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HomeMy WebLinkAbout08-10-1998 Council Minutes0 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ROLL 3 The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten and Charles Kelley. Council Member Richard Flint arrived at 7:13 p.m. Council Member Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaon, Planner /Zoning Administrator Elizabeth Van Zomeren, Director of Public Services Greg Gappa, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Items 8, 9 and 10 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. ( #2) NAVARRE WATER TREATMENT PLANT REHABILITATION • A. ASSESSMENT HEARING 7:05 P.M. - 7:18 P.M. Mayor Jabbour explained the need for rehabilitation of the Navarre Water Treatment plant. A public hearing was held last fall to receive input from the residents and answer questions regarding the proposed rehabilitation project. Residents were supportive of the project and the project has moved forward. Tom Roshar of Bonestroo Engineers reviewed the project noting the following points: • Water quality at the Navarre plant currently meets all EPA primary drinking water standards. • Some discoloration can be caused by iron (red) and manganese (black) found in the water. • Diagrams of how the water plant operates, a filtering system and softening unit were presented. • Planned improvements were listed including the overhaul of electrical and mechanical components. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #2) NAVARRE WATER TREATMENT PLANT REHABILITATION - ASSESSMENT HEARING - continued The proposed project schedule was discussed, with construction to be complete by May 15, 1999. Financing of the project totaling $764,000 will be from three sources: 1) Assessments = $290,500 $350.00 per residential unit with a maximum of 5 units per commercial property 2) Cash Reserves from the Water Fund = $200,000 3) Internal Loan Building Fund = $273,500 A map of the assessment area was also projected. Mayor Jabbour noted that currently the plant is manually regenerated to treat water, which causes inconsistencies in softened water. In the new plant, water would be automatically treated according to water usage. Public Comments Kevin Rodewald, 2293 Shadywood Road, asked how many units were included in the project. Mayor Jabbour responded there were 830 units with commercial properties paying up to 5 units. Tammy Liljenquist, 3525 Lyric Avenue, questioned how funds were used from water fee payments. Mayor Jabbour explained that the payments are used toward water plant maintenance, but the water funds are not sufficient to cover the maintenance costs. Kelley added that the $200,000 from Cash Reserves that will be used for the project is from the water fee payments. The City is also gradually increasing the water rates to cover the costs of water plant maintenance. Tammy Liljenquist asked how the residents would see the assessment. Mayor Jabbour replied that the assessment would be added to the property tax statements. The first payment would be due in January of 1999 and would be payable over 5 years with an interest rate of 6.5 %. Kelley added that the homeowner would have the option to pay the assessment in full at City Hall with no interest charged within 30 days of the assessment hearing. 0 2 • 0 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #2) NAVARRE WATER TREATMENT PLANT REHABILITATION - ASSESSMENT HEARING - continued Tammy Liljenquist asked if the water pressure would improve as she lives only a block from the plant and has experienced low pressure. Mayor Jabbour suggested that she check the pressure with a pressure gauge to determine if the pressure is lost before or after water enters the house. Gappa commented that water pressure should be at approximately 60 pounds. Mayor Jabbour explained that if anyone wanted to object to the assessment, they must do so in writing prior to closing the assessment hearing. No written objections were received. B. ADOPT THE NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT ASSESSMENT ROLL - RESOLUTION NO. 4138 Kelley moved, Goetten seconded, to approve Resolution No. 4138 adopting the Navarre Water Treatment Plant Rehabilitation assessment roll. Vote: Ayes 4, Nays 0. • C. AWARD CONTRACT FOR REHABILITATION OF NAVARRE WATER TREATMENT PLANT - RESOLUTION NO. 4139 Goetten moved, Kelley seconded, to approve Resolution No. 4139 awarding the contract for the rehabilitation of the Navarre Water Treatment Plant to Shank Constructors, Brooklyn Park, Minnesota in the amount of $636,600.00. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF JULY 27,1998 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of July 27, 1998. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS There were no comments. 