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HomeMy WebLinkAbout02-22-1999 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Bob Sansevere, Richard Flint, Charles Kelley, and Barbara Peterson. Representing Staff were City Attorney Thomas Barrett, City Administrator Ron Moorse, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:03 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND • Items 4, 6, 7, 10, 11, 12, 13, 20 were added to the Consent Agenda. Items 2 and 23 were removed from the Consent Agenda. Sansevere moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( #2) Regular Meeting of February 8, 1999 Flint indicated the following correction was needed on Page 7, not in favor of giving up the option of a frontage road at this time. Flint moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of February 8, 1999, as amended. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott stated the Parks Commission's goals for 1999/2000 include Spring Hill Trails, commencing work on Seven Nations Park as well as the Navarre Park, continue to pursue • possible purchase of the Eisinger property, development of an overall Park Comprehensive r ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 U Park Commission Comments, Continued Plan, and acquiring access to Saga Hill. McDermott stated the long -term goals of the Parks Commission include establishment of a committee for a Dakota Rail Trail as well as reviewing the City's subdivisions for possible inclusion of bike trails. McDermott stated the residents of Navarre have expressed a desire to have a sidewalk constructed along Highway 19 as well as expansion of the local neighborhood park. McDermott noted that currently over 400 homes are located within one mile of the present Navarre Park, and some improvements should be made to accommodate the growing number of young people in the Navarre area. McDermott suggested that a consultant be hired to review the present park situation in Navarre. Mayor Jabbour commented that he has spoken with the owner of the Eisinger property who has informed him that the owner of the Dog House was verbally told a few years ago that he would have first rights to purchase the property and that the City may need to wait until a decision is made by the owner of the Dog House on whether he wishes to purchase this property. Jabbour stated the residents in attendance at the Saturday morning meeting in Navarre expressed thoughts similar to Rick Meyer's on expansion of the local park. Jabbour noted the City is looking at possible acquisition of two parcels adjacent to the Dakota Rail. Kelley inquired whether the City of Orono is still interested in pursuing negotiations on the Eisinger property. Jabbour remarked the City will continue to keep this parcel in mind, but that other possible sites in Orono should be looked at in the meantime. PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE Commissioner Hawn stated she would be available throughout tonight's meeting to answer any questions the City Council may have concerning the different applications. PUBLIC COMMENTS James Carpenter, 4380 County Road 6, expressed concerns over the excessive speed of the vehicles traveling down County Road 6, noting that the problem has increased since the road has been improved. Mayor Jabbour directed City Administrator Moorse to notify Police Chief Cheswick about this complaint. • ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 ZONING ADMINISTRATOR'S REPORT ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III PRELIMINARY PLAT APPROVAL - RESOLUTION N0.4240 Francis Hagen, WEstwood Engineering Services, and Bill Gleason were present on behalf of Brook Park Realty. Tom Barrett, City Attorney, stated this draft resolution should be contingent upon a settlement agreement being reached between the City and the applicant. Barrett noted the time to appeal the decision by Judge Porter has not expired. Bill Gleason commented that he was not the initiator of this litigation but merely represents the owners of the property. Mayor Jabbour stated the lawsuit was initiated because the City went beyond the 60 day limit in which they are required to hear the application and the Applicant was not notified in writing of the extension. The presiding judge granted a judgment in favor of Tonka Ventures, which requires that the City approve the development application which calls for 29 townhome units where only 20 housing units are currently allowed under City Ordinance. • Jabbour commented if the City Council approves this development application, it is under protest and pursuant to court order with the City foregoing its right to appeal. Gleason commented his understanding was that the ordinance allows up to 30 housing units. Barrett stated the ordinance allows for a density credit provided that certain conditions are met, and one of the conditions is if the City Council determines that a PRD, planned residential development, is appropriate. Barrett stated to his understanding the City Council has not made that determination, and the issue before the