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HomeMy WebLinkAbout03-09-1998 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR MARCH 911998 0 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planning Intern Brad Bressler, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #I) CONSENT AGENDA Items #12 and 17 were added to the Consent Agenda. Kelley moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * 92) REGULAR MEETING OF FEBRUARY 23, 1998 Kelley moved, Peterson seconded, to approve the Minutes of the Regular City Council • Meeting of February 23, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commission Chair McDermott reported that Amelia Kroeger was presented with the Friend of the Parks Award at their last meeting. Kroeger would like to see a recycling program started at Bederwood Park. McDermott said the OBA has requested to amend their contract regarding use of Bederwood for baseball to allow one extra night of play for the intermediate, or 13 year old, level. This would affect 28 Orono students if all played baseball. 40 i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NIARCH 9, 1998 ( 0) MARCH FOR PARKS PROPOSAL • McDermott distributed samples of the pledge form, which will be used for this event. Park Commissioner Ilse has investigated the national program, which involves obtaining pledges for walking or biking to raise funds for parks. The event is tentatively scheduled for Sunday, April 26, from 10:00 a.m. to 3:00 p.m. of the Mound, Log Orono and Minnetrista will also be involved. The funds will be raised Park Commission is recommending the funds be used for a short court basketball at Antoine Park or for landscaping of parks. McDermott indicated that a possible matching of funds using park dedication funds was discussed as well. He asked for the Council's support and assistance with this event. He noted that remote parking with shuttles may occur to Bederwood from the school and city office areas due to limited parking at Bederwood Park. Walkers will walk from the park towards Long Lake. Bikers will bike from the park towards Minnetrista. Kelley noted there are only about 20 parking spaces at Bederwood. Jabbour commented that the area by McCulley Road could be used as an alternate site. Gappa felt that site would be too muddy. Flint said he supported the activity but was also concerned with parking. Kelley suggested the option of using the Orono School's parking lot, and using the Old Crystal Bay Road trail from the school and city offices, where the bikers and walkers can • travel to the Luce Line and split off from there. He noted that it would be impossible to shuttle the bikers if need be. Jabbour suggested McDermott speak with school district representatives. Sherokee Ilse will be the contact person for the City of Orono. Flint moved, Goetten seconded, to approve the Park Commission's proposal for a March for Parks event. Staff will present Council with a proclamation at the next Council meeting. Vote: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission Chair Sandra Smith had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (Agenda item #4 was moved to later in the agenda due to the absence of the applicant.) MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 • ( #5) #2323 TIM NELSON ON BEHALF OF DAVID POMIJE, 3120 NORTH SHORE DRIVE - VARIANCES Goetten moved, Peterson seconded, to table Application #2323 at the request of the applicant. Kelley asked how long the Council should continue tabling the application. Moorse referenced the memo from City Planner Van Zomeren noting the need to obtain an agreement from the applicant for an extension of the 60 day period. Barrett suggested passing a motion for denial if the agreement for an extension is not received. He indicated that a majority of the 60 day period has passed. Barrett said Staff can determine if the applicant agrees to tabling the application and revisit it at the next meeting. Jabbour moved, Peterson seconded, to table Application #2323 upon receipt in writing of an agreement granting an additional 60 day time period. If the agreement is not received, the motion will revert to a denial of the application. Peterson noted the conflicting application numbers between the packet information and the referenced memorandum. Moorse said he would correct the error. Kelley asked how much time would be allowed to receive the extension from the • applicant. Jabbour amended the motion, Peterson seconded the amendment to the motion, that the agreement for a 60 day extension of the application process be received by the end of the business day on Wednesday, March 11, for tabling of the application or the application will be denied. Vote: Ayes 5, Nays 0. ( #6) #2326 ORONO DEVELOPMENT, LLC, 2380 SHADYWOOD ROAD - COMMERCIAL SITE PLAN REVIEW AND VARIANCES - RESOLUTION NO. 4043 Tom Dillon and John O'Sullivan were present. Gaffron reported that the application was presented to the Council at their February 23 meeting, where the commercial site plan was approved on a 3:1 vote. Staff was directed to draft a resolution for approval with findings for hardcover and front yard parking setback variances. The resolution includes 17 conditions on the development. Gaffron said there were some items still needing to be resolved, including the formal vacation of Navarre Lane before development commences and calculations regarding the number of sewer units to be charged prior to issuance of the building permit. Gaffron said the general issues have been addressed. L, MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1993 AM - 0.376 nrnnn Develnnment - C°nntimied) • Dillon indicated that he has received a copy of the resolution and was satisfied with its contents. Kelley moved, Goetten seconded, to approve Resolution No. 4043. Vote: Ayes 4, Nays 1, Peterson. ( #7) #2327 ORONO DEVELOPMENT, LLC - B -5 ORDINANCE AMENDMENT Gaffron reported that the code amendment is in conjunction with the previous application but is a separate item. The applicants have requested that the B -5 district standards be amended to included coffee and bagel shops as conditional uses. The B -5 district has not previously included any restaurant uses. Council has directed staff to draft an ordinance for such an amendment. Gaffron met with applicants regarding the possible conditions for such uses as listed on page one of the memo, #14. Gaffron indicated that the reasoning behind limiting the percentage of gross floor area of an individual building was to eliminate the possibility of the use being conducted in a free standing building. Gaffron reported that the discussions resulted in staff concluding that the City's goals could be accomplished through the following conditions: 1) The use shall not exceed 50% of the building area. This would eliminate the possibility of a free - standing • restaurant and concerns surrounding its potential for reuse as another type of restaurant not allowed by code; 2) the coffee or bagel store shall not exceed 2,000 s.f in gross floor area or 4000 s.f for the combined coffee/bagel use; and 3) the use must meet parking requirements for the total site. An ordinance is included in the information packet. The ordinance makes such use a conditional use, which must be reviewed and approved by Council each time the use is requested. Gaffron noted that the B -5 district is limited in area, while pointing the specific areas out on a map, and recommended approval. Jabbour asked if these uses were appropriate to all the B -5 district in Orono. Gaffron said he did not believe the use would present any problems in these areas that abut residential and noted that further conditions could be placed on the use as well. Jabbour said it was important that no precedent is being set. He does not believe the code should be changed to accommodate one application. He did note, however, that times have changed and the list of allowed uses needs revision. Gaffron said he has noted that the code standards for each business district should be updated to fit today's needs. It was noted that the amendment is not specific to the applicant's property, and he will have to apply for a conditional use permit at the time a specific user is identified. Jabbour asked the applicant if this was what was understood. He added that an applicant cannot apply for a use that does not exist. Dillon said he had not understood it in this manner but would do what is necessary. 