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Home My WebLink About12-13-1999 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ROLL CALL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint, Bob Sansevere, Charles Kelley, and Barbara Peterson. Representing Staff were City Administrator Ron Moorse, Public Services Director Greg Gappa, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, City Engineer Tom Kellogg, Zoning Administrator/Planner Paul Weinberger and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 5, 8, 11, 14, 17, 19, 20, 24, 25, 26, and 27 were added to the Consent Agenda. Item 4 was removed from the Consent Agenda. Peterson moved, Kelley seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. INTRODUCTION OF NEW FULL -TIME POLICE OFFICERS Chief Cheswick introduced the new full -time police officers, Jeff Johnson and Tony Wittke, to • the Mayor and Council Members. PRESENTATION OF PLAQUE BY IRENE SILBER Ms. Silber introduced Gary Welsh of the Saga Hill Preservation Society. Mr. Welsh presented a plaque to Mayor Jabbour from the Preservation Alliance of Minnesota recognizing the efforts of those preserving a substantial amount of land in the Saga Hill area as park land. ( #2) 2000 LEVY ADOPTION HEARING - ADOPTION OF 2000 BUDGET AND TAX LEVY A. ADOPT FINAL 1999 TAX LEVY COLLECTIBLE IN 2000 - RESOLUTION NO. 4396 B. ADOPT 2000 GENERAL FUND BUDGET - RESOLUTION NO. 4397 C. ADOPT THE 2000 SPECIAL REVENUE FUNDS BUDGETS - RESOLUTION NO. 4398 Moorse said this is a request for the Council to take final action on the Year 2000 budget and tax levy. He said that in August the Council went through a series of work sessions to develop the budget, they adopted the preliminary levy and budget in September and that tax levy was Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #2) 2000 LEVYADOPTION HEARING - Continued • reflected in the tax statements that residents received. A Truth in Taxation Hearing was held on December 6th. Jabbour said that no residents attended the Truth in Taxation Hearing. Kelley moved, Peterson seconded, a motion to approve and adopt Resolution No. 4396 Adopting the Final 1999 Tax Levy Collectible in 2000. Kelley moved, Peterson seconded, a motion to approve and adopt Resolution No. 4397 to Adopt the 2000 General Fund Budget. Kelley moved, Peterson seconded, a motion to approve and adopt Resolution No. 4398 to Adopt the 2000 Special Revenue Funds Budgets. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF NOVEMBER 22, 1999 Peterson moved, Kelley seconded, to approve the Minutes of the Regular City Council meeting of November 22, 1999, as submitted. VOTE: Ayes 5, Nays 0. (#4) TRUTH IN TAXATION HEARING OF DECEMBER 6, 1999 Sansevere said the minutes should be corrected to note that he did not attend the Truth in • Taxation Hearing on December 6, 1999. Flint moved, Sansevere seconded, to approve the minutes of the Truth in Taxation Hearing of December 6, 1999, as amended. VOTE: Ayes 5, Nay 0. PARK COMMISSION COMMENTS - IRENE SILBER, REPRESENTATIVE Silber informed the Council that Susan Wilson has decided not to seek reappointment to the Park Commission. Silber said that the estimates received for refurbishing Navarre Park were far higher than anticipated and the Park Commission is prioritizing to find the items that would have the most neighborhood impact. They will center their priorities around playground equipment and an accessible path up to the equipment. They are also seeking alternative sources of funding. Jabbour complimented Silber on the Park Commission members' innovation in trying to obtain the City's goals and objectives with a very limited budget. PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE None. Page 2 El ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT ( #5) #2418 RELEASE OF CONDITIONAL USE PERMIT FROM CRYSTAL BAY PRESERVE - RESOLUTION NO. 4399 Peterson moved, Kelley seconded, to approve and adopt Resolution No. 4399 Releasing Lots 1 Through 8, Crystal Bay Preserve from Resolution No. 1757. VOTE: Ayes 5, Nays 0. ( #6) #2522 BANCOR GROUP, INC., SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE, CLASS III SUBDIVISION, PRELIMINARY PLAT OF WILLOW VIEW This item was continued on the agenda. ( #7) #2540 BRADLEY HOYT, 2523 KELLY AVENUE - AFTER - THE -FACT CONDITIONAL USE PERMIT Rick Sheridan, Continental Property, and William Skolnick, Esq., represented the applicant, Mr. Hoyt, regarding an application for a Conditional Use Permit at 2523 Kelly Avenue. Weinberger stated that Mr. Hoyt filed an application for an After- the -Fact Conditional Use Permit. The application is a result of a request made by the City of Orono to bring the property into conformance as there was some work completed on the property without contacting the City about permits to complete some retaining wall work. Staff had told the applicant that the non - permitted work could be remedied by applying for a conditional use permit or he may have to restore the property. Consequently, the applicant agreed to apply for after - the -fact permits which included a conditional use permit and variances for the retaining wall work on the property. Weinberger displayed an existing survey of the conditions on the property. Weinberger said this is Minnetonka lakeshore property on Kelly Avenue. It is a triangular, narrow lot