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HomeMy WebLinkAbout07-10-2006 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday,IJuly 10, 2006 • 7:00 0I clock p.m. ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, and Lili McMillan; Representing Staff were Planning Director Mike Gaffron, Plamners Melanie Curtis and Evelyn Turner, Engineer Tom Kellogg, City Attorney Matt Brokl, and Recorder Jackie Young. Council Member Jim White arrived at 7:05 p.m. City Administrator Ron Moorse arrived at 7:19 p.m. Mayor Barbara Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 8, 10, 11, 12, 13, 14, and 15 were added to the Consent Agenda. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays, 0. • OATH OF OFFICE — POLICE OFFICER This item follows Item No. 5. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Murphy moved, Sansevere seconded, to appro'% meeting as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No representative was present. • SONNEK UNE 26, 2006 the minutes of the June 26, 2006 City Council PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Judy 10, 2006 7:00 o'clock p.m. • PLANNING COMMISSION COMMENTS — ROLAND JURGENS, REPRESENTATIVE Jurgens stated he had nothing to report but would remain for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *3. #97 -2269 CONLEY BROOKS AND GERALD McCOURTNEY, 980 FERNDALE ROAD WEST AND 1055 FERNDALE ROAD WEST — FINAL LOT LINE REARRANGEMENT — RESOLUTION NO. 5485 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5485, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 980, 1045, and 1055 West Ferndale Road. VOTE: Ayes 5, Nays 0. • 4. #05 -3097 HASHEM ABUKHADRA,1745 FOX STREET — FINAL PLAT — RESOLUTION NO. This item follows Item No. 5. 5. #06 -3196 PAT McNAUGHTON/EDWARD HAMM, 1391 FOX STREET /1401 SHORELINE DRIVE — SUBDIVISION AND VARIANCE Pat and Lisa McNaughton, Applicants, and Greg Korstad, Attorney -at -Law, were present. Gaffron stated this item was discussed at the June 12°i Council meeting, with the item eventually being tabled until the full Council could be present. The applicants are requesting a lot line rearrangement between these two uniquely configured properties,' with the goal of separating the 33' wide lake access strip from 1391 Fox Street and attaching that strip to 1401 Shoreline Drive. The application requires lot area variances to allow each of the reconfigured lots to be less than two acres and will result in extinguishing the Special Lot Combination that gave 1391 Fox Street access to the lake. The application requires a plat be created because City ordinances do not allow • the use of an outlot for building purposes. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00, o'clock p.m. ( #06 -3196 McNAUGHTON /HA.MM, Korstad stated the request is to allow for an improved ability to build on the 1401 Shoreline lot and to eliminate the flag lot configuration of the 1391 Fox Street property. Korstad indicated the 1401 Shoreline property has a number of issues due to its location on a corner of County Road 15, which makes access difficult, and the large number of mature trees that exist. Korstad stated the flag log configuration for Fox Street creates a useability issue because it is separated from Outlot 1 by a regional rail right -of -way, County Road 15, and Orono Lane, which makes it difficult to access the property other than by a vehicle. Korstad stated the lot is relatively small, which makes it difficult to create an access to the lake, and that combination of these two lots would eliminate those issues and would create a better lot to provide for an improved buffer to County Road 15 and would result in one single family home at 1391 Fox Street ana one single family home at 1401 Shoreline Drive. The Fox Street lot would be slightly less than two acres and the lot on Shoreline would be slightly less than two acres but would be an increase from what it currently is. Korstad stated if approval is not granted, there would be two homes with no lake access and the home at 1401 Shoreline Drive would have additional difficulty in providing a buffer to County Road 15, which would place the property in a worse situation than if it were approved. Korstad requested the Council approve the applicants' request so they can movc forward with their plans to construct on the lot. • Edward Callahan, Orono, on behalf of Mrs. Goetten, stated Mrs. Goetten is opposed to the application, noting that this situation is governed by a special lot line rearrangement agreement and the Council should consider whether this proposed action would be in violation of that agreement. Callahan cautioned the Council against passing a resolution, which in effect would nullify the previous agreement entered into by the City. Callahan stated in his opinion the location of the proposed driveway is in a dangerous spot and would not lead to the safety of the citizens of Orono. Callahan stated if the hardship relates to the safety factor, the Council should first determine whether it truly isl a safety factor. Craig Moen, 1387 Orono Lane, inquired Mr. Hamm. McNaughton indicated he is appearing on Moen stated in his opinion there should be a City Attorney Brokl noted this is a joint another. Moen inquired whether there is a purchase Mr. Hamm. • Korstad indicated there is a purchase agreement. there is a representative appearing tonight on behalf of of Mr. Hamm. person representing the other applicant. and that the applicants are able to speak for one that has been signed between Mr. McNaughton and AGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. 10 ( #06 -3196 McNAUGHTON /IiAMM, CONTINUED) Moen inquired whether the Council has seen the purchase agreement. Mayor Peterson indicated the Council normally would not see a purchase agreement in a situation like this. Kevin Kokesh, 1399 Orono Lane, noted he appeared at the last council meeting and that he would like his previous comments to be taken into consideration at tonight's meeting. Kokesh stated he has a concern regarding the buffer and the trees. Barry Cavalanski, 1399 Orono Lane, inquired whether a delineated survey has been completed and inquired whether the feasibility of building on this lot has been considered. Gaffron stated a certificate of survey has been provided to the City and the applicant has also provided today a proposed landscaping plan depicting berms. Gaffron stated as part of this subdivision application, Staff typically does not get into the fine details of a development until later in the process. Gaffron stated the proposed driveway does meet the standards of the City, but noted that the average setback issues have not been resolved. Gaffron illustrated the proposed location of the house and the average setback. Gaffron noted this property was assessed and provided with a sewer stub back in the 1980s. • White pointed out no structure is allowed within the 0 -75' setback. Murphy noted he did speak with Mr. Callahan following the previous council meeting and that Mr. Callahan reminded him that there is a contractual agreement regarding the special lot line rearrangement between the City and the Goettens. Murphy inquired whether the City is able to pass a resolution extinguishing that agreement. Brokl stated the City could legally extinguish the agreement. Murphy inquired exactly what variances are included in the application before the Council. Gaffron stated as part of the approval process, the City would be granting variances that would allow construction to lot area only. Gaffron stated the property owners would need to meet the side, street, and rear setbacks as well as the average lakeshore setback. Gaffron illustrated