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HomeMy WebLinkAbout05-12-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR MAY 12,1997 • 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 Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #7, 8, 9, 11, 14, and 15 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF APRIL 28,1997 • Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of April 28, 1997. Vote: Ayes 5, Nays 0. (* #3)1997 BOARD OF REVIEW MEETING OF APRIL 23,1997 Goetten moved, Peterson seconded, to approve the Minutes of the 1997 Board of Reviewing Meeting of April 23, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner McDermott invited the Council to the Park Tour on June 2, 1997. He noted the Park Commission submitted a recommendation for a trail for the Spring Hill Golf Club property. PLANNING COMMISSION COMMENTS Chair Lindquist had no additional comments from their submitted report. PUBLIC COMMENTS There were no public comments. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ZONING ADMINISTRATOR'S REPORT 0 ( #4) #1457 ALAN G. CARLSON/KINGSBRIDGE PROPERTIES INC., 3140 WATERTOWN ROAD - CRYSTAL CREEK - FINAL PLAT - RESOLUTION NO. 3896 Van Zomeren noted that the application has been ongoing for several years and involves a 12 -lot subdivision. The septic sites have been reviewed and approved. Outlot B will remain for future access. The applicant has fulfilled all conditions of the preliminary subdivision approval. The required easements, covenants and a declaration have been reviewed by the City Attorney and approved as amended. The applicant said he was satisfied with the resolution. Jabbour inquired about Park Dedication fee. Van Zomeren said the fee was paid in 1990, prior to the adoption of the Park Dedication fee currently in effect. Kelley received confirmation from the applicant that he is aware of the placement and movement of the railroad as it relates to the proposed Highway 12 Corridor. Outlot C was discussed. Carlson said he will be proposing some changes to the railroad location. Jabbour informed Carlson that the Highway 12 road location would depend on topography and avoiding the cemetery. • Kelley moved, Goetten seconded, to approve Resolution No. 3896. Vote: Ayes 5, Nays 0. ( #5) #2218 3YLAND DEVELOPMENT INC., 1185 HUNTER DRIVE - FINAL PLAT - RESOLUTION NO. 3897 The applicant was present. Gaffron reported that the application was a request for final plat for Hunter Pass. The applicant will fulfill all conditions set forth in the resolution prior to release of the plat for filing. The private road will be named Hunter Pass, which has been approved by the police department. The proposed access is from Hunter Drive. Gaffron noted the County has requested the standard 10' of additional right -of -way which the City has usually declined to enforce on the developers. Gaffron does not recommend approval of the County's request. The application is subject to a Park Dedication fee of $25,670. Gaffron recommended approval of the application. The applicant had no further comments and approved the information provided. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #5 - #2218 Jyland Development - Continued) Goetten moved, Peterson seconded, to approve Resolution No. 3897. Vote: Ayes 5, Nays 0. (Agenda item #6 follows item #10) ( * #7) 1997 JOINT USE DOCK LICENSE - 3155/3185 NORTH SHORE DRIVE AND 1406 BOHNS POINT ROAD - RESOLUTION NO. 3899 Goetten moved, Peterson seconded, to adopt Resolution No. 3899, granting a 1997 Joint Use Dock License to the owners of property located at 3155 North Shore Drive, 3185 North Shore Drive, and 1406 Bohn's Point Road. Vote: Ayes 5, Nays 0. (*#8) ADULT USE MORATORIUM - ORDINANCE NO. 158, 2ND SERIES Goetten moved, Peterson seconded, to approve Ordinance No. 158, 2nd Series, regarding adult use moratorium. Vote: Ayes 5, Nays 0. (x#9) TELECOMMUNICATIONS ORDINANCE NO. 159, 2ND SERIES - EXTEND MORATORIUM . Goetten moved, Peterson seconded, to extend the moratorium on telecommunications towers and antennas to June 10, 1997, Ordinance No. 159, 2nd Series. Vote: Ayes 5, Nays 0. ( #10) SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - VARIANCES AND CONDITIONAL USE PERMIT The applicant was present. Gaffron reviewed the application for the proposed golf club and the requested variances and conditional use permit. The variances are for an oversized accessory structure, the maintenance facility, bluff impacts, and wetland impacts. The CUP is for land alteration for the movement of over 340,000 cubic yards of soils on the site as well as for the golf course use. This use is a permitted use under the RR -1B and RR -1B -1 Residential Zoning Districts. An EAW is currently in process. No final action can be taken until the EAW is complete. Gaffron reviewed the list of previous and new exhibits as shown on the staff memo of 5/9/97. Gaffron emphasized the need to determine whether the plans attached are current. Jabbour asked to review the plan and gather the opinion of the Council on each issue. He also asked for an understanding of the schedule required for gathering of the information • for preparation of the CUP. He asked to review the Planning Commission and Staff recommendations and information needed for the EAW. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) is Gaffron referred to item F which provides the information regarding the EAW, and in particular to the letter from the DNR. Jabbour said the Council is not ready to act on the EAW or EIS. Gaffron said additional EAW information will be forthcoming from Marshal Braman and suggested a special meeting be scheduled to review it. Jabbour agreed. Gaffron reviewed the Planning Commission and Staff recommendations as outlined in the 5/8/97 memo and the discussion was as follows: (I) Zoning Conformity - Council agreed that the pertinent portions of the site should be rezoned from RR -1B -1 to RR -1B and the future use of the site as a conference center would be eliminated. (ID Legal Combination - Applicants' Attorney, Tom Crosby, said they agreed with the legal combination but would most likely plat the property, which would make it easier for granting conservation easements. Jabbour was informed that this would include the proposed trails. Crosby indicated the property south of Spring Hill Road would remain independent as an outlot. Flint asked if depictions