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HomeMy WebLinkAbout01-27-2003 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Murphy, Jay Nygard, and late arrivals Jim White and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:03 P.M. Jim White arrived at 7:06 P.M., after the Consent Agenda Motion. CONSENT AGENDA 1. Approve /Amend Items #13, 14, 15, 16, 17, and 20 were added to the Consent Agenda. Murphy moved, Mayor Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. • APPROVAL OF MINUTES *2. Regular Council Meeting of January 13, 2003 Murphy moved, Mayor Peterson seconded, to approve the Minutes of the Regular Council Meeting of January 13, 2003 as presented. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS - Pat Wolfe Wolfe had nothing to report but offered to stay for questions. PLANNING COMMISSION COMMENTS - David Rahn, Representative Rahn had nothing to report, however, indicated he would stay for questions. Council Member White arrived at 7:06 P.M. LMCD REPORT - Lili McMillan McMillan was pleased to report that, in December, Hennepin County approved funding for two additional deputies. She reported that the shoreline count, performed by boat, • indicated many trends, for instance; boat storage is up by 10 %, with riparian storage up as well, personal watercraft, pontoons, and fishing boat counts were also up. Sailing was PAGE 1 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • LMCD REPORT — Continued down slightly. Although the report is done every two years, McMillan indicated that the LMCD would like to complete a count again this year, if time permits. McMillan pointed out that, studies and counts such as this, bring questions to bear like how much storage can we have on the lake before it affects quality issues. McMillan reported that, thankfully, Minnestrista denied the 13 boat Upland Farms boat marina. She reiterated how important it is to keep density down by denying platted outlots. Murphy questioned how tributaries would be affected by development of outlots. While she felt the Ordinance did not go far enough, McMillan stated that the current ordinance only allows electric motors on the tributaries. Although this does not necessarily solve the problem for communities like Minnetrista, McMillan stated that Orono is on the right track. PUBLIC COMMENTS There were none. 18. REQUEST FOR RECONSIDERATION OF THE COUNCIL'S ACTION • REGARDING THE APPEAL BY THE NARROWS SALOON OF A LIQUOR VIOLATION PENALTY - moved up on the agenda Administrator Moorse explained that, Sergeant Erickson, on behalf of the Orono Police Department has requested that the City Council reconsider the waiving of the civil penalty and impose the full amount of $500 for a first offense violation. Moorse reported that, at the previous City Council meeting, Sergeant Erickson had left prior to the public hearing to attend a different meeting and missed the opportunity to provide the City Council with important background and detail regarding the liquor violation. The police department was requesting the City Council schedule a new public hearing. Nygard moved, Murphy seconded, stating that Sergeant Erickson made a very compelling argument to the City Council to allow a new public hearing to reinstate the alcohol compliance civil penalty for the Narrows Saloon. Stunned by the differences between the Sergeant's report and the report he heard from the Narrows Saloon at the last meeting, Murphy pointed out the importance of having a police department representative present at these public hearings in the future. He asked the Sergeant if he had any question in his mind about the sequence of events related to the alcohol violation. Sergeant Erickson stated there was no question. PAGE 2 of 28 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. (REQUEST FOR RECONSIDERATION OF LIQUOR VIOLATION PENALTY — Continued) For clarification, White stated that it was the City Council that made the mistake at the last Council meeting allowing the public hearing after the police department representative was called away to another meeting. The police department was by no means, at fault. In fact, White stated the department representative was on time to the meeting, it was the other side that was late, thus delaying the public hearing. Since the public hearing was delayed, the police department representative was called away. White pointed out that the Council should not have considered the issue and held the public hearing without having both sides present, therefore they will be rescheduling the public hearing. VOTE: Ayes 4/0. Mayor Peterson noted that the rescheduled public hearing would likely take place at the first City Council meeting in February. ZONING ADMINISTRATOR'S REPORT *3. #02 -2753 WESLEY BYRNE, 2817 CASCO POINT ROAD, - PLAN REVISIONS • Gaffron explained that the applicant was granted a 75 -250' hardcover variance in March 2002 for major additions to the existing residence. The variance was granted based on a finding that the exist.;-.,- residence building and foundation would not be altered as part of the remodeling, and that no lot area/width variances were necessary because the existing house walls and foundation will remain, without structural repairs. Gaffron noted that a condition of approval was that if it was determined that the existing foundation would need to be replaced or repaired, all variance approvals would be withdrawn and a new variance application submitted. Not discussed in the approvals was the fact that a portion of the existing house was 6' from the side lot line where a 10' setback was required. Unclear also, during the original review, was that the roofline in the substandard setback was intended to be raised, requiring a side setback variance, which was not addressed in the approval. Only recently, the building inspector noted that the second story of the existing residence had been completely removed, including the portion encroaching past the side setback. Gaffron added, that further, it has been determined that the portion of foundation below the first story wall with substandard setback is not adequate to support the first floor without major repairs, much less replacement of the second story. Gaffron pointed out that replacement of the removed second story in the substandard • setback clearly requires a variance. At a public hearing on January 22, 2003, the Planning Commission reviewed the issues. The adjacent neighbor nearest the structure made PAGE 3 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. ( #02 -2753 WESLEY BYRNE, Continued) comments in support of the applicant and the Planning Commission reached the following conclusions: 1. Both the applicant and City bear some responsibility for the misunderstanding of what additions were intended and what roof expansions were actually being proposed. 2. In 2002, the Planning Commission felt they were primarily approving additions to the existing residence, and the existing residence would not change substantially. The Planning Commission felt the extent of the removals now far exceeds what they expected. 3. The applicant's structural engineer has identified verbally that the foundation below the remaining first floor requires renovation to continue to serve the first and second floors. 