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HomeMy WebLinkAbout06-28-2004 Council MinutesMINUTES OF THE .:. ORONO CITY COUNCIL MEETING Monday, June 28, 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, and Bob Sansevere; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Council member Jim Murphy and City Attorney Thomas Barrett were absent. Mayor Peterson called the meeting to order at 7:03 P.M CONSENT AGENDA 1. Approve /Amend Items #10A, 11, 12, and 16 were added to the Consent Agenda. Items #13 and 14 were removed. White moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. RECOGNITION 2. Pauline Bouchard — Parks, Open Space and Trails Commission. • Mayor Peterson presented Bouchard with a Resolution recognizing her for her many years of dedication to the City Parks, Open Space and Trails Commission. Park Commission Chair McDermott and members Halvorson and Wolfe echoed the Mayor's comments adding that Bouchard will be greatly missed. Is PRESENTATION 3. Representative Barb Sykora — House District 33B Sykora thanked the City Council for allowing her the opportunity to speak. She asked the City for a status report on the Highway 12 progress, recognizing the City's good will and fortitude in this endeavor. In addition, she asked for more insight into the Big Island Vet Camp decision, and what the City's view of what should happen there might be. While she recognized that no one would like the island to be sold to private development, and would prefer it remain in the public realm, she pointed out that they have 2 years to determine how to proceed. She asked to hear what both sides of the Camp sale have to say. Sansevere asked whether the other side stated its reasons to sell were cost related. Sykora stated that she had been told that the camp was not getting enough use nor making enough money to keep it going. PAGE 1 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING , Monday, June 28, 2004 7:00 o'clock p.m. ' (3. Representative Barb Sykora — House District 33B, Continued) • Sansevere stated that he found it difficult to accept a decision based strictly on the bottom line, given a new generation of vets was being created as we speak and the camp provides a nice amenity for those users. Senator Gen Olson, also in attendance, stated that she had been receiving numerous phone calls speculating over the motives of the sale. She stated that, in reality, the commissioners and appointees voted unanimously to sell the property at a recent board meeting and filed the paperwork May 24 "' to allow the sale to proceed. Olson explained that the land used to belong to the State, and was deeded to the vets for their use, if sold the money would go into a trust for the veterans. Olson stated that, though valuable, she knew of many vets from all over the metro area who spend time at the camp and have expressed a great deal of concern if it were closed. She pointed out that the Governor's office knew virtually nothing of the controversy nor decision and the Senate Chair of Vets Committee has been hearing a number of different stories. Although some type of action might be taken later, until research can be done to determine the process, Olson asked the City Council what their opinion of who would be responsible for the camp over the next two years might be. She asked what Orono's concerns might be. Sansevere voiced his concern that anyone would consider saying no to the vets by closing their sanctuary on Big Island. He felt that any politician who failed to support the vets' rights to keep the camp would be making an unpopular decision. Olson agreed that the Big Island Camp was a beautiful rare resource which the government ought to know whether it makes sense to retain in perpetuity; however, she pointed out that the veterans' • own representatives voted to close the camp and put it up for sale. Sansevere maintained that the use that goes on at Big Island is worth it, and pointed to many members of the public in attendance who would concur. Sykora asked what the status of the Highway 12 project was. Sansevere stated that he would defer to committee representatives Gabriel Jabbour and Council member Murphy, absent this evening, to advise Sykora of the status. Jabbour interjected that settlement of the Carlson property acquisition by Mn/DOT from the City was in ongoing negotiations currently, and other concerns include the timing of various bridge closings with school commencing in September. McMillan asked if a special session would be scheduled and whether the bonding issue would be addressed. Sykora stated that scheduling of a special session was yet to be determined and bonding would not be discussed without a special session. Bonding would likely be discussed in the next session come January. • PAGE 2 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. APPROVAL OF MINUTES *4. Regular Council Meeting of June 14, 2004 White moved, Sansevere seconded, to approve the Minutes of June 14, 2004, as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Chair McDermott Chair McDermott invited the Council members to join the Park Commission on its annual park tour on July 6, 2004, at 5:15 P.M. followed by a brief work session. PLANNING COMMISSION COMMENTS — Roland Jurgens, Representative Commissioner Jurgens was absent. LMCD REPORT — Debora Halvorson Halvorson reported that the LMCD proposed budget changes for 2005 would result in a net increase for Orono's share of $3,282.00. She pointed out that this constitutes the first increase since 2001 and should help offset administrative costs and an increased zebra mussel awareness campaign. Halvorson stated that each City has until July 1, 2004 to voice their objections to the proposed budget increase. • McMillan stated that she was pleased to see that the LMCD would be dipping into their own reserves to increase funding for their efforts. is With regard to the latest legislation regarding the jurisdiction of the LMCD, Halvorson stated that, since the LMCD does not have jurisdiction over tributaries and creeks leading to Lake Minnetonka, the MCWD has proposed a partnership