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HomeMy WebLinkAbout06-24-1996 Council Minuteslip ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 24, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward Callahan, Jr., Council Members Gabriel Jabbour, JoEllen Hurr, and J. Diann Goetten. Council Member Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, City Engineer Glenn Cook, Public Works Director John Gerhardson, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #4, 5, 6, 7, and 8 were added to the Consent Agenda. Goetten moved, Hurr seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JUNE 10, 1996 Goetten moved, Hun seconded, to approve the Minutes of the Regular City Council • Meeting of June 10, 1996. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS Sandra Smith was present and had no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #3) #2138 JOAN & WILLIAM WROBLEWSKI, 630 PARK LANE - VARIANCES - RESOLUTION #3732 Joan Wroblewski was present. • 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( #3 - #2138 Joan & William Wroblewski - Continued) Gaffron reported that the proposal for enclosing a 4'x23' concrete and block expansion of the 6'x23' porch with screen requires front setback, lot coverage, and hardcover variances. Hardcover of 44.4% in the 75'250' zone remains the same, but lot coverage by structure increases from 26.8% to 27.7 %. A 1.8' front setback variance would be required at a 33.2' setback rather than 35' for the addition. The slab was approved 5 years ago. The applicant, at that time, said there were no plans to enclose the slab. There were no public comments. Wroblewski informed the Council members that they had no other place on which to enjoy the view of the lake except on the patio. The screening would accomplish mosquito control without additional hardcover. Hun questioned how the zoning code would treat a screen porch differently than an addition enclosed with glass. Gaffron concurred that the condition of the resolution limiting this enclosure to a screen porch was hard to control. Hun recommended eliminating the condition. At V is Jabbour said he was in favor of screening. He informed the applicant that no additional hardcover would be permitted. Jabbour said he would be concerned if the screened porch would become a part of the house and another screened porch would be requested • in the future. Discussion revolved around the idea of screening and the porch becoming a future addition of the house. Hun did not see the need for screening as a hardship. Hurr also was not in favor of tying the hands of another owner with conditions of denial of future applications. She does not want to see any additional structure, however, at a future date. Jabbour asked that the record show the approval of this application would become the end of the building envelope. Callahan reminded Council that the Planning Commission had denied another application due to a past condition placed on a resolution by another Commission asking that no further structure be allowed. Hurr moved, Jabbour seconded, to adopt Resolution #3732 granting hardcover, front setback, and lot coverage variances to Joan and William Wroblewski of 630 Park Lane for enclosure of the existing concrete slab porch. The motion included dropping the condition for limiting it to screening only, but resolution shall include an advisory that the property has reached its limit of lot coverage by structure. Vote: Ayes 4, Nays 0. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( * #4) #2140 TROY ANDERSON, 1490 LONG LAKE BOULEVARD - • VARIANCES - RESOLUTION #3733 Goetten moved, Hun seconded, to approve Resolution #3733. Vote: Ayes 4, Nays 0. ( * #5) #2141 ROBERTA J. ROTH, 1251 BRIAR STREET - VARIANCES - RESOLUTION #3734 Goetten moved, Hurr seconded, to approve Resolution #3734. Vote: Ayes 4, Nays 0. ( *#6) #2143 DIANE PEREZ, 3465 EASTLAKE STREET - VARIANCES - RESOLUTION #3735 Goetten moved, Hurr seconded, to approve Resolution #3735, granting hardcover and setback variance for Diane Perez at 3465 Eastlake Street for reconstruction of the roof on 8'x9' portion of the existing residence. Vote: Ayes 4, Nays 0. ( * #7) #2144 ARTHUR & TERRY JEWETT, 3546 IVY PLACE - VARIANCES - RESOLUTION #3736 Goetten moved, Hurr seconded, to adopt Resolution #3736. Vote: Ayes 4, Nays 0. • ( * #8) #2145 DONALD & ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH - VARIANCES - RESOLUTION #3737 • Goetten moved, Hurr seconded, to adopt Resolution #3737, granting side setback, lakeshore setback and average lakeshore setback variances to Donald and Robin Helgager of 3265 6th Avenue North to allow the construction of an attached garage and additions to the existing residence structure. Vote: Ayes 4, Nays 0. ( #9) #2107 JOHN O'SULLIVAN - REQUEST FOR DRAINAGE EASEMENT OVER NAVARRE LANE The applicant was present. Mabusth reported that the request was for approval of a drainage easement over unvacated Navarre Lane. The vacation of 33' Navarre Lane was completed adjacent to the O'Sullivan/Smith project. The Council had previously decided not to vacate the remainder of the right -of -way. Drainage tiles will be installed in right -of -way to take the runoff to the church property and then to the wetlands. It was noted that a conservation easement was taken over on the wetlands within Outlot C of Lafayette Ridge by the City. The title company has asked for a drainage easement from the City in completing the title work. Mabusth said the granting of the easement will have no impact on a future bike trail. 