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HomeMy WebLinkAbout08-12-2002 Council MinutesORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 • ROLL The Council met on the above - mentioned date with the following members present: Acting Mayor Bob Sansevere, Council Members Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Barbara Peterson was absent. Acting Mayor Sansevere called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 8, 12, 15, and 19 were added to the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amended. is Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of July 22, 2002 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of July 22, 2002. Vote: Ayes 4, Nays 0. OATH OF OFFICE 3. Josh Arneson, Part -Time Police Officer Moorse administered the oath of office to Josh Arneson. Acting Mayor Sansevere congratulated him. ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 PUBLIC HEARING -7:05 p.m. 4. North Arm Paving Project Gappa stated that the City had received a petition from 3 residents on North Arm Drive requesting an assessment of a paving project for the street, which is currently a gravel surface. The short paved portion of the road would be reclaimed and repaired, with the rest of the drive being paved. Staff contacted all seven residents on the road by letter and published a notice of the hearing. The project was estimated to cost $31,835 assessed to seven residents at $4,550 per property over a 10 -year period at 6.5% interest. The final cost to residents would be about $650 per year. Jim Nielson of 340 North Arm Drive stated that he and his wife, Ria, both support the project and hoped the Council would approve it. Dave Supprell of 345 North Arm Drive stated that he and his wife also support the project and hoped the Council would approve it. Meg Pendelton of 350 North Arm Drive stated that she and her husband also support the project and hoped the Council would approve it. Carol Pass of 235 North Arm Drive stated that she and her husband did not want the road paved because they were trying to create a conservation/natural area on their property at the end of the road. They felt paving the road would change the feel of the area. They want it to remain a "country lane." She also stated that she grew up on the property and they used to maintain the road themselves by moving the gravel around, and she felt that pavement would be harder to keep in good repair due to potholes. Gappa stated that the road has a substantial base and should take paving without issue. Murphy asked if the residents get potholes in the gravel. Several neighbors responded they do. Mark Larson of 366 North Arm Drive stated that he was undecided on the issue and saw both sides of the debate. He asked how Council would make a decision without hearing from all seven residents. Carol Pass stated that she had a neighbor's vote against the project. Meg Pendelton stated that she calls the City twice each spring and fall to complain about the road condition and get them out for repairs. The gravel is dirty and washes into yards and drives. • 2 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 0 4. North Arm Paving Project — Continued Jim Neilson stated that the road also stays icy in the winter because the snow never melts, which it would probably do on a blacktop road. Dave Supprell stated that rain causes large ruts and gulleys on the road. He added that the Passes don't live on their property on North Arm Drive. Mark Larson stated he was interested in the cost being fair to all residents. He has a widow next door, who was out of town for the meeting, who would not be able to afford the assessment. She lives near the entrance on the already paved portion of the road and was not be interested in the project. Gappa stated that the project would have varying impact on the residents. White asked how the assessment was determined. Gappa stated the total cost was divided by 7, and that the frontages vary for each property. Brad Pass of 235 North Arm Drive stated they currently live in Minneapolis, and they just bought the property 4 days ago. The property's been in Mrs. Pass's family for over 50 years, and they'd like to see the road stay gravel because they made a conscious decision to not develop the property, but keep it natural. • Acting Mayor Sansevere closed the Public Hearing at 7:20 p.m. 0 Gappa stated that there was the possibility of residents appealing the assessment, but he felt the City could prove the benefit of the project and would not lose an appeal. Sansevere stated he was concerned with the hardship to residents. Gappa stated they had 3 neighbors in favor, 3 opposed, and 1 undecided. Murphy stated that of the residents in attendance, they had a majority vote in favor of the project with 3 in favor, 1 opposed, and 1 undecided. He felt that the other neighbors should have attended the meeting or provided written letters in order for their votes to count. Murphy asked Mr. and Mrs. Pass if their issue was aesthetic or financial. Mrs. Pass stated it was basically aesthetic, as they want to keep the road a "country lane." White asked if the plan was to pave the existing road only. Gappa stated it was. They would only pave the current width, not widen or add curb and gutters. They would be paving it at about a 14' width with a 1' gravel shoulder on each side. White stated he supported the project and felt that the low density of the area, not whether or not the road is paved, defined a country feel. He stated the dust and dirt that gets into houses creates a hardship for the residents. 