are available as to what the property will look like after the EAW • is complete. It was agreed that it is difficult to make this determination at this time. Crosby said the plans can be defined by the drawings presented and descriptions. Jabbour asked if there will be a developers agreement. Gaffron said there would be and it would include the platting. Crosby agreed. Radio suggested the Council use the current plans as a basis for alt conditions. Flint asked how this would be affected by changes. Gaffron informed him that there has been no resolution presented with conditions as of yet. A resolution can be prepared once preliminary or conceptual approval is given. Jabbour indicated his support of the project based on the proposed plan. He indicated that an EIS could be necessary if the plans were significantly changed from those currently shown. He noted the need to pin down any variables and asked for this information prior to the next meeting. Moorse said this information can be reflected on the final revisions of the plan. 40 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEE'T'ING HELD ON MAY 12,1997 • ( #10 Spring Hill Golf Club - Continued) Council agreed with the legal combination as presented. Jabbour noted the applicant would be bound by the set of plans. Gaffron said he would include a stipulation that the conditions apply to the most current plans. Radio reported that if the plans were to change substantially, the EAW process would be required to start over again. He informed the applicant that it would be in their best interest not to change the plans. Jabbour indicated small "tweaking" of the plans may still occur. (III -A) Bluff Impact Variances - Council agreed with recommendation as presented. III -B) Wetland Impact Variances - Gaffron reported there will be grading, fill, and expansion of City and non -City protected wetlands. Mitigation will occur on the site. Jabbour said that the access was not noted. He asked if the wetland mitigation would be banked for City credit. Gaffron said this would possibly be used for the trail through the wetland area adjacent to Tamarack Drive. Tom Crosby said the Golf Club would need to retain a portion of the wetlands credits to provide some flexibility for subsequent "tweaking" of the golf course. He agreed that the credits would not be sold, and that a portion of the credits could be used to enable a trail to be constructed. He agreed with the recommendation in concept as well as with the trail with some minor changes. • Tom Radio noted the minutes of the Planning Commission review did not indicate any discussion of the hardships. He said these hardships need to be identified and verified. Gaffron said the findings as stated in the resolution will indicate elements of the Planning Commission discussion not specified in the minutes, as well as findings to be made by the Council. 0 Kelley was informed that there would be a net gain of wetlands. Mr. Morrison noted there would be an additional 2 acres of wetlands created. Flint reported that the proposed trail location recently communicated to the developer may or may not affect the wetlands. Gaffron said that any additional changes to wetlands will require a sequencing process with a separate review from those currently under discussion. Gaffron said the Planning Commission did not discuss in detail the use of the wetland credit. Jabbour said the City has been concerned for several years over the need not to lose any wetland credits. He asked to ensure that these credits would not be lost noting it would not disable the applicant from "tweaking" their plans. 5 MINUTES OF THE REGULAR ORONO Cffy COUNCIL MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) • Flint asked how the newly proposed trail can be provided for without holding up the project. Moorse said if the City and developer agree on the trail, it can be shown on the plans. It would not create any problem as long as there are greater credits than what is required. The variance process can be used if found that filling is required, but the trail must be shown on the final plans. Jabbour said the trail should be shown on the final plans as well as in the conditions in the developers agreement, which will include a letter of credit. Crosby said he will determine the amount of credit and amount needed for use on the golf course and give the remaining credits to the City for use for a trail and for general credit. Kelley said he recommended the trail be outlined before the plan is finalized. Morrison asked that if filling becomes necessary, the applicant would not be required to go through the full review process again. Jabbour suggested the trail be added to the MCWD application submitted by the applicant. Applicant and Council agreed. Jabbour indicated the key issue would be agreement on the trail placement. Flint asked who would pay for the trail and maintain it. Crosby said the City would have to be the owner of the trail through fee title for insurance purposes. It was noted that the City has used both the fee title and easement methods for trails. Flint said there were wetland issues to be solved regarding the trail placement. Jabbour said he had met with the applicant who has agreed to identify the property lines so an understanding can be obtained on where the right -of -way exists. This will enable the applicant and Council to gain a vision of where the trail will be located. Crosby said the right -of -way should be marked by the end of the week. Gaffron said he would add the condition to the recommendation that the City will have the right to use the wetland credits. Goetten inquired when the applicant expected to hear from the Watershed District. Crosby indicated he will meet with the Watershed District on Thursday of this week, and their application is on the agenda of the MCWD for the meeting of May 22. Jabbour noted that the CUP would be subject to the approval of the Watershed District. Gaffron suggested the condition note the requirement of approval of other agencies as well. Gaffron said he was concerned that the Watershed may establish requirements or conditions that would affect the plans. Braman said the Corp of Engineers have indicated the permit would be issued within a week. (III -C) Big Woods Alteration Impacts - Gaffron reviewed the Staff, Planning Commission and City Engineer's