Council tonight is whether or not an agreement can be reached on the proposed resolution. Mayor Jabbour stated this agreement in no way is intended to set a precedent and the City Council is entering into the resolution under protest. It was the consensus of the City Council that the proposed density for this site is not appropriate. Van Zomeren stated the Applicants applied in September, 1997, for preliminary plat approval of a 30 unit planned residential development. The parcel is currently zoned LR -1C -1, and consists of 9.9 acres total, 2.2 acres wet, 7.7 acres dry. The preliminary plat has been revised from 30 units to 29 units to preserve more trees. A revised landscaping plan has also been submitted which has been sent to the city's planning/landscape architect consultant for review. • At the time the application was made in 1997, the City's ordinances did allow for a ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 0 #2308 Brook Park Realty, Continued wetland credit, and the Applicant has requested that the 2.2 acres wetland be credited towards the minimum lot acreage. Van Zomeren stated public sanitary sewer is available in this area and the building units will consist of four or fewer units, with a maximum height not to exceed 30 feet. The lots must meet the required 35 percent or less hardcover, with a minimum of two parking spaces provided in each garage and additional parking provided in front of the garage. Van Zomeren remarked that the proposed site plan and resolution includes setbacks from Livingston Avenue that do not meet the City's standard requirements. The extension to Livingston Avenue will be constructed at the expense of the Applicant. The preliminary plat also includes a private road, and according to the City's subdivision ordinance for developments with over 10 units, the right -of -way should be 50 feet with a minimum paved width of 28 feet, which this proposed plat does not meet. The proposed lot configuration is an attempt to preserve as many trees as possible in this area, and the two designated wetlands are subject to Department of Natural Resources (DNR) regulations. Van Zomeren noted City Attorney Barrett is proposing some changes to the draft resolution. Mayor Jabbour expressed a concern that the resolution should include language regarding is access into this development. Barrett suggested the following language be included in the last paragraph on page five: That the City reserves the right at its own discretion to open this road. Barrett noted the subdivider must provide a financial guarantee for construction of the remainder of the public street along the dedicated right -of -way to the west property line. Van Zomeren stated the Applicant is required to submit sewer and water main designs, an internal walkway layout, a lighting plan, a signage plan, a plan for mailbox location, and a landscaping plan. The Applicant will also need to provide the appropriate drainage easements over the wetland area. Van Zomeren noted the County has requested an additional seven feet of right -of -way, which should also provide for pedestrian and bike trail access. The subdivider will also need to obtain the necessary permits from Hennepin County. Van Zomeren pointed out that the resolution contains the standard language on page seven which requires that the Applicant submit the required documents. Gleason stated he would like to discuss the need for trails. Van Zomeren commented the subdivision ordinance does make provision for trees to be 4 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 0 #2308 Brook Park Realty, Continued planted along the perimeter and a decision will need to be made by the City Council whether they wish to keep to the standard of having a tree planted every 40 feet. Van Zomeren noted that the preliminary subdivision approval would expire within one year and that a final plat must be submitted to the City for review before that one year expires. Van Zomeren noted that all fees associated with development must be paid prior to the time of final plat. Peterson inquired whether the trees could be planted closer together than 40 feet. Van Zomeren stated in a typical subdivision the trees are planted along the roadside. Kelley inquired whether some trees could be planted along the eastern boundary to act as screening. Mayor Jabbour stated the trees should be planted along the side yards rather than County Road 15 in an effort to screen the townhomes from the adjoining neighbors. • It was the consensus of the City Council to require the trees be planted along the side yards rather than along County Road 15. Van Zomeren stated the wetland restoration issue needs to be submitted to the DNR for their review and comment. Mayor Jabbour commented that in his opinion the entire wetland area should be put back to its natural condition. Barrett stated if the property is affected by adverse possession by reason of the driveway use, it is a fact question which will need to be answered. Mayor Jabbour stated City Staff utilized a survey submitted by the Applicant in order