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HomeMy WebLinkAbout09-25-2000 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 1Ze3" The City Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint, and Bob Sansevere. Representing City Staff were City Administrator Ron Moorse, City Attorney Kevin Staunton, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA 1. Approve/Amend Item Nos. 7, 8, and 9 were added to the Consent Agenda. Peterson moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. • APPROVAL OF MINUTES *( 92) Regular Council Meeting of September 11, 2000 Peterson moved, Sansevere seconded, to approve the minutes of the Regular City Council Meeting of September 11, 2000, as submitted. VOTE: Ayes 5, Nays 0. *( 43) Canvassing Board Meeting of September 14, 2000 Peterson moved, Sansevere seconded, to approve the minutes of the Canvassing Board Meeting of September 14, 2000, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Irene Silber, Representative Silber reported the playground equiment for the Navarre Park has been ordered and will be delivered approximately October 9 , with installation of the equipment to begin immediately. LAKE MINNETONKA CONSERVATION DISTRICT — Lili McMillan, Representative McMillan reported the LMCD has asked the member cities if they would be willing to support an increase in the water patrol presence on Lake Minnetonka, with a majority of the cities indicating they would be willing to share some of the cost. McMillan stated the LMCD is • proposing that 50 percent of the funds would come from Hennepin County, 30 percent from the PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • (LMCD, Continued) LMCD member cities, and 20 percent from the LMCD "Save the Lake" Fund. McMillan stated the funding at this time needs to be voluntary and cannot be mandated by the LMCD since the budget has already been submitted and approved. Mayor Jabbour stated in his view one reaction from the residents will be why a fee cannot be charged to the people who launch their boats on Lake Minnetonka and use the money to pay for the additional water patrol. Jabbour stated the State's constitution prohibits charging-a fee for launching boats on the lake. Jabbour commented the City of Mound is licensed for 519 boat slips for people who do not live on the lake, which represents approximately 25 percent of all the marina docks on Lake Minnetonka. Jabbour stated we need to explain to the residents the dynamics of how much time is spent by law enforcement agencies in patrolling the lake and how this effort needs to be better supported by the LMCD member cities. McMillan concurred that the LMCD needs to consider doing a user survey for people who use the lake to determine how many people are utilizing the lake that do not live in the immediate area. Mayor Jabbour stated in his opinion the local fishing boats on the lake are not the problem. McMillan commented a letter from the City of Orono to the LMCD supporting this item would be very helpful. McMillan stated the LMCD does not have an exact amount that each Member • City will need to contribute towards this cause. It was the consensus of the City Council to support the funding of the additional water patrol. Jabbour moved, Kelley seconded, to direct City Staff to draft a letter to the LMCD supporting the funding of the additional water patrol in the amount of $5,072.33. Sansevere suggested City Staff also draft a letter to the Member Cities who are not supporting the funding of the additional water patrol encouraging reconsideration of their participation. McMillan stated the LMCD hopes to have a decision from the Supreme Court in the near future on the water patrol issue. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION — Elizabeth Hawn, Representative Hawn indicated she would be present at tonight's meeting to answer any questions the City Council may have regarding any of the applications to be heard tonight. i PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 PUBLIC COMMENTS Jim Murphy addressed the City Council regarding the new Highway 12 corridor, noting the Mayors of Long Lake and Orono have assisted in the cities' attempt to obtain funding in the amount of $90 million for this project. Murphy commented since the two cities had been working on the issue of consolidation over the past year, this item has been put somewhat on hiatus. Murphy noted one of the major issues involved in consolidation was the impact the new Highway 12 corridor would have on this area and the fact that Long Lake would lose its City Hall, Public Works Department and Fire Department as a result of the improvements to the highway. Murphy indicated he has spoken with Tony Winiecke, Mn/DOT, who will be doing the final design work on this project. Mn/DOT will be letting bids for Stage I, which is the piece of construction between the two intersections of Wayzata Boulevard and old Highway 12 on the east and Highway 12 and Highway 6 on the west. Murphy stated the major goal at this time is to relocate the railroad, with letting of the bids