the location of the old lot line and the lot line being requested with this application. Gaffron stated no variances have been requested to make the lot buildable other than lot area. Murphy inquired whether the applicant understands exactly what is being requested tonight. McNaughton indicated he understands. PAGE 4 • 0 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monda, July 10, 2006 7:00 o'clock p.m. ( #06 -06 -3196 McNAUGHTON/HAMM, Sansevere inquired how many of the neighl granting of this variance would be setting a Gaffron stated this type of variance approval is neighborhood. lots consist of two acres or more and whether the lent within the City. unusual, especially given the character of the Sansevere commented there appears to be a lot of distrust among the neighbors regarding this application. Sansevere inquired when the original lot line agreement was entered into, noting that a different date is listed in Nis. Goetten's letter than what is contained in Staff's report. Gaffron stated there was one special agreement that was entered into, with the agreement later being amended. I Sansevere inquired why Mrs. Goetten is opposed to this lot line rearrangement Mrs. Goetten stated the reason she is opposing this is based on principal. Sansevere inquired whether the applicant ever promised the Goettens that he would not pursue this type of application. Mrs. Goetten stated the principal regards the city's intention with their zoning. Korstad pointed out that circumstances have changed since the original lot line agreement was approved in that Lot 1 is now served or has available to it sewer that did not exist previously. Korstad stated when the agreement was originally entered into, one lot was going to be sewered and one lot was not going to be sewered. Korstad stated the availability of sewer gives a good basis for the change and it is not inconsistent with City rules. Sansevere commented he does not see a basis for not approving this application even though it changes the action of a prior council. Peterson noted she was the only dissenting vote on the Council regarding this special agreement. Gaffron stated the issue is the granting of a new lot line rearrangement to create a new lot that is less than the City's standard. i Peterson commented the dragonfly strip of land is classified as a buildable lot regardless of any action taken by the city. Gaffron stated this lot has been deemed buildable by the City and has been taxed as a buildable lakeshore lot all along. I AGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ( #06 -3196 McNAUGHTON /HAMM, CONTINUED) Peterson connnented she is leaning more in favor of approving this application since allowing the lot line rearrangement would eliminate that little strip of land. Sansevere stated the proposed lot is also not out of character with the neighborhood. Peterson stated she also had the same question for Mrs. Goetten concerning the rationale for opposing this application and that in her mind this is a better solution than what was proposed back in the early 1990s. Peterson commented she does have some concerns regarding the access and inquired whether there is a reasonable solution to the access situation. Gaffron stated the current access point that has been proposed to develop the lot was created in conjunction with a parking area. Gaffron stated a letter received from Hennepin County indicates that they have known for decades that some day access would have to be provided to this lot somewhere along County Road 15 and that they are in favor of the proposed access point. - Gaffron stated the proposed . access does not meet the City's standard for distance from an intersection but it is the best location that exists. White inquired how big the proposed residence is. McNaughton indicated the footprint with the garage is around 3800 square feet and that it is within the City's hardcover requirements. 0 White inquired how big the house could be if the outlot was not combined. Gaffron stated the house would need to be smaller. Sansevere inquired whether the applicant intends to reside on this lot. McNaughton stated it is his intent to live there, with the purchase agreement being contingent upon the approval of the lot line rearrangement. McNaughton stated since the last meeting, he did speak with the neighbors and answer their questions and that he has also recently sent a letter to each of the neighbors stating that he would not remove any trees until the building process began. McNaughton commented he is sympathetic to the concerns of the neighbors and is also in favor of some berining and trees along County Road 15. McMillan stated there are two reasons why she would like to see this outlot combined with one of the neighboring properties, and one deals with safety. McMillan stated the traffic on County Road 15 has increased significantly over the years and that the driveway onto Orono Lane is a safer access than access off of County Road 15. McMillan stated the only other spot for a driveway would be down by the lakeshore, which is not the best solution due to the hardcover and the headlights that would flash out onto the lake. McMillan stated in her opinion access off of Orono Lane is the safer option. • PAGE 6 M TES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00; o'clock p.m. ( #06 -3196 McNAUGHTON/HAMM, McMillan commented issue number two relates to the fact that outlots in general have created problems for neighborhoods due to the number of boats that can be docked at that location. McMillan commented there appears to be a lot of apprehension regarding what is going to be built on this lot, which may have created some of the concerns being raised. McMillan stated she is unsure whether some of those concerns can be addressed with this application and that she does have some concerns regarding the future of this lot. Murphy stated at the last meeting he indicated he was uncomfortable with this application because in his view the applicant is attempting to do too much and that the City and neighbors are being put at risk since the City has no reassurance that what is being proposed for this property will happen. Murphy stated he personally would feel better if the applicant owned the Hamm property. Murphy stated the special lot agreement created a unique situation. Murphy questioned the wisdom of placing a driveway in the proposed location so close to the intersection and that he would like to see other options for access reviewed. Murphy noted another substandard lot would be created with this application, which does go towards the principal of the situation. Ga -fron stated one lot would be made smaller and one lot would be made bigger but would still result in two substandard lots. • Murphy stated he might be willing to approve this application if there were no variances being granted at the same time. Murphy noted no formal plans have been submitted for the driveway and house. White indicated he agrees with the comments of Council Member Murphy and that he has the same concerns given the lack of formal plans. McMillan stated the size of the house on Fox Street would not change substantially since the outlot would not affect the size of house that could be constructed. McMillan noted the one lot currently requires a lot area variance. I Murphy stated the Council's responsibility is to determine whether a hardship exists. McMillan stated if the lot were to be built on, it would require a lot area variance as well as the Fox Street lot. McMillan stated the lot area variances are not a major concern to her in comparison to the other issues relating to this application. I Murphy stated he is not in favoring of granting ally variances prior to seeing plans for the lots. Sansevere inquired whether there are hardships that exist for each lot. Korstad stated the hardship would be the configulation that is left after the area is taken out for the county right -of -way and the sight lines, which would leave a very small building area. Korstad stated the right -of -way was not contemplated at the time the outlot was created. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. (##06 -3196 McNAUGHTON /HAMM, CONTINUED) Sansevere inquired what the hardship is to make the other lot smaller and to grant a lot area variance Korstad stated the hardship would be that you have a lake access property that is difficult to use because it has trouble meeting the LMCD requirements and has trouble accessing the other part of the property because of the county road and the regional rail right -of -way that exists. Korstad stated that lot really is two separate lots. Sansevere inquired whether that is a legitimate hardship. Brokl stated in his opinion this is not a hardship issue and that in this case the Blue Hill subdivision Lot 1 was a nonconforming lot to begin with and only through the special lot line rearrangement did it meet the City's standard for lot area. Brokl stated the city generally would not look at a separate outlot across two separate right -of -ways as being contiguous and that a hardship does not need to be demonstrated to undo the old agreement. Approval of the two variances would not be necessary at this time since those variances would be applied for at the time the applicant decides to construct on those lots and that the critical issue before the Council at this time is the lot line rearrangement. Sansevere moved, Peterson seconded, to approve the lot line rearrangement for 1391 Fox Street and 1401 Shoreline Drive. McMillan inquired whether any type of restrictions should be placed on the undeveloped plat. • Brokl recommended the Council give conditional approval at this time that does not include variances. Sansevere stated his motion does not include approval of any variances. Brokl stated a lot area variance would need to be applied for at a later time. Gaffron pointed out the existing buildability of the conforming lot would be eliminated with this approval. Murphy inquired about the driveway and whether any conditions should be placed on the driveway. Brokl stated that would be part of the building stage. Korstad stated one of the issues has been that the McNaughtons would like to be able to build on their lot and that the Council's pending action would result in neither of these lots being able to be built upon, which is a step backwards. Murphy stated the applicants would simply need to apply for a variance. Korstad stated in his view the best approval process would be for the Council to adopt the current motion, have the applicant file a plat showing the lot line rearrangement, and then file a variance application. PAGE 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00,l o'clock p.m. ( #06 -3196 McNAUGHTON /HAMM, Brokl stated he is in agreement with the suggestion, and recommended the applicants apply for an extension of the variance application to avoid the need to reapply for the variances. Brokl stated that would give the applicants time to provide the details that the Council is desirous of seeing. Brokl stated the northerly lot might in fact be close enough on the percentages to not require a variance. McMillan inquired about the applicant's agreement concerning the trees and what impact that has on the application. �J Brokl stated their variance applications would continue, which would prohibit any tree removal while the applications are pending. Gaffron questioned whether this would be an existing lot of record or whether a new lot of record would be created with the lot line rearrangement and if approval of the motion would allow the variances to be approved through administrative approval. Brokl stated it would be a new lot of record and would not be a nonconformity. Moen commented he finds it strange that there has not been a representative present on behalf of Mr. Hamm. Moen indicated he is a real estate agent and has been involved in five of the transactions on • Orono Lane over the years. Moen stated the neighborhood is a close -knit neighborhood and that exclusivity is not the object of the neighborhood :objecting to this application but rather deals with the potential concerns about what will happen on this property. VOTE: Ayes 3, Nays 2, White and Murphy Opposed. OATH OF OFFICE — POLICE OFFICER TIMOTHY SONNEK Mayor Peterson welcomed Timothy Sonnek to the Orono Police Department. Police Chief Stephanie Good administered the oath of office to Timothy Sonnek 4. #05 -3097 HASHEM ABUKHADRA,1;745 FOX STREET — FINAL PLAT — RESOLUTION NO. 5486 Hashem Abukhadra, Applicant, and Mark Gronberg, Surveyor, were present. Gaffron stated the applicant is requesting final approval for the plat of Fox Island, creatin g six residential lots, including construction of a private road, stormwater management facilities, and improvements to Fox is Street. A new private road and outlot would bereated with this application and the City has previously PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ( #05 -3097 HASHEM ABUKHADRA, CONTINUED) allowed property owners to name the private road and to have the addresses off of that road. The applicant has requested he would like to have the six lots addressed off of Fox Street. Gaffron stated there are a number of private roads with outlots in this area that do not have easements and that there are a number of existing residences that have their address off of Fox Street. Gaffron stated it would be critical that a sign board be maintained at the entrance to the property listing each address and that at each driveway a name plate also be erected. Gaffron stated the Code does give the option to name a road, which may inherently give the applicant the right not to name a road. In addition, the applicant is proposing to construct a new residence on Lot 1 and has requested that he be allowed to use the existing driveway. Gaffron indicated generally the City Code states that a new house cannot be started until the road 'is substantially in place in order to accommodate emergency vehicles and that the road is considered to be substantially complete at the stage when the first lift of asphalt is applied. Gaffron stated there is a wide enough corridor to access the property but that one of the concerns with allowing this road to be used during construction is the possibility that construction traffic would be parked along one side of the driveway and result in a situation where there might not be ample room for the emergency vehicles to access the residence. Gaffron stated suitable access would have to be provided. Kellogg stated he is in agreement with Planner Gaffron's comments, which is the reason for requiring the base coat prior to construction on the home commencing. Brokl stated from a legal point of view, this would be a policy question for the Council. • Murphy inquired whether there is a difference in what has been allowed in the past and this situation given the fact that there is an existing road. Gaffron stated on Creekside the issue was that there was not a road built to the residence during construction, which would result in emergency vehicles not having access in the event of a fire. In this situation, there is a concern that the road leading to this residence may be blocked by construction equipment. Murphy inquired whether there is already an existing