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HomeMy WebLinkAbout07-14-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY 14, 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 Torn Barrett, 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 #8, 9, and l l 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 JUNE 23,1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council • Meeting of June 23, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS (43) TREE PRESERVATION ORDINANCE UPDATE Van Zomeren referred the Council to the memo regarding the Tree Preservation Ordinance. She noted that the subcommittee and staff met several times regarding the issue. The Park Commission directed the memo written by Beal be forwarded to the Council for their review. The Park Commission recommended a committee made up of two Park and two Planning Commissioners, along with Staff, and Consultant develop the specifics of the ordinance for review and adoption in the fall. Goetten said it was her understanding that the Planning Commission would review the ordinance. Van Zomeren indicated that the Planning Commission has not seen the draft. Jabbour asked to discuss the agenda item later in the meeting noting he was dissatisfied with the process taken. (The agenda item was discussed further following the Zoning Administrator's Report.) to MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,197 PLANNING COMMISSION COMMENTS is Commissioner Stoddard had no additional comments at this time. PUBLIC COMMENTS Keith Vanden Branden, 1480 Long Lake Boulevard, asked to address the Council regarding the major problem that has erupted with milfoil in Long Lake. He asked for Council direction regarding what action property owners can take and with whom the matter should be discussed. Vanden Branden felt the problem arose from use of the public access by boats and there should be a public contribution to rectify the problem through an agency such as the DNR- Jabbour informed Vanden Branden that each boat license issued creates a $2 -$3 contribution toward milfoil control. Orono does not receive any of these funds. He told Vanden Branden that the increased clarity in the lake has caused the milfoirs growth. Jabbour said he has spoken with the DNR. Moorse indicated that he has spoken with a person from the DNR who said the clarity of the lake has allowed the growth of milfoil to occur. He said there were two options for treatment that could be used, chemical or harvesting, neither of which would solve or eliminate the problem. Jabbour cautioned Vanden Branden regarding the use of chemicals and their toxicity, 0 which he personally feels is a problem. He noted that aquatic birds also create infestation of the milfoil. He suggested Vanden Branden speak with the DNR on the matter. Jabbour said if chemicals are used, the property owners should receive proper notification of its use. He suggested Vanden Branden review the chemicals used and make his own conclusion. Kelley asked who pays for milfoil harvesting on Lake Minnetonka. Jabbour said the LMCD has three harvesters and another which was donated by Hennepin Parks and receives funding from the DNR. It was noted that the MCWD is not involved. Kelley asked whether the DNR could be petitioned regarding treatment of milfoil. Jabbour said they could. Moorse noted that there is DNR grant money available for such use. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 149,1997 • (Public Comments- Continued) Flint said the City has helped with problems on Long Lake in the past citing the jet ski ordinance adopted through cooperation with the City of Long Lake. He noted the public can treat only a portion of the lake. Flint thought the City should work with the private property owners and. share in the cost of treatment. Jabbour said this would be a strong diversion from how the City of Orono has operated in the past. Kelley suggested assisting with contact of the DNR. Jabbour agreed that the City could help with contacting people but not with harvesting itself. The Council agreed that they did not want to change their current policy regarding involvement in such matters. Goetten noted that the DNR was involved with increasing the clarity of the lake. Curt Greenley, 1485 Long Lake Boulevard, noted that the northern portion of the lake in Orono receives the drifting of the milfoil causing seeding of the plant. It was his hope that the citizens, along with support of the City, could get help from the DNR. He thought since Long Lake is smaller than Lake Minnetonka, it could benefit from chemical treatment. Jabbour said the City is already involved in assisting with improving the lake and would send a letter to the DNR regarding this issue. Kelley asked how the City can make application for funding. Moorse indicated he is • investigating that possibility. Moorse said it would be helpful if a citizens' petition was included. Jabbour explained the funding formula and informed Vanden Branden and Greenley that the City would continue to pursue the issue. He requested the City Administrator to draft the letter to the DNR and determine the application process. Kelley said he thought the DNR should assess the lake. Jabbour indicated that could be accomplished through the permit application. Flint moved, Kelley seconded, to direct the City Administrator to draft a letter to the DNR regarding milfoil in Long Lake and pursue the application process for treatment and grant money with the help of the City of Long Lake. Vote: Ayes 5, Nays 0. Flint reminded Vanden Branden and Greenley to pursue the petition of the property owners. ZONING ADMIINISTRATOWS REPORT (#4) #2246 DONALD J. CURRIER, JR., 60 CYGNET PLACE - VARIANCE - RESOLUTION NO. 3925 0 Donald Currier was present. 