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HomeMy WebLinkAbout08-26-2002 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ROLL a2 The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Bob Sansevere, Jim Murphy; Jim White, and Jay Nygard; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Zoning Administrators Paul Weinberger and Wendy Bottenberg, Acting City Engineer Glen Cook, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:02 P.M. CONSENT AGENDA 1. Approve /Amend Items 7, 13, 14, 15, 16, 17, 18, 19, and 21 were added to the Consent Agenda. Item 2 was removed. Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. Regular Council Meeting of August 12, 2002 White asked to remove paragraph 9, on page 12, having not made the statement. White moved, Sansevere seconded, to approve the Minutes of the Regular Council Meeting of August 12, 2002 as amended. VOTE: Ayes 4, Nays 0, and Mayor Peterson abstaining. PRESENTATION 3. Legacy Foundation Terry Forbord, of the Legacy Foundation, gave a brief presentation regarding the vision and mission of the Foundation. He explained that, although the history of the Lake Minnetonka area • is one of small communities with multiple political boundaries, the Legacy Foundation was organized in an effort to supercede those boundaries in an effort to effectuate change. Mr. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. (Legacy Foundation, Continued) Forbord stated that the organization was created for the sole purpose of raising money to enhance the lake area lifestyle, promote bold ideas, and help guide them to completion. The Foundation is faced with the challenge to make sure that every endeavor it creates is consistent with the heritage of the area and preserves the assets the area has to offer. Mr. Forbord stated that the Foundation selected the restoration of the Excelsior Commons as its first project. In an effort to recreate and repair the property, the Foundation has proposed to build a new bandshell, as well as, new facades for the restrooms and concessions buildings, which have fallen into disrepair. He pointed out that each building on the site is in need of cosmetic reconstruction and the Legacy Foundation's goal is to create characteristic architecture reflective of the area. Mr. Forbord indicated that the City of Excelsior has endorsed the project by Resolution and both the Minnesota Orchestra and Children's Theatre have contacted them to play there. Future potential projects include a trail corridor along County Road 19. Murphy inquired who would manage the Commons project when complete. • Since the Foundation raises its funds from private sources, the plans usually include additional dollars for continued maintenance by the City. There are many private citizens interested in restoring the area. Nygard expressed interest in talking further about the trail for County Road 19. He complimented Mr. Forbord for the Foundation's initiative, as a group of private citizens, who've taken it upon themselves to improve the community for everyone. White indicated that it wasn't as easy as the Foundation may think to get public support for all their initiatives as it relates to potential projects. Oftentimes, other issues surround a proposed plan, as in the example of the Dakota rail trails. Although a Tonka Bay resident, Forbord stated that he typically considers himself a lake area citizen and does not identify himself solely by the City in which he resides. He added that the idea for the Foundation stemmed from a group of similarly proactive residents wishing to operate as the vehicle to advance ideas, which benefit the whole area. Forbord indicated that they are actively seeking and welcome donations. PAGE 2 of 22 • MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m 4. 2001 Comprehensive Annual Financial Report - Ken Malloy Ken Malloy, of the City's auditing firm, accompanied by Finance Director Tom Kuehn, presented an overview of the 2001 Comprehensive Annual Financial Report. Malloy stated that the goal during the April/May review period was to provide a clean and unqualified opinion, test internal controls, and compliance issues. He was pleased to report no findings, which is an ideal situation. He had one concern, that the City had not yet obtained certificates from each of its brokers who handle investing for the City, which should be provided on an annual basis. With regard to the Management Report, Malloy explained that p.l -2 summarized legislation for 2001, however, due to government aid and levies, there would be many changes next year. The upcoming tax incremental financing will be a new area for Orono and Malloy cautioned the City to oversee that area carefully, as well as, the use of electronic fund transfers and credit cards. Malloy explained that page 3 of the Management Report referred to property taxes and reform, while p. 4 reflected changes in market values, providing a unique profile with the types of • properties in Orono; p.5 contained the property tax rates; p.6 a government funds overview compared to statewide averages; p.7 showed the intergovernmental charges for services, reflecting additional revenue offset for public safety expenditures. is White acknowledged that the Park budget is below the state average Malloy stated that, in general, Orono is close to statewide averages on what is spent, however, each City can allocate costs differently, which could explain the park balance. He felt that $1.6 million represented a good fund balance in the General