between affected communities, like Minnetrista, the LMCD, MCWD, Three Rivers Park District, and the DNR to protect the 6 Mile Creek Corridor and water quality of Lake Minnetonka. On a final note, Halvorson encouraged the Council to give thought to hearing a short educational presentation on the LMCD's zebra mussel program in the coming months. McMillan pointed out that the Star Tribune ran a recent extensive article on invasives coming to the Great Lakes region and suggested that everyone try to read this interesting piece. PUBLIC COMMENTS Mayor Peterson read a letter into the record from Congressman Jim Ramstad to Governor Pawlenty expressing his, and veterans', grave concern about the closing and sale of the Big Island Veterans Camp on Lake Minnetonka. Gabriel Jabbour, past Mayor and Orono resident, stated that, as a first generation immigrant to the U.S, he felt it was his duty to help the veterans and voiced his surprise that the board believed the camp was not well used. Upon visiting and hosting various picnics at the camp himself, Jabbour PAGE 3 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) • pointed out that camp records indicate that 5,000 -6,000 veterans and their families visited the site last year. While he concurred that security over the next two years is of concern, he stated that the camp continues to be under control by the same vets who've volunteered to stay out at the camp to maintain order. While 100's of vets wished to attend the Council meeting this evening, Jabbour stated that a handful of representatives were chosen to speak on their behalf. Based on his experience as a past Mayor, Jabbour stated that the Orono Comp Plan identifies its vision for the Camp to remain a Vets Camp in perpetuity. He expressed his amazement that the Governors office had to do a great deal of research to obtain information, since all they would have to do is contact those that ran the camp, the individuals present this evening. William Anderson, 3877 Park Lane, Spring Park, Representative of the Big Island Veterans Community and Commander of the Mound VFW for the past 6 years, removed rather suddenly recently, stated that Senator Olson's statement that the vets voted to close the camp is not a totally accurate statement. He maintained that the Board, not made up of vets who use or have even visited the camp, voted to close the Big Island Vet Camp. Anderson read a letter on behalf of the Big Island Veterans Community into the record. The letter pointed out that the vets have operated and maintained the camp for over 80 years as a unique place open to veterans and their families. While they recognize the property could be put to other use, the vets believe they have created a balance between land preservation and accessibility. The letter went on to ask the Mayor and Council to join the veterans in recognizing the unique • nature of The Big Island Veterans Camp and support the`continued operation of this historic and worthwhile facility. The letter asked the Council to consider rezoning the property to reflect the use it has been put to over the past 100 years, a commercially zoned, seasonal camp for use by veterans, their families, and guests. Anderson's letter concluded by pointing out that 85 years ago the state legislature dedicated the Big Island Veterans Camp as a one -of -a -kind living memorial, a place where vets who answered their country's call could escape, and/or reflect on their experiences and losses. A memorial befitting today's sons and daughters who continue to answer their country's call to service, and for generations of veterans to come. Anderson stated that having recently attended a State VFW Convention in Rochester with 291 other VFW posts in Minnesota, he spoke to approximately 178 other posts who volunteered to write letters in support of the Camp. Of those he spoke to, Anderson stated that 99% of them were surprised to hear of the Camp's closing. Sansevere asked if it would be helpful to the Governor's office if he obtained those letters. Olson stated that it would be extremely helpful if Anderson could supply her with copies of those letters to pass along to the Governor's office. If the group assembled, the Governor's office could consider exercising some authority, or perhaps rescind the decision, but this needs to be determined within the two year timeframe. Sansevere encouraged Olson to show the Governor both Ramstad and Anderson's letters. • PAGE 4of19 R "I" MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Other veterans and Vets Camp supporters in attendance included: Jeff Hoffman, 2259 Lilac Road, Spring Park, Spring Park City Council member Keith Kask, 19750 Manor Road, Deephaven, Mike Flanagan, 20560 Summerville, Deephaven, Ex -Board of Governors Representative Ed Callahan, Orono Woods Apartments, Past Orono Mayor Gabriel Jabbour, Orono resident and Past Mayor Bret Greenwald, 411 Lake Street, Excelsior Tamra Johnson, 2400 Interlachen Road, Spring Park Mike Flanagan stated that in the 1920's the camp was established as a rest camp, or place for vets to recover with their families. Legislation of that time stated that the first priority of this camp would be its disabled vets, a priority which continues at the camp today. He urged the Council to make a recommendation to support the camp, noting what a bizarre notion it seemed to him to close the camp when the country is at war. Flanagan acknowledged that, if no other alternatives remained, he could support selling a small portion of the camp to create an endowment for the remainder of the camp for generations of veterans to come. Keith Kask stated that the camp operated at a mere $3,100 deficit last year, which to him seemed a minimal expense, since the camp was not meant to be a profitable entity. With good utilization and increasing numbers visiting annually, he argued that the vets continue to do a great job maintaining the camp at minimal expense for well over 5,000 users per season. Kask stated that, since he • personally writes the insurance on the camp, he can attest to the fact that it continues to be covered. • Sansevere