3 AGNUTES OF THE REGUI AR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 04 - #2246 Donald Currier, Jr. - Continued) • Van Zomeren reported that the application is for a side yard variance and CUP for the installation of an amateur radio antenna. The 0.8 acre property is located in the RR -1B Zoning District. Van Zomeien indicated that the newly adopted ordinance requires the antenna be located the same distance from the side yard as height of the antenna. The requested antenna height is 70' which would require a 70' side yard setback.. She of indicated that this was not possible due to the tree cover on the property. Placement the antenna would be IT from the required location. Van Zomeren said the neighbor that would be affected if the antenna were to topple has been informed of this application request and has submitted a letter of support. The side yard setback variance would reduce the side yard setback from the north property line from 70' to 55.261. The nested height of the antenna is 22'8" with a 18" mast, resulting in less than 25' height when nested. The CUP is required for an accessory antenna tower when the zoning codes is not met due to height and side yard. The ordinance allows a maximum 65' height, and the applicant has reported that a 70' height is necessary for international communications. The City consultant, Mr. DuBois, reviewed the application and is in support of approving the application. Goetten questioned whether the antenna would be screened. Kelley said he could support the request for height variance but not the side yard • variance. Currier informed Jabbour that the antenna was horizontal on the end. Van Zomeren noted that trees would be lost if the side yard requirement was met. Currier indicated that the trees are ash. Jabbour questioned why 70' was required for the height when the amount noted as necessary is 20 meters which is 66'. Currier said the height must be at least 66 and the higher the better and less power needed. Currier said the antenna would be nested when not in use and used only in favorable weather conditions. He said the antenna is well - constructed. The tower is rated for three tunes the antenna. The 50 mph wind load is rated for a 30' antenna and the applicant will be using a 14' antenna. Flint inquired of the one opposing vote on the planning Commission. Van Zomeren said Lindquist voted against the application due to the side yard variance request. She indicated that the nesting information was not available at the time, and there was a question whether the side yard requirement was 70' or 25'. The applicant informed Jabbour that the 20 meter is in reference to the frequency band, not the height of the tower. 0 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 • (#4 - #2246 Donald Currier, Jr. - Continued) Currier informed. Flint that the antenna could not be nested or raised in the location required due to the trees. He noted the survey shows the trees plotted that are affected by the antenna and the tree cover then drawn in. Jabbour noted that the ability to have a nested antenna is more visibly attractive than an antenna that must be fully extended at all times. Currier said trees would still have to be removed to allow for the fully extended antenna. Jabbour was informed that the neighbor in whose yard the antenna would fall, if it would topple, gave his approval. Flint questioned why the antenna cannot be moved 15' further along the same line noting the survey does not indicate trees in that area. Currier said the tree cover is located there and would result in the loss of a lotus tree. Jabbour was informed that the horizontal width is a 34' maximum with a 20' long boom. Flint was told that the antenna is directional motorized by a rotor. In answer to the question of how close the neighbor's structures are to the north property • line, Moorse said a letter indicates that the area is ungroomed without any structures. Kelley questioned what would happen if that property owner wanted to build a garage in that location. Currier said the neighbor told him he could put the antenna on the property line if he wanted to. Goetten reported that if the neighboring property was sold, the antenna could create problems for the new owner. Kelley suggested a call option be placed on the antenna if that were to occur. Barrett indicated that this would be difficult to enforce. Peterson was informed that there were a couple other antennas in the City and no problems have been reported. The only other retractable antenna that was on a property in the City was removed when the resident moved. Jabbour said he feels the retractable antenna is a great idea. Currier indicated he would like to maintain the trees to lessen the visual impact. Jabbour moved, Peterson seconded, to approve Resolution No. 3925 per the Planning Commission recommendation. Vote: Ayes 4, Nays 1, Flint. (#S) #2248 DAVID AND JODI RAHN,1385 REST POINT ROAD - VARIANCE - RESOLUTION NO. 3926 David Rahn was present. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEE'T'ING HELD ON JULY 14,1997 ( #5 - #2248 David and Jodi Rahn - Continued) . Van Zomeren reported that the application was reviewed at the June 23 Council meeting for the variance and CUP to restore and build an addition to an existing residence located in the 0 -75' setback. A 5.3' side yard setback would require a variance from the I0' requirement. A lakeshore setback variance is required as well as a 0 -75' hardcover variance for 19% hardcover, currently existing at 9%, where none is allowed. The CUP is required to alter land located in the 0 -75' setback. The topography is such that the structure could partially be in the flood plain. Jabbour noted that it is necessary to see the topography and elevation of the property. Van Zomeren agreed that the main issue is the topography of the lot and low elevation. Van Zomeren reported that the Planning Commission recommended