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HomeMy WebLinkAbout09-22-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 22, 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 Engineers Glenn Cook and Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #b and 17 were removed from the Consent Agenda. Items #10, 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. ( #2) DISTINGUISHED BUDGET AWARD TO FINANCE DEPARTMENT - AL ROLEK, TREASURER MINNESOTA GOVERNMENT FINANCE OFFICERS • ASSOCIATION Orono Finance Director, Tom Kuehn, and Assistant Finance Director, Chris Miller, were present. Chris Miller introduced Al Rolek, representative of the Government Finance Officer's Association of the United States and Canada (G.F.O.A.), Finance Director of the City of Shorewood and Executive Board Member of the Minnesota G.F.O.A. Rolek said he was pleased to announce the receipt of the Distinguished Budget Award to the City of Orono for the 1997 Budget. This exemplifies the commitment of the Finance Department and Staff in meeting the high standards and guidelines in budget presentation. Rolek indicated that the budget document was submitted to a national review panel which determined that the City receive the award after review within four major areas and 13 mandated criteria. Orono is one of only 17 cities in the State of Minnesota to receive this award. Rolek said the association is a non -profit organization. The award is the only national form of recognition given to governmental bodies for their budgeting efforts. It recognizes the time commitment, dedication and effort put forth by the Finance Department. Rolek extended his appreciation to this department and City Staff. Rolek presented the award to Chris Miller, who accepted the award on behalf of the City. Miller said the award is a reflection of all of the City departments working together. This is is the first year Orono has received this award. I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 ( 92 - Budget Award - Continued) Jabbour recognized the efforts of the Finance Department noting that the goals set forth • by the Council require the dedication and efforts of all the departments to meet those goals. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF SEPTEMBER 8, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of September 8, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No member of the Park Commission was present. PLANNING COMMISSION COMMENTS Commissioner McMillan had no report. PUBLIC COMMENTS There were no public comments. • ZONING ADMINISTRATOR'S REPORT ( #4) #2204 JAMES FULLERTON, III, 3354!3400 FOX STREET - CUP/FINAL SUBDIVISION - RESOLUTIONS NO. 3964 AND 3965 The applicant was represented by Attorney, John Winston. Van Zomeren reported that the three parcels, which has been previously reviewed by Council, is for five lots that meet all requirements laid out in the preliminary plat. Van Zomeren said Staff is awaiting a letter of credit for the road improvements. Other fees including park dedication have been received. The subdivision has been reviewed by the City Attorney. Van Zomeren reported that the application is for a guest house located in the 0 -75' setback for use by non - paying guests and staff. No expansion would be allowed. A new septic system must be installed within one year's time. Winston expressed his appreciation for Van Zomeren's assistance with the application. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22, 1997 • (#4 - #2204 James Fullerton III - Continued) Goetten said she supported the subdivision but not the fee paid for park dedication. She said she was in favor of moving forward with the subdivision. Kelley moved, Flint seconded, to adopt Resolution No. 3964, a conditional use permit, and Resolution No. 3965, approving the plat of Fullerton Estates. Vote: Ayes 4, Nays 1, Goetten, due to her objection to the park dedication fee paid. (#5) # 2279! #2280 MARC AND TRACY WHITEHEAD, 1220 LYMAN AVENUE - PRELIMINARY SUBDIVLSION APPROVAL - RESOLUTIONS NO. 3966 AND 3967 The applicant was present along with Attorney, John Winston, and Surveyor, Walter Gregory. Gaffron reported that the proposed subdivision is before Council for preliminary plat approval. The property is located on Lyman Avenue and includes an existing residence. The road is partially public and partially private. The private portion is gravel and about 12' wide serving 5 residences with potential for one more. Two - thirds of a cul- de-sac at the end of Lyman, east side of the property, was previously granted to the City by other property owners, but has never been constructed. • Gaffron indicated that this application was first submitted in 1990. The current proposal is for a 4 -lot subdivision but revised per Planning Commission's recommendation to a 3- lot plat. The existing house is served by a platted driveway located outside the property on an easement. There were not a sufficient number of septic site locations for the three additional lots. One site was unusuable because it is needed for access to Lot 1. • Gaffron reviewed the access options. The initially proposed option was for a driveway that would traverse steep slopes and, therefore, was not recommended by staff. A cul- de -sac was then considered but found by the Planning Commission to negatively impact the Stankovsky property. It would result in the Stankovsky property becoming non- conforming to the side setback requirements. The Planning Commission had recommended approval of a 3 -lot plat. Lot 1 would be served by a private outlot driveway on Outlot B. Lot 1 is a back lot. Outlot A would be required to remain a 20' buffer to maintain a separation to the adjacent property and possibly may be sold to the Stankovsky's. Since the driveway is an outlot, Lot 1 is required to meet the 150% back lot area and setback standards. Staff recommended the east setback for Lot 1 of 50' as opposed to the required 75' for flexibility in location of the house. The reasoning behind the 1500/6 requirement is regarding impacts on neighbors, which is not an issue at this location. - -3 - MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 ( #5 - #2279 / #2280 Marc and Tracy Whitehead - Continued) • Outlot B is to be a shared driveway with Lot 2. Lot 3 has an existing driveway. Consideration was given to bringing Lot 3's driveway into the property, but this would cause loss of trees. The Planning Commission