Loading...
HomeMy WebLinkAbout03-23-1998 Council MinutesORONO CITE' COUNCIL MEETING MINTITFS FOR MARCH 23-199R • ROLL The Council met on the above mentioned date with the following members present: Mavor Gabriel Jabbour, Council Members J. Diann Goetten, Barbara Peterson, and Richard Flint, who arrived shortly after the meeting begun. Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Uatfcon, Planner /Zoning Administrator Elizabeth Van Zomeren, Planning Assistant Brad Bressler, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 t).m. (* #I) CONSENT AGENDA Items 414, 20, 21, 23, 24, 27, 28, 29, 30, and 32 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. ( #2) AUTHORIZATION OF THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE PURCHASE CONTRACT WITH THE HRA FOR THE CITY FACILITIES - RESOLUTION NO. 4047 • Moorse reported that the resolution would authorize the City to amend the lease purchase contract with the HRA for the City facilities. Carolyn Drude was present to provide the results of the bond sale which took place on this date. Moorse said the Council will need to take action on the lease purchase agreement and adjourn to an HRA meeting. Jabbour informed the public that the City is attempting to take advantage of the current low interest rates and refinance the City facilities. Carolyn Drude presented the tabulation of the bids received. The best bid was from Morgan Stanlev Dean Witter, Painewebber, Inc. and Everen Securities, Inc. These rates will replace the rates shown for the years 2004 -2008 at 4. I0% to 4.5 %. The costs include the discount rate similar to points for a true interest rate of 4.5362 %. Six bids were received. Drude noted that the rates have fluctuated somewhat and recently came back down. Moody's Investors Service has given the City a Aa2 rating. The City has an Aa1 rating for its general obligation bonds. When a lease revenue bond is done, it does not pledge the City's general obligation. Drude noted that the Aa2 rating is higher than ratings sienerallv seen on lease revenue bonds. SDrude reviewed the schedules included in the information provided to Council. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 ( 92) Amendment to Lease Purchase Contract - Continued) • The table on page 4 shows the prior debt service and rates for years 2002.2008 if no changes are made. The next page indicates the new rates of 4.10 -4.5% interest that replace the other rates. Drude noted that $65,000 was added to the principal amount to cover the costs of the issuance. The savings indicated are net of these costs. Page 3 shows the comparison between the old and new rates for a savings of $121,265 or 4.33 %. The savings had been projected at $120,000 or 4.21/o. Drude informed the Council that State law requires a savings of at least 3% for a crossover advancing refunding. The costs, discount, and cost of issuance are shown on page 1 including uses of the funds for Ehlers and Associates, attorney fees, Moody's Investors, and CPA verification for an objective review and for the escrow amount utilized until the call date. The bonds are issued in $5,000 increments. Jabbour expressed his appreciation to Drude and City Staff for keeping the Council informed of the possibility of saving in this manner. He informed the citizens present that residents typically are aware of land use issues but unaware of the Council's financial responsibility for the Citv. He noted that the Citv's bond rating is exceptionally good. The Aa 1 rating is the highest rating available for a city the size of Orono. He noted that the recent sewer projects have received the benefit of this rating in the form of low interest rates on the sewer assessments. • There were no questions from the public. Flint moved, Goetten seconded, to adopt Resolution No. authorizing the execution and delivery of a first amendment to the lease - purchase contract between the City and the City's HRA. Vote: Ayes 4, Nays 0. ADJOURNMENT Goetten moved, Peterson seconded, to adjourn at public hearing held from 7:05 p.m. to 7:15 p.m. Vote: Ayes 4, Nays 0. ( 0) HRA MEETING - 7:05 P.M. HRA Chairman Jabbour called the BRA meeting to order at 7:05 p.m. and noted the presence of all HRA Members except Charles Kelley. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MFFTiN(r' FIF.T.IIs nN MARf'N �'i 199R • ( #4) AUTHORIZATION OF THE ISSUANCE AND AWARDING OF THE SALE nF P7TRI,If FArn,ITiFC RFVF.NITF. RFFITNDING RnNDq. WRIFC 194k AND AUTHORIZATION OF A FIRST SUPPLEMENTAL INDENTURE AND A FIRST AMENDMENT TO LEASE - PURCHASE CONTRACT - RESOLUTION NO. 4048 Peterson moved, Goetten seconded, to adopt Resolution No. 4048 authorizing the issuance and awarding of the sale of Public Facilities Revenue Refunding Bonds, Series 1998 to Morgan Stanley Dean Witter, Paine Webber, Everen Securities; and authorizing a First Supplemental indenture and a First Amendment to Lease - Purchase Contract. Vote: Ayes 4, Nays 0. ADJOURNMENT Goetten moved, Peterson seconded, to adjourn the HRA meeting at 7:15 p.m.. Vote: Ayes 4, Nays 0. RECONVENE COUNCIL MEETING Mayor Jabbour reconvened the Council meeting. APPROVAL OF MINUTES. • ( #5) REGULAR MEETING OF MARCH 9, 2998 No action was required. The draft was included for Council's information. PARK COMMISSION COMMENTS Park Commissioner Jim White noted that the trail agreement would be presented to the Hennepin Parks Board this week for approval. He reported that the OBA has requested an additional night of use for baseball at Bederwood Park. The Park Commission recommended denial of this request. The inventory of parks and improvements is completed. Trails have been discussed as well. Jabbour informed White that the Council is working on a potential park in the Navarre area. He reported having spoken with Commissioner Erickson, who indicated he met with the City of Long Lake to discuss trails. Jabbour suggested the Park Commission review this issue with the Hwy 12 Design Committee as the design committee has recommended no trail in some areas. Jabbour asked that the Commission ensure they are on a parallel with City philosophy. Jabbour also indicated that he felt a recent article in the Laker Newspaper reporting on a meeting discussing trails did not accurately reflect what occurred at the meeting. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 199& (Park Commission Comments - Continued) • Flint said past Mayor Callahan asked him to inform the Park Commission that Mn/DOT would be willing to establish a trail over the Hwy 12 /CoRd 6 intersection. The Park Commission needs to determine whether this is desirable. Flint indicated there may be a trail along CoRd 6, and the Commission should determine whether it would work to have a trail cross Highway 12 as part of the interchange design. The trail would run along the shoulder. White informed Flint that the Commission just recently completed categorizing the trails. ( #6) WEST HENNEPIN RECYCLING COMMISSION REPORT - AMELIA KROEGER - 7:15 P.M. Amelia Kroeger, the West Hennepin County Recycling Coordinator referenced an article in the Pioneer. She reviewed the highlights of the past year noting that 30% of the waste was recycled in the group cities. The group is also below the average on cost of household and total tonnage for recycling and shows an increase in participation. A goal of the commission was to reduce the budget by 15% by the year 2000. This was attained in 1997. Another goal was to continue grant funding for Hennepin County. A meeting of the Hennepin County Recycling Commission was held on February 11. A good indication was given that grant money would be eliminated by 1999 as they are joining in with other counties and organizations regarding a solid waste. An unforeseen • problem was the dramatic increase in waste tonnage and tonnage recycled. The market for recycled materials has not kept up with the volume of recycled materials. Kroeger asked for Council feedback and whether the City would like to continue with the joint powers agreement. She reviewed the cost to the City with or without the grant funding. Kroeger questioned whether the City would like to conduct the recycling program themselves. Jabbour asked for Kroeger's recommendation. Kroeger said she had originally thought that recycling programs would stand on their own merit. She noted that the market is poor for recycling of paper and plastic, though strong for aluminum. She did believe that the position provides the City with alot of services for a small amount of money. Moorse commented in looking at the duties performed and what is being done on a shared basis, it would make sense to continue with the program instead of starting a City program. Jabbour said the City also has some obligation to those cities who cannot run such a program on their own. Is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( #6 - West Hennepin Recycling Commission Report - Continued) Kroeger said the cities she has spoken with thus far have all voiced their recommendation to continue with the program. Jabbour agreed with continuing the program. All Council members agreed. Kroeger reported that since the joint powers agreement in 1988 and 1989, a reserve fund has grown. The Commission would like to distribute the excess to the group cities. Based on the number of household accounts since 1989 in the City of Orono, Orono's share of the reserves equals $8,113. Kroeger presented City Administrator Moorse with the check for that amount and asked that the funds be used for recycling. Jabbour recognized the recent award given to Kroeger as a Friend of the Park for her efforts in maintaining Bederwood Park. PLANNING COMMISSION COMMENTS Planning Commissioner Stoddard had no comments at this time. PUBLIC COMMENTS John Dalbec, 1565 Orono Oaks Drive, asked the Council to review the housing of horses • on the Smith property. He feels this use does not meet the standards of the City. Jabbour referenced a letter sent regarding this issue from Dalbec. He asked what process Dalbec would be required to follow for a future review of this issue. Moorse indicated this may be similar to an administrative appeal of a staff decision. Moorse will review the matter and inform Dalbec of the process. (Item #7 follows Item #11.) ZONING ADMINISTRATOR'S REPORT ( #8) #2292 TOM OKERSTROM, 770 TONKAWA ROAD - VARIANCE - RESOLUTION NO. 4050 The applicant was present. Bressler distributed pictures of the property. The request is for variances for hardcover in the 75 -250' lakeshore setback, structural coverage, and street setback to build a detached garage. The Planning Commission recommended unanimous approval with changes to the original proposal as noted in the memo. Bressler noted that the drainage issue resolution was part of the certificate of occupancy. Bressler reviewed the tindings, . #1 -3, as indicated in the resolution draft. The garage has been moved back to 20' from the street lot line and the footprint reduced to 22x24'. The roof will be a 10:12 pitch. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( #8 - #2292 Tom Okerstrom - Continued) 4W Okerstrom indicated he has spent alot of time in an attempt to comply with City requirements. He feels the plan will come near to meeting the City standards. . Goetten commented that the garage is not in compliance due to the large house built only two years ago. Goetten said she would not support the proposal except for the need for a garage in Minnesota. She has found it discouraging that the applicant is here asking for this variance. Okerstrom responded that the house on the property was built on the same foundation as the previous home. There had been a two car garage on the property in the past. He had not been aware of the issues. It was his assumption that the old garage had to be removed prior to the house being built. Okerstrom said the house would have been made smaller if he had known the issues involved. Bressler said Builder Inspector Bruce Vang had informed the builder that zoning issues would arise if the garage was not taken into consideration when the house was built. The builder evidently did not pass this information on to the applicant. Goetten noted that a building permit is required for building any structure. Peterson asked if the garage is comparable in size to the previous garage. Bressler was unaware of the past dimensions. He explained that the Planning Commission requested a reduction in the garage footprint to 22'x24' and a decrease in the height to a 10/12 pitch. Jabbour was informed that the overhead storage area will be less than originally planned. Okerstrom added that the pitch is in keeping with the style of the home. Jabbour commented that the garage would impose upon the area around the road and would not be in keeping with other garages along the road. Okerstrom said the garage was smaller. Jabbour voiced concern with a garage located within 8' of the road adding that the Council must protect the neighborhood. Goetten agreed that the Council's efforts are towards improving the situation. Peterson asked if the garage should be moved back further than 20' on the lot, Goetten reminded her that this would increase hardcover. Jabbour noted that the neighboring garage is within 20' of the right -of -way. Goetten said the Council also needs to consider the driveway and the ability to get out onto the roadway. Peterson noted that the applicant would not be able to drive out onto Tonkawa. She preferred that the garage was pushed back as far as possible. Peterson asked how much space was available. Bressler indicated there is currently 20' proposed between the edge of the bituminous and the front slab of the garage. Peterson asked if a one -car garage was considered. Goetten felt it would be unreasonable to scale it back to that degree. Is 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( #8 - #2292 Tom Okerstrom - Continued) Jabbour moved, Flint seconded, to approve Resolution No. 4050 per the Planning Commission recommendation. Vote: Ayes 3, Nays 1, Peterson. Goetten asked that the resolution reflect that no further hardcover would be allowed on the property in the future. ( #9) #2317 KHASROW DAIVARI, 1082 LOMA LINDA AVENUE - AFTER -THE- FACT VARIANCES The Applicant was not present. Bressler indicated Daivari did sign the extension for the application. Goetten asked how many times the Council is to table an application due to the absence of the applicant, noting this has occurred in this instance already. Staff was asked to inform the applicant that action must be taken on the application due to the time allowed, and action will take place at the next meeting. The Council voiced frustration with the applicant's absence. Goetten moved, Peterson seconded, to table Application #2317. Vote: Ayes 4, Nays 0. ( #11) #2335 LAWRENCE MOLSATHER AND LINDA SALLEE, 3285 CARMAN ROAD - VARIANCES - RESOLUTION NO. 4052 • The applicants were present. is Bressler distributed pictures of the property. The proposal is to rebuild and expand the existing deck on the lakeside requiring variances for structural coverage, hardcover in the 0 -75' lakeshore setback, lakeshore setback, and average Lakeshore setback. The Planning Commission recommended approval with the condition that all plastic under landscaping be removed and the flagstone walkway eliminated prior to issuance of a building permit and no future variances would be granted for the property. Bressler reviewed the survey and findings as indicated in the resolution draft. He indicated the deck location, the roof line, and elevations. Molsather indicated that the house was built in the early 1960's. The variances are required due to the home being built prior to current zoning regulations. Molsather said they made all attempts to meet the recommendation. Jabbour pointed out that the hardcover calculations did not include the legally non- conforming hardcover and no credit was allowed for that hardcover. Sallee said they understood this would not be included in the calculations. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( #1 I - #2335 Lawrence Molsather and Linda Sallee - Continued) Goetten agreed that a 2 -1/2' wide deck was unusable. She asked for verification of the proposed width. Bressler said the farthest point of the deck from the house is at 10', extending approximately 6' from the overhang. The remaining portion of the deck extends negligibly beyond the overhang. Peterson supported the proposal. Jabbour noted the request would be an improvement to the property, though the calculations do not reflect exactly what has occurred. The applicant accepted the resolution as drafted. Goetten moved, Peterson seconded, to approve Resolution No. 4052. Vote: Ayes 4, Nays 0. ( #7) SHORELINE/HERITAGE SANITARY SEWER IMPROVEMENT PROJECT - PUBLIC HEARING - 8:05 P.M. The Certificate of Mailing and Affidavit of Publication were noted Moorse reported that the public hearing relates to the proposed sanitary sewer project. • The City Engineer will present the project and allow for residents to give their input. City Engineer Cook reported that the existing sanitary sewer system constructed over Crystal Bay would tie into this system east of Spates Avenue and extend the line through easements along North Shore Drive and Heritage Lane and Heritage Drive. On the north end of the project the sewer line will be extended by use of a small force main and individual grinder pumps. Cook noted that the property owners of Lots 21 and 22 are not interested in hooking up to sewer at this time as well as several others, who were pointed out on the map. The project cost for the 22 units is $42,200 or $19,100 per