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HomeMy WebLinkAbout02-20-1997 Council Minutes Special MeetingMINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 ROLL The Orono City Council met on the above date with the following members present: Mayor Gabriel Jabbour, Councilmembers J. Diann Goetten, Barbara Peterson and Richard Flint. Councilmember Charles Kelley was absent. The following represented City staff. City Administrator Ron Moorse, Assistant Planning and Zoning Administrator Michael Gaffron, Planner /Zoning Administrator Liz Van Zomeren, Director of Public Services Greg Gappa, City Attorney Tom Radio and Recorder Lin Vee. City Engineer Shawn Gustafson was also present. The meeting was called to order by Mayor Jabbour at 8:00 a.m. Mayor Jabbour stated this meeting is a continuation of discussion from the February 10, 1997 Council meeting regarding approval of the EAW for the Spring Hill Golf Course. The meeting is to identify any additional environmental issues or concerns that should be included in the EAW as well as to make any changes or corrections to the language in the EAW. Gaffron noted that the EAW process is concurrent with the City's review process for variance and conditional use approvals. Moorse referred to the memo dated February 18, 1997 regarding staff suggestions for potential • changes or additions to the EAW. The applicants noted they were basically in agreement with the memo. Items to be changed were discussed as follows: 1. Big Woods. An area of 43 acres of a big woods remnant is involved in the project. It is relatively close to two other big woods areas. Wolsfeld Woods is approximately 3/8 mile away and Wood Rill is approximately 3/4 mile away. Before and after acreages of the big woods should be included. 50.3% of the big woods will remain with 49.7% being eliminated. A map showing the size of the area and proximity of the golf course compared to the Wolsfeld Woods and Wood Rill areas should also be attached. Goetten questioned moving fairways to leave more of the woods while considering the wetlands. The Gustafson memo refers to mitigating the impact on the big woods and should be considered somewhere in the process. Jabbour did not feel it should be in the EAW as other agencies may think this would happen when, in fact, mitigation may not be possible. Goetten thought including mitigation in the EAW would be appropriate as it is a concern to be addressed. Moorse noted the current EAW makes reference to limiting the impact and language could be added for potential items to consider, including the items noted in Gustafson's memo. is 1 MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 0 Jabbour expressed concern over reaction from the DNR regarding mitigation. He questioned the laws Orono has in place to enforce mitigation and did not want the DNR to assume that Orono would take care of all mitigation. Gaffron noted that Orono currently does not have a tree preservation ordinance. If one is adopted, it would not necessarily affect this project. He added that while Orono protects certain wetlands, the Watershed District also has authority over wetlands and would have a review process of their own. It was noted that the EAW is a factual document. Flint commented that the developer would be considering all possibilities during the 60 days allowed for review. Jabbour cautioned against confusing the EAW and permitting processes. He added that conceptual approval of the project does not mean that all variances requested would be granted. Flint added that any change to the current plan will have an impact somewhere else. Goetten expressed concern over the lack of verbiage in the document regarding the big woods and felt accurate detail of what exists should be included in the EAW. Tom Crosby, representing the applicant, noted the EAW has two functions: • 1) to determine if an Environmental Impact Statement is needed, and 2) to determine whether the project can be modified. Modifications could be included as permitting conditions. Other organizations and private individuals could then come forward with ideas on how to modify the impact, including the City of Orono. The applicants stated they had no problem with any of the language in paragraph 1 of Moorse's memo. Although the wording may not be exactly the same, the context would not change. Other agencies are obligated to respond to the EAW, for some agencies it is mandatory. Gaffron suggested mitigation not be included in the EAW but become part of the conditional use permit/variance review process. Braman noted that a response must be given to all comments received after publication of the EAW. Jabbour stated that the applicant should be aware that Council, Planning and Park Commissions, as well as the community, will be looking for further mitigation of the big woods. Flint noted that the EAW already included comments that movement of animals through the area would not be impeded. He felt it should also be part of the CUP. is 2 MINUTES OF THE SPECIAL COUNCIL MEETING • HELD FEBRUARY 20,1997 2. Historical resources. Staff feels this concern has been addressed in the EAW. 3. Designated parks, recreation areas or trails. The EAW should indicate that Wolsfeld Woods and Wood Rill are located in close proximity to the golf course. This may be included as part of the big woods section. Trail plans should also be included for Orono, Medina and Hennepin County as they relate to the vicinity of the golf course. Braman noted that the answer to the question about trails and recreation areas in proximity to the site is "no ", but a question such as "Are there any plans ?" could be added. Flint felt Wolsfeld Woods should be considered as a recreational area in close proximity. Braman responded that Scientific Nature Areas are technically not considered recreation areas by the DNR. Jabbour noted the "spirit of Orono" is passive parks and therefore Orono would consider this a recreational area and requested this be changed in the EAW. 4. Other unique resources. Yes, the existence of the 42 acre big woods remnant can be restated. 