recommended maintaining the easement. Additional right -of -way is proposed to be dedicated at the southeast corner of Lots 2 and 3, but the road east of the property would remain as a private easement. Improvements may be required in the future to shift the private road to improve the sight lines at this location. Gaffron reported that the initial proposal with cul -de -sac included additional ponding. With no road being proposed, the developer has suggested that no pond would be necessary. This would be subject to MCWD approval. Staff may need to see some runoff controls in place but the need for ponding appears to be minimal. Gaffron said the property is 10 acres in size with lots averaging 3 acres. There are steep topographies and the drainage area is small. The City Engineer has suggested that it be the responsibility of the applicant to upgrade Lyman Avenue, which is currently paved from Smith Avenue to a certain point, but only 15' in width. The Planning Commission recommended partial responsibility by the applicant for the upgrade. The applicant did not believe it made sense to improve the road if sewering were to occur in the future. He also felt that with only two additional homes, he should not be responsible for the road upgrade. The Planning Commission left this decision to the Council's discretion. • Regarding the public right -of -way vacation, a segment of platted lane will be vacated. Gaffron said no negative comments have been received from either the public, DNR, or utilities. A conservation and flowage easement is required for the wetlands. Gaffron said preliminary plans have been received for the driveway for Lots 1 and 2. The applicant will be required to ensure that drainage does not negatively impact the neighborhood. Gaffron noted that the Planning Commission was sensitive to the needs of the Stankovsky property. Jabbour reported that the Planning Commission had asked for assistance by the City Engineer with improving the site lines on the road. No specific steps were taken, however. The resolution includes identified possibilities. Jabbour said he was concerned with the City granting a variance on a septic site. Gaffron indicated that the primary site for Lot 2 would be in close proximity to the road. A revised alignment received on this date shows the edge of the septic site 5' from the dedicated road. It would not meet the 30 mph, 270' radius, only a 180' radius. Gaffron asked Cook whether additional right -of -way should be acquired. Cook said he would recommend additional right -of -way be acquired with the steep bank. An advisory curb sign for 20 mph would serve the area. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 • ( #5 - #2279/ #2280 Marc and Tracy Whitehead - Continued) Goetten asked where the road upgrade would occur. Cook said the existing alignment would be followed and end up on the new right -of -way that is being platted. The same radius would be maintained to retain the distance from the drainfield. Jabbour asked if this would be part of the final subdivision. Gaffron said the resolution states the need for additional right -of -way. He noted the plan being reviewed is a somewhat different plan but would be acceptable with the advisory sign. He questioned whether the City could accept a lower radius standard with the lower speed. John Winston said the neighbors did not want to see a 30 mph zone. He understood the radius would allow for a 25 mph speed but would be posted at 20 mph. Jabbour said he understood the Planning Commission approval would require two Council decisions regarding the road upgrade and sight line improvements for the curve. Winston said the applicant was willing to donate the southeast corner to provide for the road improvement for work within the City property. Work conducted in the past has been done on a participatory basis amongst the neighbors. With two new driveway to the west of the curve at a distance of 217', Winston felt it would be difficult to require the applicant to pay for it. • Winston took the same position regarding widening the road. He said the applicant is willing to pay for his fair share. With only three additional lots, all users should pay an equal amount. Winston noted the Planning Commission recommended the applicant work with Staff on the appropriate screening for the southeast corner of Lot 1. The applicant has conferred with Dundee Nursery. Pictures were shown of the area showing dense brush located in this area. Winston said what is drafted by Staff is more than what the Planning Commission requested. He feels the possible glare from headlights would be deflected by the vegetation and is adequate as it presently exists. Mr. Whitehead said the nursery thought the vegetation that exists is best for the location. Winston noted that Outlot A would provide an additional 20' strip of buffer. He said he agrees with Staff and Planning Commission recommendation except where the applicant's costs are involved. He said the applicant is willing to pay his fair share. Jabbour noted that if the subdivision approval was granted, it would require a variance for the septic system to encroach the road. Gaffron explained that it would be within the setback but not encroach the actual right -of -way. Kelley clarified that the variances were for Lot 3 width and Lot 1 setback. The drainfield is setback would be an administrative setback. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22, 1997 ( #5 - #2279 /#2280 Marc and Tracy Whitehead - Continued) • Gaffron clarified the location of the public versus private roadway. Kelley was informed that no homeowners association exists. Whitehead would grant easements for the driveway. Gaffron said granting right -of -way to the City for the road segment was preferred rather than an easement. Kelley asked whether an easement rather than road dedication would be desirable, given potential need to upgrade the road. Gaffron acknowledged that option but felt the right - of -way should be obtained. Kelley noted that would then require the road to be brought up to standard by the City. Gaffron reported that the City has many dedicated roadways that are not maintained. He suggested that since the majority of the cul-de -sac was acquired, so should the public right -of -way be acquired. Kelley said the City would not upgrade the road without the homeowners sharing in the cost. Jabbour said a policy should be set