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HomeMy WebLinkAbout07-12-1999 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, Bob Sansevere, and Barbara Peterson. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, City Engineer Glen Cook, Public Services Director Greg Gappa, Zoning Administrator/Planner Paul Weinberger and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) PUBLIC HEARING - FOX RIDGE SEWER PROJECT A. ORDER PLANS AND SPECIFICATIONS FOR FOX RIDGE SANITARY SEWER PROJECT - RESOLUTION NO. 4317 Jabbour pointed out that this is not an assessment hearing. This hearing is to order plans and specifications only. He pointed out that the city has a very attractive bond rate and there is a $4,500 allowance for a grinder station for each resident. The $4,500 could either be included in the assessment with a check issued to the property owner, or the assessment could be reduced by $4,500. Gappa stated that Glenn Cook would give an overview of the project. He said that there was a meeting with the neighbors to talk about the project. A pressure system is being proposed because a gravity sewer option was very expensive at $33,800 per unit. The neighbors decided • they would rather have a pressure system at $21,100 per unit which includes a $4,500 allowance for residents to purchase their own grinder station. Glenn Cook, City Engineer, said this project will provide sewer service to nine residential units. He showed a diagram of the project and explained the proposal. The cost of the project would be approximately $190,000 or $21,100 per unit. He said the flow would be pumped up to Watertown Road in a single force -main. There will be a 2 -inch on Fox Ridge and a 3 -inch force -main on Brown Road. Jabbour asked if the $190,000 was an estimate provided by the City Engineer's office. Cook said it was an estimate based on previous bids. Mark Headrick, 1850 Fox Ridge Road, said he is concerned about the cost of the project. He said the residents were presented with two options, the gravity system and the pressure system. He said they chose the pressure system because it would cost less than the gravity system, but they feel the cost of the pressure system is still too high. He thinks that other neighborhoods have paid less for sewer service. He said the cost of the project is disproportionately high when compared to the value of the homes. He asked why the nine residents will have to pay for the line that runs along Brown Road because there will be homes in the area hooking up to the system later that will obtain the benefit of the sewer line. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 ( #1) PUBLIC HEARING - FOX RIDGE SEDER PROJECT -Continued is Jabbour explained the cost is based on many variables. He explained the City's policy on sewer assessments. He gave examples of other areas where the cost of installing a sewer line was very high compared to the value of the homes. Headrick said he thinks houses that are worth more should pay more. He said it is unjust that future homes will hook into the sewer on South Brown Road and the present homeowners have to pay the entire cost of the line along South Brown Road. He feels the nine homeowners should not pay for the line along South Brown Road or they should pay a reduced amount that is more fair. Sansevere asked Cook to show where the sewer will run along Brown Road. He asked if the cost of sewer to future homes along Brown Road will be less because the line is already installed. Cook said their cost will be lower. Kelley said there is a policy question on whether the City should pay the cost of the main line. He agrees with the neighbors that the residents should not have to bear the entire cost of the main line. He said the Council has not addressed this question before. He feels the line should be big enough to accommodate future development and the present homeowners should not have to pay the entire cost of the line. He is concerned about long -term planning of the sewer system. Sansevere asked how far the line would go. Cook said it will run approximately one -half mile or 2,600 feet. He said that section adds approximately $65,000 or approximately $7,000 per unit. Jabbour said there is a question on how many more homes can be connected to this line. If it requires too big a pipe, they will have to dig the pipe in rather than use directional boring which will add to the cost. He asked how large a pipe can be used with directional boring. Cook said that a three -inch line would accommodate future development and it can be installed using directional boring. A three -inch line would add approximately $5.00 per foot to the cost. Flint said he favors planning for future development, but it is difficult to determine who should pay the costs. Jabbour warned that the Council members should not make a decision based on one site because they will be setting a precedent. i Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 • ( #V PUBLIC HEARING - FOX RIDGE SEWER PROJECT - Continued Ray Hack, 1995 Fox Ridge Road, feels there are homes north of them on either side of Brown Road that have septic systems that may not be in compliance. He feels they should be included in the project to bring the costs down. Jabbour explained that those houses are outside the MUSA line and since they have not petitioned to be included in the project, the City cannot force them to hook up to the sewer system. Margaret Cost, 255 South Brown Road, said a new septic system was installed on her property in 1995 and it is in compliance. She has requested not to be included in the project. Ellen Polansky, 1900 Fox Ridge Road, said that all the neighbors, not just Mr. Headrick, are concerned about the cost of the project. . Kelley moved, Peterson seconded, a motion to approve Resolution No. 4317 Ordering Preparation of Plans and Specifications for Fog Ridge Area Sanitary Sewer Improvements. VOTE: Ayes 5, Nays 0. ( #2) CONSENT AGENDA • Items 4, 6, 7, 8, 10, and 13 were added to the Consent Agenda. Kelley moved, Flint seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. Gregg Klohn was present and asked to discuss Item 4, 4455 North Shore Drive. Kelley moved, Flint seconded, a motion to remove Item 4 from the Consent Agenda. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF JUNE 28, 1999 Kelley moved, Flint seconded, to approve the Minutes of the Regular City Council meeting of June 28, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No comments. 0 Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 PLANNING COMMISSION COMMENTS • Jay Nygard, Planning Commission Representative, had no comment. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT (#4) #2488 GREGG AND THERESA KLOHN, 4455 NORTH SHORE DRIVE - VARIANCE Gregg Klohn, Applicant, reviewed a diagram of the site. He proposes to construct a 14' x 24' garage that would replace a garage and storage shed. The garage construction would add 151 s. f. of hardcover for a total of 35.5% hardcover. At a minimum, he would like to reconstruct the 10' x 18' garage that was destroyed in the May 1998 storm. He said the Planning Commission voted to deny his application. Weinberger said the garage that was located near North Shore Drive was destroyed in a storm in 1998 and a small shed was also damaged. He said Mr. Klohn would like to build a larger accessory building with a garage door on it that would replace the two buildings. The Planning Commission had discussions about other locations on the property. Staff had made • some recommendations that Mr. Klohn look at another portion of the property to locate the garage. Some of the drawbacks of relocating the garage are the location of a utility pole, additional hardcover, topography of the lot and the location of a well. Klohn said he would like to push the garage back further, but that would require removing trees which he does not want to do. Jabbour said he understands the decision of the Planning Commission. Klohn said that, at a minimum, he wants to rebuild a 10' x 18' garage, even though it would not be big enough for a vehicle. Jabbour suggested that Klohn build a longer garage, placing one car behind the other. Klohn said that plan would require a great deal of excavation and would increase the hardcover. Jabbour said it could be built over the existing cement slab and it would keep the existing roof line, but it is an undesirable garage. Kelley said he believes everyone should have storage for two vehicles and he is in favor of • allowing the applicant to replace the garage that was destroyed and incorporating the size of Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 • (#4) #2488 GREGG AND THERESA ALOHN, 4455 NORTH SHORE DRIVE - VARIANCE - Continued 0 the shed to make one building instead of two. He said the new building should be constructed to the same square feet as the existing garage and shed. He would be in favor of moving it off the property line. He would not be opposed to a small increase in hardcover. Jabbour said the side setback should be enhanced substantially. Klohn said the turn into the driveway is very difficult because of the location of a large pine tree and the utility pole. He said access would be improved by moving the building. Sansevere said he recalls that the Council was sympathetic to allowing people to replace what they lost in the 1998 storms. Jabbour said that every variance must demonstrate a hardship that is unique to that particular piece of land. He is not comfortable approving this application without a hardship. The hardships for this property include the fact that it was platted prior to existing code, there is no additional land, and the storm destroyed the only storage area. Jay Nygard said he believes it would be beneficial to the City to allow the applicant to move the structure away from the street. Jabbour said that is irrelevant because the law requires that hardship be demonstrated. If there is no hardship, a variance cannot be granted. Klohn said the topography of the existing lot is a hardship as well as the locations of the well and the utility pole. Jabbour said there are many lots in Orono that will not accommodate a two -car garage. Flint asked about the timing of the destruction of the garage and the granting of the hardcover variance. Klohn said the destruction was in May and new construction was in October. Flint asked if Klohn asked for the variance for the garage when he did the construction on the front of the residence. Klohn said that at that time he was under the impression that he would be able to just rebuild from the storm damage and would not have to apply for a variance. Flint commented that Klohn did not ask for the variance for that garage at that time. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 (#4) #2488 GREGG AND THERESA KE OHN, 4455 NORTH SHORE DRIVE - • VARIANCE - Continued Jabbour said he pointed out to Klohn when he asked for the variance for the addition that he would need a variance for the garage. Klohn stated following the storm many structures were being allowed to be rebuilt without going through the whole variance process. As a worst case scenario, he would like to be in the same position he was in prior to the storm with a one -car garage. Right now, he has snowmobiles and other items sitting on the cement slab covered with a tarp and that is not desirable to anyone. Flint said he is not in favor of granting the variance. He supports the Planning Commission's recommendation because he does not believe there is a hardship. Jabbour asked Klohn about his long -term plans for the property and if he is planning to make other additions to the property. Klohn said he does not foresee any additional structural changes to the property. He would like to have storage for two cars without making topographical or landscaping changes to the property. He said the next door neighbor has an identical garage that she uses only for storage. She has a two -car garage attached to her home. He wants to replace what he lost. Kelley said he views the hardcover ordinance as preservation of the lake. On this lot, there is • no hardcover in the 0' -75' setback. In the 75' -250' setback, there is 19% hardcover where 25% is allowed. In the 250' -500' setback, which is. the farthest from the lake, the applicant wants 32.8% hardcover where 30% is allowed. The City tries to preserve the lake and Kelley feels this lot has done an exceptional job. He said the applicant could actually add hardcover in the 75' -250' setback, but he isn't doing that. He believes there are hardships on this property that justify the applicant replacing the garage and shed. Sansevere said the Council has dealt with several home sites where they have had complaints from neighbors of eyesores. Mr. Klohn has said that he is storing snowmobiles and other items under a tarp that were once in the shed which does not enhance the neighborhood. He believes the applicant should be able to replace what he lost in the storm. Peterson said this is a chance to make this lot better, but that does not mean she is in favor of the proposal. She believes the applicant could relocate the structure somewhere else on the lot. Klohn said it would be very difficult to put the garage in any spot other than where he is proposing. Jabbour said this lot is located on a peninsula. He asked how far it would be from the lake on the other side. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 • (#4) #2488 GREGG AND THERESA ALOHN, 4455 NORTH SHORE DRIVE - VARIANCE - Continued Klohn said approximately 250 feet. Jabbour said it might be within the 250 feet on that side. Jabbour said he is concerned that Klohn will be asking for other variances for an addition to the house. He does not believe there would be room for storing other items if a car is put in the garage. He asked if Klohn would build a 10' x 18' garage because not many cars would fit in that size garage. Klohn said his goal is not to put a car in the garage. It would be storage for snowmobiles, lawn mowers and other items. Jabbour said he thinks there should be an ordinance saying that everybody should have a two - car garage calculated in their hardcover when they get a building permit. He objects to the fact that some people get a building permit with no garage calculated, and then come back later for a variance for a garage. He feels Klohn is asking for a shed for storage of his possessions. He asked if the excess hardcover could be taken out of the other zone. Kelley said he doesn't feel the Council can take the position that the hardcover in that zone will stay at 19 %. • Klohn said if he builds a 10' x 18' garage, there would be 32% hardcover. Jabbour said a side - loaded garage will never allow for a car to enter it and that's how he is maintaining the lower hardcover, because there is no driveway coming through from the front. Sansevere asked if Klohn ever put a car in the shed before the storm damage. Klohn said no, it was for storage only. Jabbour asked staff how large a shed Klohn could build without increasing hardcover. Weinberger said if the shed was built taking in the total square footage of the shed that was removed and the existing shed, it would be 243 square feet or a 24' x 10' building. The structure destroyed by the storm was 10' x 18'. Klohn said he is willing to rebuild the 10' x 18' garage, but he would like to incorporate the other shed and move it off the right -of -way. Kelley asked what the hardcover would be if Klohn was allowed to rebuild the 10' x 18' garage, but eliminate the storage shed. • Klohn said he would like the garage to blend in with the appearance of the neighbor's garage. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 (#4) #2488 GREGG AND THERESA KLOHN, 4455 NORTH SHORE DRIVE - • VARIANCE - Continued Kelley asked the size of the small shed. Klohn said that it is approximately 8' x 9'. Weinberger said that according to the hardcover calculations, the shed was calculated at 58 square feet. Klohn said there is some hardcover between the two buildings that he could eliminate. Jabbour moved to allow the applicant a side setback variance of 5', a 15' setback from the road and no hardcover variance granted. Klohn asked if that would allow him to maintain the hardcover at 32 %. Jabbour said it would be 30 %. Klohn said he has permission for 32% now. Jabbour asked what size shed he would end up having at 32 %. Weinberger said it would be a very minimal shed. Jabbour withdrew his motion. Klohn said he would like to at least rebuild the garage that was destroyed by the storm. Kelley moved, Sansevere seconded, to approve Application #2488 for Gregg and Theresa Klohn, 4455 North Shore Drive granting variances to build a 10' x 18' shed 5' from the lot line, 10' from the street with the removal of the small shed. VOTE: Ayes 2, Nays 3 (Flint, Jabbour and Peterson objected.) The motion failed. Peterson moved, Kelley seconded, to approve Application #2488 for Gregg and Theresa Klohn, 4455 North Shore Drive, granting variances to build a 10' X 18' shed 5' from the lot line, 15' from the street with the removal of the small shed. The hardships include the topography of the lot, there is no additional land available, the location of the utility pole, the location of the well, and the desire to save trees. Conditions of approval include that there will be no outside storage and it is the position of this Council that no additional variances will be granted for the property. �J Klohn asked what the setback requirement is from the street depending on what way the garage door opens. . Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 • (#4) #2488 GREGG AND THERESA ALOHN, 4455 NORTH SHORE DRIVE - VARIANCE - Continued Weinberger said that in some locations accessory buildings can be 10 feet from the property line. Klohn said if he builds an accessory building, it would only have to be 10 feet off the property line. Kelley asked if he is going to put in a garage door or just a door. Jabbour said it would only have a door on the driveway side because there is no way to get a car through it. Kelley asked if it would be a single car garage door. Jabbour said the Council is suggesting there be no door facing the, street, but there will be one facing the driveway, but it is being identified as an accessory structure and he could locate it 10' from the street. Jabbour moved, Kelley seconded a friendly amendment to Peterson's motion to permit the structure to be located 10' from the street. • Kelley asked if this motion was still for a small shed. 0 Jabbour said it would allow a 10' x 18' shed, 5' from the property line, 10' from the street, side opening door, no outside storage, and recommendation to future councils not to issue any additional variances. Weinberger asked if the variance is being granted to allow a shed based on the site plan 10' from the North Shore Drive right -of -way even though the Council is granting a 5' setback on the side lot line. Jabbour said he understands that the 10' would be the normal setback based on the ordinance, so the only variances needed are the side setback from 10' to 5' and the hardcover. Gaffron said that only a garage is allowed to be within the street yard of a lakeshore lot and only a garage can take advantage of the 10' setback when the garage faces to the side. Any other accessory structure would have to meet a 30' setback, so a variance would be needed. Klohn said that then he would rebuild the 10' x 18' garage with the garage door on the side with a side door. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 (#4) #2488 GREGG AND THERESA KEOHN, 4455 NORTH SHORE DRIVE - • VARIANCE - Continued Peterson moved, Kelley seconded to amend the motion to approve a 5' side yard variance, a 15' street setback, allow a 10 z 18' structure, and require the removal of the cement slab. VOTE: Ayes 4, Nays 0 (Flint abstained). Jabbour commented that if the Council wants everyone to have the chance to have a two -car garage, the ordinance should mandate in the hardcover calculation that an area for a two -car garage will be subtracted on new construction. ( #5) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCE AND CONDITIONAL USE PERMIT Rick Luzaich, Applicant, was present. Weinberger stated that this past Spring, the City was made aware of tree removal occurring on the property located at 2490 Old Beach Road. The tree removal included trees located within the 75' setback of the ordinary high water level of Lake Minnetonka and along a steep slope. He displayed a diagram showing where the clear cutting occurred. The City did issue a stop work order, but it was after the trees had been removed. The stop work order occurred prior to the removal of any of the stumps and any regrading that was proposed to occur. Weinberger reviewed the ordinances covering tree removal. Part of the code addresses • g g intensive vegetation clearing and does not allow intensive vegetation clearing within 75' of the shoreline or on steep slopes within the shoreland area. Tree removal within 75' of the lakeshore requires a permit from the City. Nearly the entire area is within 75' of the shoreline or on a steep slope. Shortly after the stop work order was issued, staff met with a landscaper hired by Mr. Luzaich to discuss the proposed landscape plan. Weinberger displayed a plan reviewed by the Planning Commission in May 1999. The plan consisted of a series of retaining walls on the slope and would have required major grading along the entire steep slope. The Planning Commission tabled the application and recommended that the applicant work with staff to develop a plan that didn't require grading or retaining walls. The Planning Commission also wanted to see the plan demonstrate restoration of the types of vegetation removed, not what appeared on the landscape plan. The plan did not reflect what was removed from the site and did not show any mature trees being replaced. The City then retained Dr. Peter Bedker, a consulting forester, to complete a site analysis of the property and make recommendations for staff and for the property owners. He looked at the site to determine the types of soils, the slope and the types of trees that had existed on the property. Dr. Bedker compiled a list of recommendations and estimated the value of the removed trees at $48,000. He recommended that an adequate replacement would be 29 trees of 2" caliper to be spaced 25' apart. He also recommended 4" to 4 1/2" caliper trees at the top • Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 . ( #S) #2492 RICK AND GAIL L UZAICH, 2490 OLD BEACH ROAD - VARIANCE AND CONDITIONAL USE PERMIT - Continued of the hill. Dr. Bedker did state it might be counter productive to put a 16" tree back for a 16" tree as the tree may or may not survive. A smaller tree may survive better and surpass the growth of a more mature tree. The Planning Commission reviewed a revised plan at their June meeting. The plan had one large retaining wall running