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HomeMy WebLinkAbout06-28-1999 Council Minutes0 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 ROLL 3 The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint and Bob Sansevere. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, Senior Planning Coordinator Michael Gaffron, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 6:30 p.m. ( #1) 6:30 p.m. - Presentation Regarding Potential Westonka Area Community Center Tom Reese addressed the City Council regarding the potential Westonka Area Community Center and requested that the City Council consider becoming a partner in this community center. Brad reviewed a number of facilities where different communities and organizations have joined together in developing community centers, noting that they have met with great success. Brad stated they would like to construct a new community center to accommodate the growing needs of Mound and the surrounding communities. Brad stated they would like to include additional gymnasium space, walking/running track, racquetball courts, bathing rooms, and other facilities. Brad remarked that a subcommittee has been formed to review their financing options as well, noting that this structure is estimated to cost approximately $16.2 million. Brad stated that additional work will continue to be done to build support for this project as well as the financial feasibility being further defined. Mayor Jabbour noted that the Mound - Westonka School District held a ten million dollar referendum to renovate an old building in 1998, noting that the City of Orono is no longer obligated under that referendum. Jabbour stated that approximately 40 percent of the school -age residents of Orono attend Westonka. Kelley commented that the residents of the City of Orono may be somewhat reluctant to enter into another referendum at this time, noting that they have recently passed a new school referendum which will increase the residents' taxes. Kelley suggested that Lifetime Fitness Center be contacted as a possible participant in this project. Reese stated the Lifetime is involved in the Plymouth facility and that the demographics might not be in their favor to support the Westonka Area Community Center. Reese commented in his opinion there is more than 20,000 people in the surrounding communities which could help support this center. Reese inquired whether the City of Orono would be willing to draft a letter indicating that they are Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 ( #1- Westonka Area Community Center, Continued) positive about this project. Sansevere indicated he would be willing to join the Westonka Area Community Center. Mayor Jabbour thanked the committee for their fine efforts on their project, noting that financing for this center will need to be looked at in more depth. Flint commented that approximately 7,200 people reside in Orono. Reese stated that they will need to involve a large number of the surrounding communities, which should generate approximately 30,000 to 40,000 people, in order for this center to be viable. Mayor Jabbour thanked the committee for their presentation. ( #2) 6:50 p.m. - Award Sale of General Obligation Improvement Bonds, Series 1999 - Resolution No. 4310 Carolyn Drude, Bond Consultant with Ehlers Associates, reviewed the competitive bids received for the sale of bonds in connection with the sanitary sewer projects for Shoreline/Heritage Lane, Orono Orchards, and Edgewood Hills. Drude stated that four bids have been received, with the City being able to obtain a 5.0668 interest rate. Drude noted that the City of Orono has a Aal rating. Mayor Jabbour noted that the City's last bond rate was 4.19 percent. Drude stated that in general interest rates have risen. Kelley moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4310, a Resolution Awarding the Sale of General Obligation Improvement Bonds, Series 1999, in the amount of $1,190,000, for the funding of sanitary sewer projects for Shoreline/ Heritage Lane, Orono Orchards, and Edgewood Hills. VOTE: Ayes 5, Nays 0. ( 0) 7:00 p.m. - Public Hearing - Webber Hills Sewer Project A. Order Plans and Specifications for Webber Hills Sanitary Sewer Project - Resolution No. 4311 Gappa stated that the procedure for tonight's hearing will consist of an overview by City Staff regarding the sewer project, followed by questions by City Council and City Staff. The public will then be given an opportunity to ask questions and comment on this project, followed by a vote by the City Council on whether the plans and specifications for this project should be ordered. 00 Page 2 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 ( 93 - Webber Hills Sanitary Sewer Project, Continued) Gappa reviewed a map depicting the Webber Hills area, noting that some lots are shown with only one new site, or no sites, because of the lot sizes and that the existing systems have already disturbed part of the lot. The fact that some lots may only have one available septic site is a concern in the event that the property owner encounters problems with their new mound system. To verify that conforming septic sites are available for all properties, soil borings and detailed site investigations would need to be completed for all of the properties in this project. Gappa stated on all new developments with a minimum of two acres, the City requires a primary and secondary septic site. Kelley inquired whether the well and existing septic site was taken into consideration when Gappa illustrated the available septic sites on the properties. Gappa stated that the wells and current septic sites were not taken into consideration at the time the boxes were drawn in illustrating a potential septic site. Kellogg gave an