3 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE Commissioner Hawn had no comments. PUBLIC COMMENTS Gary O'Keefe, 1392 Baldur Park Road, requested an amendment to his building plan that was approved at the July 27 Council meeting to include a patio . He proposed to reduce the 3 car garage to a 2 car garage, with a full storage area beneath the garage, to allow for the addition of a patio. Gaffron commented that the revised plan seemed to meet the intent of the previous resolution. He further explained that hardcover would be reduced to allow for a patio by reducing the size of the driveway and some rooms in the house, as well as the elimination of a garage stall. Goetten expressed concern about the proposed lower level storage area. Gaffron responded that no hard surface was proposed in front of the storage area. It would be accessed by a side service door and would be used for storage of lawn mowers, snowmobiles, etc. 0 Kelley requested that the resolution include language stating that no future drive to the lower level • storage area would be allowed, as well as no increase in hardcover. Gaffron agreed to amend the resolution approved at the July 27 meeting, and place the amended resolution on the August 24, 1998 Council agenda for final Council approval. Jabbour moved, Kelley seconded, to reconsider Application #2370 for Gary O'Keefe for the property located at 1392 Baldur Park Road. Vote: Ayes 4, Nays 0. Jabbour moved, Kelley seconded, to amend Resolution No. 4128 to include the following: Elimination of the third garage stall. Patio to be allowed. No drive will be allowed to the lower level storage area. - No future variances will be granted. - Upper level garage will be limited to two stalls. - Lower level storage area will be for cold storage only. - The revised proposal meets the intent of the original resolution. Vote: Ayes 4, Nays 0. 4 is • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ZONING ADMINISTRATOR'S REPORT (#4) #2388 W. WYATT MOE,1220 LOMA LINDA AVENUE AND 1230 SPRUCE PLACE - VACATION - RESOLUTION NO. 4140 Mr. and Mrs. Moe were present. Kelley noted that a number of utilities were involved with the right -of -way vacation and wanted to verify that the City had the appropriate easements. Mayor Jabbour explained that the application was a housekeeping item. The vacation had been approved in 1979 but the process was not properly completed. The problem was discovered during a title registration process. City Attorney Barrett commented that the form of the resolution may change, subject to the City Attorney's opinion. The Attorney's office is in the process of confirming that the street can be vacated within a statute which allows the City to retain the easements, both for the City and public utilities, and vacate the street. Gaffron explained that Minnegasco requested that the vacation resolution include language reserving an easement specifically for Minnegasco. NSP presented to the property owners a separate easement document to be executed upon completion of the vacation. Gaffron suggested that all easements be accomplished through the resolution, if possible, rather than two separate documents. The City Attorney will confirm the procedure within the next two weeks. Goetten moved, Kelley seconded, to adopt Resolution No. 4140 vacating unimproved portions of Portland Place within the plat of "Saga Hill Revised ", subject to the City Attorney's review with the appropriate easements. Vote: Ayes 4, Nays 0. Mrs. Moe asked how soon they could expect an answer as they cannot homestead the property until the title is clear. Mayor Jabbour responded that it should be within two weeks, and technically, the vacation is approved, subject to the City Attorney's opinion regarding easements. 0 5 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #5) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 4141 Mr. and Mrs. Kail were present. Van Zomeren reported that the application is for a hardcover variance to construct a double car garage. The applicants also own the adjacent lot. A shed on the property will be removed and has not been included in hardcover calculations as it was not shown on the survey. There was no record of a permit for the shed. Planning Commission recommended that the garage be reduced to meet the 10' side and rear yard setback requirements. Hardcover would increase from 39.4% to 40.1% where 30% is allowed. Mayor Jabbour questioned if the shed appeared to have been added in the last few years. Van Zomeren responded that the shed was in good condition but it was difficult to determine how long it may have been on the property. Jabbour thought it could be legally non - conforming. Kelley moved, Flint seconded, to adopt Resolution No. 4141 granting variances to permit the construction of a 14' x 20' garage located at 2917 Casco Point Road. Vote: Ayes 4, Nays 0. ( #6) #2394 C. PEARSON COMPANY, HAVING AN INTEREST IN 2697 KELLY AVENUE • - VARIANCE Mrs. Birnbaum, owner of 2697 Kelly Avenue, was present. She stated that the applicant had withdrawn the application and no longer intended to purchase the