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HomeMy WebLinkAbout09-10-2007 Council Minutesi I { ,_ 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. ROLL • • The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, C�nthia Bremer, Lili McMillan, and David Rahn; City Attorney Soren Mattick; Representing Staff were City Administrator Ron Moorse, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis; City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meting to order at 7:00 'o'clock p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 15, 17, 18, and 19 were added to the Bremer moved, Rahn seconded, to approve Nays 0. . APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING Agenda. Consent Agenda as amended. VOTE: Ayes 5, AUGUST 27, 2007 Bremer moved, Rahn seconded, to approve the minutes of the August 27, 2007 Orono City Council meeting as submitted. VOTE: Ayes,i5, Nays 0. PRESENTATION 3. OATH OF OFFICE — POLICE City Administrator Ron Moorse administered and Fred Vargas. 4. INTRODUCTION OF SERGEANTS; Chief Correy Farniok introduced new Sergeants 5. FUNDING FOR GILLESPIE Donna Smith, Gillespie Center Advisory Counc the various local cities for the Gillespie Center F the Gillespie Center this past May and a second agreement. Smith reported the cities of Spring ] for the Gillespie Center. The Gillespie Center I residents who utilize the center and they have fc Lake, Shadywood Road, Saga Hill, and North S Smith noted approximately 20 Orono residents tonight's meeting. ERIC PIKE AND FRED VARGAS oath of office to newly hired police officers Eric Pike Boris and Tony Wittke. addressed the City Council regarding funding from lowment fund. The first mayors meeting was held at iyors meeting was held in July to draft a contractual k and Mound have agreed to increase their funding attempted to determine the number of Orono d that Navarre, Casco Point, Fagerness Point, Forest re Drive are areas that are served by the center. o utilize the Gillespie Center are in attendance at AGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7.00 o'clock p.m. (Funding for Gillespie Center, Continued) Smith stated the Gillespie Center is currently undergoing an intensive membership drive and that in their view it is the most prestigious senior community center in the Lake Minnetonka area. Ben Whithart, Executive Director of Senior Community Services and Gillespie Center Board Member, thanked the City Council for their past support of the Gillespie Center. Whithart requested the Council give conceptual approval to the center's growth and endowment plan and set aside the appropriate funding in the City's 2008 budget. At the end of ten years, the cities would no longer be asked for money if the center is able to obtain the necessary funding up front. Whithart stated the Gillespie Center does have a draft agreement prepared for Council review. White noted currently Orono pays approximately $18,000 to Senior Community Services. Whithart stated approximately $9,000 of the money from Orono goes towards direct staffing of the Gillespie Center and the remainder of the money goes toward transportation services, home delivered meals, and senior outreach programs. If Orono joins in the agreement with the neighboring cities, they would not be asking Orono to contribute that $9,000 in addition to the per capita amount. McMillan asked whether the Gillespie Center would be requesting the other $9,000. Whithart stated the $9,000 that is used to fund the home delivered meals and other services would still be requested from the City. Bremer asked if the amount the City would be contributing would be approximately the same as the $18,000. Whithart stated the amount the Gillespie Center is asking from the City of Orono is approximately $30,000, which would allow them to continue their services to the senior citizens of Orono as well as fund their endowment. Murphy stated he has no question in his mind that the activities the Gillespie Center performs is very well meaning and important to a number of people but that he has a couple of questions regarding the proposal. Murphy stated in his opinion the $6.00 per capita formula would appear to be a tax that the City would impose. Murphy noted the response to a questionnaire sent to the Gillespie Center regarding the Meals on Wheel program was that approximately nine Orono residents utilize that service and the response to the congregate dining center was approximately five. Murphy commented it appears that the majority of the people who receive services from the Gillespie Center live in the City of Mound and that he is struggling with the requested $30,000 contribution by the City of Orono given the very limited number of Orono residents who utilize the center. Murphy commented he was surprised over an article that appeared in the local newspaper concerning this proposal that indicated how the cities had been working on this for a number of months and how they were in support of the proposal. Murphy indicated it was his understanding the cities of Spring Park and Mound have not entered into an agreement with the center. • Smith stated they did approach each of the local cities at their council meetings and mailed each council • member a packet of information concerning the center's membership and finances. Smith noted a PAGE 2 r� C. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. (Funding for Gillespie Center, Continued) representative from the City of Orono was unabl Orono City Council members of the July 26h me in attendance due to a meeting conflict related to the Gillespie Center has tried hard to include the Murphy stated it is not a matter of the City not being presented in the newspaper is a slightly c Council tonight. Murphy indicated he is looki: Smith stated Spring Park and Mound have agree entire City of Orono in their proposal but only t the Gillespie Center. In the future the Gillespie city they reside in to help them identify the resi4 Whithart stated the congregate dining is a small attempting to get a better handle on where the r( the different activities they provide. McMillan acknowledged that Donna Smith and proposal and that the services the Gillespie Cen Orono. McMillan stated she does have a problc endowment fund for a senior center because in ] buildings that are city - owned. The minute the c precedent and it would be difficult to draw the 1 city asking for funding. Mayor White asked whether the facility was Mark Hanus, Mayor of Mound, stated it was not assistance that allowed them to be a tax- exempt Whithart stated the center was privately built wi grant development funds that were provided. In entirely funded by municipalities and he is not f in this area he is not aware of one city that is larl provides to its residents, and that they require a i sustain it. Whithart noted the building was essei requesting funding from the cities to help fund t] Rahn stated he looks at the amount of the contri the services and that it appears to be way out of that would change that opinion. to attend the May meeting and that she did inform the Ling and that again no one from the City of Orono was he City's police chief selection process. Smith stated ;ity of Orono in the process. ing included but that it appears to him that what is .erent story than what is being presented before the for a city that has agreed to this concept. to the concept. Smith noted they did not include the se areas of the city that currently utilize the services of enter will be asking the residents to identify which its of each city that utilize their center. of the services that are utilized and that they are are coming from that utilize their center for all number of individuals have worked hard on this provides are invaluable to some of the residents of philosophically asking the City to contribute to an r opinion the City should be funding their own public starts funding other centers, they start to set a e in the future when other organizations approach the through a tax- exempt bond. through the city but that the city offered some ion and facility. donated funds and there were some community block .e state of Minnesota, senior centers are almost dliar with any county funded centers. Whithart stated enough to fund a senior center and the services that it mber of cities to contribute to the center to help ally paid for with private donations and that they are it services in the future. versus the number of Orono residents that utilize tion and that he has not heard anything tonight Smith stated she met last Thursday with City Administrator Ron Moorse and they discussed a number of • items. Smith stated the City of Orono's newsletter could contain a little section on the Gillespie Center with a number they could call to obtain additional information and that the number of members would AGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. (Funding for Gillespie Center, Continued) increase once more people become aware of their services. Smith requested the City Council give serious consideration to their request. Bremer inquired about whether the Cities of Independence and St. Bonifacious have agreed to the plan. Smith stated they would be meeting with the City of Independence at their council meeting tomorrow night and that Independence did attend the meetings in May and July. Smith noted Independence is being asked to contribute $3 per resident and that the amount the Gillespie Center is requesting from Orono would amount to approximately .50 cents per month per resident. Dave Osmek, Mound City Council Member, noted the City of Orono is already contributing to the Gillespie Center and that this would not create a precedent. A portion of the money would go towards the cost of the building but that there is no way each of the cities in this area could afford to fund a senior center. Osmek noted there are certain thresholds that the Gillespie Center has to reach as it relates to their fundraising and that once the center reaches the required three million dollar mark, the cities would no longer be required to contribute. Osmek stated this is not a one -time problem but something that will occur on a yearly basis and that this is a problem that requires a solution. This proposal gives the Gillespie Center a stable mechanism to fund their services. Osmek requested the City Council take a hard look at the proposal, which would help to solve the problem. • Bremer inquired if only half of the cities committed to this plan, what the outcome would be. • Osmek stated it would not allow the Gillespie Center the ability to reach the point that they need to sustain the center in the long -term and it would not help resolve the funding issues. Osmek stated in his opinion the funding cannot be placed on just one city. Osmek noted the City of Mound has already allocated the money for the center in its 2008 budget. Bremer inquired what stance the City of St. Bonifacious has taken on this matter. Osmek indicated St. Bonifacious has not taken a formal vote on it at this point. Smith indicated she did speak with the City of St. Bonifacious today and that they will be re- appearing before their city council again. Smith stated in her view they will be supportive of the plan. Murphy