approval as noted in the staff memo. Peterson, who along with Kelley was not present at the 6123 meeting, asked Flint his opinion of the applicatiom She indicated she had a understanding of the thoughts of jabbour and Goetten. Gowen said Flint's opinion is similar to her own. Jabbour noted that it had been determined that the application should receive a full Council decision. Peterson brought attention to the discussion regarding the flood plain mitigation. Goetten indicated that she felt the residence could be moved back on the property. Jabbour responded that a move would eliminate a sediment pond that helps the lake and • be a burden to find a new location for good stormwater management for the property owner and Watershed District. Jabbour acknowledged the importance of the 0 -75' setback but felt this was a good example of where an exception could be made. Rahn also indicated that the roof line allows for water directed away from the lake. He also noted that the point was sandy and water ponds in the low lying area. Kelley was informed that the applicant is the current owner of the property. Rahn said he reviewed the ordinance and referenced Section 10.55 regarding flood plain management. It encourages providing storage for runoff and elevating the building site. He said the code also allows for the average lakeshore setback. Peterson said the Council historically does not approve structure in the 0 -75' setback but noted the extenuating circumstances involved in this application. Goetten said the lot is very small and substandard. She agreed that it would be expensive to move the residence out of the 0-75' setback, but said she has never voted for new hardcover in that setback. The applicant responded that the land is highest by the lake and then slopes downward. 0 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 • ( #5 - #2248 David and Jodi Rahn - Continued) Kelley asked for clarification on the hardcover calculations of an increase from 9% to 199/o in the 0-75' setback. He was informed that the calculations do not include a driveway or potential garage. There is currently no hardcover in the 75 -25Y setback and the hardcover noted is the house footprint only. Kelley said a driveway and garage are inevitable and would need to know the calculations for them and what amount would be added in the 0 -75' where it leads to the home. Jabbour noted that the application is entitled to 25% in the 75 -250' setback. Kelley questioned what percentage would be in the flood plain. Rahn said the garage would not be below the 431.5' elevation and no variance would be required for a garage. Van Zomeren agreed that no variance would be required. Kelley said he has never turned down an application for a two -car garage noting the necessity for garages in this area but felt the calculations should be included. He questioned a sidewalk leading to the residence. Peterson questioned the need for the calculation since it is not included in the proposal. Rahn indicated that he is allowed 1500 s.f of structure outside the 0 -75' and as much as 2200 s.f with the size of the lot. Jabbour asked the applicant how he plans on walking to the house. The applicant • questioned whether a walkway is required. Rahn said he has no intention of putting in a sidewalk. Jabbour indicated that one would eventually be needed. Rahn said he uses the grass area now and the decking and entry are included in the calculations. He currently parks on the clearing on top of the hillside and there is no established driveway. Goetten questioned why the residence cannot be pulled back. Rahn said the residence would then be located in the flood plain. He said he has space for 1900 s.f in the 75 -250' setback. E Kelley asked Staff if 25% hardcover allowed for the 75 -250' setback includes land in the flood plain. He was informed by Gaffi-on and Van Zomeren that it did. Jabbour noted the structure could be a slab on grade without a foundation. Jabbour said he would make his approval contingent on no additional variances allowed in the future and any further improvements adhering to standards in the zoning code. Gaffi-on questioned with hardcover shown in the 0-75', whether this amount should be subtracted from that allowed elsewhere. He felt it should be. Jabbour cited an example where this has been done in the past. Gaffron indicated that with 2000 s.f total allowed, it would leave 1000 s.f for any future improvements. Jabbour said that was a good idea. Rahn agreed to comply with this request. 7 hHNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 ( #5 #2248 David and Jodi Rahn - Continued) • Jabbour moved, Peterson seconded, to approve Resolution No. 3926 with the additional language added that no additional hardcover ever be allowed in the 0-75' setback and the amount of hardcover in the 0 -75' setback be subtracted from the hardcover allowed in the 75 -250' setback. No additional hardcover would be allowed beyond that guideline. Vote: Ayes 3, Nays 2, Kelley, Goetten. Goetten indicated that the ordinance does not allow for any hardcover in the 0 -75' setback. Jabbour said the applicant would be allowed the hardcover as proposed in the application for the 0 -75' setback and no more_ (#6) #2252 WARREN AND CHRISTINE BIELKE, 2565 DUNWOODY AVENUE - VARLA NCE - RESOLUTION NO. 3927 Warren and Christine Bielke were present. Van Zomeren reported that the application is a request for two variances, average lakeshore setback and hardcover, to add 6' and 4' to portions of the residence to enlarge the garage to three stalls. A portion of the garage is ahead of the average lakeshore setback but not as far ahead as the fiuther point of the structure. The property had been previously approved for a maximum of 35.6% hardcover in the 75 -250' setback. The Planning Commission recommended approval of the application