from one side of the property to the other. The plan implemented some grading and there were a few hardwood trees included. It was a good plan, but it did not reflect the City's goals as enumerated in the Comprehensive Plan. The goal of the City is to have a shoreline maintained that breaks up the height of the buildings and breaks up the appearance of a built environment around the lake. A larger canopy of trees would help prevent erosion problems. Weinberger said the Planning Commission voted, by a vote of 4 -2, to deny the application in order to expedite the process and move a plan forward to the City Council because the land is laying dormant and some types of erosion control will have to be implemented in order to protect the shoreline. Weinberger reported that Gary Mueller, Mr. Luzaich's landscape architect, met with Dr. Bedker to discuss some of the issues and Dr. Bedker's recommendations. Weinberger said the plan brought in some of Dr. Bedker's recommendations, but it does not address all of them. There is still a large amount of grading being proposed on the hill side and not the • recommended type of trees. He said that a new plan was received from Mr. Mueller on Friday, July 9, 1999. This plan implemented some of Dr. Bedker's recommendations and it is closer to the goal of restoration along the lakeshore. The amount of grading on this plan would be very minimal. Two areas of retaining wall would be used to support the existing stairwell. The types of trees have increased, but they are all located along the property lines and they are not in areas that allow for a more natural appearance from the lake. In the middle of the plan there is a series of perennial plantings which would be adequate for erosion control. They are natural and would not require high levels of maintenance. It was noted in Dr. Bedker's recommendations that there be 25' spacing between trees. The plan does not address the issue of the 29 tree replacement. There is a concern about the center of the property and the trees being located completely on the sides of the property and not in front of the house or along the shoreline. He displayed photographs of the property. Dr. Bedker communicated to Weinberger that most of his recommendations are answered by this plan with the exception of the spacing between the trees and location of some trees in the front of the house and near the shoreline. Jabbour asked Weinberger to elaborate on the vote by the Planning Commission. Weinberger responded that the two votes that were opposed to the recommendation of denial by the Planning Commission were because the Planning Commission thought it was appropriate to review another plan. They were not necessarily in support of the plan that was • in front of them, but they felt that they should present a plan to the City Council that they had Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 ( #5) #2492 RICK AND GAIL L UZAICH, 2490 OLD BEACH ROAD - VARIANCE AND • CONDITIONAL USE PERMIT - Continued reviewed. The other members of the Planning Commission felt it was important to expedite the process. Sansevere asked if Weinberger had any idea from Dr. Bedker how many trees he wanted to see in the middle of the property and along the shoreline. Weinberger said that according to the appraisal value, the plan is approximately 10 trees short; however, Dr. Bedker felt the goals could be accomplished by fewer trees, three or four at the top of the hill and a couple of trees toward the bottom of the hill. Luzaich stated his reasons for removing the trees. He said the trees were storm damaged and there was dead fall. He said he should have applied for a permit, but he did not. He feels this plan is appropriate and fits the neighborhood. Jabbour said the plan does not fit the Comprehensive Plan for a natural- looking environment. Luzaich said he objects to paying for retaining Dr. Bedker. He said this is the third plan he has submitted and he has tried to work with the City staff. He pointed out that in front of the residence there are another two acres of land containing approximately 1,100 trees. Jabbour said he concurs with the Ci ty forester's recommendations. Jabbour said he feels that • 4 -6" trees could be planted. He would like the neighbors consulted so their view of the lake is not cut off. He said his primary concern is to revegetate the hill and bring it back as much as possible. Sansevere asked if Luzaich would object to putting trees in the middle of the property and along the lakeshore. Luzaich said he does not want to put trees in the middle of the property and along the lakeshore because he would not be able to see the lake. Sansevere pointed out that the photographs of the neighboring properties show trees in the middle of the property and along the lakeshore. Kelley referred to the memo from Dr. Bedker, page 2, comment 2, which states that it is not reasonable or practical to transplant large trees as part of this restoration. Kelley asked why Dr. Bedker came to that conclusion and if it was because of money. Weinberger said the main reason is that Dr. Bedker is dealing with the $48,000 for restoration, but he also felt that often smaller trees will survive better and surpass the growth of larger trees. • Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 • ( #S) #2492 RICK AND GAIL L UZAICH, 2490 OLD REACH ROAD - VARIANCE AND CONDITIONAL USE PERMIT - Continued Kelley said he does not want him to be constrained by dollars and he doesn't care if it costs Luzaich $100,000 to replace the trees. He would like to get an opinion from the forester that money is not an issue in reforestation of this property. Weinberger said that Dr. Bedker told him they are essentially estimates on what they figure the