4. The Planning Commission recommended that within the 10' side yard, the applicant should be allowed only to retain or replace structure within the envelope of the original house walls and roof. Therefore, the building plans would have to be revised to match, not exceed, the original spaces that pre- existed, and the second story roof may not be raised beyond what previously existed. While functionally granting a variance to allow construction within the side yard, the vote • on the above conclusion was 6 -1, with Alternate Hannaford in the minority opinion that due to the circumstances the applicant should be allowed to construct the expanded 2nd story as shown in the plans. Mr. Byrne stated that throughout the planning stages of the project he had worked closely with planning staff to design a proposal that, he believed, covered all his bases. He acknowledged that he probably should have provided better drawings originally, however, maintained that the drawings had not changed from what the City had seen from the start. While he had anticipated some problems with a 60 year old foundation, he wasn't aware of the extent of the demolition that would be needed versus repair. After several uneventful visits by Inspector Lyle Oman, he was unaware that 7 months into construction, the project would be halted. Mr. Byrne asked the Council to allow him to build the home he had originally planned and submitted, adding that to change things now that the trusses were built and windows bought would be very costly to him. Mayor Peterson asked how far along the construction was when Lyle Oman had visited. Mr. Byrne pointed out that the inspector had been out on occasion. He believed the last visit had been when the footings of walls and the basement had been inspected. As of late Inspector Bruce Vang, along with his own structural engineer identified the necessity to correct the silt plate and rot along the foundation. • PAGE 4 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. ( #02 -2753 WESLEY BYRNE, Continued) White believed, while both sides were at fault, nothing would be gained by cobbling house together. He felt the applicant was making great improvements to the property. Gaffron maintained that the issue was one of encroachment versus hardcover. Mayor Peterson asked if the applicant would be encroaching further than before. Gaffron indicated that the encroachment was not closer but higher mass would be added. Murphy asked what would be gained by requiring the applicant to jog in his second story. Mayor Peterson asked what the neighbor's opinion had been. Gaffron reiterated that the neighbor was in support of the design as submitted. With regard to the jog, Gaffron pointed out that the City requires a 10' side yard setback. The question here is a feeling of visual density, of too much house for the lot, which the Planning Commission wrestled in it's last meeting. • Murphy inquired what the plans showed in the original drawings. Gaffron stated that, while Mr. Byrne has the original drawings, which were approved with him, the volume is what wasn't apparent in March 2002. Commissioner Rahn stated that he had been present at both the original approval and the review and had he been aware of the vertical encroachment with the original submittal, the Commission would have likely not allowed it. Mayor Peterson asked if this plan was what was originally approved. Gaffron confirmed this, acknowledging that the vertical side setbacks were not considered. White stated that, in his opinion, the City approved this house and he found it difficult to change the requirements now. Nygard pointed out that massing usually is dealt with as a matter of sunlight or views and how massing impacts neighbors. In this case, he felt massing was irrelevant. Mayor Peterson and White concurred. Attorney Barrett indicated that one basis the City could use to allow the original plan to go forward would be to say they are simply going to reaffirm the original motion, versus • granting a new variance that would make future applications difficult to distinuish the difference. PAGE 5 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. ( #02 -2753 WESLEY BYRNE, Continued) Nygard moved, White seconded, to reaffirm the original motion, which allowed the property located at 2817 Casco Point Road to develop in conformance with the original site plan attached as exhibit B. Mr. Byrne asked if he could fix the foundation. The Council stated he would be required to do so. VOTE: Ayes 4, Nays 0. 4. #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, "2550" WAYZATA BOULEVARD WEST - RESOLUTION NO. 4915 a) REQUEST FOR FINAL APPROVALS b) SALES TRAILER APPROVAL Gaffron explained that on December 9, 2002 the Council voted 5 -0 `to approve the language' of the draft with final Council adoption of the Resolution Granting Preliminary Plat approval and General Development Plan approval to occur when MCWD approvals were granted and any remaining engineering issues were resolved. The motion also • included approval of the development fee structure as set out in the staff memos of December 4, 2002 and December 6, 2002. Additionally, Council noted that the City would provide the applicant a letter defining the City's support of the project, at the applicant's request. On January 14, 2003, staff, Wallace Case, and the applicant reached an agreement on which aspects of the specific recommendations of the landscape plan were incorporated as requirements. As the applicant's bank has suggested that the City's approval is key to completion of the financing for purchase of the land, Gaffron reported that the applicant has requested that Council grant General Development Plan and Preliminary Plat approval by adopting the proposed Resolution, subject to conditions necessary to give the City assurance that the City's interests in the project are protected. The purchase must be closed by the February 7, 2003 option expiration date. Gaffron pointed out that the Stonebay Development property is one of a small number of areas the City has guided for higher density residential development to enable a broader range of housing options. Late in the development review process, the issue of providing a number of units at affordable cost levels was introduced, the developer proposed to subsidize a small number of units to reduce the price. The subsidy was going to cost the developer $200,000 to $300,000. At the time, the Council felt this to be a small token effort to make a small number of units more affordable. It was then suggested the money be placed in an affordable housing fund to be used for future affordable housing projects. • The developer indicated this would be agreeable as long as the City had a program in place PAGE 6 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) and this development was not being singled out for the affordable housing payment. As the Council was unclear of the City's role in the housing issue, it was determined that a housing workshop be held to enable the Council to gain a better understanding of the issue, prior to making any decisions about a housing program. Gaffron continued that, during the course of recent discussions with the developer, Dahlstrom indicated that he felt the issue of funding for affordable housing in relation to the Stonebay development had been taken off the table; therefore, there was no funding related to a contribution toward affordable housing built into the financing of the project. Gaffron noted it is staff's recommendation that the Stonebay developer make a contribution toward affordable housing with the following conditions: The developer does not need to make the contribution up -front, with timing