questioned where the dollars would go if the camp were sold. Flanagan stated that the funds would go into a trust fund for benefit of veterans at the discretion of the Board of Commanders. Jabbour interjected that developers are already eager to get their hands on Big Island, with one such developer telling him the past week that Orono will jump at the opportunity to make money off developers on Big Island. Anderson stated that the vets have begun approaching private entities to fund the camp and gain financial commitments to keep it open. Olson questioned what drove the decision to sell the camp and was curious to hear what the vets felt the motivation was. Although admittedly conjecture on his part, Anderson stated that after State Commission of Veterans' Affairs Jeff Olson collected reporting data and mission statements from him on several occasions, and attended some meetings, suddenly Anderson received a letter on April 16'' which removed him from the Board and prohibited him from attending the next meeting. Kask added that two other board members seats were open at the time and during the vote in April, two regular board members abstained from the vote. PAGE 5of19 MINUTES OF THE ORONO CITY COUNCIL MEETING _ Monday, June 28, 2004 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) • Jabbour noted that the newly appointed board members, who've not ever visited the camp, voted to dissolve the camp and have not met since handing down their decision. Olson asked how many board members were replaced. Anderson stated that three new members were at that meeting and two of the other five abstained from the vote, though he had not been given a set of the minutes from the meeting as requested. White stated that he felt that it was clear that money was the motivation. Someone thinks there is a great deal of money to be made from the sale. White agreed that one option might be to rezone the camp for commercial camp use, while the other might be to zone it for cemetery use. Jabbour noted that no discussions had gone on with the American Indians either. He used an analogy that someone has decided to butcher this milk cow for a one time beef steak, versus keeping the milk cow indefinitely. Ed Callahan stated that it is obvious to everyone in the room the City of Orono should and does strongly support the continuation of the vet's camp on Big Island. He agreed that it would be a good idea for the Council to adopt a resolution supporting this position and this as the best use of this piece of real estate. As a symbol of our City, Callahan pointed out that Orono is not alone in believing this to be a good use of Big Island, all of the other lakes communities agree, as do 178 other VFW posts. He found it interesting to hear what was to be done with the money if the camp were sold, and pointed out that vast numbers of vets would be vying for this money if the camp • were sold as well if the camp is not saved in perpetuity. Callahan maintained that the camp continues to be a unique and vital parcel to the City and community as a whole which present problems and joys. He urged the Council to give careful consideration to what will become of this parcel if it is not saved for future generations. He pointed out that soon the City would have to deal with legislation, commercial interests, and strongly urged the Council to assign a group of liaisons to talk to other communities and gauge their positions, develop a consensus around the lake, and prepare to take action. Olson pointed out that if the veterans or another public entity come up with the money within two years they could proceed. She stated that, legislatively, they will do what they can to achieve the veterans and City's ends, but urged supporters to go beyond the lakes communities in this endeavor. Olson encouraged the vets to lead and be the voice at the forefront of any action taken, with the City's support as the responsible party for use of this land. Sansevere reiterated the need to obtain letters of support throughout the state. White asked what the operational expenses of the camp were annually. Kask stated that operational costs of the camp were $18,000 annually. Jabbour stated that the issue over expenditures is irrelevant, since the vets currently have a donor in hand who has stepped up to cover expenses for the next 10 years. • PAGE 6 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. • (PUBLIC COMMENTS, Continued) Mayor Peterson stated that she was confident the vets had the strong support of the City Council behind their effort. • Sansevere asked former Mayors Callahan and Jabbour to consider leading a task force to investigate and present the vets position to the neighboring communities. He suggested that the vets use the full force of the media to back them on their endeavor, as well as, Congressman Ramstad in his media addresses. He commented that it is hard to believe that other vets have turned on this group of vets, especially now that the US is at war. He repeated the need to get other VFW posts involved to condemn the decision and to continue to pursue corporate help. McMillan agreed, stating that the vet's camp is a very special place which belongs to the vets. She stated that she would be 100% behind keeping it in its current state, as a virtual sacred use of the land. White thanked the many representatives for attending the Council meeting this evening. Mayor Peterson asked how to proceed and promising 150% support. Kask thanked the Council for their time and support in their cause as it sends a great message to the community regarding the legitimacy of the vote. Sansevere suggested Anderson send copies of the 178 VFW post letters to the media as well as Olson in a display of how the rank and file feel about the camp. PUBLIC COMMENTS — CONTINUED Betsy and Bruce Nusbaum, 3480 North Shore Drive, stated that they wished to provide the City Council with an update on their situation with the water issues on Birch Lane, what wasn't happening to date, and their growing list of concerns. Mr. Nusbaum distributed a list of 7 concerns ranging from