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HomeMy WebLinkAbout07-08-2002 Council MinutesORONO CITY COUNCIL MEETING J7 MONDAY, JULY 8, 2002 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jay Nygard, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrators Paul Weinberger and Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Council Member Jim White arrived at 8:45 p.m. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 9, 10, 10a, 11, 12, 12a, and 13 were added to the Consent Agenda. Item 5 was removed from the Consent Agenda. • Murphy moved, and Sansevere seconded, to approve the consent agenda as PP g amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of June-24-;2002 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of June 24, 2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — ANDREW MCDERMOTT, REPRESENTATIVE McDermott stated that the concrete pad, toilet, and screen had been installed in Navarre Park and were getting use. The plumbing for the drinking fountain at Navarre Park has been installed and the concrete pad will be in within the next week. The sidewalk proposal for along County Road 19 would go to the State soon. The neighbors around • Hackberry Park had selected green and white for a color scheme. The proceeds of the ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 PARK COMMISSION COMMENTS ANDREW MCDERMOTT, REPRESENTATIVE — Continued upcoming Dog Days of Summer golf tournament will be going to the Parks. He stated that the Parks Commission would like to be involved with the development of the Larson/Sohn property so that all the design elements are done at the same time. He invited Council to attend the upcoming Parks Tour on July 291h at 5:15 p.m. PLANNING COMMISSION COMMENTS — SANDEE SMITH, REPRESENTATIVE None. PUBLIC COMMENTS 3. Minnetonka Art Center Roxanne Heaton, Minnetonka Art Center Executive Director; Jim Dayton, architect; and Patrick Reagan, architect, were present. • Heaton stated that Kurt Woodhouse bought and subdivided a property that included a • guest house designed by Frank Gehry. He offered the guesthouse to the Art Center as a gift. She stated the guesthouse is a unique and valuable resource that needs to be preserved and opened to the public. Dayton passed out packets with information about the designer, Frank Gehry, including an article about one of his houses that was demolished in California. Dayton stated that contemporary architecture needs to _be preserved and the Art Center's opportunity to do so has far- reaching impact. Mayor Peterson stated she had met with the Minnetonka Art Center staff regarding the house. She asked Gaffron what would be required to locate the house on the Center's property. Gaffron stated they would need an amendment or CUP for an additional building that would be accessory to a school use, a variance for the setback on the north side, and a variance to allow a small portion of the building to exceed the 30' height restriction. The major issue facing the project would be its impact on the neighborhood. Heaton stated that the house would mainly be used for small classes and studio space, but they may house visiting artists there as well. Sansevere asked why the Walker Art Center had declined the gift. Heaton stated that they couldn't easily locate the house in their new construction plans and would need to store it 2 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 3. Minnetonka Art Center — Continued for some time as Woodhouse wants it moved as soon as possible. Murphy asked if the Art Center is linked to the City's trail system. Moorse stated it will be once the Dakota Line trail goes through. Sansevere stated they would not make special exceptions for them because the house is not considered art; it would be used as a functioning building and therefore would need to conform. Nygard stated that because the house is a pre- existing structure and a gift, he would not oppose the extra 5' in height. Mayor Peterson stated the Art Center should go forward and get the project on the Planning Commission's agenda. 4. Barb Sykora, Candidate for State Representative Gabriel Jabbour stated that he personally supports Barb Sykora. She has always been present at Mayor meetings and shown her support for the City's missions. Barb Sykora stated that she currently represents the southern third of Minnetonka and • some of the smaller lake communities. Due to the recent redistricting, if she is reelected, she would represent most of the lake communities. She stated she was eager to learn about the new communities in her territory and that she welcomes feedback and comments. ZONING ADMINISTRATOR'S REPORT 5. #02 -2780 Otten Brothers Nursery, 2350 West Wayzata Boulevard— Amendment to PUD Agreement #1 —PUD Amendment and Resolution No. 4829 Weinberger stated that some modifications had been made to the PUD agreement, amendment 2. First, he stated, the amendment would allow the Daisy Diner to continue to operate as a concession stand under certain conditions. They removed restrictions on allowed signage, and service will be permitted to individual tables. Also, Class I restaurants will be a permitted use on the property. He stated that the concession stand does not qualify as a Class I restaurant due to not meeting the parking requirements for a restaurant. The Daisy Diner would not be able to expand use, however, a separate Class I restaurant would be allowed on the property provided it met all requirements. Staff recommended Council adopt the revised amendment and resolution. Cliff Otten stated that the new resolution contained changes to items 3 and 8, and that he • felt item 3B should be removed because the intent of allowing a restaurant use was to 5. ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 #02 -2780 Otten Brothers Nursery, 2350 West Wayzata Boulevard Amendment to • PUD Agreement #1 PUD Amendment and Resolution No. 4829 — Continued prevent needing an amendment to the PUD. Weinberger stated that the new resolution allowed a Class I restaurant on the property in addition to the concession stand as accessory to retail. Sansevere asked if the dance studio left, would a restaurant be able to take its place. Weinberger stated that it would, provided it met all the requirements. Otten stated that the difference was between needing a review to install a restaurant and needing a PUD amendment. If restaurants were an allowed use, then there would no longer be a need for a PUD amendment. Murphy asked why they were allowing both a restaurant use and a concession stand. Weinberger stated it was because of the parking requirements. The concession stand would be allowed to remain without any changes to the facility. If, however, Mr. Otten wanted to install a Class I restaurant on the property, he would be allowed to do so provided he met all the requirements. Barrett stated that item 3B could read: the present concession stand use shall be allowed to • be expanded to a Class I restaurant so long as it conforms to all requirements, and if not, it would require an amendment to the PUD. Murphy moved, and Sansevere seconded, to adopt Resolution No. 4829 approving Amendment #2 to PUD Agreement No. 1 allowing a concession stand use within the nursery area and adding "Class I Restaurants" as permitted use for Lot 1, with the change to Item 3B stating that the present concession stand use shall be allowed to be expanded to a Class I restaurant so long 2s it conforms to all requirements, and if not, it would require an amendment to the PUD. Vote: Ayes 4, Nays 0. 6. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road — After- the -Fact Conditional Use Permit and Variances Revis Stephenson, applicant; Greg Munson, attorney; and Ron Peterson, wetland scientist, were present. Weinberger stated that the Council had approved a CUP for land alteration on the property in November to create a gradual slope, rather than the existing steep drop from the immediate back yard of the applicant's house. During inspections of the property it was determined that the amount of fill placed on the hillside exceeded what was allowed by the CUP. The land alteration not only encroached beyond the project area, but was • 4 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 6. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road — After- the -Fact Conditional Use Permit and Variances — Continued beyond the property lines onto two adjacent properties. Staff also identified areas where there is fill that was added within 26' of the protected wetland. On May 2, 2002, staff sent a letter ordering corrections. Due to road restrictions, trucks used to transport the fill were not allowed on Fox Ridge Road. A May 16, 2002 deadline was established, and at that time, Mr. Stephenson requested the opportunity to apply for after - the -fact permits rather than correct the problem. Weinberger stated that the issues were that the applicant altered the land in excess of what was allowed by the permits, encroached property lines, and came within 26' of a wetland area. He presented a cross - section view showing the previous slope of the land, the permitted slope, and the present slope. He stated that the Planning Commission recommended denial of the after - the -fact variances. The Planning Commission recommendation included a finding, based on information provided the night of the Planning Commission meeting, that a separate application is required for the adjacent property owners. Staff recommended that the variance to allow encroachment within 26' of the wetland be denied as no unique situation exists that should require an encroachment into the setback. 40 without approval of a variance to permit land alteration to occur within 26' of a wetland without demonstrating a hardship would be precedent setting. The existing grade was not consistent with the City's requirement of a 3:1 slope and should be corrected. The existing grades extended the back yard by 38', when the proposed plan was to eliminate the very steep slope, but not extend the yard. Also, staff requested that Mr. Stephenson have the adjacent property owners join him in, or consent to, the application. Both adjacent property owners consented to the project in writing. Weinberger stated there was concern over Erosion and fill washing into the wetland. Stephenson seeded the slope and planted trees at its base in an effort to prevent erosion. Any resolution should include the following conditions: 1. All slopes shall be restored with a minimum of 4- inches of topsoil and seeded with erosion control measures approved by the MCWD and City Engineer. 