overview of the proposed system for this project, noting that the majority of the residents favor a grinder pump sewer system. The residents were opposed to a gravity sewer system with a municipal lift station due to the high costs that would be assessed to each property. • Kellogg stated that each resident would be required to purchase, install and maintain their own grinder pump for this system, with the estimated cost for a grinder pump system approximately $16,500 per unit. Gappa commented that there are 37 properties in the project area, with 26 of the properties having non - conforming septic systems, six properties having newer conforming mound systems, and two properties have older conforming trench systems, which demonstrates a need for this project. Gappa stated currently there are no systems that are actually failing. Geoffrey Jillson, 2100 Webber Hills Road, inquired whether a verbatim record of these proceedings would be created and whether he would be able to obtain a copy of the audio tape being made in connection with these proceedings. Mayor Jabbour stated that the City is not making a verbatim record of these proceedings but that Mr. Jillson is free to have his own private service create a verbatim record. Jillson indicated that arrangement would be fine. Tom Barrett, City Attorney, indicated that if Mr. Jillson wished to have a verbatim record created, he is entitled to do that. The City recorder creates minutes, which are maintained by the City, and the tape itself is not a part of the record. Peter Lythe, 2065 Webber Hi Is Road, stated he is one of the four individuals who reviewed the • gravity system and the low flow system or pressured system, and a variety of alternate septic systems, which included mound, inground, and a few others. Lythe indicated in the past he has Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 ( #3 - Webber Hills Sanitary Sewer Project, Continued) owned a waste management treatment - company and is presently involved in companies that are active in alternate waste management systems for commercial and residential. Lythe indicated during the last eight to nine months a large number of residents have been contacted regarding this proposed project and a significant amount of information has been obtained regarding different waste management treatment systems. Lythe commented he is appearing tonight on behalf of 12 other individuals who have signed proxies indicating their desire that Lythe represent them at tonight's meeting. Lythe stated that out of the 22 failing systems in this particular area as defined by City Code, the majority of those individuals would prefer to have City sewer. Some alternate systems have been reviewed, but unfortunately, at this time, have not been approved by the State of Minnesota, but do provide a less expensive approach to this problem. Lythe commented that property value should also be taken into account when a new septic system is being proposed, noting that the majority of the residents who move into the Orono area are not familiar with traditional septic systems. Mayor Jabbour requested that Mr. Lythe gear his comments towards this particular project, noting that he is quite familiar with the various septic systems that are currently available. • Lythe stated that based upon their review of the area, a mound system is probably not a viable • option for the majority of the residents due to the high maintenance and the unsightly appearance of a mound system, as well as the lack of available sites. Lythe commented that the pressure system was reviewed as well, which will help to preserve the environment and actually reduce the costs to the homeowner in the long run. Lythe stated that there are some individuals who have recently installed a mound system who have concerns that they will be pressured into converting to City sewer and bear an unreasonable financial burden. Mayor Jabbour stated that the City of Orono since 1990 has taken a non - adversarial role in providing City sewer to its residents and does not mandate that the property owner hooks up to City sewer unless their current system is failing and the property owner has no other options available. Jabbour noted that the City of Orono has a certain number of MUSA units available to its residents and that the MUSA units are in high demand. The City of Orono has taken a strong position that unless the property owner is requesting hookup to City sewer and a need is demonstrated, the City does not force the property owner to hookup to City sewer. Dave Williams, 2055 Webber Hills, commented that he installed a mound system in 1986, and sees this as a viable solution to some of the residents in this area. Williams stated he would like the mound system to remain as an option to those residents who desire to install one rather than hooking up to City sewer. Kelley stated that the City is not requesting that everyone in this area hook up to City sewer if their present system is conforming. Kelley indicated that the costs for those residents who choose not to hook up will be borne by the City until the property owner decides to hook up, at which • time the resident will pay the initial cost as well as interest. Page 4 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 ( #3 - Webber Hills Sanitary Sewer Project, Continued) Lythe stated according to his knowledge the property owner is required to hook up to City sewer at the time of sale. Kelley stated the City of Orono does not require hook up at the time of sale. Mayor Jabbour stated the City of Orono has identified a number of trouble spots and are gradually working towards providing City sewer to those areas. John Cashmore, 2075 Webber Hills, commented that this project has caused some disputes among the neighbors, noting