Loading...
HomeMy WebLinkAbout10-13-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 139 1997 I* 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 Glenn Cook, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #5, 8, 12, 13, 14, 15, 18, 21, 22, 23, 31, 32, and 33 were added to the Consent Agenda. Goetten moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF SEPTEMBER 22,1997 • Goetten moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of September 22, 1997. Vote: Ayes 5, Nays 0. ( * #3) PUBLIC HEARING OF SEPTEMBER 23,1997 - NAVARRE WATER TREATMENT PLANT REHABILITATION Goetten moved, Flint seconded, to approve the Minutes of the Public Hearing of September 23, 1997 regarding the Navarre Water Treatment Plan Rehabilitation. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Jim White reviewed the issues of concern for the Park Commission. He indicated that the Commission has recommended only Casco Ice Rink be flooded this year and rinks eliminated at Hackberry and Bederwood due to poor ice quality due and low usage. He reported that the Commission recommended park dedication be in cash for the Garden Lane and Brook Park Realty Subdivisions. White said the Park Commissioners would like to know the assessed values of the properties being reviewed for park dedication before their recommendations are made. • White informed the Council the Commission will be reviewing long term funding at their November meeting and will report on options available. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 (Park Commission Report - Continued) • White reported that a property owner on Stubbs Bay has indicated concern with a problem of public trespassing on their property located next to the public access. The owner would like to see their property restored and the public access more clearly identified. Jabbour informed White that he met with Park Commission Chair Wilson and another member of the Commission regarding the park dedication ordinance. The Council will be considering changes to the ordinance. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #4) #2212 SIDNEY REBERS, 2190 WAYZATA BOULEVARD - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 3972 0 Gaffron reported the application was before the Council for preliminary plat approval for conversion of Outlot E of Sugar Woods Plat to a buildable lot status. Conceptual approval was granted on April 14, 1997. Changes have been made to the resolution per discussions with applicant's representatives. The revised resolution meets the approval of the applicant, Staff, and City and applicant attorneys. Staff recommends adoption of the preliminary plat approval resolution as presented. Bill Wear was present to ask questions. The applicant's attorney, Mr. Pflaum, was present. He said he supported the resolution as drafted. Bill Wear voiced concern with the future proposed frontage road to the rear of his property. He is concerned that the closure of his Hwy 12 access would result in one of his lots becoming landlocked. Wear asked the Council to initiate granting an easement to his property from the west in order to provide a future access for his middle parcel if the Hwy 12 accesses are eliminated. Gaffron said the easement suggested by Wear would need to extend across Lot 1 to the Wear property. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 • ( #4 - #2212 Sidney Rebers - Continued) Wear said he had no intention to use the property at this time but wanted to protect his interest in the property for the future if he ever decided to sell this particular lot. Wear said he presented Gaffron with a copy of an adverse claim with Rebers agreeing to a 55' setback on the east side and 75' on the west side of Lot 1. Jabbour asked Barrett if the City was in the position to request an easement. Barrett indicated the City would most likely provide access to eliminate landlocking property. Gaffron noted that the lot was an individual tax parcel. Wear noted the change in access from Brimhall, which does not extend to his property, would result in the landlock of this parcel if the Hwy 12 access was eliminated in the future. He would like the City to provide a means of future access before the current access is closed off. Jabbour explained the City's position regarding commercial usage along the Highway 12 Corridor as noted in the Comprehensive Plan. He said the Comprehensive Plan was written with the possibility of the improvements along Hwy 12 being in the current corridor. He noted this has changed to the Alternate 12 location, and the existing highway will be used for local traffic. Based on this, the City would probably not aggressively pursue any change to access. Kelley said Wear's concern regarding the is frontage road will most likely not occur. Wear said he would still like to protect himself from that possibility. Barrett indicated that access is currently provided so objection could only be taken if that access was eliminated. Wear responded that the portion of his property that would be taken for the frontage road is there if the City decides to construct it, and he would like to have the same consideration. Pflaum was asked to respond. Pflaum said the service road was a sensitive issue to all of the property owners along it noting Rebers also opposed the construction of the service road. He indicated it would also have an adverse effect on the residential properties. Pflaum indicated the agreement stated the frontage road could be constructed if the City so deemed it and the cost would be shared. He noted that there would be access to all the properties from the access provided by Rebers from Brown Road to Willow if Hwy 12 access was eliminated. This road would be developed if Rebers developed the property to the east, and the problem for Wear could be dealt with at that time. He indicated he was not in favor of further burdening the Rebers property in providing an easement at this time. He had been unaware that the Wear property contained two parcels. Pflaum further elaborated that the Brimhall realignment was done at the request of the Council. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #4 - #2212 Sidney Rebers - Continued) . Jabbour told Wear that his access would not be closed without providing an access elsewhere. Wear indicated that the easement would protect both himself and the City and should be done at this time. Jabbour asked Council to comment. Goetten said she did not believe the Council could ask the adjoining property owner to provide this easement. She supported the plan as proposed as there were no plans to close the Hwy 12 access. Kelley concurred with Goetten. Flint said he thought Wear was adequately protected as he currently has an access and it cannot be taken away from him. Barrett said an access cannot be eliminated causing a parcel to become landlocked without providing alternative access. Jabbour suggested Wear obtain a copy of the minutes of the meeting for his records. Kelley moved, Goetten seconded, to adopt Resolution #3972 granting preliminary • approval of a Class II subdivision for property located at 2190 Wayzata Boulevard. Flint asked for and received clarification of the location and purpose of Outlots A and D. Vote: Ayes 5; Nays 0. ( * #5) #2286 STEVE WHITE, 4355 BAYSIDE ROAD - CLASS I SUBDIVISION - RESOLUTION NO. 3973 Goetten moved, Flint seconded, to adopt Resolution No. 3973 approving a 2 -lot metes and bounds Class I subdivision for Steve White at 4355 Bayside Road. Vote: Ayes 5; Nays 0. ( #6) #2287 TRACI AND BRADLEY PETERSON, 1770 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 3974 Bradley Peterson was present. 4 is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 • ( #6 - #2287 Traci and Bradley Peterson - Continued) Van Zomeren showed a picture of the lakeside view of the property. The .28 acre property is located in the LR -1C Zoning District. The applicant had begun rebuilding a deck without being aware of the need to apply for a building permit. He was informed that a variance would be required in order to restore the existing deck. No additional encroachment will incur from this deck reconstruction, and the applicant has agreed to remove plastic under landscaping in the amount equal to the deck size. The Planning Commission unanimously recommended approval for 20.9% hardcover variance in the 0 -75' lakeshore setback, 36.4% hardcover variance in the 75 -250' setback, side setback variance, and lakeshore setback variance for an 8' encroachment. Van Zomeren said Staff also recommends approval. Peterson had no additional comments at this time. Kelley inquired of the age of the deck and house and whether Staff received confirmation of the deck size being equal to what existed. Van Zomeren said the size was based on information provided by the applicant. Peterson said the house was built in 1929 with many additions. He begun replacing each plank and found the condition to be such that required total reconstruction. Peterson thought the deck was at least 20 years old. He has lived in the property for about 3 • years. Van Zomeren informed Jabbour that Staff was satisfied that the proposed deck is as existed. Goetten asked for clarification on the hardcover calculations. Van Zomeren indicated there had been 27.1 % of hardcover in the 0 -75' setback previously, currently existing at 21.6 %, and proposed at 20.9 %, which includes the deck and stairs, as reflected in the survey provided by the applicant's surveyor. 