recommendations. Jabbour asked that the applicant provide a vegetation plan.. i 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) Gaffron asked that the tree planting plan include where the trees will be moved from and where they will be placed. Goetten voiced concern with the trees being moved from the site to the nursery and questioned the possible loss of trees through this process. Gaffron indicated the applicant said the trees must be moved in May or June. He suggested the Council may want to ask the applicant to move the trees as soon as possible in order to avoid the loss of trees. Goetten asked how long it would take to move 500 trees. Hunter said some trees are limited by the access. Three spades will be used for tree movement with some removal by hand. They estimate 100 -150 trees can be moved weekly at a rate of one tree per 45 minutes for each spade employed. Goetten and Jabbour inquired whether the applicant had the right to make changes on the land prior to taking title. Hunter said the real estate closing is scheduled for the last week in May. Once that closing occurs, the applicant will begin tree movement. Jabbour said the Council wants to facilitate the applicant being able to move the trees as quickly as possible. Flint asked if the applicant will have written documentation regarding efforts to mitigate the damage to the Big Woods as requested in the DNR letter of May 8. Jabbour said this information will be required prior to the special meeting. Morrison said this can occur if an agreement can be reached. Gaffron read the DNR recommendation. He said the information should provide the necessary material to avoid the need for an EIS. Braman is to provide that information to Staff prior to the meeting. Morrison said the DNR requested the layout of the course and what mitigation has occurred and will occur. The DNR asked that this process be noted in descriptive form for confirmation of minimizing impact to the Big Woods. Dick Krueger said he attended the meeting noted. He thought the request was for additional ways to mitigate the impact to the Big Woods. Jabbour informed him he was correct. Instead of cataloging trees, the applicant must show tree preservation. He indicated that the DNR had not previously been made aware of all that was being done to mitigate and minimize the impact. The Council voiced satisfaction with the process being taken by the applicant to continue mitigation and minimizing impacts to the Big Woods. sKelley said he agreed with the Planning Commission recommendation. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) • Jabbour said he was reviewing the application as a development, not a residential development, and looking at what rights the applicant and City have in order to perform due diligence. Goetten said the Council must technically look at the application currently under review. Flint said he was becoming more satisfied but would like to see the final plan. While he would like to preserve all of the Big Woods, he understands that the option is not available. (III -D) Alteration of Wildlife Habitat and Movement Corridors - Gaffron noted that this refers back to the original memo and is centered around the Big Woods and wetlands. There are no specific recommendations. The City Engineer has recommended that the project maintain connectivity regarding a corridor for wildlife movement. Flint noted that the perimeter type of split -rail fencing proposed will also help meet these goals. Crosby said the one fence proposed is between the trail and the golf course property itself. It would be decorative and not present a barrier for wildlife. (III -E -1) Drainage - Council agreed with Staff and Planning Commission recommendation. (III -E -2 ) Wetlands - Gaffron noted that the weir can be moved if adjustments become • necessary. Jabbour asked Mr. Krueger if he found the solution satisfactory. Krueger said he agreed with the concept. Jabbour asked that a copy of the development agreement, which will address the weir issue, be given to Krueger. Council agreed with recommendation. (III -E -3) Water Quality - Gaffron reviewed the recommendation. He noted that Staff had been awaiting the City Engineer's recommendation. It was received on 5/6/97. Bonestroo's recommendation as noted in the memo was reviewed. Council agreed with Staff, Planning Commission, and City Engineer's recommendations. (III -E-4) Hardcover Calculations - The application meets all hardcover requirements. Jabbour said Gaffron can assume Council agreement until otherwise noted in comments. (III E) Septic Systems - Gaffron informed the Council that no plan has yet been submitted for a specific septic system site for the maintenance facility. This information is needed soon. Any approval will be conditioned on receipt and approval of information. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 • ( #10 Spring Dill Golf Club - Continued) Kelley asked if the sewage from the restroom located near the tunnel will be discharged back to the maintenance facility septic system- Gaffron said he assumed this would occur unless a separate system is required. The applicant said they planned on a combination system. Braman said septic system testing has been completed. He indicated the septic system for the conference center meets standards. Braman said there was a possibility that separate systems might be needed for the tunnel restroom and maintenance facility. He also reported that septic sites have been identified. Council agreed with recommendation for conditional approval. (III -0 Groundwater Usage/Immpacts - Gaffron noted that the well serving the facility is a surficial aquifer while neighboring wells are located in deeper bedrock. It was determined that no other wells exist within the 900' radius that might be affected by this well. Kelley was informed that a dual line irrigation system would be used down the fairways, and the water supply would be adequate to handle the need. This includes the area north of CoRd 6. Council concurred with Staff and Planning Commission recommendation. L111-M Storage of Fuels and Agricultural Chemicals - Gaffron said the storage would be adjacent to the maintenance facility and both facilities would require appropriate screening. The recommendation is conditioned on regulations of other agencies being met. Jabbour asked if precaution has been taken for water safety. He was informed that necessary precautions have been taken. Kelley was informed that the maintenance facility will have a fire sprinkling system. Kelley questioned whether the chemical storage facilities should also be required to be sprinkled. Tim Johnson said that other golf course storage facilities he has been associated with have not required sprinklers. He said there are signs posted regarding the usage. He has not checked with the fire department as yet. Jabbour was told that the storage facility would be a pole building. Kelley inquired if the piping would be adequate to accommodate the fire department. It was noted that there is a fire hydrant by the clubhouse. Crosby said the maintenance 40 facility would have a new well. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) The majority of the irrigation will run to the holding pond where it will be retained and recycled and its level regulated by a monitoring device. Kelley asked why a holding pond was used instead of directly irrigating from the wells. He was informed by Braman that it was designed to operate as a NURP pond as well as allow the water to be recycled. Braman said they are able to better control the water temperature and efficiency in terms of well sizing. Jabbour noted there is also value to the nutrients in the water. Johnson reported that there will be one gas tank and one diesel tank encased in concrete. The agricultural chemicals are a combination of dry and liquid. Jabbour noted the need for a basin to contain the liquids. Johnson said the floor will be recessed to accommodate spills and act as a basin. Council agreed with recommendations. (IV -A) Maintenance Facility Access Location - The access will be located off of Tamarack on the high point of the roadway for safety reasons about 200 -300' from the intersection of CoRd 6. Kelley put the applicant on notice that this road will have load restrictions in the spring • months. Cook said this road is built for 5 ton capacity. Council agreed with recommendation as noted in the Staff memo. (IV -B) Clubhouse Access Location - The Planning Commission was unable to reach a concensus regarding the access. Staff and Hennepin County recommend access onto Spring Hill Road and elimination of all access points abutting the site on CoRd 6. Goetten said she disagreed with Staffs recommendation. She suggested the use of the existing location on CoRd 6 as the property is not residential and the Council must consider future use. Flint agreed with Goetten. While understanding the concern over traffic, Flint said he believed it would be a wrong decision to locate the access from Spring Hill Road when considering the future of the City. Noting the recommendation for an upgrade for Spring Hill Road, Flint said he believed Spring Hill should remain a quiet rural road, especially in light of a trail along that stretch of road. He feels a Spring Hill entrance would encourage other development. Kelley disagreed with Flint and Goetten. He noted the 55 mph speed limit on CoRd 6 and is concerned with cars making turns along the hilly area. Goetten said a left turn lane could be used. He said he assumed there would be a left turn lane. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL . MEETING HELD ON MAY 12,1997 • ( #10 Spring Hill Golf Club - Continued) Jabbour noted that cars would still have to make a left turn to access Spring Hill Road from CoRd 6. He said Spring Hill Road was never envisioned to be heavily traveled. Kelley indicated there would still be a safety issue even if the property was residential in nature. He said people are already aware of the intersection of Spring Hill Road and CoRd 6. Kelley noted that Hunter Drive is a 4 -way intersection and most traffic, comes from the east. He reiterated that it would be a major mistake to allow traffic to enter the golf course from CoRd 6. Jabbour, while recognizing that the project is based on a plan of 185 memberships, stated the Council must view it as a possible 300 member application. He asked the Council if they would want all of this commercial traffic going through Spring Hill Road that was never intended for such use. He did agree that a left turn would be better located elsewhere on CoRd 6. Kelley suggested limiting the number of memberships as a condition of the CUP requiring the applicant to readdress the allowed number if it should change. Jabbour opined that it would be difficult to limit the number of members. Goetten said her concern is with the narrow roadway and icy conditions in the wintertime. While recognizing the good intentions of limiting membership by the golf club, changes may occur in the future that would make the access best located on CoRd 6. Kelley said the CUP could control that possibility. Goetten agreed but felt the road access should be decided now. She noted the possibility of CoRd 6 being a 4 -lane road at some point in the future. Kelley asked what the proposed design was for the entrance at CoRd 6. Gaffron indicated that this information has not been made available. Hunter said it would be difficult to change the by -laws of the golf club to allow more members. However, Crosby suggested the number be limited to 225 members. Morrison also asked for flexibility. He noted there would be some national members instead of local only. Jabbour said the location from which the members arrive is not a consideration. Jabbour suggested a maximum membership of 250. The applicant agreed. Radio was asked for his opinion regarding membership limitation. Radio said it would be difficult to incrementally stop increases but only in regulating large changes. It was noted that a membership usually involves a couple which automatically increases the actual number of people using the golf club. Peterson said she agreed with the access location from CoRd 6 instead of Spring Hill Road. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) . Dick Krueger said he agreed with Kelley regarding the poor sight lines on CoRd 6 noting problems that occur at CoRd 6 and Willowbrook. He suggested a better site would be at Hunter Drive and CoRd 6. Flint cited an example of traffic flow on Sunday mornings where a number of cars turn left from CoRd 6 without incident. Jabbour informed Gaffron that the Council consensus was for the clubhouse access location from CoRd 6. Gaffron informed the Council that County representatives, Thomas Johnson and Dave Zetterstrom, both indicated that the existing entrance does not provide for adequate safety and must be moved. Jabbour said it was his understanding that a legal access cannot be eliminated. Radio said the property owner must have reasonable access to a county road but the actual location can be determined. He also noted that the use of a median does not constitute a loss of access. Tom Crosby said the access is carved into the bank and a change would disturb tree location. While recognizing the legal aspects of access, Crosby noted that the usage would result in a reduction from the usage the property had with the conference center. Gaffron said it is his understanding that the applicant would be required to obtain an is access permit from Hennepin County. He does not believe this choice will be approved. He indicated that an acceptable access location may not fit with the current layout of the golf course. Jabbour said the Council will revisit this issue. He suggested time be allowed for the applicant to meet with County representatives regarding access. Kelley noted that part of the issue will be the design of the entrance and by -pass lane from the west. Gappa said the County would require a by -pass lane. He recommended the Council make that a requirement of the approval with the applicant working out the details with the County. Kelley also asked if the tunnel would serve the golf carts as well as maintenance equipment. He was informed that it would. (IV -C) Spring, Hill Road Condition - Gaffron reviewed the Engineer's recommendation for an overlay. Flint noted that this would be irrelevant considering the possible access from CoRd 6. Jabbour suggested the applicant pay a portion of the cost of the overlay if it was required. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 • ( #10 Spring Hill Golf Club - Continued) (IV -j Intersection Upgrades - Gaffron reported that Staff and Planning Commission agree with the County recommendation for a by -pass lane at Hunter and CoRd 6. Since the upgrade would be development driven, it was recommended that the applicant be required to pay for this upgrade. Council agreed. (IV- E�Trail System - The Park Commission had discussed a comprehensive trail. The applicant has agreed to cooperate to the extent possible. Jabbour said he met with the applicant on this date reviewing the layout of the trail. The applicant did not feel the trail as outlined was possible. The applicant would like to meet with representatives of the Park Commission and Council to identify the trail location after first determining the right -of -way. Jabbour said it would be counterproductive to discuss this issue any further until the additional information was determined. The layout of the trail as recommended by the Park Commission was reviewed. The trail would be a walking path about 4 -5' wide made of a natural or wood chip surface. Hunter said the trail plan can be worked out. • (!V -F ) Utility Needs - There was no recommendation regarding this issue. (IV -G) Tunnel Under CoRd 6 - Gaffron reported that it is the County's intent to contract with the City regarding the tunnel as the County will not enter into an agreement with a private developer. The City could then reassign certain responsibilities to the applicant. 18 Jabbour said he discussed this issue with the applicant. He said the City normally would not be an agent for an applicant but thought an exception may be made in this case. He suggested acceptance of a trait plan and possible construction and maintenance of said trail would be a trade -off. The City could then assume some of the responsibilities for the tunnel and pass others onto the applicant. Crosby said the County does not want to work with a private developer regarding inspections. He thought the City's involvement would be mainly inspection reports. Flint suggested this may work similar to the arrangement with the baseball association. Jabbour noted that the City would not enter such an agreement with the ice arena regarding stormwater pond maintenance. CD-A) Archaeological/historical sites - Braman said the archaeologist has completed phase II for the west site and found nothing of significance. There was no foundation found. Jabbour verified that there were no buildings. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) • (VI -B -1) Aesthetics - Architectural Compatibility_- Gaffron reported that a portion of the clubhouse will be removed and the remainder remodeled. It is fairly residential in design and the location is not readily visible from off site. The maintenance facility as proposed is not visually compatible with the neighborhood and will require screening. The applicant proposes the use of vegetation and berming to result in the structure being invisible from off site. The Planning Commission also recommended that the maintenance facility be totally screened. (VI -B -2) Lighting - Gaffron reviewed the recommendation. (VI -B -3) Preservation of Open Space - Gaffron reviewed the recommendation and conditions noting the desire to maintain the open vistas currently existing between Ferndale to North Brown Road. He noted that the character of the fencing would not inhibit wildlife movement. (Vi -C -1) Maintenance Activity_ Impacts - Recommendation was reviewed. (VI -C -2) Clubhouse Area Activity - The discussion regarding the number of memberships was noted. The amount of traffic would be restricted for special events requiring controls be in place. VI -C -3 impact of Seasonal Use - The limited winter use was noted. • CD-D) Golf Course Amenities - Gaffron indicated that the club house is not intended for use for large weddings where a ballroom would be required. Smaller weddings may occur. The Staff and Planning Commission recommendation was reviewed in regards to screening and orientation of the concession stand. (VI -E) Land Alteration CUP - Gaffron said the applicant will balance the amount of cutting and filling to limit the amount of traffic movement over the roads. He reviewed the b conditions as noted. Jabbour asked if direction was required regarding hours allowed by which to allow the land alteration. Gaffron suggested Monday through Friday, 7:00 a.m. to 7:00 p.m. Dick Krueger asked that Saturdays not be included. Morrison and Johnson indicated the need to work on Saturdays especially in light of moving the trees. After discussion, Council agreed to allow land alteration to occur on Saturdays from 9:00 a.m. to 5:00 p.m. except for heavy equipment. If the applicant finds the need in emergency situations to use heavy equipment or the weather has impeded progress, the applicant is to work with Staff regarding approval to continue this operation on Saturdays. Land alteration on Sundays will not be allowed. Gaffron said he would monitor any problems. Flint and Goetten asked for some flexibility regarding tree movement. Kelley noted there may be a problem • with dust. 