asked what the other cities are contributing versus the City of Orono's contribution. Whithart stated the other cities do not contribute as much. Whithart noted at one point the City of Mound was contributing up to $50,000 but that their contribution has been reduced over the years. Hanus stated annual contributions in cash and in kind contributions are around $14,000. Murphy stated he would like to leave out the in kind contributions. Whithart stated Mound contributes approximately $4,500; Spring Park contributes approximately $4,500; and Independence currently contributes funds to the Delano Center. Whithart stated when the . PAGE 4 r� U • ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. (Funding for Gillespie Center, Continued) CDBG funding was switched to a consolidated for the senior center program. Moorse pointed out a portion of Orono's Murphy stated it is important for everyone to un they would still be contributing the $18,000. Mi population of 5000, which would include two -th to $30,000 would cover 10,000 people. Murphy substantial amount of money to the center. White stated he does not have a philosophical pi city supports their senior citizens. White concur time to fund a senior center entirely and that the White stated the City of Orono would be voting t which includes a $1000 increase in the amount o: City's priorities at this point are to hire a fire chi( city's failing lift stations, and to fund the paving not have a big commercial base and that the majc indicated he would like to work with the Gillespi City could afford more than the $19,000 that it is White noted the City started its budget process la other options to help the Gillespie Center. Murphy requested the Gillespie Center keep the other cities. White commented he would like to look at ways 1 the center. Whithart stated they will continue to work on this Whithart stated they welcome any help the City c An Orono resident in attendance stated she admin opinion there are more than nine people from Oro McMillan noted the City of Orono would be conti Center as well as an additional $1000 in 2008. The City Council took no formal action on this ite i PLANNNG COMMISSION COMMENTS — T: they saw a big drop -off in the amount of funding was CDBG funds but the majority of it was not. tand that if the city would say no to this proposal, y noted the $30,000 is based on an estimated of the population of Orono. A $3 contribution up ed in his opinion the City of Orono is contributing a 'm with supporting senior citizens and that every that Orono does not have the capacity at the present ter's approach is novel to resolving the situation. night on their preliminary 2008 tax levy and budget, funding to the Gillespie Center. White stated the an additional city planner, to replace some of the f the city streets and sewers. White stated Orono does ity of the tax increases go to the homeowners. White Center on this issue but that he does not see how the villing to contribute to the Gillespie Center in 2008. t year and that in the meantime the City would look at of Orono informed on the progress made with the leverage other state and county funds to help fund issue and would be back before the Council next year. iuld give the Gillespie Center. xs the Meals on Wheels program and that in her who utilize the Meals on Wheels program. to contribute the $18,000 a year to the Gillespie RICE • Rice stated she had nothing to report but would bJ available for questions. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. �J PUBLIC COMMENTS Gretchen Menzel, President of the Local Chapter of Crime Prevention, noted they will be hosting their second Belgian Waffle fundraiser on September 23 from 9:00 to 1:00 at Presbyterian Calvary Church. Menzel stated last year the funds raised went to purchase defibrillators for the police department. This year there will also be a silent auction. McMillan requested information on the Belgium Waffle fundraiser be distributed on the City's listserv. Mike Russin, 3175 North Shore Drive, stated he has resided in the City of Orono for the last 14 years and that for the last 10 or 11 years they have lived next door to a resident that has stalked and harassed them endlessly. Russin indicated the police department has done very little to resolve the situation and that they have been told time and time again that they are assuming this individual is dangerous. Russin stated this individual has broken into someone's house and assaulted the woman resident for several hours, has committed various other incidents, and that every evening this individual shines floodlights into his six -year old daughter's bedroom. Russin stated he is now being told that the police department will not be coming out any more to investigate. White stated the City has prosecuted this matter and has received an order from the court and that the order basically states the court was unable to determine the facts with the same degree of certainty that Mr. Russin has given to the council tonight. White stated it is difficult for the City Council to take sides and that the city attorney has indicated he cannot deal with this situation further since the evidence is not clear on who is at fault. 