driveway and house further to the east that has access at the end of the driveway. Abukhadra pointed out the carriage house is located in this vicinity. McMillan inquired whether there is an area available where construction vehicles could be parked. Abukhadra stated there is a good deal of space available to park vehicles to avoid the need to park along the driveway. Peterson inquired how the Council feels about the lots having a Fox Street address. Murphy and McMillan indicated they are not opposed to having the addresses be off of Fox Street. • PAGE 10 • 0 • MINUTES OF TAE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ( #05 -3097 HASEEM ABUKHADRA, Abukhadra stated they would erect a sign listing the addresses at the end of the road. McMillan commented that it might be necessary to have the mailboxes at the end of the driveway if the post office indicates they will not drive down the road to each different residence. Gaffron stated the resolution is blank regarding the name of the street, which would need to be changed, and that language would need to be incorporated into the resolution reflecting that the addresses will be off of Fox Street. I Gaffron recommended the Council handle Murphy recommended that a parking plan be construction. to the residence in the development agreement. tted to the City illustrating the parking during Brokl suggested the Council approve the subdivision and /or final plat with the understanding that the outlot would not be named and to direct staff and the city engineer to work with the applicant to resolve the parking issue while construction is ongoing. I If an agreement is not reached, the City's standard policy would need to be followed. Gaffron pointed out Item 5 on page 3 states that no building permits will be issued until all drainage facilities, improvements, and satisfactory road base have been installed, which would need to be changed if the existing road is allowed to be used during construction. McMillan inquired how long the improvements Abukhadra stated they would like to start bi; they would like to start construction prior to Street would take approximately two days. Brokl stated the change to allow Fox Street in one motion. Fox Street would take. the house at the same time the road is built and that if possible. Abukhadra indicated the work on Fox and the change to Item 5, Page 3, could be handled Murphy stated Exhibit B depicts the entrance to the new road and questioned whether the new road would be curb and gutter. Murphy requested curb and gutter not be provided from the right -of -way line out to Fox Street. Murphy noted Fox Street has been designated as a scenic roadway and that curbs and gutters detracts from that. I - Gronberg stated they are happy to remove the on their plans. Gaffron inquired whether the Watershed and gutter in that area and would reflect that change requires the collection of the water from the street. 'AGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ( #05 -3097 HASHEM ABUKHADRA, CONTINUED) Gronberg stated the curb and gutter was a requirement of the City and that they could eliminate the curb and gutter for the first 50 feet of the road. Brokl recommended the change to the curb and gutter be added as a condition of approval. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5486, a Resolution approving the plat of Fox Island, with the resolution being amended to reflect that the residences would be allowed to have their addresses off of Fox Street and with the condition that the first 50 feet of curb and gutter on the private road would be eliminated. VOTE: Ayes 5, Nays 0. 6. #06 -3201 DAVID CARLSON OF WILSON MANAGEMENT FOR :CHARLIE THOMPSON, 875 WAYZATA BOULEVARD WEST — COMPREHENSIVE PLAN AMENDMENT David Carlson, Applicant,, and Steve Johnston were present. Gaffron stated this item was tabled at the June 120' meeting when a full council could be present since the comprehensive plan amendment requires a four -fifths vote. The applicants are requesting an amendment to the comprehensive plan to allow development of this site at an urban residential density of two units per acre to accommodate six 2 -unit townhomes. The property is currently guided for rural residential use at a density of one unit per two acres. Carlson stated they have discussed this application amongst themselves since the previous Council meeting and that they have revised their plans from a two -unit building to a detached townhome. Carlson stated the property would still be marketed to the empty- nester, with eight homes in the upper portion and one home near the entrance. Carlson pointed out all of the homes now meet the 20 -foot wetland setback, which is outside the wetland buffer. Carlson stated the objective of the plan was to lessen the density and to meet the setback requirements of the City. Carlson explained the rationale for eliminating the two -unit townhomes and going with single units. Carlson noted the exact same floor plan is being utilized that was originally proposed for the two -unit townhomes. Sansevere commented that it is refreshing that a developer listens to the concerns of the Council and revises their plans. Murphy inquired how this development would track conceptually with other developments the Council has approved. Gaffron stated the development south of the fire station on Willow Drive was reguided to allow single - family, two to three units per acre. 1 • PAGE 12 • • • MINUTES OF THE ORONO CIT. � COUNCIL MEETING Mondly, July 10, 2006 7:00 o'clock p.m. ( #06 -3201 CHARLIE THOMPSON, Carlson stated there would be 1.4 units per dry acre and would be under one unit per acre if the total acreage is included. Gaffron commented the density would roughly be the equivalent of a three - quarter acre lot and would be consistent with some of the other developments approved. Gaffron questioned how close the setback to the this plan tonight. Murphy stated house number nine appears to be not an issue in his mind. White commented the developer has done a and buffers being proposed. Sansevere inquired why house number nine is depicted in the old plans. Johnston stated they were required to angle McMillan stated in her view this is a more better. Line should be. Gaffron noted he has only seen closer to the Luce Line than his house and that it is job with his proposal and that he likes the lower density parallel with the Luce Line rather than angled as number nine in order to fit it in on the first plans. product than the original proposal and fits the site , McMillan stated her concern relates to the language in the comprehensive plan and how to best reflect this change in density. McMillan stated she would like to retain the 1.5 density and floor area ratio being proposed tonight. Gaffion stated in the agreement regarding Outlot A of Stonebay, certain parameters and performance standards were specified, which could be done m this situation. Murphy noted the entrance off of Highway 12 is Murphy inquired whether the current access con . Johnston indicated it would be. Gaffion recommended Council direct staff to consideration by the Council at its August me application. being discussed and is not resolved at this point. ation would be utilized. comprehensive plan amendment language for and to either give conceptual approval or table the Johnston requested the council take some formal Iaction approving this plan and type of use for the site, which would allow them to proceed forward witk, the process. Johnston stated they would like to begin construction this year. I PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. • ( #06 -3201 CHARLIE THOMPSON, CONTINUED) Gaffron stated the change to the comprehensive plan would need to be approved by the Metropolitan Council, which he does not anticipate to be a problem, but that it would still be approximately a month before the Council could take any action on it. Gaffron stated the Planning Commission would hear the development application after that. Peterson moved, McMillan seconded, to direct Staff to draft language amending the City's Comprehensive Plan for 875 West Wayzata Boulevard. VOTE: Ayes 5, Nays 0. 