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HomeMy WebLinkAbout07-08-1996 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY S, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr, who arrived at 7:50 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. (R #1) CONSENT AGENDA Items #9 and 14 were added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. ( #2) REPRESENTATIVE TOM WORKMAN - DISCUSSION OF LEGISLATIVE ISSUES Staff had suggested to Representative Workman that, although the City is interested in . keeping communication channels open, it was not necessary that he attend the Council meeting. Representative Workman indicated he is available to work with the City on legislative issues of concern to the City. ( #3) 1995 COMPREHENSIVE ANNUAL FINANCIAL REPORT - PRESENTATION BY AUDITOR Finance Director, Tom Kuehn, and Dennis Hoogeveen, representative from the City's audit firm of Malloy, Montague, Kamowski, and Radosevich & Co., were present. Hoogeveen brought attention to the auditor's opinion on page 16 of the 1995 Comprehensive Annual Financial Report, which gave the City a "clean" or unqualified audit opinion. He then referred to the separate management report, commenting on the analysis and legislative matters. The population class of the City and the per capita revenues and expenditures were found to be within the state average of comparable cities. The public safety costs were high, but this is due to providing police services to surrounding cities and is offset by revenues generated from this service. Hoogeveen said the financial trends found on page 6 for the City were good. He commented that having a healthy fund balance in the general fund allows for ease of budget transition from one year to the next, helps keep the cash flow stable, and is reflected in the bond rating. 40 9- k. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #2 - 1995 Comprehensive Annual Financial Report - Continued) • The City's reliance on property taxes, reflected on page 7, is due to little assistance from the state. Hoogeveen reported that the City has shown responsibility in maintaining low tax rates. Regarding the enterprise funds, the small net loss shown in the water operating fund, on page 10, was offset by the depreciation on the contributed assets, with the net effect on the retained earnings being a small increase. Kelley related a direct correlation between the loss and improvements to the Navarre water plant, and the City is not recouping the total depreciation. Hoogeveen said the sewer operating fund had a larger operating loss than the water operating fund, due in part to increasing charges from the Metro Council Wastewater Services, but that the City is addressing the situation by taking steps to limit the inflow and infiltration of outside water into the sewer system. He noted that the golf course reflected a net profit of approximately $40,000. Hoogeveen said the Finance Director and Administrator write a comprehensive and detailed transmittal letter in the front of the annual report which is very informative and useful. Callahan asked if the delay in timing of the report was due to the switch over of computer systems during the year and if that switch over was performed competently. Hoogeveen said the switch over was done competently but held up the report somewhat. It is expected that this will not slow the report next year as the entire year will be on the same system. • Jabbour asked if corrections were done adequately in relation to the deficit in the water fund. Hoogeveen said he was not aware of the history, and a rate increase is usually the recommendation made if a net loss is shown. Kelley said he believes the expense should be fully covered by revenue and asked if other cities have deficits. Hoogeveen said he sees cities with and without deficits, but that in his opinion, Orono is correctly accounting for the depreciation. Kelley asked when an audit is expected to be completed. Hoogeveen said the timing is up to the individual councils, but that the audit is typically conducted between about April 15th and 30th and is reported by most cities by the end of June. Hoogeveen said Orono's audit did begin two weeks late this year. Appreciation was extended to the auditor and the City Staff on a job well done. APPROVAL OF MINUTES ( * #4) REGULAR MEETING OF JUNE 24, 1996 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of June 24, 1996. Vote: Ayes 4, Nays 0. 40 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • PARK COMMISSION COMMENTS Commissioner Wilson reported that the Park Commission would like to schedule a work session with the Council regarding the Park Master Plan. PLANNING COMMISSION COMMENTS Planning Commission Chair Peterson had no comments at this time. PUBLIC COMMENTS Melanie Rose, 1020 North Brown Road, asked the Council to consider waiving the survey requirement in the replacement of her existing deck. She said the repair is not beyond the existing footprint or beyond the survey done when she purchased her property. She saw no need for another survey since no changes were actually being made on her property. Callahan asked Rose if the Council could take the matter up at their next meeting. Rose said this was satisfactory, and Callahan tabled the matter to the July 22 meeting. ZONING ADMINISTRATOR'S REPORT • ( * #5) #2029 WILLIAM SMITH, 2580 FOX STREET - FINAL SUBDIVISION - RESOLUTION #3739 Jabbour moved, Goetten seconded, to adopt Resolution #3739. Vote: Ayes 4, Nays 0. (#6) #2134 ROB ALBRECHT, 1810 SHADYWOOD ROAD - VARIANCE The applicant and attorney, Bob Mitchell, were present. Gaffron reported that the application was an after - the -fact hardcover variance for a deck on the lakeside of the residence. The deck is located out of the 0 -75' zone but results in an addition of 165 s.f of new hardcover. The Planning Commission has reviewed the application twice. The applicant proposes to mitigate the hardcover with the removal of 255 s.f of existing driveway and 115 s.f of rock. This would result in a decrease of 205 s.f of hardcover in the 75 -250' zone. Current hardcover in the 75 -250' zone is 43.5% where 25% is allowed. Hardcover is proposed to decrease to 41.7 %. The Planning Commission recommendation is split. A motion for approval failed on a vote of 3 to 4. No additional motion was made. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( 96 - #2134 Rob Albrecht - Continued) • Gaffron said the Planning Commission reviewed the 1991 findings for an after - the -fact driveway installed by a previous owner. The 1991 Commission found the entire driveway to be necessary to maintain a safe level of access and would not allow any trade off of driveway. A condition of that approval was that there would be no further encroachment of structure in the lakeshore yard to include any deck. Gaffron said by code the definition of "lakeshore yard" means the 0 -75' zone. No clarification was included in the resolution. Gaffron reported that the current owner also replaced an existing stairway to the lake with a non - conforming 6'x13' platform where only 4' width is allowed. The Planning Commission questioned whether adequate hardship was shown and recommended the stairway system be brought into conformity. Kelley asked if a building permit was taken out for the deck. Gaffron replied to the negative. Kelley noted it was curious that the deck conforms to the 75' setback line. Attorney Mitchell said the applicant was of the opinion that he could replace the lakeshore stairway board by board and is willing to reduce it to 4' if requested. Mitchell said the numbers regarding the hardcover were correct. He noted the hardship pertained to the slanting lakeshore in relation to the squared off homes in the area. Mitchell noted that the older portion of the house was located in the 0 -75' zone, while the newer portions were built behind that line. Mitchell said the existing deck is small and under the • overhang resulting in no area in which to use the lakeshore yard. Mitchell also noted that the old survey did not analyze the width of the driveway, and he is of the opinion that a reduction could be made in this area. Mitchell said the turnaround area has never been enough for more than one vehicle and noted that no parking is allowed in the street. The small lots in the area and driveway conditions create a need for variances. In what Mitchell believes brings clarity to the issue, the proposal results in the property becoming less non - conforming. He noted that no additional variances were required. There were no public comments. Jabbour asked for clarification regarding the decks. Mitchell had spoken about an existing deck but the deck in question is new. Gaffron noted that there are two different decks. Kelley said he had no problem with the deck as matching hardcover is being removed in the same 75 -250' zone. Jabbour noted that a building permit was needed. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( #6 - 92134 Rob Albrecht - Continued) Goetten said the concern in 1991 was over the driveway. The Planning Commission at that time thought the driveway was too important to decrease. She commented that the applicant said the deck was built in order for the children to have an opportunity to play, yet noted that there is a plan for a hot tub to be located on the deck. Mitchell responded that the tub would have a cover. Goetten said with the notation of the prior Planning Commission that no additional hardcover be allowed, the fact of the property being substandard, a concern for removing any of the driveway, she believes the deck should be removed. Goetten also questioned the ignorance regarding the lack of building permit. Jabbour said the stairway should be reduced to 4' but noted the proposal is for trade off of non - structural hardcover (driveway) for minimal structure (deck). Callahan said he was concerned with the comments made in 1991, did not feel it only meant the 0 -75' zone, but did note there was no gain in hardcover. Kelley moved, Jabbour seconded, to approve Application 92134 with the correction of the lake deck being reduced to 4' and the addition of 165 s. f. of hardcover with the removal of 255 s.f of asphalt. Jabbour asked that the resolution clarify the previous • comments that no additional hardcover be allowed from the lakeshore to the street. is Goetten said she understood the 1991 Planning Commission recommendation and was of the opinion that this Planning Commission made the right decision in their recommendation. Gaffron inquired if the motion included the 115 s. f. of rock and plastic. Kelley said it did not. Gaffron said omitting it would increase the hardcover percentage proposed. Mitchell said the removal of rock and plastic has already been completed. Kelley then amended the motion to include the removal of 115 s. f. of rock and plastic. Jabbour noted the need to clarify non - structure versus structure with a deck being a structure. Goetten said a deck has always been considered a structure. Goetten asked that the minutes clarify her statement that it be made clear that no further hardcover would be allowed on this property in the future and that the property has reached its hardcover limits. Vote: Ayes 3, Kelley, Callahan, Jabbour; Nays 1, Goetten. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #7) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE WEST • - PRELIMINARY SUBDIVISION - REVIEW OF AMENDED PLAN Greenfield Corporation was represented by Jim Pfennig, Laurie Lundeen, and Mark Gronberg. Mabusth reported that the application was tabled at the June 10 Council meeting in order to amend the plan of the 6 -lot subdivision for removal of the private road outlot with cul- de -sac serving lots 1,3, and 4 and replace with a private driveway outlot along the northern property line. This has resulted in reductions in the width variance. Lot 1 would no longer require a variance. Lot 3 is 142' wide, and lot 4 is 150' in width. Mabusth added that Staff sees no reason for a temporary cul -de -sac for a driveway outlot at less than 300' located at the northeast corner if a back -up apron was constructed within road outlot for use of emergency and larger vehicles. Mabusth said a concern of Staff was the definition of the access with the elongated lots as Greenfield Corporation will not be the builder. Another concern is the access being from the north and not outlot B extension if the builder wants the house on lot 3 located to the south. Staff would recommend that no building be allowed south of the septic sites on lot 3 to include both principal accessory structures. Kelley asked Mabusth to define front and rear. Mabusth said this is determined by code for a "corner lot ". Kelley said, if that is the case, why couldn't the resolution state where • the front is located without the need to state where the access is located. Kelley said the question would then be if the access by front defines the front in the code. Mabusth saw no problem with this recommendation if Council was in agreement. (Hurr arrived at this time.) Kelley said the house could be located in different directions if desired. Mabusth noted the need to maintain a 30' setback to the side. Kelley questioned why the access could not be allowed off of Outlot B. Mabusth said it was a matter of aesthetics or design with the mass of the residence facing the side lot line. Kelley was informed that the zoning is 2 acre but the widths were substandard. Jabbour added that residents move to this zoning district to enjoy larger setbacks. It was noted that Hurr originally suggested eliminating the driveway outlot. Pfennig had no additional comments at this time but to note Staffs thoroughness and detail. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( #7 - #2136 Greenfield Corporation - Continued) Goetten said she was still concerned with gerrymandering the lots in order to justify one additional lot. She said she was not in favor of the subdivision noting her concern with the building envelopes, the septic areas, the drainfields, and the need for variances. Goetten said the code should be adhered to and thought a PRD would be a better option. Kelley said there was not alot the Council could do if only a variance was required. Goetten disagreed noting one lot could be eliminated. Gronberg said the width was tight for the lots due to the 50' outlot B. He said there was 620' of width and 200' per lot width originally. Mabusth added that there was no flexibility in placement of private road as access had to be at northeast corner of property. Kelley noted, even with using the land from outlot B of 50', lot 3 was 58' short and lot 4 was 50' short. Gronberg disagreed adding that those figures included the cul -de -sac. Kelley responded that the feet measurement was taken back further and would still not meet the requirement. Kelley questioned making lot 1 wider because of the topography. He said this leads into the concern expressed by Goetten of pushing the lots together. Mabusth noted that this was due to both topography and wetlands. is Kelley asked if there was any economic benefit to the developer in providing Outlot B. He was told there was not. Outlot B was proposed at the request of the City to provide access for the lot to the east. Mabusth noted the direction given by Council with earlier subdivision of Bayview Farms. Mabusth said if the subject property was developed first, then the extension outlot would be recommended. Kelley questioned why this developer would be forced to do that. Gronberg said it was because of a safety concern noting the presence of a crest of a hill. Mabusth said the location was where the County stipulated was safest for both developments. She noted the Council had discussed the future development of the properties, and safety and minimizing any impact were the factors in the earlier decision. Mabusth said in development of this site, the access to the north was seen as the best solution. Jabbour said he saw a problem with granting any variance. He added if restrictions were proposed on the developers, then the City was obligated to give an option. He noted the County's direction for the properties to be served from Co Rd 84. Mabusth clarified that the Council had set this directive during the Olson/Geffre application of Bayview Subdivision in 1995. Mabusth said the Council had wanted to ensure that the property was not landlocked. An Outlot C was served by a private road made up of multiple outlots and owners; but it was the hope that access would come from the property to the west, which is the property now under consideration. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #7 - #2136 Greenfield Corporation - Continued) • Hurr asked if the City was saying that this access was to be provided at no cost to the property owner to the east. Mabusth said only Outlot B is being provided as a road bed but is not being developed into a road. Jabbour said access could come in from the eastern access. Kelley suggested that the road outlot not be platted. It was questioned what would happen if the developer of the other property did not wish to pay for the use of the access road. Mabusth said the City would take underlying easements. Kelley said this would then result in the road becoming a public roadway. Gaffron said if lot 1 was pushed further down, the lots could have the appropriate widths. Hun suggested Outlot B be platted. She said it should be under the control of whoever has control of Outlot A. Goetten commented if Outlot B was required, the City would be allowing two lots to be substandard and force developers to share an outlot. Hun responded that the County said the access should be at that location. Callahan noted that the County must give access to the lots. Cook added that 50' is still needed for access to the lot, and it does not change the frontage. Callahan said a lot could be eliminated. Mabusth commented to • plat only a driveway outlot would eliminate width variances. Callahan said the only way to have the development without a variance is to eliminate a lot. Pfennig said he would like to work some mechanism out with the adjoining developer. Jabbour commented that acreage was only one building standard. If primary and secondary septic sites are not found, then there would only be one site. Callahan asked if Outlot B was intended to serve the property to east as well as north from CoRd 84. Mabusth said the road outlot was to serve Outlot C, Bayview Farms. Hun said she would not be as concerned with the variance if safety of access was provided. Kelley asked if a larger blowup of the area could be seen and suggested tabling the application. Kelley moved, Jabbour seconded to table the Application. 0 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( #7 - #2136 Greenfield Corporation - Continued) Jabbour asked to poll the Council for their current view. Hurr said she would like to review the rest of the development in the area. Kelley said if Outlot B was eliminated, there would be no need for the variance. Callahan said he was concerned with tabling as the applicant has responded to prior direction given and is being asked to come back again. He would like to see no variances required. Goetten said her opinion is as previously stated. Kelley noted that the developer has brought the problems upon himself when asking for a variance in the first place. Vote: Ayes 5, Nays 0. ( #8) #2137 WILLIAM DUNKLEY, 2709 WALTERS PORT LANE - VARIANCE The applicant was represented by Dale Gustafson and Carl Smith. Gaffron reported that a previous request for a number of variances resulted in an addition to the existing residence of a new entry, retaining walls, and changes to the driveway. The house is located entirely within the 0 -75' zone. The application is a proposal to replace the deck with a small room that includes a therapeutic pool. The Planning Commission reviewed the application at their past two meetings and suggested lowering the roof line or moving the pool to an opposite side of the house. The applicant then is revised the proposal to include a lowered shed -type roof. The addition would meet the 10' setback but encroaches past the average lakeshore setback line. It also intensifies the hardcover in the 0 -75' zone. The lot coverage by structure would increase from 15.6% to 16.7 %. 0 Gaffron reported that the Planning Commission recommended approval as proposed noting a decrease in hardcover of 23 s.f. They found the visual impact from the addition would be similar to what exists. The applicant's representative showed that the other options considered were not feasible. Hardcover in the 0 -75' zone would decrease from 35.4% to 35.2 %. The 75 -250' zone would remain the same at 49 %. A large amount of hardcover was removed during the last application review. Goetten inquired what the original hardcover percentages were. Gaffron said the 0 -75' zone was around 40 %, with 74% in the 75 -250' zone. The representatives had no additional comments at this time. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #8 - 42137 William Dunkley - Continued) . Hurr asked why the swim pool could not be located elsewhere in the house. Smith responded that the size of the pool at 8x14' hindered any other possibility. Gustafson added that the family and living rooms were the only rooms large enough but were used in housing the family. The circular pattern of the rooms and interior walls also posed a problem. Hurr said if the pool was of great importance, accommodations could be made elsewhere. She did not feel a large family and size of home were reasons by which to grant a variance. Callahan inquired about the elevation of the pool room. Smith said it would be located about 4' below the height of the grade with a pump mechanism below. Gaffron noted that the Planning Commission had discussed that the existing deck with the screen wall were in such condition to need repair soon. The Commission also noted that the impact from the proposal would be similar to that which now exists. Chair Peterson said the Planning Commission cited the medical condition as a hardship. Peterson said the deck would always be there with eventual replacement, and that its enclosure would have a minimal effect. Peterson added that the improvements made to the property last year with the significant reduction in hardcover was an appropriate tradeoff for the proposal and improvement of the overall property. Callahan voiced concern over redesigning a house for purposes of only the applicant who • resides there. He said he understood from the Planning Commission discussion that the applicant would