lot. Mrs. Birnbaum expressed concern with information the City was providing in response to inquiries about the property. She felt staff was responding negatively to development of the property even though it had been approved as a buildable lot. Mrs. Birnbaum also objected to a letter received from James Berg. She felt the Bergs, because of the location of their property, had the advantage of using this vacant lot as a lake lot while someone else paid taxes. She also noted that Jan Berg is a member of the Planning Commission and shouldn't be allowed to vote on the matter because of a conflict of interest. A third issue Mrs. Birnbaum addressed was the status of Lydiard Avenue and if it was considered a road. Kelley asked when the Birnbaum's bought the property and if they were aware of the restrictions on the property. Mrs. Birnbaum replied that it was bought in 1988 and she thought they had read the resolution. is 0 • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #6) #2394 C. PEARSON COMPANY, ILA VING AN INTEREST IN 2697 KELL YA VENUE - continued Jabbour suggested Mrs. Birnbaum meet with staff to discuss potential building on the lot since the lot is very restricted and a minimum amount of hardcover would be allowed. Van Zomeren verified that Lydiard Avenue is platted as a street but is not open for use as a road. She explained that the applicant tried to request a side yard variance and curb cut off of Lydiard to reduce the amount of hardcover in the driveway. Van Zomeren informed the applicant that a building would have to meet the 35' setback for a side yard adjacent to street, regardless of whether or not Lydiard Avenue was open. Jabbour noted that Orono is one of the few cities in Minnesota that file property restrictions through resolutions on deeds. A title search would provide these restrictions to new owners. Mrs. Birnbaum stated it was not her place to withdraw the application since Mr. Pearson is the applicant, but she wanted to address her concerns to Council since she is the property owner. • Kelley Moved, Flint seconded, to deny Application #2394 requesting variances to construct a new residence on the property located at 2697 Kelly Avenue. Van Zomeren asked Council if time limits apply with denial of the application since she has had numerous inquiries about the property. Jabbour responded that the 6 month time limit would apply only to the current applicant and not to the property. He also noted that no motorized vehicles were envisioned to be allowed to use Lydiard Avenue. Van Zomeren reiterated that the property was allowed 700 s.f. of hardcover for the driveway with a total of 2,000 s.f. of hardcover for the property, per Resolution No. 3997A. Kelley noted there were other issues with the property such as the fence. Vote: Ayes 4, Nays 0. ( 97) 1998 MARINA LICENSES Gaffron reported that Orono has five commercial marinas. Annual license applications and fees are submitted in February, with an on -site review early in the summer. He noted the August 7, 1998 Request for Council Action lists the seven conditions each marina is required to follow, as well as some of the issues specific to each marina. Staff recommended approval of marina licenses for • Windward Marina, Genmar/King's Cove, Sailor's World, and North Shore Marina, with conditions placed on the license for Lakeside Marina. 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #7) 1998 MARINA LICENSES- continued Gaffron commented that a complaint had been received against Lakeside Marina regarding the use of the adjacent property as overflow for customers of the marina; i.e. walking dogs, parking cars, working on boats, etc. A second complaint related to site lighting needs to be addressed. Gaffron indicated that the neighbor has suggested a fence could solve some of the trespassing problems. Gaffron noted that a fence would be allowed in the B -2 district, but is not specifically allowed in the 0 -75' zone without Council approval. Fence height is limited to 6' along the lot line and 3% in the 30' front yard setback. Gaffron asked Council to consider the following: Whether a fence should be allowed along the east lot line to prohibit trespassers and/or provide screening, and at what height. Completion of a landscape plan that has been in the process for 15 -20 years. The marina owner has indicated he is willing to complete the landscape plan. Lighting should be relocated, redirected or shielded so that it does not affect the 0 adjacent property. Because of the layout of the marina and docks, boat traffic encroaches the dock use is area of the adjacent property. The LMCD has been contacted and should follow -up on this complaint. Jim Dunn, owner of Lakeside Marina, stated that staff comments were accurate. He did not agree with all of the neighbor's issues. Mayor Jabbour asked about the berm that was proposed with the Waade subdivision application. Waade responded that he and Dunn were unable to