scheduled for the year 2002. Murphy stated Mn/DOT is anticipating a completion date for this phase of the project to be completed in the fall of 2005 or the spring of 2006. Stage II will be let in the spring of 2004, with construction expected to be completed in the year 2006. Murphy stated Mn/DOT will be approaching the residents affected by the new Highway 12 corridor in the near future. Murphy recommended the City of Orono work closely with Mn/DOT on this issue in order to help protect the rights of the residents who will be impacted by the construction. • Mayor Jabbour thanked Jim Murphy for his efforts on this project. ZONING ADMINISTRATOR'S REPORT (44) #2596 BRENSHELL HOMES, 1181 WILDHURST TRAIL — CLASS III SUBDIVISION PRELIMINARY PLAT APPLICATION Steve Behnke, Brenshell Homes, and Tom Stokes, Brenshell Homes, were present. Weinberger stated Brenshell Homes is proposing a five lot development located at 1181 Wildhurst Trail, which was reviewed by the City Council at their last meeting, and also reviewed by the Planning Commission at their last meeting at the request of the City Council. Weinberger stated a number of concerns, which were raised by the residents in the area, have been addressed by the developer. Weinberger stated one issue City Staff has reviewed is whether this property would need to be governed by the bluff ordinance. City Staff has determined the lot does not meet all the criteria to be considered a bluff. Weinberger stated another issue of concern related to slopes, and slope protection has been addressed. Weinberger stated City Staff has reviewed this issue to insure that there is sufficient erosion control and natural environmental protection in this area. The areas on proposed Lots 2 and 5 near the ravines is primarily the concern regarding potential erosion and the stormwater management ponds. City Staff feels those issues have been addressed in the proposed igrading and drainage plan. Weinberger stated conservation easements would be placed PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • ( #2596 Brenshell Homes, Continued) over the eastern third or half of Lots 2 and 3, which means that no land in that area or slopes may be disturbed during the construction phase or in the future by the property owner. Weinberger noted the conservation easement would cover the area where a pond is proposed on Lot 1. Weinberger stated another area of concern was over proposed Lot 5, where a ravine is located. Weinberger stated a conservation easement would-be placed over the area to insure that no building or land alteration would occur in this area. In addition, drainage easements would also be placed over the ponds that are proposed for this development. Weinberger stated a third concern raised by the residents was in regards to a wetland area in the area of Lot 1. Weinberger stated City Staff has reviewed two separate wetland delineation reports, one which was created in 1997 and the one submitted by the Applicant. The report created in 1997 delineates a small Type I wetland area approximately 1,000 square feet on Lot 1. Weinberger stated for zoning purposes, this Type I wetlands would not count against buildable area, and if the wetland should be altered in conjunction with this construction, appropriate mitigation would be required on the site by the M.C.W.D. Weinberger stated if the Watershed District were to make a finding that this is a wetland area, this property contains sufficient area in which to provide protection for that wetland. Weinberger stated the wetland report submitted by the Applicant does not delineate any wetlands . on the property. A site inspection was completed by the developer's wetland consultant and found that there was no evidence supporting a wetland in this area. Weinberger stated a fourth issue raised by the residents dealt with drainage and the potential impact to the surrounding properties. Weinberger stated the conservation and ponding areas on the property would help protect the area, with the developer proposing to redirect the drainage towards the stormwater management ponds. Weinberger stated an area approximately two and a half acres located in the center of the property currently drains toward the southerly ravine and down the slope towards Wildhurst would be redirected through a storm sewer system and into the northern pond and eventually into the northern ravine. The City Engineer has reviewed the drainage calculations and the drainage on the property and has determined that rates of water runoff following construction would not increase but would in fact be decreased dramatically to the southern ravine due to the redirection of the water runoff to the pond on Lot 5. Weinberger stated drainage swales would also be constructed towards the back of the houses to help redirect any water runoff, which would redirect water runoff coming from Lots 2 and 3 to the slopes. Weinberger stated City Staff does not have a problem with granting lot width variances to Lots 2 and 3 since this is a property that fronts on a cul -de -sac. Weinberger