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HomeMy WebLinkAbout12-10-1975 Special Council Meeting MinutesCITY OF ORON’J, MINNESOTA SPECIAL COUNCIL MEETING HELD lECEMBER 10, 1975 ^feyo^ Robert L, Searles called to order a Special Meeting the Orono City Council on the above date \vith the fol­ lowing members present: Councilmembers Massengale, Butler, Paurus and Welsh. City Attorney, Bruce Malkerson and Clerk/Administrator, Walter R. Benson. (Councilmembers Butler and Welsh left early) All maii)ers of the Planning Commission, Park Coimiission and Bjman Rights Commission had been notified to attend including persons \dio were known to have an interest in ^e proceedings. The official City newspapers were also notified of this Special Council f>feeting. ATTENDANCE - 7:35 P.M. ORONO CITY HALL Mayor Searles addressed those in attendance requesting their guidance and comments concerning the Orono-Long Lake Sewer Interceptor proposal of the Metropolitan Waste Control Com­ mission. He explained that the proposal was for a gravity interceptor draining the Orono and Long Lake Treatment Plants, going through wetlands or around the perimeter of the wetlands, into Wayzata. The Mayor called attention to the report en­ titled "Environmental Assessment-Orono-Long Lake Interceptor", dated February 1974, by the National Biocentric, Inc. The City came into receipt of this report in November 1975, and alth^gh it*s contents would not be part of the evenings dis­ cussions, the Council had transmitted to the Metropolitan Waste Control Commission 115 objection or changes (attached herein) for incorporation into the transcript of the Public Ifearing held December 4, 1975. The Council explained their C^rplexity due to late receipt of the Report and because only ^OTight, at 7:30 P.M., just prior to the meeting, had the City received the Final Plans on the project. The project would have many implications, one of which was disrupting swamps that we have been protecting with Ordinance No. 125. There are alternatives to the present plan, such as a pres­ sure interceptor going along Fbx Street or Orono Orchard Road. The City would have to find it in the public interest to grant a variance to the Wetlands Ordinance. The Mayor noted that the Environmental Report flagged the environmental hazards of the proj^t and Massengale emphasized that the risks involved are irreversible. The Mayor introduced Gene Hickok, Hydrologist, of Hickok *1 Associates vho had come to die mating in m advisoi/ capacity at the request of the Council, ^fr. Hickok agreed with the Council»s statement read at the ^ii^ic Hearing that stated the basic policy of Orono and leader's in protecting marsh areas. He had not yet seen the Final Plan but had a sketch of the project. To him it looked like about 3 1/2 miles of pipe either in the flood plain or close to it. 3 1/2 miles is a major concem and alternate routes were not very detailed. The Mayor noted within the next coiple weeks 90% of tiie available Federal Funds would have to be put together, if the project was to get underway. Hickok felt the Pollution Control Agency coi^d possibly lay over funds for another year. Searles felt /^iting another year would not be out of line considering the r^qjes woind be in the ground 50 to 100 years. Hickok went an to describe a portion of the project noting that the chosen route made provision for ditch dams every 500 feet. One potential was in the excavation of the line thru marsh soil which could open up clay seals of peimeable materials. Water ORONO-LONG LAKE INTERCEPTOR MIMTOS of a special council meeting held DECEMBER 10, 1975 - PAGE 2 wuld then infiltrate the trench and go down. The disadvan- was the possible draining of some of the marsh areas, ^^tro recognizes the problem and so is planning about thirty ditch danB, which would be about 500 feet in length, although w length would more probably be deteimined during construction, i^t could also pose a concein to the City. Another problem is me enoimous ^unt of water to be used during the construction, vhere dewatering is necessary. Searles stated that the Lake ^toiet^a Co^ervation District £^roval was conditional upon their inspection of the Final Plans for the project but so for not received any such plans. Searles felt it was very dif­ ficult to make decisions on such a big issue without the proper ^vestigation. Massengale felt the problem indicates that Orono has strong interests but we have not acknowledged our control over the^ conditions or interests. Searles felt Ordinance No. 125 would be a protective measure. Hickok felt that no single project in Orono would have a more potential