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HomeMy WebLinkAbout12-12-2005 Council Minutes` I I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock�p.m. ROLL The Council met on the above - mentioned date with Peterson; Council Members Bob Sansevere, Jim Mi Tom Barrett. Representing Staff were City Admini Engineer Tom Kellogg, Public Services Director G Peterson called the meeting to order at 7:05 p.m., ft CONSENT AGENDA 1. APPROVE /AMEND Items 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, Murphy moved, Sansevere seconded, to Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL 0 Murphy moved, Sansevere seconded, to app of November 28, 2005, as submitted. VOTE: •following members present: Mayor Barbara iy, Jim White, and Lili McMillan; City Attorney for Ron Moorse, Planning Director Mike Gaffron; Gappa, and Recorder Jackie Young. Mayor wed by the Pledge of Allegiance. 22 were added to the Consent Agenda. the Consent Agenda as amended. VOTE: Ayes 5, !I fG OF NOVEMBER 28, 2005 the minutes of the Regular City Council meeting s 5, Nays 0. . - . i *3. TRUTH IN TAXATION HEARING OF DECEMBER 5, 2005 Murphy moved, Sansevere seconded, to approve the minutes of the Truth in Taxation Hearing of December 5, 2005, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARING — 7:00 P.M. 4. 2006 LEVY ADOPTION HEARING — ADOPTION OF 2006 BUDGET AND TAX LEVY Mayor Peterson opened the public hearing at 7:06 p.m. Moorse stated this is the City's budget adoption hearing for 2006, with the truth in taxation hearing held on December 5`h. Moorse stated basically the major portion of the 2006 budget is to re- establish funding levels for both short-term and long -term capital improvements, particularly street repairs and utility upgrades. Moorse stated the City's tax capacity has been increasing very rapidly, with the City experiencing a 16.65 percent increase in its tax base this year. Moorse noted the City's tax rate is decreasing from 16.22 percent to 15.72 percent. 1 Mayor Peterson closed the public hearing at 7:08 PAGE 1 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (4. 2006LEVYADOPTIONHEARING, Continued) a. ADOPT FINAL 2005 LEVY COLLECTIBLE IN 2006 — RESOLUTION NO. 5407 Sansevere moved, White seconded, to adopt RESOLUTION NO. 5407, a Resolution Adopting the Final 2005 Tax Levy Collectible in 2006. VOTE: Ayes 5, Nays 0. b. ADOPT 2006 GENERAL FUND BUDGET — RESOLUTION NO. 5408 White moved, McMillan seconded, to adopt RESOLUTION NO. 5408, a Resolution to Adopt the 2006 General Fund Budget. VOTE: Ayes 5, Nays 0. C. ADOPT THE 2006 SPECIAL REVENUE FUNDS BUDGETS — RESOLUTION NO. 5409 Murphy moved, Peterson seconded, to adopt RESOLUTION NO. 5409, a Resolution Approving the 2006 Special Revenue Fund Budgets. VOTE: Ayes 5, Nays 0. (The City Council recessed at 7:12 p.m.) (The City Council reconvened at 7:13 p.m.) PARK COMMISSION COMMENTS — JEFF SODERSTROM, REPRESENTATIVE Soderstrom stated he has nothing to report. PLANNING COMMISSION COMMENTS — ROLAND JURGENS, REPRESENTATIVE Jurgens stated he does not have anything to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 5. CHARLIE JAMES, 425 OLD CRYSTAL BAY ROAD NORTH — REQUEST FOR LAND ALTERATION PERMIT FOR TOPSOIL STRIPPING /STOCKPILING Todd Planting, Ames Construction, was present. Gaffron stated the City Council discussed at the November 28`h meeting a request by Ames Construction for land alteration to allow topsoil stripping and stockpiling at the James Property located at 425 Old Crystal Bay Road North. At that time the Council raised some concerns regarding the impact to the neighboring properties and the need for additional documentation. Gaffron noted the applicant has provided the additional information last Friday and the neighboring property owners have been contacted regarding this application. Gaffron noted the City Engineer has reviewed the information and has provided comments. Gaffron stated the application has been revised, with the applicant now proposing to strip the topsoil only from the south portion of the site, which is to be completed in January and February. The remainder of PAGE 2 of 20 • • MINUTES OF TBE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (5. CHARLIE JAMES, 425 OLD CRYSTAL!BAYROAD NORTH, Continued) the topsoil stripping on the rest of the parcel would, occur in February. The applicant is proposing to haul in 25,000 cubic yards excavated from the area south of the cemetery in Long Lake to enable a key element of the Highway 12.project to remain on schedule. Gaffron stated in order to -properly handle a large volume of stonnwater drainage coming from Orono's industrial'area and the StoneBay development, a large pond is being constructed just east of the Morrie's site. This pond is planned to outlet into a storm sewer line that takes the stormwater to the east through a series of ponds and into Long Lake. The storm sewer line was initially planned to go through the St. George's Cemetery property. However, both Ames and Mn/DOT have been taking measures to avoid disruption to the cemetery site. It was determined by all parties that disruption of the cemetery site for the installation of the storm sewer line should be avoided if possible. The only other location for the storm sewer line is behind the retaining wall that runs along the south edge of the cemetery property. Gaffron indicated the storm sewer line cannot be installed until the retaining wall is constructed. In order to install the storm sewer line behind the retaining wall, the timeline for construction of the retaining wall has been moved up substantially and requires disposal of 25,000 cubic yards of dirt. Gaffron indicated this was a new occurrence that arose which needs to be dealt with fairly quickly. Because the need to dispose of this material was not anticipated prior to the recent decision regarding the location of the storm sewer line, Ames Construction does not have a site for the disposal of the material. Gaffron stated the interim plan has been revised toIenable the material excavated for the retaining wall to be placed on the James site. This will not require any trucking on public roads. Staff has worked with the applicant to limit the land alteration to the southern portion of the site and to ensure the fill is placed on the site in conformance with the parameters determined by the Council. Gaffron noted other than a berm