0 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELL) ON MARCH 9, 1998 • ( 97 - 92327 Orono Development Ordinance Amendment - Continued) Kelley commented that some bagel shops are actually restaurants. He asked if this use could be allowed in the B -5 district. Gaffron said, while the bagel use will include some sit -down seating, it is not specifically defined as a Class I or II restaurant. Jabbour said his concern would be that the use would grow into something that does not fit their understanding. Gaflron said the placement of conditions can control that from occurring. Kelley noted that many of the bagel shops include full menus, while others only sell bagels. He would like to see a clear definition of what is being considered. He asked Council to consider how intense the use should be. Jabbour said if the Council feels the sit -down use is appropriate, it should not be confused with a full- fledged restaurant, which he views differently. Gaffron said his vision for this use is a 2000 -4000 s.f shop similar to a Caribou Coffee. He said the Council should revisit the issue if they are not comfortable with it as presented. Jabbour said he was supportive of the requested uses with a limited space allotment. He noted that these restrictions are sometimes pushed to their limits and sees the need to document the Council's intent for amending the code. Gaffron commented that there was a relatively strong possibility that someone could make an application that would stretch the limits of the amendment. He questioned where the City will draw the line when a slightly different type of use is requested. Jabbour supported applicant's right to request an amendment but would like to see controls in place that limit the use. Goetten agreed with Jabbour. Peterson questioned whether the use could be confined to only the coffee and bagel use. Jabbour felt the size of the establishment would limit the use. Goetten asked if more detail is required. Kelley said he would support the use with no seating. He felt adding seating would change the use. Goetten countered that coffee shops usually having some seating. Kelley asked if the use should be in the B -1 district. Jabbour said a full- fledged restaurant could be built in that district. Gaffron concurred that the B -1 allows for both Class I and II restaurants. Jabbour felt if the use was a conditional use as proposed with documentation and history behind the amendment, the City would have more protection from misuse. Kelley said he would agree with Goetten regarding the need for some seating but would like the seating limited in number. Goetten felt this request was reasonable. Peterson agreed. Gaffi-on noted when considering the square footage limitation and the likelihood that half of the space would be for a work station, there would typically be about a 30'x30' section available for seating for an individual bagel or coffee use. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #7 - 42327 Orono Development Ordinance Amendment - Continued) • Peterson asked if there was adequate parking to support this use. Gaffron indicated that only two more spaces than for a retail store would be required for the use at the applicant's property, which is met by his proposed site plan. Kelley asked if the resolution as drafted would limit the conditional use for seating purposes. Gaffron indicated it did not, and recommended a limitation be placed on seating at this time. Barrett agreed. Gaffron said he was not sure what number of seating should apply. Jabbour informed the applicant to limit the use to distinguish it from the B -1 district uses and market it as such. Leisel Cox, owner of a coffee shop on CoRd 15, asked the Council to consider traffic. She indicated that she has one customer every minute. Jabbour noted that the ingress /egress was better on CoRd 19 than on CoRd 15. Dillon said he had not contemplated the amount of seating. He noted that he had requested outside seating be allowed as well. Jabbour suggested tabling the application to further review the issue of seating. Kelley suggested polling coffee shops to see how much seating is necessary. He did not feel it • should be incumbent upon the applicant to provide these figures. Kelley asked that Staff determine the number of seats for inside and outside seating. Jabbour asked the applicant to submit any seating plans they may have to Staff. Jabbour polled the Council for their support of the amendment to allow the coffee and bagel shop use. All Council supported adding the use. Council agreed to have Staff review seating and make a recommendation. Flint said he was unclear what a bagel or coffee shop would include. He asked if such a shop would sell orange juice and muffins. Gaffron said this has not been discussed. He noted that most listed uses in the B -5 do not go into such detail. He did feel that some definitions were necessary. Gaffron said he would speak with other cities and users. Dillon said he thought similar shops have coolers from which they sell bottled water, juice, and pop, and may have muffins as well. The primary focus would be on bagels. Jabbour noted that the two uses are compatible and sometimes overlap. Gaffron indicated that the code presents a problem with not setting very detailed performance standards for each district or use. He felt the potential problems that have been noted suggest a need for setting such standards. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 0 ( 97 - #2327 Orono Development Ordinance Amendment - Continued) Flint said he did not object to the use but only wanted some clarification. He does not believe everything can be listed but some guidelines are necessary for whatever is being envisioned. Jabbour reviewed for Staff that the Council supports the change to the ordinance and find bagel and coffee shops appropriate uses. The use could include cold and warm drinks and a variety of muffins. The Council would like to see some limitations placed on the use to limit expansion. Inside and outside seating will also require review. Goetten asked about a portable use. Barrett responded that the shop would still most likely have a kitchen. He suggested Council consider whether food can be prepared to order. Barrett suggested the possibility of adding another restaurant class, III, to limit it. Jabbour suggested Staff review the matter with Barrett. Goetten moved, Peterson seconded, to table Application #2327. Vote: Ayes 5, Nays 0. O'Sullivan asked about the time frame of the review and whether the entire B -5 use list would be reviewed. He noted that cellular phone sales was not included on the list and was a possible tenant. Jabbour informed O'Sullivan that the Council has other priority items that will take precedence before a full review is done of the business districts. He • said the City would like to do a comprehensive review. Gaffron concurred that the need to review such matters is necessary, but it will not happen in the near future. Jabbour informed O'Sullivan that he can apply for any use, but approval would be dependent upon the Council and their viewpoint. Gaffron said if the use was a similar use, an applicant can appeal for a finding of similarity; if not similar, an applicant would have to ask to amend the code. Jabbour noted that any use needs to fit in with the vision of the B -5. • ( #8) #2326 BRUCE NEWTON, 3580 FREDERICK STREET - AFTER -THE- FACT VARIANCES - RESOLUTION NO. 4044 The Applicant was present. Bressler distributed pictures of the property. The application is a request for an after -the- fact rear setback variance for a deck replacement that was illegally rebuilt. The Planning Commission recommended unanimous approval of the variance. As a condition of the approval, the applicant has agreed to provide a roadway and utility easement for the portion of the roadway crossing the property and the area 5' behind the curb as no legally described easement has been recorded. Bressler reported that this portion of the road has been used by the City for many years, and the easement will clarify its use. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #8 - #2326 Bruce Newton - Continued) n LJ Mr. Newton said the deck has been in place for 23 years, and he just replaced it. He reported having read the resolution and is satisfied with it. It was noted that the one year stipulation for using the variance would not apply in this case as the deck replacement has already occurred. Barrett asked that the decision to grant the easement should be be a condition of the approval. He suggested this be removed, and the applicant asked separately if he would allow the easement to be granted over the portion of the property in question. The applicant agreed. Jabbour moved, Goetten seconded, to approve Resolution No. 4044 for a rear setback variance. The motion does not include the easement as noted above. Vote: Ayes 5, Nays 0. Jabbour asked the applicant if he would grant the easement for the road. The applicant agreed to do so. ( #9) #2338 GRANT WENKSTERN/LAKEVIEW GOLF, 405 NORTH ARM DRIVE - CONDITIONAL USE PERMIT AND VARIANCE - RESOLUTION NO. 4045 The Applicant was present. Gaffron reported that the application is for the next phase of the master plan for the Lakeview Golf Course. The plan calls for grading for two projects. The first is to expand the tees and creation of a pond for hole #18 near the northeasterly side of the golf course. The second is an expansion of tees and creation of a pond near the center of the course between the 4th green and 5th tee. 1 his expansion would include grading within 26' of a wetland requiring a variance in addition to the conditional use permit for grading in excess of 500 cubic yards. There will be no significant impact to the wetlands. The City Engineer has asked for culvert invert elevation readings to ensure that the culverts will handle the runoff. The fill will be balanced on site. Gaffron said Staff recommends approval of the application. Jabbour asked if the pond acreage being created is bankable. Gaffron said this has not been investigated. He acknowledged that potential banking of wetland credits is a topic that needs to be resolved. He suggested reviewing with City Attorney. Kelley noted that Wenkstern has done a beautiful job with the golf course. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 7, 1770 • ( #9 - #2338 Grant Wenkstern/Lakeview Golf - Continued) Peterson asked Kellogg to respond to the reference in the City Engineer's letter regarding a 10:1 bench, now shown at 3: 1. She asked if this was an appropriate change. Kellogg indicated that a 10:1 bench establishes an aquatic buffer as a safety factor but is not desirable on a golf course. He did not believe this was a big issue and would support the 3:1 bench. Gaffron concurred. Peterson moved, Flint seconded, to adopt Resolution No. 4045 granting a variance and conditional use permit to Lakeview Golf Course for land alterations involving expansion of the 5th and 18th tees and creation of two ponds. Vote: Ayes 5, Nays 0. (The motion had been amended as it originally only included the variance without the CUP.) ( #10) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY PLAT The Applicant was present. Gaffron reported that the application is for preliminary plat review of the 1.9 acre parcel proposed for three building sites. The property had been subdivided in the past as part of a larger subdivision and now consists of three lots which were legally combined. The property is located in the 1/2 acre zoning district, and the lots meet that requirement. The Planning Commission reviewed the application both as a sketch plan and preliminary plat. The main issue for discussion is access. A 3 -lot subdivision typically calls for a private road. This was originally proposed as a backlot configuration. The Planning Commission and Staff have concluded that a 50' corridor should be established for a road to potentially connect Birch Lane to Tonkawa. The Long Lake Fire Chief was present at the Planning Commission meeting and noted the difficulty with access for emergency vehicles when road systems are minimized. He cited a recent problem gaining access to a fire in a home. Staff recommended bringing a road to at least the west end of the property with a cul -de- sac. The applicant proposed a road that ends with a T that would be functional for the fire department to use as a turnaround. This is the fire department's least desired option; they would prefer a through road and cul -de -sac. The neighbors, however, find a number of problems with having a connecting road. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #10 - 92339 James Render - Continued) • Gaffron indicated that Staff is today in receipt of a stormwater plan, but it has not yet been reviewed by Staff. Gaffron said he would recommend that the application be tabled after discussion of the proposal. Staff recommended a private road be platted with an underlying easement to the City. Gaffron asked Council to consider whether the 42' in width for the outlot added to the 8' of adjacent easement will satisfy the 50' corridor. It will have to be confirmed by the City Attorney that the city has roadway rights over the 8'. The Council is asked to determine whether the corridor should serve as a link to connect Birch Lane to Tonkawa. Gaffron indicated that the applicant has asked for a 17' credit towards hardcover if he gives more than 25' for the road as he would lose area that could be considered in the hardcover calculations. Gaffron said Staff reluctantly supports that request. He noted that larger homes could be built if there were only two lots instead of three. One lot includes the existing house but the garage is located over the proposed lot line requiring further review. Gaffron reviewed the issues for discussion #1 through #5 as noted on page 4 of the memo. Mr. Render said he would like to create three lots with similar size homes to the neighborhood with about 4000 s.f of hardcover. Render said he is not in favor of the • cul -de -sac option due to the public landing nearby. He agreed with the need for good planning indicating a possible need to connect Birch Lane to Tonkawa in the future. He reiterated his request for a hardcover variance to offset the property given for a road easement. Render said the only other issue of concern is the requirement for a NURP pond. He said the proposed pond has been pulled back on the property to protect two large oak trees. He feels the rate of flow can be handled without requiring a NURP pond. He suggested the possibility of making a cash contribution to the Watershed for mitigation. Jabbour informed the applicant that the City of Orono requires that all mitigation be on site. He would not support any cash contributions in lieu of ponding on site. Jabbour said, while he is not an advocate of the cul -de -sac requirement in the code, a cul- de -sac cannot be selectively chosen. Jabbour felt it is best to look at the issue comprehensively. He felt it would be better not to have a cul -de -sac if the concerns of the fire department could be addressed. He felt the road should be 28' wide. Gaffron said he is obligated to defend the code. He suggested the code be amended if the Council is not comfortable with it as written. Jabbour said he is also concerned with violating the Comprehensive Plan by having a private road in an urban area. 0 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 • ( #10 - #2339 James Render - Continued) Kelley disagreed with Jabbour. He felt it was appropriate to have a cul -de -sac with a 28' wide road. Kelley said the lots will be restricted in hardcover and no parking will be available for these homes with a small narrow driveway. A 28' road with cul -de -sac would enable more cars to park and enable fire trucks to better access the properties if need be. Kelley noted that roads also become narrower in the winter months with snow storage. Jabbour did not support giving credit for hardcover for the road easement as it would set a precedent. Goetten agreed. Jabbour asked if the NURP pond was considered hardcover. Gaffron said it was not allowable towards the defined lot area, but he noted hardcover credit has normally been given for wetlands in the past, and logic would support giving hardcover credit for a pond as it is similar to wetlands. Goetten is concerned with having a snowball effect with a 28' road, cul -de -sac, and a future connection of Birch Lane to Tonkawa. She feels the connection is not necessary and would impact the neighbors. She felt the connection road would be used by drivers to by -pass major roads even if it is a private road. She reiterated she would not support • giving credit for hardcover for the road easement. Goetten felt a large cul -de -sac for three lots was more than necessary. She felt the T would be sufficient if it adequately provided for the fire department needs. Goetten indicated she also supports the need for the NURP pond. Jabbour polled the Council. He noted that if the cul -de -sac was eliminated, a reason would have to be established as the code calls for the cul -de -sac. He noted this has been a concern in other small subdivisions in the last few years. Gaffron indicated that there are many rural 3 -lot subdivisions with cut -de -sacs. Gaffron cited examples of where cul- de -sacs were and were not used. Goetten indicated that the need for cul -de -sacs has been reviewed case by case. Jabbour indicated that if the Council agrees with a hammerhead style, they would then be agreeing that it is a suitable substitute. Moorse noted that the requirement for a cul -de -sac is to enable a fire truck to turnaround. He said that with smaller lots trucks do not have to go as far into the property, and this can be used as a reason for a T versus a cul -de -sac. He noted the fire chief indicated that a T is adequate but not as easy for the trucks to maneuver. Moorse suggested reviewing the length of the road may be a consideration on whether a cul -de- sac should be required. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #10 - #2339 James Render - Continued) • Gaffron clarified for Goetten that there is an easement for the sewer as well as an access easement. Kelley indicated that fires where no hydrants are available are fought by setting up a swimming type pool. Tankers bring the water to the pool where it is dumped into it and pumped out by pumpers to extinguish the fire. This allows for a continual stream of water and requires a tremendous amount of room. Kelley said if a hammerhead is considered, the Council must also consider how fires are fought. He noted that the Council is charged with protecting the citizens' health, safety, and welfare. Goetten said she would support the hammerhead if no credit is allowed for hardcover. Jabbour said he agreed with Moorse regarding considering the proximity of the homes to the road. He indicated that fire equipment could be set up along Tonkawa to serve these homes. He also agreed with Kelley. Jabbour felt the road should be private. Dan Regan, 3410 North Shore Drive, reported having a problem with the fire department technology requiring large vehicles when the environment is full of small lots. He felt fire equipment should be geared to the size of the properties they are protecting. He asked why the lake was not being used in fighting fires. He suggested the fire department determine in advance how they would gain access to properties in the city. He felt it • would be ridiculous to require a 28' road for three properties. He said the three lots are marginal at best and do not fit in with the community. Jabbour reported that there are four fire departments that work within the City. He indicated that the issue of large and small trucks has been discussed in the past. Jabbour noted that milfoil presents a problem with clogging up equipment when lake water is used. In response to Regan's comment about marginal lots, Jabbour said the applicant would not receive credit for the road easement towards hardcover. Jabbour noted that time was given for public input at the Planning Commission review. Ken Carlson, 3498 North Shore Drive, reported that Birch Lane is only 20' wide and considered an alley. He noted that some of the garages are close to the road. With the concern expressed with fire equipment gaining access to properties, Carlson questioned whether the properties in this area are currently protected. He suggested a suction box be used in order to use lake water. He questioned why there is a fire lane nearby if the lake is not used to fight fires. 0 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 • ( #10 - #2339 James Render - Continued) Carlson indicated that the low portion of Birch Lane is in a flood plain. He asked how far the flood plain extends. Jabbour suggested Carlson discuss the issue with staff. He noted that the Watershed District was redefining the flood plain, and this is a concern for the Comprehensive Plan update. Jabbour informed Carlson that the Council will be discussing stormwater at their work session. Carlson asked that an answer be given regarding the possible connection of Birch Lane as it will affect many homes. Mr. Lindner, 3440 North Shore Drive, reported that there are 4 homes served on his 10' driveway. He noted that the fire chief had indicated at the Planning Commission meeting that a fire truck must be within 500' of a pool to serve a property. Lindner said all of the homes located in the back of the area can be served from CoRd 51 so questioned why access needs to be provided elsewhere for the equipment. He felt a 28' road was not aesthetically pleasing, noting there are smaller roads in the City. Lindner said he has experienced problems with having the Maxwell Bay access nearby. He felt the road would add to that problem, and he would be further affected if the road was connected. Lindner noted there is no room for children to play in front of the homes and the road would eliminate the ability for the children to play in the rear of the homes. • Lindner reported that his home is 1500 s.f and others were about 2000 -2500 s.f. He questioned how the proposed 4000 s.f homes would fit in to the neighborhood. Render responded that the 4000 s.f includes all hardcover, including driveway. Lindner said he would like to see the property divided into two lots only and asked that no variances be allowed. Ed Engler, 3450 Birch Lane, reported that Birch Lane ends at his garage. He noted the large amount of traffic due to the public launch, the public access, and nearby marinas resulting in no shelter from trattic for many of the neighbors. if the road was connected, it would increase this problem. He felt the road connection would be dangerous and create an unhealthy situation. Debra Robertson, 3440 North Shore Drive, said the 10' driveway has served the four homes for over 30 years with no problems. It baffled her to think that a 28' road was required to serve three homes. Robertson reported that Birch Lane did run through the property 80 years ago and a trade for access to Crystal Bay was made for CoRd 51. The road connection would result in their losing their access to North Arm, and the properties would be surrounded by three roads causing increased traffic. Jabbour reported that the reason a 28' road was recommended was due to the vision of it becoming a public road in the future. He said the Council is obligated to recommend access that would accommodate fire trucks. Jabbour said the council is aware that the area is congested and is attempting to control it as much as possible. He said it is not the Council's vision to surround homes with roads. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #10 - #2339 James Render - Continued) • Mark Gronberg commented that the hammerhead is an approved fire truck turnaround in many cities. He noted that the uniform fire code calls for a 20' road. He also referenced the close proximity to Tonkawa. Gronberg added that the three lot subdivision would be in keeping with the neighborhood. Goetten asked if Jabbour did not visualize the street going through, what width he felt the road should be and whether private or public. Jabbour responded that this is the best time to obtain an underlying easement. He asked the Council whether the City needs the easement and how wide it should be and how long the road should be. Peterson said she agreed with Kelley that the Council is to provide for the health, safety, and welfare of its community but noted that qualify of life is also important. She felt a narrower road was appropriate for the neighborhood. Jabbour said he agreed with Moorse in questioning if the intent of the code can be met without having to build a major road while providing fire protection for the homes. He does not feel the welfare of the people would be placed in jeopardy but questioned where the new residents will park. Kelley commented that the first three homes access on CoRd 51 and that is the logical . place for access for all of the homes. Council members agreed. He noted that if all of the homes were being plotted today, all six lots could access from a 28' easement at the rear, but he understands that this is not possible. Jabbour concurred that the Council must work with what is there. Render suggested an alternative of a 25' road easement on the property at this time. In the future if more roadway is needed, easements can be acquired from other properties. Jabbour agreed. Gattron was asked to verify that there is 16' of easement now and the 17' additional feet would equal the 25'. Gaffron said he would have to confirm with City Attorney Barrett that the 8' easement could be used for a road. Gronberg indicated that information indicated it was a road easement and not a driveway easement. Jabbour asked Council if the easement is necessary. Kelley said the minimum amount of easement should be 33'. Flint said he also favored the 33' easement but did not support the road going through. Peterson and Goetten agreed. Goetten said she assumed this did not include any credit for hardcover. Jabbour confirmed that it did not. He noted the applicant would also be required to mitigate on site for ponding. 