12,250 per acre. He stated this is a clean way to determine what the park fee should be. Jabbour asked if Jean Mork Bredeson, applicant in the prior item, understood this fee structure. Ms. Bredeson stated this method of determining the park fee is simple and direct. Flint stated this is good language. . Flint moved, Goetten seconded, to adopt Resolution No. 4216, a Resolution Establishing Minimum and Maximum Park Dedication Amounts for Commercial/Industrial Zoned Land. VOTE: Ayes 5, Nays 0. ( #10) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - REVIEW SUBDIVISION APPROVAL CONDITIONS (CONTINUED) Jabbour questioned the width of the sidewalk. Gaffron stated that increasing the width of the sidewalk from six feet to eight feet has been made a condition of the resolution for final plat approval. Kelley stated he would like to see the site plan with the eight -feet wide sidewalk. He would also like to see the landscaping plan before final approval. Gaffron stated the landscape plan was part of the package for the last Council meeting, but he would be willing to review the landscape plan tonight. 0 Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 • ( #10) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - continued Kelley asked if there is any action necessary tonight. Gaffron responded no, that the site plan was previously approved with two conditions. One, that the sidewalk be changed from six feet to eight feet; and two, that staff review the final landscape plan. He said it was not clear that the Council wanted specific changes to the landscape plan. Moorse said he recalled that the general direction of the Council at the last meeting was to compare the landscaping to the Otten property to make sure the two were roughly equivalent. Jabbour said he understood the reason this application came before the Council tonight was to discuss the park dedication fee and the letter of credit. Gaffron said this item is for discussion of the subdivision, not the site plan. He believes staff has the direction needed to prepare for final plat approval. Jabbour asked if the applicant is comfortable with the direction provided by the Council. Jean Mork Bredeson (applicant) stated she understood that the discussion tonight was to get direction on the letter of credit and the park dedication fee. She is comfortable with the direction provided by • the Council. Kelley remarked that one of his goals for the corridor from Brown Road up to the schools is to get rid of the utility poles that are located on the north side of the road. He understands that it does not make sense to require the applicant to bury the utilities just on their lot, but he would like the ability to assess back the cost of burying utilities if other lots are developed. 0 Jabbour concurred that it would be nice to bury the utilities, but the cost would be prohibitive. The cost of burying the utilities would be added to the value of the property, driving up the cost of the land and increasing density. Flint stated he is supportive of the broad boulevard concept envisioned by Kelley. He would like staff to look at the plan for the whole road from Brown Road to Willow to determine feasibility. Kelley suggested realigning the poles on the road that is platted. Cliff Otten stated he wanted to pay the extra costs and bury the utility poles on his property when they were moved, but NSP would not allow it because Orono was not interested in burying the rest of the poles. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( #10) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA • BOULEVARD - continued Jabbour responded that Orono would have had to pay to bury the rest of the poles. He said the land in that area sells for $5.00 per square foot and that is similar to Minneapolis. He feels additional costs will add too much to the value of the land. Kelley stated he does not make decisions based on economics, but on what is best for the City. He tries to visualize what the city should be 30 years from now and how he wants it to look. He would like a contingency that would require the landowner to pay for burying the poles in the future. It could be assessed, like the cost of a sidewalk. Jabbour feels it would be hard to justify assessing the costs because it is not a necessary service. He asked if staff should look into the cost of burying the utilities. Goetten commented that the Council should not burden staff if they are not going to require the utilities to be buried. She thinks it would be very attractive, but she is concerned about the cost. Jabbour asked staff to contact NSP regarding the cost of burying the utilities. Kelley questioned the limit on the height of the light poles. Goetten stated it was 20 feet. Flint stated he wants to see the whole landscape plan from Brown to Willow. No action taken. ( * #12) AMEND FINAL PLAT APPROVAL - DRIVEWAY LOCATION - "4461" BAYSIDE ROAD - RESOLUTION NO. 4217 Goetten moved, Flint seconded, to adopt Resolution No. 4217, a Resolution Regarding Enforcement of Condition 2 of Resolution No. 3346. VOTE: Ayes 4, Nays 0, Jabbour Abstained. MAYOR AND COUNCIL REPORT Jabbour stated there will be a Highway 12 informational meeting on the 17th. He also indicated the Highway 12 Design Review Committee meets the first Wednesday of the month. Kelley asked about the format of the informational meeting and if there would be formal remarks made by anyone. 