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HomeMy WebLinkAbout06-14-2004 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 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 White, Lili McMillan, Jim Murphy and Bob Sansevere; City Attorney Thomas Barrett; representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, City Engineer Tom Kellogg, Public Services Director Greg Gappa and Recorder Glenda D. Spiotta. Mayor Barbara Peterson called the meeting to order at 7:04 p.m. CONSENT AGENDA 1. Approve /Amend The following items were included in the Consent Agenda: # 4, 5, 6, 9, 10, 11, 13, 14, 16, 17, 18, 19, 20 and 21. Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. 40 RECOGNITION - (Item #2 was moved to follow Item #3) 3. Pauline Bouchard — Parks, Open Space and Trails Commission — Resolution No. 5184 • Mayor Peterson read Resolution No. 5184 into the record. Mayor Peterson moved, White seconded, to adopt RESOLUTION NO. 5184, a Resolution of Appreciation to Pauline Bouchard for Distinguished Service as a Member of the Parks, Open Space and Trails Commission. VOTE: Ayes 5, Nays 0. Mayor Peterson asked Drew McDermott to ascertain if Pauline Bouchard would be available at a later date for presentation of the Resolution. 2. Robert Searles — Resolution No. 5183 Mayor Peterson announced that Mr. Robert Searles who is recognized as a significant, long -time community leader passed away recently. Mayor Peterson read Resolution No.5183 into the record. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5183, a Resolution Recognizing Robert Searles for His Visionary Leadership and Distinguished Service to the City. VOTE: Ayes 5, Nays 0. Page 1 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (2. RECOGNITION— ROBERT SEARLES continued) • McMillan remarked that the Resolution was well -said and concurred with its sentiments regarding Mr. Searles as a founding father of Orono's philosophy for a lower density, rural character to protect Lake Minnetonka. APPROVAL OF MINUTES *4. Regular Council Meeting of May 24, 2004 Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting on May 24, 2004 as presented. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Irene Silber, Representative Silber reminded the City Council of the joint Park Tour and work session set for 5:30 — 8:00 p.m. on July 6, 2004. Plans are to meet in the City Hall parking lot with tours of Saga Hill and Lowry Woods. Drew McDermott stated the Park Tour of the former Hennessy property and Saga Hill will show where the land swap was made and discuss the future of Saga Hill park. He reported the Parks, Open Space and Trails Commission discussed the two -year plan, which will be further discussed at the work session. Mayor Peterson reported she received a phone call over the weekend from a non - resident who requested information about availability of the lilac bushes near the Montessori School location on Hwy 12, which are to be removed with road improvements. She referred the person to the MnDOT office. Mayor Peterson commented that she observed people at the Navarre Park on June 13, 2004. White noted that the 2 -hour parking signs are installed now. PLANNING COMMISSION COMMENTS — Jeanne Mabusth, Representative Jeanne Mabusth was available for questions and comments. PUBLIC COMMENTS Mayor Peterson invited comments from the public. There were no comments. r� L Page 2 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • ZONING ADMINISTRATOR'S REPORT *5. #01 -2671 ALISTAIR AND KAREN JACQUES, 645 OLD LONG LAKE ROAD — VARIANCES —RESOLUTION NO. 5185 Murphy moved, White seconded, to adopt RESOLUTION NO. 5185, a Resolution granting a lot area variance to permit construction of a new residence on an existing lot which is 1.022 acres in area when 2.0 acres is normally required for Alistair and Karen Jacques at 645 Old Long Lake Road. VOTE: Ayes 5, Nays 0. *6. #04 -2971 HICKORY FINE HOMES, INC. 3220 — 3240 WATERTOWN ROAD — FINAL PLAT APPROVAL — RESOLUTION NO. 5186 Murphy moved, White seconded, to adopt RESOLUTION NO. 5186, a Resolution granting approval of the Final Plat of Mallyvale to subdivide the property located at 3220 — 3240 Watertown Road for William and Roslyn Henderson /Hickory Fine Homes. VOTE: Ayes 5, Nays 0. 7. #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, NW QUADRANT HWY 12 (OUTLOT A, STONEBAY) — COMMERCIAL PUD SITE PLAN REVIEW, GENERAL CONCEPT PLAN APPROVAL, PRELIMINARY PLAT APPROVAL, CMP AMENDMENT APPROVAL —RESOLUTIONS NO. 5188, 5189, AND 5190 Gaffron explained the application was initially filed in December 2003 and subsequently there had been about 32 or 33 revisions /reiterations submitted to the City. On May 17, 2004 the Planning Commission unanimously recommended approval of the most current plans. Its recommendations were incorporated into a detailed Resolution approving the General Concept Plan (Exhibit A of staff memo). The resolution establishes the background for the approval and lists numerous conditions of approval to be met to gain "General Development Plan Approval," likely to be presented for formal action on June 28, 2004 with a variety of submittal documents. Gaffron described some of the plan's major features. Its primary access point is from Kelley Parkway for two commercial building lots, one for Walgreens with a drive - through and one lot for two retail buildings. Proposed parking meets the City's Zoning Code requirements as established for the site. A secondary right - in/right -out access is on Willow Drive. He advised that plans were submitted and included in the agenda packet for grading and drainage, lighting and signage, landscaping and building exterior designs and elevations. Gaffron pointed out certain notable features. Iii the proposed Outlot B, there is proposed a terrace gathering area feature that would need MnDOT agreement and subsequent maintenance agreement. It is a part of the developing trail system through the StoneBay residential area, which would use the sidewalk in the proposed commercial development as well as an eight- (8) foot bituminous trail. He commented that it is a pedestrian - friendly commercial site. Gaffron advised the City Engineer evaluated the parking, access and traffic plan and is satisfied with the plans. There is an intended double -lane drive - through for Walgreens that required a by -pass lane and the second drive- through is • not covered. Page 3 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. ( #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, NW QUADRANT HWY 12 (OUTLOT A, STONEBAY) — COMMERCIAL PUD SITE PLAN REVIEW, GENERAL . CONCEPT PLAN APPROVAL, PRELIMINARY PLAT APPROVAL, CMP AMENDMENT APPROVAL — RESOLUTIONS NO. 5188, 5189, AND 5190 continued) Gaffron reported the Planning Commission determined it was not necessary for additional trees in the retail development. However, the Planning Commission and the City's Planning Consultant do recommend substantial screening vegetation along Kelley Parkway behind the retail buildings to screen them from the residential buildings across Kelley Parkway. He illustrated the proposed screened trash facilities. Gaffron pointed out that topographically the buildings would be situated 3 -4 feet below the Kelley Parkway elevation. Gaffron reported the Planning Commission concluded that a variety of the required conditions are met by the current plans, that the plans are sufficient to allow granting of Concept Plan Approval but acknowledging that there yet will likely be several minor adjustments. Therefore, Gaffron reconunended adoption of the three draft resolutions included in the agenda packet by individual motions. McMillan initiated discussion of where the monument sign is located. Gaffron pointed out the monument sign's location, explaining it would be 10' maximum height with frame and at about the same elevation as Hwy 12. McMillan asked if the storm water pond is designed to be adequate for all the anticipated surface water and to where does it eventually drain. Gaffron illustrated the direction of storm water drainage, its discharge facility and noted that the proposed storm water plan also redirects storm water from a problem outlet. Gappa responded that the storm water drainage is directed to the proposed Hennepin County pond on the church property, but that for now it follows the railroad tracks. Gaffron confirmed that the pond is designed for the storm water from the subject property and for the residential sites to the west. McMillan asked about the traffic /parking design on the southwest side of Walgreens and if parked cars would back -up into the two -lane traffic. Gaffron indicated that it's a driving lane in a parking lot and such a layout is not uncommon. He stated that about six layouts had been reviewed and this is the one that was acceptable to the City's Consultant Engineer, Shelly Johnson. He described the right - in/right -out entrance from Kelley and reported there would be appropriate signage and expects low- traffic volumes. McMillan was provided with clarification that there would not be a sidewalk for a pedestrian connector between the two small retail buildings. White asked what the final parking ratio calculation was. Gaffron responded that initially the Walgreens model of a minimum 60 stalls was used upon recommendation from the City's Consulting Engineer. For the remainder, the ratio of 1 parking space per 150 feet of retail space was used. He indicated that these ratios conform to the Zoning Code requirements. Gaffron expressed a concern for a potential issue if one of the smaller retail buildings attracts a restaurant -type use with higher is Page 4 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. ( #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, NW QUADRANT HWY 12 • (OUTLOT A, STONEBAY) — COMMERCIAL PUD SITE PLAN REVIEW, GENERAL CONCEPT PLAN APPROVAL, PRELIMINARY PLAT APPROVAL, CMP AMENDMENT APPROVAL — RESOLUTIONS NO. 5188, 5189, AND 5190 continued) parking volumes for which the Zoning Code requires a ratio of 1 parking space per 60 feet of retail space. White indicated that with the higher standard there is more hardcover. Gaffron replied there would be a 25% minimum green space applied within the site as was set by the Planning Commission. Sansevere asked about what assurances there are that Walgreens would not try to change the concept plan. Gaffron responded that the City would tie the design to developer documents. Mayor Peterson agreed with Sansevere's concern for potential changes. Murphy initiated discussion about the letter received from the applicant's attorney, Michael A. Putnam, dated June 11, 2004, listing comments on the proposed draft documents, including the proposed City resolutions and PUD agreement. He asked if there was anything in the letter that would cause the City to be doing business with anyone other than the current applicant. City Attorney Barrett indicated that he had not seen the letter until about 3:00 p.m. and could not comment thereon. He advised any resolution be adopted subject to City Attorney review of the Putnam letter and if inconsistent with City Council intent, the matter would be returned to the City Council. 41 White commented that an applicant's attorney who looks at all the details is preferable as it represents a knowing buyer. Also, if the comments relate primarily to smaller details it indicates that they are past the major issues. Gaffron advised that one issue from the Putnam letter is that because there is a drive - through the assumption is there will be a menu board somewhere along the rear. If it is a lighted menu board, Gaffron stated it would be expected that the vegetative screening would be increased to prevent the lighting becoming a problem for the near -by residential neighborhood. White asked for information about the pending opening date for the Walgreens store. John Trautz, applicant, responded that Walgreens anticipates a real estate closing in mid- to the end of July, 2004, with 60 days for permit acquisition and about 6 months for construction. Walgreens is projecting the store opening to about March, 2005. Trautz indicated the two smaller retail buildings are projected to be opened sooner than the Walgreens store. Mayor Peterson asked if staff was satisfied with the landscaping plans along Hwy 12. Gaffron indicated that initially he was not satisfied but the Planning Commission eventually concluded that as it is a retail site, and there is substantial screening along Kelley Parkway, the vegetative screening for about 400 -500' along Hwy 12 was adequate. He deferred to the Planning Commission conclusion that more screening was not necessary. Mayor Peterson asked Jeanne Mabusth, Planning Commission Chairperson, to comment on the • Planning Commission's determination. Mabusth referred to Planning Commission discussion that no Page 5 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. ( #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, NW QUADRANT HWY 12 (OUTLOT A, STONEBAY) — COMMERCIAL PUD SITE PLAN REVIEW, GENERAL • CONCEPT PLAN APPROVAL, PRELIMINARY PLAT APPROVAL, CMP AMENDMENT APPROVAL — RESOLUTIONS NO. 5188, 5189, AND 5190 continued) trees would be required along Hwy 12 as it is a commercial building site and to allow more view from Hwy 12 to the buildings. The Planning Commission wanted landscaping on the north and east sides. She explained that the Planning Commission wanted low vegetation close to the monument signage and at the intersection of Hwy 12 and Willow Drive to avoid safety problems. Vicki Van Dell, applicant's engineer, explained the specific vegetation proposed for the length of Hwy 12, including a couple of ornamental trees with the low growing vegetation. Gaffron referred to the landscape request from the City's Planning Consultant, Phil Carlson, to clarify if the City Zoning Code requires vegetative screening of parked vehicles not abutting residential areas. Though not required by the City Zoning Code, the City Council could add a condition requiring 2.5' — 3' high vegetation to line the outward facing parking stalls. White commented that even a commercial view would appear nicer if over the distance of 400' -500' there would be planted some trees, not only deciduous trees but also evergreens. He indicated he was pleased with the overall landscaping plans. McMillan asked Trautz who was anticipated to be using the parking along Hwy 