unit. Jabbour informed the audience that the City desires to be pro- active regarding sewering identified "hot spots ", or those in the most need of sewering. In areas that are not a top priority, the property owners have to petition for sewer and bear the total cost. Jabbour said the areas where the properties were left with no alternatives were sewered first. Jabbour referenced the earlier bond refinancing. He indicated that the City attempts to take advantage of the bond rate by financing such projects as this one along with others to reduce costs for the property owners. s MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( #7 Shoreline/Heritage Sanitary Sewer Project - Continued) Jabbour noted that the property owners at 1100, 1135, and 1950 are not interested in hooking up to sewer at this time. The Council has made the policy that when neighbors who have fully conforming septic systems do not wish to hook up to a project, they will not be required to do so. However, when they eventually hook up, these property owners will pay the cost in full, including annual cost of living increases. This allows the project to move forward. Jabbour emphasized that the cost is contingent on the ability to obtain easements from the property owners or the cost will be increased. Cook indicated there were comment cards available for the property owners to fill out if they so desired. The public hearing was opened. Jim Snyder, 1085 Heritage Lane, Lot 16, asked about hook -up to his property on the north end. Cook said the gravity line can only serve to where it was pointed out. The other properties will be connected through the use of a grinder pump and force main at the same cost. Steven Larson, Lot 19, asked about the cost of the grinder pump and whether the cost can be paid over time. Jabbour explained how a grinder pump works. The pump holds the residue, shreds it, and pushes it by force down the street to the main line. The property owners requiring the grinder pump will be responsible to hook up to it. Cook reported that a grinder pump package is about $3,000. The City has taken bids for the pumps in the past. He was unsure whether this would be done for this project, but the City would give an allowance for the property owners to purchase the grinder pump if need be. Jabbour elaborated that the project cost includes that system being there but the City just does not know at this time if it will be provided or money given back to pay for the pumps. The bond will be assessed to the property owners. The assessment can be paid in full or over a 15 year time period. There are some administrative costs beyond the 4.5% interest on the bonds, and Jabbour estimated the interest rate on the sewer assessment would be about 6 %. Larson asked if the road would be improved. Cook said there is no intent to replace the road to the north at this time. A trench will run along the boulevard and driveways will be patched, or the lines will be directionally bored. The other portion of the road will be replaced. Lou Block asked if the City anticipated any problems with getting easements. Cook said the property owners need to give their permission. Otherwise, the easements would be obtained through a condemnation process, which would add time to the project. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON MARCH 23, 1998 ( #7 Shoreline/Heritage Sanitary Sewer Project - Continued) Bob Sternum, 1920 North Shore Drive, Lot 1, said most of the properties along North Shore Drive have non - conforming septic systems, and he supports the project. He would like the project to be hurried along and is concerned with fall frost or a delay extending the project into next year. Jabbour said it was not the City's desire to extend the project into two years. The best scenario for the time line is to award bids in June, start in July, and complete the project in October. If the City has problems with gaining easements, it may extend the process two months. Easement negotiations will be held in May. It was indicated that the sewer line along North Shore Drive would be done first. Goetten said it would behoove the public to encourage their neighbors to grant the easements as all will need to hook -up to sewer at some time in the future. Jabbour also noted that along with saving costs by hooking up at this time, the lawns will only have to be dug up once. Nancy Bjerke, Lot 17, asked the Council to clarify whether the City is going ahead with the area requiring grinder pumps. Jabbour said they were; the only question was regarding whether the City will provide the pump. He reiterated that the property owners will not be forced to hook up to sewer system now but the cost will increase for hook up at a later date. The public hearing was closed. 0 Goetten asked if there were enough property owners wanting the system to move ahead with the project. Cook felt at least the majority of the property owners wanted sewer at this time. Some further inspections are required to determine system conformity. Jabbour asked for caution concerning the inspections, noting it would appear the City was forcing sewer. He was told by Moorse that the City can afford to finance a small number of units, allowing the people to be given the prerogative of hooking up at this time. Peterson asked how long it will take to get the necessary additional information. Gappa said it would be done as soon as possible and the inspections will be completed within two weeks. Gappa indicated there were two other projects that will be included with this project, noting the Edgewood Hills Neighborhood, and the Head property. 40 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 ( #7A) ORDER PLANS AND SPECIFICATIONS FOR SHORELINE/HERITAGE • SANITARY SEWER PROJECT - RESOLUTION NO. 4049 Flint moved, Goetten seconded, to approve Resolution No. 4049 ordering preparation of plans and specifications for the project. Vote: Ayes 4, Nays 0. Moorse informed the residents that the motion allows for the City to order the plans and specifications. Bids will be taken after this is completed. Final costs will be determined at that time and an assessment hearing held. Jabbour noted that there is a 30 -day waiting period after the assessment hearing. The residents are allowed to waive the assessment hearing through signing a waiver to accelerate the process. ( #9) #2317 KHASROW DAIVARI, 1082 LOMA LINDA AVENUE - AFTER -THE- FACT VARIANCES - RESOLUTION NO. 4051 The applicant arrived at the meeting. Jabbour moved, Peterson seconded, to reconsider the motion to table the application. Vote: Ayes 4, Nays 0. Bressler reported that the application is for after -the -fact variances to allow the retention and completion of a screen porch constructed over an existing deck. It was built without • a permit and requires after- the -fact variances for average lakeshore setback and structural coverage. The Planning Commission unanimously recommended denial of the request. Bressler reviewed the findings as noted in the resolution draft. Mr. Daivari felt the issue was taken personally by the City, and he felt he has been treated poorly. Daivari said he did not think of the porch as a structure as there was screening only. He did not think he needed a building permit and applied for the variance once he was notified of the fact. He said he made a mistake but was not informed by the City what should have been done. Daivari said he made the decision to remove the porch. He misunderstood when the last Council meeting was and found out at the Council had made their decision. Jabbour informed Daivari that the Council has not made any decision. He said the State Statute requires action to be taken within a 60 day time period and time was lapsing. The Council could not wait until this date and required his permission to extend the time line. Bressler explained that Daivari was referring to the resolution draft. Jabbour explained that the resolutions are drafted based on the Planning Commission recommendations and are not approved until the Council does so. Daivari referenced another porch on Loma Linda that received approval. He said he had asked what could be done to make everything right but was told that nothing could be done. Jabbour told Daivari that the Council cannot override what the building inspector determines. The porch must be constructed to universal building code. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 (#9 - #2317 Khasrow Daivari - Continued) Daivari was asked if he would like to table the application. Daivari asked if it would make a difference. Daivari said he would like to see which part was wrong and why he was treated so poorly. Jabbour informed Daivari that State Statute requires that a hardship be shown. Daivari said he feels he has a hardship. Jabbour noted if the structure is not built to code, it cannot remain. Daivari asked for a meeting with the building inspector. Jabbour explained that there were two problems, one being the zoning issue and the other being the building's integrity. If the building inspector finds that the porch does not have the proper foundation, it must be removed. The Council is obligated to answer to the zoning issue. Bressler said he had spoken with the Building Inspector, Lyle Oman, who informed him that his concern was with the foundation and whether frost footings were necessary. Another issue was the need for a solid roof. The applicant had only screened the roof in. Jabbour asked Peterson to comment from the Planning Commission meeting. Peterson said, as she recalled, the Commission looked at both the issue of hardship and the building integrity. Daivari felt it was a matter of how it was handled. He said Van Zomeren was very • helpful. He said he spoke three times with the city and issues came forward with the foundation and structure. Daivari said he asked to see the pictures presented at the Planning Commission but was not shown them. Peterson said she recalled that the encroachment issue was the main concern and the structural integrity was secondary. Daivari said he was not informed of this and believed the simple issue was made into a large one. Jabbour suggested Daivari direct concerns regarding staff to the City Administrator. Peterson felt Daivari should be able to speak with the building inspector if he so desired. Jabbour asked about the zoning issue. Flint felt less time should be spent at the Council level regarding such issues and listen to the recommendation of the Planning Commission. Discussion would only be a rediscussion of what occurred at the Planning Commission. He suggested listening to the Commission's recommendation for denial. Peterson said she would not support the encroachment when the porch could be designed to be less intrusive for the neighbors. Daivari said the neighbors thought the porch was a good idea. Is 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON MARCH 23, 1998 . ( #9 - #2317 Khasrow Daivari - Continued) Goetten said she was more concerned with the structure's worthiness than with the averaee lakeshore setback. If the porch cannot pass the building inspection and it was unsafe, she would not support it. Jabbour noted that if the request does not receive support, no building permit would be given, and the porch would have to be torn down. Jabbour agreed with the Planning Commission's recommendation. Flint moved, Peterson seconded, to approve Resolution No. 4051 to deny Application #2317. Vote: Ayes 4, Nays 0. ( #10) #2327 ORONO DEVELOPMENT, LLC - B -5 DISTRICT - AMENDMENT ORDINANCE ADOPTION NO. 170, 2ND SERIES John O'Sullivan and Tom Dillon were present. Gaffron reported that the request is to amend the B -5 zoning district to allow coffee and bagel shops as conditional uses. The application was tabled at the request of the Council to allow for additional information to be gathered. Gaffron reviewed the number of issues that had been identified regarding specific uses, such as limiting the tvpe of foods allowed or accepting the use at face value. Other issues included how food was prepared, the kitchen facilities, and seating. Both uses function as a convenience type for • take out or eat in services. Gaffron indicated that there was enough parking on the applicant's specific site for the use. LJ Gaffron reviewed types of restaurants and the amount of seating and parking required. Based on the information, Staff reviewed whether it was practical to regulate products and uses within the zoning district. He felt the City's goal should be to regulate the impact and not the product. Based on the information, Gaffron added to the amendment a condition "d" stating that an individual use would be limited to 45 seats, or 60 seat maximum for a combined use. Dillon said they have worked well with staff and feel the conditions are satisfactory. There were no public comments. Flint moved, Goetten seconded, to adopt Ordinance No. 170, 2nd Series. Vote: Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NLARCH 211998 ( 012; #2339 JAMES D. RENDER, 1365 TONYAWA ROAD - PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION NO. 4053 The applicant was present. Gaffron reported that the application was tabled at the last Council meeting for plan revision after applicant was provided conceptual direction. The 1.9 acre parcel is proposed to be divided into three bunaing sites. access nas been the main issue or concern. Whether the S' easement can be combined with the 25' private road for a 33' total has not yet been confirmed by the City Attorney. Gaffron reviewed the directions given by Council. He noted that the shared driveway to access the outlot road would reduce the amount of hardcover needed for Lots 1 and 2. The stormwater plan has been reviewed. Tom Kellogg had determined that the elevation of the houses would not affect the Iayout of the plat. The existing house on Lot 1 will be lived in for a time before it is sold by the applicant. Two options were given for the encroachment of the detached garage and portions of the house onto Lot 2. The resolution as drafted requires that the encroachments be removed within one year as well as requires a Special Lot Combination. Staff recommended approval of the application subject to the conditions as noted in the resolution. Render said he saw no conflict with the recommendations made by Staff. Jabbour noted that the stormwater pond has been moved from the front to the rear yard. Gaffron said there were questions on meeting the standards and impact on the lot. Mark Gronberg said the NURP pond is larger than what would be required for a regular pond. He would like to be allowed to have a regular pond and make a contribution to the Watershed District. Jabbour emphasized that the Council does not support contributions made to the Watershed District for ponding and believe all ponding should be conducted on the property. Jabbour asked Staff to inform the Watershed District not to suggest to residents of Orono that cash contributions be made for ponding as it will not be approved. Gaffron explained that there were different standards for a stormwater quantity pond and a NURP pond. The NLTRP pond standards were adopted into the Comprehensive Plan. He agreed that more discussion is necessary on this issue as the pond will have more of an impact on smaller subdivisions than it would on larger ones. Jabbour questioned whether staff is suggesting we do not need stormwater ponding, and noted we should require ponding if it's beneficial to the lake, not just because we were mandated by other agencies to require it. 40 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998. • ( #12 - #2339 James Render - Continued) Cook said the ponding is being done because it is required and is important but does not necessarily have to be done in this manner. There are other ways to treat the water but they are more expensive. While this is not as aesthetically pleasing as it would be in a rural setting, it is the kind of system necessary to protect the lake for the long term. Jabbour said the ponding is then necessary. He suggested the pond be made as minimum as possible to meet the code. Flint and Peterson agreed. Gaffron said he was not recommending a change in the code but the need to realize the impacts of ponding. Goetten said she would not support the easement for the connection of Birch Lane to Tonkawa. She approved the subdivision itself but is concerned with what might happen in the future if the easement was taken. Jabbour agreed that the connection should not be made but felt the easement should still be taken. Render suggested the easement terminate 5' from the property line. Peterson said she agreed with Goetten's comments. Flint said he felt this was the opportunity to get the easement. Mr. Putnam said it was upsetting that the Council may vote for an easement when they do not desire the road to go through. Jabbour said he supported the proposal and Staff and Planning Commission recommendations. Gerald Ray, 3442 North Shore Drive, opposed the Birch Lane connection. He liked what the Council was saying regarding no connection, yet noted that the Council will change in the future and so might the feeling regarding the connection. Dave Lindberg, 3440 North Shore Drive, agreed with Ray. He does not want to see the easement widened. He would like to maintain the current look of the neighborhood. Jabbour suggested stopping the easement as mentioned by the applicant 5' from the property line. Flint asked what the current use is for the easement. Jabbour said there is a private road and easement on the road. There are fences and garages located on it as well. Flint asked if the existing easement is used for any purpose. He was informed that it was a utility easement but may not provide complete vehicular access to the sewer. Flint said he would support the recommendation to stop the easement 5' from the property line. is Jabbour asked Staff to amend the resolution to reflect the 5' change as noted. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( #12 - #2339 James Render - Continued) • Jabbour asked Barrett's opinion regarding Staffs recommendation on the house encroachment. Barrett agreed the recommendation was satisfactory as long as the special lot combination was completed as a condition of the preliminary subdivision. Render asked if the special lot combination requires further Council review. He was informed that it can disappear after one year. Render asked if it was necessary for the subdivision. Gaffron said it was not. Peterson moved, Goetten seconded, to approve Resolution No. 4053 for preliminary plat approval with the addition that the easement will stop 5' from the property line and a special lot combination agreement is signed as drafted by the City with the house remaining for a time period not to exceed 12 months. Vote: Ayes 4, Nays 0. (A short recess was held.) ( #13) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY SUBDIVISION APPROVAL The applicant was present along with Ed Otto, Kevin Prohasso and Marty Campion. Gaffron reviewed the general direction previously given to the applicant by the Council. The stormwater plan has been submitted. City Engineer, Tom Kellogg, has reviewed it and had some questions relating to the grading plan. A stormwater pond is proposed at east end of Lot 7. It has been confirmed that Lot 7 meets the two acre minimun after adjusting for the pond. Cook was asked to comment. Cook said the amount of runoff that will reach the pond will be an improvement over the current situation. Lots 4, 5, and 6 will drain runoff toward the lake. Jabbour noted that by preserving the shoreline vegetation, there should be no problem. Gaffron indicated that an option would be to create a second pond by the lake but that would result in much damage to the shoreline. Cook agreed. Marty said about 1/3 of the site will drain to the pond. The remainder will drain to the north through a ditch system along the county road or to the lake directly. There will also be less runoff on the north lot with the expected decrease of hard surface from the existing situation. Anderson said the goal for runoff from Lot 3 is to bring it to the front by the cul -de -sac. Gaffron noted that the layout for Lot 7 technically makes the front lot line 50' in length as opposed to the 200' standard. He questioned whether it should be considered a back lot. Lot 7 will now accommodate stormwater while still having septic sites and building pad. He asked if Council was satisfied with the layout of Lot 7 noting it appears to be functional. is 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 • ( #13 - #2341 Daniel Anderson - Continued) Jabbour said the applicant is aware that the property could be sewered and is proceeding with a proposal that works whether sewer occurs or not. Gaffron said in order to provide sewer, the City would need a MUSA amendment approval. The mechanics of how the sewer system would be designed, built, and paid for have not been worked out. The layout of the lots will remain the same whether with or without sewer. It will likely require three months for the MUSA amendment procedure. Jabbour volunteered to get involved in the process if need be. Goetten said she would also assist as she has spoken with the Met Council regarding sewering around Lake Minnetonka. Gaffron said Tom Kellogg has recommended the easement for the trail be taken on the property. A question to consider is whether the applicant should be required to build the trail if approved and whether the value of the trail easement should be subtracted from the park dedication fee. Gaffron noted that the draft resolution presented at the last meeting has not been changed to include updated inf6rmation. The applicant said he understood the Council's philosophy regarding the MUSA amendment. The Council would not want to see the sewering used as a vehicle to obtain additional density, yet Met Council would like denser development. The City would like to see 2 acre and 5 acre dry buildable. Gaffron noted that the sewer has not yet reached Stubbs Bay but 36 miles of the Orono's Lake Minnetonka shoreline out of a total of 40 • miles has been sewered. Jabbour reiterated that it is the City's goal to sewer around the entire lake, except for Big Island. is Anderson said he was in agreement but questioned the cost, the installation, the design, and the assessment for the sewer. He asked whether he would be charged for it or if it would be assessed to the lots. Jabbour said the sewer would be assessed 100% to the land and when a house is built, it would have to be hooked up to it. He reiterated the excellent bond rating received by the city and the ability for the assessment to be paid over a 15 time period. Goetten informed the applicant that the assessment must be paid in full and cannot be assumed when the property is developed. Gaff-on said it is rare that the City has a new development where sewer is being installed. The mechanics of how this will be done will be discussed with the City Engineer and the information put together for the Council. Gaffron said the timing becomes an issue for the developer in relation to road construction. Marty said he would be opposed to building the road until the sewer issue is resolved, and the road could be held off until June to receive the MUSA approval. He would like to get to final plat approved in order to allow the applicant to sell lots. Council agreed. Jabbour noted that the lots will meet the standards whether sewering happens or not. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23. 1998 ( 913 - 42341 Daniel Anderson - Continued) Goetten asked Gaffron whether he had any idea regarding Met Council's position regarding develonine with 2 acre density on the lake. She asked Council if the extent of any proposed MUSA change should be expanded. Jabbour said yes, noting if more was added to the amendment request, it would take the emphasis from this development. Gaffron warned that Met Council might view this differently if it is expanded from a minor to a maior change. Gaffron asked for Council's comments regarding the granting of a lot width variance for Lot 7. Jabbour said he would support it with the lot area being met and using the reasoning of stormwater ponding. Jabbour noted the developer's cooperation regarding the conservation easement. Discussion has been held on where the easement should end. Jabbour preferred it end in the naturally mowed area, but Anderson would like to see it stop at the field road where it creates a natural boundary on Lot 6. This area is heavily bushed and contains alot of scruff. Anderson believes trees 6" and larger should remain. Anderson said the conservation easement could be below the road about 8' from the crest of the bluff. Anderson would like to protect the area coming up from the lake but the ability to clean up the area around the road. Flint voiced concern with runoff and erosion from the road area if no protection. Lots 4 • and 5 are fairly groomed and the applicant would like to be able to mow around that area. Jabbour said the area is beyond the 75' setback and the code does not provide for any protection of the trees. Gaffron said it would be helpful to stake out the 75' setback. Jabbour asked if conceptual approval can be done without this issue worked out. Gaffron said May 23 is the deadline for preliminary plat approval. Otto said he felt there was a good compromise with keeping the lakeside area along the bluff as conservation easement with the area above the road being outside of the restricted area. Flint said he agreed as far as the strict conservation easement but thought nothing was going to be touched in the area. He is concerned that runoff would result from the mowing. He questioned how to protect the low level plantings on the bluff without total restriction. Jabbour said that issue could be resolved as a functional part of the building permit. Flint said this affects the developer and not the homeowner. The conservation easement would affect the homeowner. 