490 s.f. of plastic is being removed. It was noted that the recommendation #1 is correct and #2 is to be changed to 20.9 %. Kelley asked Peterson if further plastic could be removed in the 0 -75' setback. Peterson indicated the Planning Commission asked for removal of the plastic that would not cause concern for erosion of the bank. He felt the amount remaining is necessary to prevent erosion. It was noted that if approved, the remaining plastic would render it as legally non - conforming instead of its current status. There is crushed rock along the shoreline. Concern was expressed over the correctness of the hardcover calculations which were performed by the surveyor. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #6 - #2287 Traci and Bradley Peterson - Continued) • Kelley said he supported the deck but would like Staff to review what plastic is necessary to remain for erosion control. Van Zomeren indicated Gappa, who is an engineer, could make that determination. Cook also noted that the applicant could continuously replace plastic with vegetation over time. Kelley moved, Goetten seconded, to adopt Resolution #3974 with the condition that all plastic be removed in the 0 -75' setback except that which is needed to stabilize the bank. The resolution will reflect approval of the stairwell and decking with final percentage of hardcover remaining be noted in the resolution. Building permit would not be issued until that calculation has been determined. Vote: Ayes 5, Nays 0. ( #7) #2288 JASON THEIS, 4108 HIGHWOOD ROAD - VARIANCES - RESOLUTION NO. 3975 The applicant was present. Mr. Theis presented Staff with a letter signifying the neighbor's agreement to provide an easement to Theis. Theis is awaiting formal documentation. Van Zomeren reported the application is a request for a tuck -under garage with living space above requiring variances for hardcover in the 75 -250' setback and front setback. . The Planning Commission recommended approval. Van Zomeren indicated that the site is unusual with the house sitting within the front yard. The property line is jagged. A newer house is located next door sitting higher in elevation. The drainage runs down the road and flows into the applicant's property. The property is a through lot but with no access to CoRd 19 due to the low lying land. There is a concern with the grade, which will be sloped at 8.2 %. The applicant will have the ability to back out and is working out an agreement for an easement with the neighbor. The property does have a wood retaining wall. The proposed driveway will curve around the existing deck area. The proposal will result in additional hardcover for a parking space to be located in the front yard when weather conditions prevent use of the garage. Staff recommends this arrangement as the best option. The plan as proposed by the applicant would require a side variance of 1.2'. Van Zomeren said Staff recommended a 10' side setback on each side to reduce the number of variances required. The applicant did not make this change as it would require changing the bedroom dimensions. He originally requested a 5' setback but the neighbor voiced opposition. Theis said he came as close to meeting the setback requirement as he could. Theis said the structure is 9' from the property line at that point. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #7 - #2288 Jason Theis - Continued) Council and Staff discussed what setback area the recommendation for hardcover variance under #1 referred to. It was determined that the first 40' of the lot was in the 75 -250' setback and the remainder in the 250 -500' setback. The applicant may not need the side setback as requested. Theis noted that the property slopes to the rear which allows drainage to flow away from the lake. Jabbour informed Theis that the Council was in favor of the application but wanted to ensure the language in the resolution was correct and other issues are resolved. The applicant will need to work with Staff to verify hardcover calculations on an accurate survey. Theis said he would like to begin construction this fall. Jabbour moved, Goetten seconded, to direct Staff to bring a revised resolution with appropriate language and corrections to the Council for approval. Vote: Ayes 5, Nays 0. ( * #8) #2291 STEVEN SIGEL,1399 PARK DRIVE - VARIANCES - RESOLUTION NO. 3976 • Goetten moved, Flint seconded, to adopt Resolution No. 3976. Vote: Ayes 5, Nays 0. ( #9) #2295 CONLEY BROOKS, JR., 980 WEST FERNDALE ROAD - VARIANCE - RESOLUTIONS NO. 3977 AND 3978 Conley Brooks, Jr., and Attorney, Bob Mitchell, were present. Gaffron reported the application is a two -part request. One is for street and wetland setback variances for construction of a garage to replace an existing garage in poor condition located in Parcel H. The garage construction also requires a variance for an accessory structure located nearer to the street line than the house. The second part of the application is for variances and permit for reconstruction of a fence within the right - of -way and less than 75' from lake located between the paved road and the property line. Staff recommends if garage is approved, the lots be legally combined. Gaffron noted there is court action pending regarding ownership of 20' lakeshore parcel at the east end of Parcel F. Gaffron said the existing garage is located 2.8' within the right -of -way and new garage proposed F from the lot line. It would meet the 10' side setback and 20' from the wetland, where 26' separation is required. The Planning Commission reviewed the proposed garage and voted 6:1 for approval of a street setback variance with location closer to street than house. They recommended the garage to be within a 18x24' 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #9 - #2295 Conley Brooks Jr. - Continued) footprint to maintain a 26' wetland separation. Gaffron said in Staff s opinion the only rationale for approving the garage is based on the fact there is an existing garage. Gaffron said the negative visual impacts of the structure located 1' from street right -of- way should outweigh the convenience aspect of the structure. He indicated the doors would be located to the side rather than on the street side and the garage would not have a driveway. Gaffron indicated the code does allow for a 20 s.f lock box, 4' in height and within the 0 -75' zone, but this would not provide the storage needs of the applicant. Staff questioned whether the garage could be located elsewhere on the property. Staff does not recommend approval of the garage based on the facts found. Gaffron said Staff does not recommend location of a fence in the right -of -way. The existing fence is in poor condition. A conforming location would be 20' or more from the traveled road. Staff s opinion is a fence located 10' from the road would have more of a visual impact and possibly create a problem with snow storage. The Planning Commission recommended approval of fence replacement with a height of 6' and located 10' from pavement. 0 Staff s recommendation for the fence would be a location at least 15' from the road with existing shrubbery located in front of it for screening and additional screening planted to essentially make it disappear from view. A hold harmless agreement would be required. Gaffron noted that a major portion of the fence would be within 75' of the shoreline. S Jabbour asked about the location of the pavement on the right -of -way. Gaffron said the 20' paved road is fairly centered within the 66' wide right -of -way. There have been survey markers placed in the past. It appears that the fence is in the used portion of the property due to the wide right -of -way. Jabbour asked Barrett to comment on locating a fence within the right -of -way. Barrett said if it was approved, it should be subject to the right to expand the right -of -way if necessary. Brooks indicated that the variance requests were part of his plan for improvements of the acquired Skarp property. He said he removed the house that was located on Lot 11 and eliminated hardcover. The proposed garage would be used for storage as the home is located on an island and has no good area for a storage structure to house seasonal equipment. Brooks noted many of the same problems would be encountered if he attempted to locate the garage on the main property. He is willing to add plantings where necessary. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #9 - #2295 Conley Brooks Jr. - Continued) Regarding the fence, Brooks said he is attempting to preserve the natural look of the roadway. He would like to place the fence back behind the tree line to prevent trespassing and view of the narrow property. Brooks is also concerned with problems with snowmobilers. He feels the fence will blend in and discourage trespassing. As far as the 10' placement from the road, Brooks thought the average distance would be about 13 -15' with the closest distance at about 12'. He said the request could be amended to state a 12' distance instead of 10'. During public comments, Robert Floyd, 960 Ferndale, reported living next door to the Brooks property with his dock on the south side of the road. He asked for a point of clarification regarding whether the approval would be contingent on the final subdivision approval of the Skarp property. Gaffron said he believed it would be affected by that outcome. Barrett indicated the fence would be related but the garage would not be as there is no ownership contention regarding that property and legal combination can occur. There would be two resolutions. Barrett said the parcels affected regarding the garage are north of the roadway consisting of parcels H, E, and A. Floyd said he is in favor of both the garage and fence. He is concerned with the timing and relationship with regards to the Skarp property. He said he believed it would be difficult to locate a fence elsewhere, there are other buildings near the road along Ferndale, and the existing garage is in poor condition. As to the fence, he noted trespassing and parking problems and would be consistent with other hedges and fences in the area. Floyd thought the fence request was reasonable and would be an asset to the area. He would like to see approval contingent on the determination regarding the relationship of his property to the Skarp property. Bob Mitchell displayed several maps dating back to the late 1800's showing the location of Ferndale Road. He said the applicant is attempting to improve the property. He noted the wide right -of -way was platted in 1902 but has never been used to that width. Mitchell said the applicant would remove the fence if found to be necessary and would agree to a hold harmless agreement. Jabbour said he was not in favor of a fence located in the lakeshore preferring open space but understands the argument for some properties to need such a fence. He believes these rationales do not exist regarding this property as the marsh is located behind it. He believes there is a strong distinction between this property and other properties. Jabbour said the fence would not impact visually, and he would like to see a buffer. He supported the fence request. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #9 - #2295 Conley Brooks Jr. - Continued) . Goetten said she supported the fence located there but would like to see improvements made to the situation. Goetten said the fence should be built to code and standards. She is not in favor of a 6' height or a fence located in the right -of -way. Gaffron indicated that the fence would have to be 20 -23' from the road to be out of the right -of -way, and the fence is proposed at 12 -15'. Peterson concurred with Goetten. She does not believe this fence is unique from other fencing. Goetten added that this is true especially along lakeshore. Peterson said she did not support the proposed height or the fence. Goetten indicated she would support a height of 3 -1/2' noting trees and shrubbery would be effective. Brooks noted an alternative would be to cut down what is existing there now and put up a wall of arborvitae. Kelley asked what could be done in the 0 -75' setback. He noted the adjacent lot to the west was vacant of any trees, and he was surprised to find a driveway to the lake. Gaffron said he also was surprised and disconcerted at the extent of removals. He noted some of the trees had been in poor condition. Kelley questioned whether this could �. happen on the Brooks property. Gaffron noted it happened next door when grading was performed. Brooks confirmed for Kelley that the fence would run east to west on the property with a gate, 6 -8' wide. Kelley said he would support a fence located in the right -of -way but behind the tree line and less than 6' high. This would keep trespassers from entering. Jabbour said the ordinance allows a 42" high fence. Brooks said he would like to have at least a 5' high fence. The property is lower than that of the roadway and would expose the property to view if less than this height. Clarification was given to Goetten regarding the fence location in its relationship to the tree line and right -of -way. Mitchell showed a topographical map of the property. Jabbour asked Gaffron to explain where the existing fence and trees are located. Gaffron said the fence is 4 -8' from the pavement with the trees another 5 -10' or more past that. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #9 - #2295 Conley Brooks Jr. - Continued) Mitchell said the applicant would like the eastern portion of the fence to be in front of the tree line. Goetten asked if trees would have to be removed to place the fence. Brooks said some small scrub trees would be removed but none larger than 6" in diameter. Mitchell said the taller trees would remain and shrubbery added. Robert Floyd said he tried planting hedges but people still trespassed and the hedges were flattened by snowplows. Floyd said parking is a problem and vegetation is trampled requiring continuous repair. Floyd said his fence has also been damaged and believes a low fence would not be an impediment. Jabbour asked Floyd how he would feel about seeing a long 6' high fence along the road by the Arcola Bridge. Floyd said the only property affected by the proposed fence would be the Lowry property. They have thick vegetation and no lake view through that section. He feels there is a need to maintain views along CoRd 15 but not in this application. Jerry McCourtney, 1055 Ferndale, said he has lived in his home for 16 years. While he personally is not present during the winter months, he indicated Mr. Skarp kept a close is watch over the area. He feels a fence would be a detriment to those who attempt to enter the area. He indicated he was a victim of a snowmobile robbery and protection is required. 0 Jabbour informed him that he disagreed. He did not believe a fence would prevent a snowmobile from entering the property elsewhere if so desired. Jabbour thought boulders would be more of a deterrent. Jabbour said he feels Brooks ability to use his property allows him the right to a fence but not for the purpose of eliminating snowmobilers or fish houses from being moved along the area. Jabbour questioned whether the docks are encroaching the right -of -way. Goetten said she prefers to see open spaces. She is concerned with fencing in the City noting only so many precautions can be taken. Flint was informed that the fence height allowed of 3 -1/2' would apply if the fence was located within the Brooks property as well. Any fence outside the 0 -75' is limited to 3- 1/2'. There is nothing allowed in the front yard unless along a County road where 6' fence would be allowed. Jabbour said he would support a 3 -1/2' fence within the right -of -way. I1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #9 - #2295 Conley Brooks Jr. - Continued) Goetten said she would like to see an improved situation and the fence should be located outside of the right -of -way. Peterson agreed. Kelley said he supported the fence behind the vegetation and in the right -of -way. He noted the height of arborvitae could extend beyond the proposed fence height. Flint said he would support the fence in the right -of -way at a 3 -1/2' height. Kelley moved to approve a fence within the right -of -way at a height not to exceed 3 -1/2' at a minimum distance of 12' from the traveled roadway. Motion failed for lack of second. Flint moved, Kelley seconded, to approve a 3 -1/2' high fence located in the right -of -way but not closer than 15' from the traveled roadway. Vote: Ayes 3, Nays 2, Peterson, Goetten. (A short recess was held.) Jabbour noted that the Staff and Planning Commission recommendations differed regarding the garage. Peterson asked Gaffron is there was any practical way the garage could be moved farther • than l' from the right -of -way. Gaffron said it would depend on the wetland separation variance or moving the garage elsewhere; changing the angle would not make any difference. Jabbour asked Brooks if he could accept a 18'x24' garage. Brooks said it would be acceptable. Jabbour said he shared the concern with the location being so near the right -of -way. Kelley said he would support the garage l' from right -of -way and 26' wetland separation. Goetten noted the current garage needs to be eliminated and does not want to see another garage at that location. She said the applicant does not have sufficient acreage for another accessory structure. If the applicant desired to have lakeshore storage, Goetten suggested he consider a lock box that is allowed in the 0 -75' setback. Goetten does not want a garage to infringe on the wetland and her main concern is with the lack of adequate space. LJ 12 ' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 • ( #9 - #2295 