along the edge of the property, the fill will not be above the elevation of Old Crystal Bay Road, with the berming around the perimeter of the property being a key element to provide some screening and corridor closure. I Gaffron stated the grading plan has not been revised to reflect the discussions of the Council held on November 28`x', but is contained in the plan submitted on Friday. Limiting the topsoil removal and filling to the south end also avoids drainage impacts to adjacent properties to the north and west, which was the key concern expressed by the adjoining property owners. Gaffron stated subject to the recommendations of agencies, which includes the Watershed District a supportive of the request for an interim permit to ; property and to fill and grade that portion of the p' City Engineer and necessary permits from other the Minnesota Pollution Control Agency, Staff is p topsoil from the southern portion of the James erty. Gaffron noted he has spoken with the surrounding property owners about the drainage issues both short-terns and long -terns and has also discussed this proposal with the Dumases, who also indicated some concerns regarding drainage. Gaffion requested the Council consider authorizing staff to issue an interim land alteration permit for topsoil stripping and filling in the southern portionof the James property subject to the City Engineer's review and the necessary permits from other agencies. White inquired how high the soil would be at the highest point. PAGE 3 of 20 MINUTES OF THE ORONO CITY. COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (5. CHARLIE JAMES, 425 OLD CRYSTAL BAYROAD NORTH, Continued) Todd Planting, Project Manager with Ames Construction, stated the elevation of the property is proposed to go to 1029', which matches the road elevations near Old Crystal Bay, plus or minus a foot. Planting stated the site would be reseeded upon completion. McMillan inquired whether the trucks would be able to access that section of the property. Planting stated there would be a 30 -foot buffer between the wetland and that they are planning to leave that area low to provide for drainage. Planting illustrated where they would access the site on the overhead. Sansevere inquired whether there is any possibility that the Dumas site would experience any runoff. Planting stated all drainage would be directed towards the wetland. Murphy moved to adopt the interim plan and to authorize staff to issue an interim land alteration permit for topsoil stripping and filling in the southern portion of the James property, subject to the recommendations of the City Engineer and the obtaining of the necessary permits from the MCWD and the Minnesota Pollution Control Agency. Kellogg stated his recommendations relate mainly to sediment and erosion control, noting that the drainage issues have been addressed by the comments of Mr. Planting. White pointed out there would be some additional work completed in February. Gaffron stated this issue would be discussed at the January 17 °i Planning Commission meeting, with the affected neighbors being notified of the public hearing. Motion seconded by Peterson. White noted no development is being proposed for the James site at the present time. VOTE: Ayes 5, Nays 0. Murphy commended Ames Construction on their work relating to the new Highway 12 project, noting that parts of the project have been completed early. 6. #05 -3131 STEVE BOHL OF BORLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NORTH AND 177 GLENDALE DRIVE — PRELIMINARY PLAT APPROVAL AND REZONING Steve Bohl, Applicant, was present. • Gaffion stated the applicant is requesting preliminary plat approval and rezoning for a portion of the property that consists of 10.28 acres, including the church property at Glendale just east of Willow. The property is currently zoned RR -1B, 2 acre single family rural residential, with the applicant requesting the zoning be changed to a Residential Planned Unit Development. Gaffron noted the church property would remain as RR -1B. . PAGE 4 of 20 • n • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, DeIcember 12, 2005 7:00 o'clock p.m. (6. #05 -3131 STEVE BOHL OF BORLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NORTHAND 177 GLENDALE DRIVE, Continue(l Gaffron stated the area is guided in the Orono 2000 -2020 Community Management Plan for single - family residential housing at a density of 2 -3 units per acre. Because this property has never been rezoned to match the CMP- guided density, the current application includes a request for rezoning to RPUD, Residential Planned Unit Development. . Gaffron stated this subdivision was first reviewed on July 18`x' as a proposed plat for nine new lots. Pursuant to Planning Commission continents at theMJuly 180' and September 19 °' meetings, the applicant has submitted a revised eight -lot plan that was reviewed by the Planning Commission on October 17 "i. In response to that review, further minor revisions were then submitted and were reviewed by the Planning Commission on November 21st. The Planning Commission voted 6 -0 on November 21 to recommend that Council grant general concept plan approval and preliminary plat approval subject to the following: 1. Defer to Park Commission and/or City Council for recommendation on whether trails should be installed by applicant and who should pay for the installation. 2. Applicant shall agree to and incorporate into plans all of the recommendations of AES regarding conservation design, etc. 3. Applicant shall provide a landscape plan per AES recommendations and per prior Planning Conunission discussions. 