7. #06 -3204 CHAD M. LINDBLOOM, 2690 RAINEY ROAD — VARIANCE Chad and Julie Lindbloom, Applicants, and Mark Warren, Builder, were present. Curtis stated the applicants are proposing to construct a garage addition and a detached accessory storage building, both on the east side of their property which abuts a private road,outlot, owned by the homeowners association, with underlying road easements to the City for possible future connection to Gander Road. The applicants are requesting a variance to allow the construction of a garage addition to be located 30 . feet from the east lot line rather than the required 50 feet. The applicants have also proposed a detached 14' by 17' storage building to be located 10 feet from the east lot line. The Planning Commission voted 4 -1 to recommend approval of a side setback variance to allow no less than a 30 -foot side setback for both projects. The dissenting Commissioner felt that there were not hardships justifying the granting of variances.. Planning Staff continues to recommend denial of the side street setback variances for the home addition and denial of the variance for the detached accessory structure to be built within the side street yard as stated within the Planning Staff report. Lindbloom stated they have been working with Ben Johnson the past few months, who in turn has been working with the City. Lindbloom stated it was not until they completed the final design and hired a builder that they were informed of Outlot C. Lindbloom indicated at that time they re- examined their plans to see if there were some modifications that could meet their needs as well as the City's setback requirements. Lindbloom stated based on the location of the current house and the other setback requirements, there is no space available elsewhere to locate the building. Lindbloom stated other properties have been allowed similar outbuildings. The current configuration of the house and the location of the driveway makes it difficult to locate the house elsewhere. Lindbloom stated the addition of the building would not prevent the City from constructing a road in that area and that they would keep the heavily wooded area as is. • PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ( #06 -3204 CHAD LINDBLOOM, Murphy stated periodically other people have made statements similar to the connnents that are reflected in Mr. Warren's letter. Murphy questioned whether Staff would indeed have allowed such latitude. Curtis stated the outlot might not necessarily be called out on the City's maps and that she cannot speak to that issue. Lindbloom indicated he spoke with Planner Curtis stated she would not have made that mistake with the Rl -A zoning district map since she does not utilize that zoning map and that the applicant's designer may have made that mistake off of the zoning map contained on the City's web site. I Warren stated it is not their intent at this time to lave the discussion focus on the misinformation, and that had they had the proper information, they would, have made the variance application prior to completing all the planning. Warren stated they are not attempting to make the variance application based on the mistake that was made. Warren stated even in retrospect this is the best plan for the site. Murphy stated the request is the same regardless' of the misinformation. Warren stated he did meet with Planner Gaffron ,l that Planner Gaffron gave the plat a cursory look, and • that it was not apparent from the plat that the outlot had the easement. McMillan inquired whether the applicants are claiming the misinformation as a hardship. Warren indicated they are not claiming that as a hardship but would rather have appeared before the Council earlier in the process regarding the variance prior to all the design work being completed. Sansevere inquired what the hardship is. Warren stated in his opinion the hardship is that the building cannot be located in another spot due to the setbacks and the location of the septic system and can only be built to the east. Sansevere commented sometimes certain structures cannot be built on a particular lot. Sansevere inquired whether those items listed by the applicant's builder are legitimate hardships. Curtis stated she does not feel those are legitimate hardships and that there is a reasonable buildable area on the property that the applicants could design a building to fit into. Sansevere inquired whether the driveway could be tapered. Lindbloom stated the garages are end - loading • Gaffron illustrated the access into the garages. AGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ( #06 -3204 CHAD LINDBLOOM, CONTINUED) White questioned whether the City would ever build a road in that area. Curtis stated if no road were ever constructed, the wooded buffer strip would be maintained and the required setback would be 30 feet for the principal structure. Julie Lindbloom stated they would then approach the homeowners association to purchase that outlot since they are the only property that borders that outlot. McMillan inquired about the history of the outlot. Gaffron stated when Gander Road was created, the plat of Rainey Road was created with opposing cul -de -sacs to the north and west. At that time the City felt it made sense to provide an outlot in order to possibly attach those corridors in the future. Gaffron stated if the homeowners association requests the City to take over maintenance of the road, the City would prefer to have a through road to allow for better access and easier maintenance. Gaffron stated if the road were not there, there would be a 30 -foot setback. Gaffron stated the City has not had any previous applications identical to this application nor have they had situations where the City has connected two opposing cul -de -sacs. Gaffron stated the neighbors do not want the connections. From a long -term planning perspective, Staff would not support a setback less than 50 feet. • Murphy inquired where Outlot B currently ends. Curtis indicated it is midway to the lot. Gaffron stated the last page of the Staff report provides a better depiction of the layout of the lots and the location of the outlot. White moved to approve a 30 -foot setback variance for the proposed addition rather than a 50 -foot setback for the property located at 2690 Rainey Road. McMillan inquired what the hardship would be. White stated short of tearing down the house, it would be difficult to place a structure on the lot. Peterson seconded the motion. Murphy inquired how that motion would impact the City's ability to construct a road in the future. Gaffron stated the City would still be able to construct a road in that area but that the setback to the building would be lessened. is PAGE 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:001 o'clock p.m. • ( #06 -3204 CHAD LINDBLOOM, CONTINUED) Sansevere inquired whether the outbuilding would be eliminated. Lindbloom stated they would probably not proceed with the project if that outbuilding would need to be eliminated. Julie Lindbloom stated they would like to meet with their architect to discuss their options. Lindbloom stated the outbuilding