Conley Brooks Jr. - Continued) Bob Mitchell suggested the Council was forgetting that the prior owner had a substandard house located across the street with a garage and Brooks has improved the property by eliminating that structure. He indicated these buildings had existed; the land was not vacant. Mitchell noted the proposed garage is located farther from the road. Goetten questioned whether anyone else would be allowed so much building with a remodel application. She noted the existing house had been small. Mitchell responded that the hardcover has decreased while the residence has increased. Goetten acknowledged that noting the applicant was asking for more structure. Mitchell maintained that the garage was existing. Goetten said the garage would be new construction. Brooks said the lock box would not aid in the storage of items unrelated to the lake, such as trailers and snowblower. Jabbour said the conversation taking place was inappropriate to the application at hand and should be concentrated on ordinances and hardship. He noted the property would be considered differently if the building had been eliminated. The request is for structure that would be allowed on larger properties. He noted a garage would not be denied for a residence. Mitchell responded that the issue was not the quantity of the lot but the unusual shape of the lot, its impact on the roadway, and having a swamp to the rear. Jabbour informed Mitchell that this was not a lot but the whole property is considered as the lot. Flint, in noting the previous situation on the property, sees the improvements as beneficial and said he would support the garage as proposed. Jabbour emphasized that the code requires a hardship to be shown. Mitchell indicated the Planning Commission did recommend approval. Robert Floyd said the Ferndale area was not developed like a typical suburban subdivision and should not be viewed as such. He feels the garage would be an asset to the neighborhood and not unusual in this neighborhood. He said while the garage may be out of character elsewhere, the code was not designed for such areas. Jabbour countered that the code takes into consideration that all residences must be in compliance. Kelley referred to the plat map and on -site viewing. He indicated by walking up the driveway of the property, he realized the accessory structure would not be located behind the residence. There is no other location to place the garage behind the principal structure. He saw the question as being whether the residence is entitled to an accessory structure; and if so, where should it be located. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #9 - 42295 Conley Brooks Jr. - Continued) Goetten asked what the hardship would be. Kelley indicated the property itself was the hardship. Jabbour asked if the structure is an accessory structure or a garage. Brooks said it was a storage structure. Jabbour indicated that the storage needs with children would not be provided by a lock box but does not see the hardship required for an additional garage. He questioned whether a 10'x10' structure would be adequate while minimizing the impact. Brooks indicated that at some point of decreasing the structure size, it becomes unusable. He said he is willing to reduce the original 24'x24' size to 24'x18' to accommodate the concerns. He noted the front to front dimension was most sensitive and suggested a change to the side dimension while maintaining some sense of proportion. Flint was informed that the structure was not "grandfathered" in due to it being new construction. Brooks indicated that a small size would result in storing items outside during the winter and feels the size is fair considering the number of people residing in the residence and its size. Jabbour said he understood Brooks rationale but felt more land was required for that to occur. Peterson said she did not disagree with the accessory structure itself but with the setbacks and distance from the roadway. She sees a hardship with the distance between the house and the road. Jabbour said the distance to travel from the lake to the house is a hardship noting the applicant has the right for a riparian use of the lake. Goetten said she felt differently regarding hardship. Jabbour reported that the lakeshore should be able to be used in a reasonable manner and requires somewhere to house such belongings. He thought a structure smaller in size than would accommodate a car should be satisfactory. Brooks said while he does have an extra car that could utilize the space, it would not be necessary. Gaffron noted there is a 50' front setback in this zone. Brooks asked if a 3 or 4' setback from the right -of -way instead of 1' could be accommodated. Jabbour noted there is a 19' envelope between the wetland separation and the roadway. 0 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #9 - #2295 Conley Brooks Jr. - Continued) Jabbour moved, Flint seconded, to approve a 12'x12' accessory structure, located 7' from road and meeting the 26' wetland separation, based on hardship of location of house, configuration of lot, and need for convenient and safe place to provide reasonable use of lakeshore. Brooks noted the size was too small. Mitchell suggested a 26'x16' to maintain square footage. Jabbour noted that would be too small for a car but the garage was to be used for storage anyways. Peterson said storage of a car was not the question involved. Mitchell questioned whether the size of the existing structure at 19'x24' could remain. Jabbour noted the Council was split in its decision. He indicated the need to keep the structure off the road and out of the wetland area. He would approve a 12'x15' structure. Jabbour said he is concerned with setting a precedent. Jabbour amended his motion to include a 12'x15' structure with a 12' depth meeting the 26' wetland separation. Goetten said she would support that motion if the hardship as stated was not included. Jabbour said he believed there was a strong hardship. • Peterson asked Brooks what the minimum size building could be. Brooks said the minimum would be the largest allowed, suggesting 12'x18'. 0 Vote: Ayes 4, Nays 1, Peterson, as she believed a 15'x18' structure should be allowed. ( #10) #2298 CONLEY BROOKS, JR., AND JOHN BROOKS, 980 /905 WEST FERNDALE ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT The applicant and attorney were present. Gaffron reported that the application is a request to detach Lot 13, the peninsula segment, and combine it with Lots A, E, H, and F across the lagoon. The reasoning behind this request is to allow the applicant to have control over the views from his property at 980 West Ferndale. Gaffron showed the relationship between the parcels. The applicant also wants to have control over what happens with the use of this property as it is the most swimmable area and provides extra recreational space. Gaffron noted that if such control is given, there is the possibility that all of the vegetation will be cleared. He noted the Planning Commission recommended approval but with a vote of 4:3. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #10 - #2298 Conley Brooks Jr. - Continued) Gaffron reviewed the number of issues that concern the Staff. He questioned whether the County would allow the recombination across the lake. If not, then a special lot combination would be required that would disallow the lot to be sold separately, as property cannot by Code be divided to create substandard lots. Gaffron said the peninsula portion of 905 Ferndale is not contiguous with the 980 property. The peninsula area was used for hardcover calculations for 905 Ferndale. Approval could set a precedent for such requests for properties located across the lake from each other. The code does not strictly address this issue, but the proposal does not fit with the concept of contiguity and abutment of properties that are basic to zoning practice. Gaffron said there are other options to gain control of this property through the use of easements, but the proposed detachment and recombination is not recommended by Staff. Attorney, Bob Mitchell, noted a letter written to Council. The purpose of the letter is to show that how the land was originally platted and how it is unclear that the land is not contiguous one to another. He indicated the significance shown is that people in the past have purchased government lots without considering the lay of the land. Mitchell said the North Shore Cottage area properties are not necessarily contiguous. Other examples were shown as well. 0 Mitchell said recent maps are more precise in their detail. He indicated the County's half section map shows inconsistencies in how the land was platted and how parcels are not • necessarily contiguous. From this, Mitchell says it is just as logical for this parcel to become part of 905 Ferndale. He noted the higher views for the 905 West Ferndale parcel located on the bluff with the subject peninsula property being low in elevation. Mitchell said the combination would allow for creating stability. He indicated