0 Russin stated he is in possession of two different court documents with two different stories from this individual. White stated the city attorney has recommended that if the City determines further legal action is warranted, an independent prosecutor should look at this matter. ZONING ADMINISTRATOR'S REPORT *6. #06 -3208 RYAN COMPANIES US, INC., 430/450 OLD CRYSTAL BAY ROAD NORTH AND 2725/2765 WAYZATA BOULEVARD WEST — PRELIMINARY PLAT EXTENSION — RESOLUTION NO. 5654 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5654, a Resolution Granting a One - Year Extension to the Effective Period of Preliminary Plat Approval Established Per Resolution No. 5504. VOTE: Ayes 5, Nays 0. *7. #06 -3218 JULIE MORISON -ARNE AND BRIAN ARNE,130 MANOR CIRCLE AND KERRY AND KIANN NASSAUER,145 MANOR CIRCLE — STREET AND EASEMENT VACATION AND RE -PLAT — REVISED VACATION RESOLUTION NO. 5655 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5655, a Resolution Vacating the • Dedicated Public Road Shown as Manor Circle within the Plat of Countryside Manor 2nd PAGE 6 • .7 • MINUTES OF THE ORONO CITY :!COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. ( #06 -3218 Julie Morison -Arne, Continued) Addition in the City of Orono, Hennepin Con. Easements within Lot 1, Block 1,. and Lot 1, B VOTE: Ayes 5, Nays 0. 8. #06 -3243 RICHARD MARZAN, 2795 PERMIT AND VARIANCES — RESOLUTIC Richard Marzan, Applicant, and Stephen The applicant distributed colored plans of their Turner stated the applicant is requesting a cond lakeshore setback, a hardcover variance for the zone, and a variance to permit intensive vegeta This property contains a very steep and unstable to bottom. The vegetation removal variance wol property to be cleared of weeds and scrub trees would extend about ten feet back toward the hoL slope. The property has a non - conforming 180 shelf. A short section of retaining wall holds bay patio would replace, relocate and expand the lak replace the wall and extend it to the west past thi feet west of the steps. Two 2 -foot by 2 -foot by moor the deck. Minnesota, and Vacating Drainage and Utility 2, Countryside Manor 2 °d Addition. ROAD — CONDITIONAL USE NO. 5656 Landscape architect, were present. ial use permit for retaining walls within the 75 foot ining walls and a patio and pier within the 0 -75 foot removal within the 0 -75 foot zone. keshore shore that is approximately 24 feet from top I allow the unstable steep lakeshore slope on the I replanted with native plant material. The planting from the top of the slope. This would stabilize the are foot on grade lakeshore deck on a small lakeside the slope adjacent to part of this shelf. The proposed lore deck. The proposed retaining walls would teps. The shelf would be enlarged by about 32 square got high piers would be placed at the lakeshore to At its August meeting the Planning Commission voted 3 to 1 to recommend denial of the hardcover and lakeshore setback variances for the patio, deck, and second pier. The proposal has been revised to delete the deck. The patio has been reconfigured Viand reduced in size to 280 square feet. The second pier remains. In addition, the Planning Commission recommended approval of the vegetation removal variance subject to modification of the replanting plan to address the City Engineer's comments. The applicant has revised the planting plan to address the City Engineer's comments. The slope is proposed to be planted in native prairie plants. Plantings on the flat area at the top of the slope would be native shrubs. Perennials would be planted along the lake edge of the lakeside shelf. The Planning Commission also recommended ap 'roval of a conditional use permit and associated hardcover to allow only reconstruction of the existing block retaining wall. The length of the proposed retaining wall has been reduced. Two sections of retaining wall are proposed adjacent to the new stairs. Two large spruce trees will have to be removed but the retaining wall sections would allow two significant trees to be preserved. I Mastey addressed the City Council regarding their project, noting that they would like to remove the invasive vegetation and replace it with some native plantings. Mastey stated they have brought in PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. ( #06 -3243 Richard Marzan, 2795 Pheasant Road, Continued) experts who are used to dealing with this type of slope and will help them stabilize this bank. What they are proposing will be successful in a short period of time and complies with the City's ordinances. Mastey stated one of the big issues that the property owner has been facing is the different contours to the land. A rain garden is proposed for the east corner of the property. The adjoining property owner has a concern that the scouring of the land will gradually continue onto his property and the rain garden they are proposing will help to correct that situation. In addition, an erosion control blanket and log rolls would be utilized. Mastey described the process that they would follow in re- vegetating the slope. Mastey stated the property owner currently has approximately 430 square feet of usable space in the area of the lakeshore and that they are proposing a little sea wall along the lakeshore and a three -foot band of black -eyed Susans. Mastey stated the sea wall would act as a buffer against the waves of the lake and the ice. The pier system they are proposing would help to anchor the dock. Rahn inquired whether the city engineer has reviewed the latest plans. Kellogg indicated he has not. Kellogg stated on the previous grading plan it was difficult to determine the height of the retaining wall and that it was stated if the wall exceeds four feet in height, it would need to be engineered. is Marzan indicated they inherited this problem and that both of his neighbors have cut their hillsides • down, which caused this problem. Marzan commented the plan they are proposing comes as close as possible to the City's ordinances and is visually