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HomeMy WebLinkAbout11-25-1996 Council Minutes,j 4* " ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 259 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. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, City Engineer Glenn Cook, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( #1) PUBLIC INFORMATION MEETING - BRACKETTS POINT CURVE (COUNTY ROAD 15) ROADWAY IMPROVEMENT Bruce Polaczyk, Hennepin County Engineer, along with two members of the design team, were present. Polaczyk reported that Indian burial mounds have been found in the area which was previously approved for the layout for the CoRd 15 improvements. Jim Jones of Indian Affairs has confirmed the mound locations. As a result, the road design has been shifted to the east in order to thread the road through the mounds. This new layout has a major impact on the homes to the east resulting in the need to build 10' high retaining walls. Polaczyk said the right -of -way department has estimated the cost for the road relocation • at $150,000. The construction cost total is estimated at $240,000. The majority of the costs involved for Orono is for right -of -way at 50% of the total for an amount estimated at $75,000- $80,000. Polaczyk said Indian Affairs has highly recommended avoiding the area around the Indian mounds. The County is now of the opinion that the County and City would not gain the value necessary to warrant the curve of the road through the mounds. Callahan polled the audience. It was found that approximately 12 people were in attendance regarding this issue. Of that number, no one was in favor of this curve reconstruction. Jabbour indicated he informed an Indian commission member that the City is sensitive to the issue of Indian Mounds and would go beyond the limit of the law to protect them. Jabbour said the City should not construct the roadway in the area of the mounds. Hurr said she is concerned with safety and the lack of shoulder of the current roadway and would have liked to have seen the curve straightened out. Polaczyk said the project would have granted the opportunity to open up the sight lines and accommodate the need to pull off onto the shoulder. Polaczyk said the County feels the curve would have to be flattened and configuration changed, but this would affect the Indian mounds, and the County is also sensitive to this issue. Hurr cited another example of disturbing of Indian is mounds in the past at Green Tree. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #1 - 41A County Road 15 Bracketts Point - Continued) • Goetten said she is opposed to the project and to building 500' of retaining walls in order to gain a shoulder. Callahan informed the County that the Council was not in favor of the project. There were no public comments. Callahan moved, Goetten seconded, to abandon the project and indicate the City's disapproval of the project as designed. Vote: Ayes 4, Nays 0, Abstain 1, Hurr. Kelley asked if the County would continue the repaving of the roadway. Polaczyk said the County would overlay that portion of the road and pave the shoulders. It is scheduled for completion in 1997. ( #1B) COUNTY ROAD 15 ORONO LANE TO WAYZATA BORDER - FINAL PLANS - COOPERATIVE AGREEMENT Polaczyk reported that the approval of the layout in October, 1995, made way for the County to prepare the detailed plans and work with the property owners. After review by a geotechnical consultant regarding the length and width of the unsuitable materials running through the marsh areas, the County has recommended the road be shifted 10' to • the north toward the railroad. This would lessen the impact on the larger portion of Ferndale Marsh. The depth of the plane of the unsuitable materials under the roadway is greater in the southern portion of the roadway. The design as presented is based on realigning the new roadway to the north. Polaczyk reviewed the highlights of the realignment between Orono Lane and east to Hillside Drive. An acceleration lane has been added at Woodhill Road at the request of the country club. Some tree removal is required. With a two -to -one replacement rate of 8" or larger, 9 existing trees will be replaced with 18 on the north side, of a type conducive to wetland areas. These trees will eventually provide more screening between the tracks and railroad bed. These trees are being removed from the clear zone required for the roadway but will be replaced outside of both the roadway and Railroad clear zones where allowed. Jabbour asked if the trees were to be replaced because of the need to mitigate for wetlands. Polaczyk said the reason was because of the clear zone requirement. It was clarified for Goetten that the new trees will be planted beyond the clear zone. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • ( #1B - County Road 15 Orono Lane to Wayzata Border - Continued) Goetten indicated when the plan was originally reviewed, the clear zone was discussed and a variance secured. She asked why this was not required here. Polaczyk noted there were two types of clear zones, one being rural and one suburban. A 20' zone is required in the suburban where berms, curb, and gutter are required. In the rural as is the case in this particular area, a 30' clear zone is required. The suburban zone is applied elsewhere on this roadway. Goetten stated that it had originally been indicated the trees would be lost due to the wetlands and questioned what the benefit was. Kelley asked if the roadway was being moved at this location to the north. Guy Nolan of the design team said it would move 5 meters (about 15') from the edge of the bituminous to the other edge. Polaczyk indicated this movement