stated the developer has allowed adequate room to allow for a driveway and meet the required structure setbacks. Weinberger stated if Staff were to measure the entire width of the lot from the center of the property line to the side property line, both lots far exceed the 140 feet that would be required for this zoning district. Weinberger noted each of the lots have frontage on a public roadway, which is Wildhurst Trail, and at the structure setback, both lots also exceed the 140' feet width. Staff has determined that the developer could develop lots in this area that would meet lot width, but it would require extension of the road and cul -de -sac. Staff prefers the location of the road and cul- r PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 ( #2596 Brenshell Homes, Continued) de -sac as presently proposed since it allows for better redirection of stormwater and requires less grading and less hardcover on the property. The Planning Commission voted four to three to recommend approval of the request by the Applicant for a five lot plat. There were concerns expressed by some of the members of the Planning Commission regarding the wetland delineation as well as final determinations regarding the protection of the ravines and the environmental impacts of developing this property. Weinberger stated if City Council would recommend approval of this application, City Staff would recommend approval be subject to the following conditions: 1. Lot width variances be approved for Lots 2 and 3. 2. Drainage and utility easements be dedicated on the final plat 10 feet along exterior property lines and five feet along interior property lines, stormwater detention ponds located on lots 1 and 5. 3. Drainage easements shall be dedicated for the lower ravine located on Lot 2 and a conservation and flowage easement shall be dedicated over the south portion of Lot 2 to ensure the higher elevations of the ravine are also protected. • 4. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal and over the east side of Lots 2 and 3.. 5. Utility installation shall require directional bored lines under Wildhurst Trail and between Lots 2 and 3. 6. Subdivider shall satisfy all concerns and requirements noted in the letter dated August 15, 200, by Tom Kellogg, City Engineer. Steve Behnke, Brenshell Homes, stated they have addressed the concerns regarding slopes and vegetation by dedicating in excess of two acres in conservation easements, with the homeowner's association being responsible for the maintenance of the stormwater ponds as required. Behnke stated their wetland delineation report is currently being reviewed by the Watershed District. Behnke stated if the Watershed District does determine that there is actually a wetland in the area, they are willing to comply with whatever requirements are required by the Watershed District. Behnke stated they are in agreement with the easements being requested and the conditions being recommended by City Staff on this property. Behnke stated it his opinion the lots meet the required width and are in fact in excess of the requirements. Tom Stokes, Brenshell Homes, stated they have reached an agreement with John Culliton 40 to purchase Lot 3, who has indicated it is not their intent to construct a structure on this lot. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 \J ( #2596 Brenshell Homes, Continued) Stokes presented a brochure from Charles Cudd, Builder, illustrating the type of housing to be constructed within this development. Mayor Jabbour commented the style of the house is not relevant at this time but the City Council is more interested on the impact the development will have on the area. Kelley inquired whether the developer would not be able to disturb any land located within the conservation easement. Weinberger stated the the land within the conservation easement would not be altered. Kelley inquired whether any regrading would be done on Lots 2 and 3, which are contained within the conservation easement. Weinberger stated the conservation easement language for the portion located next to the house would allow for the regrading of the house but following completion of the regrading work, no further land alteration could be done in this area. Weinberger stated a drainage easement will be taken over the drainage swales. Kelley noted some land alteration and tree removal will occur behind the houses on Lots 2 and 3 in order to achieve the proper drainage. • Sansevere inquired how the selling of Lot 3 would impact the drainage being proposed for this area. Sansevere inquired whether the proposed regrading on Lot 3 would still occur. Stokes indicated it would be up to the property owner to determine what grading will occur on the property. Mayor Jabbour commented that perhaps language should be included in the resolution that no home will be built on Lot 3 to insure that no residence will be constructed in the future. John Culliton, 1131 Wildhurst Trail, stated they have not discussed anything beyond the purchase of the lot. Culliton stated it is not his intention