does have a Iof to do with the design of the front of the house. McMillan inquired what the setback is for detached buildings. Gaffron indicated there would be a 50 -foot White rescinded his motion. McMillan suggested the applicants look at reducing the setback variance as much as possible. Sansevere stated he would like the applicants to demonstrate a hardship prior to approving any encroachment. Warren stated the hardship would be based on the features unique to the property and past approvals by the Council on similar buildings. White moved to approve a 30 -foot setback. MOTION DIED FOR LACK OF A SECOND. Sansevere recommended the applicants speak with Mr. Nelson regarding the information received by Staff. Warren stated in his opinion the wrong question was asked. McMillan moved, Peterson seconded, to table I App lication #06 -3204, Chad M. Lindbloom 2690 Rainey Road. VOTE: Ayes 5, Nays 0. Julie Lindbloom stated there are neighbors present that are willing to speak in support of this project. Herbert Kahler, 2725 Rainey Road, indicated he has lived at his property for 16 years and that he is in support of this project since it would enhance the neighborhood and increase the value of his home and the other homes in the neighborhood. I Kahler stated he is troubled by the easement that is on the outlot and the great concern that the Council has with it. Kahler stated if the City ever connects those two roads, they would be cutting off the corner of the intersection of Fox Street and Old Crystal Bay, which would greatly increase traffic in this • neighborhood. Kahler stated cul -de -sacs have been demonstrated to be safer and experience less crime PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. U ( #06 -3204 CHAD LINDBLOOM, CONTINUED) than through streets and that connecting the two cul -de -sacs would be devastating to the neighborhood and detrimental to the neighbors. Kahler encouraged the Council consider the reality and logic of the situation rather than just the principal. Kahler noted the Council was not asked to vacate the easement and that the Council should, in considering the application of the setback rules, conclude that the road should never be built. Sansevere stated the applicants are asking the City to essentially view the outlot as their property and that it is the City's practice not to allow that. Sansevere stated other residents have asked the Council to consider outlots as their property and that those applications have been denied. Kahler stated the Council still should consider the logic of the situation. McMillan stated the City is not looking at connecting those roads at this time but that they do not know will what happen in the future. McMillan stated they have to respect the code governing that outlot. Sansevere stated if there was a legitimate hardship, the outlot would not need to be discussed. Lindbloom stated unique characteristics of the land should be considered and the fact that there is no other location for the building. • Jurgens indicated he was the dissenting vote on this application and that he did not see a hardship for granting the encroachment. Jurgens stated the consensus was that the structure was not a detriment to the neighbors. Lindbloom reiterated this is the most logical place for the building and that the plans were made not knowing about the easement. Julie Lindbloom inquired whether they would need to demonstrate a hardship if they request a 30 -foot setback. Sansevere stated they would need to demonstrate a hardship and that he does not feel it is appropriate to use the outlot as their property in determining setbacks. Lindbloom commented it is very unlikely that the outlot would be used for anything. Julie Lindbloom stated the outlot belongs to the homeowners association. Lindbloom inquired whether a side setback has ever been denied. Gaffron stated he would have to research that and that he does not recall any at this time in the two -acre zone. • PAGE 18 0 • • MINUTES OF THE ORONO CITE COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. (306 -3204 CHAD LINDBLOOM, Rich Wysocki, 2770 Rainey Road, stated he is in support of the project. Patrick and Kristen Burton, 2601 Rainey Road; indicated they are also in support of this Susan Vickerman, 2685 Rainey Road, (Recess takenfrom 9:45 — 9:48 p.m.) *8. #06 -3207 RICK AND JULIE KRIEGER, 355 STUBBS BAY ROAD NORTH — CONDITIONAL USE PERMIT — RESOLUTION NO. 5487 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5487, a Resolution granting a conditional use permit for the property located at 355 Stubbs Bay Road North. VOTE: Ayes 5, Nays 0. 1 9. RYAN COMPANIES US, INC. ON BOULEVARD WEST — SUBDIVISION /C( USE PERMIT (SKETCH PLAN) Mark Nordland and Steve Swanke, RLK; Gen present. Mark Nordland indicated they are requesting ap] The existing 96,000 square foot building would: the new buildings on the site. Nordland stated tl would blend in with the existing building. Ryan building, remove the small office building, whic. add three additional office /warehouse buildings. the small office building and renovation of the e: construction of the office /warehouse buildings. Nordland stated the renovations on the existing b they would like to construct the first phase of the on the corner or the back building, depending on construct both buildings next year. Nordland staff following the demolition of the existing building. OF VCI CAPITAL, 2765 WAYZATA CAL SITE PLAN REVIEW /CONDITIONAL ton, Rob White, Jason Meyer, Ryan Companies, were oval of a Class III subdivision of four industrial lots. main and be renovated in an effort to harmonize with warehouses would utilize a higher finish product and ;ompanies requests approval to renovate the existing was originally a house, and the "butler" building, and to [he phasing of the project would involve the removal of sting building at the start of development, followed by ling would be commenced this fall and next spring >ject, which would be the 40,000 square foot building market. Nordland indicated it is unlikely they would the third building would be constructed in 2010 PAGE 19 . MINUTES OF TAE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. • (RYAN COMPANIES, CONTINUED) Murphy inquired what the plan is for the building housing the mailing business and the upholstery business. Nordland stated the mailing operation is no longer there and the upholstery shop's lease runs until spring, 2007. At the time ABC vacates its space in that building, renovation of the building would be completed. Nordland stated the final building would be constructed in 2010, with the current access off of Wayzata Boulevard being moved to straddle the property line and shared with the adjoining property. Nordland stated it would be difficult to operate the building prior to the road being built if the access were restricted immediately. Murphy inquired whether the lease also includes the boat storage on the back portion of the lot. McJilton stated she would need to check the lease. Nordland indicated they would obtain that information prior to the next meeting. Murphy stated they might not be able to do anything with the access until the highway project is completed. Nordland stated Ryan is requesting a sketch plan review and will be appearing before the Planning • Commission in July and the City Council in August. Nordland stated the plan is consistent with Orono's Comprehensive Plan and the newly adopted Industrial Ordinance. Nordland stated a variance is being requested to allow for a 50 -foot right -of -way and a conditional use permit for the building materials for the larger building in the back. Nordland indicated the