appealing. Marzan stated due to the boat traffic and waves on the lake, their current dock is being moved routinely and this system would help make -it more stabilized. White inquired whether there would be any grading within the 0 -75 foot zone. Mastey stated they would have to grade within the 0 -75 foot zone. Mastey stated the problem they have is that the existing stairs do not comply with building codes and that in order to make the steps comply with code, they would need to do some grading. Mastey indicated a couple of Colorado blue spruces would need to be removed as part of the project. McMillan inquired whether the trees are located within the 0 -75 zone. Mastey stated they are but they would be considered nonnative trees. Turner noted seven other significant trees would remain. Mastey indicated they actually are removing five trees but they are nonnative trees and are diseased and not thriving. Marzan pointed out on the plan the trees that they would like to save. • PAGE 8 • • MINf7TES OF THE ORONO CITYJ'COUNCIL MEETING Monday, September 10, 2007 7:00 'clock p.m. ( #06 -3243 Richard Marzan, 2795 Pheasant McMillan stated she would like to ensure that as it relates to tree removal. Continued) applicant is following the code in the 0 -75 foot zone Bremer commented she likes the native grasses 'and the recommendation of the Planning Commission. Bremer stated she would not be supportive of the monuments or gates in the 0 -75 foot zone. Mastey stated if you have a drop that is greater than 30 inches or more, a fence is required, and a gate would be in line with most exterior walls. The gate helps prevent the applicant's small children from accessing the lakeshore. White stated there is no way the council would approve the monuments and gate. Marzan stated in his view he is comfortable with! what they are proposing and that some of what they are proposing is for the safety of their children. Marzan stated he did already remove a boathouse that was located down by the lakeshore. Marzan inquired whether they would be allowed to install something at the top of the stairs to prevent the children from going down the stairs. Murphy stated in his opinion the wildflowers go*' g down the slope is a great change from what currently exists. Marzan stated they have made every attempt to c a Rahn stated in his view this is a great plan. width. Mastey stated they are four feet in width. Rahn indicated he would not be in favor of the m reduced to the 180 square feet that currently exist Mastey stated what currently exists is 430 square Marzan stated they do not have any room to store Rahn noted there is a portion that is flat that coul( in favor of allowing what currently exists. Marzan stated he would like to have all stone dov Rahn pointed out the 30 -inch rule would not appl i White commented in his view this project would relatively low maintenance. with the City's Code at great expense. inquired whether the limestone stairs are four feet in or gate and that he would like to see the deck their dock and equipment. accommodate patio chairs but that he would only be at the bottom to help him maintain the lakeshore to the stairs down to the lake. to increase the value of the property and would be PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. • ( #06 -3243 Richard Marzan, 2795 Pheasant Road, Continued) Murphy stated he likes the wildflowers and the wall and reconstruction of the stairs. Murphy stated he would not be in favor of the monuments and that he would like to see the deck reduced to 180 square feet. Marzan inquired whether they would be able to put something at the top of the stairs to prevent the children from accessing the stairway. McMillan suggested it be something that could be removed in perhaps five years or so once the children are older. Rahn moved, Murphy seconded, to approve the vegetation removal variance, the conditional use permit, and hardcover variance to allow for reconstruction of the stairs, subject to the condition that the hardcover not exceed the existing 180 square feet, subject to the monuments being removed, and with the applicant being allowed to construct some type of structure at the top of the stairs to prevent children from accessing the stairway. VOTE: Ayes 5, Nays 0. Turner stated the resolution before the Council only approves the vegetation removal and that Staff would need to draft a resolution approving the other items. Murphy moved, Bremer seconded, to reconsider the last motion. VOTE: Ayes 5, Nays 0. • Rahn moved, Murphy seconded, to adopt RESOLUTION NO. 5656, a Resolution granting intensive vegetation removal within the 0 -75 foot zone, and to direct Staff to draft a resolution approving the hardcover variance and the gate at the top of the stairs. VOTE: Ayes 5, Nays 0. *9. #07 -3291 ED COX ON BEHALF OF PAUL & LAURA EKHOLM, 2606 WEST LAFAYETTE ROAD — AMENDMENT — RESOLUTION No. 5657 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5657, a Resolution Amending Resolution No. 5629. VOTE: Ayes 5, Nays 0. (Recess taken at 8:55 p.m. — 9:02 p.m.) 10. #07 -3293 GEORGE STICKNEY ON BEHALF OF BRUCE PADDOCK, 1500 BRACKETTS POINT ROAD — VARIANCE George Stickney, Applicant, was present. Turner stated the applicant is requesting a hardcover variance to allow 27 percent hardcover in the 75- 250 foot zone to provide for construction of a replacement residence. The Planning Commission voted 4 to 0 to recommend approval, subject to the courtyard between the • garages being paved with a permeable material. PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. ( #07 -3293 George Stickney, 1500 Bracketts Pint Road, Continued) Staff