12. Trautz replied that most likely it would be used for employee parking. She also asked why the buildings were • pushed so far away from Hwy 12. Trautz explained the building locations resulted from the siting of the Walgreens building and the right - in/right -out access. Gaffron added that the sense of openness with the final proposed layout is positive and in keeping with the Orono vision, with the same architectural features on the rear of the buildings, and that the City preferred the Walgreens building front to face inwards on the property. Mayor Peterson asked if the final Walgreens building design colors were proposed to be approved with the recommended resolutions. Gaffron advised that he did not have the actual brick -type example and recommended the colors be brought to a future work session. However, staff provided the building design colors for the two smaller retail buildings, which are proposed to be lighter than the Walgreens building colors. McMillan asked how many vehicles are anticipated daily. Gaffron explained the daily vehicle count is spread out through a day and estimated there would be about 1000 -2000 vehicles trips to the site, according to the City's Consultant Engineer, Shelly Johnson, who further concluded the average daily vehicle count would be similar to an office building. McMillan expressed her concern for potential traffic congestion off of Kelley Parkway with traffic backing up, citing the problems at the Culvers in Navarre. Murphy commented the proposed plan limits businesses to less than 7000 s.f so that will keep traffic volumes smaller than at a larger scale building. n U Page 6 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • ( #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, NW QUADRANT HWY 12 (OUTLOT A, STONEBAY) — COMMERCIAL PUD SITE PLAN REVIEW, GENERAL CONCEPT PLAN APPROVAL, PRELIMINARY PLAT APPROVAL, CMP AMENDMENT APPROVAL — RESOLUTIONS NO. 5188, 5189, AND 5190 continued) Curtis provided the sample of building exterior design colors for the two smaller retail buildings. Gaffron stated Walgreens would have the same brick but not the blue canopy color. Van Dell pointed out the colors of each building design feature. Mayor Peterson and White objected to the blue color for the canopies. White asked if there could be parking spaces removed on the side of the smaller building to try to address McMillan's traffic concerns. Gaffron commented there is no entrance on that building side. Trautz replied that if the parking spaces were removed, Walgreens would pull out of the development because with rotating of the Walgreens building, Walgreens ended up losing front door parking spaces and is anticipating their customers will use the parking spaces on the northeast side of the smaller building. Trautz emphasized they do not foresee traffic volume problems. Van Dell pointed out there would be a 24' drive aisle plus 20' widths for parking stalls. Sansevere remarked that most patrons would likely park elsewhere due to walking distances and therefore there would not be too many parking stalls impacted by any potential problems of vehicles backing into cross traffic. Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5188, a Resolution approving the General Concept Plan for property located in Outlot A, Stonebay, subject to City is Attorney review of the letter from the applicant's attorney, Michael A. Putnam, dated June 11, 2004. VOTE: Ayes 5, Nays 0. • Murphy moved, White seconded, to adopt RESOLUTION NO. 5189, a Resolution approving the Preliminary Plat for property located in Outlot A, Stonebay, subject to City Attorney review of the letter from the applicant's attorney, Michael A. Putnam, dated June 11, 2004. VOTE: Ayes 4, Nays 1 Murphy moved, Mayor Peterson seconded, to adopt RESOLUTION No. 5190, a Resolution approving Amendment #2 of the 2000 -2020 City of Orono Community Management Plan regarding Outlot A, Stonebay, subject to City Attorney review of the letter from the applicant's attorney, Michael A. Putnam, dated June 11, 2004. VOTE: Ayes 5, Nays 0. Gaffron advised the following documents would be scheduled for City Council action on June 28, 2004: a. General Development Plan Approval Resolution b. Final Plat Approval Resolution c. Rezoning Ordinance for PUD 4A Dunbar, applicant's representative, confirmed there would be no blue colored canopies on any of the proposed buildings. Instead he proposed a green. By consensus the Council accepted a darker shade of green as an alternate to the proposed blue color. Page 7 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. ( #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, NW QUADRANT HWY 12 (OUTLOT A, STONEBAY) — COMMERCIAL PUD SITE PLAN REVIEW, GENERAL • CONCEPT PLAN APPROVAL, PRELIMINARY PLAT APPROVAL, CMP AMENDMENT APPROVAL — RESOLUTIONS NO. 5188, 5189, AND 5190 continued) White complimented the planning staff for their work on this application and writing of the staff report. He stated his appreciation for staffs' efforts with this complex application and the top -notch Planning Commission review of the application. Mayor Peterson indicated the whole City Council concurred with White's comments to commend the staff and the Planning Commission. 8. #04 -2984 MCCARTHY CONSTRUCTION ON BEHALF OF BERKSHIRE PROPERTIES, 2745 KELLEY PARKWAY — DEVELOPERS AGREEMENT /PUD — RESOLUTION NO. 5191 Gaffron presented one change from the Public Works Department as a condition regarding lighting. He read the proposed condition into the record and asked that it be added to Item #A.7. Lighting, on page 3 of 10, of the Developer's Agreement: "Public street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number; height, and location consistent with the other developments along Kelley Parkway. Public street lighting along Kelley Parkway shall be installed and maintained by the Excel Energy through a standard agreement between the City and Excel Energy with the costs for installation paid by the Developer. The City will then be responsible for payment of the operation and maintenance costs to Excel Energy per the terms of the agreement." • Sansevere moved, White seconded, to adopt RESOLUTION NO. 5191, a Resolution granting commercial site plan approval for Planned Unit Development No. 4 for the Orono Professional Center II located at 2745 Kelley Parkway with the above language added to Section A.1 Lighting on page 3 of 10 in the Developer's Agreement. VOTE: Ayes 5, Nays 0. *9. #04 -3003 GEORGE STICKNEY ON BEHALF OF BRUCE AND KRISTINE PADDOCK, 3250 FOX STREET — FINAL PLAT — RESOLUTION NO. 5192 Murphy moved, White seconded, to adopt RESOLUTION NO. 5192, a Resolution approving the final plat of Maxwell Bay Estates to create three (3) lakeshore lots on one block for Bruce and Kristine Paddock at 3250 Fox Street. VOTE: Ayes 5, Nays 0. • Page 8 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • *10. #04 -3006 AULIK COMPANY ON BEHALF OF BARTHOLOMEW AND ELIZABETH BUTZER, 2625 NORTH SHORE DRIVE — VARIANCE /CONDITIONAL USE PERMIT — RESOLUTION NO. 5193 Murphy moved, White seconded, to adopt RESOLUTION NO. 5193, a Resolution granting a conditional use permit to allow plumbing in an accessory building in accordance with Municipal Zoning Code Section 78- 418(6) and a hardcover variance to permit 30% hardcover in the 75' -250' zone when 25% is normally allowed and 33% currently exists in accordance with Municipal Zoning Code Sections 78 -282 and 78 -1288 for the Aulik Company on behalf of Bartholomew and Elizabeth Butzer at 2625 North Shore Drive. VOTE: Ayes 5, Nays 0. *11. #04 -3008 STEVEN VALEK AND RALPH PALMER, 4720 -4750 TONKAVIEW LANE — LOT LINE REARRANGEMENT — RESOLUTION NO. 5194 Murphy moved, White seconded, to adopt RESOLUTION NO. 5194, a Resolution granting preliminary subdivision approval for a three (3) lot residential re -plat where five (5) lots (four tax parcels) currently exist at 4720/4750 Tonkaview Lane for Steven Valek and Ralph Palmer. VOTE: Ayes 5, Nays 0. 