conditional use permit will fully comply with the requirements of the ordinance and would allow the Ryan Companies to utilize the same features, textures and colors that are used in the front two buildings. Nordland indicated the proposed materials are depicted on the boards. Nordland stated the back building cannot economically support more brick and that the existing facility will never be as nice as the newer buildings. Sansevere inquired whether the existing building would harmonize with the rest of the buildings. McJilton displayed the materials that would be used on the two smaller buildings and the scheme for painting the existing building. McMillan inquired whether more detail would be utilized on the south building located on Old Crystal Bay Road. Nordland stated they do have elevations of each building. PAGE 20 • C� • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. (RYAN COMPANIES, CONTINUED) McJilton stated there would be substantial glass at the corner of the building. McJilton displayed the conceptual elevations for the buildings. Nordland stated Ryan Companies would be requesting a variance to the 70 -foot right -of -way because the 70 -foot right -of -way in their view is not practical or necessary in this situation. The actual width of the roadway would remain the same with either right-of- -way. Nordland indicated the location of the road is being dictated by the existing building and would accommodate the larger over -the -road trucks. Nordland indicated it is not possible to have a 70` -foot right -of -way and still be able to construct a building south of the road that would be able to attract suitable tenants. Nordland pointed out that the Morrie's Automotive site would also not be able to accommodate a 70 -foot right -of -way. Nordland stated other issues mentioned by staff are the right - in/right -out and drainage, with Council requesting a new study regarding offsite drainage. Nordland stated they hope to have that issue resolved in the near future. Murphy stated he is in general support of what has been presented so far, but that he has some concerns regarding the drainage. Murphy stated the City leas b- een working for the last couple of months with the City of Long Lake on determining whether Kenobi Pond can handle the runoff for this area because the design work for the pond was done before all the Ichanges have been made to the industrial area. Murphy stated the City has serious concerns regarding whether the pond is able to hold the water and how the water is diverted to the pond and that he has a concern with the water running across Morrie's property. Murphy stated he also has a concern with the progress of the highway project and that he would be reluctant to give final approval on anything until the drainage issues are resolved. Murphy stated his second issue relates to the road. Murphy stated he is unclear what the width of the road right -of -way is on Industrial Boulevard in Long Lake. Gaffron stated to his understanding they have a Murphy stated he would like to hear what the right -of -way. White stated the concerns raised by Council Me development. White inquired whether the turn- right -of -way and a 40 -foot road. are to Ryan Companies in having a 70 -foot Murphy are the same concerns he has with this group feels the pond is not large enough. Murphy stated it has to do with the issues that Morrie's property has been dealing with and the need for the City to understand how much water is going to be diverted to that pond and the route that the water runoff would take. Murphy stated another issue is the rate of runoff. Murphy stated those issues should be resolved prior to this application being approved. Murphy stated it does not take a 100 -year flood event before the ponds in Long Lake are full to capacity and that the amount of hardcover being proposed, for this site could exacerbate the problem. GE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. • (RYAN COMPANIES, CONTINUED) McMillan concurred that drainage is an issue. McMillan inquired whether the ditch in the front would be utilized. McJilton stated they would be utilizing both the ditch in the front and the ditch in the rear. McJilton stated they have submitted all of their information to the City. Murphy stated it is the City's responsibility to find out whether all the drainage pieces are going to work together. McJilton stated they have also included Morrie's property in their study. - Murphy stated he does not believe that there is a watershed issue on this property. McMillan inquired whether the applicants are comfortable with the right - in/right -out access. McJilton stated they would like to see a full access at that point. Nordland stated if the front building were constructed first, you would not be able to take a left turn into the property. Nordland noted they have done a traffic study that shows a full access is"workable at this location. Kellogg stated they are not in support of a full access and that the options are to have the northerly Old Crystal Bay Road access be a right - in/right -out or to have a center turn lane on Old Crystal Bay Road. Kellogg indicated there is enough room for a turn lane southbound into the property. Swanke stated to accommodate the stacking for a full access, a left turn lane could be utilized. McMillan inquired about a left turn lane going out of the property and stacking. Swanke stated they do not anticipate a lot of traffic going south. White requested Ryan Companies explain the rationale for the 50 -foot right -of -way. Nordland stated the 50 -foot right -of -way would allow space for better access for the larger trucks to the back building. White inquired what the disadvantages are with the 70 -foot right -of -way. Turner indicated you would lose ten feet of green space on each side of the roadway. Turner stated the back building could be shifted ten feet south, which would allow for more green space near the roadway. McJilton stated they would run into issues with screening if the project were shifted over. McJilton stated • they did look at that option. PAGE 22 • C, • MINUTES OF THE ORONO CITY+COUNCIL MEETING Monday, July 10, 2006 7:00'oIclock p.m. (RYAN COMPANIES, CONTINUED) Sansevere inquired whether reduction in the size;of the buildings was considered. McJilton stated the depth of the building at 120 feet is a minimum for this type of structure. McJilton stated they would be fine with eliminating the L but that they would require at least 120 feet of depth for this type of structure. Nordland stated if the size of the building would be reduced, the ability to find tenants would be very difficult and that a 50 -foot right -of -way is fairly standard in other cities for this type of roadway. Sansevere commented a 50 -foot right -of -way is not common for Orono and that it may be necessary to shrink the size of the buildings. I Peter Johnson, Morrie's Automotive, stated they have some limitations on their site in terms of getting a roadway up to Wayzata Boulevard. Johnson indicated they would lose a whole row of parking if they are required to have a 70 -foot right -of -way and that they would also experience drainage issues because they would lose their ditch system with a 70 -foot righi -of -way. Johnson stated they have 66 feet currently between the asphalt and the property line. I McMillan inquired whether the drainage ditch currently could handle a 100 -year flood. Johnson stated the water runoff would overflow the ditch but would not surface drain into the building. Instead, the water would back up through the storn sewer and they would experience flooding of their dock. Johnson stated