agree and he suggested a fence, possibly 8' high. Waade indicated his major concern was trespassing from the marina. He stated he was willing to put a fence and screening on his property but also wanted the marina to do the same thing to control trespassing. Dunn agreed that construction of a fence could be included as a condition of the marina license. Waade asked to see plans of the proposed fence. He also noted concern with parking of boats at his property line, since they are required to be 10' off the property line. Kelley asked if Waade and Dunn agree on the property line. Waade responded that he has a survey on record at the City. Kelley suggested that surveys of both the marina and Waade property be compared so that both parties agree on the property line and no work is done in the wrong location. • 8 • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #7) 1998 MARINA LICENSES -continued Mayor Jabbour stated that a permit would be required for a fence and a survey would be required with the application. Gaffron suggested that the lot line be staked by the surveyor for either Waade or Dunn, with the other party agreeing to the location. If there is disagreement, the surveyors will need to determine the correct lot line. Dunn noted that the existing stakes were placed by his surveyor. Mayor Jabbour suggested that Council approve the marina license for Lakeside Marina with some of the conditions discussed. He indicated that parking and trespassing issues may be ongoing problems, and should be addressed with staff and the police. Waade asked for a deadline date for completion of the fence. Kelley commented that the fence should be constructed within the City standards. He did not favor • an 8' fence and would like to see it as low as possible. Mayor Jabbour suggested that Waade and Dunn continue to work on a berm even though other conditions may be agreed upon. Gaffron asked for clarity from Council on the height of the fence and how close to the lake and road it should be constructed. If a fence is not allowed in the 0 -75' zone, this may not solve the trespass issue. He noted that Council approved a fence for the DNR and felt it may be acceptable for commercial property to have a fence to the lake to protect both properties. Jabbour agreed. Kelley was opposed to a fence in the 0 -75' zone. Goetten asked about plantings to the lake rather than a fence. Gaffron responded that there were two issues. One is screening because of the visual view from a residential to commercial property. The other issue is trespassing. An 8' high screen fence solves both issues. A 6' high fence that doesn't go all the way to each end would help the screening but doesn't solve the trespassing issue. Goetten indicated she would support whatever was best for both property owners. Gaffron suggested a 6' fence between the 75' lake setback and the 30' street setback line, and from there a height that would prohibit people from walking between the properties. The lower height would not provide screening or visible encroachment. 0 9 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #7) 1998 MARINA LICENSES- continued Mayor Jabbour commented that plantings would probably not survive in the 0 -75' zone because of the lakeshore activity. He felt if Dunn provided a fence in the 0 -75' zone and Waade also did some plantings, the burden could be split. Dunn suggested that he and Waade meet again to discuss the options. Jabbour noted the berm was already approved and could still be constructed. Waade requested that Council act on the fence solution since he questioned if an agreement could be reached with Dunn. Waade indicated there may be an issue with dollars spent to address the problems for Dunn. Mayor Jabbour suggested Council act on all the marinas except Lakeside Marina. Goetten moved, Kelley seconded, to approve the 1998 commercial marina licenses for Windward Marina, Genmar/King's Cove, Sailor's World and North Shore Marina. Vote: Ayes 4, Nays 0. is Flint indicated that he would prefer a fence all the way to the lake because there is a history of • difficulty between the property owners. He recommended a 4' fence from the road to the 30' street setback and in the 0 -75' setback zone, and a 6' high fence between those two areas. Kelley expressed concern about the sight lines at the curve in the road if a fence were constructed. Gaffron agreed that there could be a problem. He noted that he has worked with Dunn over the years to keep boats at a low profile to be able to see across the top of the boats in the southeast corner of the marina. Dunn noted that the Metro pump station is located in the area with a blacktop strip up to 100' into the property to serve the pump station. Kelley commented that bringing a fence all the way to the road would, in effect, shelter the marina from the pump station, so the fence could be stopped at the 30' street setback. Flint commented that a 4' fence would not obstruct a great deal of vision. He added that the fence would provide a physical barrier to keep boats from encroaching on the adjacent property. He commented that fences make good neighbors. Gaffron suggested the height of the fence in the 30' setback be left to staffs discretion regarding sight lines for entering and exiting the property. 