regarding this issue. Winston suggested an easement be granted. Gaffron asked Kelley if he was suggesting a private outlot with road continuing on it. Kelley said he did. Gaffron indicated that the option had been discussed. Kelley asked if the size of the drainfields were tested for a particular number of • bedrooms. Gaffron said the criteria used was for five bedrooms. Whitehead said he believed the testing proved adequate for larger than that requisite. Gregory said the homes will be in excess of 4000 s.f and use mound septic systems. Kelley asked if Outlot A was being given by Whitehead. Gaffron said the Planning Commission suggested the required buffer, leaving it as a separated outlot to serve as a boundary and limit possible encroachment. A possibility is that Outlot A could be owned by the Stankovsky's. Without Outlot A, the Stankovsky property would be sub - standard. A back lot is provided for the road. It was noted that unless it is owned by the Stankovsky's, it cannot be used for setback purposes. Paul Pesek said he is concerned if the public road is extended. He is also concerned with drainage from the additional hardcover and from a 50' wide road. Gaffron reported that the preliminary plat defines the driveway which is connecting and tilted into the slope forcing drainage to flow to the north. Conditions include submittal of an acceptable driveway plan. Gregory showed that there is a proposed berm is between the driveway and existing street indicating the drainage will flow across to the intersection. It appears that most of the drainage goes across into the wetland. Pesek said the drainage goes east along his drainfield. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22, 1997 ( #5 - #2279/ #2280 Marc and Tracy Whitehead - Continued) Gaffron asked Pesek if drainage would be improved if it does not cross the road. Pesek said if the ditch on the north side is working, it would be adequate. Jabbour suggested it could be reviewed when the road is improved. He indicated that the majority of the homes shed drainage to the wetlands. Gregory voiced concern for the oak trees if the road was upgraded. He proposed the center lime come in on the northern edge of the right -of -way so the road would move to the north and west to save the trees, one of which would still be vulnerable. Brano Stankovsky indicated screening and runoff were the two concerns for him. He said drainage runs along the side of the house. He asked if solutions have been considered. Gaffron said they have been discussed but not yet resolved. Gaffron reported that the drainage plan approval will require that no additional drainage be created and driveway plan will include screening but conditions of approval need to be resolved before final approval occurs. Kelley said the drainage plan will be a design issue. Council needs to determine the screening before applicant can take the next step. Jabbour explained the next step noting screening is objective. The applicant had suggested the native vegetation is adequate but needs to be discussed. Kelley asked Stankovsky on his thoughts regarding screening. Stankovsky was unsure what should be planted but thought the buckthorn would render the area bare during the winter months. He also is unaware of where the driveway will be located. Jabbour cited several examples of how screening can occur. Goetten asked the distance from the lot line to the dwelling. She was informed it was about 100'. Gregory showed where the driveway would come in at about 100' from the property line and 150' from the house to property line. Gregory was of the opinion that if the undergrowth was allowed to grow, there would be no significant problem with glare from headlights. Gaffron noted that under the current proposal, a 50' setback from the south line of Lot 1 would be allowed for the house. He indicated that the house location is not guaranteed unless made a condition of the approval. Jabbour said he would prefer providing screening. Whitehead reported the Stankovsky lot is substandard but is willing to work with him. He does not feel there would be a headlight problem. Jabbour said providing the outlot • will aid in solving this problem. 7 NIINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22, 1997 ( #5 - #2279/ #2280 Marc and Tracy Whitehead - Continued) Kelley asked what the difference was in elevation between the existing house and where the hill begins. Gregory said the difference is about 10' in elevation. Jabbour said there is an 18' elevation difference between where the garage apron is located and the Stankovsky house. Goetten was shown where the garage is located on the existing Stankovsky house. Gregory responded to the drainage concerns noting that the road would be sloped toward the retaining wall side to allow drainage to follow the pavement. Howard McMillan, 1275 Lyman Avenue, asked where the drainage travels from Lyman Avenue. He indicated it follows the ditch line to the culvert. He is concerned if the drainage spills crosswise and enters his property. Gaffron acknowledged the concern with adding new hardcover. Jabbour was informed that drainage easements would have to be acquired for drainage to the wetlands to the east. Gaffron said improvements will have to accommodate the new drainage. He recommended the applicant be responsible for the cost of this drainage improvement. Whitehead responded that there is currently no drainage problem. Goetten said this should be decided before the final plat approval. Jabbour said it would have to be verified. • Winston reported that the drainage can be solved with the driveway sketch. Whitehead said a ditch had been dug on the north side of the road and a drainage pipe installed to solve the wet road condition. Flint said he feels screening is a problem. He indicated that buckthorn would be an inadequate screening during the winter months. Winston asked to work with Staff on these points of issue. Jabbour noted there were policy issues on whether 1) the road should be widened; 2) who will pay for the road improvement, and 3) what happens if sewer comes to the area. Gaffron said the property is on the periphery of the Orono Orchards hot spot which is the next highest priority. There is no proactive neighborhood group however. Gaffron said the Whitehead property is not within the MUSA boundary but Stankovsky was included as well as others to the west. Sewer would likely run up the road. Gaffron said it was not the City's intention to provide sewer to the Whitehead property but noted it would not make sense to require road improvements if sewer were to come in soon. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON SEPTEMBER 22,1997 • ( #5 - #2279/ #2280 Marc and Tracy Whitehead - Continued) Jabbour polled Council on whether the widening of the road should be paid for by Whitehead. Winston asked that the entire burden not be carried by Whitehead. Goetten said she did not feel it should be paid entirely by Whitehead but at a shared cost when the sewer is installed. Kelley said he would prefer that the southeast corner be plotted as an outlot easement and not be dedicated to the City. Easements can then be granted for access. The road upgrade would then be the responsibility of the residents when they decide it should occur and the cost shared by them. Gaffron said he would always recommend first taking right -of -way but to create outlots on private roads would be consistent with Orono's normal practice in rural areas. Whitehead would be responsible for all drainage costs. Flint agreed with Kelley regarding the designation of the roadway in the southeast corner as an outlot. It was noted that the distinction differing this area from Casco Point is its Waal environment. Jabbour indicated that to amend the resolution would require additional time. Whitehead asked if acceptable language could be included and the resolution passed. Moorse thought that was possible for drainage and screening but questioned the curve. If it is an outlot then it is up to the residents to make the improvement. Moorse said he was • concerned with this. Kelley said the applicant was willing to donate the land, and if the homeowners feel the road curve is dangerous, they could make the decision to correct it and pay the cost. Jabbour said this differed from the direction given by the Planning Commission. Kelley indicated it would be difficult to require the applicant to pay the cost of design. Jabbour asked why the City owns 2 /3rds of the cul -de -sac and then leaves the cost of its development to private owners. He believes cost is a separate issue but agrees with Kelley otherwise. Kelley questioned who would be responsible for the reconstruction if the City owns it. Jabbour said the decision is being turned into a policy. He suggested assessing the homeowners. Kelley said there was the other option of taking the southeast corner, reconstructing the road, and then assessing the cost back to the homeowners. Barrett was asked for his opinion regarding fee ownership. Barrett said City ownership would render it difficult to avoid paying for the improvements. If that was the goal, it would be better not to have fee ownership but an easement. This, however, conflicts with the Comprehensive Plan. He suggested the City consider where they want to be in 20 years regarding public and private roads. Jabbour and Barrett both agreed there was more flexibility in the rural areas. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 ( #5 - #2279! #2280 Marc and Tracy Whitehead - Continued) • Gaffron indicated that with part of Lyman Avenue being public, it sets the tone for the entire road to become public. Barrett also noted that the reference to assessing the cost of the improvement requires a demonstration that it would increase property values. Flint noted the benefit would be to only a few homes. Mrs. Stankovsky reported that one home on the east side is going to be taken for the Highway 12 reconstruction. Brian Palmer, who lives east of the Whitehead property, concurred with Mrs. Stankovsky. He also said he believed the property owners would not be interested in paying for a road improvement. He feels the entire road is substandard, and it would not be economical or beneficial to improve it. Jabbour was informed that there would be only one additional home in that area. Howard McMillan asked what homes would benefit. Jabbour said he understood that the homes ahead of any improvement would not benefit. Jabbour said any improvement would then have to be paid for by the City. Mrs. Stankovsky voiced concern for safety where the new driveway comes out from the is subdivision. Gaffron said it would only be dangerous if a car was speeding past the curve and the person coming out of the driveway is not looking. Mrs. Stankovsky said there were trees on both sides of the road. She asked if Staff felt the line of site is appropriate for the driveway at that location. Gaffron said while caution needs to be taken, it was not unreasonable for the driveway to be located there. Cook noted that grading will also be required along the northerly shoulder. Jabbour asked about language for modification of the resolution. Winston said the engineering issues of driveway, screening, and drainage could state the applicant could work with Staff. Jabbour asked Barrett's opinion. Barrett said the guidelines should be fairly clear for the preliminary plat. While the drainage, curve, and setback issues were satisfactory, Barrett said the issue of screening should be clarified further. Winston said the Planning Commission suggested the applicant work with Staff. Barrett said the Council would then cede the matter to Staff. Gaflron referred to page 5 of resolution under item 96 regarding the goal of providing sufficient screening at the southeast corner of Lot 1. He indicates it is left wide open as to what is done and requires follow -up, as it is unknown when the home will be built. These requirements would also have to be included as a covenant to be enforceable. Gallon said he preferred a conclusion be made as this is not a standard subdivision. • 10 MRIJUTES OF THE REGULAR ORONO CITY COUNCEL MEETING HELD ON SEPTEMBER 22, 1997 • ( #5 - #2279/ #2280 Marc and Tracy Whitehead - Continued) Winston cited condition 5 where the applicant is to submit acceptable drainage and grading plans. He suggested the resolution be modified for #6 to submit an acceptable screening plan. Jabbour said if it is not required to be done until the home is built, the homeowner may want to make changes. Winston agreed that the future homeowner could modify it. Winston referred to condition 911 regarding payment for road improvements. He suggested that be eliminated if not needed. He asked about the letter of credit required for screening, etc. Kelley and Jabbour said it should be left in