Fund; especially, in light of the fact tax revenues only come in twice a year. He did caution the City that natural disasters could deplete these balances rather quickly. Malloy continued with p.10, depicting General Fund revenue, from which half the revenue is obtained via taxes and the other half from other sources, which has been level for virtually 10 years. Page 11 reflected expenditure trends, including utility funds, general fund, water and sewer funds, etc. He indicated that a $1 million Water Fund balance for repair and improvements was available, as was a Sewer - Operating Fund balance of $1.7 million. While on p.14, Malloy pointed out, the City struggled, as did other municipalities, with regard to Golf Course operating revenues. PAGE 3 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. (2001 Comprehensive Annual Report, Continued) In closing, Malloy reminded the Council that by December 31, 2004 the City of Orono will have to implement the restructuring of their financial statements to reflect more of a commercial enterprise type presentation. Malloy indicated that over the next few years, they will be attempting to help municipalities plan out the process, which will be an enormous task for communities' finance staff, and he cautioned the City to allow adequate resources for staff to prepare for it. Malloy stated that, overall, things in Orono are in good order and the City uses conservative accounting practices. Murphy asked what new fixed assets would be considered for depreciation under the new system. Kuehn stated that streets and buildings would be new. Murphy asked what impact this would have on the 2003 budget. Malloy stated that these entity wide statements would be examined by outside users. He • indicated that it would be hard to predict the end result until the process begins. White stated that, from the report, Orono seems to be a high value, low tax City, which the Council tries to keep consistent. PARK COMMISSION COMMENTS - Rick Meyers, Representative Meyers reported that the Dog Days celebration was well attended, as was the golf tournament, and band. The band raised $2,000 for the Navarre area, which will be used for holiday decorations. He stated that, similar to the Legacy Foundation, the Park Commission strives for Lake Area Community wide events. Meyers added that advertising for bids for Hackberry Park has begun. White complimented Meyers on his efforts for the Dog Days celebration. Murphy suggested separating it from Corn Days by spreading the events out. Meyers stated that next year the two events wouldn't conflict. PAGE 4 of 22 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS - Mark Fritzler, Representative Fritzler reported that the Planning Commission has had a series of full agendas, some of which will be addressed at this evening's Council meeting. He indicated that the Commission has made a concerted effort to be helpful in getting people to revise their plans. White complimented the Commission, stating their let's work together attitude is paying off. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT ( #5) #02 -2782 Orono Professional Properties, 2765 Kelley Parkway - Revised Concept Plan Dr. Karl Berg, Dr. Bill Kotteman, Dr. Eberts, and Bob Ritter, Applicants representing • Professional Properties of Orono, were present. Gaffron explained that since receiving Concept Plan approval per City Council Resolution No. 4823 on June 10, 2002, the applicants have continued to revise the site plan, whereas a number of the changes proposed do not change the use of the site they do significantly affect the parking layout, access location, site circulation, building size and orientation, etc. which staff concluded require a Revised Concept Plan review and approval. 0 The Applicants also advised the City that they have signed a purchase agreement to acquire the adjacent 2.5 acre parcel to the east, which in the Revised Concept Plan indicates the potential for additional parking on that site as well as shared access to Kelley Parkway. Gaffron continued that, the latest issue with the purchase is that the applicants' environmental consultant has suggested that the site may contain small pockets of defined wetlands, although not originally mapped on the site. Gaffron reported that, John Smythe, the City wetland delineator, indicated that small pockets of wetland, approximately 1 /10 of an acre exist at the center of the property. He has suggested that the City proceed with a complete delineation of the site to determine the boundaries of the wetland and determine its characteristics to determine the extent of mitigation necessary should the site be developed. The cost of work completed to date by Smythe is approximately $500; Gaffron indicated that the additional work proposed would be an additional $1,000. PAGE 5 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m ( #02 -2782 ORONO PROFESSIONAL PROPERTIES, Continued) Gaffron stated that the applicants have suggested the City should be obligated to provide mitigation for the wetland and Council should consider this issue. Gaffron stated that the Planning Commission voted 6 -0 to recommend approval of the revised Concept Plan subject to five conditions: 1. Because there has been recent City discussion regarding the possibility of converting the Highway 12 ditch to an urban section with storm sewer, the Planning Commission suggested the Council work with the applicant to escrow funds if necessary to allow construction of the trail along 12 to be delayed until the Highway 12 future section plans are determined. 