Loading...
HomeMy WebLinkAbout01-10-2000 Council MinutesV 1 dj ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 • ROLL CALL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint, Bob Sansevere, Charles Kelley, and Barbara Peterson. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, City Engineer Tom Kellogg, Zoning Administrator/Planner Paul Weinberger and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. LONG LAKE FIRE DEPARTMENT PRESENTATION Fire Chief Steve Persian introduced the officers of the Long Lake Fire Department to the members of the City Council and thanked the Council members for their support during 1999. Mayor Jabbour asked about the redevelopment of Highway 12 and its affect on the location of a new fire station. Chief Persian stated that they are confident they can make the right decisions with all the right information and they are in a good position to move forward. Mayor Jabbour thanked Chief Persian and told him the Council members and the citizens of is Orono appreciate what the Long Lake Fire Department does for them. CONSENT AGENDA ( #2) APPROVE /AMEND Items 6, 12, 13, and 15 were added to the Consent Agenda. Flint moved, Peterson seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. Jabbour moved, Flint seconded to amend the agenda by moving Item #9, Sewer Assessment /Cost Allocation Policy, to Item #5A. VOTE: Ayes 5, Nays 0. ( #1) 7:00 P.M. - PUBLIC HEARING - EAST LONG LAKE SEWER PROJECT A. ORDER PREPARATION OF PLANS AND SPECIFICATIONS - RESOLUTION NO. 4407 Moorse stated that this is a project to bring sewer to a neighborhood on East Long Lake. Kellogg displayed a map showing the location of the systems that are failing, noncompliant and compliant. A preliminary feasibility study was prepared for this project and was Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #1) EAST LONG LAKE SEWER PROJECT -Continued presented to the residents at a neighborhood meeting held on December l'`. Kellogg explained that two options for sewer were discussed at the neighborhood meeting. A gravity sewer option with a lift station at an estimated cost of $31,000 per unit was discussed. The residents were not interested in this option because of the high cost. The other option presented was for a pressure sewer system at an estimated assessment of $13,900. For this option, the property owners are required to purchase, operate and maintain their own residential grinder pump station. For other pressure sewer system projects, the property owners were alto« -ed to include an allowance in the assessment for the purchase of their grinder pump station. If the residents decide to receive the $4,500 grinder pump allowance, the estimated per unit cost will be $18,400. He said there are some properties to the east that could be served by this system in the future. Kellogg said that six of the septic systems in this area are nonconforming to the 3 -foot separation rule, with three of these systems failing because of surface discharges or cesspools. He said that most of the lots with conforming septic systems had new septic systems installed during the time period when the new septic regulations were enacted, and before the final decisions on the new sewer projects were made. Jabbour asked if this is an elective project where the residents are asking the City to put the sewer in and, therefore, the residents will pay the full cost of the system. Kellogg said that is correct. • Mayor Jabbour opened the public hearing at 7:15 p.m. Dick Rinehart, 985 Old Long Lake Road, said he is concerned about the delay in making a final decision on this project and the maintenance of a grinder pump. Jabbour explained the history of the sewer regulations. Rinehart said he would like to clarify a statement made earlier that the residents are demanding the project; therefore, they should bear the full brunt of the cost. He feels the City should share the cost. Jabbour said the City has decided there are two types of projects that it will do. One type is where the City has no choice but to force a project on the residents. The City would only assess an amount they could justify as a benefit to the property. The second type is where the residents petition the City for a sewer. In this case, the residents are assessed the full cost of the sewer. Jabbour thinks $19,000 is a very justifiable assessment. He said that based on information he has gathered, future assessments in the two -acre zoning will be bet« een $20,000 and $29,000 for a sewer system. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 • ( #1) EAST LONG LAKE SEWER PROJECT -Continued Rinehart said two different systems are being discussed, one that costs twice as much as the other. If the City can provide a gravity system for $19,000 and a grinder system for $18,000, the gravity system is much preferred. Kelley said that the gravity system for this neighborhood would be $31,000 while the grinder system is $13,900, plus the $4,500 for the grinder pump. Jabbour said that most Cities would not assess the cost of the grinder pump. Sansevere said that some residents asked for exclusion from the project. He asked if Rinehart was one of those residents. Rinehart said no. He asked what would make the systems noncompliant in the future. Kelley said a compliant system could become noncompliant in the future if the MPCA regulations changed. If a resident that asked for exclusion from the project wants to connect to the sewer system in the future, that resident will have to pay his fair share plus the inflated cost as well. Rinehart asked how much right the