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HomeMy WebLinkAbout04-28-1997 Council Minutes. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 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 Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA All items were removed from the Consent Agenda. Items #9, 10, 17 and 24 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( #2) REGULAR MEETING OF APRIL 14,1997 • Goetten moved Peterson seconded to approve the Minutes of the Regular City Council Meeting Go pp g Y of April 14, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner David Beal thanked Council for approving the upgrade of Antoine Park. The Park Commission continues to study a tree policy /ordinance. He reminded Council that the annual Park Tour will be the first Monday of June. PLANNING COMMISSION COMMENTS Lili McMillan of the Planning Commission had no comments. PUBLIC COMMENTS John Bessesen, 4500 North Shore Drive, gave a summary of water damage his property has sustained as a result of surface water runoff due to development of the Tonkaview and Saga Hill areas. Prior to 1988 their property had no water damage. 5 new homes have been built in the Saga Hill area, one at a time, and none were required to do any on -site water retention. In 1995 a heavy rainstorm flooded and contaminated the Bessesen well. Since they live on County Road is ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 • (Public Comments - Continued) 19, he has been working with Hennepin County (Tom Peterson, Marcel Koulas, Jim Grube) and they have met on site to look at the problem. John Gerhardson and Glenn Cook from Orono have also been to the site. All have agreed there is a problem. A contractor has estimated the water damage. Bessesen has filed claims with the City and County for the damage and to look at ways to correct the problem. Hennepin County has put in curbing and raised driveways. They were advised by the City and County that Allied Adjusters of the League of Minnesota Cities would not pay any claims unless a hydrologist completed a report. He hired Mattke Engineering, Inc. to review the situation. Findings indicated that the stormwater increase was due to new construction on Tonkaview. He distributed a written summary of the situation to Council. Kathy Sawicki, a neighbor at 4510 North Shore Drive, also reported over $17,000 worth of damage to her property. She noted that they continue to have water problems and the corrections that have been made were not appropriately engineered. They receive 11 cubic feet of runoff per second. She received a letter from staff recommending pavement overlay and does not feel this is a viable solution. She asked for Council's help and review of the situation. Jabbour directed staff to report on the situation with a proposal for a solution at a future Council • meeting. ZONING ADMINISTRATOR'S REPORT ( 0) Review of this application follows Item #13. ( #4) #2205 ALLEN SCHEFERS, 2540 CASCO POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3886 The applicant was present. Van Zomeren reported that the applicant has constructed a new residence and has done some excavation work for a pond in an area that is considered floodway and flood fringe districts, as well as a wetland, which requires permits from the City and Watershed District. The applicant did receive a permit from the Minnehaha Creek Watershed District last fall but did not realize he also needed a conditional use permit from the City. The pond encroaches approximately 8' into the 100' right -of -way of Casco Point Road. Planning Commission recommended approval subject to the applicant grading slopes to 3:1, maintaining the pond in a way that does not impact the right -of -way and roadway, and landscaping the area around the pond with natural vegetation. Goetten asked if the Minnehaha Creek Watershed District informs their applicants of permits 2 is • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #4 #2205 - Schefers - Continued) required by the City. Van Zomeren was unsure, noting there have been problems in the past but there has been communication to resolve this issue. Goetten also asked if there is a double fee since it is an after -the -fact application. Van Zomeren confirmed that there is. Kelley moved, Peterson seconded, to adopt Resolution #3886 granting a conditional use permit to excavate in a wetland area to allow an existing wildlife pond to remain for the property located at 2540 Casco Point Road. Vote: Ayes 5, Nays 0. ( #5) #2212 SIDNEY AND BARBARA REBERS. '2190' WAYZATA BOULEVARD - PRELIMINARY PLAT APPROVAL The applicants were represented by Attorney Steve Pflam. Pflam requested that the item be tabled as there were some issues that were unclear. • Goetten moved, Peterson seconded, to table Application #2212. Vote: Ayes 5, Nays 0. ( #6) #2214 RICHARD KOZICKY, 2016 SHADYWOOD ROAD - VARIANCES - RESOLUTION #3887 Mr. Kozicky was in attendance. Van Zomeren noted the applicant has appeared twice before the Planning Commission who directed the applicant to reduce the need for variances. An average lakeshore setback variance has been eliminated. The current proposal is for a lakeside deck and porch addition and a garage /laundry area to the streetside of the residence. A side yard variance along the south property line is required because the 3' overhang encroaches into the 10' sideyard. Code allows a 1' /2 over hang but to be consistent with the rest of the house, the architect has proposed a 3' overhang. A hardcover variance in the 75 -250' setback area is also required where 45.65% exists and 45.88% is proposed. A structural coverage variance is requested to allow 19.63% coverage rather than the allowed 15 %. Goetten questioned what percentage of the hardcover could be attributed to the neighbor's driveway. Van Zomeren explained on the map where the property line was due to the size of the County's right -of -way for road alignment to the bridge. The portion of the driveway that • provides access for the neighbor is on the County's property. 