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HomeMy WebLinkAbout09-08-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 8, 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 Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #3, 4, 6, 9, 10, 11, and 13 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( 42) REGULAR MEETING OF AUGUST 25, 1997 • Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of September 8, 1997. Vote: Ayes 4, Nays 0. is PARK COMMISSION COMMENTS Commissioner Peter Welles informed the Council that the opening of the new playground equipment will take place in spring of 1998. Completion of the work has been delayed due to the weather conditions. Welles said the Park Commission will be revisiting the bike trail system to ensure that the alignment is consistent with neighboring communities. This should be completed by November when a work session can be scheduled with the Council to discuss any changes. Welles said the Commission is also continuing their review of open space. He noted that the Hwy 12 reconstruction will impact parks. This matter will also be discussed at their November meeting. A work session with Council will discuss their findings. The Park Commission has been monitoring the grading of Spring Hill Golf Club, of which the majority has been completed, and its effect on the trails. Welles said the committee members will be reviewing the trail alignment. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8.1997 (Park Commission Comments - Continued) Jabbour indicated that the Commission was asked to review the trail matter with Council Member Flint. Jabbour said his visit with Hennepin Parks Superintendent, Doug Bryant, indicated potential significant benefits to working with Hennepin Parks towards planning of trails to be a part of the regional trail system. (Council Member Flint arrived at this time.) Welles concurred with Jabbour. He reported that future funding will require new revenue sources. Jabbour informed Welles that the Council is in the process of re- evaluating the park dedication fee ordinance. He also advised Welles that the direction being considered by the Park Commission for widening roadways for shoulder -type trails is in direct conflict with the desires of many of the residents. He was of the opinion that it would be a problem to widen Watertown Road to add a shoulder trail. Flint emphasized the need for the Park Commission to focus their work in the area of open space and meet with Council. PLANNING COMMISSION COMMENTS Janice Berg had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #3) #2253 DAVID REINHOLD, 3551 LIVINGSTON AVENUE - VARIANCES - RESOLUTION NO. 3952 Goetten moved, Peterson seconded, to adopt Resolution No. 3952, granting lot area and width variances for construction of a new residence to replace the existing residence at 3551 Livingston Avenue. Vote: Ayes 4, Nays 0. ( * #4) #2267 JOHN O'SULLIVAN, 2380 SHADYWOOD ROAD - COMMERCIAL SITE PLAN - RESOLUTION NO. 3953 • Goetten moved, Peterson seconded, to adopt Resolution No. 3953, granting commercial site plan approval and approval for creation of an access easement to serve the property at 3340 Shoreline Drive. Vote: Ayes 4, Nays 0. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER S. 1997 ( #5) #2270 MARCIA AND KENNETH HICKEY, 4640 TONKAVIEW LANE - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. 3954 Kenneth Hickey was present. Van Zomeren reported that the application is for variances and conditional use permit to construct a detached garage on a through lot. A large amount of discussion has ensued due to the difficult topography of the lot. The only area where topography is not a problem is where the garage is proposed. Photos were passed around to the Council for their viewing. The proposed garage is to be located in front of the principal structure requiring a variance. The plan was revised to meet the side yard setbacks. A height variance is required to exceed the principal structure height of 13' with a height of 22.5' at the peak. The conditional use permit is required due to the property being a through lot. Van Zomeren reported that Staff had recommended the existing shed be removed prior to construction of the garage. The applicant had requested the shed remain until the construction is complete in order to utilize the space inside. Final inspection would be withheld until the shed is removed. Hickey said he would like to keep the shed if at all possible as he needs the storage space. • Otherwise, he will work out the details for removal after the garage is complete. Kelley asked Hickey what his hardship is for the variances requested. Hickey did not understand what a hardship is and asked it be explained. Kelley and Moorse assisted in the explanation. Hickey indicated his lot is a through lot and hilly. The slope would make it impossible to build the garage on the east side. He would like the garage to be located on the front side as the lake is on the other side and view would be obstructed. Kelley noted the drop to the Wildhurst side. Van Zomeren explained why a garage could not be built off of Wildhurst. Hickey noted it would be a long walk to the residence, and there is already an established driveway where the garage would be located and would be the most convenient location. Kelley asked if Staff has spoken with the neighbors to the north. Van Zomeren said the neighbors were notified but no acknowledgment letter or phone call was received. Hickey did indicate that he showed his plans to the neighbors, who did not object to the garage. Peterson said she had no questions of the applicant. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8.1997 ( #5 - #2270 Marcia and Kenneth Hickey - Continued) 46 Hickey said his house while appearing as one story to the front was two stones from the e a S t -R;—,4 e. Goetten informed Hickey that open space is a priority in Orono, and she would prefer not to view two -story garages. She also noted that she had attended the Planning Commission meetings where the application was discussed. Goetten was of the opinion that the garage could be built at an average height questioning why the requested height was necessary. Hickey said he would not have the storage space if the second level was eliminated. He also Manned on using that area for a work shop. Goetten noted the large size of the structure even at one story. Hickey said he did not believe the structure would be intrusive. Jabbour referred to the guidelines the Council uses regarding hardship. He said he understood the hardship with having a through lot and the need for being located in front of the principal structure. However, Jabbour said he could find no hardship for the height variance requested. He thought an acre lot might not be able to handle all the storage needs noted by Hickey. Hickey responded that a nearby property had a five car garage on a half acre lot. Jabbour said he did not have a problem with the location but height only, and Hickey would have to demonstrate the hardship. Jabbour informed Hickey that a hardship is not of the property owner's doing but a • circumstance that cannot be prevented. Barrett told Hickey that a hardship would result in the property not being used without receipt of the variance. Hickey said his need for storage is the hardship noting the shed is to be removed. Jabbour was informed by Van Zomeren that the accessory building is at its maximum size and was decreased from the original size proposed. Flint questioned whether an addition would be built to the rear of the residence for storage. Hickey said he would not be able to drive around and access that portion of the property. He indicated the area leading to Wildhurst is a possibility but the cost would be exorbitant. Hickey said he understood it costs less to build up than out. Jabbour polled the Council regarding their viewpoint. Kelley said he would support the height variance but would like to see a written statement from the neighbor to the north regarding his approval of the structure at that location. Kelley thought this location must affect that neighbor. Peterson said she would support the height variance. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8.1997 ( #5 - #2270 Marcia and Kenneth Hickey - Continued) Goetten said she could not support the height requested. She suggested a lower height be maintained and shed could remain. She questioned whether the shed could be moved. Van Zomeren informed Goetten that the shed was not located in the right -of -way as was thought by Goetten but was in front of the principal structure with a possible sideyard encroachment. Hickey said he would prefer the height as requested. He indicated the shed is built on a slab that has been there since 1952. The shed was recently rebuilt. Flint said he felt there were other areas on the property that would allow the applicant's needs for storage to be achieved. He does not favor the location in front of the principal structure noting it would be obtrusive. He also felt it would be unsatisfactory to other residents. Hickey questioned whether Flint has viewed the property. Flint said he had not but was familiar with the area. Hickey said there was foliage surrounding the area resulting in a garage that would not be obtrusive. He noted both of his neighbors have two levels. Jabbour said Hickey should not have to be at the mercy of the neighbors. He said he views the application itself and its demonstration of hardship. He again inquired what the • hardship is for the height. Barrett was asked by Jabbour whether the views of the neighbors have a bearing on what is approved. Barrett said the opinion of the neighbors is not enough to defeat what is otherwise an acceptable application. • Jabbour asked the applicant how he would like to proceed explaining the procedures and time limitations. Flint asked why the garage could not be built on the south side. Hickey said a cliff is located in that area. While there is no height problem there, he is unable to access it. Hickey noted the lot is long and narrow limiting where a garage can be located. The north side would have the same problem. An easterly location would result in access during the winter months with having to travel upgrade. Jabbour said the applicant has demonstrated the hardship regarding location. Jabbour asked the applicant if he would like the Council to vote on approval of the garage in the proposed location but without a height variance or state the hardship for the height. (ioetten suggested the lower height garage with maintaining shed. Kelley said he would support that option. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #5 - #2270 Marcia and Kenneth Hickey - Continued) 46 Hickey suggested the application be tabled noting his frustration. He indicated he could probably not substantiate a hardship for a garage at all and therefore_ there is no hardshin for a second story. Jabbour said Council has determined that there is a hardship present in Minnesota for a garage. Jabbour moved, Goetten seconded, that a new resolution be prepared and Resolution No. 3954 be adopted based on the hardship and findings presented with approval of variance for location in front of the principal structure and conditional use permit. The shed will remain. No height variance will be allowed due to no demonstrated hardship. Kelley asked if the property was sewered. Hickey said it was. Kelley asked that the motion include that no plumbing fixtures be allowed noting the size of the structure. Jabbour amended his motion to include that sewer cannot be brought to the garage; Goetten seconded the motion. Hickey said he would support the amendment. Peterson said she would not support the motion as she feels the applicant is entitled to the second story and prefers the shed be eliminated. Flint said he would like the shed be removed and the garage located behind the principal • structure. Vote: Ayes 3, Nays 2, Flint/Peterson. Jabbour indicated to the applicant that the Council was attempting to facilitate the construction season. Jabbour asked Staff to guide future applicants through the hardship requirement. Van Zomeren indicated that the Planning Commission had directed the applicant to reduce the height of the structure down to 22.5' from 28' as presented. Jabbour suggested a flat roof might offer additional height to the applicant. Hickey said the Planning Commission voiced concern with aesthetics but indicated he could redesign the garage with that criteria in mind. (* #6) #2275 TED AND MYRNA WOLF, 900 WILLOW DRIVE NORTH - PRELIMINARY PLAT - RESOLUTION NO. 3955 Goetten moved, Peterson seconded, to adopt Resolution No. 3955. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #7) #2276 JULIE AND BRENT WALTON, 2405 DUNWOODY AVENUE - VARIANCES -RESOLUTION NO 3956 Mr. and Mrs. Walton were present. Van Zomeren passed out photos to the Council of the property. She indicated that the application is a request to build a new residence on a vacant lot. The property is substandard in size at 12,754 s.f. The Planning Commission reviewed the application and voted 4:3 for a reduction in structural coverage to meet 15 %. This has been accomplished. Language has also been added to provide an easement to the City for sanitary sewer due to a change in location. The water line off Shoreline Drive also has to be relocated. The applicant has agreed to these changes. Van Zomeren reported that a preliminary plat review from 1996 for a lot line rearrangement when under the ownership of Mr. Oberhauser was approved with the condition that the lots be combined and a shared driveway be used. The application was not followed through on by Oberhauser. Lots A., B. and C are now under control by three parties, McNamara, Larson, and Walton. Oberhauser is listed as taxpayer but not owner. The Waltons have demonstrated interest in purchasing Lot C. They will require a hardcover variance in the 75 -250' setback. A portion of the hardship is due to the direction of the Planning Commission for location of a turnaround in the driveway from Dunwoody Avenue. The hardcover would total 41.3% where 25% is allowed. No is hardship will exist in the 0 -75' setback. Mr. Walton reported that the Planning Commission required them to provide the sewer easement, new water line, and new driveway. The hardcover variance is required due to the lot's long and narrow size at 50'x276' average for the driveway. Jabbour indicated he had spoken with the applicant earlier and provided the Walton's with some background information. He said the Council had recommended the lots be combined as they were substandard in size. It was then found that this did not occur. Jabbour felt it was important for the applicants to understand what has occurred and noted it in no way affects them or their application. Jabbour said he was very surprised to find out that Oberhauser did not follow through as determined noting the length of time it took to bring the application before the Council at that time. Kelley questioned whether Lots A, B, and C would be considered buildable if the previous plan had not been reviewed. Gafiron said he believed that each of the three lots were assessed for sewer. At least two, if not three, of the lots had houses on them at one time or another. Gaffron said each lot is substandard and would require lot area and lot width variances. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #7 - #2276 Julie and Brent Walton - Continued) 0 Goetten said she remembered the approval as being for two buildable lots noting one lot is onlv 7.600 s.f in size. Jabbour confirmed that the annroval was for two lots with removal of current buildings on the property. Mr. Oberhauser arrived at the meeting at this time. He was asked what happened with the prior application for subdivision. Oberhauser said he sold the house which resulted in being unable to subdivide. The house is on a separate lot. Kelley questioned whether this will result in another house being located on the lot between the existing lot with house and the Walton's. Van Zomeren indicated that a elan has been submitted to Stag' for a house on that lot. Jabbour explained the Oberhauser application and resulting action, which then results in having three lots that are buildable. Gaffron noted that caution needs to be exercised in saying what is buildable in that lot coverage, lot area, and hardcover variances would be required on the substandard lot. Goetten said the point of the prior approval was to not have three houses on these lots. • Kelley questioned whether the City could refund the cost of sewer assessed with a rate of return added resulting in sewer for house on Lot A and one sewer stub for Lots B and C. Barrett said the question was difficult. He advised the Council to look at what it means to have a sewer stub located there. Kelley reiterated that with the stub in the location, it is considered buildable. If the stub was not there, it would not be buildable. Jabbour suggested that what can be built on the lot is limited by the lot itself. Gaffron concurred. Kelley asked that this reasoning be taken one step further. If an agreement had been reached with the current owner and variances were denied and with two lots on the market but only allow what would meet the code, he questioned if this would force the issue to have only two lots. Jabbour said he thought lot area and lot width variances would have to be granted but not hardcover or side setback variances. Mr. Walton indicated that he was told that the plan for Lot B would not require any hardcover variance, only lot area. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER S, 1997 • ( #7 - #2276 Julie and Brent Walton - Continued) Jabbour acknowledged that the lots cannot be made larger, and the end result is three buildable lots. Goetten noted that years were spent by the Council to reach a resolution with Oberhauser regarding the property becoming only two lots because of size. She said she is confused on how to proceed questioning Council's rescission of having only two lots instead of three. Jabbour said Oberhauser's application was acted upon by Council with no follow through by Oberhauser. He indicated this could also occur with the current application. Goetten said she understood that but questioned whether the Council was changing their determination that only two lots exist. Jabbour said it is his understanding that the City has no power to enforce the property becoming two lots. Kelley questioned where the access would be located for Lot B, whether off of CoRd 15 or by shared access with B and C. He asked how many curb cuts were approved. He was informed that there were two curb cuts for A and B from CoRd 15 but City • questioned the appropriateness of adding traffic onto CoRd 15 when an arterial route could be used. Goetten noted that this was discussed by the Planning Commission. Mr. Walton reported that he has direct access onto Dunwoody Avenue. Van Zomeren said Staff recommended B and C have a shared driveway from CoRd 15 rather than Dunwoody Avenue. The Planning Commission thought otherwise and approved a plan with one driveway off of Dunwoody Avenue. Mr. Walton displayed a photo of the property and curb cut on Dunwoody Avenue, which he said he feels is safer. He indicated there is a natural tunnel of vegetation around the driveway. Jabbour asked Oberhauser if the transaction for Lot A was complete. Oberhauser said the transaction was closed one year ago and the house has since been reconditioned. Kelley said he supported the Walton application. Peterson said she also supported the application. She asked if structural coverage would • meet the 15% allowance. Van Zomeren said the plan is designed at 14.17 %. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #7 - #2276 Julie and Brent Walton - Continued) • Jabbour and Goetten requested the resolution note that the maximum structural coverage has been reached on this nronertv. Flint asked for clarification on action being taken regarding the driveway. Van Zomeren explained the driveway and location of the City right -of -way. There will be a common entry for the two lots by a shared curb cut on the right -of -way. Oberhauser indicated that it was designed as one curb cut shared by two lots at 2405 and 2425 Dunwoody Avenue. Mr. Walton noted that the neighboring house has another curb cut as well for its horseshoe driveway. Jabbour indicated that he did not want the applicant to have to be forced to deal with the neighbor regarding access. This is not what will occur. Peterson moved, Goetten seconded, to adopt Resolution No. 3956. Vote: Ayes 4, Nays 1. Flint. MAYOR/COUNCEL REPORT Mayor Jabbour noted having received comments regarding stormwater management from Tom O'Keefe. Jabbour reported the grand opening of the new Water Patrol facilities occurred. The • City's contributions were recognized. Orono's LMCD Representative, Lili McMillan, was present demonstrating her well received efforts on the LMCD. Kelley said he reviewed three trailers with boats pulling out of Maxwell Bay access with milfoil hanging from them. The operators did not remove the milfoil. Jabbour indicated there is a major fine for lack of removing the milfoil. Kelley suggested ticketing these violations. ENGINEER REPORT ( #8) ACCEPT FEASIBILITY REPORT AND SCHEDULE PUBLIC HEARING FOR NAVARRE WATER PLANT REHABILITATION - RESOLUTION NO. 3957 Gappa reported that the proposed financing for the Navarre Water Treatment Plant Rehabilitation are from three sources: 1) assessment on all properties in the Navarre water system service area; 2) money from cash reserves in the water fund; and 3) an internal loan to the water fund from other City funds. Staff recommended to Council that a public hearing be scheduled for September 23 to hear comments on the feasibility study and project. 0 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 • ( #8 Navarre Water Plant Rehabilitation - Continued) Kelley asked what the amortization period would be for the internal loan and at what rate. The $276.800 loan would be over a 10 vear period at a 6% interest rate. Kellev said he would like to accelerate the rate of pay back. Moorse noted that the $263,200 assessment at $350 for each of the 752 properties would be payable over a five year time period. Kelley questioned pledging collateral over a 10 year time period when assessments are paid over a five year time period. Jabbour viewed it as two issues; one being the assessment time and two being taking monev out of the fund without being in it. Since it can't be paid back, it would be a matter of realigning the budget columns. Kelley said the money would be retrieved when the fund was in a positive balance. He noted if all were assessed, the City would not have to make a loan. He questioned how much participation would occur between the City and residents. He also questioned how long it would be before there was a positive cash flow in the water fund. Moorse responded that at 2.95% a year fee, a positive cash flow would be generated in 10 vears. The fee would have to be increased to reduce that time frame. Jabbour noted if no City participation occurred, the money would be recouped through • fees with interest. ID Kelley questioned whether the interest rate would be adjusted to market changes and whether this could occur. Moorse said the City would have the opportunity to do so. Jabbour suggested a bond be taken if that scenario was to occur in order to protect the interest of the citizens and at a fixed rate. Gappa indicated that the small loan amount affects the interest rate. Kelley said he would like to ensure that the City is paid back at a faster rate than 10 years in order to free up the capital. Moorse reported if more revenue can be generated in the water fund, it can be paid back quicker or be used for other projects. Flint questioned the disruption caused by the sewer projects. He wondered whether City water could be provided at the same time as sewer. Jabbour noted the cost difference between wells and providing City water. Moorse also indicated that water lines would have to be run. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #8 Navarre Water Plant Rehabilitation - Continued) • Flint questioned how long wells will continue to operate. Kelley thought wells would be maintained until it is found that pollution is occurrine from the wells reouirine Citv water. Jabbour noted that lines for water cannot be placed in the same trench as sewer lines. Kellogg said a 10' horizontal separation must occur. Goetten moved, Kelley seconded, to approve Resolution No. 3957 to accept the feasibility study and schedule a public hearing on the Navarre water treatment plant rehabilitation for 6:30 p.m. on Tuesday, September 23, 1997 at the Orono High School Cafeteria. Vote: Ayes 5, Nays 0. ( * #9) PAY REQUEST #1- GOLF COURSE IRRIGATION SYSTEM Goetten moved, Peterson seconded, to approve Request for Payment 91, Golf Course Irrieation Svstem Proiect to Evergreen Sprinkler Comoanv in the amount of $43.348.03. Vote: Ayes 4, Nays 0. ( * #10) PAY REQUEST #1- BAY RIDGEBRACKETTS POINT SEWER PROJECT Goetten moved, Peterson seconded, to approve Request for Payment #1, Bracketts • PointBav Ridize Sanitary Sewer Proiect to Barbarossa & Sons in the amount of $117,259.45. Vote: Ayes 4, Nays 0. ( * #11) PAY REQUEST #3 - NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT Goetten moved, Peterson seconded, to approve Request for Payment #3, North Long Lake Sanitary Sewer Proiect to Barbarossa & Sons in the amount of $49,031.45. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #12) BUDGET/TAX LEVY - RESOLUTIONS NO. 3958 AND 3959 Moorse indicated that the information provided summarizes the 1998 Budget and proposed Tax Levy, which is required to be adopted by September 15 with a certified copy sent to the County. He noted that once approved, the levy can be reduced but cannot be increased. The costs are required to be on record for review by residents if they so desire. Changes can be made after comments are received at the Truth in Taxation public hearing. 1�1 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEF,TING YIELD ON SF.PTF.MBF,R 8. 1997 • ( #12 - Budget/Tax Levy - Continued) Kelley moved, Peterson seconded, to adopt Resolution No. 3958 approving the proposed Tnv T o— +^ 4;,",4 +ho 1OOQ R.,.7..A+ onA ATn ZoGO nnnrnvrin(t +" 1QQR proposed Budget. Vote: Ayes 5, Nays 0. (x #13) SET DATE FOR TRUTH -IN- TAXATION HEARING Goetten moved, Peterson seconded, to set the initial Truth in Taxation public hearing for 7:00 n.m.. Wednesday. December 3. 1997, at the Orono Council chambers. and to set the continuation hearing, if required, for 7:00 p.m., Wednesday, December 10, 1997, at the Orono Council chambers Vote- Aves 4 Navc 0 Prior to adjournment of this meeting, Moorse indicated that the time of the Hwy 12 Desisn Committee meeting was the same as the scheduled Truth in Taxation nublic hearing. He suggested a time change to 7:30 p.m. Jabbour moved, Peterson seconded, to reconsider the motion made under the consent agenda as it related to this agenda item. Vote: Ayes 5, Nays 0. Jabbour moved, Peterson seconded, to set the initial Truth in Taxation public hearing for 7:30 p.m., Wednesday, December 3, 1997, at the Orono Council chambers, and to set the • continuation hearing, if required, for 7:00 p.m., Wednesday, December 10, 1997, at the Orono Council chambers Vote: Aves 5. Nays 0: ( #14A) POLICY REGARDING INCLUSION OF PROPERTIES IN SEWER PROJECTS - RESOLUTION NO. 3960 Moorse reported that the proposed policy amendment is for exclusion of properties from sanitary sewer nroiects. as directed by Council. It was noted that the timeliness of the project does not always correlate with the need to replace a septic system. The Council would like to allow for the difference in conditions of septic systems allowing residents not to be forced to immediately hook up to sewer if their septic system is in compliance with code. The propertv owner can request to opt out for exclusion from the project. Jabbour noted that the amendment of the policy was a result of a work session by the Council regarding sewering Orono for the future. Kelley recognized the key issue is that the property owners opt back into the sewer oroiect at the 100% oer unit cost in the future. Kellev noted that this is a nolicv only and future Councils are not bound by it. Kelley moved, Peterson seconded, to adopt Resolution No. 3960 amending the City's policy regarding inclusion of properties in sanitary sewer projects. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #14A - Sewer Project Inclusion Policy - Continued) • Flint questioned how the projects would be paid for; who would pick up the costs related to the nronerties excluded from the oroiect? Jabbour said bonds are sold to finance the project. The City would pay the portion of the debt service attributable to the excluded properties. The City would recoup its costs at the time these properties connect to the sewer in the future. He noted that those property owners who choose to opt out of a sewer project at the time of installation will lose the benefit of whatever City participation occurred on the project costs. They will have to vav the full amount to connect to sewer in the future. The volicv allows for the vroverty owner to continue the use of a septic system that is in good working order without interference by the city. Flint asked about the cost of living increase factor. Moorse said the connection charge would be consistent with the assessment which increases in cost every year. Jabbour said the only change in the policy is that not all property owners would be required to hook up at the time of installation. They would have the ability to opt out until a later date. Moorse noted the policy resolution indicates that the septic system can be a maximum of 7 years old in order to qualify for opting out of a project. He asked if the Council would like that qualifier to be included in the resolution. Jabbour said he feels the ability to opt out should be tied to the conformity of the septic • system. He said the attempt is to allow property owners to opt out of a project to avoid litigation. He suggested eliminating the 7 -year septic system age requirement. Kelley noted that this is a