to determined wetland credit and density, and if a major section of this property has been lost by adverse possession, then the survey was not accurate. Gleason commented he is not sure if the land has been lost by adverse possession. Mayor Jabbour directed City Staff to send a letter to the Minnehaha Watershed District, DNR and Corps of Engineers stating that the City of Orono recommends that this land be converted back to its natural habitat. is Van Zomeren stated the proposed trails lie within Outlot B, and there will be a stormwater ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 #2308 Brook Park Realty, Continued management pond in the southwest corner of the development. Francis Hagen commented there are already some existing trails in the area. Gleason stated the private driveway could be handled by either creating an outlot or including a legal description with restrictive covenants. The City Council indicated a preference for an outlot. Barrett suggested the following changes' be incorporated into the resolution: Page Four, the first whereas be amended to read, Whereas, the Applicants claim the City errored and sued in District Court with respect to compliance with Minnesota Statutes 15.99, requiring action on an application within sixty (60) days unless the City extends the review period in writing; The addition of a third whereas; Whereas, the City has considered its right of appeal from the judgment of Judge Porter and will agree to waive it if an appropriate settlement of this matter can be reached. • Following the paragraph beginning with Now, Therefore, Be It Resolved, the inclusion of the following: 1. This approval is made as part of the settlement of litigation. This approval shall not take affect until and unless the Applicant enters into a binding agreement of settlement with the City on terms acceptable to the City and its attorney. Barrett stated the title of the Resolution should also be amended to read: A Resolution Granting Conditional Appeal of a Preliminary Plat. On page eight of the Resolution, Barrett recommended incorporating #8., Such other documents as may be required for platting by Minnesota Statute 515. Barrett remarked that in his opinion a settlement agreement will also need to be entered into between the Applicant and the City dismissing the underlying lawsuit. Mayor Jabbour stated the issues relating to the lawsuit could be discussed later in executive session if the City Council so desired. Jabbour moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4240, a Resolution Granting Conditional Approval of a Preliminary Plat and 29 Unit (Townhomes) Planned Residential development at 3700 -3760 Shoreline Drive for Brook Park Realty subject to the inclusion of the recommended changes by the City Attorney. VOTE: Ayes 5, Nays 0. 40 6 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 • *( #4) #2440 DALE GUSTAFSON, ON BEHALF OF RICHARD LUX, 1209 FRENCH CREEK DRIVE - VARIANCE - RESOLUTION NO. 4241 Motion by Sansevere, second by Kelley, to approve and adopt RESOLUTION NO. 4241, a Resolution Granting Variances to Permit a Pool and Associated Patio Structure Within the 150 Foot Setback of French Lake, for property located at 1209 French Creek Drive. VOTE: Ayes 5, Nays 0. ( #5) #2453 JOHN ERICSON, SR., 1620 SHADYWOOD ROAD - VARIANCES John Ericson was present. Weinberger stated the Applicant is requesting variances to permit the new construction of a 20 by 12 foot accessory building to be located 20 feet from the lakeshore of Lake Minnetonka serving as a boathouse. Variances are needed to permit a structure within 75 feet of the lakeshore and within the average lakeshore setback of adjacent residents. Variances are also needed to permit 7.8 percent hardcover in the 0 -75' lakeshore setback where 6.3 percent exists and none is allowed. Weinberger noted that the City Council in 1981 had adopted Resolution No. 1300 denying • after- the -fact variances to permit major structural repairs to a lakeside boathouse that existed on this property. Orono's City Code does not allow major repair for non - conforming structures, but they are permitted to continue until the useful life of the structure has been exhausted. The structure was removed in 1982, and this application is being treated as a new structure. The Planning Commission recommeded by a 4 to 0 vote to deny the application based on the fact that the proposed structure is inconsistent with the intent of the Comprehensive Plan for the City of Orono, the structure is new construction and no structure is allowed within the 0 -75' lakeshore setback, and the location of the boathouse would impact the view of the adjacent neighbors. Construction of this structure would also cause additional runoff into Lake Minnetonka rather than allowing the stormwater to be absorbed into the ground to filter all impurities before the water enters Lake Minnetonka. Weinberger noted that Dorie Finn, 1680 Shadywood Road, stated she is not opposed to the project. Ericson stated some members of this present City Council were on the Planning Commission