of the contribution being worked out between staff and the developer. If the City has not put in place a program to assist the development and preservation of affordable housing within one year, the contribution does not need to be made. • With regard to the latest site layout revisions, Gaffron pointed out two significant changes for the Council to consider: is 1) because it is expected that MCWD will not approve wetland fill for creation of Northwest Lane, the developer is proposing a bridge over a 100' finger of wetland that was originally proposed to be filled 2) because it is expected that MCWD will not approve certain minor wetland buffer encroachments along North Lane, the latest layout shows 3 rambler townhome units encroaching into the required 35' setback from the north boundary of the property Gaffron maintained that the Council must reach a conclusion on whether the setback variances should be granted and whether sufficient vegetative growth exists, or more should be added to protect the separation to the homes in Willow View (which are 300' away). Gaffron pointed out several additional changes that would result from the revised layout including: - The number of units with driveway access to Northwest Lane increases from 19 to 20, while designated on- street parking is reduced from 17 to 6 stalls. PAGE 7 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. . ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) - The character and feel of North Lane becomes more `open', as the number of units with driveways accessing North Lane reduces from 16 to 12. - With regard to the wetland encroachment of the 26' Orono setback by buildings, roads and trails, staff does not have a problem with the minor wetland and/or buffer impacts proposed which generally pose no greater impact to the actual wetlands themselves as compared to the approved concept plan. Gaffron pointed out that the drainage emergency overflow issue has been resolved, as the applicant has revised plans to show such an overflow across Kelley Parkway west of the main entry road. With regard to the pending MCWD approvals, Gaffron stated that, it appears, Mike Wyatt of MCWD, is in support of the current site plan and wetland impact/mitigation plan. Although it will not go before the MCWD board until February 27, Gaffron indicated that Mr. Wyatt believed the wetland buffer variances are the main issues remaining for discussion. As the Concept Plan Approval resolution would not be granted until MCWD permits are in . hand, Gaffron stated that, from staff's perspective, the Council has the option of adopting the General Development Plan and Preliminary Plat Approval resolution subject to at least four important conditions: 1. If MCWD approvals result in revisions to the site plan and preliminary plat, the changes are subject to review by the Council and the Council has the option to not accept the changes. 2. A firm commitment is needed from the developer regarding the payment of the various development fees based on the amounts or formulas as defined in Council's approval of staff recommendation December 9. 3. A firm commitment is needed from the developer regarding payment of a contribution toward the City's affordable housing program in lieu of providing units within the project. 4. If there are significant revisions to the site plan, the amenities, or any other aspects of the approved plans, the City Council reserves the right to further review and accept or reject those changes. Gaffron suggested the Council review page 14 of the Resolution, which establishes the conditions that must be met before final plat approval and/or before rezoning would occur. Gaffron noted that the developer has indicated that he is willing to sign a waiver of any • vested rights he may have accrued by obtaining preliminary plat approval, to give the City PAGE 8 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) an additional level of comfort with granting the approvals requested. Finally, Gaffron explained that the applicant has requested a temporary sales office trailer be located on the commercial outlot at 12/Willow for approximately 1 year until model units are available or it can be moved into the site north of Kelley Parkway. Once again, Gaffron noted that, based on the fact that the majority of the pending issues have been resolved or are expected to be resolved, and based on the inclusions of various disclaimers, caveats, and waivers already discussed and appearing in the Resolution, staff recommends adoption of the proposed "Resolution Granting Preliminary Plat Approval and General Development Plan Approval for Planned Unit Development No. 4" subject to any additional conditions Council feels are appropriate. While there were four things that MCWD was comfortable with, Gaffron was unsure whether they would support the wetland buffer impacts and variances. Since the wetlands have been defined and accepted by MCWD, as indicated earlier, this has affected the layout of the northerly parcels, thus, requiring minimal structural impacts where corners of buildings abut the buffer zones and setbacks. He noted that staff is comfortable with • granting these variances. Mayor Peterson asked whether staff was comfortable with the reduction of on- street parking spaces. As each unit offers 2 -3 stalls of parking on -site, Gaffron did not feel the reduction would have a large impact on parking overall. Adding that the developer had substantially met the standard, Gaffron asked if Council would like to require additional parking. Murphy felt the reduction was caused by the new wetland delineation and did not feel additional parking was warranted. Steve Johnston, of Landforms Engineering, pointed out that the need for variances was necessary after the MCWD connected several small wetlands. By connecting these smaller wetlands, MCWD made it virtually impossible to avoid the wetland area altogether, thus requiring variances to allow one unit 10' away from the property line. He maintained that the homes would still be 330' away from the nearest house thru a natural buffer. Johnston also noted that the developer would prefer to keep the garages on the sides to improve the street side approach aesthetically. Murphy asked if the natural buffer was a buildable site. • Gaffron pointed out that the land would not be built on since it was created specifically as a buffer outlot for Willow View. PAGE 9 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Johnston stated that the developer could obtain a 20' setback without turning the buildings, however, they would lose the ability to offer three car garages and the garage doors would face the road. By asking for a 10' setback, Johnston stated that they could retain these things, and he didn't believe there was a significant difference between a 330' versus a 340' buffer setback from Willow View. He reported that the wetland fill required for the project had been reduced by 4/10 of an acre. White asked how the wetlands would be marked, in order to protect the wetlands during construction. Gaffron stated that the City would expect silt fencing along the buffer areas and that all the workers would be familiar with the delineation. Johnston concurred, stating that the development would be surveyed within the delineation and silt fencing installed. Sansevere arrived at 8:03 P.M. Although conversations with MCWD have been favorable, Murphy reminded everyone • that buffer issues are critical to them. Johnston