3 ORONO CITY COUNCIL MEETING . MINUTES FOR APRIL 28,1997 ( #6 - #2214 - Kozicky - Continued) Kelley asked for clarification of the dimensions of the garage. The applicant responded it was 24' wide and 38' in length, with the original proposal at 24'x 44'. Kelley noted this was an oversized garage in depth. Van Zomeren noted there is also a workshop area in the garage. The applicant added there is a mudroom/laundry area and new entry foyer taking up about 15' leaving the actual garage about 24'x 24'. The existing detached garage in the side yard will be removed. Jabbour moved, Flint seconded, to adopt Resolution #3887 granting variances to allow a lakeside deck/porch addition and a streetside garage /laundry room addition for the property located at 2016 Shadywood Road. Kelley asked that a condition be added to the resolution placing future owners on notice that additional variances may not be approved. Vote: Ayes 5, Nays 0. ( #7) #2217 JOHN THIMMESH,1945 FAGERNESS POINT ROAD - VARIANCE - RESOLUTION #3888 Mr. and Mrs. Thimmesh were present. Van Zomeren reviewed the application stating the application had been reviewed by Planning • Commission at two meetings. The applicant has agreed to combine the two parcels. Planning Commission also recommended removal of the shed. Several variances are required including hardcover, structural coverage and a rear yard setback. The applicant is not proposing to add a driveway, however, staff has concerns about a future owner wishing to do so adding more hardcover. Staff is also concerned about incremental additions for hardcover where a deck or patio gets added and then later applies to add a second story over the hardcover. The Planning Commission recommended approval of the variances to add an 18' x 3l' storage area to the existing garage, and asked that the storage shed be removed. The applicant would like to see the shed remain for storage of pool supplies. Mr. Thimmesh noted the shed only takes up .36% of the structural coverage. He would like to keep the shed but could relocate it to meet the 10' setbacks. He added that the shed is fairly new; matches the house and there is a 6' fence around the house so it is not visible to the neighbors. Mrs. Thimmesh stated there would be no reason to add a second story over the garage. Kelley asked which way the water flows naturally from the lot. The applicant indicated it would go towards the lake. 4 • • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #7 - #2217 - Thimmesh - Continued) Kelley proposed that the addition conform to the rear setback reducing the addition by 3', that no garage door be allowed on the outside of the storage area with access through the existing garage thus eliminating the possibility of a future owner adding a driveway, and that the shed be removed. Goetten asked if there should be further language added to the resolution restricting a driveway. Van Zomeren responded that a driveway does not require a City permit and would therefore be difficult to enforce. Jabbour asked the applicant how he felt about not having an outside garage door. Mr. Thimmesh did not think it would look very good and he wants to be able to store snowmobiles, tractor, wagon, etc. in the addition and it would be difficult to get them in through an inside access. Mrs. Thimmesh added that they want to be able to store their "stuff' inside so that it is not an eyesore. They do not need a driveway to move things in and out occasionally. Kelley responded that they would plow an area to get the snowmobiles in and out and it would look like a driveway . from the street. Goetten asked if calculations were based on the combination of parcels. Van Zomeren confirmed that they were. Goetten expressed her appreciation that the applicants wish to get things stored inside but she had concerns over what future owners may want to do. Jabbour agreed with Kelley on the setback and shed issues but questioned the elimination of an outside garage door. Kelley asked for clarification from staff about additional hardcover, such as a driveway, needing a variance. Van Zomeren responded that a homeowner could add a driveway without additional review by staff. Gaffron added that by adding a driveway they could be over the hardcover percentage allowed and technically need a variance. Kelley stated they could then be tagged. Gaffron responded that from a practical point, the City has not enforced such situations but when they come in for a building permit, the hardcover can be addressed. Peterson asked if the applicants felt strongly that they need the shed if the addition were approved. Mr. Thimmesh stated they would certainly like it to store pool supplies and deck furniture. Mrs. Thimmesh added that both the