residents have in saying whether or not a system is compliant. Kelley said that the City would inspect the system. Karen Anderson asked if installation of the grinder system and hooking up to the City's system are included in the $18,400. Kellogg said the proposed assessment of $13,900 provides for the trunk force main in the street and it provides for a service stub up to the property. The additional assessment of $4,500 is an allowance to the property owner to purchase the grinder pump, have it installed and to install a line from the pump to the service stub. The $4,500 may or may not cover all the cost. Anderson asked if there is an additional SAC hook -up charge. Kellogg said it would be approximately $1,050. Jabbour said that is a Metropolitan Council charge, not a City charge, and it is not covered by the assessment. Kellogg said there would also be a quarterly sewer charge for usage. • Jabbour said the usage charge would change from year to year. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #1) EAST LONG LAKE SEWER PROJECT -Continued 0 Rinehart asked about the neighbors buying the pumps as a group and getting one contractor to install them and whether the City would be involved in that. Kellogg said it would be the responsibility of the residents to work together and get bids from contractors. Rinehart said he feels the City should contract for all the work rather than the residents doing it individually. Jabbour explained that the legal costs involved would make the project more expensive. Marjorie Beauchaine, 460 East Long Lake Road, asked if the City would provide a list of contractors. Moorse said the City staff cannot recommend any one contractor, but they would provide a list. The public hearing was closed at 7:35 p.m. Flint asked if the system would be adequate to provide sewer to the properties farther east on Long Lake Road. Kellogg said the size of this line would be adequate to provide sewer to the properties to the east. Flint moved, Kelley seconded, to approve Resolution No. 4407 Ordering the Preparation of Plans and Specifications for the East Long Lake Sanitary Sewer Project. Peterson questioned the $1,700 connection fee that the City of Long Lake will require. Kellogg said that fee is included in the assessment. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF DECEMBER 13,1999 Flint moved, Peterson seconded, to approve the Minutes of the Regular City Council meeting of December 13, 1999, as submitted. VOTE: Ayes 5, Nays 0. • Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 • PARK COMMISSION COMMENTS — James White Mr. White reported on the last Park Commission meeting. He said they talked at length about the Navarre Park budget. The estimates came in quite high and they are trying to reduce the budget. He displayed the proposed layout of the park and said the play area is the single most expensive item. The sidewalk will not be put in right away because there may be State funding available for the sidewalk in the future. He said the final report is not ready. Sansevere asked what kind of fence would be installed. White responded that they would not be adding any fencing at this time. Jabbour asked about the total cost for the project. White said the total cost is estimated at $114,000. He said the Park Commission is looking at a DNR grant that would pay one -half the cost of the project. White said the Commission also talked about the boundaries of the Saga Hill Park. He said Mr. Gappa did mark the boundaries and there is a map showing the boundary lines. Kelley asked how far apart the markers are located. 10 White said he thinks they are probably 100 feet apart. Some are closer together than others. White said they also discussed the trail that will be installed in conjunction with the construction of Highway 12. The Commission would prefer a trail from Long Lake to Old Crystal Bay Road, but they would also like to include Stubbs Bay and go down to 6 to access Baker Park. Jabbour said the trails would be identified and worked on in the final design phase of the highway. Peterson asked about a dedication of Saga Hill. White said Gappa would be talking to Moorse about a dedication. PLANNING COMMISSION COMMENTS None PUBLIC COMMENTS None \J Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ZONING ADMINISTRATOR'S REPORT • ( #4) #2522 BANCOR GROUP, INC., SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE NORTH - PRELIMINARY SUBDIVISION, PLANNED RESIDENTIAL DEVELOPMENT - RESOLUTION NO. 4408 Dave Newman, The Bancor Group, and Marty Campion, Project Engineer, were present. Weinberger presented the staff report. He said the Council approved the preliminary plat for the Bancor Group to develop the 58 -acre site at the southwest corner of County Road 6 and Willow Drive North. One of the conditions of approval was the requirement of City water service to the site. Council directed staff to prepare a preliminary plat approval resolution and to work with the developer regarding the City water service to the property. One of the primary reasons for that condition is fire protection for the property. He said there was discussion with the Council concerning the design of the system and the requirements of the system to not only provide fire protection to the site, but also to provide for future expansion of water services throughout this area. He displayed a map showing the location of the water service. Weinberger said the developer had presented a proposal to install what would be a combination of an 8 -inch and a 4 -inch line to serve the site with an 8 -inch line coming