stated that, while Orono requires 26' buffers, MCWD buffers often vary 10 -40'. He indicated that, obviously, there would be no buffer where fill was required, however, the northeast buffer area had been connected requiring the widest buffer zone. White stated that the wetland delineation has proven a difficult task and he was glad to see the issues were nearly resolved. Murphy reminded the developer that, while staff is going along with this, if the MCWD board doesn't support their proposal, there is not much the City can do. With regard to the General Development Plan Approval condition number 2, Gaffron reported that Mr. Dahlstrom had agreed to the required development fees. In reference to the affordable housing contribution, Gaffron indicated that Mr. Dahlstrom would prefer that an affordable housing program already existed here. While he supported the concept, Dahlstrom had reservations about supporting or pledging money to something that doesn't exist currently. Moorse stated that the City's commitment would be to hold an affordable housing workshop to attempt to put together a housing program. • PAGE 10 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) White asked whether Dahlstrom had submitted a proforma to the City, stating that he was hesitant to make a recommendation about money without reviewing the proforma. He believed the City would be better off having more affordable housing units built into the project as proposed earlier, than to have a lump sum of money in a fund with little appreciation. Dahlstrom stated that it was difficult to build in affordable housing at this stage now, as the financials they submitted did not include these units. He noted that much has changed with regard to the development over the past three months and believed a cash contribution would be the best suggestion, however, he was unsure what size contribution the City would not deem a token sum. Murphy stated that to publicly say the City does not support affordable housing would be detrimental, however, what constitutes affordable housing in Orono needs further dialogue. Unfortunately, Murphy stated, this development has been caught in the middle of these discussions, as this parcel was guided for some affordable housing. He noted that things would be far easier if a proper endowment fund existed to put these funds into. • Murphy stated that he believed Mr. Dahlstrom would help further the affordable housing effort and the city would be better off with his participation, personally and financially, in these discussions. Murphy felt the City could be better off also rehabbing current homes in the market for affordable housing, than requiring they be added to this development, recognizing the need for further discussion. • Dahlstrom pledged his help in furthering the whole process, by promising to be a contributing member working with the City to sort out the affordable housing question. He reiterated that he did not know how much money to pledge, however, believed the community would be far better served, by he and his staff's time and knowledge to develop an affordable housing position. Sansevere stated that he was uncomfortable, midstream, saying let's start a new affordable housing program. Mayor Peterson concurred, stating that the affordable housing matter was new to Orono. She asked the Dahlstrom group to participate in, and lend their expertise, to the City's affordable housing work session. White reiterated that he believed it would be remiss of the City not to require some affordable housing in the development. He maintained that the City would see little more developments like this and he wished to have time to review their proforma. PAGE 11 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Dahlstrom pointed out that they had supplied their financial data to the City's financial advisors three months ago. As originally proposed at 235 units, Dahlstrom maintained that the development has lost some of its ability to provide affordable housing with merely 162 units remaining. He noted that no one really knows where to go with the affordability question. White asked what the project could carry, according to affordability, which would not be a windfall but would satisfy the City's needs. Murphy suggested they talk further about this in a work session, since he was reluctant to say we are doing affordable housing, when actually the City is not. Again, Murphy noted there were homes throughout Orono that could be fixed up. Dahlstrom stated that a process needs to be in place and offered his resources, including Don Soley, to contribute to creating an affordable program for Orono. Mayor Peterson indicated that there were many unresolved issues that could not be looked at tonight and felt she could not lean either way. Gaffron stated that the Council needed to get through four issues tonight, if possible. • Attorney Barrett stated that, while it is difficult to have two bodies making final decisions, the developer has agreed to give up vested property rights. He believed the City could approve the Preliminary Plat tonight, with final Preliminary Plat and PUD Ordinances adopted in mid February. Murphy moved, Nygard seconded, to accept staffs recommendation with regard to the setback variance, approve the location of the temporary sales trailer, and accept Dahlstrom's offer to participate in an affordable housing workshop and supply the City with the necessary resources, in the spirit of cooperation in which it was offered; and adopt Resolution No. 4915 reflecting the new language granting Preliminary Plat Approval and General Development Plan Approval for Planned Unit Development No. 4. Johnston asked if the wetland variance for encroachment per staff's report was allowed. Murphy confirmed that the encroachment variance was granted allowing for slanted garages as requested. Public Comment Megan Bennett, 500 Hanlon Avenue, stated that, supposedly, this development was going PAGE 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) to supply affordable housing units from the beginning. She questioned where the issue had gone, and why, as the original proposal had included affordable housing units; the developer believed the requirement went away with the units. She was concerned that Orono does little to provide affordable housing for all individuals, and maintained that a reasonable calculation to determine the required number currently exists in the comprehensive plan. For example, a 162 unit development should provide 10% as affordable, $170,000 or less based on Met Council figures. She encouraged the City Council to take the time to look at this formula, and it's comprehensive plan, rather than losing this opportunity to provide adequate work force housing. Margaret Callahan, 3265 Sixth Avenue North, a teacher in the Orono school system, stated that, unfortunately, most teachers can't afford to live in the community where they teach. She encouraged the Council to wait to decide on the affordable housing issue until they have more information. She added that she is one of those people, Murphy referred to, who rehabbed an old home in Orono in order to live in the community more affordably. She believed Orono needed to do more to provide housing to its working class citizens. Sansevere stated that there must be ceilings for affordable housing, adding that • unfortunately, the City can't supply affordable housing slated specifically for it's own working class citizens. • White