would also reduce the impact on the properties on the south side. Goetten said she was disturbed, after having asked for this design several times, to be seeing it for the first time at this meeting. Goetten felt it would be imprudent to make a decision without reviewing the actual design. Jabbour suggested hearing the information presented and tabling any decision to the next Council meeting. Polaczyk reiterated the movement of the road was due to the recommendation of the geotechnical consultant. Kelley asked if the movement of the road to the north was a result of the poor soils. • Polaczyk said this was a partial reason. Kelley asked how deep these materials are located. Nolan said the depth is 2 meters on the north to 3 -1/2 meters on the south, which is 6' to 10 -12'. Kelley asked if the materials would be excavated. Polaczyk said the materials would be floated and then surcharged. Surcharging is adding a fabric material and weighting it down which compresses the soils. Then after a time duration, the surcharge is removed and the road is built to proposed elevations. • Nolan indicated the time length for the surcharge to be about 6 months. It would be completed in two stages. Two lanes of traffic would be moved to the south by using the existing shoulder and one lane during the time the north side is being surcharged. This would allow the roadway to remain open. Goetten said it was her understanding that the roadway would move 12' to the north. Then the distance changed to 20'. Polaczyk said the amount is now 16'. Nolan explained that the alignment is shifted 10' to the north and the left turn lane shifts it slightly more. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #1B - County Road 15 Orono Lane to Wayzata Border - Continued) Kelley oted the slopes and large flow of water. He asked what would be done to • Y P g eliminate the roadway acting like a dam. Polaczyk said there are a series of culverts transverse to the roadway which would eliminate this from occurring. Nolan said the existing culverts, which the runoff runs through, would be replaced. Goetten was informed by Nolan that the culverts would remain in the same locations and water flow would remain the same also. The current culverts would be upgraded as they have sunk and become filled up with sand. Hurr asked who would be responsible for the culvert maintenance. It was indicated that it was the responsibility of Hennepin County. Jabbour inquired about the status of the MCWD in relation to this project. Polaczyk said a meeting is scheduled for November 26 where the permit would be reviewed for stormwater ponding and flood plain mitigation. Jabbour informed Polaczyk that he has spoken with two members of the MCWD, who felt the issue would be tabled until a cooperative agreement has been reached between the County and City. Polaczyk indicated the roadway was being built in a high water table area. The MCWD Rule B regarding stormwater management and water quality would apply. Polaczyk said the County is aware that this rule could not be complied with and it would be impossible to provide water treatment. The two options to remedy this problem would be to provide an on -site detention pond or make a contribution to the district for a future regional pond. There have been discussions to escrow funds for a future pond. The • problem with this is the lack of agreement between the City of Orono and MCWD according to Polaczyk. Jabbour said he told the MCWD members that there should be a policy established for cases such as this. In continuing the project discussion, Polaczyk said the project was scheduled to begin in 1997. Due to the surcharging and time duration required, the project would require two construction seasons. The pavement will be widened prior to the surcharging to allow two lanes of traffic to be provided during the construction. Callahan inquired about the cost of the project to Orono. Polaczyk said a construction cooperative agreement has been provided to indicate the City's financial responsibility. Orono's share of the $2.3 million project is $37,000 or 1.7% according to Polaczyk. He noted the most significant cost to the City would be for right -of -way of $77,000. There would be two different types of right -of -way cost, one for the roadway and one for the cost to acquire land for mitigation of the wetlands which has not yet been determined. Polaczyk indicated what he felt would be the worst case total project cost to the City would be $200,000. L� MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #114 - County Road 15 Orono Lane to Wayzata Border - Continued) • Polaczyk continued that there were several possibilities where the City could reduce their costs. One option was to allow the County the use of the existing road bed known as the Ferndale Cutoff. This would allow the road bed to be used for flood plain mitigation for a $30,000 savings to the City. A price per square footage would have to be determined. Callahan received Polaczyk's confirmation that the road bed would either have to be abandoned or vacated. Hurr asked what the savings would be for the County. Polaczyk said the savings would amount to $45,000 of the $120,000 in mitigation costs if the cutoff was used. Jabbour informed Polaczyk that the City should receive the total benefit from the use of the road bed as it is owned by the City. Polaczyk said the County has determined the value of the road bed to be $15,000. Polaczyk is of the opinion that the City should give the land to the County and would then save their 50% share of the savings or $7,500. Kelley clarified that there would be a cost of about $100,000 to gain approval by the MC". Polaczyk said he felt it would be $70,000 