the resolution. Jabbour said he would support amending the screening modification subject to submission of a suitable plan before final approval. Kelley asked about the southeast corner•, whether it should be an outlot as owned by the City. Flint and Kelley preferred the outlot with an easement as did Peterson. Goetten said she would prefer to wait until the need is shown to upgrade it when sewer comes in_ She noted there would be no connection between the cul- de-sac and the corner area. council determined that the outlot would be established with an easement. • Kelley moved, Goetten seconded, to approve Applications #2279 and #2280 as outlined. • •Stankovsky asked what direction was being taken regarding screening. Jabbour explained that the applicant will work with staff with neighbor input. Gaffron read through the conditions 1 -11 for any changes and clarification. Under #3, the sightline improvements will not be to a newly dedicated right -of -way but will become an outlot. 46 will be changed to require submission of a screening plan that is acceptable to the City. Goals are removed. #9 - an outlot will be platted for private ownership with underlying road easement for the City. The required curve radius will be 189 and posted at 20 mph. #10 was eliminated. Kelley said he assumed that nothing would be done with the road curve unless the homeowners want it to happen. Gaffron agreed. Vote: Ayes 5, Nays 0. (The meeting was recessed for a short break.) 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 (#6) #2281 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS, • COUNTY ROAD 6 IMPROVEMENTS - VARIANCE /CONDITIONAL USE PERMIT - RESOLUTION NO. 3968 Steve Theis represented the applicant. Bruce Polacayk was also present. Gaffron reported that a conditional use permit and variances for alteration of existing wetlands are required for the CoRd 6 road improvement for wetland impact and exceeding 100 c.y. of land alteration. The Planning Commission reviewed the application at their August meeting. There are both City protected and other wetlands involved; some of which are protected by the Wetland Conservation Act. Gaffron reported that .5 acre of City protected wetlands will be filled. The Planning Commission reviewed the verification of .8 acres for replacement by BWSR They felt BWSR should be encouraged to mitigate within Orono or at least in the same Watershed. Gaffron reviewed the 6 Staff recommendations. He indicated that the MCWD has reviewed the plan. They found that since it was a linear project, it would be difficult to create a NURP pond and asked for financial contribution instead. This contribution apparently would be escrowed for use within the City under MCWD's proposed rule revisions. The Planning Commission had reviewed the impacts and suggested Staff and City Engineer look at the impacts subject to approval of an erosion control plan and approval • by appropriate agencies. The application approval would also be subject to a land alteration permit. Gaffron reported there were public concerns voiced at the Planning Commission meeting regarding the process of determining the alignment. Gaffron said the long process taken was explained to those present, which resulted in recommendation #6. Gaffron said some concerns were answered by discussions held after the meeting. Jabbour suggested the Planning Commission be made more aware of the process taken regarding the roadway project approval. Gaffron noted that the Planning Commission was not brought in as a body during that process so was unaware. He feels the Planning Department also needs to become involved sooner in the process. Jabbour asked that copies of all activities be passed on to the Planning Commission to allow them to understand the history of the applications. Gaffron said recommendation #I was accomplished through a meeting with Hennepin County. It resulted in reasonable and appropriate measures being taken. Maintenance responsibility was added to the resolution. Planning Commission's recommendation that wetlands be mitigated in Orono was substantiated by Jabbour and Goetten. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 • (#6 - #2281 Hennepin County Road 6 Improvements - Continued) Kelley was informed that the contribution made by Hennepin County was shared 50150 with the City. Gaffron indicated there were two separate issues, as not creating the NURP pond requires the County to pay to the Watershed, with the City providing half the funds. The requirement of mitigation is determined by the State and BWSR. Recommendation for mitigation to occur within Orono should be submitted to BWSR Kelley suggested the use of an escrow fund established within the City with certification that it be used for future use in Orono. Gaffron indicated that the requirements of the MCWD are either a NURP pond or making a financial contribution to MCWD. Kelley suggested they be required to submit a certification statement to the City that the funds will be used in Orono. Gaffron said details would have to be worked out. Kelley said he would like to see a yearly statement given to the City. Jabbour reported that this fund will only affect few projects as most projects require major funding. He agreed that the City should keep track of the fund. He noted most projects include NURP ponds and few will take the other approach. Jabbour suggested a work session be scheduled to discuss funding of stormwater ponding. He noted if a stormwater plan was in effect, the City would reap some benefits. Jabbour said the City needs to establish a policy. • Cook agreed with Jabbour. He said projects will be much bigger and the City needs to work with the MCWD. Goetten said she was concerned with what she read from the minutes of the Planning Commission meeting that the public feels there is no forum by which to address their concerns. The Planning Commission was also concerned and suggested a joint meeting be held with Council. Goetten said she would like to have seen those present at that meeting here tonight. Goetten said concerns must be heard and a process to address these concerns. Gaffron noted that no action was taken by the Planning Commission, and left it to the Council to address those concerns. Alignment was the main issue of concern to the public present at the hearing. McMillan said taking of property and impact on a septic system were the main alignment issues as well as the