with the 35.6% of hardcover in the 75-25Y setback. Goetten noted that the property has had other variances approved in the past. She • questioned the amount of plastic removed under landscaping. Van Zomeren indicated that the applicant had removed plastic prior to making application and before the survey was completed as they were aware that the prior owner was to have removed that plastic as part of a previous application approval_ Mrs. Bielke reported that their intent is to replace non - structure cement driveway and kennel with structure. There would be no net change. The hardcover would be reduced in general on the property. Goetten asked Van Zomeren to update the hardcover calculations for the file. Mrs. Bielke indicated that the survey was correct in its calculations. Kelley moved, Peterson seconded, to approve Resolution No. 3927. Vote: Ayes 4, Nays 0, Abstain, 1, Jabbour. (Agenda item #7 follows Mayor /Council Report. Item #3 was continued at this time.) 0 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1497 • ( #3) TREE PRESERVATION ORDINANCE UPDATE Jabbour reported that he was of the understanding that the work reviewing a tree preservation ordinance should have been conducted by the Planning Commission. He felt it was incorrect to keep the Planning Commission out of the process and contradictory to the Comprehensive Plan. Moorse responded that the Planning Commission has to be included as part of the full process, and it was not the intent to leave them out of the process. Jabbour said he has received citizen comment that reflected the Planning Commission's lack of involvement in the process to date and feels the process was reversed. He indicated that this is no reflection on the Park Commission. The Park Commission is to comment on the review completed by the Planning Commission. Jabbour felt Planner Van Zomeren spent more time than warranted and would like to see the process conducted in the proper order. Kelley asked why the ordinance was being considered. He asked what the vision is of a tree ordinance and whether it was to regulate what can take place on property. Kelley said he understood that the ordinance was initiated because of the Spring 191 Golf Club application. Goetten noted that it is customary to attempt to protect trees in the review of • applications before the Council. She indicated there is greater concern with subdivisions, and the City currently has no recourse within the code as written. 0 Kelley said he felt the market dynamics will take care of preserving trees as they add intrinsic value to property that would decrease if trees were removed. Goetten said, while a person may think that would occur, she questioned where the City would be without the Shoreland Ordinance. Kelley asked for the opinion of the other Council Members. Jabbour said the process started with good intentions but felt it might have been wasted time. He would like to have seen the process periodically reviewed by the Council. Goetten replied that she thought the ordinance was going to the Planning Commission. In noting differing opinions, Jabbour questioned what scenario the Council would want if someone wanted to develop heavily treed property for a horse farm. He noted that the City has not been totally successful in preserving trees the 0-75' Lakeshore setback. He felt there should be a happy medium between preservation of trees and other scenarios. Jabbour felt that deforestation should not take place. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 ( #3 - Tree Preservation Ordinance Update - Continued) is Flint said it was his recollection that the ordinance came from a work session that took place prior to the golf club application. The citizen survey was the first step which identified the preference for preservation of open space. One issue was open space identification and purchasing of open space. With limited funding, Flint said it was suggested that a tree ordinance would result in preservation. The Park and Planning Commissions were asked to review the matter. Flint indicated the ordinance draft written by the Park Commission is not refined, He questioned whether the ordinance would involve subdivision applications or all building permits. He does not feel the suggestion was made that all applications need to come to Council if they involve cutting down a tree, but rather if something triggers the need for tree preservation within the applications reviewed. He cited an example noting work on the ordinance needs to continue. Flint thought the Council should look at policy decisions and whether there should be tree control. If so, he questioned whether it should include both subdivisions and any other permits. Jabbour questioned whether an ordinance selective to subdivisions can be passed. Barrett said it can be done. Jabbour indicated that the issue came about because of the Spring Hill Golf Club application and noted similar problems in the City of Minnetonka resulting in their tree • ordinance. Peterson asked if such an ordinance forces the Council to become dictatorial. Goetten responded that alot of cities have had problems with this issue. Peterson suggested the tree preservation could be incorporated into a subdivision resolution. Goetten said the problem is that all applications are not subdivisions and would not fall under that category. Kelley said he felt there was a need for a policy, citing the lack of trees on the Dickey property, but said he was more in favor of connecting it to a subdivision. Goetten indicated that lot coverage requirement is not as important in 2 acre zoning as in larger parcels. Kelley agreed that he would like to have been able to see a planting schedule for the Dickey property. Goetten said she would hope the policy would include land development as well as subdivisions. Kelley questioned what would occur with farming. Goetten responded that she felt with the price of land, it would probably not occur. Kelley said he would not want to restrict a person from plowing 5 acres if they have 10 acres. Jabbour said this responds to an important point of reforestation, not only preservation. Peterson said both reforestation and preservation should be included. Goetten agreed that this was the reason for reviewing such an ordinance. Kelley felt the issue was between subdivision and individual properties. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14t 1"7 • ( #3 - Tree Preservation Ordinance Update - Continued) Moorse said a summary of the Minnetonka ordinance is included in the package and worth reviewing as it addresses the concerns mentioned. He referenced a point in their ordinance noting the City's ordinance can reflect their needs. Jabbour said he agreed with Flint regarding the need for reforestation and preservation. He reiterated the need for the review to come back before the Council regularly as it proceeds. Gaffron informed the Council that the Park Commission comments were in agreement with those of Jabbour regarding development and subdivision tree preservation and did not reflect the desire to restrict property owners. He noted that the City has more trees today than years ago citing the example of the Jyland Development; that developer restricted the number of residences as they acknowledged the value of the lots being with the number of trees. Gaffron said the time spent by Staff on this issue may be less than is perceived and asked to have the Council comment on its direction regarding the ordinance before Planning Commission review. He feels the next step should be taking the Park Commission views to the Planning Commission. Van Zomeren agreed with Gaffron. She indicated that the agendas of the Planning Commission have been too full to accommodate this issue. is Jabbour suggested a possible work session to dialogue the issue but asked that the Planning Commission be assigned to continue the review. Flint said he would not want to send the draft details to the Planning Commission if they did not fit in with the thoughts of the Council. He asked what direction the Council should give the Commission. Jabbour said the feeling of the Council is one of preservation and reforestation within a subdivision ordinance and development of large parcels but not applying to individual properties. He indicated there is a question as to what point development should be affected. He suggested other cities' ordinances be reviewed and relayed back to Council after each meeting. Jabbour noted that Council members can attend the meetings as well. Kelley said he was personally not in favor of a tree ordinance except for subdivisions. He cited a tennis court built in a forest of trees and believed the property owner had that right. Goetten said she did not believe the Council was taking the issue in that direction. Jabbour said dialogue about the issues can take place at the Planning Commission meetings. He asked Flint about reforestation. Flint said he would not suggest reforestation regulation but if the City was involved in such an application, it could be • reviewed. Flint said he saw this issue used regarding PUD's. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 147 1"7 (#3 - Tree Preservation Ordinance Update - Continued) • Kelley indicated he saw the use of regulating in this manner in the commercial development area on Highway 12. Jabbour said people buying property who want to remove trees should have the right to. do so. However, if the intent is to buy land to develop and the vision is of clearing the land, it should be prevented through the subdivision ordinance. Flint asked if this would include building permits. Jabbour said no. Flint cited an example of a line of trees to buffer a commercial development. Jabbour said it would be part of the site review. Flint asked what the trigger would be. Jabbour said it cannot take place without the review. Moorse added that this should then be added to that review process. Jabbour asked for confirmation if these views reflected the Council and the philosophy of the City of Orono. Council members all agreed. Goetten questioned how an old tree could be saved for the future. Moorse suggested placement of a covenant. Van Zomeren cited an example of a variance application necessitated by the desire to save a tree and whether the resolution should state protection of that tree. Kelley said it would reflect the tree preservation policy, and the tree preservation creates the hardship. He indicated that reforestation is very important. Peterson agreed. • Park Commission Chair Wilson said the discussions duplicate the discussions of the Park Commission. She feels both the Commission and Council are on the same track, not in who performs the review but that it get done. She suggested the issue be reviewed by the two Commissions to save time. Jabbour said the review should be sent to the Planning Commission for their feedback on how to proceed. He would then like to see a work session scheduled. Wilson indicated that Commissioner Beal has alot of information on the issue. Jabbour noted that the Planning Commission meetings are public meetings and Beal is welcome to attend them. Beal noted the lack of time available for the Planning Commission and the time available for the Park Commission. He hoped that the information presented thus far will aid the Planning Commission. Jabbour said he needs to hear the thoughts of the Planning Commission. Moorse suggested the information from the Park Commission and from Council be taken and summarized for a general overview of the policy and general issues. This then can be taken to the Planning Commission for their input and for a future work session. Direction can then be