excessive run off from Birch Lane on to their property causing them undue hardship, construction of the lot to the west which allowed excessive fill and incomplete grade plans, potential future changes to the lot to the east, a concrete plan for the reconstruction of Birch Lane and resolution of the drainage issues, expediting a process and setting a time table for completion, lack of communication from the City with the neighborhood, to a request for a special meeting to resolve these issues. While Mrs. Nusbaum indicated that she had been part of several discussions with Moorse and Gappa, the same problems continue and increase. She explained that due to a poor resurfacing job 10 years earlier, enormous amounts of water flowed across their property, a situation which was exacerbated by new construction to the west which was allowed to. build higher than their construction 4 years earlier, thus disrupting the natural flow of the run off and causing it to pool on their property. Mrs. Nusbaum passed around pictures of their home and yard today and 10 years earlier. Mayor Peterson asked the status of the temporary berm that was installed. PAGE 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Mr. Nusbaum stated that he wished to provide the Council with an update of what's been going on, since he believed they were unaware that little has been done and stories differ. Since the old natural flow was changed 10 years earlier with the resurfacing project, the then new flow ran past their property to the west. This natural flow of water to the west worked adequately until the new construction to the west was allowed to bring in enormous amounts of fill, which stopped the flow entirely. Mrs. Nusbaum pointed out that, just four years earlier, they were forced to follow the rules laid out by the City for their construction project, and now this new project has halted the flow. She maintained that her property cannot accommodate the entire runoff for the whole neighborhood. As nothing has changed in 10 years, Mr. Nusbaum voiced his concern that once again their concerns will be put off, fall will come, and nothing will be done once again. White stated that he wished he could come up with a solution, but indicated he must rely on what the engineers tell him. He indicated that perhaps City staff has been working on some solutions the Council and Nusbaums were unaware of. Sansevere questioned what the flow will be after construction. Mrs. Nusbaum stated that the final grade is anticipated to be complete this week. E Moorse asked Gappa to explain their design solutions to the Council and issues regarding • easements. Gappa stated that there are several drainage problems. Water comes rushing down Birch Lane and onto their property since the asphalt berm is smushed. He has developed a set of options for diverting the water to the corner via a pipe. Having sent letters to some of the neighbors regarding one of the options, Gappa stated that two of the neighbors have voiced their opposition to the proposal. With regard to the option of constructing a parallel pipe down Baldur Pk. Rd., Gappa stated that this is another viable option. Gappa stated that much of the problem centers on the fact that it is very flat at Birch and Baldur, which makes it difficult to handle heavy volumes of water. McMillan pointed out that the asphalt berm was not meant to be a permanent solution. Gappa stated that if the easements don't work they may consider taking the water out Baldur Pk. Rd. to direct it to North Shore Drive. Sansevere stated that this has been going on for years already and questioned whether the City should consider condemnation to run the pipe underground. White asked if the City could help with a solution for bigger capacity. Kellogg stated that although they would like to take the water out two ways at Birch and Baldur Pk. Rd., they would need to crown the road to run the water down both sides of the road and thru two pipes in two different directions. • PAGE 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. • (PUBLIC COMMENTS, Continued) Gappa stated that the culvert under County Road 51 should be able to accommodate the water at that point. Mayor Peterson asked when the crown and cement curb and gutter would be put in. Sansevere reiterated asking for a time table for this process to be complete. Gappa stated that, if they could get a decision on which option to construct, they could get price quotes, and get it built by fall. Mrs. Nusbaum questioned how they would fit the new roadway and gutters in the 147' roadway. Kellogg stated that they would construct it within the current right -of -way. White asked if the new construction would impact the Nusbaums. Gappa stated that the neighbor's swale in the final grade should help direct water to the edge of the property. Mrs. Nusbaum stated that they complied with all City requests and suggestions for the construction of their home. She indicated that the neighbors should not have been given additional variances to • add more fill than initially proposed. McMillan encouraged Gappa to hold a neighborhood meeting to get some of the neighbors to come together and hear what the issues with Birch Lane are. She believed that it generally helps to get everyone together to talk about the problems facing them. McMillan stated that she spoke to a neighbor with the new construction who said that the City had not sent a letter or established a meeting. Mrs. Nusbaum agreed that a personal meeting would likely provide a better outcome than a letter. McMillan voiced her frustration for the residents, stating that she believed these issues would have been resolved by now. Mayor Peterson agreed, stating that the process has been ongoing for 10 years with the infant in the picture now sitting in the audience, and she did not wish to see that boy turn to a man by the time the problem is resolved. She urged staff to ensure that the new construction to the west's final grade remedy the situation. Mrs. Nusbaum asked what timetable she could rely on and whether a special session could be scheduled with the Council