HomeMy WebLinkAbout04-14-2014 - minutes of city council meeting MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,April 14,2014
• 7:00 o'clock p.m.
PLANNING COMMISSION COMMENTS—JOHN THIESSE,REPRESENTATIVE
Thiesse stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
6. *ILCOX,4550 WOLVERTON PLACE—VACATION OF CONSERVATION
EASEMENT—PUBLIC HEARING—RESOLUTION NO. 6380
Curtis stated on April 10,2013, pursuant to City Council Resolution 6136,the City received a Permanent
Tree Stand and Native Grassland Preservation and Conservation Easement over the property located at
4550 Wolverton Place. The easement is currently the subject of litigation pending in Hennepin County
District Court and its continuing viability has been brought into question,which has resulted in Staff and
its legal counsel to re-evaluate the easement.
Curtis noted the Conservation Easement was granted in conjunction with the subdivision of the 4500
Wolverton Place parcel. The grassland south portion of the easement exists over most of the current
property at 4550 Wolverton Place. The grassland south area is primarily grass and it appears as a yard
area surrounded by a private fence. There is no public use of the property covered by the grassland south
area. Due to the nature and viability of the grassland south area, including its utility for the citizens of
Orono, Staff finds that there is limited to no public interest in maintaining the grassland south portion of
the conservation easement.
Curtis stated the City Council should open the public hearing, consider comments from the public, and
then make a determination on whether to adopt or amend the attached resolution vacating the
conservation easement.
Mayor McMillan opened the public hearing at 7:34 p.m.
Revis Stephenson, 1850 Fox Ridge Road,stated he owns the parcel adjoining this property and that he is
in favor of vacating the easement. Stephenson asked why the entire conservation easement is not being
vacated if it is no longer needed for public purpose and it is in the public's interest to vacate the
conservation easement. Stephenson encouraged the City Council to vacate the entire conservation
easement.
Mattick stated in order to vacate an easement, public notice has to be given and that the conservation
easement over Mr. Stephenson's property has not been noticed for a hearing tonight. Mattick stated it
would not be possible to amend the resolution to include Mr. Stephenson's parcel.
Stephenson stated he wished he had been notified prior to this about the vacation so they could have
addressed that.
McMillan indicated that would need to be a separate legal action.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14,2014
7:00 o'clock p.m.
(6. WILCOX, 4550 WOLVERTON PLACE— VACATION OF CONSERVATION
EASEMENT—PUBLIC HEARING—RESOLUTION NO. 6380, Continued)
Mattick stated it would be a separate request from this application.
Stephenson indicated he was never notified of that.
Mattick asked if he received notice about tonight's hearing.
Stephenson stated he did receive notice about this application but that he did not get a notice that he could
also vacate his easement.
Bremer noted the City Attorney was speaking about notice for this application.
Stephenson asked what he would need to do to vacate his easement.
Mattick indicated he would need to file a separate application.
Mayor McMillan closed the public hearing at 7:37 p.m.
Bremer moved,Levang seconded,to adopt RESOLUTION NO. 6380,a Resolution Vacating a
Portion of a Conservation Easement Located on 4550 Wolverton Place in the City of Orono.
VOTE: Ayes 3, Nays 0.
*7. #14-3655 BRIAN BUTTERFIELD ON BEHALF OF JOE AND DONNELLE
FELDMANN, 805 FOREST ARMS LANE—VARIANCE—RESOLUTION NO. 6381
Levang moved, Bremer seconded,to adopt RESOLUTION NO. 6381, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-78-1279(6)and 78-1605 for the property located
at 805 Forest Arms Lane. VOTE: Ayes 3, Nays 0.
8. #14-3656 NELCO LANDSCAPING ON BEHALF OF THOMAS RANGAARD,
2765 SHADYWOOD ROAD—AFTER-THE-FACT VARIANCE AND CONDITIONAL
USE PERMIT
Curtis stated last March the property owner received a permit from the City to remove a legally non-
conforming porch, also known as a hot tub room, from the south side of the home within 75 feet of the
lake. In February of 2014,the applicant met with Planning Staff to discuss City requirements and the
various aspects of some grading and construction projects that were already underway. The projects
include construction of two south facing elevated patios to replace an existing deck on the east and an
existing porch with an on-grade patio on the west side of the property which have been removed;
repaving the existing sidewalk with paver stones; and installing two rain gardens on the north side of the
property.
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