based on what is the worst case scenario. • Jabbour noted that the MCWD has a regional plan. The City can do its own plan or contribute to a regional pond with the MCWD acting as a custodian. Kelley agreed but noted the fiinding is based on what money is gained from the City. Jabbour said he did not feel the City should contribute to the MCWD until the MCWD agrees to provide a regional pond in Orono. Polaczyk said he agrees but was informed by the MCWD that the project would not be held up. Jabbour said it was his hope that the mechanisms to deal with the problem would not hinder the project. Callahan reviewed the information provided by Polaczyk regarding the project and its costs. Polaczyk noted that the County has applied for a construction speed zone reduction to 35 mph. He noted if the project was approved by the Council, it would then proceed to the MCWD for permit approval. Polaczyk was asked if railroad permission was required. Polaczyk said the clear zone easement for the railroad has not yet been completed. He informed Kelley that the costs projected include the easement cost. CJ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #1B - County Road 15 Orono Lane to Wayzata Border - Continued) • Jabbour said he was in favor of the project but not with allowing the cutoff to be taken and receiving only half credit. Polaczyk informed the Council of the cost policy of the County. Callahan told Polaczyk that the policy does not solve the problem and informed him that the City should get credit for the full value of the property. Polaczyk responded that if the cutoff was not used, it would increase the cost to the City. Hurr told him the cost savings would also be to the County. It was noted that all other cities also share a 50/50 cost as applicable in County road construction. Callahan told Polaczyk that the City was not in the position to reach a cooperative agreement at this time. Goetten asked when the agreement with the railroad would be reached. Polaczyk said it would occur after January 1, 1997. He explained that the right of entry was required for construction. If condemnation is required, a judge makes the determination and imposes a 90 day rest period and a fair market price is established. Jabbour and Goetten were of the impression that railroad property could not be condemned. Hurr said she was asked why the County spent money for an overlay prior to a major reconstruction. Polaczyk said the overlay was necessary to aid the road in lasting over the winter months ahead. Kelley said he would like to look at specifics of the design. Goetten asked for copies of the design to review. • Jabbour informed Polaczyk that he felt the City would contribute their 50% share but would want 100% credit for the Ferndale Cutoff property without exception. Callahan said it was his opinion that the project as a concept should move forward. Callahan moved, Jabbour seconded, to continue action on the application to the December 9 Council Meeting. Vote: Ayes 5, Nays 0. ( * #2) CONSENT AGENDA Items #4, 6, 7, 9, 17, 18, 19, and 20 were added to the Consent Agenda. Jabbour moved, Hurr seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF NOVEMBER 12, 1996 Jabbour moved, Hurr seconded, to approve the Minutes of the Regular City Council Meeting of November 12, 1996. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner McDermott reported on the discussions regarding the trail and its location on the O'Sullivan/Culver's project. The Park Commission would like to see the trail along Navarre Lane to effect a safe access. McDermott indicated the Park Commission is meeting with representatives of the Antoine Park neighborhood regarding park improvements. McDermott extended the Park Commission's appreciation for the intern and his work on the park inventory which should be complete in January, 1997. He noted that the committees were working on the issues of parks and open space, long term funding, tree planting, and park needs along Hwy 12, which were brought forward at the work session. McDermott passed on information to be given to the ice arena representatives regarding • ADA requirements in regards to spectators. McDermott thanked Mayor Callahan and Council Member Hurr for their support over the extent of their terms of office. PLANNING COMMISSION COMMENTS Commissioner Stoddard had no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #4) #2188 MARY K. RICE, 1570 NORTH ARM DRIVE - VARIANCE - RESOLUTION #3805 Jabbour moved, Hurr seconded, to approve Resolution #3805. Vote: Ayes 5, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #5) #2192 ROBERT AND WENDY BEUTLER, 1331 NORTH ARM DRIVE - tiARIANCES - RESOLUTION #3806 • The applicant was present. Mabusth reported that the property is located on North Arm Drive. The applicant seeks approval of a lot width variance as it does not meet the 140' width at the shoreline or at the 75' setback. All other setback requirements are met by the new residence. An issue for discussion is the applicant's desire to maintain the current principal structure and to maintain heating and plumbing facilities. Mabusth informed the Council that the Planning Commission approved the application 3:1 with the condition that the plumbing in the kitchen be removed and only the sink and stool remain in the bathroom. The minority vote's opinion noted the difficulty in reaching a decision when there are no clear standards for such a use. Mabusth cited a previous application with expanded living area :within an upper level of a newly constructed detached garage and restricting use as an independent dwelling unit with the use of a restricted covenant. The property in that application did not meet the area requirement for a guest