that he is against having a mound system due to the large number of trees on his property. John Menter, Menter & Associates, stated that they have not been afforded the opportunity to review the feasibility study generated as a part of this project, noting that the residents should be informed as to the proposed system and the proposed costs to see whether the benefit to hook up to City sewer will be realized. Menter stated there also is a concern whether this system is actually needed, noting that there are no failing systems in this area. Menter inquired whether hookup to City water was considered as part of this project as well. • Mayor Jabbour commented that the costs for City sewer and water would be approximately $40,000, which is usually cost prohibitive for most property owners. Menter inquired whether the City Council would be willing to table action on this matter until the residents have been fully apprised of what the costs are and what this project will entail. Menter requested that a copy of the feasibility study be supplied. Mayor Jabbour remarked that this is merely a public hearing regarding whether plans and specifications should be ordered for this particular project, noting that the final costs have not yet been determined. An assessment hearing will be held at the time the final figures are determined. Jabbour stated that the City Engineer is estimating that the costs for each individual property owner is approximately $16,000 for the grinder system, noting that the cost for a mound system is approximately $14,000 to $15,000. Gappa stated that City Staff conducted two informational meetings regarding this project where the proposed system and estimated costs were discussed at length. Gappa commented in his view the residents are fully informed as to the project. Kelley stated in his view he feels City sewer is a benefit to the property owners. Sansevere commented in his opinion the assessment will be recouped by the property owner at the time of sale. • Mayor Jabbour reiterated that a property owner will not be forced to hook up to City sewer unless Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 • ( #3 - Webber Hills Sanitary Sewer Project, Continued) their system is failing and they have no other options available. Jillson stated in his opinion the majority of the residents do not fully understand what this system entails. Jillson requested that the cost estimates be put in writing. Mayor Jabbour remarked that the final costs for this project have not yet been determined and that the City will hold an assessment hearing, at which time the final costs will be available and will be assessed to the individual property owner. Jabbour indicated that the City will pay the costs for those property owners who elect not to hook up to City sewer. Jillson requested that the City obtain a generic bid for the grinder system and hook up. Moorse indicated that the City did obtain a generic bid for a previous project and the residents indicated that they felt like they were pushed into a specific type of grinder. Mayor Jabbour commented that in order for the City to obtain a generic bid regarding hookup, it would end up costing the property owners more money in the long run. Bill O'Meara, 2000 Webber Hills, stated he was informed by the City at the time he purchased the house that he would need to install a mound system and that the existing .system was condemned by the City. O'Meara stated in 1994, he approached the City regarding the possibility of City sewer • being expanded to this area, noting he would not have spent $10,000 on a sewer system had he known that City sewer would be expended to this area five years later. O'Meara stated the City mandated that he install a mound system at that time and that he was also required to purchase three 1,000 gallon tanks. O'Meara remarked in his view he eventually will hook up to City sewer but that he should not be forced to pay interest on the assessment since he was mandated by the City to install a mound system and that he would like to do it without a grinder and have his tanks pumped annually. Mayor Jabbour stated that City Staff would need to be involved in the decision on whether a grinder pump is necessary. Jabbour indicated that the regulations regarding septic systems have gotten stricter over the years. Kelley commented that in his view environmental issues will become more and more of a concern in the next few years and the laws will tend to become stricter. Mayor Jabbour stated that the City Council normally determines whether an area will be provided with City sewer by the number of non - conforming and failing systems in that area and not by the number of people who would like to have City sewer. Jabbour indicated that no final decision has been made by the City Council regarding whether this project should be approved. Byron Johnson, 2275 Webber Hills, indicated he was in favor of the proposed system. Lythe commented that a number of people peripheral to this area are interested in hooking up to • City sewer, and inquired whether they would have the ability to connect to City sewer. Page 6 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28, 1999 ( #3 - Webber Hills Sanitary Sewer Project, Continued) Mayor Jabbour remarked that due to the limited number of MUSA units that are available to the City, those residents more than likely would not be able to hook up to City sewer unless their system was failing. . Jillson stated that the national trend regarding septic systems is to have localized, onsite sewage treatment systems, noting that none of the systems in this area have actually failed based on MPC standards. Mayor Jabbour remarked that two systems were found to be failing according to MPC standards. Jillson commented