at the time his boathouse was required to be removed, and at that time the Applicant had notified the Planning Commission that if an Orono resident were allowed to construct or repair a boathouse along Lake Minnetonka that he would bring in an application requesting that he be permitted to reconstruct his boathouse. Ericson stated an application requesting is ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 #2453 John Ericson, Continued • repairs to an existing boathouse was before the City Council approximately three months ago wherein the City Council approved the repairs to the structure. Ericson stated in his opinion other residents of Orono should not be permitted to make repairs to their existing boathouse if he was denied the opportunity to repair his. Mayor Jabbour stated the application that Mr. Ericson is referring to had sustained damage in a storm. The City Council has a duty to evaluate each application on its own merit, and in that situation, the City Council allowed the repairs to be made to the structure based on the fact that the structure was damaged in the storm. Ericson stated he would just like to replace what he originally had and that the City had refused to "grandfather" the structure at the time the ordinance was passed. Mayor Jabbour commented that the structure was not grandfathered due to its deteriorating condition. Sansevere stated he is not in favor of this application. Motion by Flint, second by Peterson, to deny Application #2453,1620 Shadywood • Road. VOTE: Ayes 5, Nays 0. Ericson stated he will be meeting with legal counsel regarding this issue. *( #6) #2454 GREG & MARCIA BARNUM, 150 MCCULLEY ROAD /4760 BAYSIDE ROAD - CONDITIONAL USE PERMIT - ADDRESS CHANGE - RESOLUTION NO. 4242 Motion by Sansevere, second by Kelley, to approve and adopt RESOLUTION NO. 4242 a Resolution Granting a Conditional Use Permit for Land Alteration to Grade the Subject Property located at 150 McCulley Road to Permit Installation of a Driveway. VOTE: Ayes 5, Nays 0. *( #7) #2455 ROGER & KRISTINE STRAUMAN, 123 CHEVY CHASE DRIVE - VARIANCE - RESOLUTION NO. 4243 Motion by Sansevere, second by Kelley, to approve and adopt RESOLUTION NO. 4243, a Resolution Granting a Variance to Lot Area for Property Located at 123 Chevy Chase Drive. VOTE: Ayes 5, Nays 0. 8 �J ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 ( #8) This item was removed from the agenda. ( #9) This Item Follows Item #18. *( #10) #2460 CLIFF OTTEN/KRISTIN JACQUES, 3800 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4244 Motion by Sansevere, second by Kelley, to approve and adopt RESOLUTION NO. 4244, a Resolution Granting a Conditional Use Permit to Permit a Day Care Center at 3800 Wayzata Boulevard. VOTE: Ayes 5, Nays 0. *( #11) EXTEND ADULT USE MORATORIUM - ORDINANCE 184, 2ND SERIES Motion by Sansevere, second by Kelley, to approve and adopt ORDINANCE NO. 184, 2nd Series, an Ordinance Extending an Interim Moratorium on the Granting of Building Permits, Land Subdivisions, Rezoning Applications, Conditional or Special Use Permits, Variances, or Other Authority Relating to Adult Uses in All Commercial and Industrial • Districts in the City of Orono. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT This item follows Item #9. ENGINEER REPORT *( #12) APPROVE FINAL PLANS FOR FERNDALE ROAD NORTH PROJECT Motion by Sansevere, second by Kelley, to approve plans and specifications for the North Ferndale Road Project. VOTE: Ayes 5, Nays 0. *( #13) AUTHORIZE ADVERTISEMENT FOR BIDS AND SCHEDULE ASSESSMENT HEARING FOR EDGEWOOD HILLS SANITARY SEWER PROJECT - RESOLUTION NO. 4245 Motion by Sansevere, second by Kelley, to approve and adopt RESOLUTION NO. 4245, a Resolution Approving Plans and Specifications and Ordering Advertisement for • Bids, Edgewood Hills Sanitary Sewer Project. VOTE: Ayes 5, Nays 0. 9 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 0 CITY ADMINISTRATOR'S REPORT ( #14) SAGA HILL ACCESS City Administrator Moorse stated a few years ago the City acquired a nine acre tax - forfeited parcel in the Saga Hill area, and since that time the City Council has been looking at various options to provide access to the area. Moorse indicated the Fairview Covenant Church has indicated a willingness to work with the City regarding access, which had led to several meetings between the City and Fairview Covenant Church. Moorse stated the City is considering four different options regarding access to this area, which include the following: 1. Access would be acquired along the eastern edge of the church property, which would not negatively impact the natural vegetation or environment, would have a low impact to the surrounding residential area, and is within short distance of the park. 2. Access would be acquired through the adjoining Palmer property to the east which would lessen the impact on the church property. 