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #10 Spring Hill Golf Club - Continued) Dick Krueger asked about oak wilt noting it is easily spread and difficult to control. He asked that the oak trees not be disturbed. Braman said the DNR has not responded to that specific concern. He said they were informed that the roots of trees should be severed to ensure infected trees not spread disease. Jabbour asked that the applicant submit a report from a tree expert on this issue. Braman will provide this information as part of the forthcoming information from the DNR. A progress report is to be submitted before any decision is made at the next Council meeting. Morrison said a plan will be submitted before that meeting, and he will keep the City updated. Jabbour asked if enough information was provided to allow a document be drafted for adoption at the next Council meeting. He asked that findings be prepared to allow for action to be taken regarding the EAW at the special meeting. Gaflron said the package will be formatted for EAW acceptance with no EIS required. He will work with Radio in drafting the document. Goetten asked for updated material prior to the meeting. Crosby asked for clarification on payment of the upgrade of Spring Hill Road. Jabbour said this would depend on where the access is located. If the existing access is approved, Jabbour clantied that a by -pass lane would be included. Kelley said the by -pass lane should be long enough to allow for cars to move into that lane soon enough for the next oncoming car. 0 There were no additional public comments. The special meeting was scheduled to continue discussion of the EAW on May 21 at 6:00 p.m. Braman noted that the majority of the information should be available at that time. Jabbour moved, Kelley seconded, to continue the review of the CUP to the Council meeting of May 27 and the EAW review to the special meeting of May 21 at 6:00 p.m. or to the May 27 Council meeting if said meeting is canceled. Vote: Ayes 5, Nays 0. (There was a 10 minute recess.) ( #6) #2222 JOSEPH VOCHKO, 2925 CASCO POINT ROAD - VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 3898 The applicant was present. Van Zomeren reported that the after- the -fact application is for a CUP and hardcover variance for a boulder wall that is partially in place. The Planning Commission recommended approval subject to conditions regarding the placement of the boulders as noted in the staff memo. It was noted that it is difficult, if not impossible, to obtain approvai of a bouiaer waii from a btrucaurai engineer. The time in the resoiution has been • changed from April to May. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#6 - #2222 Joseph Vochko - Continued) . Goetten said some of her concerns were answered after speaking with the applicant. She asked Cook to comment. Cook was informed of the slope of the hill, the height of the wall, and the boulders being placed in "pockets ". Cook said he was comfortable with the use of large b oulders which should be fairly stable. Jabbour noted that the Council cannot give direction regarding safety and engineering but address only the aesthetics and hardcover issues. Goetten moved, Kelley seconded, to approve Resolution No. 3898. Vote: Ayes 5, Nays 0. (Mayor /Council Report follows Agenda Item 12) ENGINEER REPORT (* #11) APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS - BAY RIDGEIBRACKETTS POINT SEWER PROJECT - RESOLUTION NO. 3900 Goetten moved, Peterson seconded, to adopt Resolution No. 3900 approving the plans and specifications and ordering advertisement for bids. Vote: Ayes 5, Nays 0. ( #12) COUNTY ROAD 19/TONKAVIEW DRAINAGE SITUATION Property owners, John Bessessen and Kathy Sawicki, were present to discuss this issue. Gappa said work began last summer to make improvements regarding drainage problems by use of ditching and rip -rap and an overlay on CoRd 19 to reduce the amount of water traveling down that road. This did not solve the problem. The two property owners have incurred $46,000 in damages in 1996. History of the problems are relayed in the report. Gappa said the best solution is to create a ponding area to limit the flow into the existing culvert that runs under CoRd 19 to divert water flow from Tonkaview. The engineering cost reflects regrading of the intersection with catch basins and a storm sewer by the ponding area to reduce flow into the lake. Conversations have been held with the property owner where the pond is to be created. Gappa said it is his intention to present this recommendation to the Council to obtain approval to proceed with the concept. Jabbour asked if the land in question is currently wetlands. Cook said the property is more pasture Iand that is not maintained. It is not wet. • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12t 1997 0 ( #12 - CoRd 19/Tonkaview Drainage Situation - Continued) Bessessen said the direction of the water changed at some point. The area had been dug out. There is currently a 2' culvert. Cook said this currently reflects the flow. Jabbour asked why the stump placed there is not removed. Cook said it works well. Gappa said erosion would occur if it was removed. Kelley asked how much rain the pond would hold. Cook said it would hold a 100 -year storm. The flow would be pushed to the pond which would be 120'x80' and 3' deep. Kelley asked if it would be dry most of the time. Cook estimated the pond would be wet for about two hours after a 100 -year storm. On a five -year storm basis, it would be wet for about one hour. Kelley was informed that it would catch the water flowing down Tonkaview. Kelley asked if it was correct that the housing development caused a change to the water drainage. Cook said some change probably occurred. Jabbour asked