agreed, stating that, obviously, residency cannot be required. Callahan stated that she was merely trying to provide the Council with an image of the people they are excluding when affordable housing does not exist. While formulas do exist, White stated that an effective formula for Orono should be tied to the value of the property. He maintained that other Cities are faced with this same affordable housing problem and cautioned the Council to deem the wetlands more important than it's people. He felt he would not be content with the issue until a human scale could be created. Murphy maintained that he would not be comfortable supporting a snap decision or adopting another City's ordinance with regard to affordable housing until Orono does it's homework. He felt adopting this resolution, which includes Dahlstrom's pledge, to provide the financial and /or professional resources to create an affordable housing position was the best the City could do at this time. Sansevere complimented the public, stating that they were responsible for bringing the affordable housing question to the Council's attention. PAGE 13 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Dick Kroeger, 65 Stubbs Bay Road North, stated his surprise that the developer felt the affordable housing issue was no longer relevant, when to Kroeger's knowledge, it had been discussed and included in every written record put out from the beginning. He maintained that following the Met Council suggested calculation was not `rocket science'. For example, take the average price of a home in Orono $250,000 less the Met average of $170,000 community wide = $80,000 X 16 (10% of the development) = $1.25 million. He felt $1.25 million to be the dollar amount Dahlstrom be required to contribute. He reiterated the importance of quantifying an amount now, if not now, when. He cited that construction in Orono was nearly maxed out, and urged the Council to say 10 %, quantify its solution, and get a pledge for this significant amount tonight. White asked whether they could postpone a decision with regard to affordable housing until after the work session scheduled somewhere between February 15 -28. He also suggested staff involve Long Lake in the affordable housing work session. Sansevere asked why it was not suitable to have affordable housing in Long Lake, Maple Plain, or Independence. Kroeger pointed out that they already have affordable housing and by law, Orono should • also. With regard to the setback variances, Gaffron stated that these would be included with the wetland buffers. Murphy moved, Mayor Peterson seconded, to accept the location of the proposed temporary sales trailer. VOTE: Ayes 4/0/1, Sansevere abstaining. Murphy moved, White seconded, approving the setback variances and wetland encroachment. VOTE: Ayes 4/0/1, Sansevere abstaining. Sansevere abstained, as he arrived late and missed part of the discussion on the subjects. Murphy revised his earlier motion. Nygard withdrew his second. Murphy moved, Mayor Peterson seconded, to accept Mr. Dahlstrom's offer to provide resources, capital, manpower, knowledge, and /or participate at the workshop in order to come to a resolution on what the resources will be with regard to the affordable housing contribution. White asked if they could make a stronger statement and believed it was not too late for the developer to add affordability to the development. He believed it would only require a small number of units. 40 PAGE 14 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Murphy felt it was too late to make units a requirement. Mayor Peterson asked whether the Council had previously believed they would accept payment in lieu of units. Murphy stated that the affordability question was far bigger than this one development. Sansevere stated that he would prefer to table this discussion and go through the workshop first, before making a final recommendation. Dahlstrom stated that, a density of 6 units today doesn't automatically translate to affordability, as costs continue to go up the density needed for affordability will also increase. He believed that the services he and his people could provide to help design a program that could work would be far more valuable. Murphy asked what would be wrong with accepting this offer. Dahlstrom indicated that the discussion surrounding the affordable. housing question would • likely be a year long effort at least. Sansevere stated that he needed more information. Nygard stated that, if the City were serious about having affordable units available, the City could allow him to add units to accomplish this. By allowing him to alter the density to specifically add affordable units, the issue could be addressed. White indicated that there were other issues to discuss and he would be unwilling to support the motion until they talked more. With regard to tabling the discussion, Kendra Lindal of Landforms, indicated that if the developer does not have approval this evening, the project would likely be going away altogether since they would miss the deadline of February 7. Since the discussions have been ongoing for a year, she asked the City to grant some sort of approval this evening in order to reassure their bankers, and promised to continue to work with the City toward an affordable housing resolution. She added that this new housing development would cost less than any other housing in Orono. Nygard asked if they could approve this as a preliminary plat. Barrett reiterated that the developer had given up vested rights and that the City, on a legal • basis, had the statutory authority to make decisions about the development and negotiate for more units later. PAGE 15 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Murphy stated that, as he had intended his motion, there were no limitations on the developer's level of participation. Dahlstrom stated that he had no problem understanding the City's reasoning, however, from a business end, the equation does not reflect true market conditions. Again, he offered his expertise as a builder and business person in the development of a realistic affordable housing program. Murphy pointed out that he had suggested the City hold a work session prior to the holidays last year, and nothing ever happened, here they are just getting to it now in February. He maintained that the City needs to get this done without holding either side hostage. Dahlstrom stated that he had provided the City with the financials they requested earlier. White asked the developer, if he were allowed to add additional housing, for example 3 more loft units, whether these units could be made affordable units. Dahlstrom stated that, in concept, adding those units should absolutely work since that • would not affect the infrastructure costs. Dahlstrom stated that, taking out the other issues, if the City chose to go that route he could commit to that now. White stated that he would like to compel that and include that in the motion. Nygard stated that he would second that. To go one step further, Nygard suggested the City allow the developer to present the City with a proposal adding up to 10% more housing, if they are affordable units. Sansevere asked if the current motion could provide the City Council with the option of invoking additional affordable housing if they choose after holding the work session. Murphy questioned whether adding more detail to the motion discourages flexibility. Barrett stated that, if the Council