12. #04 -3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD — VARIANCES /CONDITIONAL USE PERMITS — RESOLUTION NO. 5195 Curtis introduced Susan Steinwall, applicant's attorney, representing the applicant. Curtis explained • the applicant is requesting the following variances and conditional use permits: 1. A hardcover variance to allow 438 s.f, of hardcover within the 0 -75' zone in order to construct a 4' wide boardwalk to the shore ending with a 177 s.f. landing in conjunction with a floodplain restoration and buffer project. 2. A lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75'of the OHWL extending to the northeast 56'3 ". 3. A conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain. 4. A conditional use permit in order to construct chimneys 40'8" in height where 30' is allowed and a 50% height increase is permitted by conditional use permit. C] Curtis reported at its May 17, 2004 meeting, the Planning Commission voted 5 -2 to recommend approval of conditional use permit for the chimney heights and approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. The Planning Commission recommended denial of the hardcover variance and variance to allow a fence within 75' of the lake. She reported the two dissenting Commissioners felt the proposed floodplain restoration was a valuable project and they wanted to support approval of some hardcover variance for the boardwalk within 75' of the OHWL for the floodplain restoration project. Curtis concurred with the Planning Commission's recommendations, noting there were no hardships to support the hardcover or fence variances. Page 9 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (12. #04 -3012 ROGER D. O'SHAUGHNESSY,1265 BRACKETTS POINT ROAD — VARIANCES /CONDITIONAL USE PERMITS — RESOLUTION NO. 5195 continued) • Murphy questioned if the boardwalk is denied what will be the access to the lakeshore. Steinwall stated the landscape plan would need to be revisited if the boardwalk feature is denied. Options include use regular grass turf or some combination of vegetation. She stated her client does need some sort of lake access. Steinwall advised that her client, Mr. O' Shaughnessy, is very interested in the prairie restoration project on this property, and proposes to build the boardwalk with spacings to allow infiltration and at a height that would allow light for plantings to grow underneath the boardwalk. Steinwall distributed photographs to illustrate her client's concept for the prairie restoration project. Murphy mentioned that David Rahn, Planning Commissioner, has encouraged the City to look at the changes to the City's hardcover requirements. He asked if the boards are spaced far enough apart is it then still a hardcover issue. Murphy indicated that this proposed landscaping design is moving in a good direction and supports this concept, and pointed out the MCWD is a proponent of wetland and shoreland buffers like this proposed prairie restoration. Murphy acknowledged there is no hardship but he personally supports the landscape and boardwalk concept. Murphy asked for information about the existing boardwalks in use around Lake Minnetonka. McMillan advised the LMCD allows boardwalks over cattails marshes to get to waters edge instead of allowing dredging as it did not harm the lakeshore vegetation and the MnDNR uses boardwalks in certain locations, too. • McMillan indicated as a member of the LMCD she was a proponent of lakescaping, and sees this application as a privately funded lakescaping proj ect that should be supported. She recognized that if the restoration project is installed and if in five years the boardwalk was proposed, it would be considered because the restoration would then be an environmentally sensitive area, i.e. a hardship would exist then. She reiterated that if the restoration area does as it is intended, then it would become a future hardship factor by making lake access difficult or undesirable through a sensitive vegetation environment. McMillan stated the City should not be discouraging the applicant, but acknowledged the City Zoning Code currently does not accommodate such a restoration project. She urged the City to consider this a step in the right direction and stated she was strongly in favor of approving a hardcover variance for this applicant. White pointed out the application hasl% hardcover proposed within the 75' zone and 24.3% hardcover within the 75 -250' zone, which does not require a variance, for a total of 25.3% on the whole property which is almost not a variance. Sansevere asked Gaffron for his opinion about the ramifications of approving the hardcover variance. Gaffron responded that if the City began to allow more open- spaced decks to allow infiltration and not be counted as hardcover, he believed this would open a `Pandora's box' of issues. However, as • Page 10 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (12. #04 -3012 ROGER D. O'SHAUGHNESSY,1265 BRACKETTS POINT ROAD — • VARIANCES /CONDITIONAL USE PERMITS — RESOLUTION NO. 5195 continued) long as the area is maintained as proposed restoration then a hardship condition would exist and continue to exist; in this case, allowing a boardwalk is similar to the steps /stairs permitted on lakeshore slopes, as it provides access to the lake under a hardship condition. He stressed the need for requiring a condition for approving the restoration project to be maintained permanently. Mabusth interjected a summary of the Planning Commission minority opinion. If the boardwalk was to be permitted, it should be limited to a 4' width and to a height no greater than 30" in order to avoid the Building Code requirement for a railing. Also, there was no landing approved. These conditions would minimize the structure's visual impact. Curtis advised the proposed landing is 177 s. f. or about 10' x17'. McMillan and White expressed their opinion that some sort of landing at the end of a boardwalk would be needed for practical purposes. Gaffron pointed out the dock extends beyond the proposed landing. Murphy withdrew his comments supporting wide spacing upon hearing Gaffron's reservations and potential issues. McMillan added that she supports the need to control hardcover and structures in the 0 -75' zone to minimize hardcover impacts. White noted the Three Rivers Parks District successfully manages and utilizes boardwalks over metro area wetlands because boardwalks are not as