given for the final ordinance draft through the regular process of Planning Commission and Council review and approval. is 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 • MAYOR/COUNCIL REPORT Mayor Jabbour reported that he and Wilson met with Hennepin Parks Superintendent Doug Bryant regarding the bike trail partnership. He said he asked what was needed to get back on track to complete the trail. They were informed that Hennepin Parks does not want to come off as a barn stormer and requested a letter be sent to Hennepin Parks requesting them to proceed with the trail. Hennepin Parks is willing to build the trail along Old Crystal Bay Road from north of CoRd 6 down to the City property if that is what the City so desires. Jabbour suggested they also pay for some of the expenses incurred by the City. Hennepin Parks said they would only continue if the trail was designated a regional trail. Jabbour said an agreement is needed stating control of the trail as such and under who's maintenance. Jabbour said if the Council agrees that proceeding as stated is a good idea, Staff could be directed to send the letter from the Council to Hennepin Parks to proceed forward. Jabbour said they also spoke about other areas in Orono noting Big island. Hennepin Parks has suggested they are considering selling two parcels they own but are not interested in acquiring the Veterans Camp. An interpretive center is being considered in Norenberg. The fence on the north side will also be repaired. He said discussion was had regarding what the City and Hennepin Parks can achieve together. Jabbour indicated that a trail easement in Maple Grove funded by their Park Dedication is • being turned over to Hennepin Parks, who will reimburse Maple Grove's Park Dedication Fund. Kelley noted that this procedure should have occurred with the Dickey property. Kelley indicated if the school district receives a levy for building a new middle school requiring a site plan review, the City could possibly ask the school to construct the trail along the school property. He questioned whether this portion of the trail should be placed on hold until the school property is improved. Jabbour said he discussed the trail with the school district, who indicated that there should be no damage to the trail by the construction and has asked Hennepin Parks to speak with them on the issue. Kelley suggested the County complete that trail section. Kelley said he supported approval of the trail for Hennepin Parks. Kelley questioned whether Hennepin Parks was approached about purchasing the parcel by Stubbs Bay. Jabbour said he spoke with the DNR regarding that parcel but noted that City Staff has been dumping snow on the property and questioned whether the City actually wants to sell the parcel. Gappa acknowledged that the property was used for snow storage. Jabbour felt a parking lot should be constructed on the property and a meeting scheduled to meet with the DNR. Jabbour asked Council if they agreed with the trail becoming a regional trail. Council members all voiced their agreement. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14, 1997 (Mayor /Council Report - Continued) • Moorse introduced Brad Bressler, the Planning Commission Intern, to the Council members. (The meeting was adjourned for 10 minutes. The Mayor /Council Report continues after Agenda Item #7.) (#7)1987 MARINA LICENSES Gaffron reported that the marina licenses come up for annual review for the five marinas. Applications are sent out early in the year and the site inspections are completed when the marinas are in operation. The seven operating standards are then reviewed. The staff memo includes the report on the reviews and any issues involved. Gaffron said most of the marinas are doing a reasonable job meeting the standards and recommends approval of all five licenses. Jabbour said he has spoken with the prosecuting attorney regarding the CUPS and ability to enforce the ordinance. Barrett suggested the public discussion of this issue would result in loss of preserving the attorney- client privileges. Jabbour encouraged the Council to consider the use of a fire marshal serving the City. He noted assistance he has received and the benefit that would be gained by the City. • Kelley cited examples of a chemical spill at a company and the lack of knowledge regarding chemicals stored in businesses. It was felt that all companies should be required to register the chemicals being used. Kelley questioned the differing views by Lakeside Marina noting three of five marinas have been required to meet certain criteria. Gaffron indicated that Sailors World did make application for their particular use while the other two marinas in question did not. Jabbour indicated that the value of the land is directly related to the activities taking place on the properties. Peterson indicated that North Shore Marina has been asked for 13 years to provide a landscaping plan. Gaffron said the City chose to tie this issue to the CUP. Jabbour said he has had a discussion with a property owner for development noting if marinas are not required to adhere to standards, the ability to enforce such standards decrease. Goetten moved, Flint seconded, to direct staff to issue 1997 commercial marina licenses to Windward Marina, Genmar/King's Cove, Sailor's World, North Shore Marina, and Lakeside Marina subject to continued compliance with the minimum operation standards. Vote: Ayes 4, Nays 0, Abstain 1, Jabbour. 