effect than this project on the Vfetlands Ordinance. Searles noted that the Watershed District wants all sewer plants taken off Lake Minne­ tonka. Hickok indicated that if, in fact, the new zoning maps were taken into consideration ma^^e it would be found that we sewer. Brad Van Nest noted that that would be on the basic assun^tion that Metro would agree we can grow with a minimum lot size of two acres in unsewered areas. Van Nest felt we could design ai^ regulate septic systems adequately, .ii^ok felt the shoreline for some distance should be sewered and possibly o^er areas having soils creating great difficulty, ^^ch as clay hills. Searles noted that in addition to zoning "^gulations, building permits were not just issued but condi- ticns must meet certified engineering design standards. Hickok lelt that the area needed a better handle on how we are effected ^^rshes, such as how much marsh area do you need to success­ fully treat storm water. Searles pointed out tliat the Environ­ mental Assessment Report was actually prepared in 1971-72 and had missed this concern completely. Hickok said his impression on review of the question was that the majority of marshes needed, under present density was at 100% right now. He noted that son» areas have surplus lowlands but not many. When asked what this n^ to do with upland storage of water, Hickok answered that they did not want water to raise over six inches and it was preferable ^at there was not too nuch fl^cuation for a variety of rt;.*. jons. pother reason idiy the present wetlands became more valuable was b^ause some municipalities had filled in their marshlands. Hickok was asked to project the level of urbanization possible with fisting svfantps. He felt that they would get so valuable ^at developer's would treat their storm water rather than expend It and cited the Ridgedale Shopping Center as a present day ex- Van Nest asked \diat the disadvantages were of a pressure mam along roadways. Hickok felt primarily the cost of operating lift stations because they are an on-going expense. Hickok was ^kedabout effects on the Umg Lake Creek on which the Long Lake Treatment Plant was located and stated he felt it would be very Concem was expressed as to the Long Lake and Orono Treat- Nj^t Plants if the project should fall thru. It was felt that Ormo would be alright but that Long Lake was known to run at .twice capacity on bad days. It was agreed by all that there wasuy cuLx Liuit LJicre w« not enough time to make a decision. IVhen asked why the Council naa not looked into the alternates, they replied that the gravity line was the only one with an environmental assessment on it« ORDNO-LCWG LAKE D'TTERCEPTDR, cont. f! f- n MINOTES OF A SPECIAL COUNCIL KEETING HELD EECEMBER 10, 1975 - PAGE 3 Vm Nest felt that there viould be few construction problems with Altemate No. 6, Butler asked Mr. Hickok, as to the case of the seal in the marshes being broken, whether this could create a gain in water in other areas - possibly flooding of residenti^ properties. Hickok replied it could happen. Gloria McDon^d WaMra wanted to know if the marsh could be entirely lost if the seal were broken. Hickok replied, ”Yes, it could happen". Massengale asked, "Are these valid concerns?" Hickok replied ’Yes, especially with 3 1/2 miles of^^itt". Searles C noted that the pipe would be set very deep and could walk around on the marsh and break. Massengale expressed his feelings that our marshes would always be under threat with maintenance pro­ blems. Van Nest noted that the cost of the initial installaticxi of Alternate 1 was 1/3 more than the pressure system but was justified because it would cost a million and a half less for Orono to hook up trunks and laterals but felt this was bad logic because we don’t want to hook-in as it is not consistent with cur Compre hensive Plan. It was also pointed out that our nor^ rural area was considered by Metro policies as an urban­ ized area and it was felt that from an environmental standpoint it would have a bad effect on the Lake. Hickok related that heavy residential areas create stoim water in which pollutants could net be controlled. The City Administrator presented a Resolution that had been drafted because of the imnediate need to respond on the project. Mayor Searles read the Resolution an no one voiced objections or disagreonent with it’s cemtent. Masseng^e moved, Butler seconded, that the Council adopt Resolution No. 653 entitled, "Resolution Requesting Sixty Day Extension Prom the Pollution Control Agency (PCA) To All^ the City of Orono an Opportunity for a Detailed Ana­ lysis of the Proposed Orono-Long