wished to amend the motion on the floor including more decisive power, they would need to state the requirement, be it financial payment, more units, or deny the plan. White stated he would support the requirement for additional affordable units being added. Nygard felt 5% of affordable units would be a fair requirement. PAGE 16 of 28 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Sansevere indicated that he would hesitate to assign precise numbers and felt the City should maintain a way to back out should the work session indicate a different direction. Dahlstrom stated that, while he could build units, the City would need a program for affordability to go along with them. Murphy questioned what additional units would do to the other issues, wetlands, parking, etc. Mayor Peterson questioned whether this would, in essence, be forcing the developer to start over. Dahlstrom indicated that would not be the case. Once again, Murphy repeated his motion, pointing out that capital (could mean units) and encouraged the Council to trust the developer to be true to his word to work with the City on the issue. is Sansevere asked if capital could truly mean units. Nygard indicated he preferred to state a number of units. Dahlstrom asked where space for 5+ units would work best. Johnston indicated that two more units could be added to both levels of the loft building, gaining four more units. Sansevere asked Attorney Barrett which motion gave the City the most flexibility. Barrett pointed out that the motion made by Murphy gives the most amount of flexibility. Nygard stated that White's mandate would provide long term results. Sansevere stated that if the original motion made by Murphy could take the form of what White's mandate proposed, if the Council so chose, he would support that. Barrett agreed the motion contained enough flexibility to do so. Johnston stated that he believed they could add units to make affordable housing work, however, he felt the problem with the motion was that it left the contribution totally • undefined. He maintained that the developer would need to have an idea of a cap, as the motion was too ambiguous. PAGE 17 of 28 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT LLC, Continued) Nygard stated that he felt the developer was comfortable with 5 %. White agreed, indicating that a cap would give them some protection so that someone would not come back with a totally unreasonable request. Kroeger reiterated, the fact that, the first motion fails to quantify anything. It simply states that the City will be asking for something, but they don't know what yet. White suggested they add the statement that the `potential for increased density' does exist. Nygard repeated that he felt a good compromise would be to require 5 %. Dahlstrom stated that it made him nervous that the City was trying to create an affordable housing philosophy in a mere hour and a half. Gaffron asked Murphy to repeat his motion. Murphy moved, Mayor Peterson seconded, to accept the developer's, Mr. Dahlstrom's, proposal to participate in devising and implementing a program for • affordable housing, and his offer to provide resources that could include, capital, and /or units, and /or manpower, and /or brainpower. VOTE: Ayes 3, Nays 2, White and Nygard dissenting. Gaffron stated that the language of the motion would be added to the Resolution. Murphy moved, Mayor Peterson seconded, to approve Resolution No. 4915 with the added language. VOTE: Ayes 5, Nays 0. *5. #02 -2850 JOHN AND PATRICIA WALKER, 1318 SPRUCE PLACE - VARIANCE - RESOLUTION NO. 4916 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4916, a Resolution granting rear yard setback and hardcover in 75 -250' setback variances to construct a 216 s.f. deck to the existing residence located at 1318 Spruce Place. VOTE: Ayes 3, Nays 0. • PAGE 18 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. *6. #02 -2852 JENNIFER AND TROY KOOPMAN /PATTY AND DWIGHT AFFELDT, 4753 TONKAVIEW COURT AND 4765 TONKAVIEW LANE - LOT LINE REARRANGEMENT - RESOLUTION NO. 4917 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4917 , a Resolution granting a Lot Line Rearrangement for the properties located at 4753 Tonkaview Court and 4765 Tonkaview Lane. VOTE: Ayes 3, Nays 0. 7. #02 -2854 KEVIN MANLEY, 1973 FAGERNESS POINT ROAD - VARIANCE AND CONDITIONAL USE PERMIT Gaffron reported that on January 22 the Planning Commission held a public hearing and reviewed the request. On a 6 -1 vote, the Planning Commission recommended after -the- fact approval for certain items of grading in the 0 -75' lakeshore setback zone, and recommended adoption of the staff recommendation, as follows: 1. Approval of Option 1, with the addition of downspouts and gutters, because it brings the walkout level elevation back to what it was originally. While Option 1 raises the grade to its original elevation, it does not restore the side slopes. • 2. The applicant and his contractors shall strictly adhere to the revegetation and planting plan to ensure adequate screening or softening of the wall system as well as the building facade, and to provide long term soil stability. 3. Construction of the boulder wall system be performed by a highly qualified contractor and/or under direct supervision of the same. 4. The construction shall adhere to the required grades, and proper construction of the "first- flush" system and installation of gutters /downspouts to result in the degree of water quality control the plan intends to accomplish. 5. Applicant shall ensure that the ongoing work is subject to qualified inspection during the construction process. 6. The landscape plan shall incorporate additional tree plantings in the lakeshore yard to help soften the visual impact of the retaining walls and exposed facade. The minority vote was of Chair Smith, who indicated she was in favor of a plan that would also result in restoration of the sideslopes. Gaffron explained that there was not significant differences between the three Options presented to the Planning Commission, however, he believed Option 1 most closely • restored the site to what was originally there. PAGE 19 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. ( #02 -2854 KEVIN MANLEY, Continued) Murphy questioned what staff considered a `highly qualified contractor' to be and how to ensure the applicant understands the definition. He pointed out that the City performs qualified inspections on an ongoing basis already, and questioned how further monitoring could be enforced. Suarez stated that he was well aware of what it would take to get the job done correctly and was familiar with experienced qualified contractors. He assured the Council that they would find the right person with the right background for the job. Mayor Peterson asked if Mr. Manley had anything to add. Manley stated that he wished only to get the job done and questioned whether placement of additional trees would necessitate them being planted in front of the lower windows. Gaffron stated that property owners are allowed to do selective cutting as to not obscure their views of the water and suggested he plant the trees outside the continued lines of the house. While the applicant would end up with a natural and well- maintained yard, Gaffron could not commit to how many trees it would require to get there. White moved, Nygard seconded, to approve an after - the -fact variance and • conditional use permit per the Planning Commission recommendation, and to direct