0 Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 • MAYOR AND COUNCIL REPORT - continued Jabbour stated it will be a public information meeting and Tom O'Keefe will make a presentation, followed by an opportunity for questions and answers, followed by a period for comments. Kelley asked how long the presentation will be. Jabbour stated he did not know. He said this is a three step process: 1) voting the corridor, 2) preliminary design, and 3) final design. Orono has voted on the corridor and the opposition time has elapsed. The preliminary design is now being discussed. Some of the items being discussed are really part of the final design. Moorse said that Patti Loken, Tom O'Keefe, and Keith Slater, representatives from Mn/DOT will be at the meeting. Many questions are property specific, so several maps will be posted on the walls and people will be given an opportunity to look at the maps and ask questions. Jabbour asked if staff has visited each property to determine the availability of primary and secondary septic drainfields. Moorse stated authorization of expenditures for septic testing for properties affected by Highway 12 right -of -way acquisition is on the agenda tonight. Letters have been sent to the neighbors requesting • them to sign a waiver that would allow staff on their property. Jabbour stated that meetings have been held with homeowners that have to move because they are concerned that they are not being treated fairly. At one time, the City would have had the right to obtain those homes with a loan from the Metropolitan Council and have Mn/DOT repay them for the homes. But from the time they identified the corridor to the time of construction, it had to be over a certain period of time and that requirement could not be met. Mn/DOT will start buying the right - of -way when the preliminary design is approved. Some people were critical of Orono, saying that the two -acre zoning was being compromised because homeowners with less than two acres will be allowe, to stay. 0 Flint said he wants to be sure people have an opportunity to ask questions. Jabbour said a previous meeting was very negative. He told Tom O'Keefe that the Mn/DOT right -of- way staff should be more forthcoming, bring a lot of information and not be evasive. Kelley questioned whether the City will have line -item approval /disapproval when the preliminary design is reviewed and if the City will have input on the unique characteristics of the road. Goetten commented that Long Lake meets with Patti Loken and Tom O'Keefe twice a month and perhaps the Orono Council should meet with them to discuss their concerns. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 MA FOR AND COUNCIL REPORT - continued • Jabbour stated that Council members meet with them regularly. He discussed the three -step design process. Kelley said he does not feel there will be room for negotiation once the final design stage is reached. He questioned when the Council would have an opportunity to address design issues. Jabbour responded that Kelley could meet with Mn/DOT to review design issues. Flint said he attends the Highway 12 Design Review Committee meetings even though he is not a member of the Committee. He said the Committee tries to address issues brought up at each meeting. Kelley asked what will happen if he disagrees with the final design. Jabbour stated he could try to persuade Mn/DOT to change the design. If they won't change the design, it could go to arbitration. Jabbour said that Mn/DOT has been good about listening to people's concerns and taking them into consideration. He said the corridor has been defined and it will not change. If one of the cities does not approve the design, it will go to arbitration. He is concerned about Nh/DOT getting the right -of- way acquisition in tune with the needs of the citizens. He questioned the length of time the City has • to act on the design. Moorse responded that from the time Mn/DOT gave the City the preliminary design, they have 90- 120 days to hold a public hearing. After the public hearing, the cities have 60 days to approve or deny. Goetten said the people on the Design Review Committee representing the City bring up issues they feel are important and most of them have been accepted by Mn/DOT. Jabbour said the Council should identify priorities and make them conditions of approval. Flint asked if all the Council members receive a copy of the Design Review Committee's agenda. Moorse said he will forward a copy to the Council members. Kelley commented on the property located on the north side of Watertown Road, east of County Road 6, the Johnson property. He is concerned about the height of the dirt berm. Jabbour stated Mr. Johnson was given an after -the -fact conditional use permit for the berm. 0 Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 0 MAYOR AND COUNCIL REPORT - continued Kelley asked staff to review whether the berm meets the approved specifications and he is concerned about runoff. Flint