to construct a structure on the property at this time. Kelley commented the City does not have any protection that a house will not be built on this lot in the future. Flint inquired if the conservation easement is at contour 1014, what the level of the cul-de -sac is at. Weinberger stated the cul -de -sac is at 1023. Flint inquired what the height of the berm and the ditch would be at. Behnke stated the drainage swale would be at 1016, with the area at the rear of the houses being • PAGE 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 ( 92596 Brenshell Homes, Continued) at 1021. Behnke stated the berm would be essentially a foot and a half higher than the existing grade to create the drainage swale. Behnke stated the holding ponds will meet N.U.R.P. standards. Mark Kjolhaug, 26105 Wild Rose Lane, Shorewood, stated his company has completed the wetland determination on the property. Kjolhaug commented it was his understanding the wetland in question is not delineated on the City's wetland inventory. 11 Mayor Jabbour stated a report completed in 1997 shows a wetland in the area. Kjolhaug stated they have viewed the site and found based on their study of the land and the type of soils and vegetation in the area that no wetlands exist on the property. Kjolhaug stated the Watershed District is evaluating their information at the present time and will be providing their comments in the near future. Kjolhaug stated the Watershed District has given preliminary approval to their wetland report but would like to compare it with the study done in 1997. Mayor Jabbour inquired what would happen if the Watershed District does determine that a wetland exists in this area. Behnke stated a Type I wetland is not counted against the dry buildable area. I* Kjolhaug stated it was his understanding the 1997 report described it as a Type I wetland. Mayor Jabbour stated if this preliminary plat were approved tonight, it would be subject to the reconunendations of the Watershed District. Kjolhaug stated their determination that no wetland exists in this area was based primarily on the absence of wetland soils and hydric soils, which are not affected by rainfall. Mayor Jabbour inquired if a Type I wetland were to be found in this area, whether a conservation easement would be granted over the area. Weinberger stated the City would receive a conservation easement over the wetland, which is all that is required for a Type I wetland. Behnke stated they are subject to the Watershed District's review and approval of the drainage and grading plan for this development following preliminary plat approval. Mayor Jabbour noted that although the public hearing was held at the Planning Commission, he would allow some public comment regarding this application. Sandy Rasmussen, 1186 Wildhurst Trail, stated the residents in this area do support an appropriate development for this area but not one that would negatively impact the area. Rasmussen stated the issues that have not been addressed in their view deal with the delineation of the wetlands, water runoff, erosion, preservation of the natural environment, and the steepness • of the slopes. Rasmussen requested the City Council further address their concerns prior to PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • ( #2596 Brenshell Homes, Continued) approval. Rasmussen stated as it relates to the delineation of the wetlands, the residents in the neighborhood requested Barr Engineering conduct a review of the area to determine whether a wetland does indeed exist in this area. Rasmussen stated the report completed by Barr Engineering does show a forested wetland located approximately 100 feet northwest of the south ravine, which may be substantially larger than the wetland indicated in 1997. Rasmussen stated the area meets the three critical criteria for determination of a wetland and this issue needs to be further addressed. Rasmussen stated one of the central issues relating to this development relates to the impact to the watershed as a result of the water runoff and erosion that may occur with this development. Rasmussen stated a third concern is the issues relating to the road alignment of Garden Lane to the cul -de -sac, has apparently been addressed by changing the road to be perpendicular. Rasmussen stated what has not been addressed is the relationship of Garden Lane and Tonka view, which is an extremely steep and narrow roadway with a number of driveways accessing that roadway. Rasmussen stated the driveway in the immediate vicinity of Garden Lane is hidden from view by foliage and is within several 100 feet of the area being recommended for an intersection. Rasmussen stated she is unsure whether this issue has ever been addressed, and requested that this matter be reviewed. Rasmussen stated the fourth issue of concern deals with the erosion and water runoff both during and following construction. Rasmussen stated the possible erosion and water runoff from this development will affect the whole area and has not been adequately addressed. Rasmussen stated in her