neighbors have garages in the same area. She • 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #7 - #2217 - Thimmesh - Continued) noted that pool chemicals are locked and inaccessible to children in the shed which may not be the case in a garage. It is not on a slab so it is not a permanent structure. Jabbour asked how the applicant felt about reducing the addition by 3'. Mr. Thimmesh responded it would not look very good architecturally. Mrs. Thimmesh added that neighbors to the rear could see the proposed addition and she believes that it should be in line with the existing structure. The F setback on the front was designed to match the existing roofline. Goetten stated this was a large addition. She did not object to the outside garage door but would move the shed to conform to the setback. Flint would support the Planning Commission recommendation which was approval with the removal of the shed. The applicant stated he would rather remove the shed than reduce the addition by 3'. 1�1 Flint moved, Jabbour seconded, to follow the Planning Commission recommendation for this • application. Vote: Ayes 2, Nays 3. Motion failed. Peterson, Kelley and Goetten opposed. Goetten moved, Jabbour seconded, to approve Application #2217 with addition to meet rear setback and moving the shed to meet setbacks. Vote: Ayes 2, Nays 3. Motion failed. Peterson, Kelley and Flint opposed. Kelley moved, Peterson seconded, to approve the application with the removal of the shed, the addition to conform to the rear setback and no outside garage door. Vote: Ayes 3, Nays 2. Goetten and Jabbour opposed. The applicant stated the addition is not useable without a garage door and will not be visually appealing. Goetten felt it was unfair to ask applicant to access the addition through the interior of the existing garage. Flint moved, Peterson seconded, to reconsider this application and refer back to Planning Commission. Vote: Ayes 4, Nays 1. Kelley opposed. .9 • • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #7 - #2217. - Thimmesh - Continued) The applicant asked for Council direction. Council recommended no rear variance so the addition would be at 28', reduce the hardcover and a garage door would be allowed. Flint withdrew the motion to table. Flint moved, Jabbour seconded, to adopt Resolution No. 3888 per the Planning Commission recommendation with the exception that the rear setback is to be met allowing a 28'x 18' addition and removal of the existing shed for the property located at 1945 Fagerness Point Road. Vote: Ayes 3, Nays 2. Peterson and Kelley opposed. ( #8) Review of this application follows review of Item #3. ( * #9) #2225 JOHN THEOBALD, 4101 HIGHWOOD ROAD - RENEWAL VARIANCE - RESOLUTION NO. 3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. ( * #10) #2226 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3890 Goetten moved, Kelley seconded, to adopt Resolution No. 3890 granting approval of a conditional use permit to permit construction of a berm on the property located at 3065 Jamestown Road. Vote: Ayes 5, nays 0. ( #11) #2227 GARY TUCKER, 3466 IVY PLACE - VARIANCES - RESOLUTION NO. 3891 The applicant was present. Van Zomeren explained that the applicant is requesting a side yard variance along the north property line because the front stoop and entryway would encroach into the side yard, an average lakeshore setback to allow construction of a new deck, and a hardcover variance of 9.32 %. Kelley asked for clarification of the hardship. Tucker responded that there is no cover for the front entry. The stairway protrudes into the existing deck and is therefore not useable with a • table and chairs. 7 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #11 - #2227 - Tucker - Continued) Kelley asked how the water flows on this lot. Tucker explained the lot is level until it reaches the stairway where there is a bluff. Goetten was concerned about a 10% increase of hardcover and questioned the possibility of reducing the driveway. Tucker explained that almost all of the drive is used to access a three car garage. He added that the existing stoop is larger than the proposed stoop which will reduce hardcover. The lot is noted to be substandard in size. Kelley asked if there were any comments from neighbors. Van Zomeren responded that she had received no negative comments and the Neighbor's Acknowledgement forms were included in the packet indicating that they were aware of the proposed improvements. Kelley moved, Flint seconded, to approve Resolution No. 3891 granting approval for side yard setback, average lakeshore setback and hardcover variances to permit construction of a front entry stoop and deck for the property located at 3466 Ivy Place. Vote: Ayes 5, Nays 0. ( #12) #2228 FRANK AND KATHLEEN ST. LAWRENCE, 253 CYGNET PLACE - VARIANCES - RESOLUTION No. 3892 Mr. and Mrs. St. Lawrence were present. Van Zomeren explained that the property is restricted by a 75' setback from a pond and waterway. Steep topography limits the building site. Side yard and front yard setback variances are required for an addition. A hardcover variance of .95% is also needed in the 75 -250' setback. Kelley moved, Goetten seconded, to approve Resolution No. 3892 granting approval for side yard setback, front yard setback and hardcover variances to allow a garage stall addition for the property located at 253 Cygnet Place. Vote: Ayes 5, Nays 0. ( #13) GEORGINE HACKNEY, 2184 SHADYWOOD ROAD - VARIANCE The applicant was present. Van Zomeren noted the applicant has indicated the possibility of needing another variance. The applicant explained there is an existing front porch which is proposed to be enlarged by 50 s.f. increasing hardcover from 25.3% to 25.9 %. • Jabbour moved, Goetten seconded, to table Application #2230 and refer it back to Planning • Commission; Vote: Ayes 5, Nays 0. 