2. While the Planning Commission favored the lot line rearrangement to allow parking areas proposed on the adjoining lot to be within the Medical Office Property, the applicants have since requested a cross - easement situation, which is allowed in the zoning code. 3. Dumpster enclosure can move to the SE corner of the site to be able to serve both properties. 4. It is critical that landscaping and building design on the SW side of the building be of high • quality now that the back of the building faces the 12 /OCB intersection. 5. Applicants should review the future flow of traffic in the easterly lot to ensure this plan does not have negative impacts on that site's development. Gaffron indicated that staff found the Revised Concept Plan to contain a number of elements that make it superior to the approved plan, primarily in terms of access to Kelley Parkway and site circulation. He added that a resolution to amend Resolution No. 4828 would be presented to Council at their next meeting, referencing the Revised Concept Plan and incorporating any necessary revised conditions. Murphy asked what impact the small wetland pocket at the center of the property would have on the applicants' ability to construct there. Gaffron noted that mitigation in the neighborhood of 2000 -5000 s.f taking place off site would allow them to develop the property. Murphy asked if the wetland would create such difficulties for the applicant, that their construction costs would be forced to go up. PAGE 6 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m ( #02 -2782 ORONO PROFESSIONAL PROPERTIES, Continued) Gaffron stated that there was always the need to fill at the site, however, now the applicants will be forced to find a suitable location to mitigate the wetland as well. Sansevere asked if staff had any sites in mind for mitigation. Gaffron indicated that they had not made any attempts to look for one yet. Sansevere asked what precedence there might be as to whose responsibility the mitigation should fall. Gaffron stated that, typically, it is the purchaser's responsibility. If paying full market value for the property and needing to mitigate, White asked if there were any signed purchase agreements yet. Gaffron pointed out that he was not involved in the negotiations for the purchase agreement. • Sansevere inquired whether the cost of mitigation could be taken into consideration in the negotiation process. E White pointed out that deductions are a common practice, if something is discovered that devalues a piece of property. Attorney Barrett pointed out that no purchase agreement exists yet. Sansevere questioned whether the City could give the applicants a break, or a deduct, for the parcel if they were forced to further mitigate. Barrett maintained that the purchaser could make the decision to buy the land if they want to, once they know the facts. White cautioned that if these become take it or leave it negotiations, the City would lose a nice development project that would have set the tone for the entire corner. Mayor Peterson reminded the Council that the applicants approached the City to sell the parcel, it was not for sale at the time. PAGE 7 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #02 -2782 ORONO PROFESSIONAL PROPERTIES, Continued) Nygard stated that the City needs to find out what type of wetland they are dealing with and whether there will be required mitigation. Gaffron reiterated that, although the proposed plan is superior to the original, there may be a wetland and it needs to be determined if mitigation will be necessary. White asked what the developer timeline was versus the delineation timeline. Gaffron indicated that the delineation would merely take one to two weeks. Mayor Peterson stated that the Council concurs that this new plan provides a good solution to the earlier concerns. Murphy stated that he was ecstatic with the new plan and thanked the applicants for sticking with the City and following through on this lengthy process. Gaffron indicated that while the cross - easements can be granted, the applicants need to • understand the impact this will have on parking for the second parcel. Dr. Berg stated that the building next door would likely be a two -story building with an approximate 10,000 - 12,000 s.f. footprint set parallel to Highwayl2. He maintained that with an additional cut, the flow of traffic would be improved for both sites, and he did not view parking as an issue in the future. Murphy questioned the timing for the trail proposed for the south end. Mayor Peterson stated that she would concur with the Planning Commission and support holding off on trail construction until MnDOT and Hennepin County make decisions. Murphy moved, White seconded, to accept Application #02 -2782 Professional Properties of Orono, Revised Concept Plan subject to the Planning Commission recommendations /conditions. VOTE: Ayes 5, Nays 0. Gaffron asked for clarification that the motion included that the City Council found cross - easements acceptable and staff should proceed with the wetland delineation. Council confirmed the clarification. • PAGE 8 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #6) #02 -2789 Dahlstrom Development LLC, 2550 Wayzata Boulevard West - Concept Plan Consideration - RESOLUTION NO. 4852 Steve Johnston, of Landform Designs, and Mr. Dahlstrom, the developer, were present. Gaffron reported that after reviewing the Revised Concept Plan on August 12, the City