invasive and allow people to get out to see the natural settings. • Sansevere asked if there is no other access to the lake other than the proposed boardwalk. Steinwall explained there is grass turf there now but the applicant is very interested in the prairie restoration project and planting native floodplain shrubs and grasses. • Murphy asked for a description of the proposed mesh fence material. Steinwall replied the fencing will be placed within the shrubs and stated the existing road curve and the need to be parallel to the roadway for security purposes cause the hardship. Curtis confirmed the fence is not proposed to be chainlink. Murphy questioned the reasons for denying the fence for the short distance when the fence within shrubbery is visually discreet. Gaffron pointed out the only hardship may be for security from the public road so close to a private lake access. Also, a proposed fence should not block others' lakeshore views. White indicated that he does not support lakeshore fences but this site may warrant a fence variance, though he recommended the conditions be very specific, if approved. Sansevere questioned why the applicant does not want to have turf rather than a boardwalk to the lake that could be wider than 4'. Steinwall explained the applicant wants to have the look achieved by the floodplain restoration as an aesthetic and environmental positive to Lake Minnetonka. She added Mr. O'Shaughnessy would be a more eloquent proponent of his restoration project than she. Steinwall indicated that turf would be a fallback choice. Page 11 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (12. #04 -3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD — VARIANCES /CONDITIONAL USE PERMITS — RESOLUTION NO. 5195 continued) • Sansevere asked for Gaffron's opinion regarding the potential hardship created by the proposed floodplain restoration project. Gaffron stated the proposed floodplain restoration project creates a hardship as along as there is a condition that the boardwalk remains only as long as the restoration project exists; this would address a future situation when it may be decided to mow the area and convert it to turf. McMillan explained the floodplain restoration projects are desirable especially in low, wet areas that otherwise would be attempted to be filled, and also, the projects promote diversified wildlife habitat versus a mono- culture lawn. Curtis reported the applicant's landscape architects are proposing the boardwalk be constructed within the plantings to be less visible from the lakeside and it could be more serpentine to minimize visual impacts. She added she thought a mowed path would be more visually apparent. Sansevere asked planning staff if they were now supportive of the proposed boardwalk/hardship variance and if staff raised their issues to the Planning Commission. Gaffron replied that initially staff did not find any hardship to justify the variance; however, McMillan's concept of the floodplain restoration project creating the hardship appears to be persuasive as a reasonable hardship. Mabusth explained the Planning Commission as a whole was not opposed to the proposed floodplain restoration project but discussed when to allow such a variance and their decision is based only on • existing conditions. They encouraged the applicant to install the project and return at a later date to apply for a boardwalk through an established, existing condition. Mabusth expressed her support for allowing the boardwalk with the floodplain restoration project to allow the property owner to access the lakeshore. Sansevere initiated discussion of whether approving the hardship variance would be seen as `creating a hardship.' Curtis agreed it might be a potential pitfall that could be favorable if there are more vegetative buffers created on the lakeshore. She recommended there be very detailed findings for this variance request if granted so it would not become an overall problem of others claiming to create a hardship. White interjected that granting this variance may become an incentive for other property owners to undertake what is an expensive restoration effort. McMillan commented that the planned vegetative restoration might actually prevent outside storage in the floodplain that is seen with turfed shorelines. Sansevere requested information about the timing of the boardwalk construction. It was explained that the planted vegetation takes several years to become established; Gaffron referred to the MnDNR landing at Maxwell Bay and that the first 2 -3 years it looked similar to a lawn but eventually it becomes mature. Sansevere suggested that conditions of approval be determined to have the • Page 12 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • (12. #04 -3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD — VARIANCES /CONDITIONAL USE PERMITS — RESOLUTION NO. 5195 continued) plantings done before the boardwalk is installed. Steinwall advised that the plantings would be done immediately before the boardwalk is built. Moorse initiated discussion of the proposed mesh fence in the 0 -75' zone. He advised that there have been prior requests for fence variances due to security reasons in the 0 -75' zone and there may be many property owners who would be interested in a security fence in the 0 -75' zone. Moorse indicated security purposes are not a hardship. Steinwall emphasized the applicant is interested in the fencing running parallel to the road and the curve of the road itself runs into the 0 -75' zone. The applicant does not propose to run the fence perpendicular to the lake. Curtis and Gaffron explained the proposed fence includes a 50' distance into the 0 -75' zone as it follows the road and there would be a gap of no fence from its end at the road to the lake. Curtis added that there is an existing fence there now along the road. Moorse summarized the applicant's position as that there is a road in the 0- 75' zone and the applicant intends to run a new, imbedded fence only along the road to the property line. McMillan questioned the security reasoning for the fence, acknowledging that the entire property boundary is not proposed to be fenced due to the gap at the lakeshore. Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a hardcover variance to allow 438 s.f. of hardcover within the 0 -75' zone in order to construct a 4' boardwalk to the shore ending with a 177 s.f. landing for Roger D. O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. Mayor Peterson opposed. • White moved, Sansevere seconded, to deny a lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75' of the OHWL extending to the northeast 56'3" for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. Council Member Murphy opposed. • Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 5, Nays 0. White moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use permit in order to construct chimneys 4018" in height where 30' is allowed and a 50% height increase is permitted by conditional use permit for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: VOTE: Ayes 5, Nays 0. Sansevere asked what is the record highest chimney in Orono. Gaffron described pitched -roof houses with 38' peaks. He explained the proposed chimneys are an architectural feature. Page 13 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. *13. #04 -3014 TIMOTHY POWERS, 3210 NAVARRE LANE — VARIANCE — RESOLUTION NO. 5196 • Murphy moved, White seconded, to adopt RESOLUTION NO. 5196, a Resolution granting a rear yard setback variance to allow a rear yard setback of 24.5 feet when 30 feet is normally required and 24.5 feet currently exists (existing shed will be removed) in accordance with Municipal Zoning Code Section 78 -350 (B) in order to construct a second story above the existing first story, and add two garage stalls for Timothy Powers on behalf of Campo Bellow Partners at 3210 Navarre Lane. VOTE: Ayes 5, Nays 0. *14. #04 -3015 ROBERT LUND ON BEHALF OF WILLIAM AND BONNIBEL BYERS, 1389 ORONO LANE — VARIANCE — RESOLUTION NO. 5197 Murphy moved, White seconded, to adopt RESOLUTION NO. 5197, a Resolution granting a conditional use permit per Municipal Zoning Code Sections 78 -966 and 78 -1250 in order to perform grading and filling within 75' of the OHWL of Lake Minnetonka and variances to Municipal Zoning Code Sections 78 -282, 78 -305 Subd. B, 78 -966, 78 -1286, 78 -1279 Subd. 6 and 78 -1288 to allow a side yard setback of 26.4' where 30' is required, an average lakeshore setback variance in order to reorient the roofline, add a balcony where a pitched roof currently exists and to add a `witch's hat' feature within the average Lakeshore setback at 1389 Orono Lane for Robert Lund on behalf of William and Bonnibel Byars. VOTE: Ayes 5, Nays 0. 15. #04 -3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH — PRD SUBDIVISION — PRELIMINARY PLAT . Gaffron presented the proposed PRD Subdivision with 14 acres dry buildable and 6 acres in wetland with Long Lake Creek meandering through the property. He illustrated the subject property's site location, noting its proximity to Kallestad Acres and the 40' corridor owned by the Dunn's that provides access to the subject property as well as another 10' of easement on the edge of Lot 1 of Kallestad Acres. After reviewing several possible layouts in Sketch Plan review, the Planning Commission concluded that this site lends itself to clustering of lots as opposed to lots spread out over all the dry buildable areas. The PRD proposes a 7 -lot residential plat with an overall density of 2.0 acres, with some lots smaller than 1 acre, clustered around the cul -de -sac. The existing house is proposed to remain. Setbacks proposed would meet the Zoning Code 1 -acre setback requirements. Due to the Long Lake Creek course, Gaffron noted that the shoreland setbacks would apply, as well as wetlands. The OHWL affects only two proposed lots. The steep slopes are not determined to be bluff areas. Gaffron advised that revised grading plans were received last week; said documents were provided to the City Council. Referencing the May 21, 2004 Planning Commission recommendation for areas to be preserved via conservation easement or similar open space dedications covering multiple individual properties rather than within one or more platted outlots, Gaffron strongly recommended that the open space be preserved as an outlot. He explained staff's rationale (included in the staff report), including: • Page 14 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • (15. #04 -3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH — PRD SUBDIVISION — PRELIMINARY PLAT continued) McMillan asked for confirmation if the plan is to cut down the knoll and move out on the slopes. Goodrum responded that the existing private road would remain and the knoll would be minimally flattened only to facilitate stormwater to run down the road and into the stormwater pond. Murphy asked for confirmation of the proposed side yard setbacks. Gaffron replied that it mimics the 1 acre setback requirements of 10' side yard, 35' front yard and 30' rear yard setbacks. Lazniarz asked for the requirement for the 2.0 -acre side yard setback; Gaffron indicated that it is 30'. Murphy remarked the plan proposes houses that could be only 20' apart. Expressing that he would generally support clustering with a natural environmental site, White agreed with Murphy's comments regarding the small size and number of lots of the proposed PRD. Murphy reiterated the proposed PRD goes spiritually against what is trying to be done in Orono and suggested that if an outlot would exist there should be only about three homes on the site, certainly not seven as proposed. Lazniarz offered to maintain wider side yard setbacks than now shown with designing houses to be deeper into the lot. Gaffron explained the house pads are set close to the road in order to provide the walk/out design. McMillan stressed there could be potential surface water runoff problems with the higher densities on a knoll and with the existing grades, roof runoff is a serious environmental impact. She supported reducing the proposed number of building sites. Also, McMillan noted that Long Lake Creek is a is tributary reaching Tanager Lake on Lake Minnetonka which directly impacts its water quality. n U Sansevere asked if the 30' side yard setback from the 2.0 -acre requirements address her concern. McMillan repeated her position that there are too many proposed sites, agreeing with Murphy. Sansevere pointed out that without the outlot it remains the same issue of higher, clustered densities on a knoll. Goodrum responded that the knoll is a natural site for walk/out designs with 100 -150' of yard before reaching the creek or any environmentally sensitive area. He provided information on the stormwater pond design, overland surface water quality and rate control and plans to capture surface water. He showed other Sketch Plan examples of 2.0 -acre, 1.0 -acre and 1.5 -acre developments brought to the Planning Commission earlier with only single family lots, with more hardsurface for roads, driveways, etc. throughout the entire site. Goodrum pointed out the proposed PRD now shows a more environmentally sensitive design with clustering of houses and open space to protect the majority of the parcel. Murphy interjected his opinion that the developer is trying to back into a 7 lot design since they earlier proposed 7 lots on 2.0 acres, and he was offended by that. Goodrum indicated the plan examples were to show the application could meet Code requirements. Murphy replied the design should fit into Orono's community and not just meet Code requirements. Page 16 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (15. #04 -3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH — PRD SUBDIVISION — PRELIMINARY PLAT continued) • 1. an outlot situation works best under association ownership 2. it would provide more permanent open space protection 3. it would be less likely for individuals to encroach on other properties 4. it would be a better representation of a PRD. Sansevere stated it was good that the Apple Glen access is out of the proposed design. He asked about the status of access and sewer service, emphasizing that he wanted to know if these issues were now resolved. Murphy added that if the access issue with the Dunns was not resolved, he did not know why