the applicant to work with staff to determine the number of additional tree plantings falling outside the continued lines of the house that are necessary. VOTE: Ayes 5, Nays 0. Gaffron indicated that the final resolution would be on the next City Council agenda. *8. #02 -2855 KEVIN GARNETT, 450/480 ORONO ORCHARD ROAD SOUTH - RENEWAL VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 4918 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4918, a Resolution granting a renewed variance and conditional use permit to permit construction of a new "guest house" on the property located at 450 -480 Orono Orchard Road South. VOTE: Ayes 3, Nays 0. PAGE 20 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. *9. #02 -2856 ANDREW AND TRACY RASCHER, 4705 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4919 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4919, a Resolution granting average lakeshore, structure within 751, and hardcover within 75' of the lakeshore variances to replace an existing 288 s.f. second story deck, built in 1968, attached to the principal structure located at 4705 North Shore Drive. VOTE: Ayes 3, Nays 0. *10. #02 -2857 CYNTHIA PIPER, 1125 SPRING HILL ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4920 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4920, a Resolution granting a conditional use permit to permit a guest apartment within the primary residence located at 1125 Spring Hill Road. VOTE: Ayes 3, Nays 0. 11. #02 -2860 SUNSTATE CONCEPTS, INC., 1955 HERITAGE DRIVE - VARIANCE - RESOLUTION NO. 4921 • Gaffron explained that the applicant is planning to build a 2 -story residence (for resale) on the existing foundation of the 1 -story house that existed on this site from 1963 until recently. A front setback variance is required based on the location of the publicly maintained road/cul -de -sac, which exists merely via prescriptive easement within the SW corner of the lot. A side setback variance is requested by the applicant to allow a 4 -car detached garage to be constructed as a 2 -story attached 4 -stall garage. Gaffron pointed out that additional factors to consider include the location of the wetland as it may affect the proposed deck on the NE corner of the house, and the status of the septic system vs. potential connection to municipal sewer. 0 The Planning Commission recommendation of January 22 recommended approval of the lot area variance; denial of the side setback variance, indicating there is insufficient hardship to justify granting of the variance; approval of the front setback variance relative to an `alternate' plan which results in no side setback variance, and a defined front street setback of approximately 35'. Gaffron pointed out that the Planning Commission further recommended that the new home be connected to municipal sewer rather than reconnecting to the existing septic system, on the basis that the rebuild would otherwise result in a virtually new residence with a 20 -year old septic system with no alternate site. Finally, the Planning Commission recommended that the applicant have the wetland delineated prior to construction of the 2nd -story deck to ensure it meets the minimum wetland setback. Sansevere asked the applicant if he wanted the sewer hook -up. PAGE 21 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02 -2860 SUNSTATE CONCEPTS, Continued) Mr. Gorr, of Sunstate Concepts, stated that he would prefer the option to do so, but not be required to hook -up. Sansevere asked if there was precedent where a new home with the option to hook up to city sewer chose to remain with a septic system. Gaffron stated that the home had not been assessed as part of a sewer project and has a system designed for a four - bedroom home serving the residence, which the new home ,, vould be. With regard to the sewer project at Shoreline/Heritage, Gappa stated that it was assumed that once the homes were replaced, they would automatically hook into municipal sewer. Murphy asked what the cost of hook up would be. Engineer Kellogg indicated that approximately 700 feet of line and connection would likely run $17,000. White asked what the house would likely sell for. • Gorr stated that the home would be listed at roughly $850,000 - $900,000. Sansevere questioned why the applicant wouldn't want to hook up the new home to sewer. Gorr indicated that he would like to be free to make that an option to the new owner. Sansevere stated that, if the new owner was willing to spend that kind of money on a new home, they would probably want new sewer. Kellogg stated that it would be difficult to judge when an already 20 year old system would fail. Gaffron added that, although the new home would be designed as a four - bedroom home, there is potential for greater consumption and usage. Murphy maintained that the City had been under the assumption that, given the opportunity to hook up to municipal sewer, rebuilds would do so. Moorse reminded the Council that the City would unlikely allow a major remodel to rebuild with only a septic system. C, PAGE 22 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 • 7:00 o'clock p.m. ( #02 -2860 SUNSTATE CONCEPTS, Continued) Gaffron concurred, stating that a rebuild would not be allowed to remain since it would not meet septic guidelines. This application is the same, there is a conforming system, however no alternate site for the septic. Murphy asked what would happen to the remaining piece of driveway /garage slab with construction. As he was trying to watch expenses, Gorr stated that the excavator would remove the whole slab and reuse the existing foundation. With regard to the potential for a future trail through the neighborhood, Murphy felt they could not allow the home to be built any closer to the rail corridor. Gorr felt the rail, the wetland, and the proximity of the cul -de -sac provided him with adequate hardship trying to build on this property. In addition, Gorr felt the 2 -acre zoning district was inaccurate. Gaffron stated that the City purposefully chose that zoning to disallow dividing lots. He • agreed, were the lot in the 1 -acre zone, the applicant would merely need to meet a 10' side setback and 35' front setback. • White concurred with the Planning Commission recommendation requiring the applicant to hook up to municipal sewer. He was concerned that, if the applicant did not do so, the new owners would be saddled with an unexpected problem. Gorr pointed out that the sewer inspector had led him to believe that there was no requirement requiring him to abandon the existing conforming system if he stayed with a four bedroom home. He argued that he wasn't even aware that the sewer was in question until Wednesday of last week when he went before the Planning Commission. In fact, he maintained that he had spoken to Paul Weinberger and Lyle Oman prior to purchasing the property regarding these issues. Gaffron stated that staff tries to answer the public's questions, but on occasion, the final determination cannot be made until all of the facts are considered. Gaffron reiterated that staff was currently proposing what they felt to be the right thing to do. Sansevere agreed that the only reason for pause, might be that the applicant believed he could keep the existing septic and bought the home on that premise. Sansevere asked Gaffron if he felt strongly that this be the recommendation. PAGE 23 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. • ( #02 -2860 SUNSTATE CONCEPTS, Continued) Gaffron stated that this is a new house, new construction, and should be required to hook up. He felt that, if a new family moved in and had trouble with the system, the City would surely have to answer questions as to why it wasn't required in the first place. Mayor Peterson moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4921, a Resolution approving the Planning Commission recommendations (a - e) for the residence located at 1955 Heritage Drive. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Mayor Peterson reminded the Council Members to join her at the new Fire Station the following evening at 5:30 P.M. PUBLIC SERVICE DIRECTOR'S REPORT 12. NORTH LONG LAKE EAST SEWER Public Service Director Gappa explained the background of the 2000 Comprehensive Plan MUSA area expansions and the $22,085 connection fee for residents of the North Long • Lake project. Recently, the City received a letter requesting sewer from John Crotteau, property owner at 1405 Sixth Avenue North, which is located adjacent to the North Long Lake sewer project. The property owner is remodeling and enlarging the house, which requires replacing the existing nonconforming septic system or connecting to sewer. Gappa reported that, initially, Mr. Crotteau was told that the current connection fee would be $22,085 plus the costs to extend a pressure sewer from the end of the existing sewer to his property, which is approximately 200 feet. Gappa indicated that Crotteau raised concern about the fairness of paying the $22,085 connection fee plus the costs of extending sewer to his property based on the fact this fee is normally used for properties within the project area that have sewer across or along the street in front of their property. The letter requested that the connection fee be credited the amount it costs to extend a sewer connection stub to the property in a reasonable location for hookup as if the property were in the sewer project area. Gappa stated that another issue for consideration would be that this property would be served by a pressure sewer system, which reduces the value of the sewer because the property owner is responsible for the purchase, installation, and maintenance of his own grinder pump station. Gappa noted that staff was of the opinion that Mr. Crotteau raises a legitimate issue that merits consideration by the City. • PAGE 24 of 28 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. NORTH LONG LAKE EAST SEWER — Continued Gappa stated that the 2000 MUSA expansion area, south of County Road 6, could logically be divided into two separate areas for possible sewer projects labeled A and B. Mr. Crotteau's property is the second easternmost property in area A, and there does not appear to be strong interest in a sewer project from the other three residents in the middle of area A. Gappa pointed out that a preliminary cost estimate for the installation of a pressure sewer system across area A would run approximately $16,000 per unit. Because area B would be a separate project area, and none of the residents have expressed any interest in obtaining sewer, Gappas indicated that staff's recommendation would be they not be considered for sewer at this time. Gappa stated that consideration for sewering the entire area A was used to determine an appropriate connection fee for Mr. Crotteau, as well as, the City completing a project to extend the sewer across his property with a service stub for the property. The property owner would pay the project connection fee of $16,000 plus provide easements, at no cost, for extension of the sewer across his property. The property owner would also be responsible for hiring his own licensed plumber to install a grinder pump station and connect to the service stub. Completing Phase I of the Area A sewer project would provide sewer service for Mr. Crotteau this spring. • White inquired if the neighbor, the Dayton's, ha d expressed ssed any interest in the sewer proj ect. t Mr. Crotteau indicated that he had spoken to his elderly neighbor and that there may be some interest, however, he will let them set it up with the City themselves if they choose to pursue it. White clarified that the previous $23,000 was costly, whereas, the current Phase I plan more realistic at $16,000. Sansevere moved, Murphy seconded, to approve the staff recommendation regarding the allocation of costs to the Crotteau property, located at 1405 Sixth Avenue North, for the extension of sewer service. VOTE: Ayes 5, Nays 0. PAGE 25 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *13. PAY REQUESTS - LONG LAKE FIRE STATION Murphy moved, Mayor Peterson seconded, to approve the payment requests from General Office Products Company in the amount of $49,500.72, E. Weinberg Supply and Equipment in the amount of $3,491.07, and Municipal Emergency Services in the amount of $3,001.00, to be paid from the joint fire station account. VOTE: Ayes 3, Nays 0. *14. APPLICATION AND CERTIFICATE FOR PAYMENT NO. 9 - LONG LAKE FIRE STATION Murphy moved, Mayor Peterson seconded, approving Application and Certificate for Payment No. 9 from Rochon Corporation in the amount of $244,541.07, to be funded from the Joint Fire Fund. VOTE: Ayes 3, Nays 0. *15. DECLARATION OF REIMBURSEMENT INTENT FOR POLICE VEHICLE COSTS - RESOLUTION NO. 4922 Murphy moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 4922, a Resolution Declaring Intent to Reimburse Police Vehicle Costs with Equipment Certificate Proceeds. VOTE: Ayes 3, Nays 0. *16. DECLARATION OF REIMBURSEMENT INTENT FOR NAVARRE FIRE STATION COSTS - RESOLUTION NO. 4923 Murphy moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 4923, a Resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code, and authorizing the City Administrator to sign the attached Declaration of Official Intent. VOTE: Ayes 3, Nays 0. *17. APPROVE INVOICE FOR 800 MHz RADIOS FOR LONG LAKE FIRE DEPARTMENT Murphy moved, Mayor Peterson seconded, to approve the proposed purchase of 800MHz radios for the Long Lake Fire Department, and the payment of the City's $74,923.48 share of the cost, to be funded from the Improvement and Equipment Outlay Fund, and to amend the 2003 budget to reflect the expenditure. VOTE: Ayes 3, Nays 0. 18. Addressed earlier PAGE 26 of 28 40 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. 19. PERSONNEL MATTER Nygard moved, Murphy seconded, approving the staff recommendation regarding the personnel matter. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. *20. LICENSES Kennel License Renewal: 1. David and Heidi Hust - 45 Smith Avenue Tobacco License Renewal 1. Grant Wenkstern 5. Richard Bloomquist Lakeview Golf of Orono, Inc. Rick's Super Valu • 405 North Arm Drive 3333 Shoreline Drive 2. Navarre Citgo 6. Kenneth Galloway LeRoy Koehnen Wayzata Country Club 3360 Shoreline Drive 200 Wayzata Boulevard 3. Daniel Scherven 7. Cindy Dehn Navarre Lanes, Inc. Western Convenience Store 3425 Shoreline Drive 2160 Wayzata Boulevard • 4. Navarre Liquors, Inc. Steven Corl 3421 Shoreline Drive Murphy moved, Mayor Peterson seconded, to approve all licenses. VOTE: Ayes 3, Nays 0. *21. BILLS Murphy moved, Mayor Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. PAGE 27 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2003 7:00 o'clock p.m. ADJOURNMENT Murphy moved, Mayor Peterson seconded, to adjourn the Orono City Council Meeting of January 27, 2003 at 10:35 P.M. VOTE: Ayes 5, Nays 0. ATTEST: ✓ Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 28 of 28 • •