3 4 r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( #9 - #2107 John O'Sullivan - Continued) Hurr q City FF uestioned how the Ci could approve a drainage easement allowing runoff to • drain to a neighboring property. She also asked that any cost in realignment be paid by the applicant. Hurr cited an example of the easement to Lafayette Ridge neighborhood but noting it still was owned by the association. This drainage in question would travel to property not owned by the City or the applicant. Jabbour asked if the City did not own the wetland area at Lafayette Ridge. Mabusth said the land was in tax forfeiture but was working with the association to regain the property. The City has an easement over that wetland area. Barrett opined that the law allows runoff to travel downhill onto property owned by others. Callahan added that any runoff would have traveled naturally downhill due to the topography of the area. Jabbour agreed that even on the existing blacktop, the runoff travels the way of the proposed drainage easement and was of the opinion that a drainage easement was not necessary. When asked why the drainage easement was needed, O'Sullivan responded that he was in favor of having the runoff travel its natural course. He noted the compliance of the holding pond requirement to move drainage from his property to the church property. • O'Sullivan said their loan was set for closing on Thursday, June 27, and the title company was requiring the easement; permission from the City was not to the title company's satisfaction. Callahan noted there was a drainage easement to the retention pond. Mabusth said that was required as the City wanted the runoff treated before it entered the wetland. Jabbour commented that as part of the vacation, the pond was required. Both sides of the street were vacated and now there is this current request. O'Sullivan said it was not his suggestion to construct the retention pond but a requirement of the City. He noted the escalation of the cost due to the retention pond. Callahan clarified the issues noting the drainage easement required for runoff to travel to the pond, and the question by Hurr regarding runoff traveling over private property. Mabusth responded that all of the runoff now goes to the wetland, and the pond will create a better situation with treatment of the runoff prior to entering the wetland area. Mabusth also noted the treatment of the runoff is required by code. Barrett said the granting of the easement is a reasonable use of property upstream, and the applicant's method is reasonable. Hurr asked that it is then okay that anyone uphill can have water run downhill. Barrett said that is how the property law is written in Minnesota. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( #9 - #2107 John O'Sullivan - Continued) • Jabbour did note that the velocity of the runoff can be controlled. Mabusth noted that the rate must remain the same as it was in the undeveloped stage. Callahan moved, Hurr seconded, to approve the granting of the Drainage Easement to Voyageur Service Centers, Inc., and to direct the Mayor and Clerk to execute the Drainage Easement with the condition that the applicant was obligated to repair and pay the cost for any repairs within the easement. Cook noted the sewer and water lines now in place. Vote: Ayes 4, Nays 0. ( #10) REFERRAL OF DEVELOPMENT PROPOSAL TO THE PLANNING COMMISSION FOR SKETCH PLAN REVIEW FOR PROPERTY LOCATED AT 2380 SHADYWOOD ROAD Mabusth asked for direction from the Council to refer a development proposal by John O'Sullivan of the church property to the Planning Commission for sketch plan review. Callahan questioned why this was being done. Mabusth and Moorse both said when major applications are made, Staff would like to make the Council aware of such proposals and answer any major questions. This particular proposal would involve rezoning. • Hurr noted that an applicant has the legal right to make such an application. Mabusth agreed. Mabusth informed the Council that the applicant has sent letters out to the neighboring property owners regarding informational meetings Wednesday and Thursday of this week on the proposal. The Planning Commission and Council are invited to attend. Jabbour said information can be sent in the information packets when such proposed development involves major policy changes. Jabbour continued that the code allows the right of applicants to make application, and he would not want to affect that process. The failing condition of the church property was noted. Hurr asked if O'Sullivan owned equipment being stored on the site. O'Sullivan said it belonged to someone else. O'Sullivan said he would have site plans at the information