5. Solid waste, hazardous waste and storage tanks. Additional information should be included about above ground storage tanks for the refueling area for golf course equipment. Detail will also be part of the City's review process. • 6. Impact on infrastructure and public services. Moorse noted that although no major improvements such as sewer, water, new or expanded roads will be required, two roads may require potential significant repairs or major structural rehabilitation when traffic levels increase. Both Spring Hill Road and East Long Lake Boulevard are built on questionable soils and were built assuming low traffic levels. The fact that additional traffic will probably result in the need for repairs should be included in the EAW. The applicants agreed. Flint commented that the proposed access would encourage use of Spring Hill Road. The left turn off of County Road 6 should be considered. Crosby noted that most of the rush hour traffic is over by 8:00 a.m. and most of the traffic using the golf course will be after the morning rush hour. Current plans are to have golf play begin after 8:00 a.m. Jabbour commented that the City's position has been that any additional impact on roads would be the applicant's responsibility. 7. Traffic. Moorse referred to page 4 of his memo indicating traffic impacts, in terms of capacity, are not expected to be significant adding that the City Engineer has been reviewing the traffic impacts. Some recommendations made by Gustafson are that current and projected traffic volumes be included in the EAW, a left turn lane on County Road 6 be considered and further investigation of traffic levels is needed. The applicant noted that is information on traffic levels is currently included in the Appendix. MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 • Gaffron noted that Hennepin County Department of Transportation will be reviewing the EAW and will also address the traffic issues. Gustafson added that the Tamarack and County Road 6 intersection is a safety consideration. There may need to be some safety improvements such as turn lanes. This should be part of the CUP review process. Flint requested that "no impact" be changed because there will be some impact. Braman responded that on page 15, the Conclusion does not say there will be "no" impact but that it is "not significant ". Gustafson commented there was no discussion about safety. Moorse suggested wording that would include "no significant increase regarding capacity but the potential need for upgrades and safety improvements ". Braman responded that other sections regarding infrastructure would refer to the issues of road quality and safety. Flint pointed out that Question 29 states that no improvements or additional infrastructure will be required off -site. Moorse responded there would be changes in the response. Braman noted that soil borings will be done to study the structural integrity of Spring Hill Road. • 8. Water quality - wetlands. Moorse questioned changes that could happen to the wetlands. He felt the applicant had responded adequately, and the agencies reviewing the EAW will have enough information provided in the EAW. 9. Water quality - use of pesticides. Moorse suggested the Pest Management Plan be included in the EAW but questioned how much detail was necessary. Braman commented the reviewing agencies would understand the Integrated Pest Management practices and would not need further description. This plan describes the process of when chemicals are applied. Since the EAW is also to put the public on notice, it might be beneficial to include a brief description of Pest Management practices. Goetten questioned how citizens would get a copy of the EAW. Gaffron responded that the project proposers would be providing numerous copies to the City and libraries. Citizens could check out a copy from the City offices for a short period of time. Flint suggested that Long Lake water quality information be added. Braman responded that the Summary describes water as it currently hits the site and as it is projected to leave the site. Flint added that since 1992 the water quality has been substantially improved and the 4 is MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20, 1997 latest data should be included. Braman commented that Long Lake is essentially outside the study area however, water is sent down to Long Lake which is why it is included in the water quality evaluations. Flint noted the public has spent a lot of money on this project, $2.2 million, and will want to be sure water flows are consistent with other areas. City Attorney Radio made the following recommendations for changes: 1. Page 3, Paragraph 9 - "in accordance with the City of Orono's Comprehensive Development plan" is true but rest of sentence should be omitted as the City is not in a position to make that statement. 2. Pages 14 -16 - Traffic area needs to be reworked. 3. Page 15, Question 25 - "Construction activities are not expected to generate unusual or excessive volumes of noise." Compared to the tranquil setting that now exists, noise will be noticeable. "Construction" should be added before "noise ". 