Lake Interceptor" and having the following content: Whereas, the City of Orono first received the environmental assessment concerning the proposed Orono-Long Lake interceptor (hereinafter interceptor) on November 14, 1975, and Whereas, the City of Orono has not had adequate time to review the environmental assessment prior to the Dec^iiber 4, 1975 public hearing on the proposed interceptor, and Vhereas, the City of Orono still has not received the final plans and specifications for the interceptor, and Whereas, the City of :.Tono is very concerned about the pos­ sible adverse environmental effects of the proposed interceptor; Now, Therefore, Be It Resolved: 1. The City Council, Planning COmnission and staff have not had adequate time to review the environmental assessment sub­ mitted concerning the interceptor and have not yet seen the final plans and specifications for proposal Number 1 of the interceptor. 2. There has been no application by the MICC or any other ^agency for a variance under our Ordinance No. 125, to allow for ^^the construction of the interceptor within 26 feet of or within the wetlands and marshes in the City of Orono. Such an appli­ cation frcrni the Metropolitan Waste Control Comnission (herein­ after Mice) must be made, reviewed and approved prior to any construction. owk)-lch; lake INTERCEPTOR, cont h , I \ { i RESOLUTION NO. 653 ORONO-LONG LAKE INIERCEPTOR - REQUEST TO POLLUTICW CONTROL AGENCY FOR TIME EX­ TENSION 1 ! m MINinES OF A SPECIAL MEETING HELD DECE^BER 10, 1975 - PAGE 4 3. There may be irreparable damage to the wetlands and marshes of Orono unless there is first an additional study of the possible adverse effects of the interceptor. _ 4. The interceptor as understood presently by the City is contrary to the land use policies of the City. 5. The City nust be granted a sixty day extensicxi of tin© to all^ for a detailed analysis of the interceptor, \diich analysis addresses itself to the concerns raised herein and set forth in the letters of December 4 and November 26, 1975, attached hereto. 6. Hie City still approves of the concept of removing ef- fluOTt from Lake Minnetonka but must have additional time to review the final plans and specifications once they are filed and the proposed amendments to the environment assessment to determine if the interceptor is environmentally acceptable to the City. 7. The City of Orono appreciates the recent staff assis­ tance provided by the MWCC and the PCA and hopes that through immediate review and reaction by their staffs and the City staff and City Council that the questions which have been raised concerning this project may be answered satisfactorily and that the project or a project similar in nature may be implemented in the calendar year of 1976. 8. If there is any possibility of applying for federal funds and holding those ^jnds for tiie interceptor for at least ninety days until additional analysis and input can be completed by the City, that the PCA take those steps necessary to realize those goals. 9. The City asks that the PCA or other agencies charged with the responsibility of abating and preventing pollution in the Lake flinnetonka area take those steps necessary to obtain funds to finance a complete study to be made by the Minnehaha Creek Watershed District concerning the effect of urbanization on L*»ke Minnetonka and the surrounding water­ shed. Motion, Ayes (5) - Nays (0). RESOLUTION NO. 653 ccmt. Searles moved, Paurus seconded, that the following cover letter to the Metropolitan Waste Control Ccmimission regarding the Orono-Long Lake Interceptor, as drafted by the City At­ torney, be approved and submitted. Motion, Ayes (5) Nays (0). To Mr. Stephen Allbee, Planning Coordinator; Metropolitan Waste Control Coninission; Seventh and Robert Street; St. Paul, Minnesota, 55101. It is my understanding pursuant to our telephone conversatiai of today, that the City of Orono will be able to siibmit com­ ments to be entered into the record for your review as late as December 11, 1975. Enclosed please find: (1) A Resolution requesting a sixty cUy extension from tlie Pollution Control Agency to allow the City of Orono an oppor­ tunity for a detailed analysis of the proposed Orono-Long Lake ^^Interceptor; (2) A copy of our letters of December 4 and November 26, 1975, to the MWCC concerning this matter; (3) A copy of the amendments which the representative of BioC^trics and the representatives of the City of Orono re­ viewed, idiich amendments should be incorporated idiere applicable LETTER TO METROPOLITAN WASTE CQI^JL COMMISSION -CITY COMMENTS ON THE PUBLIC HEARING - ORCM)- LQNG LAKE IMTERCiPTOR MINUTES