10 0 . ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #7) 1998 MARINA LICENSES- continued Flint moved, Goetten seconded, to approve the commercial marina license for Lakeside Marina with the following conditions: 1. A 6' fence would be allowed between the 0 -75' lakeshore setback and the 30' street setback. 2. A 4' fence would be allowed in the 0 -75' setback. 3. Height of the fence in the 30' street setback would be left to staff s discretion with appropriate sight lines to be the main consideration. 4. Fence to be constructed prior to October 31, 1998. Dunn suggested the City contact the Metro pump station personnel regarding snow plowing practices, as they have used the area for snow removal and a fence could cause a problem. Gaffron asked Council if they wanted to add any controls for visual appearance of the fence. Kelley commented that he would prefer a brown wooden fence, not a metal chain link fence. Goetten agreed. Dunn indicated that he also preferred a natural fence. Waade agreed with the natural fence. • Gaffron referred to the lighting issue. He noted that lighting is currently on two NSP poles and NSP is considering burying the lines. If lighting is placed on the marina building, lights would shine towards the adjacent property. Shielding has been discussed to alleviate the lighting issue. 9 Waade asked if the marina would be required to do plantings to screen the boats. Mayor Jabbour did not think the plantings would be realistic because they would not survive. He felt the fence would take the place of plantings. Gaffron added that the landscaping plan with plantings has been difficult to maintain, with approximately 1/4 of the plantings remaining that were required on the original plan. Kelley suggested the marina try to keep as many of the existing plants as possible during fence construction. Dunn noted that a few arborvitae and other plantings remain but sewer construction took many of the plantings. The power company also cut back the tops of many of the trees in the spring. Those plants that remain are relatively healthy. Vote: Ayes 4, Nays 0. Mayor Jabbour thanked Mr. Dunn for his cooperation. Goetten.commended Gaffron for his work with the marina owners in accomplishing the goals of the City for marina operations. 11 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 MAYOR/COUNCIL REPORT Mayor Jabbour reported that he had a successful meeting with some Minnetonka residents regarding a potential public access in the Gray's Bay area. He shared Orono's experiences in working with the DNR on the Maxwell Bay access. The DNR, Hennepin County Public Works, LMCD and the MCWD were also represented. He will forward a copy of the minutes of the meeting to the Council Members. Mayor Jabbour reported on his conversation with the Hennepin County Public Works Department regarding a potential frontage road along County Road 15 to solve the Woodhill Country Club access issues. It would be difficult to fit a frontage road along the Highway. Moorse added that the County has suggested an engineering consultant with expertise in the design of frontage roads may be able to develop a solution that would work in this restrictive area. • Goetten commented that a light was needed to stop traffic on Highway 15 so that cars from the side roads could get onto the highway. Although Orono Orchard Road has been discussed for a stoplight, sight lines may not work there. She suggested County Road 15 and 51 as a possibility for a stoplight. Kelley asked what a stoplight would cost. Mayor Jabbour responded that the City would only be • responsible for half the costs of the right -of -way acquisition for a stoplight on County roads. City Engineer Kellogg thought the cost would be $225,000 - $500,000. Mayor Jabbour asked Council if they thought it was appropriate to pursue the issue of stoplights. Flint responded that he did not think the City was receiving sufficient creativity from the County and suggested contacting a consultant or holding a public hearing. He would favor working with a consultant. Goetten commented that a. light should have been considered with the upgrade of County Road 15 as traffic will continue to increase, especially with the upgrade of Highway 12. Mayor Jabbour suggested contacting a consultant. Kelley indicated he would prefer to see how the traffic on County Road 15 flows once the reconstruction is completed. Goetten didn't think the City could wait until next spring to begin working on a stoplight. 