8 ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 28,1997 ( 0) #2201 ADAMS/FIEGER/ROBB, 570/580/590 BIG ISLAND - PERMIT FOR PRIVATE IMPROVEMENTS IN RIGHT -OF -WAY - RESOLUTION NO. 3885 None of the applicants were present. Gaffron explained that three property owners on Big Island, who have adjoining properties separated by a dedicated right -of -way, propose to share a septic system. They initially requested vacation of the right -of -way because part of the replacement septic system was in the right -of- way. Planning Commission did not respond positively to the vacation so the applicants had the site evaluator redesign the system The drainfield is now totally within one of the properties but they still need a permit to put piping in the right -of -way to connect all three properties to the septic system. Planning Commission recommended approval with conditions noted in the staff memo of April 23, 1997. Kelley moved, Peterson seconded, to adopt Resolution No. 3885 granting a permit for placement of private sewer lines and a section of fence within the right -of -way dedicated within the plat of Pleasant View Lake Minnetonka on Big Island for the owners of property at 570, 580 and 590 Big Island. Vote: Ayes 5, nays 0. • #8 #2222 JOSEPH VOCHKO, 2925 CASCO POINT ROAD - CONDITIONAL USE PERMIT • The applicant was not present. Goetten moved, Peterson seconded, to table Application #2222 until the applicant is present Ayes 5, nays 0. ( #14) SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - EAW Gaffron explained that the EAW had been distributed and comments have been received. Council must take formal action on the need for an EIS by May 9, 1997. Council has two options: 1) postpone the decision on the need for an EIS for up to 30 days to obtain more information; or 2) make a positive declaration requiring that an EIS be.prepared, or a negative that an EIS is not needed. If Council determines they have all the needed information, they can proceed with the decision on the need for an EIS. A formal documentation of the basis for Council's decision must be made, comparing the impact that may be reasonably expected to occur with the following criteria: E ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #14 - Spring Hill Golf Club - Continued) 1. The type, extent and reversibility of environmental effects; 2. Cumulative potential effects of related or anticipated future projects; 3. The extent to which the environmental effects can be mitigated by ongoing public regulatory authorities; and 4. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposed, or of EIS's previously prepared on similar projects. At this time, Council must decide if there is a need for an EIS and if they have enough information to make that decision. Staff will need to put together a document reflecting the basis of the decision after direction from Council. A meeting will then need to be held before May 9 to take formal action. is Jabbour asked if staff felt the City had received all the information and responded to all comments. Gaffron replied that responses have been drafted for all comments and the draft responses have been included with the staff memo dated April 25, 1997. The City's environmental consultant, Northern Environmental, is also reviewing these responses and should • respond by Wednesday. Jabbour reviewed the process to this point. An EAW was ordered because of the conversion of more than 80 acres from agricultural use to another use, i.e. golf course. Several agencies have reviewed the EAW and provided their comments. Gaffron noted the main concern of most of the agencies is the Big Woods. The City has no codes which prohibit changes to the Big Woods, s uch as a tree preservation ordinance, nor does the State have any regulations to mitigate the Big Woods. Radio pointed out that the Minnesota Environmental Rights Act and Environmental Policy Act allow private citizens a legal avenue to challenge environmental action where there may be harm to the environment. Jabbour asked what specific items still need to be identified. Gaffron responded that the DNR suggested an inventory of specific changes from what exists today, possibly a biological survey of individual species. 