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 CONTINUATION OF MAYORICOUNCIL REPORT Jabbour indicated he attended the recent LMCD meeting after a lengthy discussion with the DNR on how to improve the lake environment. He asked the LMCD to correct their procedures regarding future planning. He indicated that it is the responsibility of the LMCD to provide educational classes and review density issues. He asked the LMCD to revisit these issues which would encourage representation by the City of Orono. He noted that the majority of the LMCD commissioners are new, and he asked what their visions are, whether for zoning and planning, milfoil, etc. to educate the City who to send to the meetings. Jabbour indicated that the representative for the City of Minnetonka has resigned and has not yet been replaced. Jabbour said he felt it could be a good time to start attending the LMCD meetings again. He asked the Council to review the issue for a decision at the next Council meeting. Jabbour feels the City has done more for the lake than any other agency and has urged the DNR not to leave their fiduciary responsibility regarding public access. Jabbour said he has met with previous Mayor, Ed Callahan, suggesting a work session with the consulting engineer for the design of the Hwy 12lCoRd 6 intersection to educate all members. He noted the major design limitations to the intersection. • Goetten noted that the Highway 12 Design Committee is scheduled to meet on Wednesday, July 16. The noted intersection was originally on the agenda but has been removed and will not be discussed. U Kelley asked if the information relating to the Fire Department Commission was relayed at the last meeting. Moorse said the Council authorized the purchase of one truck and is in the process of gaining more information regarding the second vehicle. The pro-rated share of ownership was noted. Kelley said he would like to see this ownership on the title for the vehicle. Moorse noted that this is the first vehicle purchased under that program. Kelley asked that the title be seen. He also verified discussion of the City's budgeted reserves for fire vehicle replacement. ENGINEER REPORT (48) PAY BEQUEST #2 OLD CRYSTAL BAY ROAD BIKE TRAIL Goetten moved, Peterson seconded, to approve Request for Payment #2, Old Crystal Bay Road Trail Project, to Buffalo Bituminous in the amount of $64,076.75. Vote: Ayes 5, Nays 0. . 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 149 1991 ( *#9) PAY REQUEST #1 NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT Goetten moved, Peterson seconded, to approve Request for Payment 41, North Long Lake Sanitary Sewer Project, to Barbarossa & Sons in the amount of $195.908.86. Vote: Ayes 5, Nays 0. ( #10) NAVARRE WATER TREATMENT PLANT UPGRADE Gappa reported that the Navarre Water Treatment Plant was built in 1971 and provides iron and manganese filtration and softening of the water system One of the softening units has been shut down due to corrosion problems causing loss of filter media into the water supply. The water plant is in need of major rehabilitation. The initial cost report was done by Bonestroo in 1995. Gappa suggested the Council review the report and schedule a tour of the plant. Jabbour noted the $16,000 spent on studying the project and the fact that the system was working too efficiently at one point. Gappa said the issue still remains as all of the units recharge at the same time causing the corrosion problem and softening going from zero to hard water. Cook suggested the supervisory controls be changed as well. • Kelley asked what money was available for such a project. Moorse indicated there is not sufficient money in the fund balance. Kelley noted this is unfunded depreciation. Moorse said the City has been aware of the problem. The current rates cover the operations and beginning to accumulate a replacement fund. Gappa said an annual increase in water rates of 2 to 3 -112% is necessary if the project is done. A plan is required to set the course of action. Gappa suggested the money be borrowed and the rates raised. Jabbour voiced concern with sending out untreated water. Gappa said the iron and manganese is being treated now and the filter media is what needs replacement, The water should not be softened to the degree that corrodes the pipes. The softener should either be shut down or a better softening system designed. Without this occurring, property owners would be required to buy water softeners. Jabbour said the average homeowner does not know how to regulate the salt. Goetten questioned how this is done. Kelley said a test kit is available. Jabbour said the test measures the hardness and gallons of water used. 0 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 • ( #10 - Navarre Water Treatment Plant Upgrade - Continued) Kelley asked what the life expectancy is of the new equipment. Gappa said 20 years. Kelley said the cost would be depreciated over 15 years leaving only 5 years to accumulate another reserve. 40 Flint asked how many homes are being served. Gappa said about 800 homes and 2000 people. Jabbour noted there is also one cul-de -sac in Mnnetonka Beach being served consisting of six residences. Jabbour said the City needs to take action. Kelley was informed by Moorse that there is about $800,000 in the sewer fund. Kelley agreed that action needs to be taken on this issue. Jabbour suggested it be part of the budget discussions. The touring of the water treatment plant was discussed. Gappa felt it would be helpful for the Council to see the plant. The rehabilitation is expected to cost about $750,000. Jabbour thought the cost should have been part of the recent bond sale. Cook said there is a low interest loan at about 5% which is comparable to the last bond rating. Kelley asked that staff come back with options on how to finance the rehabilitation.. Council agreed that the rehabilitation must take place. The tour of the water treatment plant will occur at 7:30 am. on July 28. Jabbour noted he has spoken with a resident of Dakota Avenue who has not been able to use his driveway due to the sewer project. He is awaiting application of class 5 fill. Jabbour said the resident provided an easement for the project and should receive assistance in this matter as soon as possible. Cook said he was informed that it would be corrected this week. The resident was in the audience and said he spoke with Torn Kellogg who has assured him the class 5 will be applied by Tuesday, July 15. Gappa indicated that the rain has slowed the sewer project process and caused problems on Dakota Avenue. CITY ADNEMSTRATOW S REPORT ( * #Il) NATIONAL NIGHT OUT PROCLAMATION - RESOLUTION NO. 3928 Gowen moved, Peterson seconded, to adopt Resolution No. 3928 proclaiming Tuesday, August 5, 1997 as "National Night Out" in the City of Orono. Vote: Ayes 5, Nays 0. 