3 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 4. North Arm Paving Project — Continued Sansevere asked if there was a safety issue. Gappa stated that paving it might help ice melt quicker, otherwise there was no major safety concern. White stated that the letter from Bonestroo & Associates stated that the road would be paved to 14' with 2' of shoulder on each side, making the road 18' wide. Kellogg stated that the road width varies and they would not add any width, simply pave over what's there and add some gravel shoulder where necessary. There would not be major construction, simply grading and paving. Moorse stated the City wants to bring roads to a certain standard that requires less maintenance. With the road paved, they hope to not need to perform any maintenance on it for 5 years. With the gravel surface, they're out there at least twice a year. Sansevere asked Mr. Larson which way he was leaning. Larson responded that he has 3 children in college and a wedding coming up, so while he favors the road being paved, he had to vote against the project strictly for financial reasons. P Sansevere asked about the senior citizen deferment. Moorse stated there are income requirements and someone has to apply for a deferment. Gappa stated that he noted the option to make people aware of it, but no one had come forward to make an application. • Murphy stated that the residents who did not attend the meeting should not be counted in the vote, giving a majority vote in favor of the project. Gappa stated it would be difficult to get the project done this year, and if they waited till spring, they could get a better price. Even if Council approved the project at the meeting, there would be no guarantee of it being done this year. Sansevere asked the staff to call the neighbors not in attendance and find out how they felt. Sansevere moved, and White seconded, to table item 4, North Arm Lane paving improvements. Vote: Ayes 3, Nays 1 (Murphy). PRESENTATION Gabriel Jabbour —Fire Station Update Jabbour stated that Orono has developed a strong business model with the joint Orono/Long Lake Fire Department project. Orono is currently served by 4 fire • 4 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 • Gabriel Jabbour —Fire Station Update— Continued departments: Long Lake, Mound, Wayzata, and Maple Plain. Wayzata and Mound are now building new fire stations. While Wayzata has not asked Orono to contribute toward the cost of its fire station, Mound has asked for Orono to contribute 22% of the building costs. Jabbour stated that he and Mayor Peterson have negotiated with Mound, suggesting that they reduce the size of their fire station and Orono will not participate at all. Instead, Orono would develop its own neighborhood fire station in Navarre. Mound could still bid on providing them service, and the new service provider could help plan the neighborhood station. Murphy stated that they received a letter from Mound that had a resolution already attached asking Orono for $720,000 with no ownership in the new station. He stated they would rather build their own station in Navarre. They've always been happy with Mound's service and would like them to continue to serve the Navarre area, but Mound said they would not be willing to do that. He spoke to Minnetrista, who suggested everyone help Mound with their new station, and in exchange, everyone would support the other cities with new fire station projects as they came up. Mound rejected the idea. They asked Mound if they would continue to provide service to Orono, if Orono does not contribute to their new fire station project. The • Mound Mayor and City Administrator said they would not. Murphy stated the committee had discussed the possibility of a fire district, where several communities would share fire service costs and could therefore hire a full time administrator. The arrangement with Long Lake could serve as a good model for a fire district. Sansevere stated that the Mayor and City Administrator of Mound refused them fire service without their City Council even knowing about it. Jabbour stated that Mound told him if Orono was no longer served by Mound, they could remove one bay from the station, at a cost of $70,000. He questioned if Orono's cost to Mound is $70,000, then why would Orono be expected to contribute $720,000. White stated he believed the Navarre community could provide fire fighters to staff a neighborhood station. Acting Mayor Sansevere stated that they believe Mound provides excellent service and Orono will most likely pursue its own station for Navarre because Mound has left them no choice. White stated that the Orono City Council would not accept a huge cost that lacks benefit to its citizens. 