issue of communication with the County. Jabbour was informed that the real estate people for the County have not made contact with the residents. Theis indicated he had no control over the County Real Estate Department. Goetten said she was concerned that this be addressed. McMillan thought there was a general confusion over the whole project. • 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22.1997 (#6 - #2281 Hennepin County Road 6 Improvements - Continued) • Jabbour reported that the project was originally assigned to a committee made up of Staff and Council. The final design was worked on after that. Jabbour said he is unhavov with the fact that the County had informed those present at that Planning Commission meeting that they would be visited by the real estate people. If there was a holdup with that contact, they should have been notified by letter. Goetten agreed that improved communication is required. Jabbour noted that Jim Grube did meet with neighbors. Moorse asked Theis if there was a brochure regarding right -of -way and the process taken. Theis said the brochure has been available at several meetings. He suggested a mass mailing be done. Theis said bids were being advertised with award in December for a spring start. He felt this schedule should bring about a reaction from the real estate people. Jabbour said the information needs to be communicated to the residents. Kelley moved, Jabbour seconded, to approve Resolution No. 3968. Vote: Ayes 4, Nays 1, Goetten. Jabbour directed Moorse to send a letter to the residents regarding the process. Theis asked that this be coordinated between Moorse and himself. Jabbour supported that request. Flint said he was unclear regarding the monies collected by the MCWD for wetland mitigation being spent in the Citv. Gaffron said he would send a letter to BWSR encouraging them to do projects within Orono. ( #7) #2284 JAMES SLECHTA, 3700 NORTHERN AVENUE - VARIANCE The Applicant was present. Van Zomeren distributed photographs of the property. The proposal is for construction of a 42x96 oversized accessory structure on a 3.97 acre parcel. A variance is required as the size exceeds the maximum allowed for an individual accessory structure and the maximum for all accessory structures allowed on the lot. The height of the structure will also exceed the height of the 16' principal structure requiring a variance. The Planning Commission unanimously recommended denial of the application. 0 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 • ( #7 - #2284 James Slechta - Continued) Van Zomeren reported that given the number of structures currently on the property, there is 1400 s.f available now. Van Zomeren informed Jabbour that all of the property is one tax parcel and cannot become separate lots. Jabbour said the Planning Commission mainly discussed the issue of size and height. He understood a front setback variance might not be a problem. Slechta said the structure would not appear higher than the residence as it would be built in a lower elevation. Staff explained that height was measured from grade level and not based on topography. What constitutes a hardship was explained to Slechta. Slechta said he needs the building to store his possessions so he can live on the property and take care of his aging parents. He said the structure would be a benefit and not a burden. Slechta said he could downsize the structure somewhat and would like to negotiate with the Council. Slechta said he had other options available but the Planning Commission was not willing to pursue other options. Jabbour said the hardship is one not created by the applicant and storage does not constitute a hardship. Slechta said the property is wooded and screened, and he has not received any concern from the neighbors. • Goetten informed Slechta that the acreage would allow a total of 1600 sT of accessory structure. The proposed structure exceeds what is allowed in the zoning district. While appreciating his situation, Goetten said she could not support the variance request. Peterson agreed with Goetten noting the structure was too ambitious. Jabbour told Slechta that approval would set a precedent and open the doors for others to request similar structures. Flint agreed with Council comments adding that the Council is responsible for protecting all properties in the City by the code. Slechta was asked if he would like the application tabled or voted on. Slechta said there were inconsistencies with the information noting the property contained 4.8 acres. Jabbour suggested tabling the application to allow for correct information to be provided by an updated survey and allow applicant to consider other options. Jabbour moved, Peterson seconded, to table Application #2284. Van Zomeren was directed to send a letter to the applicant asking to allow an indefinite time frame for • action on the application. Van Zomeren said a new survey would have to be submitted. Vote: Ayes 5, Nays 0. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 (#8) #2285 JOHN LATTERELLE, 3505 LIVINGSTON AVENUE - VARIANCE - • RP.ROI.ITT ON NO. 3969 The Applicant was present. Van Zomeren distributed photographs of the property and a handout. Van Zomeren said the request is for a 12'x26' deck on the north side of the residence in the front yard requiring front, side, and structural coverage variances. The .15•ac property is located in the LR -IC Zoning District. Per the Planning Commission recommendation, the plan was revised to a 20'x 10' deck. Van Zomeren reported that it was questioned how the residence was built on the lot. She found that it had been historically a nuisance lot and deemed buildable in 1974. A side yard variance was received at that time which was in part the street file information, but on microfiche. The handout included information found on the microfiched records indicating prior variances received in 1974. Jabbour moved, Goetten seconded, to approve Resolution No, 3969 per Planning Commission recommendation. Vote: Ayes 5, Nays 0. (#9) NO AGENDA ITEM (a #10) #2297 DARYL HANSEN FOR MRS. ROBERT KEITH, 1045 • EDGEWOOD HILLS ROAD - VARIANCE - RESOLUTION NO. 3970 Goetten moved, Peterson seconded, to adopt Resolution No. 3970. Vote: Ayes 5, Nays 0. ( #11) ORDINANCE AMENDMENT - SHORELAND AND ON -SITE SEWAGE TREATMENT, ORDINANCE NO. 162, 2ND SERIES Gaffron reported that the Council had directed Staff to draft an amendment extending the time period for septic system upgrade in the Shoreland District from 2 years to 10 years to replace any system that does not meet the 3' separation. Staff was also directed to revise the ordinance to eliminate the building permit process from triggering the septic system upgrade. This results in the ordinance being consistent between Shoreland and non- Shoreland properties. The rationale behind this decision is the upcoming review of sewering of rural areas. The high cost of septic system replacement is also a factor. There are a number of areas in the rural area that could be scheduled for sewer, and it would not make sense to require the septic improvement and then have sewer installed. 