4. Applicant to provide evidence of MCWD approval for filling wetland in Lot 8. Gaffron reviewed the RPUD standards, noting the - 15,000 square feet minimum dry buildat indicated that 14,000 square feet would be acceptE - 90 -foot minimum lot depth. Gaffron not setback. lot area is required. The Planning Commission had all eight new lots meet this using a 30 -foot street - 125 -foot minimum lot depth. Lots 4, 5, G! 7, and 10 are just short of this standard, but these depths are a result of significant tweaking to date, and each lot contains a usable building site with acceptable rear yard. -10 -foot side yard on interior lot lines. Gaffron stated all lots conform to the 10 -foot setback. - 15 -foot side yard at exterior of RPUD. Gaffron stated the east line of Lot 5 proposed at 10 feet should be revised to 15 feet; the north yard of Lot 31should increase to 15 feet; and the west yard of Lot 6 should be increased to 15 feet. J Gaffron stated the southwesterly portion of the property contains wetlands that will be protected by a Conservation and Flowage Easement except for a portion of a small area extending into Lot 8. The applicant has proposed to fill a 2000 square foot portion of this area, the deminimus amount of fill allowed by WCA regulations without requiring mitigation. Because of this filling, Lots 7 and 8 would not require variances for the wetland buffer setback'established in the City's new wetland ordinance. The applicant is also requesting that MCWD approve the revised wetland delineation that reclassifies portions of the ditch wetland along Willow Drive as "incidental" and acceptable to fill for roadway and fixture trail purposes. Gaffron stated one of the key elements that the Planning Commission wanted addressed was the conservation design goals. Parcel Group 3 is one of the areas reviewed as part of the Rural Oasis visioning study. The applicant engaged the services of a consulting ecologist, Applied Ecological PAGE 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (6. #05 -3131 STEVE BOHL OF BORLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NORTHAND 177 GLENDALE DRIVE, Continued) Services, to address the conservation design goals and objectives. The topics addressed by AES include forest preservation, forest enhancement and expansion, wetland preservation, wetland enhancement and expansion, vegetated buffer establishment, stormwater management, and ecological restoration and management. The Planning Commission concluded that the RPUD standards for SFR development are generally appropriate for this site, with a few minor revisions. The proposed SFR development for eight homes has an average dry buildable lot area of slightly under 16,000 square feet, with no new building lots less than 14,000 square feet as recommended by the Planning Commission. This fits into the general range of lot sizes in the surrounding neighborhood. The Hackberry neighborhood directly to the west in Orono has existing developed SFR lots generally ranging in size from 17,000 square feet to 22,000 square feet. The Planning Commission has recommended that the new road be a private cul -de -sac road. This is reasonable, even though this is becoming an "urban" area of the City, because of the rezoning to RPUD and because only a small number of homes will be served, with minimal potential for connection through to another road. However, underlying City road and utility easements should be granted, so that if the church property is someday further developed and connects a through road to Glendale Drive, the option to make it public will exist. Because this will be an urban development, the City will ultimately own and maintain the sanitary sewer lines. The RPUD standards require that each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents. The Planning Commission determined that the church lot is not considered part of the RPUD development, meaning that 0.5 acre must be devoted to private recreation area. Staff finds that this rezoning/subdivision proposal has been revised a number of times and has generally or specifically addressed all concerns raised by Staff and the Planning Commission. Staff would recommend that Council direct Staff to draft a resolution for General Concept Plan Approval for review at the January 9°i Council meeting. Steve Bohl stated he did compile a list of questions that he would like addressed. Bohl stated he would like the trail addressed and whether the street should be public or private. Bohl stated typically in his experience this type of road would be a public road rather than a private road. Bohl recommended the developer construct the trail and questioned whether an outlot should be created or whether the land the trail is on should be dedicated to the City. Bohl stated if the trail is to be a public trail, he would like the long -term maintenance of the trail to be assumed by the City. Bohl also questioned who would assume liability if something happens on the trail. Murphy questioned whether the Planning Commission or Staff has a definite idea of how the trail system within this development would connect to the outer world. Murphy questioned whether a trail crossing in front of the fire station would be the ideal situation. Gappa stated the reason the east side of the road was selected is because the City controls the fire station property and the land to the west is fully developed and there is no chance of obtaining easements at this PAGE 6 of 20 • LJ • ORONO CITY Monday,1 7:00 (6. #05 -3131 STEVE BOHL OF BOH) DRIVE NORTHAND 177 GLENDALE D. time. Gappa stated the east side was considered necessary easements. McMillan stated there presently is a bike shoulder bike trail is on the actual road. ES OF THE OUNCIL MEETING -ember 12, 2005 clock p.m. DEVELOPMENT, INC., 190 WILLOW Continued) there is also a better chance for obtaining the Willow Road. McMillan inquired whether the Gaffion stated the road itself serves as the trail, with a separate trail segment running from Glendale Drive to the church property. Gaffion illustrated the section of the trail that the Park Commission has concluded should be constructed Gappa stated they would like the trail from the private road up to Glendale constructed now. Gaffion stated one item considered was the fact that on the west side of the road there are a number of homes located close to the road. Gaffion stated if the fire station were busier, that might be a reason to limit a trail in front of the access to the fire station: McMillan stated she has a concern about having a Willow Road. McMillan stated in her opinion the eliminated. Murphy stated he also would prefer the road be pu is trail go into a private road and then back out to should all be public or the trail should be Gaffron stated part of the rationale for making this road a public road would be the fact that this area is considered urban density and would have public utilities. Gaffron commented the road would become a maintenance issue for the City, especially given the fact that it is a cul -de -sac. Murphy stated the residents located within the private property of this development or the