into the development, serving a fire hydrant and supplying the rest of the subdivision to a point in the north and a point in the south with a 4 -inch line. Because a 4 -inch line would not be considered as the standard most cities would accept for water service and especially for location of additional hydrants • within the development, staff discussed with the developer the installation of an 8 -inch system throughout the entire development. The City's policy is that developers construct and pay for necessary infrastructure that would serve the entire development. For future planning purposes and the ability to extend the water service and to possibly create a loop system from the water tower, the developer would have been required not only to extend water service just to certain individual lots within the development, but also for the extension. Staff has had discussions with the developer regarding the responsibility and who will have to pay what portions within the development. Because it was staffs recommendation and the developer has indicated that the City would benefit most from the extension of the water service lines to the north and the south, it is the developer's position that the City of Orono should be responsible for that portion of the water service as well. There is an 800 -foot section between the Middle School and the west side of the Bancor property where a water service line would have to be extended to serve the development. The developer has stated that this is an extension that serves the City more than the developer, although it is required in order to provide water service to the development. Staff has recommended that since it is a shared benefit, the costs be shared for the 800 -foot section. Staff would also like to leave the opportunity open to upgrade the system throughout the entire Bancor site with a 12 -inch water main. The upgrade to the 12 -inch water main is something the City would use in order to maintain higher capacity throughout its system and also loop the system. It is staff s recommendation that that portion of the development would be the responsibility of the City of Orono and the developer would maintain the individual • Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 e 04) #2522 BANCOR GROUP, INC- Continued costs, half the cost of an 8 -inch line between the Middle School and the development and the 8- inch line only to serve what's within the development as well as the placement of hydrants throughout. Newman reminded the Council that the developer does not think it is necessary to run municipal water to the site. He is concerned that they will be required to oversize the system to benefit other properties. Mistakenly, at the last meeting, everyone thought that water service was available within 50 feet of the site. Subsequently, they found out that the water service is really about 800 feet away. He said that once they bring the water service the 800 feet to the property, they have to run it another 500 feet to get it to where it does any good. He is not objecting to paying for the 500 feet. He said there is still a strong argument that municipal water is not necessary. Because of that and the water service is located 800 feet away, they will ask the City to participate in the cost. They propose to bring the system in with an 8 -inch line and then T off to the north and south and put a hydrant at each end. This would place a hydrant within 800 feet of each home. A 4 -inch line will be used from the hydrants and then 1 -inch service to each home. He said the difference between their proposal and the staff s proposal is about $60,000 in costs. Jabbour asked who owns the land where the 800 feet of line would run. Moorse said the school district owns it. • Jabbour asked if staff considered running the water on the frontage road and having it available eventually for the entire commercial district. He wondered if the 800 feet would be a wise investment. Moorse said the 800 feet is a benefit to the City because the whole system will be looped to the water tower. Jabbour asked why the developer doesn't think it is his responsibility to pay for the 800 feet based on what is necessary for the development, not the City. Newman said they don't feel that municipal water is necessary at all. If they are required to do it, they feel the City should be obligated to get it to the property line. They also feel that the assessments they are paying to the City obligate the City to get the water to their site. Jabbour asked if Newman thinks staff's recommendation is totally unreasonable. Newman said no, he could understand the logic. Jabbour said that if the Council asks the developer to provide additional water capacity for the City's use, then the burden should not be solely on the developer. He said Orono's policy is to • assess 100 %. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #4) #2522 BANCOR GROUP, INC — Continued 0 Newman said he understands staffs proposal is to split the cost of the 800', the City would pay for the increments to the north and south and the City would pay for over sizing from 8 inches to 12 inches. He can't say that is unfair. Flint agreed with Newman that the City should pay half the cost of installing the 800 feet of line from the Middle School property. Kelley agreed with Flint. Jabbour said he does have a problem with the City paying half the costs. If the City does pay for half of it, the costs should be reassessed to the properties in the area. Sansevere said he agrees with Jabbour. Kelley said he is willing to accept staffs recommendation. Newman said he is willing to accept staff s recommendation. Sansevere asked if this would set a bad precedent. Jabbour said no. He said the developer is meeting all the requirements of the City. The City is is taking an opportunity from the development happening to get additional capacity from the pipe that will benefit the general public and the subdivision across the street. Kelley said the residents across the street will benefit because there will be a hydrant located near their property. Newman said staff has mentioned the possibility of upsizing the line and he would like direction in the near future as to whether the line should be upsized to 12 inches for the City's benefit. Sansevere said he is still concerned about setting a bad precedent. Jabbour said the developer is paying the total cost of the line. The City- is only paying for the upsizing. Jabbour said that having a looped system is extremely important to the City. Jabbour gave Newman a copy of a letter from Kathy Johnstone. Johnstone is concerned about the size of the monuments at the entrances. Flint asked if Newman objected to putting in smaller monuments. Newman said he does not object to smaller sized monuments. He said they plan to make the entrances low key. They will not put in a median if the Council doesn't want it. The • Page 8 9 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #4) #2522 BANCOR GROUP, INC- Continued monuments will be part of the landscape plan. He can make the monuments small with a lower profile. Kelley said Greg Gappa should review the plan for traffic flow. Flint said he does not have strong feelings about the median. Newman said that as they are working with the landscape design, they might want to shift some of the lot lines to make a more direct trail system. He asked if the Council would object to this. There was no objection from the Council members. Flint said that paragraphs 8 and 10 talk about the timing of the construction of the private road. The Council had discussed the importance of the trail being built early in the project. He asked if paragraphs 8 and 10 should address the construction of the trail. Moorse said he thought there was a paragraph that indicates that the trails will be constructed before any homes are built. If not, it should be included now. Weinberger said it could be included in the Developer's Agreement. Flint asked about the width of the trail easement. He said that paragraph 16 states a 12' trail easement shall be granted in favor of the City of Orono between Lots 7 and 8, but it doesn't talk about the width of the rest of the trail. Kelley said the rest of the trail goes right into the outlot. Weinberger said the trail easement would be taken over the entire outlot and the trails be developed as shown on the preliminary plan. He said the actual trail width would be 8 feet. Flint said paragraph 19 states "Subdivider shall plant boulevard trees along the private road per the requirements of Section 11.60, Subd. 2." He asked if the boulevard trees along 6 and along Willow would be part of the landscape plan. Weinberger said that is correct and that the landscape plan that was provided had shown trees along the backs of the lots to buffer between Willow Drive, County Road 6 and the individual lots. They are required to plant a 2 -inch diameter tree every 40 feet on the boulevard after the road is completed. Flint asked if the landscape plan is adequate for that. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #4) #2522 BANCOR GROUP, INC- Continued Weinberger said staff has not received a final landscape plan at this time. He said that one of the conditions of approval is that staff approve the landscape plan prior to final plat approval. The landscape plan will be made available to the Council at the time of the final plat. Flint asked if paragraph 13 is adequate if a light becomes necessary at the intersection of the private road and Willow Drive North. Kelley said it would be up to the Police Department and Street Department. Kelley moved, Flint seconded, to approve Resolution No. 4408 Approving Preliminary Plat and a Conditional Use Permit for a Planned Residential Development for Willow View Located at the Southwest Corner of County Road 6 and Willow Drive North, PID 28 -118- 23 44 0001, File No. 2522, with the following modifications: 1. Accept City Staff s recommendation for water service. 2. Internal trails are to be constructed at the same time or prior to the construction of the homes. 3. Amend Paragraph 5, page 5 of 11, to state "when water service is required to the north and to the east." Sansevere asked if, in the future, the Council is prepared to share the cost of any water lines, because everyone is going to say they want a 4" line and the City will insist on an 8" line. Moorse said the City is not sharing the cost of the 8 -inch line that is serving the development. The City is sharing the cost of the 8 -inch line bringing water to the property line and allows the City to loop the water service. Barrett said there is an old phrase in the law that might be of comfort to Mr. Sansevere which is that in the particular facts and circumstances of this application, this was a good resolution of the problem which may or may not require a generalized application in different circumstances. Jabbour thanked the applicants for their cooperation with the City and the neighbors. VOTE: Ayes 5, Nays 0. ( 95) #2539 JOHN AND BECKI SUNDET, 684 TONKAWA ROAD - VARIANCES John Sundet, Applicant, and Cory Mishovic, Katherine Taylor Homes, were present. Weinberger