Council directed staff to draft a Resolution for Concept plan Approval, incorporating staff recommendations. Gaffron noted that five specific issues have been resolved in discussions between staff and the developer, including: 1) Kelley Parkway width and design - 32' wide with 25 on street parking spaces, 5' concrete sidewalks on both sides of Kelley Parkway behind an 8' boulevard 2) Interior Roadway system width and designs - interior two -way roads will be 22' from face of curb to face of curb, one way roads will be 16' fc /fc, increased to 18' fc /fc as needed 3) Location and design of trails and sidewalks - 8' bituminous trail along Willow Drive and Highway 12 • 4) Design of main entrance to residential development - 140' wide water feature, leaving separation for one -way signage as necessary 5) Pedestrian safety in relation to the "roundabout" - incorporating roadway and pedestrian walkway crossing design features and landscaping detail 0 Gaffron noted that staff had incorporated these standards into the proposed resolution. Gaffron further noted that the Resolution consists of two principle sections; the Findings section (pages 2 -9) which documents the City's goals, intent, and policies pertinent to this development, and The Conclusions, Order, and Conditions section (pages 9 -19) which establishes the conditions and expectations that the developer must demonstrate are met with the Development Plan submittals. The discussion with the applicants on August 22 also included the topic of affordability, which Gaffron stated would be addressed by the applicant this evening. As a sidebar, Sansevere asked to discuss item #20 from the evening's agenda, Authorization for a traffic study, and see this cost incorporated into the proposal. Sansevere argued that if it were not for this development, the City would not be conducting a traffic study at this time at all, thus he felt it was not the City's responsibility to pay for it. He felt the developer should pay for the study since the affected intersections surround his development. PAGE 9 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m ( #02 -2789 DAHLSTROM DEVELOPMENT, Continued) Johnston stated that the applicant's position was that, within the City development plans, there should be a land use traffic plan study incorporated into it. He questioned how much the study would cost. Moorse indicated the study would run approximately $9,500. Johnston stated that this would not be a huge issue for them. Murphy maintained that, personally, he felt the City should take responsibility for conducting more traffic studies for future planning purposes anyway. White questioned the rationale for piggybacking the cost of the traffic study onto the Dahlstrom development. He felt it unfair to burden them with a responsibility that should be the City's. Mayor Peterson asked if the study included the entire quadrant or simply their development area. Sansevere stated that he could understand the developer not wanting to pay for the entire study, • if there were things within it that wouldn't even impact them. Johnston indicated that, originally, not knowing the magnitude of the study, the developer had only committed to paying for a portion of the study, however, now knowing the cost, they would be willing to pay for the entire $9,500. Nygard felt it to be the City's responsibility to pay for the traffic study in regard to what the area was zoned to support. He believed it to be unfair to burden the developer with the entire cost of the study simply because the City had not executed its due diligence ahead of time. Murphy suggested splitting the cost of the traffic study. Dahlstrom felt that sounded to be a fair alternative. White maintained that the City's expectation is that the intersections accommodate an acceptable level of traffic and asked Gappa what staff hoped to gain from the study. Gappa noted that staff would like to look at the entire corridor, from OCB and Highway 12 on. He indicated this to be a timely study, which would help to develop a clear idea of what OCB should look like. C� PAGE 10 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #02 -2789 DAHLSTROM DEVELOPMENT, Continued) Gaffron pointed out that Shelly Johnson, of Bonestroo, would be reviewing the impact of the intersections regardless of the development. He reiterated that the timing for the study is excellent with the impending redevelopment of Highway 12. Gaffron agreed that a split would be reasonable. Mayor Peterson stated that she had reservations, not having seen any designs other than the proposed height element with 40' peaks. She questioned whether the Council is granting a variance for height on p. 5 # 13, to allow for this excessive height. Gaffron stated that, since this is being processed as a PUD, the excess height is not necessarily a variance, and there is little issue with height since the Planning Commission found this location to be one of the only places in Orono able to support this height. Mayor Peterson asked what the proposed treescape for Kelley Parkway would include. Gaffron indicated that the designs had not reached that detail yet, however, the Council could • mandate certain elements. l� J With regard to lighting, treescape, or design elements that are not satisfactory to Council, Mayor Peterson reminded the developer that this project would not move forward, even if they were granted concept plan approval this evening. Murphy asked if the correspondence between Moorse and the developer satisfied the