OF A SPECIAL MEETING HELD EECBffiER 10, 1975 - PAGE 5 into the enviromnental assessment previously filed so that the environmental assessment submitted to the Federal Government ^is so amended; (4) A copy of our wetlands ordinance. Ordinance No. 125, the provisions of which must be met by any agency prior to construe tion of any project in Orono; (5) A copy of our comprehensive land use plan which clearly shows this area as a rural residential area not to be developed into lots of less than two acres; (6) A copy of the Orono zoning code map, which clearly shows the area through v4iich this interceptor is proposed to be con­ structed as two acre rural residential. As noted in the enclosed documents, the City of Orono has been very craicemed in the past and is presently concerned about any developments in the City which does not meet the require­ ments of ^e land use policies of the City of Orono. The City is unable to reach any meaningful conclusions conceming the proposed interceptor because of the lack of information supplied to the City by the MlCC and because of the short time allowed the City for review of that infoimation which has been i*ecently submitted to the City. A project of this magnitude will have both short term and long term imp^t of great magnitude on the City and it is the City’s responsibility to understand coopletely frcMn a ccm^lete analysis of the proposed project what the con­ sequences and inpact mi^t be; for the reasons set forth herein, the City has not been able to undertake such an analysis and ibviously must be able to do so. If you have any questions conceming this matter, please feel free to contact liie undersigned. Signed Bruce D. Malkerson, Orono City Attorney. The Council again requested input from everyone conceming the proposed ^iltiple Dwelliiig Ordinance. The procedure was that tiie Mayor read the Ordinance, segment by segment, and discussion followed each portion. The following are pro­ posed changes dr areas where decisions would have to be made: (1) Under M-6 Purpose: An inclusion to designate that land area planning would be "exclusive of wetlands". (2) The portion conceming Permitted Uses in M-6 Area allowing any permitted use as regulated in the R-IB District: This was an area of contention due to objections to the pos- siblity of six single family units to an acre and the other view, that if in a relatively large area, it would permit flexibility of design. Fears were expressed that this pro- \lsion could lead to having a large area of single family roiv houses and it mss felt this feature was more in line with a hi^ tosity ordinance. An opinion was expressed that the code should include a provision that if a developer was to construct single-family residential homes, the tract ^;ould revert to the original zoning. It was felt by some (^lat the PRD provisions of the Zoning Code would allow for clustered single-family residential units and for greater controls by the City and that the purpose of the proposed code was regulation of attached multiple dwellings. How­ ever, several felt that a mix of housing types would be desirable and allow a developer flexibility to plan aestetic LETTER TO POLLUTION OOmEDL AGENCY, cent. I •I V. mTIPLE DWELLING 1 i!i; .1 MIMIXES OF A SPECIAL MEETING HELD DECEMBER 10, 1975 . page 6 0^°rJ^V «<"W not back out of a pla^*^?^^ fj!®"* ^^rease land value. The City Attorney disagreed with the concent because it was reUtiv^^! tri« Attorney suggested that th^ dis- floating zone” with a peimitted use of sinele- •^ly on 1/2 acre sites and multiple dwellings as a conditional defSine’L°ff.^*^‘ ®“8gested for possible inclusion in the Jwo’^ f ®° ^ “"it®” o^-a aS^f'the attached in the sentence ccaiceming™ dwelling units per building. ^ ereaieAli^hi^J' developers be allowed ^ Stones ait.''.agh sane felt the appea- dwelling was better. It was suggerted tha^e ordi^ce i^e no "story" designatiai but chanre^it to ^^s would lead to skimpy design in the dwellings. Kiinpy , ^ J .