0 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 • ( #10 - #2339 James Render - Continued) Jabbour reiterated that the plan should include a 25' easement for a total of 33'. There would be no hardcover credit for the road, and the applicant would have 16' for a driveway. A hammerhead style turnaround would be acceptable with parking at the end of it. Kelley said he would not support any proposal without a cul -de -sac and 28' road. Peterson asked what size cul -de -sac would be required. Gaffron said it would normally require an 80' paved surface to provide the necessary benefits. Jabbour suggested all properties likely would be served from Tonkawa for fire emergencies and the hammerhead would provide the needed parking space for the residences. Jabbour reiterated the outlot would be 25' plus 8' for a total of 33' for the easement. The road would be 16' wide with a hammerhead. No variances would be allowed for lot area, lot width, setback, or hardcover. Jabbour questioned whether credit would be given in area for the ponding. Gaffron indicated that the pond area could be credited towards hardcover in the 75' -250' setback. The credit would not be for lot area, which has been done in sewered areas only with wetlands. Gaffron indicated that the pond would only affect the one lot in which it will be placed. Gronberg noted that the attempt was to accommodate the neighborhood drainage but suggested the pond may be built to only • treat these 3 lots. Gaffron indicated that the City Attorney has suggested if there was any variances that a 60 -day extension be requested after the initial 60 -day period. Jabbour asked if any variances were anticipated. Gaffron said a road width variance would be necessary. Render was asked for approval of the 60 day extension. Render asked if all of the 60 days were necessary. He was informed that it would probably not take the entire time period. Render indicated the property is to close on May 1 but would give approval for the extension. Barrett indicated that consent is only necessary when the City goes beyond the 60 day time period. Kelley asked for clarification on the road easements. He was informed that there was 8' on the south side as part of the 33'. With the additional 17' to the 8' on both sides, the total would be 33'. Jabbour said the 8' easement requires verification. Kelley suggested that it be stipulated in the resolution that no hardcover variance would be allowed. Gaffron said a statement of intent could be included. Kelley asked that this be done. Jabbour agreed that the City should take a more aggressive stand on this issue. Harold Gillette, 3470 North Shore Drive, said he has lived in the neighborhood for 50 years. He voiced concern for the children if the road were to go through to Tonkawa. Jabbour informed him that this Council felt strongly that the road should not go through at this time. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #10 - #2339 James Render - Continued) • Mr. Carlson asked if the Council can add language stipulating that the road will not go through in the future. Jabbour informed him that this Council cannot bind future Councils but indicated that the minutes will reflect the Council's desires. Mrs. Robertson asked if all of the neighbors were contacted regarding the application. Jabbour said any review of the road will not occur without the neighbors being contacted. Mr. Regan asked about the pond. He was informed that the pond acreage will not count against the hardcover but only applies to the one lot unless the pond is built as part of two lots. Gronberg noted that the pond is bigger due to the runoff from Tonkawa. Gaffron recommended the application be tabled for preliminary plat review noting the conceptual direction given. Jabbour moved, Goetten seconded, to table Application #2339. Vote: Ayes 5, Nays 0. (A short recess was held.) ( #4) #2317 KHASROW DAIVARI, 1082 LOMA LINDA AVENUE - AFTER -THE- FACT VARIANCES Jabbour moved, Goetten seconded, to obtain an extension of the time period for review • of the application. If the extension is not granted by the applicant by the end of the business day on March 11, 1998, the application will be denied. Vote: Ayes 5, Nays 0. Staff was asked to explain to the applicant that State Statute mandates the extension be provided. ( #11) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD NORTH - PRELIMINARY PLAT The Applicant was present. Gaffron reported that the application is for preliminary plat approval of the 17.5 acre Carpenter property. The sketch plan included 8 lots. The plan has since been revised to 7 lots. The property is located outside of the MUSA boundary and will require septic and well. A 700' road with cul -de -sac is being proposed. Gaffron reviewed the house locations. The 7 lots will be served by a private road. The 7th lot will have a driveway that is an extension of the private road. This has been approved by the County. The existing residence on Lot 1 will remain and will meet all setbacks. Lots 1 and 2 are technically through lots. Lot width variances are required for Lots 2 and 3 as they do not meet the 200' width requirement at the 50' setback. 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 • ( 411 - #2341 Daniel J. Anderson - Continued) The proposed radius of the road is requested at 125'. The 275' radius requirement would impact the property's topography, lot layout, and septic sites. Gaffron noted that Lots 4, 5, and 6 are riparian lots meeting the required setbacks but will require average lakeshore setback variances. The property is affected by the bluff impact zone. Grading is being proposed for a walk- out building pad for Lot 6. Gaffron reported that no grading is allowed in the bluff impact zone. The Planning Commission has asked for a 15' easement for a trail along the eastern boundary of the property. The Planning Commission has asked to keep options open regarding the trail location along Old Crystal Bay Road. It is currently proposed for the east side of the road. If the trail were to be placed along the boundary of the subject property, there are a couple of locations where the septic sites would be encroached. Gaffron indicated that the Planning Commission has requested a tree, woodland, and vegetation preservation easement be placed on the property, especially in the bluff area. The applicant has expressed his desire to maintain the naturalness of the lakeshore area. The concern is with future property owners wanting a view corridor to the lake. A draft • ordinance is included in the packet for an easement. Gafiron indicated that Hennepin County has asked for an additional 7' of right -of -way. The Comprehensive Plan stipulates that a scenic parkway only requires 66' of right -of- way, and Staff recommended that no additional right -of -way be required. The current right -of -way is 66'. Gaffron reported that no stormwater ponding has been proposed. Conceptual direction should include the stormwater pond and address the drainage issues noted by the City Engineer. Gaffron indicated that if the layout is changed, the Council may want to send the application back to the Planning Commission for further review. He said the preliminary plat should be revised to eliminate any grading of the bluff impact zone. Gaffron noted that final septic designs are needed. The testing has taken place. Gaffron felt there were suitable sites for septic and may include some trench systems. Gaffron reported that an extension up to 120 days is a result of the request for a lot width variance. Jabbour questioned how the application got this far in the process without any mention of a stormwater pond. Gaffron indicated that the applicant has known all along that stormwater ponding was part of the review process. Jabbour asked that Staff send a letter to the Watershed District notifying them that the City of Orono will not allow cash contributions towards ponding but mitigation must take place on site. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( 911 - #2341 Daniel J. Anderson - Continued) is Daniel Anderson indicated to the Council that if the property is walked, they would note that the land teepees up to where the existing residence is located. He said he reviewed the topography with the Watershed District and asked for their opinion. From the preliminary discussions, Anderson felt it would be somewhat of no use to have a pond. He noted that the foliage by the lakeshore catches runoff from entering the lake. Jabbour asked Anderson how he has addressed street runoff Anderson said a concrete gutter will border the road with catch basins. The water will then run under Old Crystal Bay Road to the swamp. Jabbour said the intent of the City is not to divert water across Old Crystal Bay Road but keep runoff on the property. Gaffron noted that the City has the authority to require stormwater ponding. Jabbour reiterated his disfavor with cash contributions to the Watershed. Anderson said his plans were made from feedback received from his engineers. All Council members agreed on the need for stormwater management on the property. Jabbour informed Anderson that he will need to develop stormwater management plans. Goetten inquired of the lot sizes. Anderson said the lots are a minimum of 2 acres, some are larger. Goetten asked for clarification on what the property included. Jabbour noted that misinformation was given to Mr. Dayton regarding neighbors who are • landlocked and want dock privileges. Jabbour said these properties can have two boats but be licensed to anyone. He would like Mr. Dayton to be informed of this information. The substantial vegetation of the lagoon was noted. It was emphasized that this vegetation cannot be harvested. Gaffron responded that while the LMCD may feel one way about docks, City code says that dock space cannot be provided to anyone but the occupant of the property except in the B2 zoning. Gaffron said he would argue that the City has in place through the code the right to limit dockage. Anderson asked if a dock can be part of a homeowners association. Gaffron said that would require a joint use license, which does not allow dockage for lots that do not abut the lake. Kelley asked if an association dock can be done through a PRD. Gaffron said under the Shoreland Ordinance, the amount of shoreline would determine the docks. The shoreline amount would be divided by 200' to determine what number of docks would be allowed. He noted that this has only been done at Landmark Drive. 0 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998. . ( #11 - #2341 Daniel J. Anderson - Continued) Kelley said he is in favor of maintaining the vegetation to the extent that the City design the access of the individual homes on Lots 5 and 6 for obtaining access down to the lake. He would like to see the bluff impact zone roped off. Goetten noted an example of where vegetation has been cut down entirely by a resident. Jabbour indicated that erosion of 2' per year has been encountered in areas where clear cutting has occurred. Anderson said he believed the property owners have the right to get to the lakeshore but agreed that this issue requires monitoring. Jabbour asked what agency gets involved with dredging. Gaffron said the DNR, Corp of Engineers, and Watershed District are notified. He indicated the City has little say in matters of historic dredging. Jabbour asked if the City had the power to locate docks. Gaffron said there are no standards in the code but the City has the ability through an easement to limit cutting through trees. Barrett said the City has the power to do as Jabbour noted but may not have done so in the past. He indicated the City has the right to control the land to the shoreline and the dock must touch the shoreline. Anderson noted that there is 60' of • wetlands on Lot 6 requiring the dock to be placed closer to Lot 5. Goetten was informed by Flint that if the trail easement was taken on the property and the trail not developed on that side of the road, the City could not go back and ask for a cash contribution to park dedication. Flint reported that the Park Commission has reviewed the trail extensively for location on the east side to an area north of the Luce Line. The trail south of the Luce Line is difficult due to houses being so close to the road. Goetten said she thought the trail location has already been reviewed and determined. Park Commission Chair Andrew McDermott reported that the trail was reviewed recently on the site. He indicated there are problem areas on both sides of the road. It was already agreed that the trail would be located on the east side with a dedicated trail except for one piece of property on the southwest corner across from French Creek where the regional park can be accessed. There are difficult topographical areas for grading on the west side of the road requiring major retaining walls. McDermott noted where the trail location and crossing was being considered. Jabbour questioned why the road crossing does not occur where the site lines are best. Anderson indicated that cars drive fast around the road where it corners and would be an unsafe area for the trail to cross. Jabbour suggested the trail crossing be at the stop sign. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 (#11 - #2341 Daniel J. Anderson - Continued) The question of using County land was discussed. Jabbour noted that the County land had restrictions placed on it. The specific restrictions were unknown. Kelley suggested the trail crossing occur at Fox Street. There would then only be four properties that are of concern past that point, all of which have homes that are located back on the lots from the road. On the east side of Old Crystal Bay Road, Kelley indicated there were alot of homes close to the road that would have to be dealt with. He felt a four way stop would happen in the near future at Fox Street. Kelley indicated that with the school bus traffic and the southern portion of Orono traveling to the schools and accelerating speeds, the stop sign is inevitable. McDermott suggested the road not be crossed. Kelley said it must be crossed at some point. Flint agreed with the location for crossing as noted by Kelley. McDermott indicated that the costs associated with the retaining walls and vegetation would be high. Jabbour said consideration also has to be given to the difficulty in having an off -trail shoulder with the wetlands in the area. 0 Bridget Hust of Minneapolis, whose parents live at 820 Old Crystal Bay Road, noted there are restrictions on the County land in Noerenberg Park. She said her parents property is a problem with its close proximity to the road. She felt there would be a • problem with acquiring an easement from the property with the pond. She questioned why the trail should be located on the east side if the developer was willing to grant an easement on their property and the neighbors desired the trail to be on the west side as well. She felt her parents property has historic value and the trail would destroy it and affect the qualify of life with the additional noise. Hust asked that the Council not force her parents to have to move. Jabbour clarified for Hust that the Council has not made the decision on the trail location and it would be irresponsible for the City not to keep their options open. Goetten noted that open discussion is part of the process and needs to be allowed to happen. Yves Roux, who lives on the southeast corner of Fox Street and Old Crystal Bay Road, said he has lived in the home for 10 years. He said representatives of Hennepin Parks have said that the extension of the bike path south of the Luce Line is a secondary consideration. He does not believe there is a need for a scenic bike route and considers the current bike path to be an aberration. He believes the trails are not in keeping with the rural character of the City. Roux felt the City was becoming a roadway of fences and had no concern for the watershed. Roux said trees would also be affected by the trail. He would like to see detailed plans of the trail before it is built. Rue said he would not allow any trees to be cut on his property or allow any easement to be granted. 