2. The silt fence shall be relocated to be a minimum of 26' to the edge of the delineated wetland and any fill within the area be removed, unless a variance is approved. 3. All soils within 26' of the wetland shall be decompacted following construction activity. 4. The City Engineer shall review and make recommendations on the plan prior to any additional construction activity. 5. No portion of the hill shall have less than a 3:1 finished slope. • Barrett stated that while he needed to review the new letters from non - adjacent neighbors, 5 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 6. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Conditional • Use Permit and Variances — Continued he felt that the adjacent neighbors did not need to submit applications since the changes to their property were basically committed by trespassing. Stephenson apologized for his ignorance over the entire matter and stated that he understood it was ultimately his responsibility and would accept the Council's decision. He had a contractor that did not follow City instructions, and he stated that he did not set out to disregard the requirements of the permit. He stated that the topography map supplied by the City was not accurate. Mark Gronberg, an engineer, surveyed the property for him and found the wetland delineation different from what was provided by the City. He stated that overall, the changes he made were an improvement with better drainage and a planted buffer zone. Gronberg told Stephenson that the current slope was graded between 2.1:1 and 2.9:1, and that the slope would compact and level out to the recommended 3:1 over the next year or so. Stephenson stated that he did not seed and plant the slope to influence Council. He informed Weinberger that he was going to do the plantings in order to prevent the fill from washing downhill, and if needed, he would tear out the plantings later. Stephenson passed out photos of the slope. Munson stated that the main goal was to protect the wetland and buffer zone. He asked Council for 2 weeks in order for staff to come out to the property and review the • delineations, since they had originally been done in winter with snow on the ground. He stated that Council had the power to grant Mr. Stephenson's request. Also, that Mr. Galatz's letter to the City was intended to incite and that it was written after Mr. Stephenson had acknowledged his mistakes and begun working with the City. Peterson stated that he had viewed the property regarding the wetland protection issue. He did notice discrepancies in the delineation that was done in December. He stated delineations could not be accurately made with snow on the ground. The wetland has a partial drainage under the Luce Line at the north end. It was common practice for railroad lines to install culverts under tracks so that every time water goes into the wetland, some goes out via that drain. He stated that the canary grass is non - native and inconsistent with the wetland. The area was a marsh before the drainage was installed. He stated additional time was required to refine the delineation.. Peterson also stated that given the stabilization of the slope, the landscape fabric and plantings installed, the recent rains have not caused any noticeable runoff into the wetland. He felt it would be imprudent to tear it out. He added that the applicant had no intention of mowing the buffer zone or using it as a yard, and there is now a dip at the buffer zone with the wetland being elevated, which makes it more effective. Murphy asked Peterson to expand on the discrepancy. Peterson replied that there is upland area designated as wetland, which is shown by the buckthorn and other plants • 3 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 6. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Conditional Use Permit and Variances — Continued growing there where sage meadow would have been originally. Murphy asked how much shrinkage had occurred to the wetland. Peterson stated he wasn't sure at this time. Sansevere stated he was in favor of giving them time to gather information. He asked Stephenson if he had any recourse against his contractor. Stephenson stated he would be pursuing action against the contractor. Stephenson stated he did not believe granting his variance to grade in the buffer zone would be precedent setting. He found language in City documents stating that a buffer zone is not wetland and as long as it is restored to perform as a buffer, grading could occur. He stated that Spring Hill Golf Course had been allowed to grade extensively in the buffer zone of a