recommends the amount of the hardcover be reduced by narrowing the driveway and shifting the house and that the island in the driveway be a rain garden. Stickney stated their original proposal requested 31 percent hardcover, which had Staff's approval, but that they have since reduced the hardcover down'to 27 percent. Stickney stated under Orono's Codes, this lot is allowed a lot less hardcover than what would be allowed in another city. Stickney stated as a taxpayer in Orono, the regulations governing 0 -75 foot zone are severe and negatively impacts the value of the property. Stickney stated if the regulations are modified slightly, it would help to increase the value of the properties which would help to generate more income for the city. McMillan asked whether Mr. Stickney prefers the' more natural lakeshore or the more developed lakeshore that exists in other cities. Stickney commented there are a number of properties located on the lake that are for sale and that the regulations governing the 0 -75 foot zone could be lessened slightly, which would, in all likelihood, generate a half a million dollars in increased property values. • McMillan noted the City of Orono follows the DNR's recommendations for lakeshore and that the lake is worth protecting as much as possible. Murphy stated in his opinion the City's regulations governing the 0 -75 foot zone are a perfect way to manage the Lakeshore and has helped to eliminate the issues that other lakeshore cities are currently facing. Murphy commented on lakeshore lots, a number of issues need to be taken into account prior to approving an application. I Murphy inquired whether the driveway should be widened to accommodate emergency vehicles. Bremer stated the Council had requested the roadway be widened and not the driveway. Bremer indicated she is not in support of the 27 percent hardcover and that it comes down to design. Bremer stated given the size of the house and the lot, the hardcover could be reduced down to 25 percent. McMillan stated she also is not in support of the hardcover request given the size of the lot and the size of the house. McMillan stated the property could be put to reasonable use without the variance. White indicated he also is not in favor of the hardcover variance. Stickney noted a considerable amount of hardcover is required for the driveway and roadway and that they have agreed to construct the courtyard area between the garages out of pervious pavers. Stickney stated this is not an exorbitant amount of hardcovIer for the lot. Charlie Hainsworth, Builder, stated the shape of the lot is unique and does create a hardship. Hainsworth stated the extra two percent makes the plan workable and that they will be removing a great • deal of hardcover that currently exists within the 0 -75 foot zone. I I PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. • ( #07 -3293 George Stickney, 1500 Bracketts Point Road, Continued) McMillan noted this is a large peninsula and that the hardcover could be reduced further. Stickney stated the bluff would be preserved and that they are not creating a hardship to the land by having the additional two percent of hardcover. Stickney noted 1000 square feet of the property is unuseable. Rahn stated it was his understanding that the Council had indicated at a previous meeting that they were not in favor of a hardcover variance. Murphy inquired what the structural coverage is on the lot: Gaffron noted the lot is over two acres so the structural coverage is irrelevant. Gaffron stated the structural coverage would be approximately 10 percent. Murphy suggested the applicant consider tabling the application and reducing the hardcover by two percent. Stickney requested the Council vote on his application tonight. Bremer moved, McMillan seconded, to deny Application #07 -3293, George Stickney on behalf of Bruce Paddock, 1500 Bracketts Point Road. VOTE: Ayes 4, Nays 1, Murphy Opposed. • 11. #07 -3298 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST — GENERAL DEVELOPMENT PLAN AND FINAL PLAT, RPUD REZONING, CMP AMENDMENT, DEVELOPMENT AGREEMENT — FINAL DOCUMENTS REVIEW David Carlson, WBW, LLC, and Steve Johnston, Landform, were present. Gaffron stated this application is before the Council tonight to review the draft approval documents and to discuss with Staff and the applicant any remaining issues or topics that should be addressed. Because all items required for final plat approval have not been completed as of this writing, Staff recommends tabling the application. Gaffron noted they are waiting for approval from the City of Wayzata for the utility lines and services and Mn/DOT approvals. The applicants are working toward completion of the required submittals for general development plan approval and final plat approval. The application also requires a rezoning ordinance as well as adoption of the comp plan amendment approved by Metropolitan Council in May 2007. The applicants' attorney has provided draft easement and covenant documents and the applicant has provided three sets of revised plans in response to City Engineer's comments, DNR comments and MnDOT comments. Gaffron indicated the items that are outstanding are minor but that staff recommends tabling the application to allow completion of the punch list items and that it is likely this item would be on the Consent Agenda at the next council meeting. • PAGE 12 • ORONO CITY Monday, S 7:00 ( #07 -3298 875 WBW, LLC, Continued) Murphy inquired whether the city engineer is of Kellogg indicated they have reviewed the plans as Wayzata gives their approval, they are fine w Murphy asked if the sewer and water pipes wou Kellogg stated they would be. Moorse stated he did meet with a representative for the City Council workshop tomorrow night. Johnston noted they have revised their plans to i stated one issue they have a concern with is the the city engineer is that the material be granular the two types of material. Johnston stated he is pursue. 