presented the staff report. He said this application is for variances at 684 Tonkawa Road. He displayed a diagram showing the existing conditions on the property. The property is a Lake Minnetonka shoreland property subject to the hardcover regulations within Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #5) #2539 JOHNAND BECKI SUNDET, 684 TONKAWA ROAD- Continued the shoreland areas in Orono. There is an existing, detached garage located near Tonkawa Road. The house is essentially a one -story rambler style house. The existing house is 1,007 square feet in size. The proposal is to develop the property by adding structure around the existing house. The applicants are proposing to increase the footprint area of the residence to 2,666 square feet, which is an increase in footprint of 1,659 square feet. Weinberger said also proposed is to extend the driveway to add an attached garage to the residence. He said that one of the conditions from the Planning Commission meeting was that staff and the developer work together on some of the drainage issues on the property. There is a serious concern about water running along the driveway, straight down the foundation of the house and into the lakeshore. There are concerns about treatment of the water. Another concern is the water that comes from adjacent properties. There have been several attempts to create an engineering plan that would allow the water to pass through the property with minimal impact on adjacent residences and the development on this property and would also include a filtration system to help treat the surface runoff before it enters the lakeshore. He said that long -term maintenance of the system by the property owner is a main concern. Weinberger said that in addition to the drainage concerns, this proposal requires variances for hardcover on the lot and for additions in the average lakeshore setback. The hardcover in the 75'- 250' setback would increase to 5,841 square feet (39.26 %), where 5,201 square feet (34.96 %) • exists, and 3,710.5 square feet (25 %) is allowed. The average lakeshore setback would require a variance to allow a 34' encroachment. The proposed development would add one full story over what exists and would be located closer to the lakeshore. The proposal would be a very significant increase in structure and increase in massing along this portion of the lakeshore. This would be a larger home than the adjacent residences. Weinberger said staff recommends denial of this application based on the concerns relating to hardcover, the intent of the average lakeshore setback, and the vision of the Comprehensive Plan as to development around the lakeshore and trying to preserve a natural appearance. The Planning Commission did recommend approval of the plan. i John Sundet stated he recognizes the difficulty in developing this property. He said he understands the issues raised by the City staff and he feels he has been responsive to those issues. He was surprised to see that staff is recommending denial. He said that both of their neighbors support the project. He said they are going to eliminate 300 feet of hardcover from the 0 -75' setback and the total project will reduce hardcover to 8,300 square feet. In terms of hardship, he feels it is a hardship to park a car 200 feet from the house. He said his wife has rheumatoid arthritis and that's why they want the master bedroom on the main floor of the house. Cory Mishovic, Katherine Taylor Homes, said the house will be taller, but they are not adding another floor. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #5) #2539 JOHNAND BECKI SUNDET, 684 TONKAWA ROAD- Continued Is Sansevere asked the height of the existing house. Mishovic said part of the house would be half a flight higher than the rest of the house. The roof will go from a 5/12 pitch to a 10/12 pitch. Jabbour asked if it would be half a flight higher than the existing or the proposed. Mishovic said you would walk down from the garage into the house. Jabbour said Mr. Mishovic should talk about what presently exists. Mishovic showed the existing home and the existing roofline. Sansevere asked the height of the peak of the existing roof and what it will be after the project. Mishovic said the existing height is approximately 13 feet. Sansevere asked what the highest point will be when it is done. Mishovic said they would be adding another six feet. He said the neighbor would look over the top of the house. • Jabbour said the new house would be roughly 18 feet higher than the highest point today. Jabbour explained the stormwater management issue. Sansevere asked if the DeVeaus have seen the drainage plan. Sundet said the drainage should not impact the DeVeaus property. Jabbour asked if there has been any consideration given to moving the house closer to the road because that would eliminate the hardcover problem. Mishovic said that then it would no longer be a remodel. Jabbour asked if they are really trying to save the old part of the house. Sundet said they are saving that part of the house. He said the main floor and lower level are staying pretty much intact. They are adding a master bedroom on the left side and an attached garage in the front. 