City. Moorse indicated that staff and Dahlstrom had discussed affordability, other projects built in the 80`s -90's, and clearly the City found they have experience, however, he wished to see information regarding recent developments the developer has been involved with. Murphy questioned the issue of affordability. Moorse stated that Dahlstrom would attempt to make a number of lofts and two story townhomes affordable via different programs or designs. Sansevere asked if the lofts were still approximately $220,000, and whether buy down or subsidy programs would help to offset those costs. PAGE 11 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #02 -2789 DAHLSTROM DEVELOPMENT, Continued) Dahlstrom indicated that through down sizing some units and altering others, as well as offering, subsidy programs, they hope to work with their consultants regarding funding opportunities to provide a number of affordable units. Sansevere asked if they had experience with affordable housing in any of their other developments. Dahlstrom indicated they had not. White maintained that while Orono is hard pressed for affordable housing, they would prefer that to a City tax subsidy. Murphy felt the City and developer would grow together as they progressed, and voiced his curiosity over the non -grocery store parcels, and what would become of them. He stated that there is much the City does not know, and while he empathized with the developers need to keep his financing source quiet as of yet, he was concerned how the financing would proceed. He feared that this beautiful parcel might be bulldozed and stand empty, despite everyone's best . efforts to develop it properly. He thanked everyone for their ongoing efforts to resolve these outstanding issues. Dahlstrom stated that he had built residential developments as recent as `96 and `98. Mayor Peterson asked if he had anything being built at this time. Dahlstrom indicated that he did not have any current developments being constructed at this time and had been focused on this project for the good part of a year. He mentioned that he had vast experience with multi - family housing projects and this proposal is a culmination of a purposeful venture to blend both multi and single family housing. Mayor Peterson asked if this was Dahlstrom's first development of this magnitude. Dahlstrom stated that this would be the first time he has been able to find land to support this development and build all three types of housing units, the lifecycle housing. White felt it a great marketing technique to market to varying lifecycles within the development. With regard to affordability, Murphy insisted that everyone has their own opinion of what affordability is and he encouraged Dahlstrom to obtain input from various organizations. 40 PAGE 12 of 22 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #02 -2789 DAHLSTROM DEVELOPMENT, Continued) Mayor Peterson stated that she would decidedly be casting a nay vote based on the density of the proposed development. She felt the basic philosophy of Orono was to offer wide open spaces and found it difficult to accept as many as 6 units per acre. She stated that she truly appreciated the developer's efforts to resolve staff's issues. While he could applaud Dahlstrom's efforts to work to provide affordable housing, Sansevere stated that this was not a huge priority to him. Dahlstrom stated that he believed they would be able to achieve affordability within the development. He thanked the City for its efforts over the past many months and many meetings with staff, Planning Commission, and Council. Barrett suggested striking paragraph 8, on page 19 of 21, of the Resolution and, as legality suggests, adding to paragraph 6, "additionally, the Council's rezoning approval will depend on the Council's evaluation of the financial strengths and organizational capacity of the developer." • Murphy moved, Nygard seconded, to adopt Resolution No. 4852, approving Application #02 -2789, Dahlstrom Development LLC, 2550 Wayzata Boulevard, Proposed Residential Development - General Concept Plan, with the changes and deletions recommended by the City Attorney, subject to the specific staff recommendations and key issues discussed. VOTE: Ayes 4, Nays 1, with Mayor Peterson casting the single dissenting vote. White reminded Council that the developer had met the required zoning density figures as written in the comprehensive plan. *( #7) #02 -2803 - Jeff Martineau on behalf of Cherry Stubbs, 2920 Fox Street - Class II Subdivision - RESOLUTION NO. 4853 Murphy moved, White seconded, to adopt Resolution No. 4853 approving the preliminary plat for a two -lot subdivision and variances for residence and out buildings on Lot 2 for the property located at 2920 Fox Street, Jeff Martineau on behalf of Cherry Stubbs. VOTE: Ayes 5, Nays 0 *( #8) #02 -2811 Daniel and Ruth Parten, 1015 Tonkawa Road - Variance - RESOLUTION NO. 4854 Murphy moved, White seconded, to adopt Resolution No. 4854 approving the average lakeshore setback variance to make changes to the lakeside of the residence located at 1015 Tonkawa Road, Daniel and Ruth Parten. VOTE: Ayes 5, Nays 0. PAGE 13 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. *( #9) #02 -2814 William and Sandra Keegan, 2707 Walters Port Lane - Variance - RESOLUTION NO. 4855 Murphy moved, White seconded, to adopt Resolution No. 4855 approving the side adjacent street setback variance to construct an attached garage for the residence located at 2707 Walters Port Lane, William and Sandra