if the slope of the County road could be changed. Cook said it would add to the problem. Sawicki said they had hired a hydrologist to study the area, who was conclusive in stating is that the development caused the source of the runoff. Kelley said the housing development is mandated not to cause change to drainage patterns. Kelley questioned whether the residents could be held responsible for causing this change. Jabbour noted that the housing development had received City approval. is Jabbour questioned what effect the ponding would have on the property where it is to be located. He was concerned that it would affect the conformity of the property. Gappa said the property owner was concerned that the pond would affect her garden area. The lot was said to be one acre in size in the one acre zoning. The creation of the pond would deem this property non - conforming. Gappa suggested an easement be taken. Goetten said this would place a burden on the property owner if any improvements were proposed. Jabbour asked about the other cornering property. Bessessen said it was owned by his father -in -law. Jabbour suggested he speak with him regarding using the property for ponding. Bessessen noted that the proposed ponding area had a natural depression. There is also a retaining wall in place that had been erected by Hennepin County. Sawicki said she spoke with the concerned neighbor. She voiced concern with losing control of the property if she granted an easement as well as possible loss of trees and creation of a large pond. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#12 - CoRd 19/Tonkaview Drainage Situation - Continued) Jabbour asked Gappa and Cook to meet with the property owner regarding the pond to seek some solution. He noted the need to gain approval from the property owner, establish a price without condemnation of property or deeming it non - conforming, and determining who will pay the cost of the improvement. He was concerned with setting a precedent of stormwater management without assessment. Sawicki noted that the alteration by the County with curbing eliminated an outflow causing all of the water to run to the ditch from CoRd 19. She asked the County for assistance, who wanted an earthen dike. Bessessen said a claim to the League of Cities was denied based on an unsubstantiated claim. He said he would prefer an assessment versus losing his home. He indicated that his foundation is ruined. Bessessen suggested a solution of possibly a pond in the right - of -way that would be long and narrow. Jabbour said a solution will be determined but it would require some time. He asked Cook and Gappa to also meet with the County as well as the property owner. He noted that a small neighborhood drainage problem can be handled by the City. It the problem becomes one involving the watershed, it would require a hearing. It was noted that there are six homes in the potential assessment area. • Radio indicated that outlying properties cannot accelerate drainage to other areas. He suggested the use of litigation for leverage in assessment. Bessessen and Sawicki noted that there property values have been lowered due to the problems. They suggested a possible lowering of their property taxes. Cook said the $10,000 for intersection reconstruction with ponding on the property to the west may create problems for that property owner. He noted the need for a control structure without creating new problems. The road could be tiled for drainage to the west. Gappa said the road would still require regrading. Sawicki said she had originally asked for curb and gutter but was told that it would push too much runoff down hill. Cook suggested the use of a stormwater utility fee to collect funds for such problems in the future. Radio said the test would then be for legality and not benefit but saw the fee as a fair and reasonable charge. Jabbour asked what difference there would be from this type of fee from collecting through property taxes. Radio said this fee can be charged to a specific district. n U 18 MINUTES OF THE REGULAR ORONO CITY COUNCIi. MEETING HELD ON MAY 12,1997 0 MAYOR/COUNCIL REPORT Jabbour asked that the scheduled Special Council Meeting for May 21 include discussion of CoRd 6 improvements specific to the Huntington Farm development. He asked that these residents be notified. He asked for a presentation showing the step -by -step process involved and including information from the comprehensive plan, specifically information from the 1970's regarding CoRd 6 and Hwy 12, the McCulley Road area, and the City's position regarding the Hwy I2/CoRd 6 intersection. Kelley reported information from the Fire Commission meeting. The fire department is requesting two additional vehicles. They plan on adding a medical response truck, specifically a Suburban, equipped with medical equipment. The used truck is estimated at $24,000 and $20,000 for the equipment. They will continue to use the current truck. Kelley said the ambulance servicing this area is frequently out of the area on calls. There has also been an increase in the number of calls. The second vehicle requested is a pick -up truck that would accommodate 4 -5" hose. The truck would cost about $30,000. Kelley said the Long Lake Fire Department is advising the City that they project the need for a new fire truck in 2000 -2001. The current cost of such a truck is $250,000. is Kelley noted the population growth is increasing beyond the budgeted amount for such capital equipment. While there is sufficient funds available for current needs, Kelley said the City needs to plan for other proposed needs in the future. He noted that the turn-out gear used by the fire department is in need of replacement at a faster rate than previously found. Kelley said the issue extends beyond this equipment need. He noted the City is currently paying 70% of all costs and is concerned with continuing payment of 70% of required upgrades. He indicated the need in the near future for a new fire station and questioned where it would be located. Kelley noted Willow Drive and North Brown are major north -south roads, and the fire station should be located to conveniently access these roads. Kelley asked the Council to consider these needs and the growth of the community when reviewing the budget. He said the Council should know the service area, the number of homes being built, the number of homes in the service area within Orono, and the allocation formula. The Council all agreed that the Fire Department is doing an excellent job. Jabbour said he was not as concerned with the location of the fire station but with a loss • in the number of volunteer fire fighters. He also suggested a trailer be purchased to accommodate the hose instead of a truck. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (Mayor /Council Report - Continued) Kelley noted another concern of the fire department is the size of the trucks versus the narrow driveways of many homes. There is also the need to consider zoning code requirements regarding height and the ability of fire trucks to handle such calls. Goetten suggested considering the possibility of purchasing a used fire truck. Kelley and Moorse will meet to discuss these issues. Flint reported that he and Jabbour attended the Highway 12 Design Meeting. While noting there is room for flexibility, the issues are becoming clearer and more specified. He recommended additional City involvement. Jabbour said a sub- committee should be formed made up of residents, staff, and Council to represent the City at these design meetings. He indicated there is a need for residents' vision regarding property use to limit damage to properties. He suggested a special meeting be held to discuss these issues. A Work Session was scheduled for 6:30 p.m. preceding the Council meeting of May 27 for residents west of Willow Drive. A Work Session was scheduled for 6:30 p.m. preceding the Council meeting of June 9 for residents east of Willow Drive. CITY ADMINISTRATOR'S REPORT • ( 013) PARTIAL PAYMENT OF SPECIAL ASSESSMENTS - ORDINANCE NO. 150, 2ND SERIES Moorse reported that the ordinance would enable residents in the sewer project to partially prepay their special assessment. The Council has adopted ordinances allowing prepayment of assessments in the past but were specific to a particular public improvement project. This ordinance would be more general allowing partial prepayment of assessment for any public improvement project. Kelley moved, Goetten seconded, to adopt Ordinance No. 160, 2nd Series, allowing partial prepayment of assessments. Vote: Ayes 5, Nays 0. (* #14) PARK COMMISSION REAPPOINTMENTS Goetten moved, Peterson seconded, to reappoint Susan Wilson and Sherokee Ilse to three year terms on the Park Commission expiring on December 31, 1999. Vote: Ayes 5, Nays 0. • 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( * #15) ADVERTISE FOR BIDS - OLD CRYSTAL BAY ROAD BIKE/HH<X TRAIT. Goetten moved, Peterson seconded, to authorize the City Engineer to advertise for bids for the Old Crystal Bay Road Trail segment from the northerly boundary of the city facilities property to County Road 6. Vote: Ayes 5, Nays 0. ( #16) TELECOMMUNICATIONS TOWER AND ANTENNA REGULATIONS - UPDATE Moorse presented the Council with updated information regarding the telecommunications tower and antenna regulations for discussion and input. He noted the City is moving forward in a conservative manner regarding the regulations to find a balance between accommodating PCS vendors and limiting the proliferation of towers. He is concerned that the limitation of antennas to City structures, namely the two water towers may eventually cause a problem with accommodating the potential 5 -6 vendors. Moorse said each tower will probably be limited to use by 2 -3 vendors. He suggested an option might be allowing towers to be built by vendors and owned by the City for lease to the vendors. Jabbour asked if Moorse was convinced that the two water towers would be insufficient to handle the PCS antennas. Moorse indicated the water towers could not accommodate • more than three vendors. He did note that surrounding cities have water towers that also can be used. • Radio said the full extent of the new law is yet unknown. The PCS companies and their representatives have actively been advancing the cause for the companies. Kelley said he felt that the law would probably not require the City to maintain space for a large number of providers and recommended maintaining the antenna locations on the two water towers. He said the first ring suburbs will be affected first by the PCS companies, and the City can watch what occurs. Jabbour said the companies can choose from the locations provided at this time. ( #17) OFF -SALE LIQUOR LICENSE -12 HI LIQUOR Moorse reviewed the floor plan for the liquor store. He voiced concern that there will be the ability to access the liquor store from the convenience store. He recommended a door be installed to prevent access by customers for use by employees only. Construction of a wall would impede access to the office and rest room. The police chief recommended approval of the license. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ( #17 - Off -Sale Liquor License - Continued) Kelley thought there should be a separate entrance for the liquor store from the convenience store. He does not want the liquor store parking to occur by the gas pumps. Kelley inquired about the rules for maintaining a liquor license. Moorse said staff is reviewing recodifying the liquor ordinance and would probably use a series of suspensions for violations. Peterson asked that the license require the door separating the liquor store from the convenience store to remain closed. Peterson moved, Goetten seconded, to approve the liquor license application for 12 Hi Liquor at 2160 Nest Wayzata Boulevard, with the condition that a door be installed, and remain closed, except for employee use, separating the liquor store from the convenience store. Vote: Ayes 5, Nays 0. ( #18) SCHEDULE A MEETING TO DISCUSS TAX INCREMENT FINANCING AS A TOOL TO ASSIST REDEVELOPMENT The meeting is scheduled for June 2, 1997 at 5:00 p.m. CITY ATTORNEY'S REPORT City Attorney Radio had no report. ( * #19) LICENSES Goetten moved, Peterson seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Garbage and Refuse Collector's License: Baldy Sanitation Inc. 5906 Henry Street Maple Plain Blackowiak and Son Sanitation and Rolloff Service 1195 Sunnyfield Rd. N. Mound ( * #20) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. • 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 • ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn at 10 :55 p.m. Vote: Ayes 5, Nays 0. w G 1 Jabbour, May ATTEST: 23