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HomeMy WebLinkAbout03-10-1997 Council Minutes• 40 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 10, 1997 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Administrator MiichaeI Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 6:33 p.m. ( #1) INTERVIEW OF PARK COMMISSION CANDIDATES Candidates were interviewed for the two vacant positions on the Park Commission. Candidates were informed that the interviews will continue to the March 24 Council meeting with selections made in April. The candidates were informed that there were many qualified candidates and asked for their continued civic involvement if not chosen at this time. Candidate, Van Erickson, expressed the need to view the big picture. He envisions a mix of recreational facilities and open space to fill the need of the many young families coming into Orono. Erickson feels the community needs to be researched to determine the needs. He believes the needs of the community are not indicative of the parks at the present time. Erickson is on a community education task force reviewing recreational facilities and the needs of the City and surrounding communities. He feels there is the need for more facilities but not necessarily in Orono itself. He feels he can assist in developing relationships to meet the community needs. Erickson said fund raising was a way to raise finances. He would like to see improvements made at the current parks rather than adding new parks. Erickson said he was able to see beyond the single issue of athletic needs. He would like to see improvements made at Hackberry voicing safety concerns regarding the player benches. He cited Bederwood as a beautiful example of a park. He would like to see a mix of uses at that park. Candidate, Shelly Liljequist, is a 4 -year resident and considers herself having environmental concerns. She has not read the Comprehensive Plan or reviewed Park Commission meetings but said she has followed the activities of the Council. Liljequist said she would like to see upgrading of the ball fields at Bederwood and improvement in equipment. She believes compromise is necessary to serve the groups with conflicting needs. Liljequist said park financing could be obtained through operating funds and by charging fees. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 (Park Commission Candidate Interviews - Continued) 0 Candidate, Irene Silber, is involved in environmental groups through her work for the Wilder Foundation and association with the Saga Hill Preservation Society and Minnesota Land Trust. While gaining interest in the Park Commission through her activities with Saga Hill, Silber said the needs of all the residents need to be considered. She felt other communities could be a source of information. She would like to see Bederwood Park put to greater use. She believes in synergy through public and private relationships. Silber said the good of all needs to be considered when making determinations between the conflicting need for open space and recreational facilities. Candidate, Patricia Affeldt, reported being active in her church and school activities. When asked how she would deal with the conflicts regarding facilities to meet the needs of four school districts. Affeldt said she would determine what people want, see what reality would allow, and find a middle ground solution. Affeldt has read and is familiar with the Comprehensive Plan and Park Survey. She feels Baker Park is a community park for Orono. She believes the City should use the facilities available and keep them updated and acquire land if need be. Affeldt said the majority rule should determine use. While not for higher taxes, she feels a referendum might be required to finance the park needs. Affeldt said the issues should be brainstormed. Candidate, Richard Meyers, related the many various environmental groups he has been involved with and the results. He has experience with comprehensive planning. Meyers said if people believe in a plan, the money can be found to see it to completion. Meyers would like to see improvements made at Navarre Park. He would like to see recreational facilities within walking distance of homes. He would like to see a balance struck between the naturalistic system in place in Orono and the recreational needs. He cited involving citizens as a source of funding and dedication of parks and equipment as incentives. Candidate, John Thimmesh, has a history of working in youth hockey and is currently retired. He is working with his neighborhood towards the goal of improving Antoine Park. He would like to see new equipment installed. Thimmesh said the citizens can be involved in fund raising through contributing their manpower in installing equipment. He sees an ice rink as a positive factor for the park. Candidate, Andrew Roningen, said he has found through his work in marketing that people can do alot more with alot less than is believed. He is on the Casco Point Association. The people enjoy the natural state of the area but would enjoy exercise facilities. He agrees with the Comprehensive Plan. He believes access to parks is important but not necessarily by adding parking lots. He said people can be made aware of parks through use of newsletters and brochures. Roningen said the people on Casco Point are not aware of the Casco Point Beach. He is satisfied with the ice rink. He likes • the parks used by neighboring residents. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 . (Park Commission Candidate Interviews - Continued) Candidate, Peter Welles, participated in initiating the use of the golf course for winter activities. He said he prefers open space and trails. He has been involved with open space through development projects. He would like to see improvements made at the old Council chamber site to better serve those residents. He believes the public and private sectors can be tapped for funding and with Park Dedication through development. He is not familiar with the Comprehensive Plan or survey. He believes the Council should set the tone for the Park Commission, who carries out the interests of the Council and implements the strategy. Welles believes zoning alternatives should be considered such as clustered housing with use of dedicated open space. (The meeting was recessed from 8:10 to 8:18 p.m.) ( * #2) CONSENT AGENDA Items #9 and 15 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. (Flint was not present in the Council Chambers at the time of this • agenda item.) APPROVAL OF MINUTES ( * #3) SPECIAL MEETING OF FEBRUARY 20, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Special City Council Meeting of February 20, 1997. Vote: Ayes 4, Nays 0. ( * #4) REGULAR MEETING OF FEBRUARY 24, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of February 24, 1997. Vote: Ayes 4, Nays 0. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 PARK COMMISSION COMMENTS • Commissioner McDermott reported that the 1997 Park Conuvission Agenda was being reviewed and would be a two year agenda. The final draft of the Park Inventory would be available in April. The Commission is in the process of developing a list of identified open space for possible park use. The Park Tour will be in June. The Commission would like to have representation on the Hwy 12 Design Review Committee. McDermott said the bike /hike trail should be completed to the Teen Center this year. The Commission asked Moorse to follow up on the trail agreement with Hennepin Parks. McDermott reported that a needs assessment is being developed. The concept plan for the play ground equipment at Antoine Park has been recommended for approval. The Commission would prefer the buildings on the park land be demolished. They are awaiting grading and site work. Jabbour asked McDermott if the Commission foresees a work session with the Council. McDermott said they did. Jabbour urged the Commission to consider fund raising options. PLANNING COMMISSION COMMENTS Commissioner Hawn had no comments to add to their report at this time. PUBLIC COMMENTS • There were no public comments. PUBLIC HEARING - 8:00 P.M. ( #5) BAY RIDGE AND HARTWOOD NEIGHBORHOODS - SANITARY SEWER INSTALLATION PROJECT - RESOLUTION NO. 3849 - 8 :27 -9 :00 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Gaffron said the public hearing is the first formal hearing on this project and is required prior to plans and specifications being ordered. Neighborhood informational meetings have been held. Gaffron said there is a general understanding by the residents of the need for the sanitary sewer project. Tom Kellogg of Bonestroo was present to present the feasibility report in regards to layout, impacts, cost, and scheduling. 1 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 • ( #5 - Bay Ridge/Hartwood Sewer Project - Continued) Kellogg reported that the 8 properties in the Bay Ridge Neighborhood had requested sewering and the Hartwood area was being included because the trunk facilities will serve both neighborhoods. The design of the sewer includes the use of gravity down to the proposed lift station for connection to the force main. The design as laid out is a result of the topography in the neighborhood. The design addresses to the potential future need for sewer to the Hartwood property. If the lift station was moved to the north, service to the Hartwood properties would require an additional lift station. The estimated project cost totals $240,638. The breakdown includes sanitary sewer laterals at $84,968, and trunk facilities at a cost of $155,670. The laterals would be paid for by the 8 properties in Bay Ridge and the trunk costs split between the two neighborhoods for a total unit cost of $20,351. The cost per service using the alternate design would be $20,035. The total costs is based on the City providing interim financing of approximately $78,000 until the Hartwood area receives sewer service. The schedule for the severing of the Bay Ridge and Hartwood neighborhoods calls for plans and specifications in May, 1997, bids and assessment hearing in June, contracts awarded in July, with construction completion in October. The meeting was opened to public comments. • Bruce Boni, 2050 Shoreline Drive, resides in the Hartwood neighborhood. He said the neighborhood was informed that their area was not considered significant for sewering and would not be considered for such for 8 -10 years. He said he was then contacted in January regarding the immediate possibility of sewering. Boni said he has a relatively up- to -date mound system, and it has a projected life expectancy of 30 years. He feels the cost of the project could be reduced by eliminating the sewer lines from entering his property. Boni said the sewer project should not include Hartwood. Jabbour informed Boni that the neighborhood was not identified as high priority for sewering but was included in the "10 hot spots" and would be considered for service last on the list or first if all the residents requested it. Jabbour said it was his understanding that the residents of Lots 1 -8 (Bay Ridge) requested sewering and would be willing to pay the assessment. He noted that the Head property in Hartwood had a high water table and the need was shown to extend the sewer to that property. Jabbour said the City was attempting to take a proactive step by providing the sewer. He noted the properties would share in the cost of the force main. Gaffron indicated that 7 additional properties to the south of Mr. Boni likely will someday require an alternate to septic systems, and the issue has become how soon these properties in Hartwood will need the sewer. The septic inspector, Steve Weckman, has . determined that 2 -3 properties will have problems finding alternate septic sites. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 2997 ( #5 - Bay Ridge/Hartwood Sewer Project - Continued) • Goetten inquired how much acreage was contained on these lots. Gaffi-on said the lots were between 1.5 and 2 acres. Boni said he found it difficult to believe that these large properties had no alternate sites. Jabbour informed him that the data shows otherwise. Boni said he did not want a lift station on his property. He believes planning should have occurred before digging up again for the sewering. He noted that the original plan calls for the sewer line to run down along the railroad tracks which would be less expensive. Kellogg responded that the location for the sewer line was determined because of the topography and problem with grading. He also said the alternate force main location farther north would not decrease the cost and would only save on the length of the force main. Jabbour said the cost of relocating the lift station in the future also needs to be considered. It was determined that the cost savings by locating the lift station on Lot 7 would be about $7,500. Kellogg informed Jabbour that the cost to relocate the sewer in the future to serve the Hartwood neighborhood would require another lift station at about $120,000- 150,000. Boni responded that the need would not occur for another 20- 40 years. Jabbour informed Boni that any damage to his property would be corrected. Goetten inquired if any of the other Hartwood neighbors were present. There were none. Jabbour indicated that Mrs. Head had sent letters regarding the need for sewer. Kelley noted that since there was no road platted in the Hartwood neighborhood, the lots were actually smaller than shown due to the driveway. Gaffi-on said the road easement is approximately 40' and the paved width at this time is approximately 20'. Kelley asked Kellogg why the alternate design is not a logical option to serve the Head property. Kellogg said the topography does not allow for a gravity system. Houses 1 -8 would require grinders. He did note that the alternate design was a possibility for the Bay Ridge neighborhood if a lift station was added. Harlan Olson indicated that it would be difficult to obtain an easement from the railroad. Gaffi-on also noted that in speaking with the residents of the Bay Ridge area, they wanted reasonable connection and reasonable