12 • 0 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 MAYOR/COUNCIL REPORT - continued Moorse commented that the County has indicated that a frontage road would be the responsibility of the City. Gappa indicated that a semaphore on two County roads such as 15 and 51 may be done as a County project. Council agreed that traffic counts at Orono Orchard Road would probably not warrant a light at that intersection. Flint commented that a light at County Roads 15 and 51 would be somewhat helpful but that the upgrade of Highway 12 would generate heavy traffic down Orono Orchard Road to County Road 15. Kelley noted a light would only help eastbound traffic in the morning at Orono Orchard Road. Goetten agreed but felt a consultant may have other ideas such as metering traffic at various times. Kelley suggested the City have either Bonestroo or SRF look at options for a frontage road for County Road 15. Moorse commented that the County should be contacted about the possibility of stoplights on County Road 15. • Mayor Jabbour suggested the City get an objective opinion about traffic flows from County Roads 15 and 51 to Ferndale Road. Goetten added that the City should have a plan to present to the County. Kelley commented that Spates Avenue would need to be closed if a stoplight was installed at County, Roads 15 and 51. Council directed staff to pursue traffic control options for County Road 15, and develop a recommendation for a consultant. ENGINEER REPORT ( * #8) APPROVE QUOTATION FOR REPAIR OF SALT SHED ROOF Goetten moved, Kelley seconded, to approve the Quotation from Ebert Construction in the amount of $10,070.00 for repair of the salt shed roof. Vote: Ayes 3, Nays 0. • 13 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( * #9) APPROVE FINAL REQUEST FOR PAYMENT OF GOLF COURSE IRRIGATION SYSTEM Goetten moved, Kelley seconded, to approve the Request for Final Payment for the golf course irrigation system to Evergreen Sprinkler Company for $1,825.18. Vote: Ayes 3, Nays 0. City Engineer Kellogg distributed preliminary plans for the Ferndale Road upgrade project. Flint asked if the road had been staked. Kellogg responded that the road had not been staked but explained that the trail would be F in from the existing power poles on the Plymouth side, and the edge of the new road on the Orono side would coincide with the existing road on the Orono side. Kellogg confirmed the new road is basically within the existing pavement. Kellogg commented that there would be a widening at the County Road 6 intersection with right and left hand turn lanes for northbound traffic and one southbound lane. The intersection will be built up higher to improve sight lines. 0 Kelley asked if there would be any improvements on County Road 6 for a turn lane for eastbound traffic turning south on Ferndale Road. Kellogg responded that there were no improvements planned • for County Road 6. Kelley requested that the trees be marked that will be removed. Kellogg responded that the trees could either be physically marked or they could be marked on a set of plans. Kelley asked who marks the tree so that contractors don't remove the wrong trees. Kellogg replied that silt fence is typically installed to control drainage which also reminds the contractors not to go beyond the silt fence. The engineers would also be on -site to work with the contractors. Flint questioned if the preliminary plans could be shared with other interested residents. Kellogg confirmed that they were fairly accurate, with some construction notes missing, and could be shared. Mayor Jabbour asked if the Engineer has had any further conversations with NSP regarding undergrounding the power lines. Kellogg responded that he had left a message. Flint asked about the timing for the project. Kellogg responded that the plans were submitted for review to both cities and hoped to receive comments within two weeks. The plans would then be submitted to the State. Approval from the State takes approximately 1 month. It appears that the project will begin in the spring of 1999 and will be completed in the 1999 construction season. Kellogg also gave an update on the Heritage Drive sewer project. The sewer along County Road 15 • is in place and the directional boring has begun on Heritage Lane. Open cutting will begin this week. The project should be completed this fall so residents could hook up to sewer before winter. 