0 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 • ( #13 - #2341 Daniel Anderson - Continued) Otto asked what manner can be used to protect this additional area from the road to where the land rises. Gaffron said a condition can be constructed to stipulate such protection. He noted the area where it would not require protection. Jabbour indicated if the building pads were overlaid, some will encroach into the area. Flint felt Lot 5 was more problematic than Lot 6. He would like some protection. Gaffron said he would work with the developer to accomplish what Flint is requesting. Anderson said he has some ideas that might answer Flint's concerns. Jabbour asked if criteria can be developed that will bind future property owners that would require the property owners to address the Council regarding any changes. Goetten suggested, if the restricted area is extended beyond the 75' setback, the issue of runoff be the consideration. Jabbour expressed his appreciation for the applicant's willingness to work on this issue, concurring that it is important to protect the area directly above the proposed easement area. Flint said he would support the applicant working with staff on protecting the area beyond the road, especially at Lot 5. Anderson asked for clarification as to what Flint was looking to do. Flint suggested a secondary conservation easement dealing with • ground cover but not with original woods. Flint informed Otto that the existing ordinances would not cover the area beyond the conservation easement or out of the 0- 75' zone. The Council asked that a warning mechanism be in place. Jabbour noted it is difficult to get people to add more ground cover. Jabbour reiterated that a conservation easement will be placed on the area from the lake up to the roped area defined by the lake and the mowed area. Regulations will be established for the area around Lot 5. Flint asked how the conservation easement will work on Lot 4. Anderson said the lot is presently open and plans to groom and mow it as it is. Jabbour indicated there is also a cluster of trees on that lot. Anderson said he would not touch the pine trees and had thought they were in the 0 -75' setback. Jabbour inquired about the trail. Gaffron said Moorse spoke with Doug Bryant of Hennepin Parks. They are interested in a trail into Noerenberg Park and would allow it on into Noerenberg. Jabbour questioned who would build it and if the park dedication fee would be reduced. He noted the problem with having a trail on both sides of the road. He felt it would be in poor judgment to cut the hill down yet questioned riding bikes on top of the hill. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998. ( #13 - #2341 Daniel Anderson - Continued) • Flint said he and Kellogg had come to opposite conclusions, noting the wetlands beyond the Carpenter property and the utility poles. The trail can run behind the poles on the Carpenter property. Cook said both sides would be affected. What turned his viewpoint is the park property and easement acquisition potential. Including the park property and the easement from this plat, 1/2 of the distance between the Luce Line and CoRd 51 is accounted for. Jabbour noted the dangerous intersection at Fox Street. He felt it would be best to cross Fox Street on the west side instead of on the east side. Jabbour said he would also not support taking any right -of -way from the yards of property owners to expand the trail. He does not see this as a "must have" trail project. He concurred with Flint regarding not taking the easement from the Anderson property. Jabbour felt it would be distasteful to cut the hill down and build retaining walls. He noted the City already has a trail on the other side of the road. Jabbour said if the trail is developed, it should be built on the right -of -way. Jabbour indicated the park dedication fee cap is $5,000 per lot. Bridget Hust referenced a letter sent on behalf of her parents who own 820 Old Crystal Bay Road. Her letter concurs with Tom Kellogg's comments regarding the trail being dangerous. She said she is baffled by the Council's comments and thought they would listen to the Planning Commission recommendation for the easement. Gaffron indicated that a resolution for preliminary plat approval will be presented at the April 13 meeting. Flint questioned granting conceptual approval without specific detail. Jabbour reiterated for Flint that the lot configuration will be as proposed. The septic sites will be protected. The difference is in regards to the road and additional protection of Lot 5. Jabbour informed the applicant that the Council supported the plan as presented with the additional protection on Lot 5. Goetten moved, Peterson seconded, to table Application #2341. Vote: Ayes 4, Nays 0. Bridget Hust requested that someone meet with her parents to inform them how the French Creek trail occurred. Jabbour said he would be happy to do so and asked that the Hust's contact him. 0 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 • (414) #2343 TIMOTHY AND BONNIE JOHNSON, 627 FERNDALE RUAli ?4ORT.q = VARIANCE = pEccts 1TTTnN Nn. jncj Goetten moved, Peterson seconded, to approve Resolution No. 4054. Vote: Ayes 3, Nays 0. ( #15) #2344 DOUGLAS AND MARILYN HOLCOMBE, 1056 LOMA LINDA AVENUE - VARIANCES - RESOLUTION NO. 4055 The applicants were present. Bressler reported that the request is for variances for 0 -75' and 75 -250' hardcover in the lakeshore setback, average lakeshore setback, lakeshore setback, and structural coverage to rebuilt a main level deck on the lake side of the residence and enclose the area below for a porch. A new stairway, deck, and steps are proposed to provide access to the yard. A new second level deck is also proposed. Bressler noted that the downward slope of the property away from the porch creates a problem with topography. The Planning Commission recommended approval with the condition that the illegally constructed lower level deck built by a previous owner be removed. Bressler reviewed the findings, #14, as noted on page 3 of the resolution draft. Holcombe had no additional comments and was satisfied with the resolution. • Flint moved, Goetten seconded, to approve Resolution No. 4055. Vote: Ayes 4, Nays 0. ( #16) #2346 MARK AND PAMELA PALM, 1447 PARK DRIVE - VARIANCES - RESOLUTION NO. 4056 The applicants were present. Van Zomeren distributed photographs of the property. The applicant is requesting a side yard variance to add a second story to the existing residence located in the LR -1B, one acre zoning district. Forest Lane has not been vacated by this property or an acknowledgment attached to it. She encouraged the applicant to do so in order to increase their amount of acreage. The residence exists 3.4' from the property line where 10' is required. The second story will not encroach any further. The Planning Commission recommended approval. Van Zomeren showed the changes and floor plan to the property. The applicant had no comments at this time. Jabbour asked if Forest Lane has been vacated. He noted the problem with title work • and suggested it be done as soon as possible. Jabbour supported the proposal. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON MARCH 23, 1998 ( #16 - #2346 Mark and Pamela Palm - Continued) . Goetten was informed that the building envelope and the applicant's plan to build up in order to not add any structural coverage. Goetten questioned how close the neighboring house is to the residence. Van Zomeren said the neighboring home is not as close as the pictures make it seem. The neighbors have signed the acknowledgment. Jabbour moved, Flint seconded, to approve Resolution No. 4056. Vote: Ayes 4, Nays 0. ( #17) #2348 MARY JANE HAUSER, 1540 BOHNS POINT ROAD - VARIANCES Mr. Hauser was present. Bressler presented pictures of the property and distributed full sized surveys. The proposal is to construct a new residence requiring a hardcover variance in the 75 -250' lakeshore setback. The previously proposed stormwater detention pond has been deleted from the plan. The Planning Commission recommended approval for 25.9% of hardcover in the 75 -250' setback where 29.8% hardcover was proposed by the applicant. The deck had been larger and the loop driveway was reduced. Bressler noted the plan of the applicant if the variance is denied. The driveway would come straight in through a treed area. The hardships noted by the applicant involved cuting trees and ettect on grading, relocation of utility poles, and headlights shining into neighboring homes. The proposed driveway would reuse the existing driveway and grades. Goetten asked for the hardcover calculations for the driveway. Bressler indicated the driveway was initially proposed at 3172 s.f but has been reduced approximately 800 s.f. to 2390 s.f. The driveway is included in two zones but would not adversely affect the 250 -500' setback. Hauser related the history behind the property and the application. The hardcover in the 75 -250' Lakeshore setback has been reduced from 32% to 25.9 %. He indicated the problem is with the existing grades. Hauser said the house as proposed could be built without a variance if the driveway were to come straight out