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 0 ( #11 - 92341 Daniel J. Anderson - Continued) • Roux indicated that bikers do not use the bike path. Rue does not allow his children to use the trail and considers it a fancy whim of the City. He does not believe Noerenberg Park is a destination for children or bikers. Rue feels the thoroughfare invites additional traffic. Jabbour explained that the road is considered a scenic road. The City's priority is for smaller roads, not larger roads. Gaffron elaborated that the Comprehensive Plan labels roads for consideration as a scenic parkway to eliminate them from becoming freeways. Jabbour reported that the City took a proactive approach to CoRd 6 with a bike path. There are locations where the bike path is an extension of the road. It is not the desire of the City to have trails in everyone's yards. Flint said engineering will also determine trail location as well as acquisition of easements. Flint suggested the Engineer review where the right -of -way is located and the possible trail locations for engineering problems and utilities, which are located on the west side of the road north of Fox Street. It was noted that moving utility poles is an expensive venture. Rich Wysocki, 2770 Rainy Road, said his property abuts Old Crystal Bay Road on the east side. He felt consideration should be given to the fact that the builder is in favor of donating land for a trail and location of wetlands and old timbers. Hust added that alot of retaining walls would be required on both sides of the road for trails. Jabbour asked if the Park Commission's recommendation contradicted that of the Planning Commission. Gaffron explained that the Planning Commission felt the City should keep their options open by taking an easement when it can and determining the location at a later date. Jabbour said he would agree with Flint that an easement should not be taken if it is not necessary. He also informed the audience that the Council does not easily condemn any property. Hust countered that her neighbor, Mr. Ellis, had land taken in the past. Jabbour indicated that the condemnation was a resulting of sewering. Flint said he was aware of the problems for a trail on the Hust property. He noted both sides of the road include problem areas. He felt the City has to make the best decision for the public. Jabbour asked whether the four neighbors on the west side have been contacted to discuss the trail. They have not been contacted. Anderson noted that if the trail easement was taken on the property, an alternate drainage site on Lot 2 would be affected. He suggested a solution of allowing an 8% slope. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #11 - #2341 Daniel J. Anderson - Continued) Jabbour clarified that the Council does not support taking additional right -of -way. Stormwater ponding must occur on the site. He asked Staff to review the trail situation from CoRd 51 and 84 to Fox Street for options and give Council advice regarding easements. McDermott suggested that the best crossing for the trail is at the Luce Line. Flint agreed but noted that this was only one factor to consider. Peterson asked Staff to review the Hoppe endowment at Noerenberg Park to see what restrictions are on the property noting they may affect the outcome. She felt there were too many bike trails in the City. Flint related some history of the bike trails. He said the adverse impact that was expected from the trails never occurred. He has only received praise for the trails that the City has developed. The trail where easements were not acquired is less satisfactory than it would have been if the easement had been acquired. Mr. Roux asked that the City consider demographics. He reiterated his concern with destruction of the rural character of the City. He would like the City to communicate better with the people on issues. Rue asked that engineering comments be made known • to the public. Jabbour reported that the bike path is being discussed for input purposes. The final decision will be made by the Council. The only notification received by the public is for the public hearing held at the Planning Commission. Jabbour said the City makes all attempts to keep the residents informed. Hust said the decision to place the trail behind French Park was changed by the Council from the recommendation made by the Planning Commission. Flint said it had been determined that the best location was along the road as it would least impact the neighborhood. Kelley said the Council needed to discuss the lot width variance, the cul -de -sac, and the tree, woodland, and vegetation preservation easement. Goetten said she supported the cul -de -sac variance and the easement. Kelley asked how large an easement should be requested for Lots 5 and 6 to create a corridor to the lake. Jabbour said the ordinance allows the residents the right to walk to the lake. He felt the width should be relative to the width of the steps allowed at 4' and defined that no clearing allowed beyond that limit. Anderson clarified that no clearing would be allowed beyond a 5' width. 0 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 is ( #11 - #2341 Daniel J. Anderson - Continued) Kelley said he would like to clarify where the vegetation line should be drawn for Lot 6. He asked that the property be marked. Anderson said the best way to determine the density is by walking the site. There are many small trees that will need to be removed. He noted the importance of maintaining the mossy groundcover. Kelley said he would like to know exactly where the vegetation line is on the lot. His main concern is the view from the lakeside. Barrett suggested the conservation easement describe the protected area. Kelley asked that the applicant and staff work together to define the area. Flint suggested a snow fence be placed where the vegetation is not to be disturbed. Flint suggested the pond be located in the domed area of the property. Anderson said the runoff hits the vegetation and acts like a natural silt fence. The pond would have to be located at a higher point. He said the only runoff is from the cul -de -sac. The catch basins would monitor the flow and the gutter will control the amount of flow. Jabbour noted that any ground clearing would result in erosion. Anderson said he believed the people who will purchase the property will be buying it for the privacy it delivers. • Jabbour asked that the pond be constructed to the City Engineer's satisfaction. Anderson said he will work with the City Engineer. LJ Kelley asked about the radius of the road. Gaffron showed where the septic sites are located that would be affected if the standard was required. Jabbour inquired about the curb cut location. Gaffron noted where the curb would be flattened. Anderson indicated discussions he had with the County. He said the road would be posted for 20 mph. He is concerned with damaging the rolling hills and would like to see the road placed in the area that fits with the topography. He noted that the original driveway will be moved. Jabbour concluded that one of the two curb cuts will be eliminated. Council agreed with the 125' radius. Gaffron said speed is the only reason for the radius standard and supports the 125' radius proposal. Jabbour informed the applicant that an extension is necessary for the time period of the application due to the request for two variances. Anderson agreed. Barrett said the next 60 days is at the option of the City and beyond that time frame requires applicant's approval. Gaffron said due to tabling the application, an extension should be received at this time. Anderson agreed to the extension. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( 41 t - #2341 Daniel J. Anderson - Continued) Peterson moved, Goetten seconded, to table Application #2341 to the March 23 Council meeting. Vote: Ayes 5, Nays 0. Kellogg informed Jabbour that he understood the request regarding the trail in determining the best location. Anderson will place markers along the protected vegetation areas for review by Council. Kelley suggested the applicant give information regarding hardcover to the homeowners. Jabbour suggested the use of an architectural committee. MAYOR/COUNCIL REPORT • DISCUSSION REGARDING PARK COMMISSION APPOINTMENT Jabbour indicated that the City did not receive any new applications for the open position on the Park Commission. Moorse will provide the Council with the current applications to enable the Council to appoint a new member at the next Council meeting. • Kelley asked about procedures for the time frame limitations on application processing. • Jabbour said the topic will be discussed at the next work session. It was noted that the length of review time prior to Council review is resulting in applications being extended beyond the 60 -day period. Goetten said a report is being prepared to send to Mn/DOT regarding the Hwy 12 /CoRd 6 intersection. She asked for Council comments. Kelley said his main concern is with the evening traffic traveling westbound on CoRd 6. He would like to see an acceleration lane dedicated to the traffic coming off of Hwy 12 onto CoRd 6 to eliminate the need for these cars to stop. Goetten said that