homeowners association would have jurisdiction of that portion of the trail and may create confusion in the future. Sansevere stated he also has an issue with a White stated having an outlet to Long Lake makes Gaffron stated there would probably have to be an since there are two outlots proposed. Sansevere stated in his view the private public trail in close proximity to it. of the trail going through private land. regardless if the road is private or public area would likely not remain private if there is a Bohl stated one of the recommendations of the environmentalist was to revegetate Outlot B. Jurgens stated one of the reasons the Plamling Commission looked at a private road was the width of the road and right -of -way. Jurgens stated it was his understanding that the trail would be separate from the private road. I Gaffron inquired whether there are any differences iin the standards between a public and a private road. PAGE 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (6. #05 -3131 STEVE BOHL OF BORLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NORTHAND 177 GLENDALE DRIVE, Continued) Kellogg indicated he would need to verify the standards, but that to his recollection they are the same. Jurgens stated he thought there was a right -of -way issue with the public road. Gaffron stated he had the impression that the road itself would serve as the trail for a portion. Bohl stated that was also his understanding. Bohl stated the grading for the road would disturb the area for the trail and they probably would not destroy any more trees if a bituminous trail were constr ucted in that area. Bohl inquired whether the trail could be right up against the curb and whether there would need to be any additional stormwater calculations submitted. Murphy stated the trail raises several questions regarding drainage and also whether vegetation can grow in that area. Murphy stated in his opinion the trail would need some further consideration. Bohl stated in his opinion the trail does serve a purpose since Hackberry Park is located right across the street. Bohl stated a water easement and water pipes would be put in that area and that the area would already be disturbed, which would make constructing the trail less intrusive to the environment. Bohr recommended the trail crossing be signed across the street. Bohl stated he has had some time to contemplate the trail and that the trail would allow access, but that it would be a little unusual to have public utilities under a private street and that in his opinion the road should be a public road. Murphy inquired what the City has done around Hackberry Park. Gappa stated those are all public streets. Gappa stated there would not be much expense to add that road to the streets that are maintained by the City. White inquired about the screening between the development and the houses to the east. Gaffron pointed out a prelinunary vegetation plan is included in the Council's packets. Gaffron stated it appears likely that the entire site would be graded and that the vegetation would need to be replanted and supplemented. Bohl noted the prominent vegetation on the site is buckthorn and that the reconnnendation of AES is to clear the site and bring back the natural vegetation. Bohl stated they would be able to maintain some of the cottonwoods along the road. McMillan stated what is important is what is planted after the site is developed, and inquired what type of vegetation is being proposed for this site. Bohl stated they would be taking the recommendations of AES and incorporating them into a final • landscape plan prior to final plat approval. PAGE 8 of 20 • n LJ • ORONO CITY Monday,1 7:00 (6. #05 -3131 STEVE BOHL OF BO� DRIVE NORTHAND 177 GLENDALE McMillan recommended that the native ES OF THE OUNCIL MEETING eember 12, 2005 clock p.m. DEVELOPMENT, INC., 190 WILLOW Contracted) be spelled out. Bohl stated they would also restrict the removal of some of the vegetation. Peterson inquired whether these residences would Gaffron stated it is the developer's intent to attached two to three car garages. Peterson stated in her opinion, due to the smaller 1 three story structures. walkouts with two stories above the walkouts, with it might be creating a lot of massing on the site. Gaffron stated one of the concerns Staff had when Ithis area was reguided was that there was going to be an expectation on the part of the developer that they can construct larger houses on the site and some discussions were held about how to provide some:nore affordable type housing. Gaffron stated the houses would sell in the $800,000 range. Bohl stated the homes he is proposing range from 2,400 to 2,800 square feet. Bohl stated a finished lower level might add another 1000 feet. Bohl stated they are smaller than the homes being constructed in Medina. McMillan noted some of the lots would be over Gaffron stated in the initial review some of the numbers at the present time. McMillan inquired how the Planning Commi; future would like to add additional hardcover 15 percent. were at 25 percent and that he has not updated those d look at those lots if the property owner in the Gaffron stated those lots would be exempt from the 15 percent limit but would be subject to the 15,000 FAR. Gaffron stated those lots at the maximum FAR would not be allowed additional hardcover. Bohl stated there would be an appearance of ma, Gaffron recommended as much screening as pos Bohl stated it is his understanding that 14 -foot pi Moorse inquired how the grading would be done would be above road level. from the rear. A ble be provided to the west. I trees are being proposed. create the walkout lots and whether the building pads Bohl stated they are bringing the elevation of the road up. Moorse inquired in relation to Willow, what the main floor elevation of the houses would be. Bohl stated the road is being raised approximately °six feet. PAGE 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (6. #05 -3131 STEVE BOHL OF BOHLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NOR THAND 177 GLENDALE DRIVE, Continued) Moorse conunented the houses would be slightly higher than the road. Gaffron stated approximately six to eight feet would need to be filled between the cul -de -sac and the houses. Murphy stated in his view the neighborhood would be altered tremendously and that he has a concern that