wetland. Mayor Peterson asked if tabling the application would create an issue with the 60 -day deadline. Munson stated that if it did, they would grant an extension of the 60 -day limit. Eric Galatz, attorney representing Mr. Chafen at 350 Brown Road South, stated that he objected to including changes for adjacent properties without requiring that they also • pursue permits for the changes. He claimed that not all residents who should have been notified were. He stated that Stephenson was required to submit a professional survey, and he hadn't. He claimed all three properties involved should be reviewed. He added that his letter was not intended to incite the Planning Commission. Galatz stated that Stephenson had blatantly and intentionally violated the law, and damaged wetland by running machinery on the wetland side of the silt fence. He urged the Council not to table the application. He stated that Stephenson had been on notice since February and could have stopped the contractor back then. He added that the small trees Stephenson had planted would be easy to uproot. - Toby Dayton of 1895 Fox Ridge Road stated that he was in support of the revised permit. Throughout the process, he and Stephenson had had conversations about the fill and Stephenson had always been communicative and careful to make sure that Dayton approved of his action. He stated he favored allowing the land to remain as it currently is. He took strong issue with Galatz terming Stephenson's action as blatantly disregarding the law. He stated that the drainage is much improved. He has 3 young children and the previous slope was a hazard. Mayor Peterson stated to Galatz that no amount of trees would stop Council from pursuing appropriate action. She asked if new surveys found discrepancies in the delineation, would the application go back to the Planning Commission? Weinberger stated it would depend on the findings, especially since time was of issue and there was need for a resolution. Barrett stated that the application would only need to return to the 7 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 6. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road After- the -Fact Conditional • Use Permit and Variances — Continued Planning Commission if the alteration was significantly different from what they understood it to be. Galatz stated that the Council could decide Stephenson start from the wetland and cut the hill back from there. Murphy stated he would feel better if the contractor was there to admit his fault in the mafter. He felt that Stephenson was too knowledgeable and intelligent to not have had any idea what the contractor was doing. Sansevere stated he disagreed since people are inclined to trust hired experts. Dayton stated that he had witnessed the whole process and it was impossible to know how much dirt was going in until after it had been graded. Mayor Peterson moved, and Sansevere seconded, to table the application for after - the -fact CUP and variance for 1850 Fox Ridge Road. Vote: Ayes 4, Nays 0. Council Member White arrived at 8:45, during Item 7. 7. #02 -2795 WJM Properties, 2605 Wayzata Boulevard — Commercial Site • Plan Review and Conditional Use Permit Morrie Wagner, owner of Morries Automotive Group; Steve Ficktel, architect; and Peter Johnson, attorney, were present. Weinberger stated that WJM Properties had applied for a Commercial Site Plan Review for changes to the use of the property located at 2605 West Wayzata Boulevard (formerly Washington Scientific). They wanted to locate a wholesale distribution facility primarily serving the retail automotive operations under the Morries Automotive Sales Group. The use would be consistent with the current zoning. The building would be used for auto prep, a body shop, storage, central parts warehouse, offices, and an indoor sales showroom for fleet sales and leasing. Weinberger stated that parking would be added on the south and west sides and a new service road off of Highway 12 at the front of the building would also be added. New vehicles for sale would be kept at the front of the lots, and vehicles brought in for body work would be parked at the rear lot, within a fence. The outside storage of vehicles required a CUP. A second CUP was required for an "open sales lot" for the leasing and fleet operation. The fleet sales operation would require 40 parking stalls, 15 at the north end of the existing lot, and 25 in the new 45 -stall lot to be developed at the north end of the existing ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 7. #02 -2795 WJMProperties, 2605 Wayzata Boulevard — Commercial Site Plan Review and Conditional Use Permit — Continued building. Also, a new entrance and 4 large windows would be constructed. Weinberger stated that wholesale, or fleet customers, would fit under the current industrial zoning. Also, staff was supportive of the Planning Commission recommendation. Some changes that had been recommended were to screen the property with the installation of a berm with plantings. Other changes involved lower lighting at a 20' height