the City Council should continue discussion of the application. Henry Lazniarz, applicant, stated there is now a signed agreement between Lazniarz and Dunn at his office. Gaffron confirmed that he had received a voice message from Jerry Snyder indicating there was an agreement but Gaffron had not seen it. Barrett commented that with the Dunn agreement, he believed access is provided to the subject property and any City approvals would require proof of a signed agreement. Gaffron pointed out an additional access issue related to the 10' public road easement at Kallestad Acres. He explained the City Attorney is reviewing the question of transferability to the 40' private easement from Dunn to create the 50' right of way as required. Barrett indicated his examination of the easement is not concluded but will ascertain if a public easement can be used in conjunction with a private easement to meet the 50' access requirement. • Murphy asked what is the actual acreage of each lot if an outlot is created, as staff recommends. Gaffron replied that each lot is smaller than 2.0 acres and lots range from .75 —1.5 acres in area. Murphy expressed his opposition to the PRD and cluster housing and being given "credit" for open space /outlot. It results in putting bigger houses on smaller lots which violates Orono's rural character. He stated the PRD does not result in 2.0 -acre residential lots. Moorse remarked that there is a similar subdivision on Willow View with lots of about one acre with open space but the homes are more spread out than this proposal. McMillan referred to the walk/out house design on steep slopes, which result in no level backyard areas. She expressed concern for future homeowners who may want to "make" a backyard with retaining walls. McMillan described the proposal as intense development on a knoll with a strong potential for problems with surface water runoff with tree removal and resulting in slope erosion. Goodrum replied that the lots will have backyards as the houses would be built on the knoll with natural slopes and the backyards would be at the slope bottoms about 70' from the houses. Lazniarz explained the plans show a rectangular box representing the proposed house pad but that actual custom house pads would be deeper and not as wide as now shown on the plan. He offered to to incorporate into any City approvals that the City Engineer pursuant to receiving a building plan would approve each house pad permit. n LJ Page 15 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (15. #04 -3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 • BROWN ROAD SOUTH — PRD SUBDIVISION — PRELIMINARY PLAT continued) Gaffron advised that after seeing the earlier sketch plan proposals, both the Planning Commission and staff supported clustered housing rather than a standard lot development that scatters 2.0 -acre lots throughout the entire site. There are numerous benefits to clustering, including reduced hardcover and open space preservation. Murphy asked if any of the applicant's earlier plans showed fewer lots. Gaffron responded that when a developer proposes a plan that meets Zoning Code, there is no basis to require fewer lots but could only make the suggestion. He stated that with a standard subdivision on the subject parcel there would be six lots, with the PRD there would be seven lots. Gaffron stated he did not disagree with Murphy's philosophical concerns but the Zoning Code suggests that there could be 5 -6 standard lots scattered around the site with more hardcover. Other than the visual impact of clustering the houses, Gaffron expressed he did not see a reason to not support the clustering design. Murphy observed that the City needs to be careful to not `codify' Orono into a result that would look just like other communities and not be consistent with Orono's community vision. Sansevere asked if the City has a legal right to tell a developer to reduce lot numbers even when having met Code requirements. He concluded that perhaps the site should have been guided for a 5 -acre minimum lot size to satisfy the expressed concerns of Murphy and McMillan. White suggested that a walking tour of the Fleming property occur to find out exactly what are the • objections to it. White expressed that he was offended by the fact that recurring discussions happen about what is the Orono spirit and the City Council does not come to a consensus. Without the consensus, an applicant is at a disadvantage in trying to meet City expectations. He suggested the application decision be postponed until the City Council can actually walk the subject property to gain a better understanding of the tightness of the site. Mayor Peterson asked for the approximate square footage of the houses. Lazniarz replied an example would be about 54' wide with 1800 s.f. on the main level and 2000 s.f. on the second level /over the garage. Goodrum pointed out that in the Fox Run subdivision there are 1 -acre lots with larger homes and an outlot, with the subject parcel they thought with a few more lots it would have a similar visual impact as the three lots on a knoll, as well as the benefit of preserving the environment. Sansevere asked how far is the PRD from where Apple Glen ends and how far is this from the first proposed house. Gaffron replied it is at the property line and about 500' from the first proposed house. Sansevere asked Gaffron for his opinion on how well the proposed PRD would blend into the neighborhood. Gaffron replied that the proposed houses would be larger than those in Apple Glen, the proposed houses are in a circle, not in a row, there would be minimal visual impacts to the surrounding neighborhood with clustering rather than spreading single lots all throughout the parcel. Gaffron recommended that all stormwater drainage from roofs and driveways be routed to the • stormwater pond by intentional design. He commented that the concern about walk/outs and future Page 17 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (15. #04 -3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH — PRD SUBDIVISION — PRELIMINARY PLAT continued) . development of backyard areas could be a potential issue so property owners would need to know for certain that no change in lot elevation would be permitted. Lili McMillan suggested there could also be a main floor s.f. limitation added with any approvals. She also asked how to address future building s.f. increases. Goodrum explained the PRD proposed plan shows the largest house pad of 4,000 s.f, but the actual house pads would be smaller. Mayor Peterson asked staff if there were any time constraints with decisions on the application, and if there were none, she recommended the City Council take the opportunity to do a site visit over the next couple of weeks. Lazniarz agreed to allow time for the City Council to visit the site prior to concluding discussion or deciding on the application. Moorse recommended the applicant re -do the design plan to show house pads with the 2000 s.f. footprint and what the setbacks would be, and if acceptable, the setbacks could be cited in the PRD documents. Lazniarz agreed to provide a plan showing the houses drawn to scale. Murphy reiterated