9 Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 • ( #5) #2539 JOHNAND BECKI SUNDET, 684 TONKAWA ROAD- Continued Jabbour said if they pull the house away from the 75' setback, they could still build everything they need and not ask for any additional hardcover in the 75' -250' setback. Flint said he feels this is too much height and too much footprint addition that close to the lake. Kelley said he concurred with Flint. Sansevere asked if the neighbors know the height the house would be. Sundet said they saw the plans. Mishovic explained the position of the neighbors' houses and said he does not feel the height of the house will be a problem. Peterson asked if the water flow and the drainage system will have any detrimental impact on any trees that currently exist on either side of the house or on adjacent properties. Weinberger said there are some very mature trees and there is concern that grading will occur within 10 feet of some of the trees. There is always a potential that the grading could damage the root system of the trees. Most of the trees are located on the neighbor's property. IDPeterson said she concurs with Kelley and Flint. She is concerned with the amount of mass. Sansevere said he is concerned about the height of the house, not the square feet. He does not feel 2,600 square feet is too large. Jabbour said the problem is the size of the lot in proportion to the size of the building. Kelley moved, Peterson seconded, to deny Application for Variances, #2539, John and Becki Sundet, 684 Tonkawa Road. VOTE: Ayes 4, Nays 1 ( Sansevere objected). ( #5A) SEWER ASSESSMENT /COST ALLOCATION POLICY Moorse presented the staff report. The Sewer Assessment/Cost Allocation Policy is being discussed partly in relation to the Fox Ridge Sewer Project where there was some discussion about the City financing a portion of a trunk line that could potentially serve some other properties. For neighborhoods where the extension of sewer was the only solution for existing and potential septic problems, the City set the assessment amount based on the amount of benefit to the property that could be defended against appeal. He said that in neighborhoods where the residents have requested a project, the residents pay 100% of the costs through assessments. He said it is staff's recommendation that the City's assessment policy should continue to be that • assessments are based on the benefit to the property. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #SA) SEWER ASSESSMENTICOSTALLOCA TION POLICY -Continued 0 Also, where there is not a significant threat to public health, a sewer project should only be built if the property owners believe the full per unit cost of the project is equal to the per unit benefit of the project. Peterson said she concurs with staff's recommendation regarding the City's Sewer Assessment Policy. Kelley said he concurs with part of the staff recommendation. He said he is in favor of the City funding the trunk line costs, and all properties pay the trunk costs as a connection charge when they connect to the trunk line. Jabbour said he likes the current policy. He feels the residents of Fox Hill may have been lead to believe that the City will pay $60,000 of that project, but that is not true. He suggested the Council vote on the policy as it exists and direct staff to prepare a 20 or 50 year plan identifying some very major trunk lines, not smaller lines through neighborhoods. Moorse said that when other cities do a trunk line and they identify how their city is going to develop, they know that every house that develops in their city will have sewer. In Orono, there are many properties that currently have a septic system and an alternate site, so they may never hook up to the sewer system. • Kelley said the City needs a 20 or 30 -year plan showing where the trunk lines should be located. Flint said the City is planning a lot of sewer lines that are caused by the new rules that were adopted with the 3 -foot separation. With the way the State and the County are changing the rules all the time, he doesn't know which set of rules the City should plan under. Orono's policy has been to go slow on sewers. If the City puts in some major trunk lines and has that kind of money tied up in them, the City will be changing its basic policy. Kelley said he concurs with Jabbour. He believes the State and County will get even more restrictive in the future, not less restrictive, about on -site septic. He feels that part of the City's policy should be a plan for 20 or 30 years down the road. He reviewed the areas that are now in the MUSA line. Jabbour said he just feels the Council left the citizens with the wrong impression. He said a two - inch force main is not a trunk line. Flint asked if Jabbour wants to see a plan that shows where trunk lines should be located only in the areas that the City knows will have to have sewer in the future. Jabbour said that is correct. Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 • ( #SA) SEWER ASSESSMENTICOSTALLOCA TION POLICY -Continued Kelley said there should be a preliminary plan to sewer the City of Orono. That doesn't mean the plan would have to be implemented, but the plan should exist. Gaffron said he feels it is a good idea to have a plan for the future. Peterson said she doesn't want a plan included in the policy. Kelley asked if the Fox Ridge issue should be referred to Tom Kellogg. Moorse said there are five properties on Brown Road that are nonconforming and will need sewer. There are also several properties that have new systems. He thinks it makes sense to contact those five property owners and ask them if they want to be included in the Fox Ridge sewer project. The ones that want City sewer can be included and that will reduce the cost to Fox Ridge. Jabbour requested that City staff contact the five properties, review the costs and then recontact the other residents in the project. Flint feels the current policy is unclear. • Jabbour suggested the Council have a work session to discuss sewer and septic. Jabbour moved, Peterson seconded, to adopt the Sewer Assessment /Cost Allocation Policy as stated in the staff memorandum dated January 5, 2000 and to direct staff to arrange a work session where the City Engineer, Consulting Engineer and Septic Inspector are present to discuss a trunk line plan. Flint suggested the Council also look at properties the City currently considers nonconforming. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT None ENGINEER REPORT 9 Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( * #6) REQUEST TO PURCHASE WATER MONITORING EQUIPMENT FOR • NAVARRE PLANT Flint moved, Peterson seconded, to approve the purchase of a DREL /2010 Basic Water Quality Laboratory from Hach Chemical Co. for $3,444.30. VOTE: Ayes 5, Nays 0. Flint moved, Peterson seconded, to approve a budget adjustment for the 2000 Water Fund Capital Outlay Budget to fund the purchase of a DREL /2010 Basic Water Quality Laboratory for $3,444.30. VOTE: Ayes 5, Nays 0. ( #7) REQUEST FOR SEWER - 809 BROWN ROAD NORTH Moorse presented the staff report. He said the City has received a request from the property owner at 809 North Brown Road for connection to sanitary sewer. Jabbour asked if it meets the City's guideline. Moorse said it generally meets the City's guideline, but it is now a vacant lot. It does have potential septic sites. The new Comprehensive Plan proposes a MUSA expansion for this area. With the proposed future MUSA expansion, this property will be eligible for sewer in several years. Flint said if the City grants sewer to this property, there should be an agreement that it will not be subdivided. He said the $19,380 fee seems excessive. Moorse said that the prior project was subsidized. This connection charge would be unsubsidized. Flint asked if the City would have subsidized it at the time of the North Long Lake sewer project. Moorse said at that time, the City probably would not have subsidized it because the City had not made the decision that it was going to be in the MUSA and they have potential septic sites. Flint asked why they should pay more than the people that did it then. Jabbour said because this is the policy the City has adopted. Moorse said the way the City has treated people who are adjacent to the sewer line, is that they pay the connection charge when they connect. Jabbour explained the sewer policy. Kelley said this parcel has two lots. He asked if both lots would get sewer. • Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #7) REQUEST FOR SEWER - 809 BROWN ROAD NORTH- Continued The applicant said the lots have been combined. Kelley asked what the Council will do after this property is within the MUSA line and the property owner asks to subdivide the property. Flint said there should be an agreement that the property will not be subdivided. Kelley said he does not think that deed covenant should apply once this property is included in the MUSA line. The property owner should be allowed to subdivide after it is within the MUSA line. Kelley moved, Sansevere seconded, to approve use of one sewer unit for connection of 809 North Brown Road to sanitary sewer with the property owner responsible for all costs associated with the hookup, including the connection fee for the North Long Lake sewer project, and the City Engineer plan approval required. VOTE: Ayes 5, Nays 0. ( #8) REQUEST FOR SEWER - 680 BROWN ROAD SOUTH Moorse presented the staff report. He said the City has received a request from the property owner at 680 South Brown Road for connection to sanitary sewer. This property is an existing • developed lot with a noncompliant septic system. The total estimated assessment including the grinder pump allowance would be $26,460. Kelley moved, Sansevere seconded, to approve use of one sewer unit for connection of 680 Brown Road South to sanitary sewer with the property owner assessed for the costs, to be determined by the City Engineer. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #10) DECLARATION OF LOCAL JURISDICTION RE: ISTS - RESOLUTION NO. 4409 Gaffron presented the staff report. He said that Hennepin County has adopted an Ordinance for the Regulation of Individual Sewage Treatment Systems (ISTS). The County Board requires that each municipality that will retain its own jurisdiction over ISTS must submit a formal statement to that effect prior to 1 -1 -2000. He said it is clearly the City's intent to continue local jurisdiction over ISTS. He said that On Site Systems Manager Chris Pence is currently drafting City code revisions which will be submitted to the Council for review and adoption this winter, in order that the City's ordinances address all the recent changes in State regulations. It is staff's current understanding that the City codes must be no less restrictive than State and County regulations. One potential impact is that Orono may have to require a nonconforming system 9 replacement on a three -year time frame rather than the current seven- to ten -year time frame. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #10) DECLARATION OF LOCAL JURISDICTION RE: ISTS —Continued • Kelley questioned the time frame required by the State. Gaffron said the State statute does not require a specific time frame. They expect local governments to define the time frame. The County's time frame is stricter than the City of Orono's. Kelley said that the State, when there is a nonconforming system because of the three -foot separation, has no time frame to bring that system into conformity. Jabbour said they leave it up to the City. Kelley said the City has a seven to ten year time frame, but the County now says the time limit is three years. Kelley said he does not agree with that. He suggested that the City send the County Board information on how the City of Orono reviews and inspects the septic systems and ask for a comfort letter from them saying the County doesn't have the capacity to monitor all of these situations and giving the City the power to take care of the septic problems. Jabbour asked if the County is asking whether the City will continue being the LGU on septic systems or if the City wants to default to the County. Gaffron said that is correct. is Jabbour said the City wants to keep it. Moorse said the County wants everyone to upgrade within three years and that is impossible. Jabbour said the City should not change its policy. Jabbour said the City should send a letter to the County stating that the City of Orono will continue to be the LGU, it has recently hired a septic inspector and is complying with the State regulations. Barrett said Susan Palchick, Supervisor from Hennepin County, says in her letter that she is looking forward to submission of Orono's updated ordinance to the Minnesota Pollution Control Agency. He asked what that means. Gaffron said the City's inspector is preparing revisions to the City's code that will meet the standards put out by the State recently. Barrett asked if they would conform to the Hennepin County ordinance. Gaffron said no. • Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 • ( #10) DECLARA TION OF LOCAL JURISDICTION RE. ISTS - Continued Jabbour said that Orono is presently complying with the MPCA regulations. Orono is substantially more restrictive on some of the regulations than the MPCA. Barrett asked if the City is agreeing, by this resolution, to conform its ordinance. Gaffron said this resolution is very focused. It says the City of Orono will maintain jurisdiction and it doesn't commit to any of the issues about codes. Kelley moved, Sansevere seconded, to adopt Resolution No. 4409 Declaring that the City of Orono Will Retain Jurisdiction Over Individual Sewage Treatment System Regulation, and directing staff to send a letter to Hennepin County stating the City's position. VOTE: Ayes 5, Nays 0. ( 911) ANNUAL APPOINTMENTS - RESOLUTION NO. 4410 Jabbour suggested that Flint be named Acting Mayor for the year 2000. Peterson suggested that the State Bank of Long Lake be added to the list of Official Depositories /Investment Vendors. • Peterson moved, Sansevere seconded, to approve Resolution No. 4410 Designating Selected Appointments for the Year 2000, naming Richard Flint Acting Mayor and adding the State Bank of Long Lake as an Official Depository of the City assuming they meet the statutory requirements. VOTE: Ayes 5, Nays 0. ( * #12) SELECTION OF DATE FOR 2000 LOCAL BOARD OF REVIEW MEETING Flint moved, Peterson seconded, to establish April 26, 2000 at 7:00 p.m. as the date and time for the 2000 Local Board of Review meeting. VOTE: Ayes 5, Nays 0. ( * #13) PARK COMMISSION REAPPOINTMENT Flint moved, Peterson seconded, to reappoint Sherokee Ilse to a three -year term on the Parks, Trails and Open Space Commission expiring on December 31, 2002. ( #14) ASSESSOR SERVICES CONTRACT Moorse said the City's agreement with Hennepin County for property assessment services expires on July 31, 2000. The City must make a decision by the end of February about whether the City wants to keep Hennepin County as its assessor for the next four years. Flint suggested that staff contact the prior assessor and see if he is still unwilling to serve. He thinks that person had better knowledge of lakeshore property than the County does. Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 ( #14) ASSESSOR SERVICES CONTRACT- Continued is Jabbour said that person is engaged in a new business. Jabbour does not want to make a four -year commitment to the County at this time. The County is the City's assessor by default and he instructed staff to tell the County that the City is defaulting to the County, with a contract or without a contract. ( * #15) 2000 NON -UNION PAY SCHEDULE - RESOLUTION NO. 4411 Flint moved, Peterson seconded, to adopt Resolution No. 4411 Approving Pay Plan Adjustments for Non -union City Employees for 2000. VOTE: Ayes 5, Nays 0. ( #16) RESOLUTION RECOGNIZING KURT ERICKSON'S TWENTY YEARS OF SERVICE ON THE ORONO POLICE DEPARTMENT - RESOLUTION NO. 4412 Kelley moved, Peterson seconded, approval of Resolution No. 4412 Recognizing Officer Kurt Erickson for Twenty Years of Dedicated Service. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None ( * #17) LICENSES • Flint moved, Peterson seconded, a motion to approve the following licenses: Residential Kennel License D. Brian Fulmer 3505 W. Wayzata Boulevard Tracey Morrow 3026 Casco Point Road Eric & Kristal Wilson 2683 North Shore Drive VOTE: Ayes 5, Nays 0. One Day Gambling - Resolution No. 4413 Orono PTO Mid Winter Fun Fest - Orono Middle School Saturday, February 5, 2000 Page 20 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 10, 2000 0 ( * #17) LICENSES - Continued CJ C� Flint moved, Peterson seconded, to approve Resolution No. 4413 Approving the Application of Orono PTO for a One Day Off -Site Gambling Permit. VOTE: Ayes 5, Nays 0. ( * #31) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Jabbour moved, Peterson seconded, a motion to adjourn the meeting at 10:40 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Ga iel Jabbour, M or Page 21