cost. The residents preferred the sewer to run along the lake side of their properties. Goetten asked that the acreage figures for the lots in the Hartwood neighborhood be obtained. She cited an example of sewering larger lots in the Stubbs Bay area that were on the lake. Goetten acknowledged Boni's concerns but noted the need to address the issue of lacking alternate septic sites. Gaffi-on indicated the acreage amounts of these properties were in the MUSA amendment report. E 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 • ( #5 - Bay Ridge/Hartwood Sewer Project - Continued) Jabbour reminded the Council the City has included large lots on the last five projects around the lake. He also noted that the projects are done only if the neighborhood is favorable to the assessment. He reminded the Council that the motion was only to allow the plans and specifications to be ordered. Gaffron added that there were 3 -4 meetings with the Bay Ridge neighbors as well as on -site meetings and no disagreement was voiced to the project. Boni suggested the project include Bay Ridge only and Hartwood added when found to be necessary. Kellogg indicated the elevation and location were issues. Access is also an issue as the lift station will require maintenance. If it was located along CoRd 15, there would be a concern for the safety of the workers. Boni suggested the other option of the back side of the lots. Kellogg said easements would be required as it is a private road and the residents preferred the lake side location. Jabbour suggested the specifications be ordered while asking Staff for additional information regarding requirements and cost of the Hartwood area to eliminate speculation. The audience was polled for the number of Bay Ridge residents present. It was found that 4 out of 8 were present. All were in favor of the sewer project. • The public hearing was closed. Kelley moved, Goetten seconded, to adopt Resolution No. 3849 ordering preparation of plans and specifications to the Bay Ridge/Hartwood neighborhoods. Staff was directed to provide data on sewering of the Hartwood neighborhood to include information on the primary and secondary sites for each lot, condition of each septic, and costs involved. The Bay Ridge residents present confirmed their recommendation for the sewer to run along the lake side of their properties. They indicated acquiring easements, tearing out the road, and with the depths as noted, it would be impractical to consider the west side alternate. Vote: Ayes 5, Nays 4. PUBLIC HEARING - 8:15 P.M. ( #6) BRACKETTS POINT NEIGHBORHOOD - SANITARY SEWER INSTALLATION PROJECT - RESOLUTION NO. 3850 - 9:00 -9:29 P.M. The Certificate of Mailing and Affidavit of Publication were noted. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( 96 - Bracketts Point Sewer Project - Continued) • Tom Kellogg of Bonestroo indicated that two options were considered. The recommended design provides a gravity sewer to all properties except Lot #11 as the elevation does not lend itself to this type of system. Lot #11 would require a grinder pump. The location of the lift station was noted, which would then pump the sewage to the metro force main. The alternate design would include a force main to all the properties on the point to Lot #4. The remaining lots on the point would require grinder pumps, which would pump the sewage back to the lift station on to the force main. The cost of this option would be $400,516 versus the preferred design cost of $424,789. The number of units to be served is still in question due to the needs of a particular property. The cost for 15 units would be a unit cost of $28,319. The grinder alternate design would result in a $26,701 unit cost but would not include the operation and maintenance of the grinder pumps. While the initial cost of the grinder pump is included, the operation, maintenance, and replacement is the responsibility of the property owner. The schedule for the Bracketts Point neighborhood would be the same as noted for the Bay Ridge neighborhood. Gaffron indicated that initially all but one property owner voiced approval of the project. The other property owner has since been conferr ed with and has expressed no objection. Jabbour asked if the cost was determined by the zoning, potential housing, or the existing • housing. Gaffron said it was based on the existing conditions. He indicated there is only one property that could be subdivided. If any changes are made to the number of units, it will be known prior to the assessment hearing. Kelley inquired about the reconstruction cost of the private road. He was informed that the City maintains the majority of the road which is public and, thus, is not a factor in the cost. The hearing was opened for public comment. Doug Schmitt, 1476 Shoreline Drive, is owner of Lot #11. He asked for information regarding the maintenance of the grinder pump and if there was any extra assessment for it. He also questioned whether he had the option of hooking up to sewer at a later date. Gaffron informed him that with the size of his lot no alternate site available, he would not have the preference of waiting. He indicated the initial pump is provided and any replacement pump is paid for by the property owner. Pumps are expected to last 5 -10 years. Jabbour noted the importance of installing a check valve on the grinder pump. Kellogg explained the operation of the pump. Harlan Olson indicated the pump would be located between the current septic tank and the house. Jabbour informed Schmitt of the ability to obtain more favorable financing during the initial sewering as opposed to waiting. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 • ( 96 - Bracketts Point Sewer Project - Continued) Eric Beringause, 1489 Shoreline Drive, property owner of Lot #13, inquired about the connection for lower and upper septic systems. Gaffron indicated the connection for sewer would be at the property line, and the resident bears the cost of connecting from the house to the property line. Janet Kiernan, 1491 Shoreline Drive, property owner of Lot #14, inquired when the neighborhood meetings were held. She was informed that they occurred prior to her purchase of the property. Kiernan had concerns with how the sewer project would affect the improvement projects underway on her property. She was informed that she will have access and experience perhaps one day where access may be a problem when the driveway is being torn up for sewer installation. She noted that she was moving the location of her driveway. Gaffron said the City would coordinate the coinciding projects with the engineers. Kiernan should not experience any problem with extending her permit if necessary due to the sewer project. Gaffron indicated that Kiernan will be asked where she would prefer the connection to sewer be made. It was noted that a 20' separation will be required between the air - tested sewer line and well. If the sewer line is not tested, a 50' separation is required. The need to coordinate the County project of overlaying CoRd 15 