from the garage. This would require 5' retaining walls on both sides of the driveway. The garage would affect sight lines. He reiterated the headlight problem as well. Jabbour suggested reducing the size of the house. Hauser said he has already done that indicating that he felt some of the rooms were now substandard. Jabbour informed Hauser that the Council's obligation is to the ordinance and not to the neighborhood. He stated that if this proposal was approved, it would set a precedent. Jabbour said he needs to base his decision on hardships and how the land was made. • 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 • ( #17 - #2348 Mary Jane Hauser - Continued) Bressler informed Goetten that the driveway as revised would result in 25.9% hardcover in the 75 -250' setback or 25% if the driveway came straight out. Jabbour was informed that the 0.9% of hardcover constitutes 283.7 s.f. Hauser voiced his objection with reducing the home or driveway any further. Goetten commented that the house had been removed and policy is for no variances for new construction. Hauser reiterated the problems that would be caused if the driveway was changed. Jabbour noted that a new curb cut would require approval. Hauser said that is the hardship. Jabbour acknowledged that the applicant had a hardship but said it does not address the need for a large residence. Jabbour did not believe the driveway could be relocated and suggested the house be reduced in size. Hauser asked what rules are used for relocation of a driveway. Jabbour said sight lines are considered. Hauser asked to see the rules. Peterson asked if the house was redesigned and garage was located on the south side, whether this would reduce the hardcover to accommodate the concerns. Hauser set that is plan was reviewed. It would require a large amount of fill. Hauser said he felt he has a legitimate land use issue noting other hardcover variances have been granted. Peterson noted the size of the south deck, 429 s.f., and spa deck, 280 s.f.. Bressler indicated the amount of hardcover over the allowed amount is 287 s.f. Jabbour also suggested rounding the corners of true driveway. Jabbour asked if the applicant would like the application tabled or moved. Hauser asked for the Council to take action as he would not require a variance if he removed the deck as suggested. Peterson moved, Jabbour seconded, to deny Application #2248 because of new construction, and the proposal could meet all setbacks and hardcover requirements stipulated within the code. She would support the application if hardcover was met. Goetten suggested the deck be removed. Hauser said he felt he has shown hardship. Vote: Ayes 4, Nays 0. • 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL !Y1-E , T P G HELD ON MARCH 23. i998 ( #18) #2351 LAURA ZAUNER, 3262 NORTH SHORE DRIVE - AFTER -THE- • FACT VARIANCE; - pc Fnr_TTT1()N N!Z_ An�7 The applicant was present. Bressler reported that the applicant is requesting an after - the -fact variances for hardcover in the 0 -75' lakeshore setback, Lakeshore setback, and average lakeshore setback to allow the retention of a rebuilt deck on the lake side of the residence. The Planning Commission recommended approval. Bressler reviewed the findings. Jabbour was informed by the applicant that she gradually rebuilt the deck and apologized for the misunderstanding. Zauner said she did reduce the size of the deck by removal of posts and eliminating planters. Zauner said her hardship was her being transferred to another state and the house is under contract. Jabbour noted that the property is substandard and there is no additional land to purchase. The residence was built prior to zoning and to utilize the residence, a variance is necessary. Nothing would exist on the lot without a variance. Goetten asked that the resolution include the condition that no more hardcover would be allowed on the property in the future. Flint moved, Goetten seconded, to approve Resolution No. 4057 with the added . condition that no more hardcover be allowed on the property. Vote: Ayes 4, Nays 0. Jabbour asked Van Zomeren to include in resolutions boilerplate language stipulating that no additional hardcover would be allowed on these smaller lots. ( #19) PARK DEDICATION AMENDMENT - ZONING /SUBDIVISION ORDINANCE Gaffron reported that the amendment to the ordinance addresses the issue of rough proportionality, providing a basis for determining the amount of park fees in relation to the impact of both residential and commercial subdivisions on the City's parks. The ordinance establishes that there will be maximum and minimum "per dwelling " park fees established each year. Language has been added regarding how park funds can be used. Other language has been eliminated regarding minimum contributions per lot. The ordinance does not establish park dedication requirements for the development of properties absent a subdivision/PRD/PUD process. Additional discussion is required on this topic. Goetten asked where there is a problem with that issue. Barrett said the City has no authority to take park dedication in the absence of a subdivision. Goetten asked about development noting the impact of such development as Spring Hill Golf Course on parks and rough proportionality. . 24 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 • ( #19 - Park Dedication Ordinance Amendment - Continued) Jabbour said he felt if a new industrial development brings in employees, they may have lunch breaks in the parks and impact them but there is no method by which to obtain a contribution toward the park system. He asked if this could be considered a subdivision. Moorse said it would be included if was a PRD or PUD. He agreed that this needs to be reviewed. Goetten asked what can be done to change this fact. Moorse said the City needs to determine if there is any other legal trigger or authority in the Statutes. He thought a CUP may be a trigger for it. Jabbour said he visualizes some comprehensive development without subdivision on some of the larger parcels, and they would add a burden on the trail system. Flint said he had a problem with adopting the amendment without adopting a minimum and maximum. He feels this needs to be in tandem. He also noted errors in the draft. On Page 2, A and B, he asked it say "periodically" instead of each year. Under Subdivision 4, the underlined sentence regarding debt retirement. Flint said this would be used with land acquisition and not for development and improvements of trails. He asked that the language be amended to add "and debt retirement related to the foregoing ". Barrett agreed. • Flint reiterated the need for minimum and maximums. Jabbour felt the numbers were available. Gaffron said they are available but the resolution was not drafted. Barrett said there could be a problem without a resolution adopted at the time of the amendment. Jabbour suggested it be placed as the first item on the next meeting's agenda. Flint said that would present a problem if an application is submitted before that time. Jabbour said an applicant can be informed of the change being adopted. (R #20) LAND ALTERATIONS AMENDMENT - ZONING ORDINANCE NO. 171, 2ND SERIES Goetten moved, Peterson seconded, to approve Ordinance No. 171, 2nd Series. Vote: Ayes 3, Nays 0. (Mayor /Council follows Item #26.) • 25 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON MARCH 23, 1998 ( #26) DNR NATURAL AND SCENIC AREA GRANT APPLICATION - • RESOLUTION NO. 4059 Moorse reported that the DNR grant relates to a proposal by people in the Saga Hill area to submit a grant application for an additional 8.3 acres of land to be preserved as a natural area. This area would be added to the 11 acre natural area. The grant requires a 50% matching amount through private fund raising. There would be no expense to the City, but the City must submit the appiication. Jabbour reported that Flint sponsored a meeting with the Saga Hill people, who have a common interest in the land. If the grant is obtained and funds matched, the residents will secure a purchase agreement and obtain the land to give to the Land Trust who will deed it to the City. The City would then accept it with the DNR restrictions. The DNR restrictions are more liberal than those of the Land Trust. The natural preserve area will be passive in nature. The tax forfeit area will be more active. Jabbour noted that access must be provided, through the church property or otherwise. Flint asked to reinforce the positive nature of the meeting noting the need for a common vision. He indicated there were two methods for access, one using Garden Lane from the south, and one from the west using an easement through the church property. Flint proposed it be acquired through the church property with appropriate easements. The consensus was that