10 • ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 28,1997 ( #14 - Spring Hill Golf Club - Continued) Bill Johnson, DNR Office of Planning Environmental Review Section, commented that while documenting losses with this proposal, it is also an opportunity to look at gains. Habitat may improve for some species and there may be opportunities for restoration of wetlands. At this point, the DNR does not feel there is enough detail provided. Jabbour asked what the applicant or the City could do, short of an EIS, to achieve the mutual goals of the City and DNR. Johnson responded that in evaluating the information, they would look to see that what is proposed actually provides the best mix so that it maximizes what could be there for the habitat that remains. Crosby stated that he has talked with Johnson and felt that one of the elements the DNR was looking for was to set a baseline of what exists today which could be compared in 10 -20 years to see what effects have taken place. is Jabbour asked if the applicants felt they were in a position to provide the DNR with the information they are requesting. Crosby responded that to get a total inventory, each of the four seasons would have to be inventoried. An inventory of this property would be similar to Wood Rill. Braman added that a one month period would be required to complete such an inventory. Jabbour stressed that Orono is very concerned about the Big Woods and currently doesn't have the tools to preserve the trees. Flint asked Braman if the one month process was just a baseline inventory or if it would include an evaluation of ways to cut down the impact on the Big Woods. Braman responded that it would be more of an inventory. If the golf course were constructed, approximately 21 acres of the Big Woods would be gone with its habitat. There are plans to plant additional trees but they will not replace the Big Woods and it will take 50 years to see the impact. Although large portions will be retained, there will be an overall loss of function. 60 -120 trees will remain. Archaeologists have also been on site to identify historical issues. Jack noted that this inventory would not be a redesign of the golf course. He added that several iterations have already been reviewed trying to lessen the impact on the Big Woods and still maintain the integrity of the golf course. • 11 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #14 - Spring Hill Golf Club - Continued) Flint commented that an inventory doesn't achieve very much. There might be more value in spending time and money in looking at ways to mitigate the impact on the Big Woods. He specifically questioned the design of Hole #9 and the possibility of redesigning it to save a large portion of the Big Woods. Goetten asked if there was a possibility to look at another area to preserve part of the Big Woods such as Wolsfeld, Wood Rill or purchasing additional land. The applicant indicated that on the northern half across County Road 6, there were 6 -10 acres that could be revegetated to redevelop into the Big Woods. These areas are currently pastured or grown with poplar trees. This would give a contiguous Big Woods around the perimeter of the property. Goetten expressed her appreciation for all that has been done to this point for the environment but she is still concerned about the loss of 50% of the Big Woods. She asked the applicants to look further as to what else could be done to have less harm to the environment. • Dick Krueger, Willowbrook Drive, urged consideration of purchasing additional land. He noted • there was open farmland in the area at the eastern tip of the golf course. Jabbour noted there would still be the issue of preserving the Big Woods as someone else could come in and develop the same area. Jack responded that they didn't know what property might be for sale nor is it in the applicant's budget, but they would consider these comments. He added that the chances of status quo remaining are very slim. Jabbour asked how much of the area could remain contiguous with the Big Woods, and if there is any occupied parcels containing the Big Woods which could be obtained. Gaffron was not aware of any such areas. Tim Wallace, 309 Benton Avenue, Wayzata, commented on experiences they have had with the Cenacle Woods in Wayzata. A group of Wayzata residents are concerned about saving the Big Woods as it is an important remnant. He noted that Wayzata has been working with an organization called the National Trust for Public Land and thought this organization may be helpful in a solution for preservation. 12 is ORONO CITY COUNCIL MEETING . MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) Goetten responded that there is no specific development for the Cenacle Woods being proposed while there is for the Big Woods. Jabbour noted that Orono has no ordinances to prevent the golf course from becoming a reality. This is only being discussed at this time to decide if an EIS is necessary. Johnson noted that an inventory would be the first step for analysis of the impact. Changes could be looked at to see if there are ways to reduce changes or if other measures are available to compensate for these changes. An EIS is a vehicle for conducting this process. Flint commented that the EIS process could take a year or more and that Council has an option to extend their decision for 30 days from May 9 by defining specific items that are needed and can be provided within the 30 days. Kelley asked how many acres are in Wood Rill. Gaffron thought about 150 acres, about 200 acres in Wolsfeld and 43 acres in the Big Woods with 16 acres in Orono and the remainder in • Medina. Kelley stated he was not in favor of the EIS. He thought some of the DNR issues could be solved through the CUP process. He added that Orono has been fortunate to have two citizens give large parcels of land to the City that are remnants of the Big Woods. He noted the current owner still has options for what he can do with the property if the golf course is not approved. Braman responded to the question about consolidating fairways. Through the reiterations they