that those systems are failing according to Orono Ordinance and not MPC standards. Mayor Jabbour commented that he has had lengthy discussions with MPC and that these systems are considered to be failing based upon MPC standards. Jillson stated that the MPC needs to comply with Minnesota Law, which requires that actual effluent be present on the surface and that there is no requirement to replace these systems. • Kelley inquired why Jillson does not elect to opt out of this project. Jillson stated that he has a right to be heard and that he is requesting that some alternative systems be explored. Jillson commented he does not have a problem with the low flow system, but would like to have the final costs on this project and the type of system be fully explained. Jillson noted that the initial estimated costs for this project were significantly higher than what is now being proposed. Mayor Jabbour stated that City Staff is fully informed on these issues and that City Staff will be authorized to get those answers and the final costs for this project. Jillson inquired whether an engineering firm could be obtained that has experience with low flow systems. Mayor Jabbour stated that he will not continue to debate with Mr. Jillson. Lester Beernink, 2110 Webber Hills, stated in his view it is extremely important for the property owners to be aware of whether they have an alternate septic site on their property. Beernink stated he is not in favor of a mound system. Mayor Jabbour commented that the City recently has had a property owner who owns 18 acres approach the City about the possibility of obtaining City sewer due to the fact that every single one of his alternate sewer sites were contaminated as a result of heavy equipment being driven over them. Jabbour reiterated that it was not his intention that this become an adversarial meeting but rather an Page 7 ORONO CITY COUNCIL MEETING • MINUTES FOR JUNE 28, 1999 ( #3 - Webber Hills Sanitary Sewer Project, Continued) opportunity for the residents to become informed as to what is being proposed. Sansevere commented that Jillson appears to have a good background in this area and that it would benefit the City and residents if he would be willing to work together on this project rather than being confrontational. Sansevere stated this is the first opportunity he has had to hear the information regarding this project. Jillson stated he did attend the public hearings conducted by City Staff, noting he does have expertise and knowledge in this field which extends that of City Staff. Jillson remarked that in his opinion City Staff had already predetermined what type of system would be utilized and that his comments for the most part fell on deaf ears. Sansevere stated that the City would like to work together with the local residents. Julie Wiens, 2170 Shevlin Drive, inquired whether the grinder system is indeed a long -term solution to this problem. Mayor Jabbour stated that the grinder system is the system that is utilized from the residence to the City sewer and that the grinder is in reality a pump and is replaced at a nominal cost. • Wiens inquired how long this proposed system is guaranteed to function. Jabbour stated the system should work indefinitely, but that the pump will need to be replaced periodically. Kellogg stated depending on the manufacturer, the pump will last anywhere from five to 12 years, and would need to be replaced at a cost of approximately $500. Mayor Jabbour stated that if the electricity goes out and the residence is not hooked up to a grinder system, there is no way for the sewage to get to the City sewer. Jabbour stated that most people prefer the gravity system. Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4311, a Resolution Ordering the Preparation of Plans and Specifications for the Webber Hills Sanitary Sewer Project with Project Construction and Bonding to be Completed in the Year 2000. VOTE: Ayes 5, Nays 0. (Recess taken from 8:37 - 8:47 p.m.) CONSENT AGENDA ( #4) Approve /Amend 0 Flint moved, Sansevere seconded, to amend tonight's agenda to include 14A, Orono Orchards Sanitary Sewer Change Order #1. VOTE: Ayes 5, Nays 0. Page 8 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28, 1999 Items 6, 8, 10, 12, 13, 14, 14A, 15, and 16 were added to the Consent Agenda. Kelley moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *( #5) Regular Council Meeting of June 14,1999 Kelley moved, Sansevere seconded, to approve the minutes of the Regular City Council meeting of June 14, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Sherokee Ilse, Representative Ilse thanked the members of the City Council for attending the Park Tour on June 5, 1999. CONSENT AGENDA • Gail Briner requested that her application be removed from the consent agenda. Kelley moved, Peterson seconded, to remove Application #2497, Gail Briner,1760 Shadywood Road, from the consent agenda. VOTE: Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative Lili McMillan reviewed the LMCD's Year 2000 budget and levy, noting that the City of Orono's share of the levy for the year 2000 is $32,998.54, which is a 24.7 percent increase over the 1999 levy. McMillan stated the main reason for the increase is that in 1999, the LMCD expended $15,000 of the Administrative Fund reserves and $30,000 of Exotics Management Fund reserves to reduce the levy. For the year 2000, the LMCD will not be expending any of its Administrative Fund reserve and only $10,000 of reserves will be expended from the Exotics Management Fund. McMillan remarked that this budget has been approved by the LMCD, noting that she did vote in favor of the proposed budget. McMillan commented that $15,000 has been budgeted for a boat density study and a user attitude survey, and that milfoil management