with somewhat of a steep grade from the building area on the property down to the lakeshore. A boulder retaining wall is shown on the current survey. Sometime in September of 1999 Mr. Hoyt requested a conditional use permit application. The application was completed and brought into the City of Orono on October 1. Staff at that time had determined the application for a conditional use permit was incomplete. Staff had requested some additional information that included survey work showing conditions of the property prior to any construction on the lot and also requested surveys and as- builts for the property as the construction was completed. The applicant submitted the current survey on October 29th and stated there was no other information available. Staff had also requested Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued information regarding cut and fill calculations to determine the amount of land alteration on the property. Although the property owner stated he had not done any land alteration at that time, it is staff's belief that land alteration had occurred simply because building a retaining wall in most cases would require some land alteration. The retaining wall and slope area are located within 75' of the lakeshore. Weinberger stated the code requirements for granting a conditional use permit in this case would also require approval of variances. The variances required would be for hardcover within 75' of the lakeshore. The applicant has not submitted an application for a variance. Weinberger said the notices for the public hearing before the Planning Commission did note that variances were being requested because staff felt the application for variances would be submitted; however, the variance application has not been submitted up to this time. Weinberger cited the three sections of the code that would require variances in order for the retaining wall to be approved, Section 10.22, Subd. 2, Section 10.55, Subd. 8, and Section 10.56, Subd. 16(L). Weinberger said this application is only for the retaining wall. The Planning Commission reviewed this application on November 15th and recommended denial of the application for the Conditional Use Permit based on not having enough information to proceed with the application. They did not have an application for variances to review. The applicant's request did not meet the requirements of the code; therefore, the Planning Commission was not in a position to make a recommendation of approval. The Planning Commission commented that additional information such as photos and information from the contractor would be helpful. Weinberger said that typically, if a resident were to make an application for the work that was completed on this property prior to it being an after - the -fact situation, staff would have required a current survey showing all existing grades on the property, a survey showing the proposed topographic changes, additional engineering details on the walls, and a drainage study. Weinberger said that staff recommends the application for an After- the -Fact Conditional Use Permit be denied or, if the applicant requests, to table and revise the application. He requested that the applicant provide a variance application for the hardcover within the 75' lakeshore setback, additional information regarding the property conditions prior to construction of the wall such as plans submitted to the contractor, photos and site survey, and information relating to the contractor and plans the contractor used for the project. The information that the contractor would have used would be very important in determining hardship on the property as well as the impact of the conditional use permit. Jabbour stated that filing an application for a permit does not ensure it will be approved. Rick Sheridan stated that Mr. Hoyt is present at the meeting. Sheridan said he wanted to clarify some points from the staff report. He referred to the first paragraph of the report which i Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued states, "Consequently the applicant has applied for the necessary permits for the boulder retaining wall." He feels this is a statement that his client has applied for all the necessary permits for the boulder wall which is contrary to Weinberger's assertion that Mr. Hoyt has not applied for the variance. Jabbour asked if Mr. Sheridan was reading from the most recent staff report. Sheridan agreed that he had received the most recent report. He referred to the Background section of the report which states, "Mr. Hoyt had requested a conditional use permit application." He said that is an incorrect statement. Mr. Hoyt came to the City Offices and asked for an application for the necessary permits the City was requiring that he have for his property. Sheridan said his client maintains that he didn't need any permits or variances for his property. Sheridan referred to a letter that was sent to Mr. Hoyt in response to his application that indicated that more information was required. That letter said the information was requested for consideration of the conditional use permit and variances. They supplied the survey that is being displayed and told Mr. Weinberger that, at that time, they did not have in their possession a pre - existing survey. They didn't say that there wasn't