house. This property is 1.13 acres in size and does not meet area standard for a guest house. A variance application on last month's agenda was approved for maintaining the principal structure as an accessory structure with additional living space via a restrictive covenant. The variance for that application was for the accessory structure being in front of the principal structure. Mabusth said the Planning Commission struggled with the issue of ease to convert an • accessory structure into a guest house or apartment with heating and plumbing. They felt it would be difficult to police even with the restrictive covenant. The minority vote asked the City to develop standards as similar cases have come before the Commission on a more frequent basis. Mabusth noted the application was only being reviewed due to the lot width variance required. She asked the Council if the application should be reviewed as a separate item or if the code should be revisited. Callahan noted the applicant's plan to use the structure as a workshop and office with bathroom facilities. Hurr added that it could be slept in. Goetten said her concern was with the lack of any designation for such use. She questioned what might happen in the future with other applications. Jabbour noted it was not only a problem for the zoning district but also a problem for other applicants. He said he is sympathetic to the need to provide for relatives and would like to revisit the housing code. He saw this application as set aside from other scenarios questioning why others would apply for a guest house CUP if this could be done. Jabbour cited an example where SAC charges were applied for a guest house use. • L MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • ( #5 - 92192 Robert and Wendy Beutler - Continued) Mr. Beutler said it was not their intent to use the structure as living space for others but only for additional space for workshop. He noted the building is in excellent shape and there is no problem with hardcover on the property. Beutler said he and his neighbors feel it would be a shame to remove such a building. Beutler said the 120' separation from house and accessory structure was a reason to request the bathroom facility remain. He indicated the sewer line could be hooked up to for the new house as well as old. He volunteered to place limitations on the property on the abstract itself noting the restrictive covenant would nin with the property on the chain of title. Goetten was informed the proposed size of the new residence is 1200 s.f. Jabbour explained to the applicant how Orono is seen as a bedroom community and only allows guest houses if there is adequate room for future subdivision and an additional sewer access charge is paid. It is his opinion that this application is in direct conflict with the objectives of the City. He noted concern with what could happen in the future and sees a solution with the removal of plumbing and heating. Jabbour indicated that approval of the accessory structure usage with plumbing and heating would have a domino effect on a policy beyond this proposal. Hurr was informed the current garage would be utilized by the new residence also. • There were no public comments. Hurr noted that the cost of enforcement would be born by the applicant. Mabusth indicated the current resolution does not stipulate that but could be amended. Callahan informed that this would not protect the City. Kelley moved, Jabbour seconded, to approve Resolution 93806 for the lot width variance only. Vote: Ayes 5, Nays 0. Hurr asked for an explanation on previous applications. She inquired if a CUP for a guest house could be obtained. Mabusth noted the lack of appropriate acreage as found in the other applications. She said she would like to see standards developed. Hurr said she would be in support of the proposal if the plumbing was removed. Mabusth did note the applicants intend to live in the structure while the new residence is being built. Kelley indicated if the lot was vacant and a new structure was built and the applicant desired an accessory structure, he could do so. He informed the applicant if the heating and plumbing were removed, the structure could remain without requiring the City's approval. Jabbour asked the applicant to work with Staff on what makes a structure an accessory • stricture. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #5 - #2192 Robert and Wendy Beutler - Continued) Goetten suggested the Council review the code regarding • Go gg 8 g such situations. The Council members agreed. (City Attorney Radio arrived at this time.) ( * #6) #2194 DAVID ALAN SUTHERLAND, 1365 ARBOR STREET - VARIANCES - RESOLUTION #.3807 Jabbour moved, Hurr seconded, to approve Resolution #3807. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan asked Moorse to extend his appreciation to the Office Staff, Dorothy Hallin, Lin Vee, Carole Haseman, and Jamie Gemar. Jabbour reported that an applicant at a recent LMCD meeting requested the ordinance be changed to allow vending on Lake Minnetonka, specifically Big Island, as he would like to sell items from a pontoon. The LMCD members said they would consider it. The Water Patrol is against the idea. Jabbour informed them that the only areas of commercial activity in Orono are in Navarre and the Hwy 12 area, and commercial activity is not allowed to occur on docks. Jabbour said he was asked what his opinion • was about cruise boats. Jabbour informed them they were regulated. Jabbour asked Gaffron to review the matter of the City's authority to regulate activity occurring on the lake near the lakeshore. Callahan suggested a resolution be drafted in opposition to the proposed commercial activity. Jabbour said he informed the LMCD they should speak with the other 14 cities. Jabbour would like to inform those cities of Orono's position. Both Callahan and Kelley agreed that such activity should not be encouraged. Callahan moved, Goetten seconded, that Staff be directed to draft a resolution in opposition to the concept of allowing products be sold from boat crafts on Lake Minnetonka in the area of Orono and to direct Staff to convey the Council's opposition to the concept to the LMCD. Vote: Ayes 5, Nays 0. Goetten reported that the Land Use Planning Committee of the Met Council discussed the opportunity for the cities to amend their comprehensive plans, and discussed changes being made by the Met Council. The Met Council will be visiting a number of cities to explain their position. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • (Mayor /Council Report - Continued) Kelley asked for an explanation on the agreement made with the DNR regarding winter use of the Maxwell Bay access noting it is being plowed and used for parking. Hurr said she understood the access could be plowed by a person because of the elimination of parking on CoRd 51 for use by ice fishermen in the area. Jabbour noted the DNR had agreed to use the docks to barricade the ramps to eliminate their usage. He indicated the DNR has used cement blocks for this purpose. Jabbour commented that the no parking applies to both CoRds 51 and 135. Callahan asked to see the policy regarding this issue placed in the next information packet. Hurr also indicated that the agreement was to allow for adequate parking for fishing pier usage and the 12 spaces available are for cars without trailers only. She was informed that the percentage of use was similar to other boat accesses but is of the opinion that the DNR will change the parking to provide for those people using the fishing pier. Kelley asked to have charts provided at the upcoming truth in taxation hearing on December 4, 1996 explaining how the property tax collected is divided up amongst the State, County, Schools, and City. This would allow the residents to more fully understand their tax dollars at work and the City's portion of 11.5 %. He asked that the examples show different market values of properties. He noted this chart could also be used during assessment time. • Mayor Callahan asked Staff to give special acknowledgment to Bruce Dayton and his wife, Ruth Stricker, for their recent donation of land. • Moorse indicated the top six planning candidates have been interviewed and the field narrowed to three. It was determined Moorse should notify the Council Members when the final interviews are held to allow for their presence and input. (The meeting was recessed to 9:00 p.m.) ENGINEER REPORT ( * #7) CHANGE ORDER #1 - LIFT STATION #28 EXTENSION OF COMPLETTON DATE Jabbour moved, Hurr seconded, to approve Change Order #1 - Lift Station #28 project, extending the completion date to December 15, 1996. Vote: Ayes 5, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 CITY ADMINISTRATOR'S REPORT #8 LAFAYETTE RIDGE TAX FORFEIT PROPERTY • Gaffron reported the Lafayette Ridge Homeowners Association is requesting the City release Outlot C to their association and waive the street light assessment made in 1990. Outlot C is a wetland parcel that was designated to remain in the ownership of the association as a density credit and as a benefit to five parcels. The outlot went into tax forfeiture in 1994 as the developer never made the County aware of who should receive the property tax statements. Because of the tax forfeiture, the association lost their right to redeem the parcel last year. Gaffron indicated there were three options available, and Staff is recommending the City assist the association in regaining the parcel. The options include: 1) Release the property for sale to adjacent landowners only, since it is unbuildable; 2) activate the City's Housing and Redevelopment Authority and have the HRA purchase the property for sale to the LRHA; or 3) apply to the County for a cancellation of the forfeiture based on an incorrect method of special assessment, i.e., assessment of an outlot rather than the benefited homestead lots. Another issue indicated by Gaffron for resolution is LRHA's request for waiving the street light assessments, of which no portions have ever been paid. The Council's options include: 1) Deny the waiver and require payment of past due amounts as a condition of release of the property; 2) approve a partial waiver of the assessments; or 3) waive the • entire assessment. Callahan inquired about the amount of assessment. Gaffron noted the principal amount to be about $2500 and $2800 -$2900 after accrued interest. Callahan asked what would have happened if the assessment was not against Outlot C. Gaffron said it would have been spread over the five homestead parcels. Hurr noted that those five parcels do not abut Co Rd 15. Gaffron indicated the original assessment was $3.90 per front foot charged to all abutting properties. Callahan inquired since the assessment is to the City and alien is on the property, how is it the County or State benefits by acquiring the property instead of the City since it is the City's debt. Moorse explained that once the property goes tax forfeit, it becomes State property and the City gains the right to acquire it if the City decides it needs the property. Callahan asked if there were any restrictions if the property were acquired. Moorse reported it would have to be for public use. Gaffron said the City has not had any intention to acquire it. Callahan noted the Council has not studied it. He questioned the County rule regarding the option of going through the HRA. is 