is a major expense. McMillan remarked that presently there are not a lot of options available for milfoil management and that the LMCD is looking at the option of introducing weevils to the lake as one means of controlling the milfoil. Kelley inquired whether there was a downside to utilizing weevils. • McMillan stated that to her knowledge there is not a downside to the weevils, and that the DNR is introducing weevils on a small scale. McMillan stated that this option has shown good Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 • (Lake Minnetonka Conservation District, Continued) results. McMillan commented that one reason why the budget and levy cannot be reduced is that the LMCD is required to keep 12 months of reserves in its budget. Mayor Jabbour stated that the LMCD should be more supportive of environmental issues. McMillan noted that a public hearing has been scheduled for July 14 to discuss a proposed change to an ordinance for the LMCD relating to boat storage, density and multiple dock facilities on Lake Minnetonka. Mayor Jabbour stated that currently the ordinance allows for one boat for every 50 feet of shoreline, with the proposed amendment changing that to one boat for every 100 feet of shoreline. Jabbour indicated he is supportive of efforts to reduce the density of boats on the lake, but that this ordinance is discriminatory and is site oriented. McMillan commented that more discussion should be held on this issue. McMillan stated in her opinion a significant number of people might be in favor of this amendment in order to reduce the number of boats stored on the lake. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative • Smith stated she had no comment at this time but would be available to answer any questions the City Council may have. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *( #6) #2372 BARRY & JANIECE HAGLUND, 4590 NORTH ARM DRIVE WEST - FINAL PLAT APPROVAL - RESOLUTION NO. 4312 Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4312, a Resolution Approving the Plat of North Arm Overlook. VOTE: Ayes 5, Nays 0. ( #7) #2439 SERVICE 800, 2190 WAYZATA BOULEVARD - REQUEST FOR ACCESS REVISION Gaffron stated that there is a question over what MnDOT will approve for an intersection, noting 0 Page 10 ORONO CITY COUNCIL MEETING • MINUTES FOR JUNE 28, 1999 ( #2439 Service 800, Continued) that MnDot is strongly discouraging the eastbound left -turn into the site, with the permit being issued to Service 800 only, and any future use by Otten or.conversion to a City road would require a new MnDOT permit. Otten has indicated he would like a more full- service intersection. Often applied to MnDOT for reconveyance of the Brimhall triangle property in April, and has applied for an access permit on behalf of Service 800. MnDOT has indicated that they will agree to issue a permit for an access that incorporates all possible turning movements except for a left -turn out (eastbound from the site). MnDOT has expressed concerns regarding safety if an eastbound left -turn is allowed into the site. City Staff believes the best solution to the access issues in this area of Highway 12 is a frontage road, noting that the City Council has advocated limiting access to Highway 12 in Maple Plain through a frontage road system. City Staff is recommending that the eastbound left -turn lane be constructed and that left - turn -in movements be allowed by MnDOT. Tom O'Keefe, MnDOT, stated that a three- legged intersection would allow for two lanes of traffic in each direction, has five conflict points where vehicle paths cross and where an accident is likely. With a four - legged intersection, with left turns being allowed out of each leg of the intersection, there is a total of 16 conflict points. The accident rate for a four - legged intersection is higher than that of a three - legged intersection. If a left turn in is allowed and not • out, which would not allow for through movement through the intersection, it would eliminate eight conflict points. O'Keefe indicated that MnDOT is paying more attention to preserving the safety and efficiency of intersections by limiting access. Kelley inquired whether Hennepin County would take over maintenance of this road once the Highway 12 project was completed. O'Keefe indicated that Hennepin County would maintain this road, noting that the County also has the same basic policy of limiting access onto Highway 12 and limiting intersections to no closer than one -half mile. Often. commented that in his view MnDOT is discriminating, biased and prejudiced, noting that the City of Long Lake currently has three full intersections and that MnDOT is not supportive of one full intersection in the City of Orono on Highway 12. Often stated in his opinion this should be a full intersection and that MnDOT should bear the costs of construction of the intersection. Otten stated he currently only has two right -ins. O'Keefe stated it is within MnDOTs authority to close an intersection. Sansevere inquired why there was such a long delay in responding to this application. • O'Keefe remarked that he is unsure why this application was not handled sooner, noting that a different department would handle this request. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28, 1999 • ( #2439 Service 800, Continued) Jean Mork - Bredeson, stated that one major issue is the expense of constructing this median that Service 800 is being requested to bear. One option is to allow a left -turn in rather than simply right -in and right -out. Mork - Bredeson stated that most of her staff travel east to west and live north of the site and that a right - in/right -out would be safer for her employees. Mayor Jabbour stated that had the City Council known this intersection would only be a right -in/ right -out, they would not have voted in favor of this access. Jabbour remarked that the City would like to provide an access for Otten and other City residents by having this become a full intersection. Mork - Bredeson stated that Service 800 is ready to occupy the building once the access issue is resolved. Kelley stated in his view this should be a full intersection, and if MnDOT refuses, this Council's view would be reflected in the minutes for future City Councils. Sansevere stated he supports full access. Flint commented that the City does not need a full intersection at this point but that perhaps this could be reviewed in three to four years. Often stated that additional costs would be incurred to reconstruct the intersection, noting that the • design is proposing to construct concrete curbs to prohibit the left -turns. Otten suggested that signs be posted prohibiting a left turn rather than the concrete curbs being constructed. O'Keefe stated MnDOT would not post a sign due to safety concerns. Mayor Jabbour stated he supports a full intersection and that MnDOT should be more supportive rather than designing an intersection that is difficult to change in the future. O'Keefe stated that the construction costs would not differ much between the two intersections, and that MnDOT's primary concern is safety. Peterson commented that the motorists are already being forced to make a number of U -turns. along Highway 12 to access certain businesses. Jabbour moved, Peterson seconded, reaffirming the City of Orono's position that a full intersection should be constructed at Brimhall Avenue and Highway 12. VOTE: Ayes 5, Nays 0. Mork - Bredeson stated she understands the City Council's motion, but at present she is left without an access to her property. O'Keefe stated in his opinion MnDOT will not approve a full intersection at this location and • Page 12 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 ( #2439 Service 800, Continued) that a right- in/right -out intersection is being proposed. Kelley stated that MnDOT will need to notify Orono of their final decision regarding this intersection, but that the City is in favor of a full intersection at this location. Kelley remarked that should MnDOT refuse to construct a full intersection, then he would be supportive of a right -in/ right -out intersection to allow Service 800 access to their property. Mayor Jabbour encouraged MnDOT to consider a full intersection at this location. O'Keefe stated that MnDOT is proposing the safest intersection for this location. Mork - Bredeson stated she would like to have a left - in/right - in/right -out intersection and that full access could be negotiated in the future, which would allow her to construct her driveway. Sansevere inquired whether MnDOT would consider a full intersection. O'Keefe stated that MnDOT may consider that request if the City's position is adamant in that regard. • Jabbour moved, Peterson seconded, to request MnDOT provide a left turn lane and a right -in /right -out intersection until the City of Orono negotiates a full intersection at Brimhall Avenue and Highway 12, with full access to the Otten property. O'Keefe stated that if Otten should change the use of his property, that would require a new permit. Sansevere inquired how the full intersection into MPFC was approved by MnDOT. O'Keefe stated that that intersection was improved without a permit being issued by MnDOT and that MnDOT is pursuing possible closure of that intersection. Kelley inquired whether the Mayor's first motion still stands in light of the second motion. Mayor Jabbour replied yes. VOTE: Ayes 5, Nays 0 *( #8) #2474 SUSAN WILSON, 325 BROWN ROAD SOUTH/2510 ABINGDON WAY, LOT LINE REARRANGEMENT - RESOLUTION NO. 4313 Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4313, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located • at 325 Brown Road South and 2150 Abingdon Way. VOTE: Ayes 5, Nays 0. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 • ( #9) #2477 GEORGE W. STICKNEY, 250/340 OLD CRYSTAL BAY ROAD SOUTH - PRELBENARY PLAT APPROVAL - RESOLUTION NO. 4314 George Stickney, Applicant, was present, along with Mark Gronberg, Surveyor. Gaffron stated that most of the issues have been resolved regarding this application, noting that less area credit is being given concerning the wetland area and that easements will need to be obtained. As a result of that, the proposed road is being shifted somewhat, noting that the road does not meet the 275' radius for a 30 mile an hour road, but City Staff feels a variance for the two radii of the private road at 200' and 225' is not a major issue. Gaffron stated the developer shall grant drainage and utility easements five feet wide along all interior lot lines and ten feet wide along all right -of -ways and along perimeter lot lines. A final grading, drainage and erosion control plan must be reviewed and approved by the City Engineer prior to final plat approval.. The developer is proposing to construct a stormwater pond on Lot 5 to provide for stormwater detention and treatment. The City Engineer has recommended reducing the size of the outlet pipe located under the Luce Line Trail, which will reduce the rate of stormwater downstream but will increase the temporary high water level of the wetland during storm events. The Applicant is also proposing to raise the elevation of the horse trail portion of the Luce Line located just north of the main trail, which may involve filling a small portion of designated wetland within the plat and within the Luce Line Trail. City Staff feels this issue can be worked out. City Staff is recommending approval of the preliminary plat. Gaffron noted that a letter has been received from Suzann Willhite of the DNR regarding this