to finally resolve these issues once and for all. Mayor Peterson stated that Moorse would be contacting Mrs. Nusbaum to schedule a neighborhood meeting and urged her to contact her after the meeting and relay to the Mayor the results of the face to face meeting. Mayor Peterson commented that these water runoff problems seemed to be coming up more often these days. PAGE 9of19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) • Although there is no one easy solution to this problem, McMillan stated that the City needs to come up with something to resolve this for these people. Sansevere asked why staff couldn't just host a face to face meeting to explain to these residents how simple running the pipe across the back of their properties would be. Mayor Paterson asked if the Council and staff could all agree that this is something that will be resolved yet this fall. Gappa agreed. The Council unanimously concurred. Mrs. Nusbaum thanked the Council for their time. ZONING ADMINISTRATOR'S REPORT *5. #04 -2969 TERRY AND GRETCHEN BLOUNT, 1390 CHERRY PLACE — VARIANCES /CONDITIONAL USE PERMIT — RESOLUTION NO. 5200 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5200, a Resolution amending Resolution #5127 granting a hardcover variance and a building -to- building setback variance for 1390 Cherry Place to allow construction of a covered entry with the • remodel project. VOTE: Ayes 4, Nays 0. 6. #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, WILLOW /12 (STONEBAY OUTLOT A) — GENERAL DEVELOPMENT PLAN/FINAL PLAT — RESOLUTION NO. 5201, ORDINANCE NO. 14, 3RD SERIES Gaffron explained that the Applicants have requested General Development Plan Approval and Final Plat Approval, as well as, Ordinance Rezoning subject to its not becoming effective until all required documents have been executed to the satisfaction of staff and the City Attorney. Gaffron pointed out that the applicants had provided mylars for final plat approval and final building materials boards reflecting the darker brick as directed. He questioned whether the Council wished to include evergreens along the 400 -500' Highway 12 frontage. Gaffron indicated that the applicant's attorney has suggested a number of minor changes to the Preliminary Plat Resolution and the General Concept Plan Approval Resolution adopted on June 14. While most of the changes are inconsequential and under review by the Attorney and staff, Gaffron stated that Reliance Development Company LLC is assigning their interests to a replacement entity, Stonebay Commercial LLC, for legal purposes, and documents will be revised to reflect those changes. In addition, the applicant's attorney has requested that the rezoning ordinance add to the list of allowed uses a final line item, " #29 other non -food retail uses ". Gaffron pointed out that staff has rejected this requested change given the amount of time devoted by the Planning Commission in establishing this list of allowed uses. He stated that if an unlisted use is requested, staff would reject it and the applicant could appeal staff's interpretation and request n U PAGE to of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 . 7:00 o'clock p.m. (6. #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, WILLOW /I2 (STONEBAY OUTLOT A) — GENERAL DEVELOPMENT PLAN /FINAL PLAT, Continued) Planning Commission or City Council action to determine whether the proposed use is similar enough to one of the listed uses to be allowable, or request to amend the PUD. Finally, Gaffron stated that the City Engineer has provided a final letter establishing the required amount for the letter of credit at $750,000. Since the applicant has complied with the conditions established by the City in the Comp Plan Amendment for this site, and has revised plans to be in conformance with the recommendations of the City Engineer and the City's Planning Consultant, it would be staff's recommendation to adopt the documents for: 1) The General Development Plan Approval and Final Plat Approval Resolution 2) Rezoning Ordinance 3) Acceptance of the PUD 4A Agreement and authorize Mayor and staff to execute said agreement upon City Attorney acceptance of final language Vickie Van Dell, representative of Reliance Development Corporation, stated that they wish to avoid coming back for repeated amendments to the permitted uses list; therefore, suggest adding line item 29 other non -food retail uses. She questioned whether staff has some ability in accepting similar uses. • Gaffron stated that there is an appeal process in place for determining permitted and non - permitted uses which can be brought before Council for review. White suggested that staff amend their position to state if an unlisted use is requested, staff could reject it and the applicant at that time could appeal staff's interpretation and request PC /Council action to determine whether the proposed use is similar enough to one of the listed uses as to be allowable, or would have to request to amend the PUD. Moorse concurred, stating that if a substantially similar use is presented to staff, they could determine at staff level to accept or reject the use. Gaffron indicated that language could be added to item 29 allowing staff to make some determinations regarding similar use. He asked whether Council wished to see evergreens along the Highway 12 expanse. White stated that the evergreens would be a nice addition to break up the expanse during the winter months and give the property some landscaping appeal. Van Dell stated that she would work with staff to determine where to place the evergreens White moved, Sansevere seconded, adopting RESOLUTION NO. 5201, a Resolution granting General Development Plan Approval for Planned Unit Development No. 4A for Stonebay Commercial LLC and Approving the Plat of Stonebay Commercial — File No. 04 -2974 subject to the landscape additions of Evergreens discussed. VOTE: Ayes 4, Nays 0. PAGE 11 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. • (6. #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, WILLOW /12 (STONEBAY OUTLOT A) — GENERAL DEVELOPMENT PLAN /FINAL