3. Reduce the right -of -way width from 40 feet to 30 feet and move the access drive to the • western portion of the right -of -way. 4. An option proposed by Mr. Palmer would use both the church property and the Palmer property. Moorse indicated that use of Garden Lane right -of -way has also been considered as an access option but has several disadvantages, and City Staff would prefer not to construct a driveway in that area. Moorse remarked that the area designated the Natural and Scenic Area is under a restrictive covenant through the DNR, which restricts the uses allowed on the property, and it is not clear whether a parking lot or an access drive would be permitted in that area. Mayor Jabbour gave a brief background regarding acquisition of this parcel of land by the City and the efforts the City has taken throughout the years concerning access to this parcel of land. Jabbour stated this land has been designated by the City as park land, and it is the intent of the current City Council to keep the use of this land passive. Jabbour stated the City is contributing funds towards the purchase of some additional land adjacent to this parcel, and the City will continue to work with the local residents and the 0 10 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 • ( #14) Saga Hill Access, Continued Fairview Covenant Church regarding access. The City also has the option of allowing the land to go back to the County for development by the private sector if some agreement is not reached concerning access. a Flint stated the City is trying to protect this unique piece of land by designating it as a passive park and that the whole community should have the opportunity to utilize this area. Flint indicated he is in favor of acquiring the additional property as well as pursuing access to the area. Sansevere indicated in his view the City needs to have a long -term vision concerning this piece of property, and inquired whether this property would be utilized for ballfields. Sansevere extended his gratitude to Mr. Palmer for his cooperation in this project. Peterson indicated in her view this area would only be utilized for a neighborhood ballfield and not as a formal recreational field. Flint stated his understanding was that the ballfield located on the church property would be utilized and ballfields would not be developed in this park. • Sansevere indicated he was not in favor of organized ballfields in this area and that the area should be left in its natural state for the most part. i Dwight Affeldt, Tonkaview Lane, inquired whether the access road would be paved or gravel and where parking would be situated. Mayor Jabbour stated this issue still needs to be addressed further, but in his view the access should be handicap accessible with parking located to the rear of the access. Kelley commented his vision of this area is similar to that of French Creek Preserve and that the City should attempt to preserve the natural habitat of the area. Larry Brown, Tonkaview Lane, expressed concerns about the impact the access road would have on the neighboring residential area and the lack of a long -term vision for this property. Mayor Jabbour stated it is this City Council's intent to keep the land passive, and if the land is converted to a residential development, this would have a much greater impact on the surrounding properties than the proposed park. Brown expressed concerns that the City does not know how much traffic will be utilizing this access road. 11 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 ( #14) Saga Hill Access, Continued Mayor Jabbour indicated the width of the road has not been determined at this time but will need to accommodate two cars as well as a five foot shoulder. Sara Robinsdale, 1186 Palmers Trail, stated the residents need to be assured that this area will be kept as park land. Brian Peterson, 1100 Northshore Drive, stated it was his understanding this property would become another Bederwood. This plan has since been scaled down. Also, there now is a plan for a proposed walking path from the church parking lot to the park, which would necessitate updating the church parking lot to accommodate 40 cars. Peterson stated he is in favor of access but only on a limited basis, and that he has requested the City develop a long -term vision for this area for several years. Mayor Jabbour remarked that it has never been his intent that this property become another Bederwood, nor his intent that a ballfield be constructed on this parcel, but he cannot predict what will happen in the future to this property. Kelley inquired what option Peterson preferred for access to this property. Peterson stated Option C or D. . Gail Blackstone indicated she was supportive of the City Council's position on this project. Gregg Palmer indicated he has been working with his dad regarding access to this parcel and that his dad prefers Option D. Mr. Palmer, Sr., indicated he would like to see the alley vacated. Mayor Jabbour noted if the alley is vacated, a formal public hearing would need to be held. Kathryn Kasprick, 1067 Linden Lane, expressed her gratitude to Mr. Palmer for his generous offer, which in her opinion has given the community a great sense of good -will. Kasprick commented that the access does need to provide