with the sewer project was noted. Moorse will work with the County in this effort. Harlan Olson indicated that • the sewer will not be located in any of the blacktop portion of the road but in the right - of -way. Kiernan asked when the easement requirements will be known. Olson said it would occur in May when the final design is completed. Schmitt inquired about the financing. Jabbour said the assessment hearing will answer financing questions. The financing will depend on the prevailing rate and extend for a 15 year time period. Jabbour reiterated that the project will only occur if there is a favorable reaction toward the acquisition of easements and assessment. The public hearing was closed. Flint inquired whether the property owner of Lot #5 understands the need to pay for 3 sewer units. Gaffron said the discussion has not included the number of units but the property owner was party to the initial request for sewering. He indicated that according to the assessment policy, the guesthouses would be a fractional portion of the amount, and the resulting number of units would be in the range of 2 or 3 for that property. Jabbour asked Staff to send results of this hearing to all of the property owners so there is an understanding of the impact of the project. The information will be sent to the • property owners affected by both agenda items 5 and 6. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( #6 - Bracketts Point Sewer Project - Continued) • Kelley moved, Goetten seconded, to approve Resolution No. 3850 ordering preparation of plans and specifications for the Bracketts Point sewer project. Vote: Ayes 5, Nays 0. ZONING ADMINISTRATOR'S REPORT ( 0) #2202 COUNTY ROAD 15 RECONSTRUCTION - VARIANCE /CUP - APPROVAL Gaffron reported that the application is for variances and conditional use permit for the reconstruction of County Road 15 for the alteration of existing wetlands and the filling of City protected wetlands, filling of designated flood plain areas, and filling in excess of 100 cubic yards. The Planning Commission recommended approval while voicing related concerns regarding mitigation outside of the City of Orono, specifically the allowance of mitigation payment by Hennepin County Dept. of Transportation to the MCWD for the regional pond ng in Excelsior. Gaffron noted that any delays in the project would result in the project not occurring in this calendar year. Public benefit has been shown for the reconstruction to occur in 1997. Gaffron reviewed the areas of wetland to be filled. This includes 1.2 acres of DNR wetland and 1.1 acres of other wetlands protected by the Wetland Conservation Act. This includes the areas between the road and railroad. There will be 10' of additional pavement to the north of the existing road resulting in a significant acreage being filled. i 1.3 acres of the mitigation for the DNR wetland will occur in the Painters Creek area of Independence. The 1.1 acre is subject to MCWD authority. The flood plain filling is mainly within the project including some ditching and removal of the Ferndale cutoff and reverting that area to flood plain and wetland area. Because the project is within 1000' of Lake Minnetonka, it is subject to Shoreland Regulation. The hardcover amounts increase from 5.2 acres to 7+ acres. This was a major concern to the Planning Commission. The effect of controlling hardcover on residential properties within the shoreland area greatly diminishes when considering the effect this one project will have on hardcover. Joel Settles and Guy Knowlan of Hennepin County were present to answer any questions. Jabbour inquired if the topography was sloped so to result in the runoff being directed to the Ferndale Cutoff instead of Lake Minnetonka. Knowlan said the slope is to the north side of the roadway. There is one portion with a culvert. Several areas will be rerouted and treated prior to entering Lake ; Mnnetonka. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 0 ( #7 - 92202 County Road 15 Reconstruction - Continued) Jabbour suggested a letter be sent to the MCWD regarding the setting of a precedent in mitigating outside of the City. He recommended a work session be considered to discuss the issue with the MCWD. Jabbour noted the need to complete the agreement with the MCWD. Moorse indicated the relationship to the stormwater management plan and its completion. When regional ponds are identified and mitigation occurs in Orono, the plan will have identified sub - regional ponding in Orono. Kelley suggested that the project might need to be postponed for this calendar year. Moorse responded that the amount contributed is small in terms of the cost of building a regional pond. He was informed that only two cities have stormwater management plans. While Excelsior has not completed their plan, the location has been identified for a regional pond. It was noted that the City is receiving contributions toward ponding with the MCWD ponds under construction currently in Orono. Kelley asked if an EAW is required for the road reconstruction. Knowlan indicated that most roads require an EAW when wetlands are being impacted. Kelley asked why the County has waited until this time to notify the City of the need for the EAW when they knew one would likely be required. Gaffron indicated that the DNR comments to the County noted the impacts to Ferndale Marsh required the EAW. Kelley said he was in disagreement with the philosophy of the writer and reviewer (RGU) of the EAW both • being the County. Gafrron noted that the EAW recently seen for the Spring Hill Golf Club is more extensive than what is normally seen. He said he personally does not feel there is a conflict with the preparer and reviewer being the same party as the document is sent out to many agencies for their comments. Jabbour added that permits are also required, regulating the result. 0 Gaffron indicated that the resolution prepared for adoption includes information and findings that caution the applicant of its tentative state of approval since the EAW process is incomplete. Radio confirmed that the approval would be conditional. He indicated that as a policy guideline, it is not a good practice to grant approval under such conditions. Goetten said the Council should be consistent, and approval should not be granted until the EAW has been completed. Flint indicated the project will have a significant impact on Lake Minnetonka with the substantial increase in hardcover and is concerned that the project will result in the reduction of wetlands without mitigation within Orono. Flint noted there were areas where he felt mitigation could occur, and he felt the EAW should apprise the City of such mitigation sites. Jabbour said the project was a matter of public safety. He agreed that the City should not make a policy of approval prior to the completion of the EAW. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( #7 - #2202 County Road 15 Reconstruction - Continued) Joel Settles explained where the mitigation would occur. The stormwater treatment would occur in the Excelsior pond. The wetland mitigation would occur at Painters Creek. The other mitigation is under the jurisdiction of the State and would occur at a 2:1 ratio in an undetermined location_ The flood plain mitigation will occur on site. Goetten inquired about the mitigation ratios. Settles said the DNR requires 1:1 replacement which will occur in Independence and approved by the MC-VVD. The Wetland Conservation Act requires a 2:1 replacement. The City does not have requirements in place regarding replacement ratios. Jabbour indicated that the CUP relates to the movement of earth and not to mitigation. Gaffron noted the City has a prohibition of filling wetlands but has no standards developed and follows the standards developed by other agencies. Jabbour asked the Council to indicate to the County their opinion for or against the project. Kelley said he was in favor of the project. His concern regards the lack of informing the City about the requirement of an EAW. Discussion then centered on this lack of communication. The County representatives said they were unaware that the City was not familiar with the EAW requirement for such projects. It is a typical procedure • followed by their department. It was noted that two comments have been received to date regarding the document. The comment portion of the process closes on March 12. Jim Grube and Vern Genslinger of Hennepin County DOT have the authority to sign the EANV. Knowlan said re, along with two other people, write the EAW and make recommendations. Flint expressed his concern that the County viewed only a narrow corridor and did not consider all of the options in the design to minimize wetland impacts. Jabbour noted that even with 100% treatment, mitigation was still required. Gaffron said the County does not own the land necessary to make such changes. Knowlan also indicated that elevations are a concern. Settles noted that the County had to show evidence that there was no ponding site available before the contribution was allowed by the MCWD toward the regional ponding. Flint asked what information will be seen as a result of the EAW. Settles said the comments received indicate the Met Council saw no need for an EIS. The Pollution Control Agency encouraged the County to review ways to treatment stormwater.. Settles said the MCWD reviews their needs in the planning stage rather than through the vehicle of the EAW. 0 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 0 ( #7 - #2202 County Road 15 Reconstruction - Continued) Goetten asked who the City would speak with regarding the process and asked why the City was not considered when going through the process. Knowlan said he would have to take the responsibility. Goetten suggested the City be notified of the format taken by the County. Settles suggested the City also provide the procedural list. Jabbour noted that the data provided could assist the City through their process. Peterson asked if there would be a time schedule ramification if an EIS was required. Knowlan said it would affect the project by about a year. He noted that they have never been asked to perform an EIS as a result of such a project. Peterson was informed that the project date to begin construction was July 15. Gaffron inquired about the time frame for publishing results of the EAW and what effect the lack of approval at this meeting would have on the schedule. Jabbour indicated that the City Attorney has advised the Council not to grant preliminary approval but to wait until the EAW process is completed. Radio clarified that the definition of completion of an EAW would be when the RGU makes the determination that an EIS is not required. Settles indicated that the bidding does not occur until all of the permits are received. Jabbour questioned the distinction between public and private roadways. He noted that the County designed the plans as directed by the City. Knowlan indicated bids must be • taken in April to meet the July 15 deadline. It was determined that signature of the EAbV document could be made within 1 -5 days after the close of the comment period; that date would be March 17. Jabbour asked the Council if they would support the project if the EAW was approved. Kelley said he would support the project as long as the EAW results were favorable. Flint asked if there was anything the County could do from an engineering standpoint to lessen the impact on Lake Minnetonka. Settles said no given the site constraints. Knowlan indicated that private property would be further impacted if the road was moved to the south. Flint suggested moving the road closer to the railroad. Knowlan explained the clear zone requirements which the County and Railroad both have. Settles said the gain would only be a foot. He also indicated that there will be a larger improvement to water quality by contributing to a regional pond. Kelley added that the telephone poles were also an issue. Knowlan indicated the poles from Woodhill to the east will be removed and the cable buried. NSP has decided to move the poles to the west of Woodhill to the south side. Goetten asked if the County has obtained a signed agreement with the Railroad in regards • to easements. Knowlan said the agreement is not expected until June 1. He noted that it is not necessary to have acquired all of the easements prior to the start of the project. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( #7 - 92202 County Road 15 Reconstruction - Continued) • Jabbour said he did not see the need to require the mitigation in Orono as the sites in Excelsior and Independence would benefit Orono. In regards to the potential concerns with granting conditional approval prior to EAW completion, Radio informed Jabbour that there might be no benefit in distinguishing between public and private projects as a private resident would say there is no difference. It was recognized that the County will have 3 -30 days, or between March 15 and April 15, to make their determination from the comment reporting end of March 12. Jabbour moved, Peterson seconded, to continue the agenda item to a Special Council Meeting to be held on April 1, 1997 at 8:00 a.m. Vote: Ayes 5, Nays 0. Settles asked Gaffron to check for the information required by the Council. Kelley asked if an EAW would be required on CoRd 6 reconstruction project. The County representatives will verify and report to Gaffron. Radio said the County is put on notice that the EAW approval would be required to obtain the permit. ( #8) #2206 ELAINE AND STEVE SILUS, 3235 CASCO CIRCLE - VARIANCE - • RESOLUTION NO. 3851 Silus asked for clarification of 91 in the conclusions of the resolution. He questioned the timing of the hardcover removals. Silus asked that the temporary storage facility and unattached garage be allowed to remain during construction. He said he would remove those structures when the project is completed. The Council agreed with the request. Jabbour informed Silus that he would not obtain the occupancy permit until the structures were removed. Kelley moved, Peterson seconded, to approve Resolution No. 3 85 1. Vote: Ayes 5, Nays 0. ( * #9) #2210 KENT E. AND SUSAN SWANSON, 3229B CASCO CIRCLE - VARIANCE - RESOLUTION NO. 3852 Goetten moved, Peterson seconded, to approve Resolution No. 3852. Vote: Ayes 4, Nays 0. ( #10) #2187 DONALD AND ROBIN HELGAGER, 3625 SIXTH AVENUE NORTH - VARIANCES /CUP - RECOMMENDATION FOR DENIAL Neil Heupel represented the applicants. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 14, 1997 • (#10 - #2187 Donald and Robin Helgager - Continued;) Gaffron reported that the Planning Commission reviewed the revised application and recommended denial. The variances are a result of the shape and size of the lot and setbacks for an addition to the west end of the residence, a new attached garage, and an attached guest house with additional garage. The detached garage is to be removed. The residence is located on Lake Classen requiring a 150' setback, which is met by the existing residence with the existing garage at 123'. The revised plan proposes the residence and garage at 126' setback. The existing east side setback is 27' for the house and 7' for the garage, which will be removed. There is a 5' separation proposed from the house to the east lot line. The proposed street setback is 24' -where 50' is required. The average setback as defined by the house to the east is encroached to a lesser degree at 80' but no encroachment is allowed. The CUP is for a guest house. An approval was granted last year for a lesser variance that did not include the guest apartment. Gaffron indicated that the Planning Commission's recommendation for denial was based on the following specific reasons: The need for setback variances to support the proposed guest apartment use suggests that use is not appropriate for the site. The separated garages as proposed yield the appearance of a two -unit dwelling in this single famil y zoning district. The hardships are self - created, i.e., the need for the magnitude of variances requested is a direct result of a proposed additional use on the site rather than a substantial hardship to the property. If approved, the resulting structure would be out of • character with the majority of other homes on CoRd 6 in regard to proximity to the road. 0 Gaffron cited other factors which may have entered into the recommendation: The DNR recommended denial of the lake setback variance as it is a self- created hardship. The limited building envelope would be significantly encroached upon. The 5' east side setback previously approved was justified by a finding that no additions to the west were feasible due to the limited building envelope. There is a lack of an alternate drainfield site, though no additional bedrooms over the design capacity are requested. Heupel responded to Gaffron's comments. He said the applicant does not agree with the hardships being self - imposed. The required setback at the time the property was purchased by the Helgager's was 75' but now has 1300 s.f. of buildable land. When the Shoreland Ordinance was adopted, the building envelope was reduced rendering the property basically unbuildable. The plans for any addition would require variances, and the proposed revisions are closer to CoRd 6 due to the lake setback. Heuvel said the plans have gone through several design changes, and neither he or the applicant view any further changes without a significant cost. Jabbour, while commenting that he agreed with the comments regarding the lot, reported that the Planning Commission was willing to work with the applicant regarding the issue of the separated additional garage and were not asking that the 1300 s.f be adhered to. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( #10 - #2187 Donald and Robin Helgager - Continued) • Goetten said she would support the setback variances but was concerned with the second garage in the rural residential area. She asked that the garage be changed. Heupel noted the change to the garage proposed by Commissioner Hawn for a possible tuck -under garage. This idea had not been proposed as it would require two accesses off of CoRd 6. Peterson said she concurred with the comments made by Goetten regarding the second garage. Heupel was informed that the Council agreed with the conclusions made by the Planning Commission and a denial would eliminate any further review of an application for a six - month period. Jabbour suggested the applicant may want to table for further review. Heupel was asked if he would waive the 60 day requirement for a decision for action. Heupel agreed. Heupel asked for clarification that the applicant would be allowed to encroach the 150' setback from the lake in order to pull the garage back from the street. Goetten indicated that two driveway accesses would not be allowed. Hawn suggested the garages be combined into a triple garage and pulled back behind the • residence on the east side which would more easily accommodate the guest house. Heupel said this suggestion was a good possibility. Kelley inquired if the representative had the legal authority to extend the application through a waiver. Radio said he would have to have power of attorney, which Heupel does not. A letter was to be obtained by Tuesday, March 11, from Mr. Helgager. The Council reiterated that all three garages must be combined. Goetten moved, Peterson seconded to continue the application conditioned on the waiver being provided by March 11. If the waiver was not obtained by that date, the application would be denied. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT ( #11) INTERIM LIBRARY SERVICE DURING IMPROVEMENTS TO THE RIDGEDALE LIBRARY Jabbour reported that the Ridgedale Library will be closed for rehabilitation for a two - year period. There have been no special provisions made for the Long Lake and Maple Plain Libraries. He asked the Council to support a letter requesting that the library staff would be reallocated to those libraries. • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 is (Mayor /Council Report - Continued) Kelley questioned whether the library hours of operation or number of employees would change. Jabbour said no changes are expected. Moorse will send a letter requesting expanded local library service. ( #12) SEWER CAPACITY /SEWER AVAILABILITY IN THE HIGHWAY 12 AREA Jabbour said he attended the meeting held on February 27 regarding the future plans of the Orono Schools in regards to sewer capacity and availability. With 75 units available and 55 allocated to the North Long Lake project and 12 to the Ice Arena, only 8 units remain. Additional units will be obtained when the sewer line is enlarged but the occurrence of that event happening is based on the Hwy 12 project being completed or an alternative. Flint asked if this meant that another school cannot be built until the highway is built and additional units obtained. Jabbour said other options for sewer expansion are costly. Jabbour said it would be premature to suggest any solutions at this time. The highway project is not slated to begin until at least the year 2001. • Kelley noted projected changes to the