otherwise come back with a proposal for improvement of the deck. Hurr responded that with the encroachments as they exist, the Council was not obligated to approve a deck improvement. Goetten added that structure improvements also tend to escalate. Jabbour said he did not see the medical condition as a valid reason for the hardship with the health facilities nearby. Gustafson responded that the applicants were avid exercisers. He also noted the deck currently exists, and the improvement would result in a reduction in hardcover. Gustafson said the location of the addition allows taking advantage of the overhang. Goetten noted that although reductions are very important, she was concerned with moving into the next phase of structure. Hurr moved, Goetten seconded, to deny Application #2137. Hurr said, with the entire home Iocated within the 0 -75' zone, she could not see increasing the amount of structure or deck replacement. If the reason is medical, Hurr said the applicant needs to make accommodations and not the City for the applicant. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( #8 - #2137 William Dunkley - Continued) Kelley suggested a possible approval with removal of the structure if applicant moves from the property. Jabbour responded that a hardship should deal with the land and not the applicant. Response was negative to this suggestion. Jabbour asked what the applicant's next step would be. Gustafson said the deck was a few boards short of being serviceable. Callahan asked the Council what the difference was between this application and the previously discussed application. Kelley said this addition was located within the 0 -75' zone and the last application was out of this lakeshore zone. This proposal was also a change from a deck to permanent structure. Vote: Ayes 3, Hurr, Jabbour, Goetten; Nays 2, Callahan, Kelley. Motion passed; variance denied. Gaffron reported that a denial resolution would be presented at the next Council meeting. ( * #9) #2142 ANGELA WOODHOUSE, 2625 NORTH SHORE DRIVE - VARIANCES - RESOLUTION #3744 Jabbour moved, Goetten seconded, to adopt Resolution #3740. Vote: Ayes 4, Nays 0. • MAYOR/COUNCIL REPORT Callahan reported that the moratorium on Hwy 12 development expires on July 22. Since the study on the moratorium is incomplete, Callahan suggested extending the moratorium to the first Council meeting in September. Callahan said he would like to come to a conclusion soon and not keep developers waiting. Callahan moved, Jabbour seconded, to extend the moratorium to the first Council meeting in September, 1996. Hurr noted that Staff had recommended an extension to October 30 and asked the reason for the change in date. Callahan said he would prefer to move forward, and if there was a recommendation for a zoning change, plans could be reviewed. Hurr questioned whether there would be time for a code amendment with public information meetings and suggested extending the date to the second Council meeting in October. Hurr moved, Goetten seconded, to amend the motion to extend the moratorium on Hwy 12 development, Ordinance #148, 2nd Series, to the second Council meeting in October, 1996. Vote: Ayes 5, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 (Mayor /Council Report - Continued) . Callahan noted receipt of a letter from the League of Minnesota Cities regarding the right -of -way issue. The League has asked for a voluntary contribution of $560 or more towards costs incurred in lobbying, providing information, and possible litigation to protect cities in their control of the public right -of -ways. The issue involves the placement of telecommunication cables in public right -of -ways and support of efforts to regulate such placement. Callahan recommended supporting this effort and contributing $1,000. Callahan moved, Jabbour seconded, to contribute $1,000 from the Contingency Fund to the League of Minnesota Cities for purposes of issues regarding the protection of public right -of -way. Vote: Ayes 5, Nays 0. Callahan said the Maxwell Bay public access construction will begin soon and is expected to be completed this year. A public ceremony recognizing the access will be held. Callahan reported having a discussion recently with Jim Grube of Hennepin County regarding Co Rds 6 and 15 road improvement. Grube expects proposals will be presented to Council by the end of this month. Kelley said Co Rd 6 West by Independence was now closed. Callahan and Jabbour met with Mn/DOT regarding the Highway 12 corridor decision • process, and expressed their appreciation for the excellent joint effort shown by the Luce Line Committee and the North Side Group. Opposition was expressed at that meeting to a southern bypass. When asked by Kelley, Council members said they have not heard back from Wayzata regarding the Wayzata Boulevard and Highway 12 semaphore issue. Callahan expressed concern with the heavy traffic on CoRd 15 and its affect on fire trucks being able to reach an emergency in a timely fashion. He noted that the problem would increase once the construction begins on the roadway. Callahan also said he has spoken with Long Lake Mayor Olson regarding a fire marshal, who voiced approval of the idea. ENGINEER REPORT Cook said the Long Lake sewer trunk flow information is still being looked at and is requiring adjustment. Callahan said, in speaking with Mayor Olson of Long Lake, he had not anticipated a problem in working cooperatively to provide expanded sewer capacity. IR 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • (Engineer Report - Continued) Jabbour said additional capacity would be required for any additional projects beyond what is already in