5 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 0 5. Westonka Schools —Levy Referendum Phyllis O'Malley stated that she has been a resident of the school district since 1958 and is a member of Westonka Levy Referendum Committee. She stated that on September 10, 2002 the primary elections will be held and the school district will have a referendum on the ballot. She stated they will have informational meetings on August 20th at the Gillespie Center at 10:00 a.m.; on August 20th at the Early Childhood Center, Hilltop Primary, Shirley Hills Primary, Grandview Middle School, and Mound Westonka High School at 7:30 p.m.; August 26th in the Little Theater of Mound Westonka High School at 7:30 p.m.; and on September 4th at Hilltop Primary, Shirley Hills Primary, Grandview Middle School, and Mound Westonka High School at 7:30 p.m. Gwenn Spence stated that they will hold the informational sessions at each school so that parents can attend at their child's school to ask questions specific to their school's circumstances. She stated that Gene Zulk is the new superintendent and is very eager to work for the district, but was unable to attend the Council meeting due to a traveling obligation. His contact information is in the booklet they provided to every resident in the district. PARK COMMISSION COMMENTS — SHEROKEE ILSE, REPRESENTATIVE . Ilse stated that the August meeting consisted of the Park Tour, which went well. Mayor Peterson and Nygard attended the tour. They are looking forward to getting the play equipment in Hackberry Park in the fall. Murphy stated he noticed that the Hackberry Park baseball fields are covered in weeds. Gappa stated it's a public works issue. Ilse stated Council Member Nygard had attended Dog Days. It was a nice event with about 50 families and their dogs in attendance. Jim Anderst donated the golf tournament money to the parks. She stated the Dog Days event should be promoted and should grow next year. Nygard stated he would like to see the City get behind it next year. PLANNING COMMISSION COMMENTS— JEANNE MABUSTH, REPRESENTATIVE None. 2 • ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 0 PUBLIC COMMENTS Ron Miller of 270 Willow Drive stated he believes the fire station soils consultant submitted 2 inaccurate boring logs. Holes that GME said they filled were not. He started writing letters on December 31, 2001 to the City, the Watershed District, Ingram, and Kirk without receiving any response. He wrote Moorse in April 2002 with no response, then spoke to him in May. After sending GME an 11 -page letter, they stated that at the time of the drilling, the crew recognized soil type and ground water and filled all the holes with the appropriate concrete. Miller stated that he put 13' of PVC pipe into the holes. GME responded that the concrete had settled, which Miller stated is impossible. He stated he would like to see the logs corrected and an independent firm check whether the holes were filled at all. Sansevere suggested someone from the City check on Mr. Miller's claims. Moorse stated that the consultant indicated the crew took the conservative view that the holes were filled. GME told Moorse that settling had occurred in the holes. They also stated that they checked the borings and found they do not meet requirements for needing to be filled. Miller stated that American Testing claims to have just filled 5 holes and in fact did not. He stated 4 different companies in the area have claimed to fill holes, which they did not . fill. There is a safety issue with the ground water, and ground water protection is very important. He wants the companies to be held accountable. White stated that companies should, as a right of entry onto a property, be required to return the property to its original condition prior to drilling, hold the property owner harmless, and be bonded to insure they do it properly. Murphy stated the City should be in contact with its resident inspector, Ron Miller, to find out any news regarding the situation. Jabbour stated that he represented the City in front of the Watershed District and promised them they would pay attention to issues such as this. ZONING ADMINISTRATOR'S REPORT Item 11 was moved up in the agenda. 11. #02 -2810 Brad and Carol Pass, 250 North Shore Drive West —Final Plat of Idyllvale Farm — Resolution No. 4848 • Gaffron stated that there was a change to the labeling in the resolution. Outlot A and B 7 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 11. #02 -2810 Brad and Carol Pass, 250 North Shore Drive West —Final Plat of • Idyllvale Farm Resolution No. 4848 — Continued had been inverted, but were correct in the resolution before Council. Sansevere moved, and White seconded, to adopt Resolution No. 4848 approving the final plat of Idyllvale Farm, Brad and Carol Pass, 250 North Shore Drive West. Vote: Ayes 4, Nays 0. 6. #02 -2789 Dahlstrom Development LLC— "2550" Wayzata Boulevard West - PUD Rezoning and Concept Plan Approval Gaffron stated that Council had already seen a detailed presentation regarding the project. Changes included making the development 1/3 2 -story townhomes, 1/3 rambler townhomes, and 1/3 lofts with 2 commercial outlots. The current plan would not require an amendment of the Community Management Plan, and meets the requirements of the Comprehensive Plan for the area. The Planning Commission recommended 7 general points and 17 specific points. The Planning Commission recommended approval based on their recommendations. The Parks Commission also recommended approval with specific recommendations. The Parks Commission also recommended approval and unanimously made 4 • recommendations: 1. They favor a bituminous bike/hike trail along (but separated from) Highway 12 along the south side of the commercial outlots to provide a westerly continuation from the 12/Willow intersection. 2. They recommended the developer install the Tot Lot as one of the private park/recreation amenities of the development. 