have reviewed, safety zones between the fairways have also been a consideration. They are currently at the lowest recommended limits of the Golf Association. Goetten felt as much mitigation should be done as possible before the CUP process as the City is responsible for the project. She thought another month to get more information would be appropriate. Braman noted the proposed tree moving is an issue. The survival rate is less as the trees bud out. It was added that the trees could still be moved until the end of May. Jack commented that another month would be acceptable to the applicants if the City needed additional time to make a decision, but it would be difficult to wait a full year. • 13 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 • (#14 - Spring Hill Golf Club - Continued) Crosby questioned if an inventory of the Big Woods gets them any further than the current information they have. Johnson stated the County Biological Survey shows plant assemblage which is not a comprehensive examination of plants and animals. Crosby agreed that plant and animal studies could be done on an inventory but he did not want to see "tree counting ". Johnson added that the DNR is looking at the entire area, not just the Big Woods. Jabbour asked why the State has not been more pro- active in acquiring this parcel if it is such an important natural resource. Chuck Plant, a business owner in Orono, commented that timing is causing high tension levels. He would recommend that if Council is uncomfortable about making a decision at this time, they should wait until next year. They would then be prepared to make the best decision for all of Orono. Kelley agreed with having an inventory but he questioned how much of that information was needed before a decision about an EIS could be made. Goetten felt Council should have more information. • Krueger commented that the DNR wants more information, and the City should consider their advice. Jabbour stated it was important to address the needs of the DNR in the best way while still dealing with the applicants and concerns of others. He felt an additional 30 days was necessary. Flint agreed, indicating it would be better to have an additional 30 days for study rather than to recommend an EIS at this time. Kelley asked if Council knew exactly what information is still to be collected. Jabbour stated the City should work closely with the DNR to identify exactly what is needed in the next 30 days. At that point, a decision could be made if the City has answered the concerns of the DNR. The City is more interested in mitigating and preserving than inventorying and cataloging. Kelley asked if Council was satisfied that all the other agencies concerns have been answered. Jabbour felt they had, other than the DNR. 14 0 • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #14 - Spring Hill Golf Club - Continued) Jabbour asked if Councilmembers were looking favorably on a CUP as a Planning Commission recommendation so the applicant does not proceed with the expense of this project unnecessarily. Flint stated he would want to see the data and possible mitigation before making a decision. Goetten agreed with Flint and felt the process was moving along as expected. Peterson agreed with Flint. Crosby suggested a work session in two weeks rather than waiting 30 days. Hopefully in that time Braman could work out with the DNR the specific information they are looking for. Jack asked what Council wants the applicant to do. Jabbour responded that Council wants to be sure the DNR has the information they need so an EIS is not required. Flint agreed that the DNR should be satisfied but the City should also be satisfied that every effort has been made to mitigate the impact on the Big Woods. Kelley asked if the DNR should tell the City that they do not want an EIS. Jabbour thought that • the DNR should respond with their position. Flint reiterated that the design on the 9th hole could save a large portion of the Big Woods. Braman responded that an earlier design had it closer to the property line. A wetland separates the Big Woods from the non -Big Woods along the north end. One of the neighbors in Medina in that area vehemently objected to the golf hole being so close to his house. As a result, the 9th hole was redesigned. Jabbour asked if the DNR ever gets enough information so that they would not need an EIS. Johnson responded that they often get enough information through the environmental document, however, sometimes they do find that an EIS would better address the natural resource concerns. Tom Volkman, DNR, added that they don't recommend an EIS very often. The 30 day period adds some time for study. The City does not have to use the full 30 days. Volkman also thought it would be beneficial to have more DNR people on site with the consultants, project proposers and City staff. Jabbour asked if Council had the commitment of the DNR to assist in gathering the information still needed. The DNR agreed to committing their resources. Kelley moved, Goetten seconded, to approve the 30 day extension from May 9, 1997 to June 9, • 1997 postponing the decision on the need for an EIS so that more information can be obtained. Ayes 5, nays 0. 