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 ( #11 Shoreland and On -Site Sewage Treatment Ordinance Amendment - Continued) • The City had previously felt the Shoreland District should be a higher priority with the septic systems lacking the 3' separation. Staff recommends failing systems be given highest priority. Gaffron reported that State regulations were reviewed and found to be ever changing. The legislature has recently changed the separation allowance from 3' to 2' for existing systems at the direction of the local government. This has a minimal impact on Orono as those not meeting the separation generally have been found to have less than a 1' separation. Kelley asked how the State regulation was interpreted without a set time frame. Gaffron indicated the DNR had recognized that and suggested a 2 year replacement time period in its Model Shoreland Ordinance. Jabbour said he understood and agreed with the regulation but has found that the DNR ordinance is for the greater state at large and zeros in on the small older cottages on Waal lakes throughout the state. Jabbour said most problems occur where the 1000' mark touches a lot triggering the upgrade. Jabbour feels the City will be remedying the situation and continue to work towards it. Jabbour said he did not agree with a Planning Commissioner's comment regarding a longer upgrade time frame presenting a health • hazard. Gaffron said both Staff and Council have the same goal of protecting Lake Minnetonka. Sewering is being done on the majority of properties around the lake. Gaffron said his concern is with the time frame of 10 years in the Shoreland as being too long. He felt a shorter time frame would be better. Gaffron suggested the sewer study regarding sewer in the rural area be conducted and determinations made as to the extend of sewer in the rural area; then the issue of septic replacement timeliness could be revisited. Jabbour responded that he feels sewering is preferred by residents. If the current zoned density can be maintained with sewer, the City may be able to sewer more properties. He noted the highest density is by the lake. He agreed that all parties are attempting to move in the same direction. Jabbour asked Gaffron if he preferred a five year time frame. Gaffron said he would be more comfortable with that figure. Gaffron reviewed comments made by Septic Inspector, Steve Weckman. Weckman questioned whether it would be fair to change the ordinance for those that have already replaced their systems. Gaffron noted that this does not affect very many residents, however. Some residents have placed funds in escrow for potential septic replacement, and these residents will no longer need the escrow money set aside. This affects only • about 3-4 residents. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 ( #11 Shoreland and On -Site Sewage Treatment Ordinance Amendment - Continued) • Jabbour said that was right as long as they were non - conforming. If an addition results in a residence's septic system being inadequate, they would not be exempted from the requirement to replace the system within a shorter time frame. He asked that the residents be made aware of this. Gaffron said Steve Weckman has been in contact with other jurisdictions and finds only one that has such a long time period; though, Gaffron said it may be justified in the metropolitan area. Jabbour said he was comfortable with the amendment because the vast majority of lakeshore properties have already been sewered. Gaffron agreed that the number is more than 95 %, and there are few large parcels except for the Maxwell Bay area that have not been sewered. Jabbour said it would make sense to encourage the DNR to encompass a 750' shoreland area. Flint said he supports the five year recommendation by Staff. He feels the 10 year requirement is more suited to the non- shoreland area. Five years would allow an agenda to be followed and remain in consideration. He noted the time frame can always be extended but would be difficult to reverse. • Jabbour said he is of the opinion that the shoreland area is generally sewered. Flint noted that the residences along Long Lake are not. Jabbour moved, Kelley seconded, to approve the ordinance as presented for a 10 year time frame. Flint moved, Peterson seconded, to amend the motion to a 5 year time frame. Vote: Ayes 3, Nays 2, Jabbour, Kelley. Moorse said a 4 /5th majority is required; motion failed. Jabbour moved, Peterson seconded, to approve the proposed ordinance with modification of years to 8 years. Flint, Goetten, and Peterson said that time frame was too long. Jabbour responded that the City has many issues to address within a short time frame, such as a Comprehensive Plan Amendment and Stormwater Management Plan. He feels five years is too short a time frame. Goetten said it could always be extended. Jabbour withdrew his motion. Flint moved to adopt the proposed amendment with a 6 year time frame. Motion failed for lack of a second. • 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 • ( #11 Shoreland and On -Site Sewage Treatment Ordinance Amendment - Continued) Peterson moved, Jabbour seconded, to adopt the proposed amendment with a time frame of 7 years. Vote: Ayes 4, Nays 1, Kelley. The Eastman were informed that the 7 year time period begins at the time the septic system was found to be non - complaint. They were directed to discuss this with Staff. MAYOR/COUNCIL REPORT Jabbour voiced concern with the press reporting on City Council Meetings without attending the meetings. He feels information is sometimes being incorrectly interpreted in the newspaper and cited an example. Jabbour said information should be received by these members of the press by attending the meetings themselves. Jabbour said two neighborhood groups, one 24ot subdivision and one neighborhood, have initiated annexation inquiries with the City of Long Lake. He informed the Council that neither the City of Long Lake or their council are involved in the initiation. Jabbour said the police contract was renewed and promises given for dialogue in the future. • Goetten said she would like to suggest the Planning Commission have two meetings a month due to the lateness of meetings recently. Goetten said this would help the flow of applications and assist the Planning Commission members. 