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • ( #8 - Lafayette Ridge Tax Forfeit Property - Continued) Kelley suggested acquiring the property. Callahan asked if there was any public use. Hurr questioned whether the property could be counted twice regarding wetland mitigation while Moorse questioned whether it can be used for mitigation. Mabusth said it could not as it is already wetland. Gaffron noted there is a conservation easement over it now and only the perimeter is dry. Jabbour indicated that the five parcels using the property as a density credit would become non - conforming if the City were to acquire the land. He also noted the use by the community for drainage and the need to maintain it if it is acquired_ Kelley questioned whether the City would assess the residents for the maintenance. Callahan indicated the easement allows the City to have the right to drain into it. Jabbour said he sees no reason to acquire the property. Kelley noted a case could be made for the health and welfare of the City and its responsibility if a problem were to arise. Kelley questioned who should have been assessed for the outlot. Callahan indicated those who benefit should be assessed. Hurr was informed commercial assessment was at $12.00 a lineal foot for the street light project. Kelley suggested giving the parcel back to the association and abating the assessment. Hurr supported that suggestion. • Goetten said she supports giving the parcel back but not necessarily to abating the assessment. She noted that people are still responsible regardless of notification. • Callahan inquired what method would be used to give the parcel back. Moorse suggested the cancellation option. He noted there may be additional costs involved. This method would avoid using the HRA and avoids the need to sell it to the adjoining landowners. Callahan noted it also postpones the question of how much needs to be collected. Jabbour and Hurr said they would like a decision to be made on the assessment at this time. Bruce Palmer, President of the Lafayette Ridge Homeowners Association, asked where the street lights were located and was informed of their location. He is of the opinion that it is inappropriate to assess swamp land. He did indicate that the property tax statements were now reaching the correct parties. He questioned the benefit to the homeowners when the lights are located on a County road several blocks away. Callahan informed him the whole tax roll would otherwise be assessed. Palmer said he spoke with Mr. Hoecherl at Hennepin County Tax Forfeit Department, who informed him the County is favorable to the cancellation. Palmer requested the assessment be abated. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 19.9E ( 98 - Lafayette Ridge Tax Forfeit Property - Continued) Hu rr moved Kelley seconded , to abate the assessment and ask the County to cancel the • forfeiture, and to require the association to pay any costs incurred in the process by City Staff and Attorney. The reason for this decision is based on the lack of any benefit to the property owners who would be assessed. Callahan suggested that if the assessment is to be abated, it should be based on fairness to the property owners who were not informed of the assessment, the passage of time since the assessment, and the demininous amount of the assessment. Goetten said she does not agree with the abatement. Vote: Ayes 3, Nays 2, Callahan, Goetten. ( * #9) 1997 FEE SCHEDULE - DRAFT ORDINANCE - (INFORMATION ONLY) The Council was provided copies of the Draft Ordinance for the 1997 Fee Schedule. ( #10) DRAFT NOISE ORDINANCE Moorse reported that Staff is asking for Council's input on the draft of the noise ordinance. Kelley informed Moorse that he feels there is no need for the ordinance. Hurr noted the police were requesting the ordinance. • Goetten indicated the ordinance would allow a resident to call the police to report a violation of the ordinance and not need to be identified as a person reporting a nuisance. Kelley said he believes there is too much regulation and common sense should prevail. Goetten said she feels some people lack common sense and show a need for such an ordinance. 7abbour noted there is a misconception that the level of sound is the problem when it can be the pitch. Callahan indicated the police see the need for an ordinance but not necessarily as drafted. Harvey Reder, 3525 Livingston, said he read the draft and would like to see it adopted. He noted the reference to sound level and time of day on page 3, item 3C. He asked if the wording could address the issue of unattended equipment, such as a "boom box ". Reder believes it is unreasonable to force a resident to listen to music not of his liking. Callahan informed him the Council is not taking action at this time but only giving their comments. 14 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • ( 410 - Draft Noise Ordinance - Continued) Kelley asked about the noise of jet skis. Callahan cited the ordinance adopted for Long Lake regarding this issue. Kelley indicated he felt the draft ordinance was an example of over regulation. Callahan said he felt an uneasiness with the practicality of strongly regulating normal residential activity but is concerned with the number of activities reported, and understood the resident's concern. Kelley recommended Chief Cheswick be in attendance when this ordinance is again discussed. He would like to know how these concerns are being enforced now. Goetten said she was concerned with neighbors arguing with each other and liked the idea of another party, the police, intervening. Kelley opined that the person being reported would know who made the call. Mr. Reder indicated that he had spoken with his