value of the tree is. He said it is usually a formula that could be used for insurance or appraisal purposes, but it is not exact. He said the size of the trees can be negotiated. Jabbour said Kelley is trying to find out what the practical size of a tree is and what is the biggest tree that could be planted without starting to impair growth by its size. Flint said the risk is greater the larger the tree. Gaffron said that Dr. Bedker told him you can assume that a 2" tree will not thrive for 2 years, a 3" tree will not thrive for three years and so on. It will take longer for a larger diameter tree to start to grow again. There will be better and quicker growth and a greater chance of survival with smaller trees. Jabbour said he would like to see staff develop a revegetation plan, he would like to see the • neighbors approve it, a staff recommendation for an assurance on longevity, right of entry, and a letter of credit. He said the trees should be scattered similarly to how they were located before they were cut down. Kelley said he wants protection for the future that the trees will be maintained. Kelley moved to refer the matter to the consultant for a restoration plan. There was no second to the motion. Jabbour asked how long a waiver the City has from the applicant. Weinberger said the applicant signed a waiver form where there is no deadline date. Kelley asked Barrett if that was okay. Barrett said yes. Jabbour asked Barrett if there is any action the City must take to protect its interests. Barrett said the Council can take action on the application for the conditional use permit unless they wish to have the restoration plan included with the conditional use permit. He said • the City does not need to depend for the reforestation plan on some application made by the Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 ( #S) #2492 RICKAND GAIL LUZAICH, 2490 OLD BEACHROAD - VARIANCE AND • CONDITIONAL USE PERMIT - Continued applicant. He said the City has an independent legal basis to compel the landowner to reforest and restore the property which has been altered illegally. Jabbour asked the applicant what he would like the Council to do. Luzaich said he wants the Council to approve the plan. Jabbour moved, Peterson seconded, to deny the restoration plan for Application #2492, Rick and Gail Luzaich, 2490 Old Beach Road. VOTE: Ayes 5, Nays 0. Luzaich said this is the third plan he has submitted. He said from what he can tell, the City wants him to let the weeds on the hill grow wild and plant a mass of trees so he can't see the lake. He asked if that is what the Council wants him to do. Jabbour said no. He asked Weinberger to display the plan the City is proposing. Jabbour said Mr. Luzaich's position was self-imposed. The City is the victim in this situation, not Mr. Luzaich. Weinberger said that Dr. Bedker was asked to make recommendations, not design a specific plan. • Jabbour said that the quantity of trees should be as recommended by Dr. Bedker and they should be in the immediate vicinity of what was cut down. If the landscape architect believes it would be more advantageous to move some of them towards the lake front, so be it. Dr. Bedker and the landscape architect should work it out. He asked if there could be a new plan by the next Council meeting. Luzaich said he would consult with his landscape architect. He said he doesn't like being told he has to plant specific trees in specific places. Kelley said he would direct staff to have the City's consultant and the applicant's landscape architect work together on a plan that the City's consultant will approve. Kelley said he will not approve a plan that the City's consultant has not approved. Sansevere feels the applicant's plan would be detrimental to the applicant when the trees are. mature. Luzaich said the property is so wide that he would still have a good view. Weinberger said that Mr. Mueller and Dr. Bedker did meet to discuss the plan. He said that when he spoke to Dr. Bedker about the plan that was submitted on Friday, Dr. Bedker stated Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 ( #S) #2492 RICKAND GAIL L UZAICH, 2490 OLD BEACH ROAD - VARIANCE AND CONDITIONAL USE PERMIT - Continued that most of his recommendations were implemented and the only issue he had was the spacing of the trees. Kelley moved, Peterson seconded, to table Application #2492, Rick and Gail Luzaich, 2490 Old Beach Road, for After the Fact Variances and Conditional Use Permit. VOTE: Ayes 5, Nays 0. ( * #6) #2496 PATRICK O'FLANAGAN, 3895 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 4318 Kelley moved, Flint seconded, to approve Resolution No. 4318 Granting Variances to Municipal Zoning Code Section 10.03, Subdivisions 12 ands 15(F) and Section 10.25, Subdivision 6(B), Application #2496. VOTE: Ayes 5, Nays 0. ( * #7) #2499 THOMAS AND MARILYN SWANSON, 1740 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. 4319 Kelley moved, Flint seconded, to approve Resolution No. 4319 Granting Variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A) and 2 and Section 10.56, • Subdivision 16(L)(1), File #2499. VOTE: Ayes 5, Nays 0. ( *#8) #2500 ORONO SCHOOL DISTRICT NO. 278,685 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4320 • Kelley moved, Flint seconded, to approve Resolution No. 4320 Granting a Conditional Use Permit for a Media Center Addition to the Orono High School at 795 Old Crystal Bay Road North for Orono School District #278 per Municipal Zoning Code Section 10.28, Subdivision 3, File #2500. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Kelley asked Gappa for a status report on the road projects. Gappa said that progress is good on Ferndale Road and the project is on schedule. On County Road 15, they are cutting back to where the finald road edge will be on the north side. Kelley asked about the road in Saga Hill. Jabbour said the City has a purchase agreement. The City is waiting to fiM its part of the purchase agreement which is vacating the easement in the alley. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 MAYOR/COUNCIL REPORT - Continued Moorse said the vacation is going to the Planning Commission next Monday and it will come to the next City Council meeting. After that, the City can close on the purchase agreement. Kelley asked if the City can legally prohibit outside storage. He would like to refer this matter to the City Attorney. He asked Glenn Cook to comment on the pros and cons of pressurized sewer systems. He asked if they are feasible in the long run. Cook said that, from his perspective, gravity is better, but the cost of a pressure system is about half that of a gravity system. One risk is that the grinder pump relies on electricity. Kelley said that historically there has been a lot of maintenance work on the gravity systems and he asked Cook if there would be less maintenance with the pressure system. Cook said yes, but the City is allowing homeowners to own the grinder station so each homeowner needs to have a plumber that is familiar with the system. Jabbour said their should be an orientation program for the homeowners. Moorse said one issue that came up is that there is a diversity in the types of grinder pumps and there could be houses right next door to each other that have different types of pumps. Kelley said that the technology will continue to evolve and this will always be an issue. • Jabbour said the Council instructed staff as part of the last Comprehensive Plan workshop to look at a system that is conducive to being a 200 -year system. He asked if it would behoove the City to put a gravity system in Brown Road. Cook said that on Brown Road there are some complications with topography that do not make gravity feasible. Flint said that in connection with the Fox Ridge sanitary sewer there is an opportunity for a trail along Brown Road. He asked staff to consider the feasibility of constructing a trail when the sewer system is installed. Gappa said they are totally separate types of construction, but he can look into it. Jabbour instructed staff to obtain the necessary information to consider a trail along Brown Road. Flint suggested that Long Lake be involved in the feasibility study. Kelley asked City Attorney Barrett if the City can enforce the prohibition of outside storage. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 MAYOR/COUNCIL REPORT - Continued Barrett said it would be enforceable as a condition of a variance. Sansevere said he received an e -mail from a resident of the Woodhill Road area who heard about the sewer project the Council considered at its last meeting and was wondering why they were not given the option between the gravity and the grinder system. Gappa said on the Orono Orchard project a gravity system was feasible because of lower cost. Jabbour said that when gravity is feasible, it is more desirable than a grinder system. Sansevere asked if the residents in that area knew there was an option of a grinder system. Gappa said it was not discussed because gravity was within the realm of possibility the City is substantially subsidizing the costs. (5 Minute Recess at 9:25 p.m.) Jabbour reported that he flew from Wayzata to Hutchinson and videotaped the Dakota Rail railroad. He said there is a request from the railroad for a subsidy of $7.9 million to upgrade the ties. There is no funding proposed for crossings or signals. He said that Rail America, the owner of the railroad, feels the railroad is unsafe. Rail America has a self-imposed moratorium on carrying hazardous wastes and they informed the railroad authority that after Labor Day they will voluntarily close the railroad unless there is funding to rehabilitate it. He said that Rail America announced to the railroad authority that they have so many derailments, they are 1,500 times the national average for derailments. Jabbour stated he recently attended a Mayors' meeting and he informed the mayors he was disappointed with the attendance at the Mayors' meeting with the LMCD. Jabbour also mentioned that there is a gas tank positioned on the water at Lakeside Marina that should be inspected by the Fire Marshall. ENGINEER REPORT (#9) PUBLIC WORKS LAND EXPANSION Gappa presented a map showing the location of property for possible acquisition for future City purposes. He said the intent of this land purchase is to preserve this property for future City use. The property is currently undeveloped. He suggested that a wetland delineation be obtained and then obtain an appraisal. . Jabbour said the land is needed for Public Works. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 ( #9) PUBLIC WORKS LAND EXPANSION- Continued Kelley said he is in favor of acquiring the property. Flint said he is in favor of acquiring the property because it makes sense for future planning. Flint moved, Kelley seconded, to authorize obtaining a wetland delineation, at an estimated cost of $1,500, for additional land east of the existing City Office Complex for future City use, wetland delineation cost to be funded from General Fund, Special Projects and Contingencies Budget, Other Professional Services Line Item with a budget adjustment to reflect the $1,500 expenditure. VOTE: Ayes 5, Nays 0. Flint moved, Kelley seconded, to authorize obtaining an appraisal, at an estimated cost of $2,000, for additional land east of the existing City Office Complex for future City use, appraisal cost to be funded from the General Fund, Special Projects and Contingencies Budget, Other