for handicap availability, noting she is a mother of a handicapped child. Steve Bell, 3455 West Beach Road, stated his only objection to this property is the possible impact on the neighborhood this park would have, but noted that in all likelihood the impact would be less than if a residential development were allowed to occur on this property. Mayor Jabbour stated in his view additional accesses to this park will also need to be 12 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 • ( #14) Saga Hill Access, Continued considered in the future and that Garden Lane will play a major role in the access issue as more land in this area is acquired. Jabbour noted Fairview Covenent Church does not want their parking lot to be utilized by the public on a permanent basis. Pastor Poole indicated the church is not opposed to use of the parking lot on a temporary basis, and that they are not opposed to working jointly with the City in an effort to negotiate access to this parcel of land. Kelley indicated the City needs to acquire a permanent access to this property. Gregg Palmer stated the natural habitat of this land should be preserved as much as possible. Tim Olson, 4755 Tonkaview View, inquired whether the City Council's vision of this land being set aside for passive use could be recorded and documented for future City Councils. Mayor Jabbour stated the minutes will reflect the wishes and desires of this City Council, but that the public will need to keep future City Councils informed of their vision for this land. Gary Welsh commented that 2/3's of this area is under a restrictive covenant by the DNR which • restricts the use of the land considerably. Motion by Jabbour, second by Sansevere, directing City Staff to acquire access to Saga Hills as presented by Mr. Palmer, Sr., and to make the necessary funds available for the acquisition of the additional land in an amount not to exceed $48,300.00. VOTE: Ayes 5, Nays 0. (Recess taken from 9:47 p.m. to 10:02 p.m.). ( #15) REQUEST FOR SEWER EXTENSION TO ST. EDWARD'S CHURCH Gappa stated the City has received a request from St. Edward's Church on North Ferndale Road to connect to the City of Plymouth sanitary sewer system due to a noncompliant septic system because of a high water table. The area available on the lot for a new system is limited, and the high water table also makes installation of a replacement septic system difficult. Mayor Jabbour indicated that it is not the intent of the City Council to set a precedent by granting sewer connection based on the closeness to City sewer but rather on the hardship • demonstrated by the Applicant. 13 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 ( #15) Sewer Extension to St. Edward's Church, Continued) • Motion by Kelley, second by Flint, to approve the request from St. Edward's Church for connection to the City of Plymouth sanitary sewer system. VOTE: Ayes 5, Nays 0. ( #16) REQUEST FOR SEWER EXTENSION TO 465 & 485 ORONO ORCHARD ROADSOUTH Bruce Palmer, on behalf of Edward Hamm, was present. Gaffron stated the Applicant is requesting that the main house and two guest houses on the Hamm property be allowed to connect to municipal sewer, which is located near the intersection of Barrett Avenue and Dickenson Street. Gaffron noted the Hamm property has an ongoing history of septic problems dating back to the early 1980s due in part to the heavy clay soils on the site and the lack of suitable septic sites because of the hilly topography of the property. Gaffron stated some possible alternate septic sites have been identified but further testing will need to be done to see if they are in compliance with the City's six percent ground slope limit. Gaffron noted the available information does not conclusively demonstrate that alternate • sites are not available and that these options should be pursued further. Gaffron noted that Mr. Hamm is willing to assume all the costs associated with the sanitary sewer connection. Palmer stated in his view the one site that was feasible was tested last year but was found this year to have been contaminated by truck traffic removing trees after the May windstorm, which necessitated the need to find an alternate site. Palmer noted this property contains a lot of wetland and slopes, which limits their options, but they are willing to pursue other suitable sites on the property if that is the direction of the City Council. Mayor Jabbour commented that perhaps the City should review the six percent standard for septic systems. Gaffron stated with the six percent standard, the City has experienced fewer septic problems than other cities with no standard that allow mounds on steeper slopes. Palmer inquired whether this would be considered one sewer hookup or three and whether they can be hooked into one sewer line. Gaffron stated it will probably be considered as three hookups. • 14 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 0 ( #16) Sewer Extension to 465 & 485 Orono Orchard Road South, Continued Flint commented that the Applicant could agree to no more than three units on the