this development will not fit in with the rest of the neighborhood. Bohl stated there are a number of walkout ramblers located along Willow. McMillan inquired why the 15 percent lot coverage is not being followed in this development. Gaffron stated because this is a RPUD, the question becomes what standards should the City require for this development. Gaffron stated one issue is whether the 15 percent would allow marketable houses. Gaffron stated 15 percent of 14,000 square feet is a 2100 square foot footprint that could be a house that is 30' by 70', with a tuck -under garage. White stated one of the concerns with putting large homes on small lots is the impact to the drainage. is Bohl stated in his mind the market is good for a 2,200 to 2,400 square foot walkout in the $800,000 range. • Bohl noted that Willow has both modest homes and larger homes. Peterson pointed out those homes are on larger lots. Bohl stated this site is located in the middle of high density. White stated the City would like to keep the houses within an affordable range. Murphy stated he likes the proposal and the compliance with the Conservation Design. Murphy stated in his opinion the developer has attempted to come up with a design that will fit in with the neighborhood but that he has a concern with the height of the buildings being proposed. Murphy stated the back view of a three -story house, with a deck and flood lights, is not attractive and that in his view the neighbors' view will be impacted. Murphy questioned the amount of fill required to create the walkouts and the need to have some of those issues resolved. Bohl stated the housing farther south on Willow Drive should also be taken into account. Bohl stated if density is a concern, that once Willow Drive becomes more developed, this development will fit in better. Bohl stated in his opinion the appearance of the rear of the homes could be made very nice. White indicated he also has a concern with the appearance of the rear of the residences. Peterson stated she has a concern with the amount of fill that would be required to be hauled in and that the size of the homes should fit the land. Bob] inquired what the alternative housing would be for that area. PAGE 10 of 20 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (6. #05 -3131 STEVE BOHL OF BO DRIVE NORTHAND 177 GLENDALE Peterson stated the thought process that went into that would be more affordable. Gaffron stated the intent of the higher density was noted there are a number of modest homes in this options for affordable housing. McMillan commented that she did not envision a Bohl stated the 7,000 square foot house includes 2,400 square feet. Gaffron stated Lot 4, which is a 14,000 square foo 30' garage, which totals 18 percent of 14,000 squa standpoint, there is 1500 square feet on each floor, .4. Gaffron stated some lots would be over the 15 FAR. Peterson stated the overall visual impact is the Bohl illustrated on his sketch that three or four DEVELOPMENT, INC., 190 WILLOW Continued) area becoming higher density was to have homes match the density in the surrounding area. Gaffron a and that the intent was to provide some additional square foot home located on one of these lots. garage and that the houses will typically be 2,300 to A, has a proposed house of 50' by 30' and a 35' by feet, which exceeds the 15 percent. From an FAR ith 1050 square feet for the garage, which amounts to rcent but would be under the .5 allowed under the would be visible from Willow Road. Murphy stated they appear like a one -story residence with a walkout, which is not as offensive as the two - story with a walkout. Murphy inquired whether this application could move forward given the concerns expressed by Council. Murphy recommended the applicant look at this development from a could be mitigated in some way. Gaffron suggested some computerized side vie FAR could be reduced to something less than, Gaffron suggested a more detailed screening p Peterson stated she would like to see screening located within this development. Moorse stated in terms of the walkout and the creates more of a visual impact, and that perha stated to his recollection the walkouts on Glen Bohl stated he would be willing to provide cross -se screening on the southwest portion of the property, homes. Peterson inquired whether the applicant would be application. levation views be submitted. Gaffron stated the keep the square footage of the house down. e provided. he entire development, with more screening being en the grade is increased six to eight feet, it lkouts should be limited to one- story. Moorse ne -story ramblers with a walkout. of the homes, a screening plan of what the be, and then some images of the rear of the filling to provide a 60 -day extension on this PAGE 11 of 20 I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (6. #05 -3131 STEVE BOHL OF BORLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NORTHAND 177 GLENDALE DRIVE, Continue(l) Bohl stated he would be. Gaffron inquired whether the road should be public or private. It was the consensus that the road should be public. Gaffron stated the trail would be part of the road and public, with the developer constructing the road and trail at his expense. Gaffron inquired whether the trail should be constructed along the whole length of Willow. It was the consensus of the City Council to require a trail easement for that area. Peterson moved, Sansevere seconded, to table Application #005 -3131, Steve Bohl of Bohland Development, Inc., 190 Willow Drive North and 177 Glendale Drive — Preliminary Plat Approval and Rezoning. Jurgens suggested the applicant also submit a draft of the homeowners association documents. VOTE: Ayes 5, Nays 0. • *7. #05 -3139 HILL SCHOOL, 2180 NORTH SHORE DRIVE — CONDITIONAL USE • PERMIT AND VARIANCES — RESOLUTION NO. 5410 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5410, a Resolution granting side yard and side street yard setback variances and a conditional use permit for the property located at 2180 North Shore Drive, permitting construction of the addition as proposed on the submitted survey and elevation drawings. VOTE: Ayes 5, Nays 0. 