that if the channel is allowed to become filled with silt again, it could create problems for use by the neighbors. Mitchell said he agrees that the case is unusual but is of the opinion that the rearrangement would secure the beach views. He said the applicant is willing to sign an agreement stipulating that no subdivision of the property would occur. Jabbour asked how this would be more effective than stipulation within the deed or covenant. Mitchell indicated that although the property could not be subdivided, the applicant would have to full right to place a covenant over it. The desire to preserve views and ownership would allow this to occur. Future owners may not agree to preserve the views. It was also noted that swimming is not feasible in the lagoon portion. Jabbour said he has strong reservations about granting this request. He questioned how it differs from an outlot. Gaffron reported that the property was platted as a lot for some unknown reason and legally combined with 905 West Ferndale. Kelley questioned 0 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #10 - #2298 Conley Brooks Jr. - Continued) whether a property can be legally subdivided if it is not a suitable building lot. Gaffron said it must be reattached to another parcel. Jabbour said he is concerned with this being a way in which more use is gained of lakeshore. He said the piece of land does not lend itself to riparian use to just anyone but those that live on it. If it is transferred to another property, there would be the ability to gain a dock for every 50' resulting in a large number of docks on the property. Mitchell disagreed with Jabbour but Jabbour emphasized that permission for multiple docks can be issued, and he would not want to see credits given for such use. He gave an example of one parcel being on an island with riparian ownership to land elsewhere. Jabbour said he understands Brooks does not want use of docks by others but he shares Staff s concerns. Goetten noted while the code does not reference detachment, it goes against the Comprehensive Plan. She said she could not support the proposal as it would set a precedent and suggested a view easement be granted. Goetten felt approval of such a proposal would set a bad policy. She noted the property was neither next door nor adjacent. She also is concerned with tree removal which goes against the philosophy of the City. • Flint said he also did not support the proposal. He felt Brooks' concerns could be addressed by an easement. Flint said he would be concerned with setting a precedent. Kelley noted, since the parcel could have to be combined, he agrees with Flint and Goetten. He does not agree with a combination with 980 Ferndale. Kelley said the concerns can be satisfied through the deed. Peterson agreed. Mitchell asked the application be tabled to allow the applicant to determine what can happen. Jabbour said a deed of covenant could be accomplished for a scenic easement without the City's involvement. He said he has a strong feeling against precedent setting. Mitchell said he would still like to table the application in case some type of Council action is required. Kelley moved, Goetten seconded, to table Application #2298. Vote: Ayes 5, Nays 0. (Mayor /Council Report follows Item #24) 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 CITY ADMINISTRATOR'S REPORT • ( #19) COUNTY ROAD 6 TUNNEL AGREEMENT WITH SPRING HILL COUNTRY CLUB Attorney, Tom Crosby, and Project Manager, Tim Johnson, were present. Moorse reported the plans for the Spring Hill Golf Course include a pedestrian underpass under County Road 6 to connect the north and south sections of the golf course. This requires a culvert to be installed under CoRd 6. An agreement is needed between the City and County through which the City agrees to take on responsibility for the maintenance of the culvert. Prior to entering into this agreement, the City wants an agreement through which these responsibilities would be transferred to Spring Hill Golf Course. Moorse reported that City Attorney Barrett has reviewed the Hennepin County agreement. Jabbour reported that a board member of Spring Hill has suggested the City has changed its position on the culvert issue, but the City has worked with Spring Hill on their fast track planning and knew several issues would require resolution. The City approved plans in good faith that these other issues would be able to be worked out in the future. Jabbour said these particular issues have not been dealt with as of yet. • Crosby said there was a technical issue. The agreement between the City and Spring Hill was made to mirror that of the County. The County did not want to own the tunnel but asked that this be owned by the City. Barrett agreed that the County agreement makes that premise and this agreement mirrors it. Gaffron said he would like input from public works regarding ownership by the City. Gappa said if a problem arose, it would be determined that the City is the owner and would have to assess back any costs; so, whether it says the City or Spring Hill is the owner, the County says the City owns it. Kelley asked what gives the County the right to mandate that the City own the culvert. Barrett said it was discretionary, since the tunnel is under a County road, the County can have that say and mandate it by contract. Kelley then verified that the applicant approached the County regarding the tunnel. Crosby said the County informed him they would not own the tunnel. Gaffron questioned who maintains the tunnel noting this responsibility would be assigned to Spring Hill. Jabbour said any costs incurred by the City would be assessed back io Spring Hill. Barrett said the agreement accepts that premise. Crosby noted that the County has retained the right to inspect the tunnel. 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #19 - County Road 6 Tunnel Agreement with Spring Hill Country Club - Continued) Jabbour noted that the only issue for discussion would then be that of public access. Barrett said this issue has not been addressed, and the County does not have any comments regarding it. Jabbour explained the original vision of the trail with two tunnels. The trail committee felt there would be a problem with crossing the road during the winter months and have asked for the use during this off -season time period. They thought there would be a problem with children as well. The committee thought the road could be crossed during the summer months. Crosby reported that technically, the CUP recites what is being done. It says the tunnel is being constructed through a cooperative agreement with the County, akin to getting a building permit, requiring no new decisions to be made. He indicated the discussions on the trail included the trail system without tunnel use. Crosby said if it is determined that the tunnel would be used by the public, which he says he does not have the authority to approve, he would not want this included in the underpass agreement for the successor of Spring Hill Golf Course. He would prefer such public use be by licensing or other means that could be changed for the future. • Crosby said he would like to see a decision made regarding the use of the tunnel and the trail. He would want a free - standing agreement regarding the tunnel use or through licensing if public use is required. 0 Jabbour suggested polling the Council regarding public use of the tunnel. Jabbour said he agreed with the comments made by Crosby except that he feels the City has worked in good faith. He noted the CUP and cooperative agreement were expedited placing the staff under great burden. Jabbour said he felt all situations could be dealt with noting the specifics of the trail were not determined. He said he personally is not bound to seeing the tunnel used by the public. He said Orono has not acted as an agent in the development of Orono, though it has been asked to do so many times. Jabbour said the only cooperative development done has been for the public purpose of providing baseball fields. By signing documents, Jabbour said it creates liability, and he would have a problem disallowing public use because of that. Since it would be public assisted, the citizens should have the benefit of its use. Crosby agreed with Jabbour's comments but saw a distinction of uniqueness regarding this issue in that Spring Hill had been willing to enter into an agreement with the County, who would not allow it to occur. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #19 - County Road 6 Tunnel Agreement with Spring Hill Country Club - Continued) Flint questioned the use of a license and who would do the licensing. Crosby said it could be done by Spring Hill. Flint questioned how that could occur if it was a City tunnel with access owned by Spring Hill. He noted the tunnel extends beyond the right - of -way resulting in a mix of ownership. Flint said he did not necessarily have a strong viewpoint regarding what type of document is used, he would like the decision regarding public use made at this time. He noted the large amount of good will that has gone into the negotiations to allow construction to occur this year. The trail agreement is an example of the use of good will throughout the process. Flint noted the scope of the discussions regarding the tunnel thus far drawing the conclusion that only one tunnel could be built. He feels the tunnel can be used without interference with the design in the winter months. Crosby said it was a matter of use and not design. Flint said a determination would have to be made as to how the tunnel could be reached in the winter. Kelley asked who would maintain the tunnel during the winter months. Flint said the City would have to maintain it during that time period. Jabbour felt plowing would not be effective. It was noted that there is a 80' right -of -way and the tunnel would be 86' in length. Kelley did not feel the City should be involved in this with private property on • both sides of the tunnel. He felt if it was used as public, that portion could be paid for and the benefit to residents could be determined and charged accordingly. Discussion ensued regarding the feasibility of using the tunnel during the winter months noting the difficulty in gaining access to the tunnel during that time and the conditions found within. It was suggested by Kelley that skiers would most likely prefer to take their skis off and walk across the road than use the tunnel. Jabbour felt the City should not have had to become the middle man in this issue as no distinction has been made regarding funding. He said the City embarked on pursuing the tunnel to facilitate the golf club and people have had a vision of using it as part of the over -all plan. Crosby reported that the document regarding the tunnel was in the hands of the County the last two months. He felt it was unlikely that any work would be done on the tunnel this fall. He would like to have the time to finalize the agreement with the County and have the ability to look at the location during the winter months to determine if there would be any practical use of it. He noted the 86' long tunnel would be unlit, which is an unlikely fit for Minnesota winters. Crosby asked that the agreement be delayed for these determinations to be made. s 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 • ( #19 - County Road 6 Tunnel Agreement with Spring Hill Country Club - Continued) Jabbour informed Crosby that the City is not under any obligation to use the tunnel and would only do so if it was practical, noting the distinction between having the right and acting on it. Peterson said she did not feel the trail would be used during the winter months viewing it as a summer time trail. Crosby indicated there would be some policing of the area during the winter. Jabbour asked whether the City should have the right to use the tunnel. Jabbour's opinion was that the public right to use it should be taken but not necessarily used. Peterson agreed with Crosby that a determination should be delayed until more information has been gained from viewing the area over the winter months. Goetten questioned whether the City can wait to sign the agreement. She said she would not approve the agreement without the decision made regarding the use of the tunnel. Jabbour reported that Staff needs direction from the Council and a clear view of the Council's thoughts regarding the issue. • Crosby said the work would not be performed until spring, but he would like to have the issues solved over the winter so work can begin immediately in the spring. Jabbour said he thought the grading was to be done this fall. Tim Johnson said the cart path has to be installed anyway. Crosby said the preparation work and grading could be accomplished now. n Jabbour asked that the golf course board be notified of the poll taken of the Council; namely, three were in favor of the future public right to use the tunnel; one opposed public use; and one wanted to make that determination after viewing the property over the winter months. Flint reported that the grading of a trail to the tunnel would be very important as it would require a gradual descent. He noted, however, that the design would have to be carefully done to prevent people using the trail from entering into the golf course. Crosby reiterated that if the Council determines they desire public use, he would like the agreement separate from the tunnel agreement. Jabbour asked Crosby to work through the legalities with Barrett. Barrett noted that the County owns the land, and it should be verified that the County is indifferent to what decision is made. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #19 - County Road 6 Tunnel Agreement with Spring Hill Country Club - Continued) • Kelley said he would also like it determined if the County would have any liability beyond its normal limits. Crosby said he would like to ensure the use by members as well as others. Barrett indicated negotiations would have to be conducted with Spring Hill. Jabbour moved, Goetten seconded, to table the agreement as presented. Vote: Ayes 5, Nays 0. Tim Johnson reported that the earth moving work has been completed and all heavy equipment is off site. He reported having saved large wooded areas on the north and south. Jabbour asked that percentages of remaining trees be provided to the City. Johnson said 350 trees were moved off -site and have been returned with about a 98% survival rate this fall. Another 300 newly purchased trees were moved this fall. Shaping, irrigation, and small equipment work is currently underway as well as watering and mulching. Jabbour thanked Johnson's staff for their enormous cooperation in this project. Flint said, while the trail is not yet constructed, he has walked the area, and feels the cooperative effort will result in a good concept. • Gaffron also noted the win/win situation regarding the excavation of a stormwater pond by MCWD at a site one mile west of the golf course, with the black dirt excavated being transported to the golf course for its use. Jabbour emphasized the need for wetland credits. Johnson said they are well above the mitigation ratios noting a couple wetlands areas have been saved from being filled. ( #20) COUNTY ROAD 6 TUNNEL AGREEMENT WITH HENNEPIN COUNTY Jabbour moved, Goetten seconded, to table the agreement. Vote: Ayes 5, Nays 0. 0 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #24) PROPOSAL RE: DISPOSITION OF TAX - FORFEITED PROPERTY (1960 SHORELINE DRIVE) Mr. Crear was present. He indicated his intent is to remove the building on the property and plant trees. He informed Jabbour when asked about receiving an indemnity that the County has agreed to disassociate him with the conditions found on the property. Crear said the County is requesting a letter from the City showing their support of Crear's plans. Jabbour noted that it will cost Crear about $10,000 for these improvements, and he appreciates his efforts. Crear said the County will probably perform the cleaning of any contaminants but won't be done until spring. It was noted that the City will need to inform the County in the letter that they support Mr. Crear's proposal. A resolution will be required to release the property for sale to the adjacent property owner, which will note that the property cannot be used for commercial use or anything other than residential. Jabbour moved, Peterson seconded, to direct Moorse to send a letter to the County showing the City's support for the proposal, noting there is no public use for the property, and draft a resolution that includes Staff s concerns for signature by Council. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT • Jabbour reported the Council will be discussing the park dedication ordinance at an upcoming work session as they feel the park funding plan is inappropriate for the future. Jabbour said there will be a more extensive park plan. E Jabbour said the Park Commission has recommended renting ice time at the ice arena in lieu of maintaining two of the outdoor ice rinks over the winter months. There were three rinks previously flooded, and the current plan for this winter calls for flooding at Casco only. Jabbour said the City's philosophy is to require a users fee. It would be difficult to provide the free ice time without subsidizing other activities. Jabbour suggested a $1 fee be charged to skaters by the ice arena and credited to the City. Kelley said he was against the use of ice time at the arena. He stated he understood the rationale for closing Hackberry, especially with the ice rink available nearby in Long Lake. A rink can be provided by Antoine by clearing off the lake. Kelley noted that there is open skating at the Pond Arena from 2 -4:30 at no charge. He questioned whether the people in the neighborhoods where outdoors rinks had been would use the Jabbour asked if the Pond Arena received a subsidy. Kelley said it was built with private funding and free skating is provided as a stipulation of the donation. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 (Mayor /Council Report - Continued) Jabbour indicated that the ice arena had planned on having open skating periods. Flint said the history of the outdoor rinks in the City has been less than successful due to poor ice conditions from lack of good water pressure, equipment, and sufficient personnel. The only outdoor rink will be at Casco in a densely populated area. This rink has received alot of use. Goetten suggested reviewing the use of the ice time provided by the arena. An outdoor rink at Crystal Bay Park was suggested but is not an option for this year. Kelley suggested rinks be established on the lake. Van Erickson said this had been discussed. Parking would be a problem for a rink near Bederwood on Stubbs Bay and there are concerns about open water at the DNR Maxell Bay access. Peterson said she did not support providing free ice time at the arena. Flint was of the opinion that a user fee should be charged. Erickson said the Park Commission recommended providing this ice time as a public service. Jabbour said he does not view it as showing support for an organization but support of a sport. He feels the City must be consistent with other sports if the ice time is provided. Kelley reported that more ice time was being made available this year. Kelley questioned the fence along the Old Crystal Bay Road trail. Gappa informed him the fence was built as part of an agreement with a private property owner. It was noted that the fence will have to be maintained by the City. Kelley asked about a fence on the south side of Willow by Dickey Woods. Gaffron said the fence is located in the rear yard of a thru lot where a 50' setback is required. A fence over 3.5' requires a CUP. Jabbour asked Staff to review the matter. Jabbour said the City Staff was recognized for their work in aiding the development of the plans for the ice arena at the grand opening. 0 24 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ENGINEER REPORT ( #11) CHANGE ORDER NO.6 - NORTH LONG LAKE SANITARY SEWER PROJECT Goetten questioned the expenses for the retaining wall. Gappa explained the type and length of the wall. Cook said it was intended to maintain the vegetation but too much had to be eliminated requiring the wall construction. Flint suggested other more attractive options be considered. Cook said timber was the other option, but does not have the same stability and life expectancy. Kelley asked how much contingency funds are included in the project cost. Cook said they were at about 3% of the total project cost. Goetten moved, Kelley seconded, to approve Change Order No. 6, North Long Lake/Long Lake Country Club Sanitary Sewer project, in the amount of $9,200.00. Vote: Ayes 5, Nays 0. ( #12) CHANGE ORDER NO.7 - NORTH LONG LAKE SANITARY SEWER PROJECT . Goetten asked for a breakdown of the costs involved. Cook explained that the regrading and paving of Long Lake Boulevard was about $7,000; paving of Dakota Avenue driveway, easement, and tree trimming cost about $2,500, the lift station was $1,000, and the paving of CoRd 19 and Tonkaview Lane intersection was $2,000. Peterson moved, Kelley seconded, to approve Change Order No. 7, North Long Lake/Long Lake Country Club Sanitary Sewer project, in the amount of $12,522.00. Vote: Ayes 5, Nays 0. ( * #13) REQUEST FOR PAYMENT NO.4 - NORTH LONG LAKE SANITARY SEWER PROJECT Goetten moved, Flint seconded, to approve Request for Payment No. 4, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $65,025.79. Vote: Ayes 5, Nays 0. ( * #14) REQUEST FOR PAYMENT NO.2 - BAY RIDGE/BRACKETTS POINT SANITARY SEWER PROJECT Goetten moved, Flint seconded, to approve Request for Payment No. 2, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $167,485.24. Vote: Ayes 5, nays 0. 25 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( * #15) RESOLUTION NO. 3979 AUTHORIZING PREPARATION OF PLANS AND SPECS FOR THE NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT Goetten moved, Flint seconded, to approve Resolution No. 3979 ordering preparation of plans and specifications by the City Engineer for rehabilitation of the Navarre Water Treatment Plant. Vote: Ayes 5, Nays 0. ( #16) SPEED STUDY COUNTY ROAD 6 - RESOLUTION NO. 3980 Goetten said she was appalled by this request for a speed study of CoRd 6 with an approximate traffic volume of 8,000 vehicles per day. She noted she was unable to obtain the same study for CoRd 15 which has 20,000 vehicles travelling it daily. Jabbour questioned whether the speed study. could result in a higher limit. He was informed by Gappa that the speed limit is at the maximum and could only go down. Flint moved, Jabbour seconded, to approve Resolution No. 3980 requesting that Hennepin County initiate a speed study on County Road 6 from T.H. 12 to the Orono eastern city limits. Vote: Ayes 4, Nays 1, Goetten. (Item #17 at end of agenda.) . ( * #18) REQUEST FOR PAYMENT NO.2 - GOLF COURSE IRRIGATION SYSTEM PROJECT Goetten moved, Flint seconded, to approve Request for Payment #2, Golf Course Irrigation System Project to Evergreen Sprinkler Company in the amount of $46,085.79. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT (CONTINUED) ( * #21) JOHN AND DIANE MARESH, 2085 COUNTY ROAD 6 - NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER CONNECTION - RESOLUTION NO. 3981 Goetten moved, Flint seconded, to adopt Resolution No. 3981 approving the provision of sewer to the John Maresh property at 1085 Sixth Avenue North, subject to legal combination of the two tax parcels and a single unit assessment in the amount of $19,083. Vote: Ayes 5, Nays 0. 0 26 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( * #22) GEORGE JOHNSON, 879 BROWN ROAD NORTH - NORTH LONG • LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER CONNECTION - RESOLUTION NO. 3982 Goetten moved, Flint seconded, to adopt Resolution No. 3982 approving the provision of sewer to the George Johnson property at 879 Brown Road North, subject to the property being assessed for the sewer service in the amount of $13,950.00. Vote: Ayes 5, Nays 0. ( * #23) TROY AND CATHERINE ANDERSON, 1490 LONG LAKE BOULEVARD - EXCLUSION FROM NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT Goetten moved, Flint seconded, to table action regarding the exclusion of the Anderson property at 1490 Long Lake Boulevard from the North Long Lake/Long Lake Country Club Addition Sewer Project on the condition that mediation be held before the end of October, 1997. Vote: Ayes 5, Nays 0. (Item #24 previously presented after item #20.) ( #25) SELECT DATE AND TIME FOR JOINT COUNCIL AND PLANNING COMMISSION MEETING • Jabbour suggested the Planning Commission schedule two meetings a month to eliminate the sense of urgency felt by applicants and lessen the burden of Staff with the amount of applications presented at each monthly meeting. He noted many applications are being reviewed by Planning Commission and Council before all the information is ready to be presented. He suggested the Council consider allowing administrative variances for such projects as dirt movement. 0 Gaffron voiced concern with having more deadlines added to the schedule but agreed that there are problems with the length of the meetings and having incomplete applications. Goetten said the time each application takes is of great concern. She felt it would be a positive move to have the process opened up more for the residents. Goetten thought there may be a need to hire another planning person to aid this process. Gaffron agreed that the staff is lacking adequate time to review each application. Kelley asked if the issues of concern were being addressed in a timely manner at the meetings. Jabbour said the issues were being addressed but there was the possibility of missing what the issues really are with inadequate planning. 27 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #25 - Joint Council and Planning Commission Meeting - Continued) Jabbour said it is important for Staff to be participating in the review and acting as a partner in the process before it is reviewed by the Planning Commission. Gaffron said the Planning Commission has not always been comfortable with the Staff having a strong opinion on applications. He acknowledged that the applications should be complete. Gaffron indicated there is a problem with hardcover calculations and the need to recheck what is being submitted by surveyors. Jabbour asked that Staff determine what their opinion is regarding two meetings a month. A work session was scheduled for two possible dates: October 28 at 7:00 p.m. or October 27 at 8:00 a.m. ( #26) SELECT DATE AND TIME FOR COUNCIL WORK SESSION A work session was scheduled for Friday, October 17 at 8:00 a.m. or Monday, October 21 at 8:00 a.m. ( #27) SCHEDULING OF A MEETING TO CONSIDER THE ISSUE OF INTERNAL TRAILS IN OLD CRYSTAL BAY ROAD ADDITION , Moorse asked that closure be brought to the issue of internal trails in the Old Crystal Bay Road Addition. Easements were granted but the trails were never installed. A number of residents have voiced their opinion that the trail plan be eliminated. Jabbour questioned the importance of these trails. He questioned if the City