PLAT, Continued) Sansevere moved, White seconded, adopting ORDINANCE NO. 14, 3"' SERIES, an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Property within Outlot A, Stonebay from PUD/B -6 highway Commercial District and adding Section 78 -1010 Regarding Planned Unit Development No. 4A — File #04- 2974 adding Item #29 with language indicating that staff could accept or reject a proposed substantially similar use to the permitted use section of the Code. VOTE: Ayes 4, Nays 0. White moved, McMillan seconded, to accept the PUD 4A Agreement and authorize Mayor and staff to execute said agreement upon City Attorney acceptance of final language. VOTE: Ayes 4, Nays 0. *7. #04 -3009 JAMES AND DARCY LOFFLER,1690 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5202 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5202, a Resolution granting lot area and hardcover variances in the 75 -250' setback zone to allow construction of a new residence on the property located at 1690 Shadywood Road subject to all existing structures being removed, the new house meets average setback and 75' setbacks, as well as other required setbacks, and the City Engineer's approval of the grading and drainage plans prior to issuance of a building permit. VOTE: ayes 4, Nays 0. • 8. #04 -3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH — PRD SUBDIVISION PRELIMINARY PLAT Gaffron reported that this item was tabled at the June 14 meeting to allow the developer to provide additional detail regarding proposed house locations, relationships to lot lines, setbacks, etc. While Council indicated support for the concept of creating an outlot for the areas to be preserved, they were concerned about the clustering, building separation, and intensity of development in the portion of the property being developed. Gaffron indicated that staff would recommend approval of the proposed preliminary PRD, subject to the 9 general and specific conditions noted within the staff memo dated June 24, 2004, and direction to draft a resolution for preliminary plat approval. Gaffron pointed out that staff feels development of this site as PRD is an appropriate zoning and win -win situation for the City and the developer, since otherwise the 14 dry buildable acres might put one of the homesites south of the creek next to the Luce Line. In addition, the PRD allows the City to impose a higher standard to mitigate any negative impacts of the clustering while preserving substantial areas of wooded `dry buildable' land as open space that might otherwise have become homesites. He pointed out that in all 7 lots, it would be reasonable to require any new construction to meet a 30' setback from the lot lines. With regard to accessory buildings, Gaffron suggested the Council determine a standard that could be put in place for this development concerning setbacks, buffers, etc. In addition, Gaffron stated that staff would recommend that no structures, no fences, no non - domestic animals (horses, sheep, chickens, etc..) no tree or vegetation removal except by specific permit for maintenance, no • excavating or earth movement, be allowed; except for the maintenance of walking paths, PAGE 12 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 • 7:00 o'clock p.m. (8. #04 -3016 HENRYLAZNIARZ OF WAYZATA DESIGNAND DEVELOPMENT, 120 BROWN ROAD SOUTH —PRD SUBDIVISION PRELIMINAR YPLA T, Continued) maintenance but not expansion of a small pedestrian bridge across the creek, and that only one trail access point to the Luce Line trail be allowed. In conclusion, Gaffron stated that staff would recommend approval of the proposed subdivision as a PRD, subject to the following general and specific conditions: 1) Acceptance of the proposed 7 -lot plat on 14 dry buildable acres and acceptance of the proposed lot sizes, configurations and setbacks; except that the areas shown on the preliminary plat drawing as "Proposed Conservation Easements" shall be platted as an Open Space Outlot for ownership by a homeowners association. Rear setbacks shall be re- established for the affected individual lots and depicted on a revised preliminary plat drawing to be provided by the applicant. 2) Applicant shall submit for Council review and acceptance a draft "Conservation Easement" specifying the proposed conditions and limitations to be placed on the Open Space Outlot. Such easement may include provisions for the existing wood creek crossing bridge to remain on the property and address potential liability issues for use, maintenance or replacement of such bridge. Such easement may include provisions for the construction of a private trail with no more than one connecting point to the Luce Line Trail, subject to approval of the MnDNR. • 3) All areas shown as wetlands on the preliminary plat drawing shall be subject to the standard Flowage and Conservation Easement. • 4) The PRD is subject to the standard Park Dedication Fee requirement. 5) Approval is subject to the standard Stormwater and Drainage Trunk Fee. 6) The portion of private road to be created on the property shall be within a platted outlot as shown on the preliminary plat drawing. The portion of private road to be created within easements extending to Brown Road South need not be platted as an outlot. Approval is subject to provision of the standard Road, Drainage and Utility Easements to be granted to the City over the new road outlot as well as over the 40' easement access to Brown Road. Applicant shall demonstrate to the satisfaction of the City Attorney that the 40' easement over the Dunn property and the adjoining 10' easement over Lot 1, Block 1, Kallestad Acres, are sufficient to provide the City with the intended underlying public ingress, egress, and access easements to ensure legal access of the public to all properties served by the private road. The developer shall establish the necessary road maintenance agreements, etc. to ensure that the private road will be maintained to reasonable standards at all times by the homeowner's association, and that failure of that private group to maintain their private road will be cause for the City to accomplish needed maintenance and to assess the benefited properties for the direct cost of such maintenance. 