15 ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 28,1997 MAYOR/COUNCIL REPORT ( #15) PLANNING COMMISSION REAPPOINTMENTS Kelley moved, Peterson seconded, to reappoint Dale Lindquist and Janice Berg to three year terms on the Planning Commission expiring on March 31, 2000. ( #16) PARK COMMISSION APPOINTMENTS Jabbour commented that Mr. Erickson's point of view regarding organized sports would add to the Park Commission. Flint agreed. Jabbour moved, Peterson seconded, to appoint Van Douglas Erickson to a three year term on the Park Commission expiring on December 31, 1999. Ayes 5, nays 0. Peterson moved, Kelley seconded, to appoint Peter Welles to a three year term on the Park Commission expiring on December 31, 1999. Ayes 5, nays 0. Jabbour suggested the City Administrator send letters of appreciation to all applicants for the • Park Commission. Kelley moved, Goetten seconded, to appoint Susan Wilson as Chair of the Park Commission. Ayes 5, nays 0. Flint moved, Peterson seconded, to appoint Andrew McDermott as Vice Chair of the Park Commission. Ayes 5, nays 0. Jabbour noted the policy of the Council is to rotate the positions of Chair and Vice Chair. ENGINEER REPORT ( #17) PAY REQUEST #4, LIFT STATION #28 REHABILITATION Goetten moved, Kelley seconded, to approve Ford Construction Company, Request for Payment #4 in the amount of $3,760.06, for installation of the emergency monitoring system dialer in Lift Station #28. Ayes 5, nays 0. Kelley asked for clarification of the situation on the Bessesen and Sawicki properties. Cook responded that they had been working with Kathleen Ash to get an easement but she was not in agreement. Staff will have further discussions with her. A pond in the area may be a solution. • Council urged resolve of this issue in a timely manner. 16 • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 CITY ADMINISTRATOR'S REPORT ( #18) REQUEST FOR CLARIFICATION OF COUNCIL ACTION ON FOX HOLLOW PLAT - JAMES BRUCE Moorse explained that this situation is a result of the plat that was approved approximately two years ago. An existing cottage on Lot 2 was allowed to remain as an accessory structure to the principal structure that would be constructed at some time in the future. Although this was discussed in numerous memos and at meetings, there was no specific action taken by the Planning Commission on this item. Mr. Bruce read the staff reports and resolution and understood that the cottage would be allowed to remain with completion of covenants stating the cottage would not be used as a separate dwelling unit. The applicant is seeking clarification of Council's intent when approving the plat that the cottage could remain as an accessory structure. At that time, Council was dealing with similar situations by stating that if there was no kitchen, the structure could remain but would not be useable as a principal structure. Since that time, removal of additional plumbing has also been discussed. Kelley asked if this type of accessory structure is allowed in this zoning district if it meets • setback requirements. Moorse thought this structure met the required setbacks. If that was the case, Kelley would approve the structure as long as plumbing and the kitchen was removed. Goetten disagreed because at the time of the original approval, she thought just the removal of the kitchen was required. Since that time Council has added removal of plumbing in similar situations. Bruce commented that there were no negative comments throughout the approval process and he was unaware this would even be an issue when he applied for a permit. Jabbour asked if Bruce would be agreeable to removing the plumbing. Bruce responded that he would not, since only the kitchen was to be removed at the time of the original approval. Jabbour asked how connection to the sewer would be achieved. Bruce responded that this accessory structure would be part of the new principal structure and would not require a separate sewer connection. is 17 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 • ( #18 - Fox Hollow Plat - James Bruce - Continued) Kelley moved, Goetten seconded, to allow the cottage to remain as an accessory structure with the kitchen to be removed and the plumbing and heating to remain, and the cottage does not have to be attached to the new principal structure. It was made clear that this approval was based on the Council's general thinking about accessory structures at the time the Fox Hollow Subdivision was approved, and did not reflect the Council's current policy regarding accessory structures. Ayes 4, nays 0, 1 abstain. Peterson abstained because she was not a Council member at the time of the original approval. ( #19) KENNEL APPLICATION, 2695 CASCO POINT ROAD Moorse noted that staff is recommending denial of the kennel license. Peterson questioned how Council could deny this application. Moorse responded that there have been denials of kennel licenses in the past. Kelley asked for clarification of the definition of a "dangerous dog ". He did not agree that killing a cat makes the dog dangerous. • Moorse commented that there have been numerous complaints of this owner's dogs running at large. The City has just found out that the owner has four dogs. Jabbour moved, Goetten seconded, to approve the kennel license for John Redmond at 2695 Casco Point Road with the condition that if there are additional violations of animal regulations that the license may be revoked. Ayes 5, nays 0. ( #20) LORD FLETCHER'S REQUEST TO USE MUNICIPAL PARKING LOT Moorse explained that Lord Fletcher's is requesting to use the public parking lot for another year. Fletcher's has made significant improvements to the parking area. Lord Fletcher's will communicate with the local merchants regarding parking needs. Jabbour moved, Kelley seconded, to authorize Lord Fletcher's to use the public parking lot in Navarre with the conditions that Lord Fletcher's will complete the painting /striping of parking spaces, work with merchants, and be sure they are parking in the back of the lot. Vote: Ayes 5, Nays 0. 