3. They recommended all internal trails be installed concurrently with the development phases and prior to occupancy of residential units to avoid neighborhood resistance to trail development at a later date. 4. They noted there are no identifiable public parkland needs at this location other than the trail extensions, but the development will generate additional use of existing City park facilities in the area. Park Commission therefore recommended that, based on the developer's statement that the public trail easements would be granted without requesting a park fee reduction, that no park lands need to be dedicated and the park dedication should be in the form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code. 0 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 • 6. #02 -2789 Dahlstrom Development LLC— "2550" Wayzata Boulevard West - PUD Rezoning and Concept Plan Approval — Continued Gaffron stated that the plans reflect recent changes and should be referenced in the resolution. He stated that the plan density is not outside that allowed by the Comprehensive Plan. The overall plan is at 6 units per acre (168 units on 28 dry buildable acres), with 4 units per acre for the townhomes and 18 units per acre for the lofts. The development will provide a type of multi - family housing not currently available in Orono. He noted that item 3 on Page 3C -25 of the CMP states, "Orono will encourage developers to provide a variety of housing types and cost ranges." The Planning Commission asked the developer to make some low- income units available at price points closer to the Met Council's affordable standard. Gaffron stated that the entire property is currently zoned RR -1B single Family Residential, 2 -acre minimum lot size. Rezoning the portion of the property north of Kelley Parkway to RPUD Residential Planned Unit Development is appropriate based on the multi - family residential nature of the proposal. Actual rezoning should occur only upon Development Plan Approval. • Gaffron stated that staff concurred with Planning Commission's General Comments 1– 7, Specific Comments 1– 9, and items 12, and 14 –17 of the recommendation. He reviewed the Planning Commission comments: The proposed overall density is 6 units per dry- buildable acre, still within the 3 -6 unit per acre range established in the CMP. The low -end units are still priced significantly higher than the Met Council's definition of affordable housing. The Planning Commission asked the developer to provide market research to confirm that the proposed units at the proposed price points are marketable and - will meet the housing needs of the area. The potential use of the MnDOT stormwater pond right -of -way for Kelley Parkway presents an unknown factor that could result in Kelley Parkway moving northward and a revised concept plan needing to be reviewed and approved. The City Engineer should conduct a traffic study as soon as possible to determine the impacts of this plan. The Park Commission should review the public trail proposal and any other public park • features. Proposed open spaces within the development will be private and maintained by 9 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 6. #02 -2789 Dahlstrom Development LLC— "2550" Wayzata Boulevard West - PUD Rezoning and Concept Plan Approval — Continued the homeowners association. Platting of the portions of the property south of Kelley Parkway as outlots for future commercial office use as guided in the CMP is acceptable given that the developer has no specific users identified at this time. All residential buildings should have pitched roofs. The Lofts should be setback from the west lot line a minimum distance of 80' to create an effective buffer, and the 2 3rd story west -end loft units should be omitted to reduce building profile. Separation distance between buildings should not be reduced. The Lofts need to be 3 stories in height and will exceed the 30'RPUD height limit. Planning Commission accepts the 40' height, but recommends a low- pitched roof in order to reduce the visual impact of the excess height. The berm along the Public Works site east boundary may be extended eastward to assist in establishing a buffer to the Lofts, however, any plantings or other improvements should be located on the Lofts site. The proof of parking area should be relocated along the west • boundary of the lofts site to minimize impacts on existing vegetation in the area. A disclosure regarding the Lofts buildings proximity to Public Works should be required of Lofts buyers to help limit the expected high number of complaints about City activity and noise. Separation distances between townhome buildings are acceptable as shown, but any separation less than 15' should be reviewed to determine if a greater separation is feasible. The proposed private road connection between the Lofts and the southwesterly townhome units should be required, as well as an emergency- use -only connection between the East Lane cul -de -sac loop and Kelley Parkway. While the 4 stalls parking per unit is double the amount required by code, Planning Commission suggests guest parking be maximized where feasible. Parallel parking should be added along West lane. The common open spaces provided are a positive feature and should be included in the final development plan. Green spaces need to be high quality spaces, and overall landscaping plan must be of similarly high quality. Landscaping and building design features should reduce visual height impacts of the Lofts buildings. • 10 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 6. #02 -2789 Dahlstrom Development LLC— "2550" Wayzata Boulevard West - PUD Rezoning and Concept Plan Approval — Continued The developer should make a proposal to City regarding the streetscape of