0 Jabbour said this was suggested several years ago as an aid to residents and in meeting deadlines. Applications are sometimes incomplete for review by the Planning Commission. - Goetten said the change would help public relations. Commissioner McMillan said the Commissioners are not receiving all the information until the last minute. She feels it is unfair to tie up the entire weekend reading the materials and reviewing the sites. It is also hard to provide an adequate review of applications when the meetings run very late. Barrett indicated that the complete application information should be received 30 days prior to the meeting. McMillan indicated that the residents are not getting complete information. It is also unfair for Staff to have information trickle in. Jabbour noted that the Staff cannot be thorough without the time to review the applications. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22, 199'7 (Mayor /Council Report - Continued) undue pressure on the Staff to accommodate the applicants, With • Goetten said there is u p PP twice monthly meetings, there would be a cut -off time with a second opportunity for a meeting in a short time period. McMillan said she would support the two meeting month if it would aid Staff. She suggested meetings start at 6:00. Jabbour noted pressure is also applied if the meeting causes the applicant to be set back in their schedule. McMillan noted that the process is slow and people must be organized. Goetten said delays will occur. Van Zomeren indicated there have been many problems with surveys of late. Goetten said she would like to see the process easier to go through. McMillan said issues are becoming more complex and resulting in the Commissioners reacting rather than taking the time to consider all the information. Jabbour suggested a joint meeting between the Council and Planning Commission occur prior to the next Council meeting. ENGINEER REPORT ( #12) CANOPY FOR PUBLIC WORKS BUILDING ENTRY Gappa said the budgeted estimate for this project is $20,000. Gappa reported that the canopy for the entrance to the Public Works Building has been included in the budget estimate for next year. Staff became aware of the problem last year with ice build up, which has been a problem each winter. There is also no protection during rainy periods. Gappa requested the project be completed this fall to eliminate problems for the upcoming winter months. Jabbour moved, Kelley seconded, to authorize obtaining quotations for installation of an entrance canopy for the Public Works Building. Vote: Ayes 5, Nays 0. Flint was informed that drain pipes are not a consideration. Jabbour asked if an architectural rendering is needed. Moorse suggested the drawings for a canopy be reviewed from the original building plans. • 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 ( #13) PUMP STATION FOR IRRIGATION SYSTEM Gappa reported that when the irrigation system was budgeted for, it included the irrigation system itself only and the pump station and related items were separated out intentionally. A pump station will require a concrete stab and a 12'x16' prefabricated wooden building to house the pump. A front porch will also be erected for a rest station. Goetten inquired if this would affect adjacent property owners. Gappa said this is a separate issue. The pump house will not affect the adjacent property owners. Flint moved, Kelley seconded, to approve the following quotations for the golf course irrigation system project: Vote: Ayes 5, Nays 0. Johnson & Peterson Construction - concrete slab $ 925.00 Redi -Bilt Buildings, 12'x16' prefabricated wood bldg 2,992.65 NSP, overhead 3 -phase electric service transformer 1,200.00 All Star Electric, 480 V 3 Phase and 120/240V service 7,800.00 for pump station and well from NSP transformer Gappa reminded the Council of the public hearing regarding the Navarre Water Treatment Plant Rehabilitation. He has received only two continents, one in support and one with a question. Moorse says he has not received any calls. 0 CITY ADMINISTRATOR'S REPORT ( * #14) INTERFAITH OUTREACH AND COMMUNITY PARTNERS REQUEST FOR FUNDING Goetten moved, Peterson seconded, to approve the $1,000 request by IOCP for funding of its 1998 activities. Vote: Ayes 5, Nays 0. ( 415) STREET SIGNS FOR PRIVATE ROADS Goetten moved, Peterson seconded, to adopt a policy that requires all new street signs for private roads be green with white letters. Street signs for public roads will continue to be white with black letters. Vote: Ayes 5, Nays 0. ( * #16) RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT WITH THE DIVISION OF EMERGENCY MANAGEMENT - RESOLUTION NO. 3971 Goetten moved, Peterson seconded, to adopt Resolution No. 3971 authorizing execution of a sub -grant agreement for reimbursement of storm damage expenses. Vote: Ayes 5, • Nays 0. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 22,1997 CITY ATTORNEY'S REPORT • City Attorney Barrett had no report. ( #17) LICENSES Goetten questioned the license application for Mr. Hallson. She asked if selling firearms from a residence was allowed. Moorse said it was. He noted this was a renewal license. Moorse did not know what specific conditions are required for housing firearms. He informed Peterson that the police chief reviewed the application. Peterson moved, Jabbour seconded, to approve the Home Occupation License for John Hallson, 120 Golden Drive. Vote: Ayes 4, Nays 1, Goetten. Goetten moved, Peterson seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Special Event Remodelers Showcase 2375 Devin Lane September 26-28 Kennel License Tracey Morrow 3026 Casco Point Road ( * #18) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Kelley moved, Peterson seconded, to adjourn at 10:22 p.m. Vote: Ayes 5, Nays 0. Gabrie Jabbour, Mayor 22 •