Professional Services Line Item with a budget adjustment to reflect the $2,000 expenditure. VOTE: Ayes 5, Nays 0. ( * #10) HENNEPIN COUNTY MAPPING AGREEMENT, RESOLUTION NO. 4321 Kelley moved, Flint seconded, to adopt a Resolution No. 4321 authorizing the City of Orono to enter into an agreement for the use of Hennepin County's electronic proprietary geographical data base and to authorize the Mayor and City Clerk to sign the Conditional Use License Agreement. VOTE: Ayes 5, Nays 0. ( #11) AUTHORIZE DEVELOPMENT OF CONCEPT PLANS FOR NAVARRE PLAYGROUND IMPROVEMENTS AND NAVARRE MUNICIPAL PARKING LOT Peterson said she is not convinced that a Concept Development Plan for the playground is needed. She feels staff has a good idea of what should be there and what needs to be done. Flint said he feels the parks are developed better when a concept plan is done. Peterson asked if it would be necessary to obtain a parking lot plan. Flint said it is farther from what the Parks Commission has ever done, but the property is not well planned and a plan would be beneficial. Kelley said it would benefit the neighboring business owners if the parking lot could be improved. Jabbour said the City Administrator had suggested putting the whole area into a TIF district where all the proceeds from TIF district would go to enhance that area. • Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 • ( 911) AUTHORIZE DEVELOPMENT OF CONCEPT PLANS FOR NAVARRE PLAYGROUND IMPROVEMENTS AND NAVARRE MUNICIPAL PARKING LOT - Continued Sansevere favors funding the study for the parking lot, but not the study for the park improvements. Peterson asked if staff has met with the neighbors. Gappa said no. He said his department could work with the Parks Commission to develop a plan. Kelley said he wants the neighborhood involved in the planning process. Flint said he doesn't object to having the. neighbors involved, but sometimes their recommendations are not realistic. Jabbour said he is in favor of some funding, but he would like the parks to be biased toward the needs of the neighbors. He also feels that right now more funds should be spent on land acquisition than on park improvements. Jabbour said the Parks Commission should work with the neighbors and develop a concept • that makes the park more accessible and functional. Sansevere said he attended the Parks Commission meeting and that is what they would like to do because they want to be more proactive and have more direction from the Council. Moorse suggested there should be a requirement that the park boundaries remain the same. Jabbour agreed with Moorse. Flint moved, Peterson seconded, to instruct the Parks Commission to work with the neighbors to develop a plan for the Navarre Park that will make it more user friendly, but that it not involve the acquisition of additional land, and make a recommendation to the Council within six weeks. VOTE: Ayes 5, Nays 0. Jabbour asked what the Council members would like to do about the parking lot. He said it doesn't have anything to do with the park. Kelley said the neighbors and business owners located within 500 feet of the parking lot should be involved in developing the parking lot plan and they should be invited to a work session. • The Council established a work session for 6:00 p.m., Thursday, July 22, 1999 to discuss the Navarre parking lot upgrade. Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 CITY ADMINISTRATOR' S REPORT ( #12) APPOINTMENT OF TEMPORARY, PART -TIME ON -SITE SEPTIC INSPECTOR Moorse said the purpose is to have Steve Weckman available for septic inspection services until the new inspector is on board. Kelley said he objects to rehiring someone that has made a decision to leave the City's employment. Flint said it is a short-term problem and this is a solution. Sansevere asked if Moorse had contacted Weckman or if Weckman contacted Moorse. Moorse said it was discussed before Weckman left that there would be an interim period when the City may need Weckman's services. Gappa said there are projects in process where septic system inspection services are needed to meet the required time limits. Sansevere asked if Weckman left on good terms. Moorse said yes. Sansevere moved, Peterson seconded, to approve the appointment of Steve Weckman to a Temporary Part-Time Septic Inspector position at a pay rate of $21.00 per hour with no benefits, effective July 13, 1999, with the condition that the position will terminate no later than November 1, 1999. VOTE: Ayes 5, Nays 0. ( * #13) PROPOSED SCHEDULE FOR SUMMER HOURS Kelley moved, Flint seconded, to approve the proposed office hours schedule of 7:30 a.m. - 5:00 p.m., Monday - Thursday; and 7:30 a.m. -11:30 a.m., Friday, a notice of the new schedule will be posted at the City facilities' entrance lobbies, and a news release will be placed in the local newspapers, indicating the new schedule will begin on Monday, July 19 and end on Friday, September 3. VOTE: Ayes 5, Nays 0. Page 20 n LJ 0 C� 0 • 9 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12, 1999 ( * #14) LICENSES Peterson moved, Kelley seconded, a motion to approve the following licenses: Home Occupation Licenses: William Lewis William Lewis Web Development 1125 Willow Drive North Long Lake, MN 55356 (Web Site Development) Mary E. Winkler Innovative Data Engineering Associates, Inc. 990 Loma Linda Avenue Orono, MN 55364 (Technology Consulting/Computer Services) VOTE: Ayes 5, Nays 0. ( * #34) BILLS Peterson moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett requested an executive session to discuss pending litigation. • 1 Jiu I_ kl Jabbour moved, Peterson seconded, a motion to adjourn the meeting at 10:10 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabrie abbour, Mayor Page 21