property. Mayor Jabbour stated the Applicant needs to demonstrate that there are no other septic sites available on this site, and if hookup to City sewer is necessary, that it not be used to increase the density on this site. Mayor Jabbour directed City Staff and the Applicant to inspect Sites 2 and 3 on this site and to report back with their recommendations after the testing is completed. ( #17) Dickey Park Plans Gappa stated the Parks Commission is recommending that improvements be made to this park, which include walking trails, picnic tables, tree planting, and a parking lot. Gappa commented the Parks Commission has broken the improvements out over a three year period of time. McDermott stated an archeological study is necessary because of the possibility that the site contains Indian burial grounds. The Parks Commission is hoping to make $30,000.00 in improvements the first year, which includes signs, survey, tree planting, parking lot, and • clearing of the lot, and to make additional improvements over the following two years. Gappa noted a significant amount of tree planting is necessary for screening. McDermott remarked the neighbors have participated in the planning of this park and have requested the screening. Kelley noted the City Council has already authorized expenditure up to $48,300.00 out of the Parks Commission fund for acquisition of land next to Saga Hill. Gappa stated the City has $185,000.00 available in the park fund. McDermott commented the City will be collecting a substantial fee on the Brook Park Realty subdivision, and that the City has spent a similar amount on Antoine Park and the other parks in the community. Flint stated he would like the Parks Commission to consider planting smaller trees in an effort to reduce the cost of the tree planting and to allocate no additional funds in the second and third year for tree planting. Motion by Flint, second by Sansevere, to approve expenditure of $30,000.00 from the • Park Fund for the proposed improvements to Dickey Park with no future monies being allocated in years two and three for tree planting. VOTE: Ayes 5, Nays 0. 15 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 0 ( #17) Dickey Park Plans Flint commented that he likes the proposed name change for this park. Motion by Flint, second by Jabbour, to approve renaming of Dickey Park to Seven Nations Natural Area. VOTE: Ayes 5, Nays 0. ( #18) SCHEDULE "FRIENDS OF THE PARK" AWARD McDermott stated the Parks Commission has nominated two groups for receipt of the annual Friends of the Park Award, with the students of the Lake Minnetonka Environmental School and Antoine Park Citizens Group being nominated for their input. Mayor Jabbour questioned whether the City should hand out this award on a yearly basis. Sansevere noted that the award is to recognize people who have contributed to the good of the community. Flint stated in his view the award creates better public awareness of the parks. McDermott suggested that the City could just recognize the Adopt -A -Park volunteers this year • with a certificate of appreciation and a reception in their honor. Motion by Flint, second by Peterson, to honor the Adopt -A -Park volunteers at the April 26 City Council meeting and to waive the Friends of the Park Award for 1998. VOTE: Ayes 5, Nays 0. McDermott inquired whether the City Council would be interested in acquiring any excess land along the newly proposed Highway 12 for use as trails, scenic views, or small park areas. Flint noted that Orono's trails tend to stop at the Long Lake border and that perhaps they should be approached about trail hookup. Flint suggested that a representative from the Parks Commission attend the next Highway 12 Design Review Committee meeting to discuss this issue. McDermott stated the Parks Commission would like to obtain a study for the Navarre Park. Gappa commented he will obtain a proposal from Shardlow and present it at the next City Council meeting. 0 16 • ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 Mayor Jabbour suggested the position of chair for the Planning Commission be rotated to Elizabeth Hawn and the position of acting chair be rotated to Lili McMillan. Jabbour stated the position of chair for the Parks Commission should be reviewed in a couple of months. ( #9) #2459 CITY OF ORONO, ZONING CODE AMENDMENT - REVISIONS TO TELECOMMUNICATIONS ORDINANCE - ORDINANCE NO. 183, 2ND SERIES Gaffron stated Ordinance No. 161, 2nd Series, adopted May 27, 1997, contains two minor errors which have recently come to light and have resulted in the need to make some corrections to the ordinance. Specifically, the new accessory antenna provisions were not incorporated into the B -1 District standards after the old 'antenna structure' and 'antenna' conditional use sections were deleted from B -1; and two, personal wireless service antennas and towers were intended by Council to only be allowed on municipal structures, i.e., the two Orono water towers. Ordinance 161 intended to allow such use only in the two zoning districts in which the water towers are located, i.e., the RR -1B and LR -1C districts. Motion by Peterson, second by Sansevere, to approve and adopt ORDINANCE NO. 183, 2nd Series, an Ordinance Amending Orono Zoning Code Sections 10.25 and 10.40 and Amending Ordinance No. 161, 2nd Series Pertaining to Regulations for • Construction and Placement of Telecommunication Towers and Antennas. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour commented that the City should start utilizing the M -6 zone. Gaffron noted this district is in the code but has not been utilized in the past. Mayor Jabbour suggested that perhaps this district could be used for senior housing at the church site next to Culvers. Sansevere agreed that this zoning be pursued. Peterson indicated she was in agreement. Flint indicated he does not have an objection to pursuing this zoning. ( #19) INVESTMENT POLICY UPDATE - RESOLUTION NO. 4246 • Moorse indicated the City Council had directed Tom Kuehn, the City's finance director, to 17 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 ( #19) Investment Policy Update, Continued) i review the City's investment policy at the previous City Council meeting and Kuehn is present tonight to answer any questions the City Council may have regarding the revisions to the City's investment policy. Flint inquired whether the intent to limit investments to $100,000.00 has been included in the revised investment policy. Kuehn noted this item is included under the Instruments Section in Item No. 5. Kelley inquired why the banks and dealers need to be located in the State of Minnesota. Kuehn stated he presently only works with those financial institutions located in Minnesota, although the home office may not be located here. Kuehn indicated he limits these to Minnesota because the City's portfolio is not large enough to deal with those located in other states. Kuehn noted the City's main checking account is located at the First National Bank of the Lake in Navarre. Kelley inquired how much capital can be put in an individual institution. Kuehn stated that he limits it to 40 percent. • Kelley indicated in his opinion that percentage is too high and should be reduced. Flint indicated he was in agreement with Kelley. Kuehn stated that this percentage applies to commercial paper and perhaps does not need to be reduced, but he will revisit this issue if the City Council so desires. Flint commented in his view the City should look at reducing the amount to perhaps 25 percent. Kuehn indicated he would be more comfortable with 30 percent. Motion by Flint, second by Kelley, to approve and adopt RESOLUTION NO. 4246 a Resolution to Revise the City of Orono Investment Policy incorporating 30 percent as the maximum to be invested with a specific dealer. VOTE: Ayes 5, Nays 0. *( #20) REQUEST TO PURCHASE TELEVISION SET FOR ORONO GOLF COURSE Motion by Sansevere, second by Kelley, to approve purchase of a television set for the Orono Golf Course from Best Buy for $329.50 to be paid from the Golf Course • Fund. VOTE: Ayes 5, Nays 0. 18 - • 6 k 0 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 ( #21) SCHEDULE PUBLIC HEARING FOR HIGHWAY 12 PRELIMINARY LAYOUT Moorse indicated the City Council had discussed scheduling a public hearing on the Highway 12 project for mid March. City Council directed City Staff to schedule a public hearing on the Highway 12 Preliminary Layout for April 8 at 7:00 p.m. ( #22) EMERGENCY MANAGEMENT ORDINANCE - ORDINANCE NO. 185, 2ND SERIES Barrett stated Page 4, G and H, should be amended to read City rather than governing authority. Motion by Peterson, second by Sansevere, to approve ORDINANCE NO. 185, 2nd Series, an Ordinance Amending Orono Municipal Code Section 9.36 -Civil Emergencies: General Provisions; Section 9.37 - Director of Emergency Services; Section 9.38 - Emergency Service Workers; and Section 9.39 - Emergency Services Regulations by Adopting Regulations for Emergency Management, subject to the recommended changes by the City Attorney. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None ( #23) LICENSES Moorse indicated that Don Lindall, the owner of the property at 666 Tonkawa Road, was in violation of City Code because he was housing three dogs on his property. As part of the investigation related to the kennel license application, a history of complaints and dog impounds was discovered. Moorse recommended this license be reviewed quarterly, and if the complaints and impounds continue, to revoke the kennel license. Motion by Sansevere, second by Peterson, to approve Don Lindall's application for a kennel license at 666 Tonkawa Road with the condition that if complaints and impounds continue, the kennel license will be revoked and one of the three dogs will need to be removed from the property. VOTE: Ayes 5, Nays 0. 19 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 "( #24) BILLS • Motion by Sansevere, second by Kelley, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Motion by Flint, second by Sansevere, to adjourn the meeting at 11:49 p.m. ATTEST: '4' Linda S. Vee, City Clerk Galbriel Jabbour, Ma or w • 20