18 • • ` r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #21) SAGA HILL TAX FORFEIT PROPERTY - RESOLUTION NO. 3893 Moorse explained that a resolution was drafted per Council's direction. Jabbour moved, Goetten seconded, to adopt Resolution No. 3893 requesting acquisition of the 9 acre portion of the Saga Hill tax forfeit property and releasing a' /z acre portion of the tax forfeit parcel for sale to the adjacent property owners. Vote: Ayes 5, Nays 0. Gaffron commented that a sketch plan review will be on the May Planning Commission meeting for this property. The applicant claims to have tied up the property which the City is making a grant application for as well as the Morgart/Soskin property. Kelley asked why the application would be reviewed unless there is proof of ownership. Gaffron responded that ownership would be verified. ( #22) HIGHWAY 12 SEWER CAPACITY UPDATE Moorse explained that staff has talked with Met Council regarding use of the Maple Plain interceptor as an interim solution to the sewer capacity problem. Met Council has indicated that • it may be feasible and they will continue to review the possibility. Goetten moved, Peterson seconded, to authorize staff to make a formal request to the Met Council to divert 200 units of peak sewer flow to the Maple Plain metro interceptor to address the interim sewer capacity problem. Vote: Ayes 5, Nays 0. ( #23) SET DATES FOR HIGHWAY 12 NEIGHBORHOOD MEETINGS Goetten suggested postponing neighborhood meetings until the Highway 12 Design Review Committee has had more opportunity to define their focus as there has only been one meeting. Kelley agreed that it is too soon to actually schedule meetings but the structure could be put in place. Kelley understood that the Design Committee would work on design issues such as sound barriers, lights, emergency access, etc. with the design to be approved by the City. Jabbour would like residents to participate in the process, noting Long Lake has a very defined plan in place. He suggested 5 residents from both the east and west sides of Brown Road or Willow Drive. • 19 Y J ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 28,1997 ( * #24) RESOLUTION AMENDING THE PROGRAM FOR DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER - RESOLUTION NO. 3894 Goetten moved, Kelley seconded, to adopt Resolution No. 3894 amending the program for deferment of special assessment for persons 65 years of age or older and approve the updating of the deferral application. Ayes 5, nays 0. ( #25) 1997 FIRST QUARTER REVENUE AND EXPENDITURE REPORT Kelley questioned the fire protection amount of $14,500 over budget for the first three months. Moorse thought the amount had been paid earlier than in previous years. Kelley also questioned the Planning and Zoning amounts. Moorse commented that severance pay was paid to Jeanne Mabusth in addition to having two staff people for that period. Jabbour suggested the Zoning Department may need additional staff help. Moorse commented that discussions have taken place. An intern may not be the best solution as there is too much training involved. The Planning /Zoning Department has been inundated with Planning • applications as well as many counter questions. The Spring Hill project has also been very time - consuming. Jabbour thought Jeanne Mabusth may be able to help out. CITY ATTORNEY'S REPORT ( #26) HARBOR LIMITS ORDINANCE Radio noted there are two issues which need consideration: 1. Banning the use of chemicals near the lakeshore; and 2. Regulation of docks, noting specifics. Jabbour suggested staff try to adopt the existing LMCD ordinance. Kelley stated the City wants to be sure that no tour boats are allowed to dock at Orono's marinas causing further parking problems. Jabbour asked about the current marina licensing. Gaffron responded that two marinas are behind in their conditional use permit requirements. He has applications from all of the marinas and will be working with them. P • . y ,. LJ n LJ • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 ( #26 - Harbor Limits Ordinance - Continued) Jabbour noted some of the issues to be considered in writing the harbor limits ordinance include clustering of uses, special density, herbicides and a chemical data sheet. Jabbour, Gaffron and Radio will meet to further define the Harbor Limits Ordinance. ( #27) LICENSES Goetten moved, Kelley seconded, to approve the following license: Special Event Permit ( * #28) BILLS Gear West Start from Orono Middle School Run - Bike -Run Event June 1, 1997 7:00 a.m. -noon Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. Jabbour invited Councilmembers, Planning Commission, Park Commission and City staff on a boat tour on May 17 to meet at his home at 10:00 a.m. The event should be posted. ADJOURNMENT The meeting adjourned at 11:04 p.m. ATTEST: 1' i Dorothy M. Olin, City Clerk Gabri 1 Jabbour, Mayor 21