said the conditional use permit was issued after the project was approved because they had extra dirt and the neighbors wanted a bigger berm. Flint requested that staff check the lighting on the Spring Hill maintenance building because it is very bright and it is on all night. Kelley said he is concerned about lighting from the new Highway 12 corridor. He asked Tom Kellogg how to determine spillage of light. Jabbour said each light design is different. Kellogg responded that a lighting plan can be requested from Mn/DOT. Moorse commented that Mn/DOT has been told the City wants to review the lighting plan. 0 ENGINEER REPORT 0 (Five minutes recess taken.) ( * #13) REQUEST FOR PAYMENT #2 - NAVARRE WATER TREATMENT PLANT REHABILITATION Goetten moved, Flint seconded, to approve Request for Payment #2 to Shank Constructors, Brooklyn Park, Minnesota, in the amount of $19,149.00. VOTE: Ayes 4, Nays 0, Jabbour Abstained. ( #14) REQUEST FOR PAYMENT - HENNEPIN COUNTY ROAD 6 RIGHT -OF -WAY Gappa stated that according to the cooperative agreement with the County, the City is responsible for 50% of the right -of -way costs. There are 30 parcels, with 20 settled and 10 in condemnation proceedings. If the remaining parcels in condemnation settle for twice the deposit amount, or $120,000 in additional City costs, the City's estimated right -of -way costs will be approximately $330,000. Jabbour questioned the budgeted amount for this project. Gappa responded that the budget is $600,000. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( #14) REQUEST FOR PAYMENT - HENNEPIN COUNTY ROAD 6 RIGHT -OF -WAY - continued Goetten asked if the City is responsible for 50 %, why has the County paid $314,000 and the City $258,000. Gappa responded Orono pays 50% of the acquisition costs, but the County pays for all the appraisals and other costs. Kelley asked if Orono will be paying less than the $600,000 that was budgeted. Gappa said no. Peterson moved, Flint seconded, to approve the request for payment to Hennepin County for County Highway 6 right -of -way expenses in the amount of $202,927.13. ( * #15) REVISE ASSESSMENT ROLL - NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT Goetten moved, Flint seconded, to approve amendment of the assessment roll for Navarre Water Treatment Plant Rehabilitation to revise the number of assessment units for the listed commercial properties. VOTE: Ayes 4, Nays 0, Jabbour Abstained. • ( * #16) REVISE ASSESSMENT ROLL - HERITAGE /SHORELINE SANITARY SEWER PROJECT Goetten moved, Flint seconded, to approve amendment of the assessment roll for the Heritage /Shoreline sanitary sewer project to exclude David Scott, 1905 Heritage Drive, and Dean Patterson, 1025 Heritage Lane based on both properties having new conforming septic systems. VOTE: Ayes 4, Nays 0, Jabbour Abstained. CITY ADMINISTRATOR'S REPORT ( #17) AWARD BID FOR TELEPHONE SYSTEM Moorse said in April of 1998, the Council authorized staff to contract with Elert & Associates to do a needs assessment, develop a request for proposals, and evaluate proposals for a new telephone system for the City offices. The McLeod/ESI and Matrix proposals were relatively close in costs, so both were reviewed more closely by the consultant and a staff team. Staff recommends that the ESI proposal be accepted. The ESI system has a type of phone that best matches the needs and desires of the office support staff who receive-and route calls. The ESI system also has a type of phone that has an expanded display and function keys that make voice mail much easier to use. 0 Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 0 ( #17) AWARD BID FOR TELEPHONE SYSTEM- continued Jabbour asked if the voice mail is proprietary to the ESI system. Tom Pavek said the voice mail system is manufactured by Intertel. Jabbour questioned whether the system is Year 2000 capable. Pavek responded yes, that was a requirement in the bid. Flint c ,_:estioned whether the system will provide voice mail boxes for Council members and whether the system can handle greater capacity. Pavek said these issues were discussed and will be built into the system. Jabbour expressed concern about capacity for growth. Pavek said the system is expandable to more than 500 ports and the specifications were written to address this issue. Kelley questioned the funding for the system. Moorse stated that $25,000 was budgeted and the excess will be funded from the Improvement and Equipment Outlay Fund. Flint moved, Peterson seconded, to award the bid for the City telephone system to the low bidder, McLeod/ESI at a cost of $42,720.40 plus a 2.5% contingency amount of $1,068.00 for a total of $43,788.40, to be funded from the Improvement and Equipment Outlay Fund; and to amend the Improvement and Outlay Fund budget to reflect the expenditure. Jabbour asked if the old system will be sold. Pavek stated it will be sold through a broker, if possible. VOTE: Ayes 5, Nays 0. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( #18) 1999 FEE SCHEDULE - ORDINANCE AND SUMMARY ORDINANCE FOR • PUBLICATION - ORDINANCE NO. 181, SECOND SERIES Flint asked for clarification of the fee for a Conditional Use Permit Amendment because the description does not say "amendment ". Lin Vee said the word "amendment" will be added to the fee schedule. Goetten moved, Peterson seconded, to adopt Ordinance No. 181, Second Series, an Ordinance Adopting the 1999 Fee Schedule, an Ordinance Repealing Ordinance No. 166, Second Series and 168, Second Series. VOTE: Ayes 5, Nays 0. ( * #19) 1999 MEETING SCHEDULE Goetten moved, Flint seconded, to approve the 1999 Meeting Schedule. VOTE: Ayes 4, Nays 0, Jabbour Abstained. ( * #20) PURCHASE SQUAD CARS - LETTER OF INTENT Goetten moved, Flint seconded, to approve sending a Letter of Intent to Purchase three 1999 Ford Crown Victoria Squad Cars to Superior Ford. VOTE: Ayes 4, Nays 0, Jabbour Abstained. • ( * #21) OFFICER CHRIS FISCHER SIX MONTH STEP INCREASE Goetten moved, Flint seconded, to approve wage increase for Chris Fischer to pay rate of $14.77 per hour, effective December 7, 1998. VOTE: Ayes 4, Nays 0, Jabbour Abstained. ( #22) LONG LAKE FIRE CONTRACT FOR THE YEARS 1999, 2000 AND 2001 Moorse stated this item is a renewal of the fire contract with Long Lake for 1999, 2000 and 2001. Kelley commented that the Council will review the amount paid each year. Kelley moved, Goetten seconded to approve the extension of the fire services contract with the Long Lake Fire Department for the years 1999, 2000, and 2001, and to authorize the Mayor and City Clerk to sign the contract. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 1p ( #23) 1999 NON -UNION EMPLOYEE PAY ADJUSTMENTS - RESOLUTION NO. 421-8 Moorse stated this item is the 1999 non -union pay and benefits adjustment resolution. It is a 3% pay adjustment and a $16.50 increase in the City's insurance contribution. Jabbour commented that expenses are increasing in excess of the levy. Peterson moved, Flint seconded, to approve Resolution No. 4218 Approving Pay Plan Adjustments for Non -Union City Employees for 1999. VOTE: Ayes 5, Nays 0. ( * #24) AUTHORIZATION OF EXPENDITURES FOR SEPTIC TESTING FOR HIGHWAY 12 RIGHT -OF -WAY PROPERTIES Goetten moved, Flint seconded, to authorize expenditures in an amount not to exceed $7,500 for septic testing and related surveying to identify potential drainfield sites on those properties affected by the Highway 12 right -of -way taking, the expenditures to be funded from the General Fund Contingency account. VOTE: Ayes 4, Nays 0, Jabbour Abstained. ( #25) SCHEDULE WORK SESSION - CITY ADMINISTRATOR PERFORMANCE EVALUATION • Jabbour stated the review is 8 weeks behind schedule. Council members agreed to meet on December 30, 1998 at 8:00 a.m. Kelley asked Moorse to obtain salary information for comparable positions. Jabbour requested that Moorse review his 1998 goals and objectives and how he met them. He should also prepare 1999 goals and objectives. ( #26) 1998 INTERFUND TRANSFERS AND LOAN PAYMENTS Moorse stated these are the transfers that have been included in the 1998 budget and have been authorized by the Council. Flint asked for clarification of the transfers. Moorse reviewed the schedule of transfers and loan payments. Goetten moved, Peterson seconded, to approve the interfund operating transfers, loan payments and special assessment payments on City owned property as presented, effective December 31, 1998. VOTE: Ayes 5, Nays 0. i Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( * #27) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Goetten moved, Flint seconded, to authorize the City Treasurer to disburse City Funds in payment of claims received for the December 28th Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 11, 1999 Council meeting. VOTE: Ayes 4, Nays 0, Jabbour Abstained. ( * #28) APPOINT AUDITOR FOR FISCAL YEAR 1998 Goetten moved, Flint seconded, the appointment-of the audit firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. to perform the required audits for the 1998 fiscal year records at an estimated cost of $19,200, plus direct expenses. VOTE: Ayes 4, Nays 0, Jabbour Abstained. CITY ATTORNEY'S REPORT Attorney Barrett requested an executive session to report on pending litigation. ( * #29) LICENSES HOME OCCUPATION 1999 LIQUOR AND BEER LICENSES Goetten moved, Flint seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0, • Jabbour Abstained. Home Occupation Jennifer M. L'Aller 2684 Lydiard Avenue (Hair Salon and Services) Club & Sunday Wayzata Country Club 200 Wayzata Boulevard On Sale 3.2 Beer Lakeview Golf of Orono, Inc. 405 North Arm Drive Orono Public Golf Course 265 Orono Orchard Road Off Sale 3.2 Beer Orono Self Service 2160 Wayzata Boulevard O' Sullivan's 2420 Shadywood Road is Page 18 r� LJ 0 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ( * #29) LICENSES - continued Off Sale 3.2 Beer On & Off Sale 3.2 Beer ( * #30) BILLS O' Sullivans II 3340 Shoreline Drive Navarre Lanes 3435 Shoreline Drive Goetten moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0, Jabbour Abstained. Jabbour said he received a report from the Hennepin County Sheriff regarding the lockup facility. The facility is 100% in compliance. Jabbour filed the report with the City Administrator. ADJOURNMENT Peterson moved, Flint seconded, to adjourn the meeting at 9:30 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabriel 3abbour, Mayor Page 19