meetings. He said he has distributed flyers about the meetings to a 3 -block radius and is going door to door speaking with business owners in the area regarding the proposed development. MAYOR/COUNCIL REPORT Jabbour reported his concern for the citizens located along the southern bypass alternative of the proposed Hwy 12 upgrade and what he sees as indifference. Jabbour • would like to inform the citizens of what is occurring regarding this issue to clarify it. MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JUNE 24, 1996 (Mayor /Council Report - Continued) • Moorse was asked how the closure of Old Beach Road between CoRds 19 and 15 has worked out. Moorse said the results have been good. Hun said residents still speak of a left turn lane proposal at County 15 and Old Beach Road. Callahan said the location of such a turn lane was in the jurisdiction of Minnetonka Beach. It was suggested that the City residents be updated regarding the City's efforts concerning the Highway 12 corridor selection process. Callahan said the position of the City regarding the Highway 12 corridor is simple and has been unchanging, with preference for an upgrade of the road as it exists and prevention of the highway going elsewhere. Goetten said she was concerned that some people were not aware of the issues involved. Council agreed that the citizens should be aware of the political support by the Council and their monitoring of the situation. Moorse said he informs those who inquire that Mn/DOT is leaning towards an alternate 6 solution with potential consideration of a southern bypass alternative. Jabbour said the last discussions included a southern bypass route, which would trigger an EIS. Moorse agreed that was his understanding of Mn/DOT's inclination. Jabbour noted that prior to the school meeting on the issue, this position was not the inclination of • Mn/DOT. Callahan asked Staff to consider the need, joint use and cost of hiring a fire marshal. ENGINEER REPORT Cook reported that the sewer metering has been completed but the flow information has not yet been received. The contractor has not released the information to Long Lake. Long Lake will inform the City of the raw data when it is received. Cook said the Kelly Avenue project is progressing. The sewer repair work should be completed in about two weeks. CITY ADMINISTRATOR'S REPORT ( #11) RECODIFICATION CONTRACT Hurr moved, Goetten seconded, to approve the contract with Municipal Code Corporation for recodification of the City's ordinances at a cost of $13,500 and to authorize the Mayor to sign the contract. Vote: Ayes 4, Nays 0. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 • ( #11 Recodification Contract - Continued) Callahan asked if this contract would provide updated code books, or if this would be an additional cost. Moorse said the contract allows the hiring of a consultant to review and update the code. The contract also includes the provision of 75 copies of the updated code book. ( #12) MAXWELL BAY ACCESS - COUNTY ROAD 51/135 IMPROVEMENTS - RESOLUTION #3738 Moorse informed the Council that the information regarding the roadway improvements was related to the Maxwell Bay access. Because Hennepin County is involved, a resolution is required from the City. Impacted neighbors were notified of the project. Gaffron said the four neighbors impacted by the improvements had questions but no problem with the project. The improvement will be located in the right -of -way but still have some impact on these neighbors. Hurr questioned the state aid portion of the funding. Cook said the state aid was that allowed to the County. Hun asked that it be made clear that no costs are incurred by the City for this project. • Hurr moved, Goetten seconded, to adopt Resolution 93738, approving plans for turn lane and by -pass lane improvements at the intersection of CSAH 51 and CSAH 135 in conjunction with construction of the Maxwell Bay access at no cost to the City including no easement costs. Callahan asked if a public hearing was necessary. Gaffron said the public hearing was held in conjunction with the review of the access. Vote: Ayes 4, Nays 0. • ( #13) HANDICAPPED ACCESSIBLE PLAY GROUND EQUIPMENT - CRYSTAL BAY PARK Moorse reported that the handicap accessible equipment installation with ramp and sidewalk is the last item relating to the playground equipment at Crystal Bay Park. The handicap accessible play equipment will cost $3,759, and the ramp and sidewalk completion will cost $1,164. Callahan questioned the safety of a concrete base. Moorse said the concrete base is the foundation on which the rubberized material is placed. The rubberized material meets ADA code. Without the cement base, the rubberized material would become unstable. Gerhardson noted that this material also allows for wheelchair access and fall absorption. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( 913 - Handicapped Accessible Play Ground Equipment at Crystal Bay Park - Continued) • Hurr asked if a sign is part of the ADA requirement. Gerhardson will check into this matter. Gerhardson noted that the swing used for handicap access is not used by the general public. Hun moved, Goetten seconded, to approve the purchase and installation of handicap accessible play equipment at Crystal Bay Park at a cost of $3,759, to be paid from the Park Fund, and to approve a budget adjustment to reflect the expenditure. This motion also authorizes the use of the $1,164 of savings from the landscaping and fencing project to purchase materials required to install a concrete ramp and complete the sidewalk. Vote: Ayes 4, Nays 0. ( #14) PURCHASE OF SPEED CONTROL RADAR TRAILER Moorse reported that the request is to purchase a speed control radar trailer to raise the consciousness of drivers to the speeds being driven. The purchase was initiated by contract cities. It was originally budgeted for 1997, but the contract cities requested the purchase be moved up. It was noted that these cities will pay their share of the cost. Hurr said she supports the purchase but asked where the trailer would be used noting she noticed prior use to be mainly within the contract cities. Moorse said the trailer wil be used in Orono for a significant portion of the available time, as well as in the contract • cities. Goetten asked that the trailer be placed on CoRd 15 voicing a major concern over the speed and safety on that roadway. Hurr moved, Jabbour seconded, to approve the purchase of a radar trailer at a cost of $13,980 and to authorize an expenditure of $2,800 of Police Forfeiture Funds and $7,000 from the Contingency Account as the City's share of the trailer, and to adjust the 1996 budget to reflect these expenditures. The balance of $4,180 is funded by the contract cities. Vote: Ayes 4, Nays 0. ( #15) OLD CRYSTAL BAY ROAD TRAIL UPDATE Moorse reported that Doug Bryant of Hennepin Parks has proposed that Hennepin Parks construct the trail from Old Crystal Bay Road along CoRd 6 and into Baker Park. Bryant was said to be willing to potentially participate in the construction of the remainder of the trail but that would require a formal agreement. Moorse said he sent a letter agreeing to this proposal to Bryant as it was consistent with Council's decision to go forward with the trail construction. The City is currently proceeding with its portion of the trail. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 • ( #15 - Old Crystal Bay Road Trail Update - Continued) Park Commissioner McMillan asked if a more in -depth study of the maintenance issue was required regarding whether the City or the County would be maintaining the trail. Moorse said this was not necessary at this time. ( #16) SAGA HILL PARK LAND ACQUISITION Moorse presented the Council with an update on the Saga Hill Park Land acquisition and a list of items to finalize the acquisition. Moorse said the City is going ahead with the acquisition of the 9.5 acre tax forfeit parcel. The 11+ acre property owned by Midway Bank is set for acquisition with the grant received and sufficient level of contributions obtained by the Saga Hill group. The closing for the bank property is being readied. Callahan asked if the tax forfeit parcel was not 9 -1/2 acres. Moorse said it was but the 1/2 acre would to reconveyed to the Valek's. Callahan clarified that an easement to the park land was required before the conveyance would occur. Moorse said the City would acquire the 9 -1/2 acres and then can do what they wish with it. The 1/2 acre will be purchased by the City. Moorse reported that the Saga Hill group was working with the City and the Minnesota Land Trust in providing assistance with the purchase and with the grant. The purchase • agreement itself is in the name of the Minnesota Land Trust. At the time of closing, the land will be assigned to the City. In discussing the bank land with the Minnesota Land Trust, Moorse said they are requesting a conservation easement on the I 1 acres in order to gain some level of comfort on its use in the future. Moorse said the City may wish to retain some flexibility on the uses of the property and asked for guidance from the Council. Moorse informed Hurr that the DNR grant was for $50,000 with $95,000 raised by the Saga Hill group for the purchase price of $145,000. Callahan asked when the $50,000 will be obtained. Moorse said it would be after the closing. Hun asked if the $95,000 was in the City's name. Moorse said he thought the funds were in the name of the Minnesota Land Trust as the non -profit organization. Patti Affeldt of Saga Hill group said that was her understanding. Hurr said this information would need to be clarified before any commitment was made. Moorse said the funds would be necessary for the closing. Hurr said any restrictions on the park land would be unacceptable. Goetten added that no specific use restrictions be placed on the 9 -1/2 acre parcel. Moorse said the City could do as they wished with that parcel. He noted the need for parking if the 9 -1/2 acres were used for a specific purpose. The parking would have to be located on the I 1 • acre parcel. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JUNE 24, 1996 ( #16 - Saga Hill Land Acquisition - Continued) • Callahan said, although the plan is to leave the land as open space, he was opposed to taking land with any conservation easement on it. Jabbour said the City should obtain the grant, and the grant cannot be received unless the ownership is with the City of Orono. Jabbour said there have been concerns from neighbors over the use of the land. Jabbour said future Councils could not be bound regarding the use of the land. Moorse said he needs to check the language of the grant but thought there would be some restrictions placed on the City's use of the land. Hurr said she was in favor of stipulating park uses but not to what type of park uses. Goetten said she was in favor of park use only. Callahan informed Moorse that the Council was not in favor of any conservation easement. Moorse said he would check the restrictions required by the DNR. Hurr asked about the time of closing. Moorse said it was currently scheduled for July 1. He said there may be the desire to do a phase 1 environmental study. Moorse said the Minnesota Land Trust was okay with an extension noting Midway Bank has not • completed its title work. Jabbour voiced concern with a possible problem due to the closing deadline of the purchase agreement. Renay Leone of the Minnesota Land Trust arrived. She said the title work was behind but saw no problem with delaying the closing on the property. Callahan informed her that the Council was not interested in providing a conservation easement. Jabbour informed Leone of his concern that the bank may not defer the purchase beyond the July 1 date. Leone said the Minnesota Land Trust could address the issue of separating the tax forfeit property and the bank property regarding the conservation easement. Jabbour told Leone that there would not be a conservation easement over the tax forfeit parcel. Callahan said he was reluctant in accepting any land with a conservation easement on it. Leone asked Moorse if the DNR grant did not have a contingency for a conservation easement. Moorse said he would have to check on this. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 (416 - Saga Hill Land Acquisition - Continued) • Jabbour said he was confused why the City should give the Minnesota Land Trust a conservation easement. Leone cited an example of property in a suburb that had placed a conservation easement on it 20 years ago and changes in feelings as time goes on. Leone said she saw the conservation easement as reasonable with land being given free to the City. Callahan informed her that the land was not entirely free as there is a matter of lost property taxes. Callahan also said there is a public policy against tying up land forever noting the desire for open space might change in the future. Leone said that would be sad adding that the Minnesota Land Trust feels areas of land should be left undeveloped. Hurr said she did not want to see any conservation easement on either parcel. Leone said the discussion at the board level of the Minnesota Land Trust called for a conservation easement on both parcels but would have to be discussed regarding any separation of the two parcels. Leone said it was not acceptable to the Minnesota Land Trust not to have a conservation easement. Jabbour asked why this was not discussed earlier in the process. Jabbour added that the Council must protect all of their citizens. Hun noted that the conservation easement allows for minor uses of recreation such as trails and asked what type of trails that would involve. Leone said this would have to be • discussed. • Callahan said the answers need to be found regarding the environmental issue, the Minnesota Land Trust's opinion from their board on the easement, and the condition of the grant. He said the Council will not have any easement placed on the 9 -1/2 acre parcel. Callahan asked that the answers be brought back to the July 8 meeting of the Council. Callahan asked Leone to inquire about an extension of the purchase agreement and to inform the City if any problems arise. Callahan said he appreciates the work done by the Minnesota Land Trust and the Saga Hill group. Jabbour was informed that the contract was a purchase agreement, not an option to purchase. Jabbour said a purchase agreement would require a formal cancellation. Jabbour asked about the expiration date of the DNR grant. Moorse said he did not have that date. Leone said she thought the grant expired in 1997. Hurr inquired about other agreements where the Minnesota Land Trust has been the conduit. Leone informed her of several. Both examples had conservation easements. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( #16 - Saga Hill Land Acquisition - Continued) • Callahan asked Flint for his opinion of paying the appraisal fee of $1,500 from Park Dedication fund. Flint was informed that the Minnesota Land Trust was requiring conservation easements and the Council was not in favor of any easements. Flint said he could not see spending public money if no agreement was reached on the land usage. Moorse said the appraisal has already been done as a grant procedure. The Saga Hill group were initially going to pay for it but have used their contribution for the property purchase. They requested the City pay for the appraisal. Hurr moved, Goetten seconded, to approve the payment of $1,500 for the appraisal of the Saga Hill park land parcel from the Park Dedication Fund professional services budget. Vote: Ayes 4, Nays 0. Hurr asked Moorse to receive such information as this before the packet is sent out. This would allow more time for the material to be reviewed. Jabbour asked Moorse to check with the DNR grant restrictions and see if any additional restrictions were required. Leone said there may be the possibility of choosing either the DNR restriction or the conservation easement. Leone said she would hate to see the property lost after all the • time and energy spent by so many people. Hurr said a compromise may be possible between the City and the Minnesota Land Trust. ( #17) LOCAL PERFORMANCE AID CERTIFICATION Moorse reported that a portion of the City's HACA aid is being taken by the State and placed in an Local Performance Aid Program. To regain this allotment, performance standards are necessary. Moorse said the City is at the point of certifying the beginning process of determining those standards. Callahan questioned the amount of time allowed to complete the standards and a concern over exceeding the amount of the aid. Hurr inquired about City service and response times. Moorse said he has begun working on the performance measurements in order to ensure good service to the residents and did not believe the cost in determining the standards would exceed the aid amount. Hurr asked if the measurements being developed were part of a joint effort amongst city administrators and whether they were requested by Council. Moorse replied this is an area on which the lake area administrators are working, and this effort has not been requested by the Council. • 12 If MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( #17 - Local Aid Performance Certification - Continued) • Callahan noted the standards could become an unfunded mandate. Hurr asked if this effort was suggested by Met Council. Moorse answered in the negative. Goetten moved, Jabbour seconded, to support efforts to develop performance measures for the delivery of city services, and to authorize the Mayor and one Council member, Jabbour, to sign the LPA certification to indicate the city is in the process of developing and implementing a system of performance measures. Vote: Ayes 4, Nays 0. ( #18) HOUSING ACTION PLAN Moorse reported, in agreeing to participate in the Livable Communities Act, a housing action plan is required to be submitted by June 30. The submission would be reviewed and commented on by Met Council staff. Callahan asked what would occur if the plan was not submitted. Moorse said if the City was not a participant in the Livable Communities Program, it would affect the City's eligibility for ISTEA grants. Callahan said he was impressed with the plan as presented. Hurr said she supports the seniors and suggested the church property on Shadywood be • used for such a project. Hurr questioned item #3 regarding the City cooperating with developers. Moorse said the City will support a development if it agrees with the plans presented. Hurr said she was concerned with loan guarantees. Moorse said the language was taken from the comprehensive plan in the code. Council determined to change the wording of the heading from "will" to "may ". Hurr voiced concern with wording regarding the burden of unnecessary zoning under item #4. Hun asked and was informed that there is no minimum house size requirement. Callahan moved, Jabbour seconded, to approve the Housing Action Plan with modification of paragraph 3 heading from "will" to "may ". Vote: Ayes 4, Nays 0. ( #19) CLARIFICATION OF WETLAND FILLING AND MITIGATION POLICY Moorse said this question arose from a developer with interest in land on the northwest corner of Willow Drive and Hwy 12. The developer questioned whether the City would allow approximately one acre of city - designated wetlands to be filled. If this would not be allowed, the developer would either drop his plans or change them. If the City would allow such filling, the developer then had additional questions regarding the mitigation • requirements. 13 .* MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 24, 1996 ( #19 - Wetland Filling and Mitigation Policy - Continued) Hurr noted that the requirement calls for two times the holding area. • Callahan said the policy should be adhered to and each case reviewed separately. Callahan said the developer should make a proposal, and the City would then review it. Moorse clarified that the developer would be informed that the Council was generally opposed to wetland filling but would review the proposal. Jabbour said the location of the wetland is also a factor. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #20) LICENSES Goetten moved, Hurr seconded, to approve the following license: Vote: Ayes 4, Nays 0. Special Event Permit: Long Lake Corn Days 4 Mile Run Sunday, August 11, 1996 Noon - 1:00 p.m. • ( * #21) BILLS Goetten moved, Hurr seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 9:04 p.m. 14 •