that system does not function well enough to handle a 100 -year rain and would require a considerable amount of maintenance if i eft as is. Johnson stated they do not have any immediate plans to subdivide but that they would like possible subdivision of their property to be considered as the road is designed. Johnson stated the ditches along the south and east are fairly flat. There is not adequate storage and that the excess runoff would flow onto Morries property. Johnson stated Mn/DOT has recently told them that the ditches along the south and east have to be lowered. Murphy recommended the parties work together Mn/DOT. Moorse pointed out the landscaping in the nortl sections of the property. Moorse suggested the should be changed. resolve these issues with the City Engineer and corner is different than what is proposed for other icil consider whether the landscaping in that area White stated he personally does not have a problem with the 50 -foot right -of -way given the impacts to the marketability of the building and the truck access. Sansevere stated he personally does not want to approve a 50 -foot right -of -way simply because of economics. AGE 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. (RYAN COMPANIES, CONTINUED) • Nordland indicated Ryan Companies is willing to work with the City on the right -of -way and the other issues and that they have designed buildings that attract good employers. McMillan stated if the existing building is dictating what happens with the right -of -way, it would go to a hardship. McMillan suggested some of the parking spaces on the north side of the new street be removed and turned into green space until a need is demonstrated for more parking spaces. Nordland stated they often have used that option whenever possible. McMillan stated she would like to see more green space created wherever possible. White commented Morrie's also has the same problem with having a 70 -foot right -of -way and that the City should look at other options. Murphy stated it is too early to decide whether a 50 -foot right -of -way is appropriate for this area. The City has created standards for a reason and that the applicant should demonstrate more reasons for having a 50 -foot right -of -way. Sansevere stated there is a difference between commercial development and residential development. Sansevere commented that residential development is held to strict standards and that homeowners are required to demonstrate a hardship for a variance, which should also be the case with commercial development. Sansevere stated the commercial developers should also have to demonstrate a legitimate • hardship. Nordland commented they could also do a private driveway into their property, which would not benefit the adjoining property. Murphy stated they are attempting to achieve some connectivity through the industrial park and that the City should be clear about what it wants to see for this area. McMillan stated one option is that a portion of the existing building could be removed. White requested the Council discuss the landscaping in the northeast corner. McMillan stated she would like to see additional landscaping in that area. Nordland stated as the parking lot is expanded, they would be amenable to adding more landscaping in that area. Nordland stated they would like to avoid planting trees only to have to remove them later when the parking lot is reconstructed. White inquired when the 70 -foot roadway width standard was established. Gaffron stated the 70 -foot roadway was established in the 1970s. The City Council took no formal action on this application. PAGE 24 • • MIN`YTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00: o'clock p.m. MAYOR/COUNCIL REPORT White commented there, was a nice article recently in the Pioneer Press concerning Big Island. Murphy noted Governor Pawlenty is scheduled to be here on Wednesday, July 19. Murphy stated he has recommended to the Governor's Staff that the Governor dedicate Big Island Park and the Governor's Office has indicated they would draft a declaration document to that effect. Murphy recommended that the day camp students become involved in the Governor's visit in some fashion. Murphy reported the Big Island Park's water shut-off valve was turned off, which resulted in the restrooms being out of operation for a period of time, until the valve was turned back on. Sansevere stated he would like the City to make public the fact that they are going to prosecute the recent break-ins to the full extent of the law. White recommended the power lines be buried iri connection with the road expansion of Ivy Place. Peterson inquired what roads would be sealed. Kellogg stated a map depicting the roads is a Peterson inquired who would be repairing Briar. Moorse stated the City probably would be repairing the road. White inquired about the progress on the Navarre Fire Station. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *10. AWARD OF 2006 LIABILITY AND WORKERS COMPENSATION INSURANCE PACKAGE Murphy moved, Sansevere seconded, to award the 2006 insurance package effective January 1, 2006, to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $82,407; comprehensive municipal property and casualty package, $77,284; umbrella excess liability, $19, 702; open meeting law, $484;boiler and machinery, $2,022; surety bonds, $827; and golf court liquor liability, $563. VOTE: Ayes 5, Nays 0. *11. ACCEPT DEPARTMENT PUBLIC SAFETY ALCOHOL ENFORCEMENT -GRANT Murphy moved, Sansevere seconded, to accept the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division Grant for $1,200 for enforcement of underage drinking laws. VOTE: Ayes 5, Nays 0. *12. DIGITAL VIDEO — INTERVIEW ROOM — RECORDING SYSTEM (CCTV) • Murphy moved, Sansevere seconded, to approve the proposal from Floyd's Total Security to furnish and install a CCTV system as specified in the Floyd, "Scope of Work" outline of June 19, 2006, quoting a price of $2,462.75. VOTE: Ayes 5, Nays 0. *,13. ACCEPT RESIGNATION OF SERGEANT KURT ERICKSON Murphy moved, Sansevere seconded, to accept the resignation of Sergeant Kurt Erickson effective January 15, 2007. VOTE: Ayes 5, Nays 0. *14. STREET CRACK SEALING QUOTES Murphy moved, Sansevere seconded, to accept the price quote of $.949 per pound by Precision Sealcoating, Inc., for crack sealing of city streets, with a total cost not to exceed $13,800. VOTE: Ayes 5, Nays 0. L� PAGE 26 I • MINUTES OF THE i ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:0 o'clock p.m. CITY ATTORNEY'S REPORT Brokl reported that the Toni Brooks' driveway is now in and that a physical access has been put in, Kellogg inquired whether the new roadway is Brokl stated it is. *15. LICENSES GARBAGE HAULER 1. Blackowiak & Son, Inc. Rolloff Service 1195 Sunnyfield Road North Mound, MN 55364 2. Veit Container Corp dba Veit Disposal 14000 Veit Place • Rogers, MN 55374 SPECIAL EVENT • the existingeasement. 3. Applicant: Maurice Taylor Event: Wedding Location: 550 East Long Lake Road Date: August 26, 2006 Time: 8:00 p.m. —11:00 p.m. 4. Applicant: John Thomas Custom Homes, Inc. Event: 2006 Fall Parade of Homes Location: 645 Old Long Lake Road Date: September 9 — October 8, 2006, Thursdays through Sundays Time: Noon — 6:00 p.m. Murphy moved, Sansevere seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *16. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0. AGE 27 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 10, 2006 7:00 o'clock p.m. ADJOURNMENT Sansevere moved, Murphy seconded, to adjourn the City Council meeting at 11:08 p.m. VOTE: Ayes 5, Nays 0. ATTEST: y� Linda S. Vee, City Clerk Fotarbara A. Peterson, Mayor PAGE 28 • •