Keegan. VOTE: Ayes 5, Nays 0. *( #10) #02 -2816 Orono Montessori, 3800 Wayzata Boulevard West - Conditional Use Permit - RESOLUTION NO. 4856 Murphy moved, White seconded, to adopt Resolution No. 4856 approving a Conditional Use Permit to operate the Orono Montessori School/Day Care Center on the property located at 3800 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. ( #11) #02 -2819 Tim Devries, 2180 Abingdon Way - Conditional Use Permit - RESOLUTION NO. 4857 Jim Robin, Landscape Architect representing the Applicant, was present. Weinberger explained that the applicants were requesting a conditional use permit to alter land in is excess of 500 cubic yards. The applicants are constructing a tennis court on the property and a conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. Weinberger noted that the applicants own the property (Lot 6), Abingdon Glen, and the adjacent vacant property (Lot 5). He pointed out that of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to lot 5 and the remaining 420 cubic yards will be used as fill on lot 6 to construct the tennis courts. The fill being trucked to Lot 5 will be used to "correct grade irregularities, cover small stumps and debris, and to eliminate an 18 -inch difference in grade from the existing driveway on Lot 6 to Lot 5 ". The tennis court will be located southeast of the residence and meets front and side yard setbacks, the 26' setback from the delineated wetland on the property, and will be 180' from Long Creek where a 100' setback is required for non - sewered property. The court will be used as a hockey rink during the winter months. Weinberger reported that the Planning Commission recommended by a 510 vote to approve the application as presented, subject to 5 conditions. is PAGE 14 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #02 -2819 TIM DEVRIES, Continued) 1. The area of Lot 5 to be filled must be reduced to allow some measure of future flexibility in septic site location should the existing tested sites be disturbed or found unusable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portion of Lot 5 where fill will be deposited. 3. The delineated non -City protected wetlands on the survey be documented via a notification to be filed in the chain of title, along with the wetland delineation report for future reference. 4. The grading plan must be revised to eliminate any fill within 26' of the delineated wetland. 5. Property owner shall be advised that the Orono zoning ordinance requires lighting in all instances to be diffused or directed away from the property lines in R Districts. Weinberger noted that the Planning Commission further considered two issues in relation to construction of the tennis court and land alteration. First, with regard to the Wetlands /Septic, the new delineation performed under the more recent WCA rules show that areas now defined as wetlands are more extensive on the site than those protected under the 1983 subdivision. Furthermore, the property is serviced by an on -site septic system, which staff has deemed will not be directly affected by the proposed tennis court construction. Second, since the tennis court will be converted to a hockey rink in the winter, the Planning Commission felt consideration should be given to use of shoebox downward cast lighting with diffusers of some sort to reduce the impacts of reflective glare. In addition to the Planning Commission recommendation, Weinberger pointed out that staff recommends the area of fill and truck traffic on Lot 5 be reduced and that the applicants take extra precautions to avoid any disruption within 50' of tested sites, to allow for future flexibility. He added that the applicant would be required to obtain a Watershed District permit as well. Mr. Robin clarified that the fill on Lot 5 will range from 0 to 18 inches in order to correct irregularities. White asked where the Wilsons live in relation to the proposed courts. Weinberger pointed out that, as the nearest neighbor, the Wilsons live quite a distance across the creek, approximately 500 feet away. Gaffron explained that the Wilsons have concern about the applicant meeting City ordinance, and concern that City ordinances don't go far enough in their requirements. He added that the lighting recommendation had already been incorporated into a condition of the resolution. Beyond the ordinance, the applicant has suggested that they are sensitive to the lighting issue and propose to be good neighbors. He cautioned the Council that there is nothing in the ordinance about lighting that can be tied to a grading issue. PAGE 15 of 22 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. ( #02 -2819 TIM DEVRIES, Continued) Murphy suggested the applicants place the lights on the east side of the property to ensure they face the residents' own home only. White questioned how intensive a rink they were proposing. As a mere rink for their personal use, he didn't view this to be a highly competitive style rink. Robin stated that the court would be converted to a backyard rink, which could benefit from further landscaping or plant material to obstruct views. White indicated that it was wonderful to hear that the applicant was sensitive to the potential issues with the neighbors and encouraged them to continue to be good neighbors, as the Wilson's have been active City wide conservationists. Murphy inquired what the work would mean to Lot 5. Gaffron indicated that nothing would change with regard to the usability of Lot 5. Moorse questioned