^"5 seemed to be general agreement ^ Iwrdcover be the allowaSeTlt was oniv 701^ height limitation would have to be increased if ^??P^^,^®*^hip: The City Attorney felt that the shoi^d deci^ i^ether all units on a tract be held in ^mrovner s ^sociation or whether they could be held in ^ ^ unsettled questions relating to the prc^red co^, the Comcil directed that another joint^meeting ^held on December 16, 1975. at 7:30 P.M. in the Orono City 7-* current Village basis for collection PARK DEDICATION FEB Zoning Administrator's proposal consisted of assessing the fee on lesser percentage or raw land value to the extent of ^h subdivisions density in relation to the zoning code. Lou Oberhauser felt land value should be a basis for the fee but a maxinun fee limit per lot should be set. A1 Whitman felt that eve^ne shoidd contribute to parks and costs should be included in the ad valorem tax for general City distribution. The City Attoiney cited the State Statutes that collection of Park Dedi­ cation Fees coi^d be made only at the time of subdivision. An- other su^ested by Mayor Searles was a fee per building lot. Brat* Van Nest pro^red that zones be forgotten and on a basis of ten ^res divided by 10 for density the following percent of r^ land value could be set with a maximum payment of $300 to $500 per mit: 0 to 1 at 2.51; 1 to 2 at 5»; 2 to 4 at 101; 4 to 6 at 124; 6 to 8 at 144; 8 and up add 1 1/24 per unit. ^Nfc*^e perc(^t amount could either be expressed in land or cash Vw^alue. The Van Nest proposal seemed agreeable to the majority of those present. Massengale moved, Paurus seconded, that for ^rposes of holding a Public Hearing the Council direct the Attorney to prepare a draft for amendment of the portion of^inmce No. 180, relating to the Park Dedication fee to reflect the Fee Schedule-------^ ’ ’ ~ * - maximum fee to be set at 1 ^ < * I! presented by Brad Van Nest with the $500 per lot. Motion, Ayes (4) -Nays (0). • • \ r MINims OF A SPECIAL COUNCIL MEETING HELD IE ER 10, 1975 - PAGE 7. The Council went on to discuss the need for an updated Com­ prehensive Sewer Plan with an effective way to control rural characteristics and the possible zoning of potential problem areas at higher than a two acre density requirement. Searles moved, Massengale seconded, that Rosalie DeGrauwe be appointed to the temporary position of Assistant Zoning Admin istrator and salary adjustments be set at the next Council Meeting. Motion, Ayes (3) - Nays (0). «li ItCouncilman Paurus called attention to the following Memoran dated 8 Decenber 1975 to Menbers of the Gonnunity Advisory Com­ mittee of Sub-Area 3 from Craig Spencer of the Hennepin County Public Worics Department: At the last CAC meet^ it will be recalled that the represent­ ative f^ Orono desired to review the proposed functional classification of Coiaity Road 15 with the Orono City Council prior to printing the draft final report. The current (1975) functional classification is minor arterial and the proposed (2000) functional classification is minor arterial. It was also agreed that the projected traffic volumes for year 2000 would not warrant upgrading of County Road 15 to four lanes. The Orono City Council has met and wants the road classified as a scenic parkway. "Scenic parkway" as a set of words to descri be the function of County Road 15 represents a problem because the words describe a design type not the function. A similar situation would be to call the road "two land roadway". It is possible for a minor arterial to be designed as a sc«iic park­ way. Also discussed at our meeting was the possibility of classifying the facility as a collector and the iJiplicaticns of such action. With this situation three alternatives exist: _Continue to functionally classic the road as a minor arterial. Under this case a special note could be added to the map noting the County Road 15 is to be two lane and landscaped. _Create a special classification called scenic parkway and classify the road as such. _Functionally classify the road as a collector and change the jurisdiction to local control. Please check off the preferred alternative and mail to me before December 12, 1975. © Paurus moved, Massengale seconded, that the City address a letter to the Members of the Hennepin County Transportation Study Committee stating the Village concerns and recomenda- tions regarding County Road No. 15 and that the County create a special classification called "Scenic Parkway" and classify the road as such. Motion, Ayes (3) - Nays (0). The Council instncted the City Attorney to inform Lee Primus, owner of Ski Tonka, Inc., that he is in violation of Ordinance No, 154, COMPREHENSIVE SEWER PLAN - UPDATE )t> I APPOINTMENT - TEMPORARY ASSISTANT ZC»4ING ADMINISTRATOR COUNTY ROAD NO. 15 HENNEPIN COUNTY CLASSIFICATION SKI TONKA, INC. 'i I •I •i i » il H-.l K I >• • V. MINUTBS OF A SPECIAL COUNCIL MEETING NEU) IBCEt^ 10, 1975 - PAGE 8. ^ Searles moved, Pauius seconded, that the Council instruct the P^City Attorney to settle the Robert Eckert property law suit in the way suggested by the City Attorney. Motion, Ayes (3) - Nays (0). ROBERT ECKERT PROPERTY Massengale moved, Paurus seconded, that the meeting be adjounied at 11:30 P.M. ADJOURMCNT Mayor Robert L. Searles Attest: OerRZ strator, waiter R. Benson 1 •••