8. #05 -3152 BOHLAND DEVELOPMENT ON BEHALF OF JAMES D. MACKINNON, ET AL, "3500" WATERTOWN ROAD — PRELIMINARY PLAT APPROVAL Steve Bohl, Applicant, was present. Gaffron noted this application appeared before the City Council approximately one month ago, with the Council indicating at that time that the PRD process would be acceptable subject to the applicant addressing the City's Conservation Design goals and objectives and subject to careful review that all standards necessary to ensure a successfiil development are met. The applicant subsequently engaged the services of a consulting ecologist, and on November 18, 2005, the applicant submitted the ecological findings and recommendations as well as on -site sewage treatment systems information, making the application complete and formally commencing the 120 -day review period. The topics addressed by AES include forest preservation, forest enhancement and expansion, wetland preservation, wetland replacement and enhancement, vegetated buffer establishment, stormwater management, and ecological restoration and management. 40 PAGE 12 of 20 • • ORONO CITY Monday,1 7:00 (8. #05 -3152 BOHLAND DEVELOPNIENT AL, "3500" WATERTOYT'NROAD, Continued) It was the recommendation of the Planning Comm II Development preliminary plat approval subject to I 1. Incorporation into plans of all of the recoil. conservation design, landscaping, etc.; 2. Application should address continents by t 3. Conservation Easement to be required over B; 4. Additional conditions with regards to be addressed. Gaffron stated the applicant has provided substant feasible, especially in embracing the elements of ( following issues be discussed as Council consider 1. A revised stormwater management plan a, been provided. This requires MCWD rev use of a portion of the wetland for stormw further forward until there is some commi ponding with the wetland. Also note that ensure that runoff from the road and drive 2. Significant fill will be needed to create th( require substantial retaining walls in Outb 3. The grading plans for individual homes le steep slopes result in an immediate drop a the need for substantial terracing and retai actual grading for each site may end up su and any amenities, such as pools, sport co topographic changes. These lots may be c 4. Review of the City Engineer's continents. S. Staff is in the process of drafting a Prelim . attached as Exhibit H. Bohl stated the biggest recommendation was to originally proposed the stonnwater ponding beb of the tree buffer in that area. Bohl stated in his but that when the wetland is moved into the wet and the need to mitigate the wetland two to one. area, which has allowed them to preserve some process, but that he is unsure whether the Water White stated the idea of saving a bunch of trees is McMillan commented the wetland is fairly degn wetlands. McMillan noted this wetland consists wetland. Bohl stated AES did recommend removal of the ES OF TAE OUNCIL MEETING -ember 12, 2005 clock p.m. ON BEHALF OF JAMES D. MACKINNON, ET that the Council grant Planned Residential of Applied Ecological Services regarding e City's wetland consultant John Smyth; east end of Lots 1 -2 -3, Block 2, as well as over Outlot for protection of septic sites on small lots should i1 information toward making the development Dnservation Design. However, staff recommends the granting preliminary PRD plat approval: dressing the concept of a linear ponding area has not .w and approval as well as City approval, as it makes .ter treatment. The application should not move much rent by MCWD to a stonnwater plan involving linear ae judicious use of curb and gutter may be required to rays reaches the stornwater ponds. ' road access onto Watertown Road, and this will B, requiring engineering. ve a lot to be desired. In all three Block 2 lots, the ray from the house, leaving no functional back yard, or .ing walls to have any sort of flat back yard. The istantially different than shown on the current plans, rts, etc., will be difficult to establish without major fficult to market under the proposed layout. Plat Approval resolution, a first draft of which is cate Outlot B further back. Bohl stated they had Lots 2 and 3, with the hope to try to preserve as much w the stormwater pond could be kept out of Outlot B, 1, the biggest problem will be the Watershed District ohl stated they have relocated the pond into a wetland 3 and that the wetland would be improved through this i District would allow them to do that. d and that there are some advantages to restoring a lot of reed canary grass, which tends to kill the canary grass. PAGE 13 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (8. #05 -3152 BORLAND DEVELOPMENT ONBEHALF OF JAMES D. MACKINNON, ET AL, "3500" FFATERTOWNROAD, Continued) Murphy stated in his view the Watershed District could look at some of these wetlands in a different way and that the City could approach the Watershed District and ask them to look at the whole thing in context. McMillan stated she appreciates all the work the developer has done on this development, but the one concern she has is that without having any conservation design ordinances on the books, she is not in favor of allowing less than two -acre lots with their own septic systems. McMillan stated the two -acre zoning requirement for septic systems has been on the books of Orono for a considerable number of years and that she personally cannot break that precedence without having some well - defined ordinances on the books dealing with conservation design. Bohl inquired what the time frame is for the adoption of the conservation design ordinances. Gaffron stated Staff and the Planning Commission are not ready at the present time to recommend adoption of any specific ordinances. Gaffron stated he is hopeful he will get some response from DSU in the near future on the draft ordinance. Gaffron stated that perhaps the two -acre septic requirement should be a separate topic from the layout of this development. Gaffron pointed out the developer is not changing the density in this area. Murphy inquired how the documentation from Shardlow relates to this application. Murphy inquired • whether this application would be excluded from the new ordinances. Barrett stated the application would fall under the current ordinance. Gaffron stated he is unsure whether the new ordinances would help this application. Gaffron noted the new ordinances would require the same process that the applicant has already gone through. White concurred there may be a precedence issue by deviating from the