whether a condition could be added to the CUP, with regard to lighting, that the City would be allowed to reconsider the permit, if issues with the neighbors arise. Gaffron questioned the legality of adding any condition of this nature to a grading permit. Barrett indicated that this would enter a legal gray area. Murphy moved, Nygard seconded, to adopt Resolution No. 4857, approving a Conditional Use Permit to alter land in excess of 500 cubic yards for the property located at 2190 Abingdon Way, Tim and Gayle Devries, subject to staff recommendations /conditions, with the understanding that the applicant will work to the best of their ability to mitigate the lighting issues with the adjoining neighbors. VOTE: Ayes 5, Nays 0. Robin asked if the wetland delineation documents would be attached to the chain of title. Gaffron affirmed that the notice of protected wetland would be attached to the chain of title. PAGE 16 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m PUBLIC SERVICE DIRECTOR'S REPORT ( #12) North Arm Lane Paving Project - RESOLUTION NO. 4858 Gappa explained that a Public Hearing was held at the August 12th Council meeting for a possible assessment project for the paving of North Arm Lane. Five of the seven property owners were present and spoke at the hearing. Three were in favor of the project, and since that time, Gappa indicated that he spoke to a sixth resident who was not interested in the project. After several unsuccessful attempts to reach the seventh owner, staff was unable to obtain comment. If the Council believes the North Arm Lane Paving Project to be appropriate and beneficial, Gappa explained that the next step would be to approve the resolution ordering preparation of plans and specifications for the project. Gappa indicated that it would be staff's preference that the project be completed, as North Arm Lane is the only remaining gravel road in Orono. A paved road would require far less maintenance and reduce the amount of time spent patching the poor condition pavement on this • road. P Mrs. Smith and Mr. Sipprell, North Arm Lane residents, were in attendance. Mayor Peterson asked why Mrs. Smith had referred to the road as a private road. Mrs. Smith indicated that, originally, the road was owned by the Armstrongs who have an easement for the road. Gappa explained that, to his knowledge, the road had been publicly maintained for the past 40 plus years. Gaffron stated that approximately 3 years ago the City obtained the road ROW parcel, which clearly makes this a public road. Sansevere stated that the neighborhood is split 3/3, for and against the paving project, without the final vote being cast from neighbor number 7. He questioned if the gravel maintenance estimates, cited in Mr. Sipprell's letter, were accurate, four trips a year at an estimated $750. each = $3,000 annually. Gappa stated that the estimate of $750 cost per visit was pretty close to accurate for the only public gravel road in Orono. PAGE 17 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. (NORTH ARM LANE PAVING PROJECT, Continued) Mayor Peterson asked how this assessment would affect or increase the property values. Barrett pointed out that property owners could appeal their assessments, however, would likely benefit from the enhancement. Mrs. Smith questioned why the assessment value was divided by 7 straight across the board versus divided proportionately by property tax assessment values. Mayor Peterson pointed out that, like sewer, every unit gets the same assessment. Sansevere inquired if Mrs. Smith would be or was near 65, pointing out that there is a mechanism to defer the entire assessment for people 65 or older who are current property owners. He believed, that if she were able to meet age and income requirements, she might be able to defer payment until sale of the property would occur. Moorse stated that he believed there to be a 5 -10 year deferral period with that program. White asked if there were pavement in front of the Smith property already as indicated by Mrs. • Smith. Gappa stated that the pavement is in poor shape and would be reclaimed as part of the paving project. Mrs. Smith asked where the water would be deferred as it runs down the pavement. Gappa indicated that the water runoff would go to the sides as it does currently. Murphy questioned Dick Armstrong's opinion or position on the matter, as a resident in the neighborhood. Gappa pointed out that the Passes own the property and did weigh in opposed to the project. While Sansevere felt the road should be paved, he was hesitant since three of the seven were opposed to the idea and the project could pose a hardship for those residents. White indicated that there may never be a consensus, even if paving the road is the right thing and makes the most sense. The current condition of the road costs the City a great deal in maintenance, improving the road will improve property values, and White pointed out that the assessment costs for some of the residents can be deferred. 