Kelley Parkway. Interior private street lighting should be at a low level, while providing the necessary level of security, and should be maintained by the homeowners association. Public street lighting along Kelley Parkway will be maintained through standard agreement between the City and public utility company. Water mains should be looped near the north end of the site to avoid impacting wetlands. All streets and sidewalks north of Kelley Parkway will be private, with the appropriate City standard private street and utility easements required, and maintained by the homeowners association. Developer should provide the City with a list of similar developments so that Planning Commission and City Council can visit them. Gaffron stated that staff also felt that landscaping features that attract pedestrian traffic • should not be included in the roundabout because of the danger to pedestrians from cars traveling the roundabout. 0 Staff recommended approval of the plan. Steve Johnston of Landform Designs stated that they were happy with the proposal as presented. Their streets are proposed 2' narrower than recommended to encourage slower car speeds. He stated it was a conceptual issue, not an engineering one and they would concede if necessary. They would like parking bumpouts on the north side of Kelley, but would not fight over it. They did have a problem with the roundabout being non- pedestrian. All the sidewalks and trails converge there. It was designed as a gathering place with a small pond, existing trees, and a gazebo expressly for pedestrian enjoyment. Gaffron stated the pedestrian access to the roundabout is a safety issue because traffic comes from 1 direction with 4 legs accessing the roundabout. He suggested they might make it safer by adding speed bumps or other modifications. Moorse stated that all of the trail crossings happen at curves in the road. Sansevere asked if Council approved based on all of staff's recommendations, what specific issues should be discussed. Johnston stated that at the conceptual stage, they could simply direct the applicant to work out issues with staff before the next stage. He pointed out that the current concept is 167 units, reduced by 1 unit from the previous plan. 11 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 6. #02 -2789 Dahlstrom Development LLC— "2550" Wayzata Boulevard West - PUD Rezoning and Concept Plan Approval — Continued Gaffron stated they needed to discuss the roundabout, road width, trails and sidewalks. White asked about the affordable housing issue. John Hessler with Landform Designs stated that they were working with Don Sole on the affordable housing issue. Sole was unable to attend the meeting, but is an expert on the issue and helping them find solutions to the issue. Richard Kroeger of 65 Stubbs Bay Road stated that he felt 1- bedroom units should cost around $170,000. He encouraged Council to push for low- income affordable housing in the development. Hessler stated the price points won't be set until next year, and prices could come down some from their proposed points. Kendra Lindahl of Landform Designs stated that the average home in Orono costs $394,000 and while $250,000 is not affordable for everyone, it is a new option for living in Orono. Jonathan Farmer of 565 Old Crystal Bay Road stated he felt it is unconscionable to create • housing at such a high density without including low- income housing in the development. He stated that Plymouth and Wayzata had both found ways to include low- income housing in their communities. He asked how many people who work in Orono can actually afford to live there. Gaffron stated the City was not making any allowances on the density. The development is within the allowed density for the zone. Murphy stated that he appreciated the residents' comments, but warned against referring to averages because there are neighborhoods within Orono where property values are low, and then many high value areas that drive up the averages. Phyllis O'Malley of 2740 Kelly Avenue stated that teachers' salaries start at about $30,000 and it is impossible for them to live in Orono. Sansevere stated that Long Lake and Orono share community and there is affordable housing in both Long Lake and Maple Plain. I� U 12 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 • 6. #02 -2789 Dahlstrom Development LLC— "2550" Wayzata Boulevard West - PUD Rezoning and Concept Plan Approval — Continued White stated that the Council has addressed the issue of affordable housing before and referred to the Mayor's Report from 2000, which is posted on the Met Council website. He stated the City is considering a mass transit issue was well. The problem is a complex one with many factors involved, besides the price of land in Orono. Michelle Krokzyk of 65 Cygnet place stated she knows people who grew up here and can't afford to move home to put their kids in the Orono school district. She stated there must be a way to get a house for less than $500,000 in Orono. Murphy stated that the next development they consider will be for family housing. Richard Kroeger stated that land value is driven by what people are willing to pay for it. He suggested the City require some low- income developments on certain properties, then the developers wouldn't be willing to pay as much for it. Kendra Lindahl stated that she worked for the City of Plymouth before Landform Designs. Plymouth has a large and complex city plan for creating low- income housing that involves much more than restricting property values. She stated that Landform • Designs is willing to work with Orono to make some units more affordable. 