4. Page 18, Question 30 - Last sentence should be removed. The City is not in a • position to make that statement. Summary Paragraph - First sentence should be removed. Add statements regarding concerns of big woods and mitigation. Jabbour asked for public comments. Dick Krueger, 1175 Willowbrook Drive, questioned the detention pond planned to the north of his property. A dike is to be placed to back up 1 -1' /z' of water. He feels the wetland character will be altered and will be significantly drier after the dike is in place. Jabbour asked Radio about public comments once the EAW is published. Radio responded that comments would be solicited and submitted to the City. Then there will be a public hearing by the City Council to determine whether an EIS will be necessary. The public will have an opportunity to give input after the EAW is published and during the permitting process. Krueger asked how he and others like himself are made aware of all the meetings regarding the golf course. Jabbour responded that adjacent owners are typically notified of the first public hearing as well as any continuations. After that, interested parties have some responsibility in following meetings as they are scheduled. However, he felt in large projects more notifications would be appropriate. Gaffron added there would be a press release as part of the distribution of the EAW. • 5 MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 Moorse stated the Council agendas are now published in the paper. Goetten commented that the next newsletter should also have information regarding the golf course. Notices of all public meetings are posted at City Hall and the post offices. Krueger was also concerned about the process of tree removal as the golf course is constructed. Oak wilt has been a problem in some areas and he stated that the period from April - July is a dangerous time to cut and trim oak trees. He would like those involved with this project to be aware of the possibility of transmitting oak wilt. Liz Hawn, 625 Spring Hill Road, commented that she and her neighbors would prefer that Spring Hill Road not be made "too good" so as to limit speed and usage. Jabbour expressed concern over the business plan of the applicants. He asked how the City could control future expansions or change. Moorse responded that the conditional use permit will be reviewed as a private course and will list a number of conditions of approval. A second option would be requiring another EAW if significant changes were proposed, such as change to public use. Jabbour asked that it be noted that the City supports the proposal under current conditions. He was concerned that the applicants may find that their business plan does not work in a few years and would want to change the use. Braman agreed to expand the description to address this concern in t the EAW. Gaffron explained that the EAW must be submitted to the EQB by March 3 to make the March 10 publication date. Flint stated he would prefer to vote on the changes after reviewing the final document. Jabbour suggested conceptually approving the changes and then Councilmembers could review and respond individually if they did not agree with the language. Flint noted that they would not need to see the entire document again but only the first 20 pages. Goetten had additional questions. She requested an acreage breakdown be included of the Spring Hill Conference Center and the north area with jurisdictional boundaries of Orono and Medina. She also asked for clarification of "no winter activity ". If there was any cross country skiing or use of the facility in the winter, it should be explained in this process. Crosby responded that the business plan is for a small, private golf club. He stated it would be conceivable to have a members' dinner at some time but no major winter activity is planned. Another concern Goetten noted was regarding the proposed tunnel under County Road 6 and if enough information was included in the EAW. Braman responded that all of the activity related to the tunnel would have to be approved by Hennepin County. Safety issues, traffic speeds, etc. are design issues and will be addressed by the County in their approval process. Gustafson added that a potential problem would be the closing of County Road 6 during actual construction. A detour would need to be provided. 6 • MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 Crosby stated that they would like to see this move forward and would not object to attending Monday's Council meeting. He suggested putting this on the agenda so it could legally be discussed at the meeting if necessary. Flint reiterated that he would like to see the final changes and the Council could have another special meeting in a week if necessary to give final approval. Braman stated the only changes to the Appendixes would be the addition of the map Moorse submitted and updating the water quality data. Moorse added that a notice would have to be published on Monday to hold another special Council meeting. If Councilmembers were able to approve the final version at the February 24 Council meeting, the special meeting could be cancelled. Jabbour informed Councilmembers that he would be unavailable for meetings next week but a quorum would still exist for a meeting Friday morning, February 27. It was moved by Jabbour, seconded by Peterson, to conceptually approve the EAW, and to continue this item to the February 24 Council meeting, and to direct staff to make changes, with final approval after the document is reviewed by Council at the February 24 Council meeting, and to schedule a special Council meeting for February 28 at 8:00 a.m. in case the EAW is not in acceptable form for approval at the February 24 meeting. Vote: 4 ayes, 0 nays. ADJOURNMENT The meeting adjourned at 9:41 a.m. Gabri Jabbour, Mayor C, is 7