this would be a less obtrusive access and eliminate the need for a parking lot. • Flint said the grant should be contingent on staff reviewing the application for compatibility with the City's parks and open space plan,and the City obtaining the easement access across the church property. There was no representative at the meeting from the church. Moorse indicated there were a number of conditions proposed to be placed on the easement by the church, resulting in no agreement regarding the easement. Jabbour noted that the City cannot acquire an easement if there are conditions through which the easement could be taken back. Irene Silber, West Branch Road, said she spoke with the DNR manager. There is a question of the grant monies going to metro or outstate areas. She would still like to proceed with the application. Jabbour asked that the Saga Hill people be open regarding the plan and the approach. Gary Welsh, 1214 Wildhurst Trail, said he does not belong to the church and questioned what benefit it is to the church to grant the easement. He noted there were other alternatives adding that the land would not be landlocked. Jabbour said the City is not putting the burden on the Saga Hill people to obtain the easement but felt it best to state all the objectives. • 26 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 • ( #26 - DNR Grant Application - Continued) Flint noted the perception is the City is not paying for the land but indicated that the City contributes by removing the land from the tax roll. He said there is no plan for a major ballfield but something more like Bederwood Park. He emphasized the need for access. The Saga Hill people and Council agreed that they were of the same understanding. Steve Bell, West Branch Road, asked if the City will engage in negotiations with the church for the easement if the land is purchased. Jabbour said the City would do so if the group is behind this effort. The group supported the City's effort in approaching the church. Jabbour suggested the City submit a letter with the grant that follows their comprehensive view of how the land is to be used. He felt it was important to establish an understanding that the land would not be used in an active manner. Flint moved, Jabbour seconded, to approve the City's sponsorship of the Natural and Scenic Grant Application and Resolution No. 4059, subject to staff review and moving forward with obtaining access through the church property. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT • ( * #21) MARCH FOR PARKS PROCLAMATION Goetten moved, Peterson seconded, to approve Resolution No. 4058 proclaiming April 25 -26 as March for Parks Weekend. Vote: Ayes 3, Nays 0. ( #22) PARK COMMISSION APPOINTMENT Jabbour reported that the appointment was opened for new applications; one new application was received. Flint moved, Peterson seconded; to appoint Irene Silber to the term on the Park Commission expiring December 31, 1998. Vote: Ayes 4, Nays 0. Flint suggested the remaining applications be maintained for future openings. ENGINEER REPORT ( * #23) AWARD BID FOR PARK MOWING Goetten moved, Peterson seconded, to accept the bid of $18,200 from William's Lawn • Service, Maple Grove, Minnesota, for park mowing for the 1998 and 1999 seasons. Vote: Ayes 3, Nays 0. 27 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23-1998 ( * #24) SEASONAL EMPLOYEES FOR ORONO GOLF COURSE Goetten moved, Peterson seconded, to approve a seasonal employee pay range of $6.50 • to $7.25 per hour for the 1998 season_ Vote: Aves 3. Nays 0. Goetten moved, Peterson seconded to hire the employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT ( #25) PRELIMINARY DESIGN - HIGHWAY 12 AND COUNTY ROAD 6 INTERCHANGE Moorse summarized the consensus of the Council concerning the interchange at Hwy 12 and CoRd 6. Areas were identified for more in -depth review prior to approval of the preliminary design. These five main items were reviewed as noted in the memo. Jabbour emphasized the need to make a decision in the near future. He feels some of the needs and wants are in direct conflict with the size of the project and the amount of land available. He asked Moorse to address the concerns as soon as possible for preliminary approval. He noted these same issues occur elsewhere in the road system. Moorse said he reviewed the items with Denny Eiler. He said it is important that the • design speed of the "S" curve matches the design speed of the roadway at each end. It is designed at 40 mph, which matches the design speed of the planned reconstruction of CoRd 6 to the west. Mn/DOT is looking at a 4 lane bridge and could possibly include in their plans the free right turn at the top of the loop from westbound new Highway 12 to westbound County Road 6. Regarding the free right turn to eastbound new Hwy 12, Eiler said a right turn structure could be added. Moorse said Eiler is reviewing the traffic projection. The current traffic counts will be conducted next week. Goetten said the main concerns were voiced by Kelley. She did not believe any were so important that they would result in changing the basic configuration. She emphasized the need to move quickly to get on board with what is occurring. Goetten said the interchange will be refined further. The design review committee would like to show Mn/DO'1' where the City is at regarding the plan. The timeline for the preliminary approval is moving forward faster than decisions are being made. She would like to see the information at the next meeting. C� 28 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 . • ( #25 - Hwy 12 and CoRd 6 Interchange Design - Continued) Flint questioned whether the preliminary design could be approved at this time or if further discussion is required. Jabbour was concerned with wanting a perfect plan and felt some of the needs and wants might be unattainable. Flint said the information provided satisfied him noting it can be refined further at a later time. It would also basically be a conceptual approval. Flint moved, Jabbour seconded, to instruct the committee to take this preliminary design forward for the interchange of CoRd 6 and Hwy 12 granting conceptual approval. Jabbour suggested that any Council member, who wishes to work on the plan, meet with Mn/DOT, Eiler, and Goetten to keep the process moving forward. Vote: Ayes 4, Nays 0. ( * #27) RESIGNATION OF PLANNING INTERN Jabbour expressed his appreciation for the excellent job performed by Bressler during his employment with the City extending his best wishes for the future. • Goetten moved, Peterson seconded, to approve the resignation of Brad Bressler from the Planning Intern position, effective April 2, 1998. Vote: Ayes 3, Nays 0. ( * 928) PROPOSAL TO HIRE FULL -TIME STAFF PERSON IN BUILDING AND ZONING DEPARTMENT Goetten moved, Peterson seconded, to approve the addition of a full -time Zoning Administration Assistant position to be placed into the City's pay schedule at Level 6, and to amend the 1998 General Fund budget to increase expenditures and revenues by $6,000. Vote: Ayes 3, Nays 0. ( * #29) AUTHORIZATION TO REFUND PARK DEDICATION FEES ON THE WITHDRAWN SUBDIVISION APPLICATION AT 809 BROWN ROAD NORTH Goetten moved, Peterson seconded, to approve a refund in the amount of $6,200 to Dennis L. Platteter. Vote: Ayes 3, Nays 0. ( * #30) AMENDMENT TO INDUSTRIAL MORATORIUM ORDINANCE - ORDINANCE NO. 172, 2ND SERIES Goetten moved, Peterson seconded, to approve the adoption of an amendment to the moratorium ordinance providing for exemptions from the moratorium. Vote: Ayes 3, • Nays 0. 29 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 ( * #31) INVESTMENT REPORT FOR THE YEAR ENDED DECEMBER 31, 1997 (INFORMATION ONLY) • No action required. ( * #32) RECEIPT OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORT -1996 FINANCING REPORT (INFORMATION ONLY) No action required. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #33) LICENSES Goetten moved, Peterson seconded, to approve the following licenses: Vote: Ayes 3, Nays 0. Special Event Permit Gear West 5 Kilometer Running Race Route: Start at corner ot'Brown Road • North and Orchard Lane and end at same location. April 4, 1998 from 8:00 a.m. -9:00 a.m. Norwest Bank Minnesota, N.A. 18th Annual Norwest Half Marathon Route: Lake Street to Ferndale Road to CoRd 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to CoRd 51 to CoRd 19 to Northview Road to Lake Road to CoRd 15 to Old Beach Road to CoRd 19 to George Street to Water Street May 3, 1998 from 8:00 a.m. to 11:00 a.m. ( * #34) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. • 30 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 0 ADJOURNMENT is It Jabbour moved, Peterson seconded, to adjourn at 12:16 a.m, Vote: Ayes 4, Nays 0. Gabriel bbour, Mayor ATTEST: . C�-" Lin Vee, City Clerk 31