two -acre minimum requirement for a septic site. Gaffron stated he is attempting to write language into the new ordinances that will meet the Council's concerns relating to a small site and septic. Gaffron noted the review period for this application goes to the middle of March. White pointed out the applicant still would have to appear before the Watershed District. Bohl stated he needs preliminary plat approval prior to going before the Watershed District. Bohl stated he would like some kind of approval that would allow the Watershed District to review this application. McMillan stated the Watershed District does not want to review applications too early in the process due " to possible changes made to the plans. Murphy stated he did discuss this review process with the Watershed District and was told by a • representative that they would like to do concurrent engineering with the City. PAGE 14 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 • 7:00 G clock p.m. (8. #05 -3152 BOHLAND DETVELOPAIENT ONBEHALF OF JAMES D. MACKINNON, ET AL, "3500" WATERTOWNROAD, Continued) Bohl stated in his opinion the Watershed District's comments would be important in this application. Dick Kroeger, 65 Stubbs Bay Road North, inquired why not four lots could be created rather than six. Jun Mackimion, Applicant, stated this application came in under the existing ordinances and that a plan was presented proposing six lots with no variances. Mackinnon indicated the City requested this process and that in his opinion he is entitled to six lots. Peterson stated Mackinnon is referring to the Rural Oasis. White stated the Rural Oasis deals with the view of a development. Murphy stated one of the issues they are exploring'in Orono is how to avoid a cookie cutter approach to land development. Murphy stated the applicant could have gone ahead and developed six lots, but that the City recommended that the developer consider the requirements of the Rural Oasis Plan that was recently adopted by the City. Gaffron stated the Council has discussed a number of concerns, but pointed out that the proposed houses do not have back yards, which might create issues in the future such as additional retaining walls and • grading. ,I Murphy inquired what the definition of a back yard) is. Gaffron stated every lot within this development has a drop off area and that retaining walls are required to create a back yard. Gaffron stated on Lot 3 a 10 to 12 -foot high retaining wall would be required. Gaffron indicated with the lots on the west side of the road, there is a swale located directly behind the houses and that probably is not an ideal situation. Murphy stated for discussion purposes the Council; should assume that not everybody wants a back yard. Gaffron recommended that covenants be in place outlining the City's vision for this area. u Bohl stated they would be doing site grading as each individual pad is designed. Bohl indicated there are ways that the first floor elevation does not need to be above the street level but that it is recommended to help insure proper drainage. Bohl stated on larger lots they are able to place a house three to four feet lower than the road and that the larger lots allow them to custom fit the house onto the lot. Bohl stated the conservation easements do make Mackinnon stated typically you do not use your b and that in his view the children would utilize the to maintain the tree buffer. yard on larger yards the way you do on a city lot It yard given the topography of the area. Murphy recommended the City have restrictive covenants for this area to help preserve the existing • topography. Bohl conunented that perhaps the amount of grading could be restricted somewhat. �I PAG1 15 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. (8. #05 -3152 BORLAND DEVELOPMENT ONBEHALF OF JAMES D. MACKINNON, ET AL, 9500" WATERTOWNROAD, Continued) Maureen Bellows, 3400 Watertown Road, stated she has dealt with some covenants that restrict grading and that she would be happy to share that with the developer. Bellows inquired whether the speed limit could be reduced on Watertown Road. Bellows stated at least once a winter there is an accident on that road. Bohl noted one of the neighbors would be eliminating their driveway and connecting to the proposed road within the development. Peterson stated ,the Council would have Staff alert the police department regarding the speeding. McMillan recommended a sight distance analysis in connection with the proposed intersection be submitted. Mackinnon stated he has resided on this property since 1948. Mackinnon stated when the addition was put on the residence, they found newspaper insulation in the walls dating back to 1856 and that the original log home behind the house was the existing Stubbs house. Bohl stated he would like to continue to move this application forward and meet with the Watershed District. Bohl inquired whether preliminary plat approval could be given tonight. • Peterson stated since Staff only received some of the information tonight, it would be difficult to give • preliminary plat approval. Gaffron stated he would prefer the application be tabled tonight, but that he would like the Council to give preliminary approval to the concept and layout, which would allow the City to go before the Watershed District. Murphy stated he still has questions regarding the size of the lots and the proposed septic, but that he personally would like to follow the City's Rural Oasis plan with this development. McMillan stated she personally is not at the point where she could allow lots under two acres to have their own septic system and that she would like to know exactly what criteria needs to be met if private septic systems would be allowed on lots less than two acres. Bellows inquired whether this could function under a Planned Unit Development to help address McMillan's concerns. Gaffron stated this development is being proposed under a PUD and that technically the developer is able to do it but that you attempt to mitigate those concerns by placing restrictive covenants on the lots. McMillan stated she has a concern that these smaller lots would have their own private septic sites and that in her opinion the City might be getting a little ahead of itself by not having the proper ordinances in place. Peterson stated it appears that four of the Council