Hwy 12 /Old Crystal Bay Road intersection and the possibility of sewer connection by properties in the North Brown Road area. He said it would make sense for all of the area to be sewered. Moorse said the sewer is there but lacks the capacity. Goetten noted with the escalation of costs, the best timing for sewer expansion would be when Highway 12 is reconstructed. Jabbour requested the City Attorney to review the legal issues related to bringing sewer to two -acre properties. Kelley said input from the Watershed District gives support to two -acre density. Jabbour said the City would like minimal impact development to avoid detriment to the lake. He said he does not believe the two acre zoning is in conflict with sewering. Kelley noted that the residents have shown their willingness to pay the cost of sewering. Jabbour said there is also the need to negotiate for a larger sewer pipe through Long Lake with Mn/DOT. In other reporting, Goetten saw the need to lobby for where the City stands in regards to levy limits. Goetten inquired if any Council member had a copy of the letter regarding sno-vmobiling from the Meredith's. Peterson said she would check. Flint cited a number of complaints have been received regarding snowmobiling at • Bederwood and should be communicated to the DNR. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 (Mayor /Council Report - Continued) is Kelley questioned whether snowmobilers have the right to use Stubbs Bay Road to access the lake from the Luce Line trail. Staff was asked to make a determination regarding snowmobilers driving on the roads. Flint suggested the possibility of culdesacing East Long Lake Road to eliminate the road being used to access Highway 12, particularly in terms of the proposed Spring Hill Golf Course. Jabbour indicated that the City has wanted a series of north/south roads by which to access Highway 12. Liz Hawn noted that she, along with many people, use that particular road to access Highway 12 and would not care to see it closed. Kelley said the question instead may be whether the Spring Hill Golf Course should use Spring Hill Road or County Road 6 for access. ENGINEER REPORT The City Engineer was not present. CITY ADMINISTRATOR'S REPORT ( #13) TELECOMMUNICATIONS POLICY STATEMENT Moorse reported that the telecommunications policy statement is a guide to be used as a • basis for developing regulations for telecommunication antennas and towers. New PCS digital communications services will require more antennas than currently required for the cellular service and will compete with and add to the need. The Federal government regulates what can and cannot be done by the cities. Moorse said the most applicable limitation for Orono regards the City not prohibiting or having the effect of prohibiting the provision of personal wireless services. Moorse indicated the City should be able to limit atenna locations to the City's two water towers. He noted the main use areas would be in the Navarre and Highway 12 areas. These two areas are also where the two water towers are located. Allowing antennas on these towers could prevent the proliferation of antennas within the City. Jabbour voiced concern with pricing and the need to justify the costs charged. Kelley said the cost should be $1 less than it would cost to build the company's own towers. Radio indicated the policy in Minnetrista includes an annual cost escalator. Goetten inquired what the cost would be. Moorse said the cost would be about $1,000 a month. Escalators have been based on the CPI or 5 %, whichever is larger, and based on a five year term. • 18 MINUTES OF THE REGULAR ORONG CITY COUNCIL MEETING HELD ON MARCH 10, 1997 • ( #13 - Telecommunications Policy Statement - Continued) Tom Alexander of Larkin Hoffman Law Firm, Bloomington, was present representing APT, one of the new digital providers. Alexander said he was concerned with the comment in the Staff memo for providing service without additional antennas. He felt this was impossible as the current antennas are being used to capacity by other providers. Alexander indicated that new towers would also be required if no water tower is available. He noted it would be less expensive to use existing structures as new towers cost up to $150,000 to build. Alexander explained how the locations for antennas are determined. It is based on a grid system working outward from the core of the metro in a honeycomb fashion. Expansion location cannot be determined until the service is built outward. There is a limited ability to move more than 500' from what is determined to be an ideal spot. Alexander said there would be no guarantee that a water tower would meet that ideal spot. Alexander said the ordinance as drafted allowed antenna placement only on the two water towers. He indicated these locations may not meet the radio frequency requirements and would be in violation of the Federal Telecommunications Act. Alexander reported that the criteria his company looks for in building towers includes the following: 1) radio frequency (coverage requirement), 2) whether the property owner is open to a lease, 3) • zoning, and 4) whether the location is buildable. Alexander asked the Council if they were willing to commit to a hierarchy of incentive regarding allowing antennas as a permitted use on water towers and identifying other preferred zoning districts, which would be in his opinion a lesser but significant restriction. Alexander said he would respectively object to the restrictions to the towers and asked for flexibility. Jabbour asked what the range is of the PCS service. Alexander said the technology is based on line of sight. Antennas are required every 2 to 4 miles in rural areas and every 1/2 mile in dense areas with heavy use. Jabbour said he was concerned with the language of the letter sent by Alexander stating the City would have to allow antennas wherever they were necessary and at random . locations. Alexander said the antenna locations would be subject to zoning requirements of the City. Radio noted the immaturity of the industry. While the industry will look at the City's zoning laws regarding prohibiting antennas and towers, they have not yet reached that point. Radio said the City must accommodate the antennas but cannot overrule the zoning laws. He suggested the City be proactive by informing the industry what can or • cannot be done within the City and let the companies plan accordingly. He noted that the grid locations have not yet been determined. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( #13 - Telecommunications Policy Statement - Continued) • Alexander asked the Council to create a permitted use without requiring a CUP. Alexander said this would allow the companies to know the guide lines before entering the City. Kelley said a CUP should be required in any other location in the City except on water towers. Jabbour, Goetten, and Peterson said no antennas will be allowed in residential areas. Jabbour recommended adoption of the policy noting it can be amended at a later date. Flint said he was informed by a representative of Sprint regarding incentives for placement of antennas. Kelley noted the technology was constantly changing and would continue to do so. Goetten moved, Peterson seconded, to approve the policy statement regarding wireless telecommunications antennas and towers. Vote: Ayes 5, Nays 0. ( #14) ORDINANCE AMENDMENT RELATED TO TELECOMMUNICATIONS TONERS AND ANTENNAS • Goetten moved, Peterson seconded, to approve the ordinance amending the City code to prohibit telecommunications towers and antenna structures in the Industrial, B 1 and B3 zones. Kelley said he felt the ordinance should be rewritten to include more specific language regarding antennas. Peterson moved, Goetten seconded, to table the ordinance and directed Staff to discuss with Council regarding the language of the ordinance. Radio said the current moratorium regarding telecommunication towers and antennas could be extended at the March 24 Council meeting. Vote: Ayes 5, Nays 0. ( * #15) TAX FORFEIT PROPERTY - RELEASE TO ADJACENT OWNER - RESOLUTION NO. 3853 Goetten moved, Peterson seconded, to adopt Resolution No. 3853 releasing Parcel Number 17- 117 -23 43 0072 for private sale to adjacent property owners for combination . with an adjacent homestead lot. Vote: Ayes 4, Nays 0. 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 • (171(s) APUPTION OF TRAM SYSTEM PLAN - RESOLUTION NO. 3854 Kelley moved, Flint seconded, to amend the trail system plan to include the trail along North Brown Road, the trail between CoRd 19 and Old Beach Road to the cul -de -sac, and the Dickey property trails. Vote: Ayes 5, Nays 0. The Council had discussed the possibility of a trail along the Dakota Rail property for a east -west access. It was also discussed on which side of the road the trails are to be located. Gaffron said from a development review standpoint, it would be beneficial to know on which side of the road the trail is planned to be built. Jabbour suggested the Park Commission make that determination. Another suggestion was for a trail access on Watertown Road from Old Crystal Bay Road to access the 3 -acre park space on the Dickey property. Flint suggested the possibility of a trail along Spring Hill Road to Hunter Drive. Moorse suggested the general trail plan be adopted and have the Park Conmussion make additional recommendations. ( #17) JEANNE MABUSTH RETIREMENT - RESOLUTION NO. 3858 Flint moved, Peterson seconded, to adopt Resolution of Appreciation No. 3855 to Jeanne Mabusth upon her retirement. Vote: Ayes 5, Nays 0. ( #18) WESTONKA SENIOR CENTER - UPDATE REGARDING NEW is BUSINESS PLANS Moorse presented the Council with an update regarding the plans for a new Westonka Senior Center. Orono and St. Bonifacious are being asked to participate financially in the new center. Jabbour asked that the location for the new center be determined first along with the percentage of Orono citizens who are involved with the center. Peterson questioned whether CDBG funds could be used. Moorse indicated that those funds are best used for the purchase of land only, which in this case, is available at no cost. This item was tabled until further information can be obtained. ( #19) CONTRIBUTION TO MOUND FIRE DEPARTMENT FOR ENHANCED VISION CAMERA Peterson moved, Jabbour seconded, to reimburse the Mound Police Department an amount not to exceed $4,500 as contribution for the enhanced vision camera to be paid from the contingency account and to amend the budget to reflect the amount of the • contribution. Vote: Ayes 5, Nays 0. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 ( * #20) ESTABLISH SPRING CLEAN UP DAYS AND TIMES • Goetten moved, Peterson seconded, to approve the dates of April 26, 1997 from 8:00 a. m. to 2:00 p.m. for general items and May 10 from 8:00 a. m. to 2:00 p.m. for construction debris only for the annual Spring Cleanup Days. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT ( #21) HARBOR LIMITS ORDINANCE - PROGRESS UPDATE Radio said he is making progress towards a harbor limits ordinance affecting 300' into the lake. The State Statutes allow the city the ability to regulate the harbors 300' into the lake. There is a distinction between what can be regulated, namely, docks and activities on the docks. Once in the lake, Radio said the jurisdiction belongs to the LMCD or DNR. Radio said he would be bringing an ordinance back before the Council at the next meeting. He asked the Council if the major concern was regarding docks or harbor activity. Jabbour said the main concern is over docks. He does not want the City to be held to LMCD standards and would like to control the application of chemicals that flow into the lake. He would also like to regulate commercial vessels from distributing items. Radio provided information on two ordinances from other cities. He cited an example of . harbor regulations in relation to public nuisances. Kelley asked if they could be more restrictive than the LMCD. Radio said it would depend on the activity. If the activity is on the water, the LMCD may have jurisdiction. Radio indicated activities on the dock can be controlled. He indicated if there were two concurrent jurisdictions, the court would determine who has jurisdiction. Jabbour said he would like to see the City have representation on the LMCD in order to set an example for the LMCD to follow. It was noted that while the City does not allow docks on outlots, the LMCD does. No action was required. ( #22) REQUEST FOR EXECUTIVE SESSION City Attorney Radio requested an Executive Session. 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 • ( * #23) LICENSES Goetten moved, Peterson seconded, to approve the following Licenses: Vote: Ayes 4, Nays 0. • Residential Kennel License: Cigarette License: Malt Liquor (Beer) License: Special Event Permit: ( * #24) BILLS Judith A. Spinner 940 North Arm Drive Grant R. Wenkstern Lakeview Golf of Orono, Inc. 405 North Arm Drive Orono Golf Course 265 Orono Orchard Road Clyde Gates Foot Race on Luce Line April 12, 1997, 8:30 a.m. -10:30 a.m. Spring Parade of Homes Stickney & Schwarz Builders, Inc. 2920 Somerset Lane 3 -8 p.m.'weekdays noon - 6 weekends Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Peterson moved, Jabbour seconded, to temporarily adjourn at 12:34 a.m. Vote: Ayes 5, Nays 0. The meeting was reconvened at 12:36 a.m. and readjourned to an Executive Session. The Council met in an executive session to discuss pending litigation. The Council approved the City's participation in the appeal of two companion civil actions to the Minnesota Court of Appeals, and approved the adoption of a resolution requesting the LMCIT to process the appeal on behalf of the City. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10, 1997 #3856 RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MN CITIES INSURANCE TRUST FOR APPEAL The Council reconvened the regular Council meeting at 12:45 to ratify the actions taken in the executive session. The motion was made by Kelley, seconded by Flint. Vote: Ayes 5, Nays 0. Gab I Jabbour, May ATTEST: M. IMIn, City CIerk me n �J 24