should receive compensation for the trails if they are not constructed. Gappa indicated the City has a $15,000 letter of credit from the developer. It was determined that no park dedication had been received from these trails. Kelley was of the opinion that the trails should be abandoned. Moorse indicated that the trails were not initiated by the City but thought to be an amenity by the original developer and then later dropped. Jabbour said the cul -de -sac and through street should be addressed at the same time as the trail. Kelley agreed. Moorse said it is Staff s opinion that no cul -de -sac be constructed but the right -of -way be maintained for possible future use. Jabbour said if the City wants the road to become public someday, then the road should go through. Jabbour asked for comments from the Park Commission. • 28 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 • ( #27 - Old Crystal Bay Road Addition Internal Trails - Continued) Flint said he never thought the internal trails would be of much benefit to the people in the subdivision. He felt if the residents requested the trails be constructed, they could initiate it. Moorse noted that the Council had previously considered the trails and the developer had neighbors come and voice their opinions. The residents were not in favor of the trail but no decision was made at that time. Jabbour said a determination should be made as the letter of credit needs to be dealt with. Flint said the developer had suggested the trails were mishandled by the City. He noted the trails on West Old Crystal Bay Road were handled by the homeowners association and created no controversy. He saw this as a positive avenue to take regarding trails. Kelley suggested the letter of credit be released and let the residents petition for the trail if they see fit. Goetten felt the residents should be answered since they asked the City to make a determination. • Jabbour suggested the issue be on the next Council agenda. • Kelley asked Staff to determine who the homeowners association president is and ask if the homeowners would like to petition for the trails. Goetten asked if there was any monetary recourse. She was informed that it would depend on whether there is value to the trails. Jabbour said he would like to hear from the neighbors. Flint said he did not believe the concern expressed about more people being attracted to the neighborhood by a trail. Flint said this issue is a lesson to be learned that trails should be installed when the subdivision is developed. The internal trails issue will be placed on the next Council agenda. 29 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #28) PROSECUTION SERVICES Goetten and Peterson voiced approval with the proposal for prosecution services. Flint suggested looking into the possibility of working with private law firms allowing experience to be gained in litigation by newer attorneys and saving the City money at the same time. Barrett felt there would be a difference in the quality of work received noting the difference in litigation cases between the City of Minneapolis who used this procedure and the City of Orono. Moorse informed Jabbour that the other cities using this attorney were satisfied with the services received. Goetten moved, Peterson seconded, to approve the proposal from Kenneth N. Potts for prosecution services at the cost of $27,500 for 1998, to direct staff to draft an agreement setting out the terms and conditions of the provision of prosecution services, and to authorize the Mayor and City Administrator to sign the agreement. Vote: Ayes 5, Nays 0. ( #29) PROPOSAL FOR AUDIO EQUIPMENT FOR COUNCIL CHAMBERS Jabbour said he did not feel there was a need for audio equipment in the Council chambers. • Flint acknowledged there is a problem with hearing. Goetten said hearing from the back of the room is difficult but does not wish to spend the money at this time. Moorse said he has received feedback from Planning Commission meetings, especially when there are a number of people in attendance for a public hearing. Gaffron concurred. Kelley said he agreed with Goetten regarding not wanting to spend the money for the equipment. A couple different options were suggested for equipment. Moorse said some of the items could be eliminated but saw the need for an assisted listening device. Jabbour said a remedy should be found if complaints have been received. Peterson moved, Flint seconded, to approve the proposal from Minnetonka Sound and Lighting for a sound system in the Council Chambers at a cost of $7,321.00 to be C� 30 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #29 - Proposal For Audio Equipment For Council Chambers - Continued) • funded, including a budget amendment, from the Building Fund. Vote: Ayes 3, Nays 2, Kelley, Goetten. ( #30) WETLAND ELEMENT OF STORMWATER PLAN Moorse reported that it was originally planned that Staff would aid in the classification and inventory of wetlands for the stormwater management plan. This has not occurred due to the heavy work load of the planning department. This has resulted in holding up the collection of this information, and the information is important in order to move forward with the plan. Moorse suggested that Bonestroo complete the inventory at an estimated cost of about $15,000. The work must be completed within the next month in order to view the bare ground and vegetation. Goetten asked if this is approved and it is determined that the work cannot be done this fall that the issue of taking inventory can be revisited in the spring. Moorse said yes. He noted that the priority wetlands need to be identified in order to proceed. Flint supported the proposal. • Jabbour also supported it and asked that a meeting be scheduled with the Watershed District. Jabbour asked if Staff reviews whether the costs provided by Bonestroo are competitive. Moorse said this is done informally by comparing costs with other cities, but not formally through an RFP process. Jabbour noted that the use of local people who know the policies and the City enable the City to be proactive. He informed Cook that he was satisfied with the performance of Bonestroo but is required to do due diligence. Cook responded that they compare their rates with other firms, and acknowledged the need to remain competitive. Jabbour moved, Kelley seconded, to authorize Bonestroo and Associates to conduct a wetland inventory and classification process to be completed this fall; and to direct staff to work with Bonestroo to keep the costs as low as possible but in no case to exceed $20,000. The motion authorizes the wetland inventory and classification costs to be funded from the Permanent Improvement Revolving Fund Stormwater Account. Vote: Ayes 5, Nays 0. 0 31 MINUTES OF THE REGULAR ORONO CITY COUNCIL ' MEETING HELD ON OCTOBER 13, 1997 ( #30 - Wetland Element Of Stormwater Plan - Continued) Kelley received verification from Moorse that there will be a surplus in the General Fund this year. ( * #31) EMPLOYMENT OF ACCOUNTANT/MANAGEMENT ANALYST Goetten moved, Flint seconded, to appoint Ron Olson to the Accountant/Management Analyst position effective October 27, 1997 at a starting salary of $36,500.00. Vote: Ayes 5, Nays 0. ( * #32) HIRING OF PART -TIME POLICE OFFICER - RESOLUTION NO. 3983 Goetten moved, Flint seconded, to appoint Steven Allen McNally to the position of part- time police officer, effective October 13, 1997 at a starting salary of $11.89 hourly; and to adopt Resolution No. 3983 establishing the eligibility of the position for coverage by the State Public Employee Retirement Fund for police officers. Vote: Ayes 5, Nays 0. ( * #33) SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENTS - NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION - RESOLUTIONS NO. 3984 AND 3985 Goetten moved, Flint seconded, to adopt Resolution No. 3984 deferring the special • assessments for Charles Edward Truman, 1570 Long Lake Boulevard and Resolution No. 3985 deferring the special assessments for Ardis Joan Severtson, 1586 Long Lake Boulevard in the North Long Lake/Long Lake Country Club Addition sewer project. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #34) LICENSES There were no licenses. ( * #35) BILLS Goetten moved, Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. is 32 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ADJOURNMENT Goetten moved, Peterson seconded to adjourn. Vote: Ayes 5, Nays 0. Goetten moved, Jabbour seconded, to reconvene. Vote: Ayes 5, Nays 0. ( #17) COUNTY ROAD 15 PROJECT - INITIAL PAYMENT Kelley inquired about the prepaid cost. Moorse said this amount is in accordance with the estimate and part of the agreement. Jabbour moved, Peterson seconded, to approve payment of the invoice from Henepin County for the City's share of construction, engineering and MCWD contribution costs for the County Road 15 Reconstruction Project in the amount of $52,302.28, to be funded from the MSA fund. Vote: Ayes 4, Nays 1, Goettten. ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn at 11:55 p.m. Vote: Ayes 5, Nays 0. ATTEST: 33