that his issue remains the number of homes in a clustered space. Mayor Peterson stated she would agree that there are too many houses proposed if there would only be 10' side yard setbacks. McMillan moved, White seconded, to table Application #04 -3016 Henry Lazniarz/Wayzata • Design and Development, Preliminary Plat, Planned Residential Development (PRD), at 120 Brown Road S until the June 28, 2004 City Council meeting to allow the City Council the opportunity to conduct a site visit and to allow the applicant to prepare plans showing 2000 s.f. house pads and subsequent setbacks. Mayor Peterson confirmed the applicant agreed with the postponement until the City Council could do a site visit and the applicant could redo the plans to show 2000 s.f. house pads and setbacks. Lazniarz advised he was open- minded on the determination of outlot or a conservation easement over private property. McMillan, White and Mayor Peterson indicated they supported the outlot concept. VOTE: Ayes 5, Nays 0. Sansevere noted that in his experience as a City Council member the applicant may be one of most agreeable applicants because he is willing to listen and work with the City. • Page 18 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • *16. #04 -3017 SPRUCE HILL PROPERTIES, 3775 BAYSIDE ROAD — VARIANCES — RESOLUTION NO. 5198 Murphy moved, White seconded, to adopt RESOLUTION NO. 5198, a Resolution granting a hardcover variance to permit 3.8% hardcover within the 0 -75' zone when 0% is normally allowed and 3.9% currently exists, a lake setback variance to permit a structure within 75' of the lake and a street yard setback variance to permit a 22' setback when 50' is normally required and 22' currently exists in order to do an extensive remodel which consists of renovating the first floor and re- constructing the %Z story above for Spruce Hill Properties at 3775 Bayside Road. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan reported there were washed -out road edges in her Orono Orchard Road neighborhood and that preventive maintenance is needed. Gappa indicated there were other locations, too, that needed preventive maintenance but would look into a small project in her neighborhood. White reported progress on the Birch Lane issue and that the City Engineer and Greg Gappa are working on a plan. Gappa confirmed there is a plan and efforts are underway to get easements from the neighbors. • Sansevere expressed his disappointment with the sudden resignation of Jeanne Mabusth as Planning Commission member and Chair. Mabusth explained she made her decision based upon extended family issues that will impact her availability for Planning Commission meetings, and her obligations at the Apple House. She stated she enjoyed working with the great members of the Orono Planning Commission and appreciated being able to serve on the Planning Commission. Sansevere asked Moorse to contact the Alternate Planning Commission member to see if he is interested in becoming a full Planning Commission member to fill the vacancy. Sansevere expressed his opinion that the Dentist sign is jarring and is not what he expected to see. Murphy noted that he has seen changes in the sign over the past couple of days with the top piece taken off. Moorse advised that he checked to see if it was extending past the roof height and concluded it was at a correct height, but did not know why the top piece was removed. Murphy expressed a semi - apology for his strong position on the cluster housing issue discussed earlier. Murphy suggested that in future approvals for Special Event permits for Open Houses there be a condition for making arrangements for a shuttle from off -site parking areas in order to lessen traffic congestion and on- street parking problems. Moose replied that if staff anticipates parking problems, shuttles are required but agreed the City should move in this direction and routinely require shuttles with Special Event permits. Mayor Peterson advised that if any City Council member who is running for re- election wants to be in the Corn Days parade they need to tell Moorse. Page 19 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (MAYOR/COUNCIL REPORT continued) • provided rovided Moorse with the following correspondence and reports: 1. Letter from Congressman Jim Ramstad, re: Big Island access. Mayor Peterson asked Moorse to provide copies to the Council members. 2. Letter from LMCD re: Lake Minnetonka Zebra Mussels document and CD. Mayor Peterson asked Moorse to provide copies to the Council members. Also, Mayor Peterson advised she received several calls regarding residents' concerns and sightings of three coyotes in the Deer Run neighborhood. She asked Moorse to prepare a response to the residents. Mayor Peterson asked when a notice would be sent out to residents notifying them that the Minnetonka Art Center is no longer a permanent polling place. Staff did not know when Hennepin County would send out the notice. Moorse reported the Fire Chief is aware that the Fire Station is the new polling place. Moorse announced the next City Council work session is set for 5:30 p.m. on June 24, 2004. PUBLIC SERVICE DIRECTOR'S REPORT *17. JACOBS MILL SUBDIVISION REFUND LETTER OF CREDIT Murphy moved, White seconded, to approve the refund of $5,000 in letter of credit proceeds to the developer for the Jacobs Mill Subdivision. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *18. PURCHASE OF GOLF COURSE GREENS MOWER Murphy moved, White seconded, to accept the price quote from MTI Distributing for the purchase of a Toro GR -800 Greensmower at a cost of $6,292, less a $1,500 trade -in allowance, plus $312 sales tax, for a total cost of $5,104. VOTE: Ayes 5, Nays 0. *19. ESTABLISH NEW POLLING LOCATION CHANGE FOR PRECINCT 1- RESOLUITON NO. 5199 Murphy moved, White seconded, to adopt RESOLUTION NO. 5199, a Resolution establishing the Long Lake Fire Department located at 340 Willow Drive North as a changed Precinct Polling Place location for Precinct 1 in the City of Orono, Minnesota. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. Page 20 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. *20. LICENSES GARBAGE HAULER 1. Baldy Sanitation 5906 Henry St. Maple Plain, MN 55359 2. BFI Waste Systems of North America, Inc. 9813 Flying Cloud Dr. Eden Prairie, MN 55347 3. Randy's Sanitation 4351 U.S. Hwy 12 SE Delano, MN 55328 4. Veit Container Corp dba Veit Disposal Systems 14000 Veit Place Rogers, MN 55374 SPECIAL EVENT PERMIT is 5. Applicant: Jim Dillman Event: Wedding Reception with Music Location: 225 Willow Drive North Date: Saturday, June 19, 2004 Time: 6:00 p.m. — Midnight 6. Applicant: David Healy Event: Going Away Party with Music Location: 2135 Colin Drive Date: Saturday, June 19, 2004 Time: 5:00 p.m. —10:00 p.m. Murphy moved, White seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. *21. BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nay 0. • Page 21 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. ADJOURNMENT • Sansevere moved, Murphy seconded, to adjourn the Orono City Council Meeting of June 14, 2004 at 9:55 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Page 22 of 22 Barbara Peterson, Mayor •