17 MINUTES OF TUE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1947 ( #12) RIGHT -OF -WAY DEDICATION POLICY • Moorse provided an update to the Council regarding changes since the Right -of -Way Dedication Policy was put in place about 25 years ago. Layout standards have been requiring more right -of -way. The cost sharing policy has also changed. The County has adopted a policy calling for cities to be responsible for 100% of the right -of -way acquisition costs for bicycle trails where initial requests for right -of -way by the County during a subdivision plat review was declined by the City. Moorse asked for general direction from the Council regarding changes to the policy. This would require additional dedication of right -of -way for subdivisions. The current policy is 66, and the County is requesting 1W. Kelley said the City will have to address the County as changes occur or more and more right -of -way will be requested. Jabbour asked how this affects the City. Moorse said it is important to ensure the proper amount of right -of -way is acquired to meet MSA standards. Goetten asked if road work was mainly performed on MSA, highway, collector, or streets. Moorse said the policy lays out the differing policies regarding County and MSA roadways. Goetten asked what happens with roads near wetlands. Moorse said it would have to be . determined where the road is to be constructed. Cook noted that mitigation can occur on less than 1/2 acre of roadway. Jabbour suggested the engineer make the determination. Goetten said the City has always been concerned with taking more than needed citing the sewer projects. She questioned changing the direction of thought regarding this issue. Kelley said the MSA roads would have to be to MSA standards. Cook said natural features, such as trees and wetlands, may provide conditions where a variance could be granted to allow for less right -of -way taken. Goetten asked about Fox Street with the wetlands located there. Cook said the road is 24' but the variance process was used. Jabbour said he understood the typical road width to be W. Gaffron said the City follows the comprehensive plan for the various types of roads. Kelley questioned what happens when the County wishes to upgrade a read and the City does not. Moorse and Goetten indicated that it would then not occur. CoRd 6 and CoRd 15 were cited as examples where conflict has arisen. Jabbour said he feels Met Council may override the City's decision. Moorse said this could occur with a condition placed on a comprehensive plan amendment. 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JULY 14,1997 ( #12 - Right -of -Way Dedication Policy - Continued) Jabbour asked staff to review the issues before any change occur. Flint said he saw the issue as having two decisions. In subdivisions, what amount of easement is taken and if the road is actually built to that width. He feels the easement should be taken but not necessarily built to that width without staff justification. Gaffron indicated that this would be a change to the comprehensive plan requiring a comprehensive plan amendment. Goetten said if the issue came to that point, there should be a public hearing held to forewarn people of possible changes. Gaffron acknowledged that the people who understand the comprehensive plan would not expect the road widths to change. Flint said the road conditions should be kept up. Kelley added that the costs should be kept down. ( #13) SCHEDULE LAND USE AND SEWER ISSUES WORK SESSION In response to a question by Jabbour, Barrett said he would present the Council with a letter regarding his viewpoint of whether the City may maintain two acre lot sizes. The Work Session was scheduled for Wednesday, August 13, at 8:00 a.m. • ( #14) SCHEDULE TIE COUNCIL WORK SESSION 0 The Work Session was scheduled for Wednesday, August 13, at 9:00 a.m. ( #15) SCHEDULE BUDGET WORK SESSION The Work Session was scheduled for Wednesday, July 22, at 8:00 a.m. ( #Ib) JOINT MFRS CITIES MINORITY RECRUITMENT AND EMUNG RESOLUTION NO. 3929 Kelley asked Barrett's opinion whether the Council should approve the resolution. Barrett concluded that the Council should proceed with the resolution. He suggested if the Council had any questions regarding the resolution, they should be addressed during the Executive Session and table the item. Goetten moved, Kelley seconded, to adopt Resolution No. 3929 authorizing participation in cooperative minority recruitment activities of the Minnesota Police Recruitment System. Vote: Ayes 5, Nays 0. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 ( #17) SECOND QUARTER REVENUE AND EXPENDITURE REPORT (INFORMATION ONLY) This item was presented for information only. No discussion was held or action taken. CITY ATTORNEY'S REPORT ( #IS) REQUEST FOR EXECUTIVE SESSION City Attorney Barrett requested adjournment to Executive Session. ( * #19) LICENSES Goetten moved, Peterson seconded, to approve the following license with a vote of Ayes 5, Nays 0: Garbage & Refuse Collector's License Westonka Sanitation 3146 Island View Drive Mound (420) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session at 10 :10 p.m. Gabri 3abbour, Mayo ATTEST: 20 • is