policy only and unique situations will arise where discretion will be required. Kelley moved, Peterson seconded, to amend their motion to reflect the elimination of the 7 -year septic system age requirement. Vote: Ayes 5, Nays 0. ( #14B) REVISED ASSESSMENT RESOLUTION FOR NORTH LONG LAKE SEWER PROJECT - RESOLUTION NO. 3961 Kelley moved, Flint seconded, to adopt Resolution No. 3961, amending the interest rate applied to the North Long Lake/Long Lake Country Club sanitary sewer assessment roll from 8.00% to 6.25 %, and amending the starting date of interest from May 6, 1997 to October 1, 1997. Jabbour clarified that the understanding of the distinction between the Johnson and Maresh vroverties is the contiguousness to the sewer ine as indicated in the Met Council requirements. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 • ( #14B - North Long Lake Sewer Project - Continued) Moorse said one sewer line would run across undeveloped property to access the develoned oronerty ( Maresh)_ while the other adioins the developed nronertv with the undeveloped property located behind it (Johnson). Jabbour said he sees this as a big difference and is of the opinion that the properties owned by Maresh should be combined. Kelley agreed that the Maresh property should be combined. It was noted that the Johnson's undeveloped property is behind the developed property and can be developed at a future date. Vote: Ayes 5, Nays 0. ( #15) IRRIGATION FOR CRYSTAL BAY PARK Jabbour reported that he is receiving many calls relating to the conditions at Crystal Bay Park. He asked that the seeding be accomplished. Goetten suggested faucets be installed instead of a irrigation system to save on costs. Gappa indicated he has more black dirt to spread before seeding will occur. Council • questioned where the additional dirt can be placed. Gappa said there were areas inside the park where this could be accomplished. U Jabbour asked if the piping and faucets would have to be blown out before winter or drained onlv. Garma said the piping would be underground and frost free, which would not require the pipes to be blown out. The faucets are installed at ground level. Goetten moved, Peterson seconded, to authorize the installation of piping and three additional faucets in Crystal Bay Park by Evergreen Sprinkler Company at a cost of $1,500. Vote: Ayes 5, Nays 0. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 ( #16) RESOLUTION NO. 3962 REQUESTING COUNTY ASSISTANCE IN THE • ()VERSTGRT OF TffE MTA NERARA CREW WATERSf ED DISTRICT Moorse reported that the resolution was revised. Jabbour indicated his attendance at the September 3 breakfast meeting of mayors where the subject discussed was the activities of the MCWD. Several cities are unhappy with the undertakings of the MCWD. Jabbour said he pointed out that the cities are in fault for not paying enough attention to the activities of the MCWD. As a result, the MCWD should be monitored more closely. It was noted at that meeting that the committee representing the cities was nerformin)z in an excellent manner and support was shown for their activities. A resolution was distributed for cities to consider. Jabbour said he could not approve that resolution as the City of Orono had not experienced what was indicated in the resolution. This resulted in the request for Moorse to draft a new resolution. The committee had wanted the 14 cities to authorize and voice support for bettering the ecolo.gv with methods on how this should be accomplished. Kelley questioned why the Hennepin County Commissioners have overseen the responsibilities of the MCWD. Jabbour said this is mandated by State Statute. He noted that several State legislators were in attendance at the meeting. Kelley noted and Jabbour confirmed that the statute gives the MCWD the ability to tax the City. The resolution as presented supports the activities of the committee. Jabbour moved, Goetten seconded, to adopt the revised resolution, Resolution No. 3962, requesting Countv assistance in the oversight of the Minnehaha Creek Watershed District. Vote: Ayes 5, Nays 0. ADDITIONAL CITY ADMINISTRATOR COMMENTS Moorse noted the scheduled meeting recognizing the Business Person of the Year at the Westonka Chamber of Commerce on September 12. A joint meeting with the Long Lake City Council was scheduled for 5:30 -7:00 p.m. on September 29 at the Orono Council Chambers. Moorse discussed the time of the Truth in Taxation public hearing. Council amended the motion to reflect a 7:30 p.m. start time. See agenda item #13 above. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. 16 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8, 1997 • ( * #17) LICENSES Goetten moved, Peterson seconded, to approve the following license: Vote: Ayes 4, Nays 0. Garbage and Refuse Collectors License: BFI of North America, Inc. 9813 Flying Cloud Drive r-clen rratne, m-N -)JS4 / ( * #18) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Mayor 3abbour adjourned the meeting at 9:17 p.m. Gabrie abbour, Mayor • A ST: /vI Dorothy M in, City Clerk • 17