place. Jabbour said he would like to see a tandem process occur in terms of review of sewer expansion alteratives. CITY ADMINISTRATOR'S REPORT ( #10) SAGA HILL PARK LAND ACQUISITION Callahan reviewed his understanding of the Saga Hill park land acquisition to date noting a concern over several problems. Callahan noted there were two separate parcels of land involved. The 9.5 acre tax forfeit parcel is for general park use. Callahan said the general feeling is the land would be left as open space until such time as Council is of a differing opinion. Callahan stressed the need for an access easement to this 9.5 acre parcel. An offer for an easement from the church has been received, but Callahan said he does not believe it would serve the need for the land as it would be given with a restriction placed on the usage of the land. If such usage would change, the easement could be withdrawn. He noted the reasons for allowing an easement were too narrowly based. . Callahan said a 20' easement should be acquired on the Valek property. Council members concurred. Only a 10' easement is now available. r-1 LJ Callahan continued that the 11 acre parcel is being purchased by the Minnesota Land Trust, who would take title from the current owner, Midway Bank, but would be dependent on the grant of $50,000 being obtained by the City from the DNR. The grant is conditioned on the land being maintained in its current state. The Minnesota Land Trust would like a conservation easement also placed on the land. Callahan noted that a rush decision was made in submitting the application as the deadline for submission was the day following the approval given by the Council for the application. Because of this time constraint, the application included information supplied by the Saga Hill Group and Minnesota Land Trust, which was not consistent with the beliefs of the City towards the land and surrounding vicinity. The application submitted referred to the 9.5 acre parcel as being included with the 11 acre parcel with a conservation easement to be placed over the entire 20 acres as a core area for a future 60 acre park. Callahan said the DNR has verbally agreed to the separation of the 9.5 acre parcel from the grant. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #10 - Saga Hill Park Land Acquisition - Continued) Callahan said if the 9.5 acre tax forfeit parcel was at some time used for other purposes than general park use, the City would be required to forfeit the parcel back to the County, who would resell the land. The City could purchase the property and have no restriction on it. This scenario is not in the current plans but is a possibility in the future. The Minnesota Land Trust is viewing the two parcels together. Callahan said if the agreement was made and use of the land changed, the DNR has the veto right. The DNR could allow the City the change the use of the land if replacement land is found elsewhere. The condition of the Minnesota Land Trust conservation easement would be a separate agreement with another entity involved other than the DNR. The question is unanswered as to what will occur if the conservation easement with the Minnesota Land Trust is not approved by the Council. If the Council does not agree to the conditions of the DNR, the grant will not be received. Moorse concurred with the above analysis. Callahan said the Council has already made the decision to take the 9.5 acre parcel with an easement, which is a separate issue from the 11 acre parcel. The decision for the Council is whether the DNR grant should be accepted with the amendment placed on it excluding the 9.5 acre parcel. Callahan said he believes it would be a mistake in regards to public policy to take land • that is tied up forever. Any changes would also involve modification by two other agencies. He noted it would not affect this Council's plans, but conditions could change. Kelley was informed that the grant could not be obtained if Orono did not participate in the land acquisition. The grant is required to be made in the name of the City. Jabbour noted that all of the groups involved were working towards the same goal but with differing facts. Jabbour suggested proceeding, once all agree that the 11 acre parcel be separated from the 9.5 acre parcel, and amend the grant application. Council concurred. Jabbour then suggested taking the grant with the DNR conditions if found to be satisfactory to the Minnesota Land Trust. Hurr said she supports the grant, which is supportive of a possible parking lot and some structure, but is not supportive of a conservation easement. Callahan said he favored the conditions of the DNR if they are as stated and no more. He was unsure if the description clarified the conditions of the DNR. Kelley clarified that if the grant was taken with the DNR restrictions, the City would be the owner of the property. If any upgrades were made, it would be the responsibility of the City and not the DNR. The City would maintain the property. The DNR would have no title to or mandate of the property. 