0 Murphy asked about the Highway 12 trail. Steve Johnston stated that they planned an 8' wide bituminous trail on the south side of Kelley Parkway because Highway 12 is not a safe option. They will also place a sidewalk on the north side of Kelley Parkway. Nygard stated they would still need a trail on Highway 12 for future use. Gappa stated it wouldn't cross any driveways along that stretch of Highway 12. Murphy questioned if a trail was needed along Highway 12. Nygard stated the City requires that trails be connected. Murphy moved, and White seconded, to direct staff to draft a Resolution of Concept Plan Approval following staffs recommendations, including the Planning Commission recommendations, and also addressing the issues of affordability, road width, pedestrian safety of the roundabout, and the Highway 12 trail. Vote: Ayes 4, Nays 0. Barrett asked if the applicants had granted the 60 -day extension to the City. Johnston stated they had and that Landform Designs was committed to working with staff on any issues that arise. 13 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 7. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Variance and • CUP — Resolution No. 4844 Acting Mayor Sansevere stated that, because the application had been before Council several times already, they should only address new or currently relevant points. Gaffron stated that the application had returned with a planting plan. The City Landscape designer felt comfortable with the trees and the plan, and the plantings provided an appropriate mix for the area. The total impact on the wetland was about 300 s.f., much less than initially believed, based on new analysis by Peterson Environmental. Gaffron stated that Weinberger's memo suggested Council could: 1. Approve the application as is, which would involve extensive tree planting and would not require fill be hauled away from the site. Also, existing vegetation would not be destroyed. The result would be somewhat inconsistent with the ordinances that protect the wetland buffer areas, and the finished slope would be steeper than 3:1. 2. Approve an amendment to the CUP and not variances, which would require removal of any fill that has been added within 26' of the wetland. A portion of the hillside would need to be regarded and fill removed from the site. 3. Deny the application and require the finished grades to match the approvals • the original CUP. �' pp granted in Revis Stephenson stated that he was comfortable with the resolution approving the plan as is. He felt the landscape plan was extensive and protected the buffer zone and wetland. Eric Galatz, attorney representing Mr. Chalfen at 350 South Brown Road, presented a 10' tall tree and stated that it represented the size of tree Mr. Stephenson would be planting. He said that his client felt the trees were completely inadequate. Sansevere asked Gaffron if the City was comfortable with the tree size proposed by Stephenson. Gaffron stated that a tree with a 2" diameter was appropriate because a larger tree would require major machinery to get it planted into the slope. Also, smaller trees take root more quickly than larger ones and will thrive sooner after the transplant. 1 %" – 2" diameter trees would be appropriate. Galatz stated that he had brought with him Frank Svoboda, a wetland ecologist, and Kathryn Ryan, a landscape architect. The trees on the plan were shown at 35' apart, which they felt was too far. He stated the plan could not have had serious review and that Weinberger stated in his memo that the slope was still too steep and asked for 2 -3" diameter trees. He claimed that Mr. Stephenson had buried trees and brush under the new fill and they would rot, creating air pockets and uneven settling. • 14 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 • 7. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Variance and CUP Resolution No. 4844 — Continued Galatz also stated that Mr. Stephenson had called him 2 weeks ago and he gave him written requests on behalf of Mr. Chalfen that have not been met. Galatz stated he was offended by Stephenson's lack of regard for the directives of the City. Sansevere asked where Mr. Chalfen has been and why Stephenson and Chalfen did not speak directly. Galatz stated that he directed Stephenson to go through him, and that Chalfen had spoken to Stephenson back in January. Murphy stated that in Galatz's letter of August 2, 2002, under item 4, he requested the planting of sugar maples, that fill soil composition be analyzed and amended as necessary, 4" of topsoil be placed over the current grade, and a letter of credit or other security is provided to insure the landscaping is finished in a timely fashion. Murphy stated he agreed with the above listed terms, though he did not agree with Galatz's suggestion that Stephenson be required to cut back the slope. He suggesting approving the application as is with the above noted requirements added. Murphy moved, and White seconded, to adopt a resolution granting an after - the -fact • conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f. of material that was approved in 2001 and an after -the -fact variance to permit land alteration within 26' of the wetland with the requirements of: the planting of sugar maples, that fill soil composition be analyzed and amended as necessary, 4" of topsoil over the current grade, and a letter of credit or other security to insure the landscaping is finished in a timely fashion. 