members are comfortable with the size of the lots. Bohl stated it would make sense to narrow the street to help preserve some of the trees in the area. • PAGE 16 of 20 ORONO CITY C Monday, De • 7:00 0' (8. #05 -3152 BOHLAND DEVELOPMENT AL, "3500" WATERTOWNROAD, Continued) 1 • C7 ES OF THE OUNCIL MEETING eember 12, 2005 clock p.m. BEHALF OF JAMES D. MACKINNON, ET McMillan stated she would like property owners to: do as much as possible to help lessen runoff into pipes and NURP ponds. Bohl stated he feels he can continue to work with Staff on some of these issues. Mackinnon inquired whether the new ordinances would need to be passed before this application is approved. White stated it is doubtful that those ordinances would be passed in the near future. Gaffron stated it is likely it would take two to threelmonths before the new ordinances are approved. Mackinnon stated he has a concern that this ordinances are adopted. Murphy moved, Sansevere seconded, to table behalf of James D. MacKinnon, et al., "3500" VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan commented it would be nice to have an discussing an application. Sansevere inquired whether the Pioneer Newspaper Moorse indicated that it would be. Peterson stated she attended the firemen retirement Mr. Murphy on his eloquent speech. PUBLIC SERVICE DIRECTOR'S REPORT will be delayed indefinitely if they wait until the new ation #05 -3152, Bohland Development on town Road — Preliminary Plat Approval. al view of the surrounding properties when be on the work session agenda. along with Mr. Murphy and commended 9. ACCEPT QUOTATION LIFT STATION NUMBER 21 PUMPS Murphy moved, Sansevere seconded, to accept th, Pump, Inc., Minneapolis, Minnesota, for the Lift Fund Capital Budget and approval of the approp expenditure. VOTE: Ayes 5, Nays 0. 11 quotation in the amount of $12,300 from EIectric : ation 21 pumps with funding from the Sewer ate year 2005 budget adjustment to reflect this PAGE 0 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT 10. 2006 FEE SCHEDULE — ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION No. 31, Third Series Murphy moved, Sansevere seconded, to adopt ORDINANCE NO. 31, Third Series, an Ordinance adopting the City's Fee Schedule for 2006 and Summary Ordinance for publication. VOTE: Ayes 5, Nays 0. - 11. 2006 MEETING SCHEDULE Murphy moved, Sansevere seconded, to approve the 2006 meeting schedule. VOTE: Ayes 5, Nays 0. 12. COUNCIL LIAISON TO PARK COMMISSION AND PLANNING COMMISSION MEETINGS IN 2006 Murphy moved, Sansevere seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 2006. VOTE: Ayes 5, Nays 0. 13. 2005 INTERFUND TRANSFERS AND LOAN PAYMENTS • Murphy moved, Sansevere seconded, to approve transfers and loan payments as indicated on the is Schedule of 2005 Interfund Transfers and Loan Payments. VOTE: Ayes 5, Nays 0. 14. AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Murphy moved, Sansevere seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 27`h Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 9, 2006 Council meeting. VOTE: Ayes 5, Nays 0. 15. 2006 NON -UNION COMPENSATION ADJUSTMENTS — RESOLUTION NO. 5411 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5411, a Resolution Approving Pay Plan Adjustments for Non -Union City Employees for 2006. 16. APPOINTMENT OF POLICE DEPARTMENT OFFICE MANAGER Murphy moved, Sansevere seconded, to approve the hiring of Anne Otto in the nonunion position of Police Office Manager at Level 5, Step 2 of the compensation plan, which will set her starting wage at $18.21 per hour with a starting date of 01/03/06. VOTE: Ayes 5, Nays 0. • PAGE 18 of 20 • • ORONO CITY C Monday, De 7:00 o' 17. APPOINTMENT OF POLICE DEP ASSISTANT OF THE INCIL MEETING fiber 12, 2005 ck p.m. ADMINISTRATIVE SUPPORT Murphy moved, Sansevere seconded, to approve the hiring of Jessica Werder in the nonunion position of Administrative Support Assistant in the police department at Level 4, Step 2 of the Compensation plan, which will set her starting wage at $16.93 per hour with a starting date of 01/09/06. VOTE: Ayes 5, Nays 0. 1 18. APPROVE ANIMAL EVIPOUND CONTRACT Murphy moved, Sansevere seconded, to approve, entering into a contract with Greater West Metro Humane Society for 2006 animal impounding an 'd related services in exchange for a base fee of $3,966, plus other specified incidental charges such as emergency vet service or euthanasia as may be needed from time to time. VOTE: Ayes 5, Nays 0. i 19. APPROVE ANIMAL CONTROL SERVICES CONTRACT Murphy moved, Sansevere seconded, to approvelthe renewal of the animal control service contracts for 2006, with a 3 percent cost increase. VOTE:) Ayes 5, Nays 0. 20. JOINT FIRE STATION ACCOUNT CLOSE OUT McMillan inquired whether a joint account has been established for funding expenditures. Moorse stated this account was specifically for the construction of the fire station and that the ongoing bills of the fire station are paid out of the general operating fund. Murphy stated the City has recovered all of the money that they invested in the fire station and now own half the land. McMillan moved, White seconded, to authorize the withdrawal of the remaining balance from the Joint Fire Station Account, to be divided equally' between the Cities of Orono and Long Lake. VOTE: Ayes 5, Nays 0. 21. RESOLUTION OF ANDERSON CLAIM AT 1260 SPRUCE PLACE Murphy moved, Sansevere seconded, to approve the settlement, in the amount of $30,000, related to the sewer backup at 1260 Spruce Place. VOTE: "Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Barrett requested an executive session to discuss pending litigation. PAGE 19 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 12, 2005 7:00 o'clock p.m. 22. LICENSES Annual Liquor Licenses On Sale Liquor and Sunday 1. Narrows Saloon (Orono Liquor, Inc.) 3380 Shoreline Drive Residential Kennel License 2. Mr. and Mrs. Benjamin R. Field, III 1729 North Farm Road 3. Colleen Jabbour 985 Tonkawa Road 4. LuAnn and D.L. Runkle 2684 Casco Point Road 5. Gayle Talbot 80 Luce Line Ridge Murphy moved, Sansevere seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *23. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ►� 0t•�r,�.i► White moved, Peterson seconded, to adjourn the Orono City Council meeting at 9:58 p.m. VOTE: Ayes 5, Nays 0. ATTEST: %- Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor PAGE 20 of 20 it r: •