14 0 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 CITY ADMINISTRATOR'S REPORT ( * #10) REAPPOINTMENT TO LAKE MINNETONKA COMMUNICATION COMMISSION Goetten moved, Kelley seconded, to extend the appointment of Fred Blanche as an alternate City representative on the Lake Minnetonka Communication Commission through January 11, 1999. Vote: Ayes 3, Nays 0. ( #11) DESIGNATION OF MCWD LIAISONS Moorse explained that the MCWD would designate one of their board members to serve as a liaison to the City. He will verify who that liaison will be. Greg Gappa and Mike Gaffron will be staff liaison. Council will make a final decision as to who the Council liaison will be at their next Council meeting. Flint indicated an interest as a liaison. ( #12) REPORT REGARDING IMPACTS OF RIGHT -OF -WAY ACQUISITION FOR NEW HIGHWAY 12 ON INDIVIDUAL LOTS • Moorse explained that Mn/DOT is working on right -of -way acquisitions for the new Highway 12 corridor. Gaffron has prepared an analysis of how the parcels in this corridor could be affected by right -of -way acquisition. Once the right -of -way has been taken, some lots may not be considered buildable under current zoning standards. Council will need to consider what criteria should be used to determine if a lot would be buildable, or if it would be considered legally non - conforming. Available septic sites will be a key issue in the determination of whether a parcel can remain as a separate lot. Gaffron distributed an updated report. Kelley questioned the possibility of sewering some of the properties in the corridor. A sewer line could be constructed along the side of Highway 12 and connect to the existing interceptor. Kelley stated that the residents were entitled to a house even if the area remaining after acquisition was less than 2 acres. Jabbour indicated that Mn/DOT needs to decide if they want to do a "whole" or "partial" taking in the right -of -way acquisition, and they have asked for input from the City. Kelley suggested that Mn/DOT be informed that the lots are in a 2 acre zone. If the right -of -way acquisition leaves a lot with less than 2 acres, Mn/DOT should take the entire lot. 15 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #12) REPORT REGARDING IMPACTS OF RIGHT- OF- WA YACQUISITION FOR NEW HIGHWAY 12 ON INDIVIDUAL LOTS -continued Moorse commented that Mn/DOT would agree to a total taking if the lots would still be considered buildable because they don't want to lose the entire value of the house. Jabbour noted this would leave the lot legally non - conforming. Kelley commented that a total taking would be the best solution for the residents. This would give the homeowner an option. Jabbour added that if a primary and alternate septic site was not available, the property would have to be combined with an adjacent property to be considered buildable. Mayor Jabbour indicated that if the City pursued a sewer line, it would be at the City's expense with no help from Mn/DOT. Kelley questioned how small a lot could be before it would be considered unbuildable. Goetten agreed that a primary and alternate septic site would need to be available, as well as other typical requirements such as a well. Lots could vary in size and still meet many of the required building standards. Council was reluctant to set a minimum lot size (such as under 1 acre) that would be considered non - conforming and unbuildable. • Mayor Jabbour stated that Mn/DOT should be informed that any lot less than 2 acres would be considered non - conforming, and every lot must have a primary and alternate septic site. Gaffron agreed with Council comments. He also felt each lot would need to be reviewed separately for buildability. Mayor Jabbour asked about the status of requests by Orono property owners for hardship acquisitions. Moorse responded that a letter had been sent to Mn/DOT identifying several properties interested in hardship acquisitions. ( * #13) LICENSES There were no licenses. ( * #14) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. 16 • 0 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10, 1998 ( #15) WAIVER OF PLANNING COMMISSION REVIEW OF CONDITIONAL USE PERMIT FOR CIVIL DEFENSE SIRENS Moorse explained that the installation of the sirens requires a conditional use permit. Typically a conditional use permit requires Planning Commission review, and their review would not be completed until October. Moorse suggested that Council hold the public hearing at their next meeting to expedite the siren installation. Kelley moved, Goetten seconded, to waive the Planning Commission review of the conditional use permit for the installation of two civil defense sirens, and to schedule the public hearing on the conditional use permit for 7:00 p.m. on Monday, August 24, 1998. Vote: Ayes 4, Nays 0. ( #16) HIGHWAY 12 NOISE/VIBRATION STUDY - RESOLUTION NO. 4142 Kelley moved, Jabbour seconded, to adopt Resolution No. 4142 authorizing a consulting engineering agreement with HDR Engineering, Inc. to conduct a noise and vibration study for the Highway 12 corridor project. Vote: Ayes 4, Nays 0. • Goetten asked when the study would begin. Moorse responded that he did not have an exact date. Mn/DOT needs to have their cooperative agreement executed which will take 1 -2 weeks. The study should be completed within 6 weeks of the execution of the cooperative agreement. CITY ATTORNEY REPORT Attorney Barrett requested an Executive Session to discuss pending litigation. ADJOURNMENT Flint moved, Goetten seconded, to adjourn the meeting at 9:24 p.m. ATTEST: Linda S. Vee, City Clerk 17 abbour,