7) The private road shall be 28' paved width, not 24' as shown on preliminary plat drawing, and if feasible shall be centered on the 50' corridor established via outlot or easements for such use. PAGE 13 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. • (8. #04 -3016 HENRYLAZNIARZ OF WAYZATA DESIGNAND DEVELOPMENT, 120 BROWNROAD SOUTH —PRD SUBDIVISION PRELIMINARY PLAT, Continued) 8) Approval is subject to recommendation of City Engineer as noted in his comments dated 5/7/04, except that the 40' access corridor need not be platted as long as it is covered via the required easements. 9) Approval is subject to MCWD approval and permits as required. McMillan inquired whether there would be curb and gutter proposed for the roadway and driveways to direct stormwater runoff and whether it could begin 15 -20' inside the development. Tom Goodrum, the applicant's planning consultant, stated that they are proposing curb and gutter along the street to direct runoff towards the pond. White questioned whether streetlights were being proposed. Lazniarz, of Wayzata Design and Development, stated that they did not intend to install lights, which might disrupt the rural character of the area. McMillan pointed out that, having visited the site, the grades were not as steep as she had originally thought and now believed the sites to be conducive to walk -outs. She asked whether a 50' setback from the creek could be established on Lot 3. • Lazniarz felt this was acceptable. Gaffron asked if the Council would support the recommendation that no accessory structures fall within 50' of the rear lot line for lots 1, 2, or 3. The Council agreed, with Mayor Peterson suggesting that 30' side setbacks be the set standard as well. Goodrum agreed, but pointed out that 20' would be more desirable. Doug Franchot, 2010 Colin, located opposite the development on Brown Road, complimented the City and developer on this newly proposed subdivision as compared to those seen in the past. He asked whether the homesites would be buffered from the road. Lazniarz pointed out that the only home likely to be seen from Brown Road would be that on Lot 6. Franchot felt nice attention had been given to avoid unnecessary disruption and encouraged the City to be wary of elevations of finished homesites. Lazniarz stated that it was their intent to leave the rear 50' untouched and preserved in a conservation easement. Gaffron encouraged the Council to direct staff to draft a resolution for preliminary plan approval if • they could support the revised proposal. PAGE 14 of 19 MINUTES OF THE i ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. • (8. #04 -3016 HENRYLAZNIARZ OF WAYZATA DESIGNAND DEVELOPMENT, 120 BROWNROAD SOUTH - PRD SUBDIVISION PRELIMINARYPLA T, Continued) White moved to direct staff to draft a resolution to for preliminary plat approval as a PRD, subject to the general and specific conditions noted above as 1 -9. David McCuskey, 130 Brown Road South, voiced concern about the width of the roadway entering the development and how runoff would be directed away from his property. Lazniarz reiterated that curb and gutter would be used to direct runoff towards the pond. McCuskey felt a 24' wide roadway would suffice, as well as preserve trees on site. He was unsure whether curb and gutter would be the best answer for runoff in the future. McCuskey pointed out that a serpentine design might obscure views of Lot 6 altogether. Gaffron suggested the developer create a design of how the road might serpentine thru the development, depicting the trees to be preserved. While the City standard for new roadways is 28', Gaffron pointed out that the City has approved smaller roads in the past. While she liked the idea of a narrower roadway, McMillan stated that she did not wish to cause additional problems with regard to parking, safety, or plowing. Moorse pointed out that most all new subdivision roads are 28' wide. • Goodrum suggested a compromise, by creating a 24' wide entry to the subdivision which then is widened near the homesites to allow for ample parking. • Sansevere stated that this sounded like a good compromise. Sansevere seconded. VOTE: Ayes 4, Nays 0. *9. #04 -3019 WENDY SULLIVAN, 325 CRESTVIEW AVENUE — VARIANCE — RESOLUTION NO. 5203 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5203, a Resolution granting lot area/width and front and side yard setback variances for 325 Crestview Avenue. VOTE: Ayes 4, Nays 0. 10. #04 -3024 CITY OF ORONO, ZONING AMENDMENTS *a) ACCESSORY STRUCTURES ON THROUGH LOTS — ORDINANCE NO. 15,3 RD SERIES White moved, Sansevere seconded, to adopt ORDINANCE NO. 15, 3RD SERIES, amending Zoning Code Section 78 -1431 regarding conditional use permits on through lots. VOTE: Ayes 4, Nays 0. PAGE 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. (10. #04 -3024 CITY OF ORONO, ZONING AMENDMENTS, Continued) b) LARGE VEHICLE STORAGE Gaffron explained that the Planning Commission held a public hearing on whether it might be appropriate to amend the Ordinance regarding storage of large vehicles, with regards to lots of area 2 — 4.99 acres with pre- existing large vehicle storage situations. Mrs. Timm was present at the hearing and spoke regarding her plight. Gaffron stated that staff concurs with the Planning Commission's unanimous recommendation that the ordinance remain as is and not be amended, nor `grand- fathering' allowed, since impacts of large vehicles on 2 acre lots can be more than just visual. Sansevere questioned if the Timms had determined whether they might be able to move their driveway to the other side of their property. Gaffron stated that they have concluded that moving the driveway to the other side would not work; however, the Timms are considering putting in a parallel driveway on their property next to the existing one. Although he did believe many others were impacted by this new ordinance, Sansevere stated that he would prefer to grandfather some of these situations or consider them on a case -by -case