development. Stickney indicated that they have worked very hard with City Staff to resolve most of these issues. Mark Gronberg indicated he has no comment. Willhite stated the DNR has several concerns regarding the preliminary grading and drainage plan. Willhite stated the culvert will need to be replaced by the developer, with the DNR continuing to own and maintain all culverts on state property. Gronberg stated there will be a homeowners association and that they will assume responsibility of the stormwater pond. Willhite stated the DNR would like the agreement for the maintenance of the drainage structures be between the DNR and the City of Orono, even if the City of Orono requires the homeowners association to maintain the structure. The DNR also requires inspection authority on the drainage structures and horse trail treadway construction. Mayor Jabbour indicated that the City will not be responsible for maintaining the culvert and the trail. Gaffron stated the City's policy generally has been that the homeowners association assumes Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28, 1999 ( #2477 George Stickney, Continued) responsibility for maintenance of the culvert. Willhite stated the DNR would like the City to be the contact person but not the responsible party for maintaining this culvert. Willhite commented that the drainage affects a larger area than just this development. Mayor Jabbour stated the City will be the contact person but will not assume the responsibility for maintenance of the culvert. Kelley suggested that the motion requires that the homeowners association includes in their bylaws that they have sole responsibility for maintenance of this pond and culvert. Gronberg stated the Luce Line Trail is the responsibility of the DNR. Gaffron inquired who will be paying the expense of the culvert. Gronberg indicated that Stickney will assume that cost. Flint noted that the Park Commission has recommended that that Applicant dedicate additional • land to move the existing bike trail further from Old Crystal Bay Road. Gaffron stated that fact is listed in the resolution and could be added as a condition of approval in the resolution. Peterson moved, Flint seconded, to approve and adopt RESOLUTION NO. 4314, a Resolution Granting Preliminary Approval of a Class III Subdivision Located at 250 and 340 Old Crystal Bay Road South, with the understanding that the homeowners association will modify their agreement to include maintenance of the culvert located under the Luce Line. VOTE: Ayes 5, Nays 0. ( #10) 02497 GAIL S. BRINER,1760 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. 4315 Briner stated she was unaware that she is required to remove the plastic from all rock beds on the property, and to remove the plastic and rock from the area under the deck, and requested that the City Council reconsider that condition due to the water drainage problems she has experienced in the past in her basement. Mayor Jabbour stated that is a normal condition that the City requires, noting that it is against City Code to have plastic underlayment. Briner stated the plastic has been in place for over 15 years. • Mayor Jabbour stated that the regulation regarding plastic underlayment has been in existence for Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28, 1999 ( #2497 Gail Briner, Continued) almost 23 years. Gaffron stated the hardcover ordinance went into effect in 1975 and has evolved over the years, noting that in the 1980s, the City Council declared that fabric and plastic underlayment should be considered as hardcover and should be removed. Sansevere inquired whether this could be grandfathered in. Gaffon stated that whenever an application is submitted and the Applicant is over the limit on hardcover, they are requested to remove the plastic underlayment as a condition of approval in an effort to reduce hardcover. Sandra Smith, Planning Commission Representative, stated this item was discussed at the Planning Commission meeting in an effort to reduce overall hardcover on the property. Briner stated the plastic was originally put down to prevent water from coming into her basement, noting that some excavation and minor grading has been done around the foundation in an effort to control the water drainage problems. Briner inquired whether the rock also needs to be removed around the house. U Mayor Jabbour stated it is the City's position every time an application is submitted to try to make • the property as conforming as possible. Gaffron stated the Planning Commission recommended that all plastic and rock from under the deck be removed, noting that the rock around the house can remain, provided the plastic is removed. Gaffron stated the issue regarding water drainage problems was not discussed at the Planning Commission level. Mayor Jabbour inquired whether the City Council should vote on this application tonight. Briner indicated yes. Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4315, a Resolution Granting Variances to Permit Construction of a Deck and to Allow Hardcover in the 0 -75' Lakeshore Setback Area, for property located at 1760 Shadywood Road. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT This item follows the Engineer Report. ENGINEER REPORT • Page 16 ORONO CITY COUNCIL MEETING • MINUTES FOR JUNE 28, 1999 ( #11) MOONEY LAKE OUTLET Gappa stated the City was requested last year to petition the MCWD to complete a feasibility study for this project. The feasibility study has been completed by Bonestroo Engineers. Because the lake does not have an outlet, there is a concern about rising water levels in the lake. High water elevations have been causing damage to trees, yards and landscaping. Approximately 200 trees are in danger at this time. Gappa indicated the feasibility study has identified four options, with City Staff preferring Option 1. Option 1 includes a pumping station on Dayton's property with piping south and east to the County Road 6/North Ferndale Road intersection. A connection would then be made to the new storm sewer system in North Ferndale Road. This system drains into Hadley Lake, then south through Wayzata. Gappa stated the recommendation is that the lake elevation be allowed to fluctuate between 987 and 988. It is estimated that beginning at elevation 988 pumping would be necessary every three to five years. To reduce downstream impacts, the pumping rate would only be one cubic foot per second and would be limited to off peak conditions. At one cubic foot per second, after 60 to 70 days of pump operation, the lake elevation would be lowered by one foot. Gappa stated the other options identified in the feasibility study are not feasible. The main consideration for this option is that this project has only local benefits or larger watershed district • system benefits and does not have any water quality benefits for other water bodies within the district. 9 Kellogg stated this issue has been incorporated into the construction of Ferndale Road. Gappa stated an agreement will need to be worked out as to when pumping will commence and stop. Dayton indicated he has been regularly losing trees and that this hopefully will help save the tree line along the lakeshore. Dayton indicated he is willing to accommodate this project. Gappa stated funding for this project also needs to be worked out, with one option being to assess the costs. City Staff feels if it is assessed, the assessment should be assessed to all of the properties in the drainage area. Peterson moved, Kelley seconded, directing City Staff to notify the Minnehaha Creek Watershed District that the City of Orono would like to proceed with Option 1 as outlined in the feasibility study completed by Bonestroo & Associates. VOTE: Ayes 5, Nays 0. Kelley indicated he would like the MCWD to do the annual maintenance on this project. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28, 1999 . MAYOR/COUNCIL REPORT Mayor Jabbour suggested the City change its attitude regarding hiring, and possibly changing (Mayor /Council Report, Continued) the budget to retain City employees, noting that the City has lost a number of employees recently due to a lower pay scale. Mayor Jabbour inquired what the City is currently paying for the county assessor. Moorse stated that they are anticipating approximately $94,000 in assessor fees for next year. Flint commented that in his view the county assessor does not understand Lakeshore property. Kelley stated the overall tax system should be changed in St. Paul. Mayor Jabbour stated the City needs to review the pay structure for its employees. Sansevere inquired whether a counter -offer could be made to the employee considering leaving employment. Moorse indicated that Staff is conducting a salary survey, and will have the information • available as part of the budget process. Gappa stated in his opinion the residents in the Webber Hills area have been adequately informed about the sewer project. Mayor Jabbour requested that the City Administrator respond to the concerns expressed in the letter received from Edmund Rydell regarding the old sewer property on Orono Orchard Road located in Long Lake. Sansevere expressed his thanks to Megan Vee for setting up a City web site. Kelley recommended the City create a listing of the homeowners associations in the City, as well as a contact person and copies of all covenants and agreements on file that pertain to that development. *( #12) SPRING HILL GOLF COURSE TRAIL AGREEMENT Kelley moved, Sansevere seconded, to approve the Spring Hill Golf Course Trail Agreement subject to review and approval by the City Attorney. VOTE: Ayes 5, Nays 0. Page 18 ORONO CITY COUNCIL MEETING • MINUTES FOR JUNE 28,1999 *( #13) NO PARKING COUNTY ROAD 19 NARROWS BRIDGE - RESOLUTION NO. 4316 Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4316, a Resolution Requesting that Hennepin County Install "No Parking" Signs on County Road 19, North of the Lake Minnetonka Narrows Bridge. VOTE: Ayes 5, Nays 0. *( #14) PURCHASE OF WATER FROM SPRING PARK FOR NAVARRE WATER PLANT REHABILITATION Kelley moved, Sansevere seconded, to approve payment of invoice from the City of Spring Park in the amount of $74,523.07, for purchase of water during the Navarre Water Treatment Plant Rehabilitation Project, with payment to be made from the Water Operating Fund, Line Item 601 - 49400 -387, with a budget adjustment completed to reflect this expenditure. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *( #15) BELL SOUTH ANTENNA APPROVAL • Kelley moved, Sansevere seconded, to approve the installation of a whip antenna for paging services on the City's Navarre water tower by Bell South, subject to working out a lease agreement acceptable to the City and Bell South. VOTE: Ayes 5, Nays 0. *( #16) RESIGNATION OF BRUCE VANG, BUILDING INSPECTOR Kelley moved, Sansevere seconded, to accept the resignation of Bruce Vang from his position as Building Inspector, effective June 14,1999. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Tom Barrett had nothing to report. *( #17) LICENSES Kelley moved, Sansevere seconded, to approve the following licenses: Spring Hill Golf Course - Cigarette License Timothy Ivory 725 Sixth Avenue North VOTE: Ayes 5, Nays 0. • Page 19 ORONO CITY COUNCIL MEETING • MINUTES FOR JUNE 28, 1999 *( #18) BILLS Kelley moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Sansevere moved, Kelley seconded, to adjourn the meeting at 11:03 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Gabri Jabbour, Mayor Linda S. Vee, City Clerk • 0 Page 20