40 PAGE 18 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. (NORTH ARM LANE PAVING PROJECT, Continued) Murphy stated that there were more reasons to pave the road, than to not, however, he questioned if the City could further reduce the cost of the assessment since this is the last gravel road in Orono and paving it will save the City money. Sansevere concurred, speculating that if the City saves $1,500 annually by reducing the number of trips to the area, it could in turn likely reduce the cost. Gappa indicated that after bids are collected, this could be addressed during the assessment hearing. Sansevere asked Mrs. Smith if she would be interested in learning more about the deferral program. On a personal note, Murphy added that, as charged with maintaining a private gravel road, he felt the residents would be far better off with a paved roadway, but suggested the country charm of the area be maintained. • Mr. Sipprell pointed out that their postal carriers have expressed concern traveling this roadway under certain weather conditions. 0 Murphy moved, White seconded, to approve Resolution No. 4858, ordering the preparation of plans and specifications for the North Arm Lane paving project. VOTE: Ayes 5, Nays 0. Sansevere asked if language should be added to the recommendation with regard to defraying the costs. Gappa felt the time to address this question would be at the assessment hearing. MAYOR/COUNCIL REPORT Mayor Peterson asked how the City was progressing with the mediation between Joel Walvatne and Cliff Otten. Moorse indicated that the mediators would be contacting both parties within the next few days to begin the mediation process. Mayor Peterson pointed out that she would be late to the September 9, 2002 City Council meeting, and asked Sansevere to begin the meeting without her. PAGE 19 of 22 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m (Mayor /Council Report, Continued) Mayor Peterson will be attending the Mound Fire Board Meeting that night, as well as the upcoming Mound Fire Fighters General Membership Meeting, to deliver accurate figures and facts to the fire fighters, and clear up any misinformation that is going around. Murphy indicated that he, and others of the Fire Committee, plan to attend the Long Lake City Council meeting this week to discuss the RFP and the shared maintenance facility. Sansevere expressed his opinion that a representative of Long Lake should take the leadership role in evaluating the options of locating the Long Lake maintenance facility adjacent to Orono`s maintenance facility. White stated that work needs to be done to accomplish a compromise with Maple Plain as well. Nygard complimented Gappa on his work with the Caroline Avenue residents with regard to the drainage issues. PUBLIC SERVICE DIRECTORS REPORT CONTINUED • *( #13) Request for Final Payment - Shoreline/Heritage Sanitary Sewer Project Murphy moved, White seconded, approving the Request for Final Payment, Shoreline/Heritage Sanitary Sewer Project to G.L. Contracting Inc. in the amount of $11,291.96 VOTE: Ayes 5, Nays 0. *( #14) Request for Final Payment - Highwood Road Storm Sewer Project Murphy moved, White seconded, approving the request for Final Payment, Head Property Sanitary Sewer Project to Minncomm Inc. in the amount of $39,755.00 VOTE: Ayes 5, Nays 0. *( #15) Approve Purchase of Golf Course Tee Mower Murphy moved, White seconded, approving the purchase of a replacement tee mower from GreenImage Inc. in the amount of $19,800. to be funded from the year 2002 Golf Course Fund, Capital Equipment Budget. VOTE: Ayes 5, Nays 0. 0 PAGE 20 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m CJ CITY ADMINISTRATOR'S REPORT *( #16) Pay Request - Long Lake Fire Station Murphy moved, White seconded, to approve the request for payment in the amount of $4,675.50 to Kirk Program Management, to be funded from the Joint Fire Station Fund. VOTE: Ayes 5, Nays 0. *( #17) Application and Certificate for Payment No. 4 - Long Lake Fire Station Murphy moved, White seconded, to approve Application and Certificate for Payment No. 4 from Rochon Corporation in the amount of $357,982.50, to be funded from the Joint Fire Fund. VOTE: Ayes 5, Nays 0. *( #18) Appointment of Building Inspector Murphy moved, White seconded, to appoint Bruce Vang to the position of Building Inspector at the Level 2, Step IV rate of $23.34 per hour, effective September 3, 2002. VOTE: Ayes 5, Nays 0. *(19) NPDES Guide Plan Payment Authorization Murphy moved, White seconded, to approve the payment of the invoice from the LMC for the development of the NPDES guide plan, in the amount of $5,000.00, and to amend the Stormwater Fund budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. ( #20) Authorization for Traffic Study As discussed earlier, Sansevere reiterated his opinion that all intersections are impacted by the Dahlstrom Development project, therefore, they should be responsible for paying for the traffic study and not the City. Murphy contended that 2/3 of what needs studying would need to be addressed whether the development was going in or not. White moved, Nygard seconded, authorizing BRA to move ahead with the sub area transportation study, at a cost not to exceed $9,500.00, and to amend the Public Improvement Revolving Fund budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. PAGE 21 of 22 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. *( #21) LICENSES Club Firearm Use Permit 1. Annual Permit for: Special Event Permit Park Gun Club 3660 Sixth Avenue North 1. Applicant: Boyer Building Corporation Event: 2002 Remodelers Showcase Location: 900 Partenwood Road Date: October 11 -13, 2002 Time: 9:00 a.m. - 5:00 p.m. Murphy moved, White seconded, to approve all licenses. VOTE: Ayes 5, Nays 0. *( #22) BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT White moved, Nygard seconded, to adjourn the Orono City Council Meeting of August 26, 2002 at 9:50 P.M. VOTE: Ayes 5, Nays 0. ATT ST: �tinaa S. Vee, City Clerk PAGE 22 of 22 Barbara Peterson, Mayor 40 •