'ES OF THE ;OUNCIL MEETING ptember 10, 2007 'clock p.m. with the design that has been submitted. i submitted their comments. Kellogg stated as long what has been proposed. d be sized to accommodate the Montessori School. Wayzata today and that the item is on the agenda 'tlect sewer and water coming from Wayzata. Johnston naterial underneath the pipe. The recommendation of I nd that there is a considerable cost difference between ondering whether there are any options that they could Kellogg stated they have reviewed three different reports from Braun Intertec, with each report saying a different thing. The third report said if material could be found that is within three percent of the • optimum moisture level, that that would be acceptable as backfill material. Since the project would be started this fall, it would be difficult to find that type of material, and given the fact that things get wet in the fall and do not dry out, the fact that there would be a road constructed over the pipes, it creates a risk that the City may not want to take in this instance. • Johnston stated this issue arose because they are Long Lake and they have to cross this area that h importing some soils to the site and that with the Department, they would like to reserve a decisiox opened up and they can visually view the soils. 1 White commented it is a significant cost item. W applicant would be acceptable. Kellogg stated they might be faced with a of the project. Kellogg stated based on his percent. Johnston stated they are not opposed to spending the opportunity to inspect the soils. Kellogg stated this section of the project would e, project is completed and that it would then be the Kellogg indicated he would be willing to meet on Works Department upon review of the soils. btaining sewer and water from Wayzata rather than s bad soils. Johnston indicated they would be oversight of the City Engineer and the Public Works on the material used in that area until the area is inquired whether the option proposed by the where they would have to micromanage that portion ice, it is unlikely that the soils would meet the three extra money if necessary but that they would like .sally become the property of the city once the ,'s responsibility to maintain the roadway. site and make a joint decision with the Public PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. ( #07 -3298 875 WBW, LLC, Continued) Johnston indicated the agreements have been drafted and executed and would be turned into the City tomorrow. Johnston inquired who the easements should be granted to. Gaffron stated the road drainage and utility easements should be granted to the city. Johnston stated the conservation easement still needs to be drafted and asked whether the city drafts the conservation easement or whether they should. Gaffron stated the City does not have any standard language for conservation easements. Johnston submitted a sketch depicting the conservation easement portions of the project. Gaffron suggested the applicant and Staff work together on the appropriate language for the conservation easement. Johnston inquired whether the amount of the letter of credit could be reduced. Kellogg stated Staff would like to look at all three bids that they received to determine the appropriate amount of the letter of credit. Johnston noted they have received approval from the Watershed District. Carlson stated his attorney is reviewing the language regarding the release of the letter of credit. Gaffron recommended the applicants' attorney speak with the City Attorney on that matter. Mattick stated the City does have some standard language that it uses that could be provided to the applicant. Bremer moved, Rahn seconded, to table Application #07 -3298, 875 WBW, LLC, 875 Wayzata Boulevard West — General Development Plan and Final Plat, RPUD Rezoning, CMP Amendment, Development Agreement — Final Documents Review. VOTE: Ayes 5, Nays 0. *12. #07 -3307 STEINER AND KOPPELMAN ON BEHALF OF DEAN AND KELLY LEISCHOW,1200 OLD CRYSTAL BAY ROAD SOUTH — CONDITIONAL USE PERMIT — RESOLUTION NO. 5658 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5658, a Resolution Granting a Conditional Use Permit for the property located at 1200 Old Crystal Bay Road. VOTE: Ayes 5, Nays 0. PAGE 14 • • ORONO CITY Monday, S is 7:00,, • • MAYOR/COUNCIL REPORT McMillan recommended the letter from the session. Murphy commented they are making good Minnehaha Steamboat to Big Island. White reported at the October meeting of the going to be voted as "The Lakeshore Steward CITY ENGINEER'S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR'S REPORT 13. ADVERTISE FOR IT POSITION Moorse noted the money for a part-time IT p City has been using a consultant four hours a 'ES OF THE :OUNCIL MEETING ptember 10, 2007 'clock p.m. of Tonka Bay be discussed at the Council work on getting the word out about the running of the iaha Creek Watershed District the City of Orono is Lake." i was budgeted for in 2007. Moorse indicated the to give the City an idea of what its needs are. Rahn expressed some surprise that an IT person is required for 20 hours a week. Moorse stated the hours spent so far by the IT pe networking issues. Rahn stated he is familiar with another city that i month. have addressed troubleshooting issues and the services of an IT person for 10 hours a Curtis pointed out the police department requires' a considerable number of IT hours and that the City as a whole has not had an IT person maintain their computers for a number of years. Rahn inquired what other options were discussed' at the time this was originally approved. Moorse stated Staff did speak with a number of other cities about what IT services they have utilized both in -house and outsourced. Moorse stated in his opinion the number of hours are not excessive. Bremer moved, Murphy seconded, to approvJthe initiation of a hiring process for a part -time IT Jtechnician. VOTE: Ayes 5, Nays 0. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. 14. ADOPT PRELIMINARY 2008 TAX LEVY AND BUDGET — RESOLUTION NOS. 5659 and 5660 White noted the City's 2008 tax levy and budget would be finalized in December. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5659, a Resolution Adopting the Proposed 2007 Tax Levy Collectible in 2008. VOTE: Ayes 5, Nays 0. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5660, a Resolution to Adopt the Proposed 2008 General Fund Budget. VOTE: Ayes 5, Nays 0. *15. SELECTION OF DATES FOR TRUTH IN TAXATION HEARINGS Bremer moved, Rahn seconded, to set the Truth in Taxation Initial Hearing for 6:30 p.m., Monday, December 3, and the Continuation or Subsequent Hearing for 7:00 p.m., Monday, December 10, 2007, with both hearings to be held in the Council Chambers. VOTE: Ayes 5, Nays 0. 16. BIG ISLAND DOCK FUNDING — RESOLUTION NO. 5661 • Murphy stated it is his understanding that the dock would be open to the public and that special care • should be taken to draft appropriate language to ensure that the dock is open to accommodate the Minnehaha Steamboat. McMillan inquired whether there are two docks. Murphy indicated there are four docks. White stated the docks would be fastened to cement anchors that can be unhooked every year to allow the dock to be brought up on shore every year. Bremer suggested the language, "Whereas, the installation of a dock would also accommodate general public to have access to the Big Island Park. Moorse asked whether the title should be amended to read "to accommodate the Minnehaha Steamboat and to provide for public access." Bremer stated the words "to accommodate" are probably not necessary. White requested the City Administrator make those changes. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5661, a Resolution Supporting a Request for Funding from Hennepin County for a Dock System at Big Island Park to Accommodate the Minnehaha Steamboat, with the resolution being amended as discussed. VOTE: Ayes 5, Nays 0. 0 PAGE 16 I MINUTES OF THE ORONO CITY�COUNCIL MEETING Monday, September 10, 2007 • 7:00 1 o 'clock p.m. • • *17. JOINT UTILITIES AGREEMENT Bremer moved, Rahn seconded, to adopt I Joint Utilities Agreement with Long Lake. *18. COUNTY ROAD 15 Bremer moved, Rahn seconded, to approve County Road 15 project, in the amount of 3 reflect the portion of the costs that can be fl Nays 0. *19. LIQUIDATION OF DWI Bremer moved, Rahn seconded, to approve Sunfire through the Minneapolis Auto Aucl 20. Mn/DOT MUNICIPAL NO. 5663 McMillan questioned whether the sentence "the provided" is required. McMillan stated it is her whether they would proceed forward with the pi LONG LAKE — RESOLUTION NO. 5662 UTION NO. 5662, a Resolution Approving a Ayes 5, Nays 0. PROJECT INVOICE payment of Orono's share of the costs of the 12.70, and to amend the MSA Fund budget to �d through the MSA Fund. VOTE: Ayes 5, VEHICLES to sale of a 1995 Dodge Dakota and a 1997 Pontiac nI. VOTE: Ayes 5, Nays 0. T FUNDING APPLICATION — RESOLUTION Moorse stated that language is included because ] will complete the project if funding is approved. Murphy pointed out this is the first step that the eligible for funding consideration in 2009. White suggested using the language "If the City complete the project." ity will complete the project if Mn/DOT funding is iderstanding the City has not determined at this point ect. requires a commitment by the City that they needs to complete to make sure that they are the funding from Mn/DOT, the City would Mattick stated the amendment to the resolution is 'appropriate. Bremer moved, Murphy seconded, to adopt R Funding Through Mn/DOT's FY 2009 Munici Boulevard Traffic Management Project, with i by the City, the City will complete the project. ;OLUTION NO. 5663, a Resolution Requesting I Agreement Program for the TH 12/Wayzata amended language, "if the funding is accepted VOTE: Ayes 5, Nays 0. PAGE 17 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o'clock p.m. 20A. MILL AND OVERLAY PROJECT FOR WEBBER HILLS ROAD AND SHEVLIN DRIVE McMillan moved, Rahn seconded, to approve the mill and overlay project for Webber Hills Road and Shevlin Drive, to be completed by Knife River Bituminous at a cost not to exceed $82,000. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick inquired when the Council would like the neighbors meeting held on the Hollander matter. White suggested the City delay the neighborhood meeting until they receive the information from the county attorney concerning the county's property livability strategies. *21. LICENSES & PERMITS There were licenses or permit applications. *22. BILLS Bremer moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Bremer seconded, to adjourn the meeting at 10:10 p.m. VOTE: Ayes 5, Nays 0. There being no further business to discuss, the meeting was adjourned. ATT ST: Lin a S. Vee, City Clerk PAGE 18 rya, /;1 - GA/Xt�g— ame M. White, Mayor is •