that would display the front end of the building. Current light poles would be removed and 4 new ones would be evenly installed with no part of the light visible from neighboring property lines. Signage would be limited to a monument sign at the Highway 12 entrance. Johnson passed out information to Council on the site plan changes, demonstrating that they had complied with the Planning Commissions requirements for better screening. Johnson stated that the outdoor storage parking restriction of 250 spaces should refer only to the east, exposed lot, and not to the fenced lot at the rear. Sansevere asked if customers would bring their own cars to the site for repair work. Wagner stated that repair cars would be delivered by staff from the dealerships, and they • would have some insurance adjusters visiting the site, but not customers. Also, there would not be a gate at the entrance, so delivery trucks could enter and unload at any hour without backing up traffic on Highway 12. Nygard asked about the daily traffic flow. Johnson stated that there would be 40 full time employees on site, plus trucks and cars being delivered. The site would primarily be used by the dealerships along 394. Nygard stated he does not want Orono to be the center of Moores Automotive Group. Wagner stated that the site would be used by only two dealerships, as the others have adequate room on -site. Mayor Peterson asked if there was a turn lane into the property. Weinberger stated there was not, but there was no median in front of the site. Murphy asked if the landscaping was acceptable to the applicant. Johnson stated it was. Murphy asked if the fleet cars would have signs and banners advertising their sales. Johnson stated that they would be selling to professional corporate buyers, indicating they would not use such on -site advertising as is typical of car dealerships. Weinberger suggested Council consider the hours of operation. Johnson stated that the sales component would operate from 9 -9 Monday through Friday, and 9 -6 on Saturday. Sandee Smith stated that the Planning Commission felt the hours were too broad for a wholesale operation. Wagner stated that they needed to be flexible to meet the time • constraints of their clients. 0 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 7. #02 -2795 WJM Properties, 2605 Wayzata Boulevard — Commercial Site • Plan Review and Conditional Use Permit — Continued Moorse asked if the planting islands would contain any over -story trees. Ficktel stated they would only contain evergreens because they needed trees that would not be affected by the exhaust of the cars, and also that would not drop sap, etc. on the cars. Sansevere moved, and Murphy seconded, to approve the site plan review subject to the Planning Commission's recommendations, with the clarification that parking restrictions noted in item 2 referred to the east lot only, and directed staff to draft a resolution for the next City Council meeting. Vote: Ayes 5, Nays 0. S. #02 -2796 Mark and Gina Kosek,1875 Shadywood Road, Variance Gina Kosek was present. Bottenberg stated that the application was to construct two decks and a walkway. One deck would be at ground level, and the other off the second story. Currently there are 3 patio doors on the lakeside of the home with no means of exiting the house. The total of the decks would equal approximately 110 s. f. • Bottenberg stated that the applicant had bought the property with the intention of remodeling the existing house. After reviewing the foundation and other structural limitations decided to tear down the house and then applied for a variance to allow a deck within the 0 -75' lakeshore. The request was denied at the Planning Commission level. The applicant then submitted building plans. At that time the hardcover complied at approximately 22% in the 75 -250' setback zone, leaving 485 s.f of hardcover to use. The driveway and some retaining walls were- constructed after the house was completed and the certificate of occupancy was issued. The retaining walls were constructed to aid in the change of grade for the driveway. When the applicant constructed retaining walls, she did not know they were considered hardcover. There was also a second driveway on the property that has been converted to grass at the instruction of the Planning Commission. The Planning Commission voted to allow the two decks with the following conditions to reduce the amount of hardcover on the property: 1. Remove the south driveway and replace with grass. 2. Remove shed located in 0 -75' setback. 3. Remove all stone borders. 