issue has not been discussed. Jabbour noted that metering may occur in the future. Goetten said she would discuss the matter with Tom O'Keefe. Kelley said he would also argue that the eastbound traffic is just as critical if traveling east on CoRd 6 to the interchange and needing to make a right turn onto a ramp. He suggested the lane angle off to provide for stacking. Goetten said the plans were to make the interchange as safe as possible with the least expense. Kelley felt it would be short- sighted of Mn/DOT to build a substandard road. He believes there will be a need for four lanes in the next 20 years. Goetten said Mn/DOT believes they are responding to the tiiture needs. She suggested Tom O'Keefe meet with Council on this issue. Jabbour agreed this would be a good idea. 0 24 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 • (Mayor /Council Report - Continued) Kelley said the design of Hwy 12 and CoRd 15 is an excellent example of design and should be used in considering the Hwy 12 and CoRd 6 area. He feels development will increase towards Minnetrista. Goetten indicated that information was presented at the east and west neighborhood meetings. The preliminary design will be completed in the next few months. She indicated that the needs of Long Lake are being seen. Information is being sought on noise abatement. Jabbour noted that credit should be received from the railroad for closure of crossings. Jabbour reported that the CoRd 6 bids have been awarded and construction should occur this year. He reported that 30 -40% of the right -of -way has been acquired. The CoRd 15 construction will resume shortly as well. Jabbour reported that Brook Park Realty would like to meet with the Council regarding development plans for the property in Navarre. A resolution was passed at the last work session endorsing findings on the need for a park in the Casco Point/Navarre area. A recommendation was made to acquire homes adjacent to the Navarre Park. The Council had been polled regarding a joint venture with the developer in accomplishing these • goals. The developer is in favor of working with the Council. Flint felt this would be an excellent way to proceed to gain a win -win development for the City and applicant. He asked that the property to the west be considered as well. Jabbour said the applicant would like to have access from CoRd 15 instead of through the neighborhood. • Kelley said he was in favor to working with the developer to reduce the density and create a park in the area. He felt the park was necessary for the children who live on the small lots. Jabbour asked that the meeting be scheduled for next month. ENGINEER REPORT ( * #12) REQUEST FOR PAYMENT #8 - NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT Kelley moved, Peterson seconded, to approve Request for Payment #8, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $26, 746.30. Vote: Ayes 5, Nays 0. 25 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 CITY ADMINISTRATOR'S REPORT • ( #13) OLD CRYSTAL BAY ROAD BIKE TRAII. AGREEMENT Moorse reported that the agreement involves the construction of the remainder of the trail to Baker Park and on -going maintenance by Hennepin Parks. The trail will become part of the Hennepin Parks Regional Park System. Flint expressed concern with paragraph 11 regarding hazardous materials calling for the City to indemnify Hennepin Parks. Barrett said the County views the trail as the City's property and wants to be held harmless. Flint noted that the City does not own the property but has an easement. Barrett said technically the person responsible for any hazardous material would be the person who deposited the material on the property. Barrett did not believe the indemnification created any new liability. Barrett felt it was a problem of practicality noting the expense is in proving who did what. Flint agreed with Barrett. Barrett suggested paragraph 5 include the additional statement, "unless mutually agreeable substitute is developed ". Jabbour was informed by Barrett that the City would have to be reimbursed if the Highway Department takes the property. • Kelley asked what happens if Hennepin Parks' standards change. Flint referenced 6a regarding the scope of the license. He feels this would override any change in standards. Flint said 6b indicates the City will have to be notified. Kelley asked what happens if the policy of no plowing changes. Jabbour said Hennepin Parks does not want to change what is occurring in a City. Jabbour said the intent is for the City to learn how to improve trails and encouraged continued dialogue. Barrett felt the County has the discretion to remove snow if they deemed it necessary. Moorse noted the trail connects to the Luce Line which is not plowed. Jabbour said the Council has to make a decision and identify goals and objectives. He said he is an advocate for partnerships and all scenarios cannot be projected. Jabbour noted that the Council asked for a minimum document. Kelley said the Council needs to be aware that the City is giving up its rights and giving the County the power. Jabbour indicated that the County has listened to issues of concern. Goetten noted that these same issues were discussed in the beginning of the process. Jabbour said the issue boils down to whether the Council wants to move forward with the agreement. He noted that Hennepin Parks has made major contributions to the City. Flint commented that major concessions have also been made by the County from the first document, and he favored adopting the agreement. • 26 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 . ( #13 - Old Crystal Bay Road Bike Trail Agreement - Continued) Flint moved, Kelley seconded, to approve the agreement with Hennepin Parks for the construction and maintenance of the Old Crystal Bay Road bike/hike trail. Vote: Ayes 5, Nays 0. ( #14) INTERIM ORDINANCE ENACTING A MORATORIUM SUSPENDING CERTAIN USES IN THE CITY'S INDUSTRIAL ZONE - ORDINANCE NO. 169 Kelley moved, Flint seconded, to approve interim Ordinance No. 169 enacting a moratorium suspending certain uses as permitted or conditional uses in the City's industrial zone, effective March 9, 1998 and terminating September 15, 1998. Flint questioned whether a 6 -month moratorium was adequate. Moorse said it was. Vote: Ayes 5, Nays 0. ( #15) APPOINTMENT OF PAYROLL/UTILITY BILLING SPECIALIST Peterson moved, Goetten seconded, to approve the appointment of Sandra Pettit to the position of Payroll/Utility Billing Specialist effective March 16, 1998 at a starting pay • rate of $13.51 per hour. Vote: Ayes 5, Nays 0. ( #16) PAY INCREASE FOR PLANNING INTERN • Jabbour moved, Goetten seconded, to increase the pay rate of the Planning Intern position to $9.00 per hour effective March 9, 1998. Vote: Ayes 5, Nays 0. Appreciation was extended to Bressler for the excellent job he has been doing for the City. (417) APPROVE CDBG GRANT APPLICATION - RESOLUTION NO. 4046 Kelley moved, Peterson seconded, to approve Resolution No. 4046. Vote: Ayes 5, Nays 0. ( #18) SCHEDULE HRA MEETING TO APPROVE REFUNDING BOND SALE Moorse reported that the meeting is to enable the City to take action on refinancing the City Facilities bonds. Jabbour moved, Peterson seconded, to schedule a meeting of the City's BRA for 7:05 p.m. on Monday, March 23, 1998. Vote: Ayes 5, Nays 0. 27 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ( #18 - Schedule HRA Meeting - Continued) • Kelley asked Moorse about the leaking roofs of the city buildings. Moorse reported that leaking has been on -going at the Public Works Building. More recently, similar problems have arisen in the valley and soffit areas of the other two buildings. Bonestroo has identified the problems and letters have been sent to the construction manager, sub- contractors, and architect asking for their response to these problems to aid in determining the course of action to remedy the problems. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #19) LICENSES Kelley moved, Peterson seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Residential Kennel License D. Brian Fulmer 3505 Wayzata Boulevard Special Event License: Tony Eiden Company • Spring Preview of Homes 2425 Thoroughbred Lane February 28, 1998 - March 18, 1998 3:00 -7:00 p.m., Monday thru Friday Noon -6:00 p.m., Saturday and Sunday ( * #20) BILLS Kelley moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. n �J 28 . R, 11 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 ADJOURNMENT Mayor Jabbour adjourned the meeting at 11:53 p.m. ATTEST: Lin Vee, City Clerk Gabrie abbour, Mayor 29