view the removal of the tree canopy is not in compliance with Orono's Visibility Ordinance. Rasmussen stated it is her understanding that an area at least 250 by 450 feet will be cleared of all trees and will result in a big gaping hole which will be there for many years and change the character of the view of the lake. Rasmussen stated Orono's Municipal Code, Section 11.60 says in the preservation of the natural features and the amenities that all trees on the subdivision plan required to be retained shall be preserved, and all trees where required shall be welled and protected against grading. The vegetation map shall show the number and location of existing trees as required by this Chapter and shall further indicate all those marked for retention and the location of all proposed shade trees. Rasmussen stated they have not received any indication which trees will be retained and which trees will be lost, which raises a number of concerns. Rasmussen presented the City Council with some color photographs depicting the area to be developed and the tree canopy as it exists today. Rasmussen stated another issue is the definition of dry buildable area and the steepness of the slopes in the area. Rasmusssen indicated the slopes on Lots 2, 3, and 5 contain slopes which are greater than 12 and 18 percent slope and contain soils which are not suitable for development. Rasmussen stated in her view the majority of the lot area is not buildable and does not meet the City's ordinance due to the slopes in the area. Rasmussen quoted Municipal Code, Section 11.30, which states land which Council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, soil conditions, rock formations • PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 ( #2596 Brenshell Homes, Continued) and adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or the surrounding area shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Council upon recommendation of the City Engineer to solve the problems created by the unsuitable land conditions. Rasmussen stated a number of these conditions exist on this site which make this property difficult to develop and need to be fully addressed. >> Rasmussen expressed concerns regarding the conservation easements, and also encouraged the City Council not to approve the lot width variances since a hardship has not been demonstrated. Mayor Jabbour commented the people in the audience perhaps should be informed as to how the City Council processes these applications. Jabbour stated the City Council did hold a work session with the City Attorney who informed them if the City Council does not adhere to their ordinances, the City no longer has an ordinance. Jabbour stated the denial or approval of any application needs to be documented, with the City needing to hear any application within a certain period of time. Jabbour stated the City has in place a number of procedures to insure that all of these issues are addressed prior to final plat approval. Jabbour stated the developer is also required to file with the City a letter of credit to insure that all conditions are met to the satisfaction of the City Engineer and City Staff. Rasmussen urged the City Council to use their full authority to insure that all the conditions are satisfactorily met on this development. Kathleen Kasprick, 1067 Linden Lane, inquired whether Orono's shoreland ordinance was being reviewed with in this application, noting that Section 10.56 has not been included in the list of pertinent ordinances in Staff's latest report. Kasprick stated that any work commenced on this property is under the umbrella of the shoreland management ordinance. Kasprick expressed concerns that this ordinance was not being kept in mind when considering this development. Weinberger indicated City Staff has applied Section 10.56 when considering this application. Kasprick also expressed concerns regarding the wetland delineation on this property. Mayor Jabbour stated the Watershed District reviews the wetland delineation reports and will make whatever recommendations are appropriate. Jabbour stated if a Type I wetland is found to exist on this property, the dry buildable area will not be affected, but should a Type II wetland be found on the property, the developer would need to meet certain conditions as required by the Watershed District. Kasprick questioned why the lot width variances need to be granted on this development since it appears to only benefit the developer. Kasprick stated in her view there has not been a hardship demonstrated. Mayor Jabbour stated the granting of the variances is to help protect the natural environment • and to allow the natural drainage of water. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • ( #2596 Brenshell Homes, Continued) Weinberger stated City Staff feels both the cul-de -sac and Wildhurst Trail front yards since Lots 2 and 3 both front on a public roadway, which requires a 35 foot setback but is not necessary in this case since a conservation easement will be placed over the land. Weinberger stated the hammerhead driveway has been eliminated from the present plan, with the present plan to be reviewed by the Fire Chief prior to final plat approval. Flint commented his interpretation of Section 11.30 stated development will not be done unless adequate methods are formulated by the developer and approved by the City Council upon recommendation of the City Engineer to solve the problems created by these unsuitable land conditions. Flint stated until the City Council is satisfied that those methods are formulated and approved, that the City does not have to grant the subdivision approval. Mayor Jabbour stated an appropriate plan for this area must be submitted and approved in order for the City Council to approve the preliminary plat. Jabbour stated if City Staff is comfortable with the plan being presented, the City Council should consider approving it. Behnke inquired whether the City Engineer was comfortable with the level of the plan as presented tonight. Tom Kellogg, City Engineer, stated he does not have a problem with the calculations completed by the surveyor. Mayor Jabbour stated if the plan meets City's standards and requirements, he would have a difficult time not to approve the application. Behnke stated the water runoff in a 100 year event to the south ravine will be reduced by 90 percent, with the water runoff along Wildhurst being reduced by 30 percent, and the water runoff in the north ravine being reduced by 10 to 15 percent. John Dunn, 1131 Wildhurst Trail, expressed concerns with the slopes and the soils in the area, noting this is not a typical property to develop and presents some unusual conditions to work with. Dunn stated the slopes and grades need to be further analyzed on the front end to determine what more realistically can be built in this area. Dunn stated it is the view of Barr Engineering that there still are some problems with this development that have not been fully addressed, with the type of soils needing to be further analyzed. Dunn stated in his view if the Planning Commission had been fully informed of all the issues regarding this application, a different development would have ensued. Dwight Affeldt, 4765 Tonkaview Lane, expressed concerns regarding the impact the development will have on the traffic flow in the area. Affeldt stated he did raise this issue with the Planning Commission, but in his view his concerns have not really been addressed by the developer. Affeldt commented that currently there are 17 children under the legal driving age who live on Tonkaview Lane and who regularly walk on the roadway to get to and from the bus dropoff. Affeldt stated Tonkaview also experiences considerable traffic from people who utilize that road rather than County Road 19 and is a substandard roadway. Affeldt requested the 49 City Council take these issues into consideration. PAGE 10 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 ( #2596 Brenshell Homes, Continued) Steve Bell, 4455 West Branch Road, stated in his view the City Engineer has not addressed the steep slope ordinance in his August 15 letter, and inquired whether the City Engineer is comfortable that the developer has met all the terms and conditions of the steep slope ordinance. Mayor Jabbour stated it is his understanding the Zoning Administrator determines that and not the City Engineer. Jabbour commented that most walkout houses have 30 percent slopes. Gaffron stated by the granting of the conservation easement, the slopes in this area will not be changed. Gaffron stated the creation of the drainage ponds will also help protect the slopes and improve the water quality in this area. Gaffron stated in his view the plan being presented tonight meets the standards of the steep slope ordinance. Bell inquired how long construction would last. Gaffron stated typically installation of sewer, water, and roads takes approximately nine months to one year before the lots are buildable. Gaffron stated the time in which the houses will be constructed on the lots can range anywhere from two months to 20 years depending on when the lots are sold. Stokes stated they are estimating 60 days if construction begins in the spring. . Bell inquired whether a plan has been submitted regarding erosion control and stormwater management while construction is ongoing. Gaffron stated the developer will be required to comply with the City's standards relating to erosion control and stormwater management, with regular inspections being conducted by the City Engineer to insure that the conditions are being adequately met. Mayor Jabbour stated the letter of credit would stay on file with the City until all the conditions are satisfactorily met. Mayor Jabbour inquired whether the property owner of Lot 3 would need to pay a park dedication fee or sewer assessment. Gaffron stated the City will collect a park dedication fee and sewer assessment on Lot 3 since it would be considered part of the subdivision. Bell inquired what hardship has been demonstrated for the granting of the lot width variances. Weinberger stated the hardship is