0 Nygard stated that he disagreed with requiring residents to put up 150% of the project cost as security. Gaffron stated it is common practice with developers, but not with residents. Stephenson stated that the City was holding a cashier's check for $5000 as security against road damage that has no expiration date. He volunteered that check as security against the landscaping. Galatz stated that his tree experts claim trees need 5 years to take, and Stephenson should provide security for 5 years against death of the trees he plants. Stephenson stated that Chalfen seems to believe he has a claim to the trees on Stephenson's property, which he does not. He has offered to do extra plantings on the property side nearest Chalfen. He stated the trees could not be planted too densely as it would inhibit mature growth. 15 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 7. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road — After- the -Fact Variance and • CUP — Resolution No. 484¢— Continued Galatz stated he was offended that Stephenson brought in extra dirt and cut out trees, doing something other than he was originally approved to do. Nygard stated he doesn't want to require a 150% security of citizens. He suggested making the security deposit voluntary so that it would not set a precedent. Barrett stated that the security deposit would allow the City right of reentry should he fail to meet requirements. Nygard asked if Stephenson was asking for variance. Gaffron stated that to approve the plan as is, variances are required for the 3:1 slope and for the fill to remain. Stephenson stated there was precedent set for the 3:1 slope variance he required. For slopes in excess of 3:1, the applicants were required to put erosion fabric down; his entire hillside already has erosion fabric in place. Murphy stated Stephenson was referring to Spring Hill. Moorse asked about the final number of trees. Stephenson stated he was willing to plant the 22 trees shown on the landscaping plan, plus 12 more. Kathryn Ryan presented an overhead showing the size and density of tree canopies 10 years after planting, stating they would have 20' canopies. She proposed planting over 35 • trees on the south side to create a dense screen. White stated he favored holding Stephenson's check for security. Stephenson asked for a final requirement on the number of trees. Murphy stated it should be 35 trees total at a 2" or greater diameter. Murphy moved, and White seconded, to adopt Resolution No. 4844 granting an after - the -fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f. of material that was approved in 2001 and an after - the -fact variance to permit land alteration within 26' of the wetland with the provisions that 35 trees be planted with at least a 2" diameter, 4" of topsoil over the current grade be verified or added if need be, sugar maples be planted, fill soil composition be analyzed and amended as necessary, and that Mr. Stephenson's $5,000 cashier's check be held for 3 years to insure the landscaping is finished in a timely fashion and the trees survive the transplant. Vote: Ayes 3, Nays 1 ( Nygard). Nygard stated he is opposed to requiring a resident provide a security deposit. 0 16 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 • *8. #02 -2795 WJM Properties, 2605 Wayzata Boulevard West — Commercial Site Plan Review and CUP — Resolution No. 4845 Murphy moved, and Sansevere seconded, to adopt Resoltuion No. 4845 granting a conditional use permit per Municiapl Zoning Code Section 10.50, Subdivision 3A to permit use of the property for a wholesale distribution facility, repair, parts warehouse, and fleet sales lot. Vote: Ayes 4, Nays 0. *9. #02 -2795 Carson Erickson, 3415 Eastlake Street — Variances — Resolution No. 4846 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4846 granting variances to Municipal Zoning Code Section 10.23, Subdivision 6(B), Section 10.55, Subdivision 8, Section 10.22, Subdivision 1 and 2, and Section 10.56, Subdivision 16(L)(1 and 2) to permit new residential single family construction on a lot that is 100 feet wide where 200 feet is required, on a lot with an area of .23 acre where 2 acres is required, a front yard setback of 13' where 30' is required, and a lake setback of 50' where 75' is required, a side yard setback of 28' 2.5" where 30' is required, 919 s.f. of structure within 75' of OHWL where none is allowed, 1219 s.f. (16.25 %) hardcover in 0 -75' setback zone where none is allowed, 760.5 s.f. (30.5 %) • hardcover in 75 – 250' setback zone where 621.75 s.f. (25 %) is allowed. Vote: Ayes 4, Nays 0. 10. #02 -2808 James and Jean Echtenkamp, 2800 Pheasant Road— Variances- Resolution No. 4847 Acting Mayor Sansevere asked Gaffron for the staff recommendation. Gaffron stated that staff made findings that showed a unique hardship. The applicants' could not meet the 25% hardcover requirement because of the lot size, amount of unbuildable land, and the lot being at the end of a peninsula. Only a small usable portion of the lot meets the intent of hardcover analysis. Sansevere asked the Echtenkamps if they had any objections to anything in the resolution. They replied they did not, and they have been working with staff for 10 months to meet City requirements. Sansevere moved, and Nygard seconded, to adopt Resolution No. 4847 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, and Section 10.56, Subdivision 16(L) to permit 8,810 s.f. (39.2 %) hardcover in the 75 -250' setback zone where 7,856 s.f. (34.9 %) exists and 5,624 (25 %) is allowed; and a variance to Section 10.56, Subdivision 16(C)(6) to permit an encroachment into the average lakeshore • setback. 