0 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( #10 - Saga Hill Park Land Acquisition - Continued) Jabbour added that the understanding would be that the 11 acre park land would be passive in its use but the 9.5 acre parcel could be of a different use. Council all agreed with the understanding as stated. The Minnesota Land Trust was asked for their position. Renay Leone, Director of the Minnesota Land Trust, said it was their position that the interest be in perpetuity with some form of restriction for undeveloped or passive uses. Leone said the Minnesota Land Trust hoped to include the 9.5 acre parcel but would accept the separation of the two parcels. She also said the organization would prefer the conservation easement but would accept those restrictions placed on the property by the DNR. Leone said the concern of the Minnesota Land Trust was their desire to have a continuing role in bird- dogging the restrictions. She suggested the Minnesota Land Trust be given the legal authority for right of enforcement. Without the legal right, the Minnesota Land Trust would take the responsibility informally as citizens of Orono. Callahan responded that the DNR does provide for monitoring of the land use. If the • Minnesota Land Trust would monitor it as an informal participant, it would be done as a practical matter. He noted that the informal watch could effectuate what is done as opposed to two agencies having veto power. • It was noted that the earnest money placed on the purchase agreement would be lost if the grant was not accepted. Callahan said the City was in the position to move forward with the grant if that was the wish of the Minnesota Land Trust. Leone said she was in favor of that position. Jabbour said there was a misunderstanding that the City of Orono was seen as pro development, which was not the case. Jabbour said the problem arose with the deadline for the application and the lack of being privileged to reviewing the conditions of the grant. He wanted to clarify the issue, noting it would have been easier if all of the information had been laid out earlier. Leone responded that the process was complicated and drawn out. Jabbour moved, Kelley seconded, to draft a letter to the DNR requesting clarification that the grant restrictions apply only to the 11 acre parcel. This correction is to be clarified in writing by the DNR. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #10 - Saga Hill Park Land Acquisition - Continued) • Callahan said he was not anxious to take the 11 acre parcel without acquiring an easement to the 9.5 acre parcel first. He noted the possibility of condemnation in order to acquire the easement. He also asked that it be clear from the Minnesota Land Trust that the DNR agreement is satisfactory. Jabbour responded that there is a time constraint due to the deadline for the purchase agreement. Jabbour said the 11 acre acquisition would result in one additional access to the 9.5 acre parcel. He suggested moving ahead with the grant and working out the details of the easement later. Jabbour said the Minnesota Land Trust is bound by contract to complete the purchase and would convey the title to the City without any other restrictions than the conditions placed by the DNR. The approval would be necessary in advance of receiving the $50,000. Moorse concurred that it was a reimbursement grant. Jabbour amended the motion, Kelley seconded, that the $50,000 be taken from the Park Dedication Fund after receipt of the necessary paperwork from the Minnesota Land Trust regarding said stipulations and the DNR. The deed is to be received from the Minnesota Land Trust at the time when the funds exchange hands. Leone clarified that the City would require an agreement stating the Land Trust's agreement to the DNR grant for $50,000 with City ownership of the 11 acre parcel under the conditions placed by the DNR. Callahan asked Barrett to assist in drafting this agreement letter. • Vote: Ayes 5, Nays 0. ( #11) PERMANENT APPOINTMENT OF POLICE CHIEF Hurr moved, Kelley seconded, to approve the appointment of Gary Cheswick to the position of Police Chief at a salary level of $53,830 effective July 9, 1996. Vote: Ayes 5, Nays 0. Callahan reported that Cheswick is well received by the contract cities as well as his officers. ( #12) WATERTOWN ROAD OVERLAY Moorse reported that the west end of Watertown Road has experienced major deterioration over the winter and requires immediate attention. The funds available in the general budget for overlays were to be used for residential roads, and Moorse said these overlays still need to be done. 0 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( #12 - Watertown Road Overlay - Continued) Callahan said he was concerned how Staff did not realize the work would be necessary noting the time spent working out such a schedule. Gerhardson said the deterioration showed up over the winter. Cook said the past winter was harder on roads than most winters. Hurr questioned whether improvements on Watertown were desirable. Gerhardson said the overlay was in the long term plan. Other portions of the road have already been overlayed. Hurr moved, Kelley seconded, to approve a bituminous overlay for that portion of Watertown Road west of Stubbs Bay Road to Turnham Road at a cost of $37,000 to be funded from the PIR Fund, and to amend the 1996 Budget to reflect the expenditure from the PIR Fund. Hurr requested signs be placed notifying residents of the work in progress. Callahan said the expense was not a good example of budgeting foresight. Kelley responded that Staff did come under budget last year. He noted that Staff does watch the expenses and has shown the ability to make up costs in other areas. Vote: Ayes 5, Nays 0. • ( #13) PREPARATIONS FOR THE SALE OF MCCULLEY ROAD PROPERTY 0 Moorse reported that the estimate on the cost for the survey and plat is increased to $3,500. He did note that septic testing has already been done and will not be necessary. Jabbour asked that Staff spend as needed, not as authorized. Moorse said he would get quotes from several surveyors. When questioning the cost, Hurr inquired if the property would be divided into more than one lot. Moorse indicated in the affirmative. Jabbour moved, Hun seconded, to authorize expenditures not to exceed $3,500 for the plat and survey and lot area variance process, to be funded from the General Fund Contingency account, and amending the budget to reflect these expenditures. Vote: Ayes 5, Nays 0. ( * #14) CONTRACT FOR COMPUTERIZED MAPPING Jabbour moved, Goetten seconded, to contract with DSU, Inc. for digital mapping services at a cost of $4,000. Vote: Ayes 4, Nays 0. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #15) SCHEDULING OF WORK SESSIONS • Work sessions were scheduled for Tuesdays, July lb, from 8:00 a.m. to noon, July 23, and July 30. The work sessions will discuss reorganization of the Public Works and Building and Zoning departments, the planning application review process, and the two alternative sewer trunk lines. The July 30th work session is reserved for a joint meeting with the Park Commission to discuss the Park Master Plan. ( #16) OLD CRYSTAL BAY ROAD BIKE TRAIL UPDATE Moorse reported that the Staff has been working with the property owners of Silver View Drive to address their concerns with the bike /hike trail construction. Moorse suggested the construction begin north of the railroad tracks and continue as the funds allow. The problem with this suggestion is that the trail would then not be contiguous and no grant funding would be received. If completed by the end of 1997, the grant funds could be recouped. Hurr recommended beginning the condemnation process and move ahead with the trail construction. Gerhardson said negotiations could still continue during the process. Hurr noted that only temporary easements were necessary for this section of the trail. Moorse said the problem arises with the elimination of some trees. Callahan said if the land was condemned, the City should make the necessary changes in • the plans to ensure that the trail is in the best location. Kelley noted the trail section by the Dickey property and changes that would have been made if land condemnation was used in that area. Hurr moved, Goetten seconded, to authorize Staff to begin condemnation process. Vote: Ayes 4, Nays 1, Kelley. Kelley was not in favor of constructing a trail involving the need for condemnation. Callahan said he would like to see the construction done this year. He added if problems occur, the construction should begin at the north end and move south. Kelley asked what will happen with the trail where it meets the property to the south of Hwy 12 in relation to the house and garage. He noted that the resident parks vehicles in the public right -of -way. The resident will be notified that cars are not allowed to be parked in the public right -of -way. • 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 • ( 916 - Old Crystal Bay Road Bike Trail Update - Continued) LJ Kelley also voiced concern over plans for the trail as it crosses Hwy 12. He is very concerned with signage and lighting, but especially children crossing Hwy 12 using the trail system. Kelley said it was crucial that clarification of the plans is determined to resolve a problem before it occurs. Gerhardson will check with Mn/DOT on what qualifies for a "no turn on red" designation as well as a "walk" sign added to the traffic lights. Kelley said he was concerned that cars would not see the children crossing the highway and turn into them. Callahan asked to see the plans for the bike/hike trail at the July 22 Council meeting. ( #17) OLD CRYSTAL BAY ROAD "NO PARKING" Gerhardson reported on a proposal to install no parking signs along Old Crystal Bay Road at the request of the property owner at 340 Old Crystal Bay Road. This request is a result of a safety issue created by cars parking along the road to access the trail system hindering the site distance for the owner attempting to leave his driveway. Gerhardson added that the curb and gutter installation increased the difficulty in pulling out of the driveway. The owner is concerned that the completion of the bike /hike trail will exacerbate the problem. Hurr said the signs in place should be adequate. Gerhardson said the current signs covered 100', and he would like to post signs covering 300'. Kelley said he saw it being a sporadic problem only during busier trail usage periods. Kelley said the problem has always been there but has increased due to the Luce Line. Hurr suggested using temporary signs. Gerhardson said those signs are not enforceable. Council voiced concern with neighboring properties making the same request. Jabbour moved to authorize the no parking signs per the recommendation of Gerhardson but received no second to the motion. Callahan moved, Goetten seconded, to deny the request for the no parking signs at 340 Old Crystal Bay Road. Vote: Ayes 3, Callahan, Goetten, Kelley; Nays 2, Jabbour, Hurr. ( #18) HIGHWAY 12 SAFETY IMPROVEMENT PROJECT PAYMENT Moorse reported that the initial cost was based on the estimate. The revised cost is based on the actual costs incurred. The amount previously paid was based on the bid, and Mn/DOT is requesting the difference be paid. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 8, 1996 ( #18 - Hwy 12 Safety Improvement Project Payment - Continued) . Hurr moved, Jabbour seconded, to approve payment of the additional $8,825.39 amount to Mn/DOT for the Highway 12 safety improvement project, to be funded form the MSA fund; and to amend the 1996 budget to reflect this expenditure. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT ( #19) EXECUTIVE SESSION Barrett requested an Executive Session. ( * #20) LICENSES There were no licenses. ( * #21) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting to an Executive Session at 10:45 p.m. 0 Edward J. Calla .0fin, R., Mayor 20