basis. He was uncomfortable forcing these people with a pre - existing condition out of business with the new ordinance. He feared that the City was going out of its way to eliminate its working class people with this hasty ordinance. Gaffron pointed out that other concerns exist. White agreed that he was compelled to look at these situations on a case -by -case basis, since the City would be virtually eliminating this resident's way of living. While the neighbor has expressed his desire to pave the existing shared driveway, Sansevere noted that he had been hesitant to do so with the large vehicle traversing it. He reiterated that the Timm's situation and similar cases should be examined on a case -by -case basis and repeated the need for them to obtain driveway access on their own property. In order to be considerate neighbors, Sansevere recognized the need for the Timms to park their truck on the other side of their property. Gaffron stated that the City could give consideration to whether to make this a conditional use on properties under 5 acres. Moorse stated that this would have to be a condition afforded only pre- existing uses. He pointed out that, beyond visual, the noise and odors were the key issues. Gaffron pointed out that he could not support grandfathering, nor policing these exceptions. McMillan stated that she could see where each party was coming from with this situation and asked if this was a common ordinance. She observed that, as the rural character clashes with the newly suburban mix in Orono, the City will continue to struggle with these types of issues. PAGE 16 of 19 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. • (10. #04 -3024 CITY OF ORONO, ZONING AMENDMENTS, Continued b) LARGE VEHICLE STORAGE) Moorse pointed out that, if the City amended the acreage requirement, the Timms would be in compliance if they could relocate the driveway to their property. Sansevere reiterated his position that the Ordinance was too hastily put into place without adequate consideration of the impacts. He stated that whether other communities have these ordinances in place or not is inconsequential, since Orono is different than most other developed communities due to its rural character. White felt that allowing a conditional use permit to be granted on lots smaller than 2 -5 acres for pre - existing conditions made more sense to him than grandfathering the business. Gaffron stated that the Timms would have to file for a conditional use permit, pay the fees, and begin the process over in earnest with a new public hearing. Sansevere questioned how, in the meantime, the City could allow the Timms to continue. Moorse stated that, while they initiated the Conditional Use process, the City would need to amend the code to put in place standards to base a decision of whether a CUP was possible. Sansevere noted that the City has found itself in the middle of a neighborhood dispute. • Mayor Peterson questioned whether mediation might be appropriate. She suggested the Council table the Code Amendment in order to allow the City time to come up with a solution. Mayor Peterson moved, Sansevere seconded, to table the Proposed Zoning Code Amendment regarding large vehicle storage to allow staff additional time to investigate alternatives. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT Sansevere informed staff and the Council that a mini terrorist alert has been issued regarding lakes and rivers over the 4th of July Holiday Weekend. Mayor Peterson encouraged members to participate in the Park Survey distributed by Council member White. She also pointed out that the League of Minnesota Cities has instituted a membership fee increase. PUBLIC SERVICE DIRECTOR'S REPORT *11. PURCHASE OF BACKUP DIALER FOR SCADA SYSTEM White moved, Sansevere seconded, to approve the purchase of a backup dialer for the SCADA system from Automatic Systems Company, Roseville, Minnesota, in the amount of $7,798, to be funded from the 2004 Sewer Fund Budget, with approval of a budget . adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0 PAGE 17 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. *12. REQUEST FOR FINAL PAYMENT — BROWN ROAD NORTH/HOMESTEAD . SEWER PROJECT White moved, Sansevere seconded, to approve Request for Final Payment North Brown Road (Homestead) Sanitary Sewer Project to Red Pederson Utilities Inc. in the amount of $3,160.78. VOTE: Ayes 4, nays 0. (Item #13 Removed - Request for Final Payment County Road 19 Sidewalk Improvements) CITY ADMINISTRATOR'S REPORT (Item #14 Removed - Approval of Purchase of Software Licenses) 15. APPOINT PLANNING COMMISSION CHAIR McMillan moved, Mayor Peterson seconded, to appoint David Rahn as Planning Commission Chair and Cynthia Bremer as Vice -Chair to the Planning Commission.VOTE: Ayes 4, Nays 0. *16. NAVARRE FIRE STATION APPLICATION FOR PAYMENT NO.8 White moved, Sansevere seconded, to approve the Application and Certificate for Payment No. 8, in the amount of $28,722.00, to be paid from the Navarre Fire Station Construction Fund. VOTE: Ayes 4, Nays 0 40 17. WEST METRO DRUG TASK FORCE AGREEMENT AND BUDGET ADJUSTMENTS Administrator Moorse indicated that minor modifications to the language were necessary and requested Council table the item. Mayor Peterson moved, Sansevere seconded, to table discussion of the West Metro Drug task Force Agreement and Budget Adjustment until modifications to the language can be made. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT As Attorney Barrett was absent, there was no report. *18. LICENSES ONE DAY GAMBLING 1. Minnetonka Center for the Arts Raffle with Arts of the Garden Tour July 10, 2004, 9:00 a.m. — 3:00 p.m. White moved, Sansevere seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. • PAGE 18 of 19 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 7:00 o'clock p.m. *19. BILLS White moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Mayor Peterson moved, Sansevere seconded, to adjourn the Orono City Council Meeting of June 28, 2004 at 10:45 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 19 of 19 Barbara Peterson, Mayor