17 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 10. #02 -2808 James and Jean Echtenkamp, 2800 Pheasant Road — Variances— • Resolution No. 4847 — Continued Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sansevere asked if they allowed Mr. Galatz to speak out too freely. Moorse stated that there should be more control with questions and comments going through the Mayor, and not directly exchanged among the applicants /audience. Murphy asked if the resident should be required to attend the meetings in order to launch complaints. White stated that Chalfen bought his house after Stephenson moved into his. Nygard stated that at least Stephenson was being responsible about his mistakes. Nygard mentioned Caroline Avenue. Gappa stated there was too much water not being absorbed into the ground and suggested running a pipe from a pond, across the Clemmons property, and into the lake. Nygard suggested meeting with the residents and letting them help find a solution. Moorse stated that 1 property owner had mentioned some land she owns that may be large enough for a pond. Nygard stated that the house and property on Fletchers Channel was for sale and • suggested the City purchase the property and then widen the bridge for boat traffic, possibly enlisting the help of the DNR, MnDOT, and others. White asked how that would be possible with the fire station issue as the first priority. Moorse suggested having Gabriel Jabbour find out the price for them. Nygard stated that Dog Days was a great event, but they need more children's events next year and the City supporting it. Murphy reminded Council that he, Moorse, and Jabbour need all of the Council's support over the fire station issues. PUBLIC SERVICE DIRECTOR'S REPORT None. CITY ADMINISTRATOR'S REPORT W E • 0 C� ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 *12. Bid Approval of Telephone System —Long Lake Fire Station Murphy moved, and Sansevere seconded, to accept the proposal from Diversified Security, Inc. for Phone/Paging System, Voice/Data Cabling, and Building Security in an amount not to exceed $28,638 plus tax. Vote: Ayes 4, Nays 0. 13. Appointment of Alternate Planning Commission Members Sansevere moved, and Murphy seconded, to appoint Stephanie Zugschwert and Jule Hannaford as Planning Commission Alternates. Vote: Ayes 4, Nays 0. 14. Appointment of Planning Commission Vice Chair Sansevere moved, and White seconded, to appoint Jeanne Mabusth as Planning Commission Vice Chair. Vote: Ayes 4, Nays 0. *15. Appointment of 2002 Primary Election Judges — Resolution No. 4849 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4849 appointing: Milton Bix Debora Halvorson Ann Cosgrove Mark Hillsrom Judy Carlson Arne Holm Wayne Carrier Julie Hanning Martha Diesen Harold Hanson Mary Lou Doherty Kristine Houtman Barbara Ericson Sherokee Ilse Eleanor Ferril Trevor Ilse Dorie Finn Donald Kielley Joan Fitzpatrick John Larson Amy Fuhr - Hamberger Gale Landberg Inez Gantz Jeanne Mabusth Tresa Gardella Ralph Miller Bowman Gray Phyllis O'Malley Aaron Printup Shirley Pyle Emiko Saiki Paul Schueller Susan Schueller Julie Sherf Pat Spilseth Kari Steinl�e Mary Stinson Cherry Stubbs Helen Toward R. William Toward as election judges for the Primary Election to be held September 10, 2002. Vote: Ayes 4, Nays 0. 19 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 *16. Appointment of Full -Time Community Service Officer Murphy moved, and Sansevere seconded, to approve the hiring of Mr. John Herman as a full -time Community Service Officer at the beginning wage of $11.86 per hour, to include benefits, effective August 13, 2002. Vote: Ayes 4, Nays 0. *17. Appointment of Part-Time Police Officer — Resolution No. 4850 Murphy moved, and Sansevere seconded, to hire Josh Arneson as a part-time police officer at a pay rate of $14.00 per hour, no benefits, and to adopt the Resolution No. 4850 declaring that the part-time position held by Josh A. Arneson is that of a Police Officer, establishing his eligibility for coverage in the PERA Police and Fire Fund, effective August 26, 2002. Vote: Ayes 4, Nays 0. *18. Request to Advertise, Select- Part-Time Police Officer Position • Murphy moved, and Sansevere seconded, to approve advertising for and selection of POST licensed police officer to work part time beginning at the pay rate of $14.00 per hour. Vote: Ayes 4, Nays 0. • *19. Amendment to Appointments — Resolution No. 4851 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4851 amending the designation of selected appointments for the year 2002, reflecting the appointment of Council Member Murphy as a City representative to the Long Lake Fire Commission, and to the Mound Fire Department, replacing Council member Sansevere in these roles. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None. *20. LICENSES SPECIAL EVENTS 1. Applicant: Mike Koester/LeGran Homes Event: Fall Parade of Homes Location: 950 Willow View Drive • 20 • • 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 *20. LICENSES — Continued Date: September 7 -29, 2002 Time: noon -6:00 p.m., Thursdays - Sundays Murphy moved, and Sansevere seconded, to approve all licenses. Vote: Ayes 4, Nays 0. *21. BILLS Murphy moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 11:00 p.m. ATTEST: Linda S. Vee, City Clerk 21 Barbara Peterson, Mayor