4. Remove all unnecessary boulder walls. Bottenberg stated that Kellogg had visited the site and determined that unnecessary stone wall removal would result in a hardcover reduction of 50 s.f. (.29 %). • 10 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 8. #02 -2796 Mark and Gina Kosek, 1875 Shadywood Road, Variance — Continued Staff asked that Council consider allowing a 2' x 60' sidewalk be constructed from the driveway to the front door. Kosek stated that they did have a hardship for the variance request because while they own a large amount of land, only .82 acre is buildable. She argued that there was no difference between a small lot, and a large lot with a small buildable area. She stated that they had planned the deck location before the doors were installed. At the time that she planned the decks, they were not over the hardcover and deck construction did not require a variance because it was outside the 0 -75' zone. She stated they informed staff that they were moving the location of the patio doors to install the decks. At the time there wasn't an issue with the patio doors because there was no variance required. Kosek stated that she disagreed with the suggestion she remove the shed from the 0 -75' zone because it would not affect the hardcover in the 75 -250' zone. Their overall hardcover was currently at 14% of the allowed for their total lot. She stated that the garden shed is ugly, but they didn't want to remove it because it is in the 0 -75' zone and they would not be allowed to install a new shed in its place. She is an avid gardener and uses the shed to store her tools. • Kosek stated that other residents have been allowed to go over hardcover with a small lot being cited as a hardship. Mayor Peterson stated that everyone is entitled to a minimum house size of 1,500 s.f., which on some lots requires going over the maximum allowed hardcover. Kosek stated that she didn't see the difference between a small lot and a large lot with a small buildable area. Kosek stated that they would like a paved sidewalk from the driveway to the door, but if they had to choose, would build the deck and use woodchips for the sidewalk. White asked if staff had been made aware of the patio doors and their location before they were installed. Kosek stated that she had informed them of at least the first floor door, since the decks will be stacked one over the other. Sandee Smith stated that the Planning Commission felt the overall hardcover had to be reduced in order to allow the decks, and there had been no talk of a sidewalk at the Planning Commission. Kosek stated that they were unaware they'd overbuilt until April when Lyle Oman called and informed her of the situation. She designed the house, and her husband built it. While construction took a year, the driveway and retaining walls were installed quickly to fix problems with the land. • Murphy asked why they hadn't been aware of the issue earlier in the process. Kosek 11 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 8. #02 -2796 Mark and Gina Kosek, 1875 Shadywood Road, Variance — Continued • stated that nobody had told them that hardcover was going to be an issue. The size of the house didn't change, so they thought they still had area to work with. The additions to the driveway and retaining walls happened as needed and did not require building permits. Smith stated that the driveway is larger than originally shown in the plans, and that at some point the applicant needs to be aware of what they're doing. Sansevere stated that because they built the house themselves, and were not trusting outside experts, they had more responsibility to inform themselves and become knowledgeable. Kosek stated that at the time of construction they were at 22% hardcover. The drive addition and retaining walls pushed them over. They didn't think that retaining walls would count as hardcover, and they have about 400 s.f. in the walls alone. Kosek added that she felt having to remove the gardening shed was punishment because it would not affect the hardcover in the 75 -250' zone, and they were still under the total hardcover allowed for the entire lot. Weinberger stated that she would be allowed to have a lock box on the property in the 0 -75' zone, size 4' x 5' x 4' high. White moved, and Murphy seconded, to direct staff to draft a resolution allowing construction of the decks as requested conditional upon removal of the gardening shed and all unnecessary retaining walls; in addition to the decks, the applicant would be allowed to pave a 2' x 60' sidewalk from the driveway to the front door and • to place a 4' x 5' x 4' lockbox in the 0 -75' setback zone. Vote: Ayes 5, Nays 0. *9. Extend Telecommunications Tower Moratorium — Ordinance No. 220, 2 "d Series Murphy moved, and Sansevere seconded, to adopt Ordinance No. 220, Second Series, extending an interim moratorium on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless communications facilities and structures in all zoning districts in the City of Orono. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated that they should spot -check cigarette venders again to see if they are complying with the legal age and carding minors. Sansevere stated he had received a letter from Dana Wells regarding the Orono Lane issue. Moorse stated that the residents were told not to install a dock before the house is constructed, but they are currently running electrical cable through the yard and it upset the neighbors. Gaffron stated they would prefer the residents not do yard work before 12 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • MAYORICOUNCIL REPORT — Continued construction of the house, but they've complied with City requirements. Sansevere stated he'd received a complaint about a neighbor leasing out 3 dock spaces. He asked if the City should remain passive on the issue, or get more assertive. Nygard suggested they follow up on such complaints on a case -by -case basis and follow the LMCD rules. Gaffron stated that the Orono code prohibits slip rental, and the City only pursues such matters following a complaint. White stated that it would be too costly to pursue such offenses. Sansevere suggested staff send a letter to the Mound firefighters regarding Orono's desire and intentions for a neighborhood station. Nygard asked about the house by Fletcher Channel. Moorse stated it would cost about $550,000 and that Gabriel Jabbour was checking into it. PUBLIC SERVICE DIRECTOR'S REPORT *10. Easement Orono Orchard Road, Long Lake Creek Culvert • Murphy moved, and Sansevere seconded, to approve payment of $4,000 to Edmund Rydell,135 Orono Orchard Road North, for easements for the Long Lake Creek Culvert on Orono Orchard Road from the Storm Water Utility Fund year 2002 budget with the appropriate budget adjustment approved to reflect the expenditure. Vote: Ayes 4, Nays 0. *10a. No Parking Sandy Beach Neighborhood — Resolution No. 4830 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4830 authorizing installation and maintenance of "No Parking Vehicles with Trailers —Tow Away Zone" signs on the City streets in the Sandy Beach Neighborhood. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *11. Pay Requests —Long Lake Fire Station Murphy moved, and Sansevere seconded, to approve the requests for payment in the amounts of $9,149.41 to BKV Group, and $254.38 to the Laker and Pioneer, to be funded from the Joint Fire Station Fund. • Vote: Ayes 4, Nays 0. 13 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 is *12. Appointment of Ron Hendricks to Full -Time Police Officer Position Murphy moved, and Sansevere seconded, to approve the appointment of Ron Hendricks to a full -time Police Officer position effective July 9, 2002, and to place him into the Police Officer pay schedule based on his hours worked as a part -time Police Officer. Vote: Ayes 4, Nays 0. *12a. Interviews for Planning Commission Alternates Murphy moved, and Sansevere seconded, to schedule interviews to fill the Planning Commission Alternate positions. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None. *13. LICENSES • SPECIAL EVENTS 1. Applicant: Tim Jaynes Event: Corporate Party with Live Music Location: 1121 Elmwood Avenue Date: July 27, 2002 Time: 11:30 a.m. — 9:30 p.m. Murphy moved, and Sansevere seconded, to approve all licenses. Vote: Ayes 4, Nays 0. *14. BILLS Murphy moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. n U 14 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 15. Kevitt Excavating Moorse stated that the item was related to the accidently sealed well. They had withheld the money from the demolition company, Kevitt Excavating. The City negotiated with Kevitt Excavating that they would put $2,500 toward the settlement over the well. The City had retained $5,000, so now had to pay $2,500 to Kevitt Excavating. Sansevere asked if there was a miscommunication. Moorse stated that there was fault on both sides. The excavators didn't understand where the well was, and so they went out and found the well next to the house to fill without first checking if it was the right well. Mayor Peterson moved, and Sansevere seconded, to approve final payment to Kevitt Excavating in the amount of $2,500. Vote: Ayes 5, Nays 0. 16. Land Donation by Mike and Monica Young Moorse stated that he received a call two weeks ago from property owners who own the property at the northwest corner of Old Crystal Bay Road and Watertown Road. They want to sell the house on a 2 acre lot, and donate the southern 2.5 acres to the City. The southerly 2.5 acres is mostly wetland, though there is some dry. The City already has a • conservation easement over the land, so it is protected whether the City owns it or not. There is only a very small drainage area that flows to this parcel. The only possible use would be to use the parcel as mitigation for filling wetland area somewhere else. Also, there is a portion that freezes and gets used as an ice rink. Moorse stated that typically the City does not own wetland areas. i Gaffron stated that the City does not want to own wetlands. He stated that if it appeals to the Council, staff would find out if it is suitable for wetland mitigation before accepting the offer. _ Moorse stated that the Youngs would probably end up selling the entire 4.5 acre parcel together as one lot. Murphy moved, and Nygard seconded, to direct staff to thank the Youngs for their offer, but to decline the donation. Vote: Ayes 5, Nays 0. 15 ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 ADJOURNMENT The meeting was adjourned at 10:05 p.m. ATTEST: Lind S. Vee, City Clerk 16 Barbara Peterson, Mayor • • LJ