protection of the natural areas near Wildhurst Trail, with the extension of the road allowing those areas to be better protected and to allow for the creation of the retention plans. The variances would allow the City to better protect the drainage ravines and a greater portion of the steep slope along Wildhurst Trail. Weinberger stated both lots do demonstrate buildable sites. . Bell expressed concern that this plan would be approved subject to a number of conditions. PAGE ii MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • ( #2596 Brenshell Homes, Continued) Mayor Jabbour stated the developer will be required to meet whatever conditions are outlined in the resolution, with a number of safeguards being in place to insure that those items are completed to the satisfaction of City Staff. Larry Brown, 4775 Tonkaview Lane, expressed concerns regarding the increased traffic flow they will experience from this development, noting there are some safety issues relating to the intersection. Kelley commented the City will need to look at what steps need to be implemented to alleviate the safety concerns of the residents during construction as well. Stokes stated they would be willing to direct traffic in another direction. Shirley Bull, 4690 Tonkaview Lane, expressed concerns regarding the intersection, noting a dangerous situation is being created due to the number of driveways in the area and the close proximity of a curve. Sansevere inquired how the tree canopy will be affected by this development. Stokes stated the majority of the trees to be removed are smaller scruffy trees. Stokes stated they need to remove some trees in an effort to achieve the proper drainage in this area. Rasmussen requested that all trees to be retained and removed be identified and be included in the required conditions of approval. Flint inquired where the location of the trail would be from this development to Saga Hill Park. Weinberger stated the trail would be connected to the end of the cul-de -sac to an area further to the north where it would access to the park. Weinberger stated the exact location of the trail has not been identified at this time. Flint suggested the trail should be bituminous. Stokes indicated he would be willing to make this a bituminous surface if the City so desires. Flint stated in his view the trail should be delineated. Stokes commented a well- traveled trail does already exist in the area. Gaffron indicated the park is located directly west of the cul-de -sac. A resident in the audience questioned whether the granting of the variance which would lessen the impact to the land constitutes a hardship. Gaffron stated the developer without the variances could make the cul-de -sac longer and would • be more detrimental to the land. PAGE 12 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 ( #2596 Brenshell Homes, Continued) Mayor Jabbour stated the hardship is characteristic to the land and the circumstances surrounding it. Jabbour stated the developer could meet all the requirements to build without a variance, but the granting of a variance lessens the impact to the area by reducing the amount of hardcover and the impact to the slopes. Sansevere noted the final plat cannot be approved without the wetland delineation. Weinberger pointed out the developer is proposing public roads for this development. Flint indicated he is not able to support this application due to the concerns he has regarding Lots 2 and 3 and whether adequate measures have been taken in accordance with Municipal Code, Section 11.30. Flint noted some members of the Planning Commission recommended one or both of the lots not be developed. Peterson moved, Kelley seconded, to approve Application #2596, Brenshell Homes, 1181 Wildhurst Trail, for a Class III Subdivision, subject to the conditions outlined in the September 14, 2000 Planner's Report, subject to the review and approval by the Watershed District of the wetlands and drainage and grading for this development, subject to the preservation of the mature trees and walking path in this development, and further subject to additional conditions deemed necessary by City Staff. • Ma }-or Jabbour stated as part of the development agreement there will be covenants on the land for preservation of all mature trees outside the construction boundaries. Stokes indicated he is agreeable to that provided they are able to remove the trees necessary in order to achieve the proper drainage as approved by the City Engineer. Sansevere thanked the residents for their input on this application, noting in his view most of the concerns raised have been addressed by the developer. Sansevere encouraged the residents keep the members of the City Council apprised of the progress made during construction and to report any problems they feel exist. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, Flint Opposed. (Recess taken from 9:56 p.m. — 10:07 p.m.) *( 95) #2613 JAMES AND DEBRA RENCKENS, 3020 WATERTOWN ROAD — VARIANCE — RESOLUTION NO. 4526 Peterson moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4526, a Resolution granting a variance to allow the placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed for the property located_ at 3020 Watertown Road. VOTE: Ayes 5, Nays 0. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • *( #6) #2618 JOHN WALKER, 1368 NORTH ARM DRIVE — VARIANCE — RESOLUTION NO. 4525 Peterson moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4525, a Resolution granting a side yard setback to permit an addition to the existing residence located at 1368 North Arm Drive. VOTE: Ayes 5, Nays 0. *( #7) MARINA LICENSES Peterson moved, Sansevere seconded, to direct City Staff to issue 2000 commercial marina licenses to Windward Marina, Genmar/King's Cove, Sailor's World, and North Shore Marina. VOTE: Ayes 5, Nays 0. Mayor /Council Report follows Item No. 11 PUBLIC SERVICE DIRECTOR'S REPORT *( #8) NAVARRE PARKING LOT PAVING Peterson moved, Sansevere seconded, to approve reclaiming and repaving of the Navarre is Municipal Parking Lot at a cost of $50,000, to be funded from the "Infrastructure (road /bridge) projects" component of the PIR fund and approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. *( 0) REQUEST FOR PAYMENT #1— EAST LONG LAKE/FOX RIDGE SEWER PROJECT Peterson moved, Sansevere seconded, to approve Request for Payment #1, East Long Lake /Fox Ridge Sanitary Sewer Project to Minncomm, Inc., in the amount of $65,379.00. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #11) POLICE CHIEF SELECTION PROCESS — UPDATE AND DISCUSSION WITH HARRY BRULL Brull apprised the City Council on the efforts being taken in the selection of a new police Chief. Brull stated he is receiving a good response from interested applicants and will forward to the City Council information prior to the applicants being interviewed by the Council. Brull noted the mayors of Long Lake and Minnetonka Beach have indicated they do not wish is PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 • ( #Police Chief Selection Process, Continued) to participate in the formal interview process but would like to meet the candidates prior to a selection decision being made. Brull recommended a reception be held following the interview process to provide an opportunity for the contract city mayors, community leaders, and the Orono department heads to meet the candidates. Brull indicated they will also be speaking with each member of the police department prior to a police chief being selected. Moorse commented a profile of each applicant to be interviewed will be developed, and suggested a work session be held in which this matter can be discussed prior to the interviews occurring. Kelley recommended all letters of reference be verified. Brull stated all references will be checked, as well as secondary references being provided. The City Council expressed concerns that this process be completed prior to the beginning of the new year. The City Council directed City Staff to schedule interview sessions for Tuesday, November 14, 2000, 9:30 a.m. to 1:00 p.m., and Thursday, November 16, 2000, 7:30 a.m. to 11:30 a.m. Brull indicated he will invite the other mayors to meet the candidates during a lunch break Is following the interview process. ( #10) SCHEDULING OF COUNCIL WORK SESSIONS The City Council directed City Staff to schedule a work session for Thursday, October 26, 2000, at 7:30 a.m., and October 12 at 7:30 a.m. MAYOR/COUNCIL REPORT Peterson noted that the City Administrator, Council Member Kelley and herself have met with the Fire Department regarding the new fire station. Peterson stated three families have been notified of the possibility that their properties may be taken. Peterson noted they Nvill be meeting again in a couple of weeks to discuss the conclusions of David Kroos regarding other options that have been explored. Mayor Jabbour commented in his view the financial implications of a new fire station have not been fully considered. Kelley stated there will not be a decision on the new fire station until early next year, with construction to begin next summer. Kelley commented in his view the City of Orono should look at restricting the use of phosphorus • in fertilizers or promoting that phosphorus -free fertilizer be utilized whenever possible. Kelley PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 2000 (Mayor /Council Report, Continued) noted the City of Plymouth has restricted the use of phosphorus. Flint stated in his view Orono should promote the use of phosphorus -free fertilizer. Moorse stated phosphorus -free fertilizers have been available for years. CITY ATTORNEY'S REPORT None *( #12) LICENSES Peterson moved, Sansevere seconded, to approve the following licenses: Gambling (Resolution) 1. Mound Westonka Hockey Association, Inc., - Resolution No. 4527 The Narrows Saloon, 3380 Shoreline Drive VOTE: Ayes 5, Nays 0. 0 *( 913) BILLS Peterson moved, Sansevere seconded, to authorize payment of the All Accounts Fund. VOTE: Ayes 5, Nays 0. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:52 p.m. 7ES T: inda S. Vee, City Clerk Gabriel Ja bour, Mayor 11 PAGE 16