neighbor three times prior to calling the police to no avail citing the neighbor's reaction. Callahan indicated he sees a benefit in having a noise ordinance. • The Council directed Staff to review the draft ordinance in light of the Council's comments, and bring it back for Council consideration in January of 1997. • ( #11) 1997 NON -UNION COMPENSATION ADJUSTMENTS - RESOLUTION #3808 Moorse reported to Council the recommendation of an annual adjustment for Staff of 3% in wages and no change in health insurance contribution. Callahan voiced concern over raising the wage amount for non -union without having come to an agreement with union which may cite this example during their negotiations. He said the raise for non -union employees should be held to that of the union employees. Moorse responded that there has not been any settlement with the union. While noting the preference to settle with the union first, this has not occurred and sees the recommendation as a reasonable increase for both union and non - union. Hurr inquired about the change at time of budget projections of 2.75% increase to the 3% increase now recommended. Moorse said he has now received updated numbers on the consumer price index of 3.1 % and on what other cities are recommending at 3.0 %. When asked what cities he was referring to, he noted he polled 8 or 9 lake area cities. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #11 - 1997 Non -Union Compensation - Continued) • percentage Goetten asked what the difference in ercenta e would relate to in a dollar figure. She was informed the total cost would increase by about $4,000. Jabbour made it clear that it was not necessary to be in the union to be treated fairly. Kelley said he was in support of the 3% increase. He did ask that the Council and Staff review job values to ensure positions are correctly placed in the pay schedule. Hurr noted her request she has made in the past for review of merit pay and salary stages. Jabbour moved, Goetten seconded, to adopt Resolution #3808 to approve the 1997 non- union pay plan adjustments as follows: A 3% pay increase, and a mileage rate of $0.31 /mile. vote: Ayes 5, Nays 0. ( #12) SAGA HILL PARK ACCESS ALTERNATIVES Moorse indicated the need to determine short term and long term access for the 9.5 acre tax forfeit parcel and the 13 acre natural area parcel on Saga Hill. He presented different alternatives for Council's recommendation. He noted the use of the Fairview Church parking lot is satisfactory on a short term basis, but the conditions under which an agreement may be obtained indicate the need for a long term alternative. Moorse recommended the proposed long term access to be that of Garden Lane which now • exists, is platted, and allows access to the 13 acre parcel, which, in turn, allows access to the tax forfeit parcel. Kelley asked what effect it would have on the top of the ravine. Moorse noted it would run along the edge of the ravine but felt it was doable. Goetten questioned the concern of access to all of the parcels. Moorse said Garden Lane is platted to serve a number of parcels. He noted that lots 1 and 2 can be served by Garden Lane without affecting the park land. However, if Garden Lane is to serve lot #3, Garden Lane would be extended along the edge of the ravine creating a separation between the natural ravine and the open space. The City, however, has the obligation to provide access to those lots as they are buildable. Kelley suggested replatting the property. Moorse said that was possible with the parcels along the platted right -of -way still having the right to use the access. Kelley noted the replatting could begin past those lots indicated. Moorse stated there would still be a problem with lot #3. It was indicated that lots #4, 5, and 6 could use the access as a driveway if it was replatted. Kelley was concerned that it would result in a 24' wide bituminous roadway. These lots have no sewer access. Lots 4 and 5 are about 2 -1/2 acres in size and lot 6 is larger. • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • ( 412 - Saga Hill Park Access - Continued) Kelley asked if there was an easement to the north. Moorse said there is a partial easement to serve other parcels. Callahan asked if the ordinance for 3 lots on a driveway would apply. Gaffron indicated it would but using that route would require expensive lowering of the County road. He noted that while Lot 6 has the right to use Garden Lane, it could use Highview Lane when it is opened up. Highview Lane was noted as a dead end connection to Wildhurst. Garden Lane could also connect into Highview. Callahan suggested moving Garden Lane by jogging by Lot 2 and eliminate access to Lot 3 which would eliminate separating the nature area from the ravine. Moorse noted the potential in acquiring Lot 3 in exchange for another piece of property. Kelley questioned if Garden Lane would have to be built to public standards if the owners of Lots 4, 5, and 6 wanted access. Kelley did note it would be at the cost of those owners. Kelley indicated the possibility of access from CoRd 19 would not be favored by the neighbors. Callahan asked if there was any other option other than acquiring Lot 3. Moorse said there was not. He noted the exchange of property would require the approval of the DNR. Moorse said it would be contingent on finding a solution for access to Lots 4 and • 5. Moorse asked if the Council would rather see access elsewhere for Lots 4 and 5 than from Garden Lane. The Council agreed. Suggestions were access from the north or west. Callahan noted the road to the north could be condemned to serve them. • Jabbour asked how the tax forfeit parcel would be accessed if Highview Lane was abandoned. He was informed by Garden Lane. The suggestion was made to have Garden Lane jog and stop at the park land, abandon Highview, and make the land into one parcel. Kelley suggested the Park Commission review the access issue. Hurr agreed. Callahan also suggested the Planning Commission review access. Jabbour agreed as the issue of constructing a road would be under their review. Hurr moved, Goetten seconded, to refer the access issue to the Park and Planning Commissions. Callahan asked if there were any public comments. Dwight Affeldt, resident of Tonkaview Lane, indicated his favor of a walk -in access. Affeldt sees no reason for residents to drive into the park property. He suggested the parking lot of Fairview Church be used for car parking. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 ( #12 - Saga Hill Park Access - Continued) • Steven Valek, 4720 Tonkaview Lane, indicated his preference of Garden Lane for access. Since Tonkaview Lane does not provide for parking, Valek suggested entering through Garden Lane, dead ending, and creating a parking area. Kelley voiced concern over the potential for using the area for partying. Valek said he did prefer natural walking trails as suggested by Affeldt. His parking suggestion was made if parking is necessary. Another public comment supported walk in traffic only. This resident of North Shore Drive sees no reason to address the parking issue until it becomes a problem. Goetten noted the park is for the use of the whole city and future needs should be addressed. Jabbour asked if the donor of the large donation towards the purchase of the Saga Hill land would like recognition. Patti Affeldt said the donor asked to remain anonymous. Callahan asked for an update on the access from the Valek property. Gaffron indicated the 10' platted alley is located west of the Valek home. Staff has recommended a 20' access. Hurr asked the Valeks where they would like the access located if it was moved. Valek said the access was provided for utilities and would like to see it remain for utilities only and preferred vacation. Mrs. Valek said moving the access would destroy their adjoining parcel. Hun was informed that the Valeks have paid for sewer assessment for two units. Goetten said she has never supported using that access for park land access. Callahan noted that access should be retained. • Valek inquiring after his previous request for an additional 1/2 acre of land adjacent to his property. Moorse indicated that the tax forfeit property acquisition has not been finalized. Moorse noted that the reason discussion began regarding the access from Garden Lane was a result of an inquiry from the owner of Lots 4 and 5. Vote: Ayes 5, Nays 0. Callahan asked Staff to inform the Commission chairs to make their recommendations in a timely manner. ( #13) FISCAL POLICIES Mayor Callahan indicated it was unwise to make a decision regarding the fiscal policies at this time and suggested tabling the item until it has been reviewed at a work session. Callahan moved, Kelley seconded, to table agenda item #13 regarding the Orono Financial Management Policies. Vote: Ayes 5, Nays 0. • 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 • ( #14) DONATION BY LONG LAKE STATE BANK TO ORONO POLICE DEPARTMENT Callahan moved, Goetten seconded, to accept the donation of four sets of "stop sticks" with an approximate value of $1,200.00 by Long Lake State Bank to the Orono Police Department and to acknowledge Long Lake State Bank for its ongoing support of the Orono Police Department. Vote: Ayes 5, Nays 0. ( * #15) RECERTIFICATION OF OTTEN BROTHERS ASSESSMENT - RESOLUTION #3809 Jabbour moved, Hurr seconded, to adopt Resolution #3809 Amending the Assessment for the Improvement of Willow Drive from the Intersection of Trunk Highway 12 to 650 Feet North of Willow Drive. Vote: Ayes 5, Nays 0. ( * #16) APPOINTMENT OF PUBLIC SERVICES DIRECTOR - GREG GAPPA Jabbour moved, Hurr seconded, to appoint Greg Gappa to the position of Public Services Director effective December 2, 1996 at a starting salary of $50,844; and providing for quarterly performance reviews, and a 2.5% salary increase at 6 months if merited by the level of performance. Vote: Ayes 5, Nays 0. 0 ( * #17) LETTER OF INTENT TO PURCHASE SQUAD CARS • Jabbour moved, Hurr seconded, to approve sending a letter of intent to purchase two squad cars to Superior Ford. Vote: Ayes 5, Nays 0. ( * #18) CERTIFICATION OF DELINQUENT UTILITY AND GENERAL FEES - RESOLUTION #3810 Jabbour moved, Hurr seconded, to adopt Resolution #3810, providing for the collection of delinquent charges for 1996 sewer and water utility services, and fees for the annual septic inspection and recycling programs. Vote: Ayes 5, Nays 0. ( * #19) 1997 POLICE SERVICES CONTRACT WITH THE CITIES OF MINNETONKA BEACH AND SPRING PARK Jabbour moved, Hurr seconded, to approve the renewal of the police service contract with the cities of Minnetonka Beach and Spring Park for 1997 and to authorize the Mayor to sign the contract documents. Vote: Ayes 5, Nays 0. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (* #20) 1997 -1999 POLICE SERVICES CONTRACT WITH THE CITY OF LONG • LAKE Jabbour moved, Hurr seconded, to approve the police services contract with the City of Long Lake for the years 1997 -1999 and to authorize the Mayor to sign the contract documents. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Radio passed out a written synopsis regarding a recent lawsuit for Council's review. ( * #21) LICENSES There were no licenses. ( * #22) BILLS Jabbour moved, Hurr seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. KVIXI l : V� ►Y Y Mayor Callahan adjourned the meeting at 10:24 p.m. Edward J. Callaha r., Mayor ATTEST: 20 •