one available, but that they didn't have one in their possession. Sheridan said it is their position that they have made all • the applications that are required. Sheridan referred to the second paragraph on page 2 of the staff report regarding the action taken by the Planning Commission. He feels the entire paragraph is inaccurate. The next paragraph says the Planning Commission offered the applicant an opportunity to revise the conditional use permit application to include variances, but went on to deny the application. Sheridan said he does not understand what the basis for denial was. He does not agree that they were offered an opportunity to revise the application. He does agree that they were offered an opportunity to come back with a variance application. Sheridan said his client maintains that he has not regraded within the 75' lakeshore setback or filled the shoreline with rip rap, which staff says his client has done. Sheridan said he would like to discuss the issue of the conditional use permit. He and Mr. Barrett had a discussion about this application and that Mr. Barrett told him one of the conditions of the conditional use permit is getting a variance for hardcover. Mr. Barrett said that misstates their conversation. Barrett said Hoyt could apply for a conditional use permit. The condition that is set out with respect to the retaining wall is that such permit is subject to the other prohibitions and regulations of the City Code and other applicable statutes and ordinances. As it stands, Mr. Hoyt's application is in violation of • several salient city ordinances. Most specifically, Section 10.55, Subd. 8, says "Except as Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued • specifically permitted, no hardcover, temporary or permanent structures.... shall be permitted on any land within 75 feet of the ordinary high water elevation." He asked if Mr. Sheridan understood that. Sheridan said he understood, and also that Mr. Barrett was drawing the conclusion that the retaining wall is hardcover. Barrett said he is drawing the conclusion that it is a temporary or permanent structure or hardcover. He asked if Mr. Sheridan denies that it is a permanent structure. Sheridan said that based on the City Code's definition of what a structure is, yes. Barrett asked if he denies that it is hardcover. Sheridan said that is correct. Sheridan said the City is asking for his client to apply for a conditional use permit and some variances. He said that a conditional use permit and a variance are two different government actions that can be taken with respect to use of property. He read to the Council from a case that the Minnesota Supreme decided regarding what a conditional use permit is and its affect, Chanhassen Estates v. City of Chanhassen, Minnesota Supreme Court, 1984, which states, • `By express designation as a conditional use in a particular zone, such a use is deemed consistent with the public health, safety and general welfare and consistent with goals of the comprehensive plan of that municipality. Until the district is rezoned or the zoning ordinance is either amended or successfully challenged, that determination is conclusive." Sheridan said Orono's conditional use definition says that conditional uses are permitted and, therefore, that a conditional use is a use permitted in a particular zone subject to conditions. A variance is an attempt by someone to come in and get a variance for a use that would not otherwise be allowed in a particular zone. He said you can't have a permitted use subject to conditions and say that you need a variance for a permitted use. Barrett said the conditional use permit does not fall under the difficulties that Mr. Sheridan suggests. If you want a conditional use permit, all you need to do is demonstrate that you are in compliance with the city ordinances and the city will grant one. If you wish a conditional use permit when you stand outside of compliance with the city ordinances, then it follows that unless you get a variance from those ordinances, you cannot have the conditional use permit and that is why the variance question arises. Sheridan said he disagrees for the reasons he has stated. Jabbour said the City asks someone that wants to put less than three yards of sand on their beach to obtain a conditional use permit. He does not feel it is out of line to ask Mr. Sheridan • Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued and his client to present the City with information for a conclusive and accurate summary of the facts. Jabbour said he is obligated on behalf of the City and Mr. Hoyt to perform due diligence because the conditional use permit must be filed on the deed for the land. He said the City needs additional information to make a proper decision. Sheridan said he does not know what additional information the City needs. He said City staff has been to the property and seen the retaining wall. He feels that is better than a drawing. Jabbour said the person that the City asks to get a conditional use permit for three yards of sand on the shore would be extremely disturbed if the City doesn't know how many yards of dirt Mr. Hoyt put behind the retaining wall, if the City doesn't know how far he went into the lake or if the City doesn't know if he obtained the appropriate permits from the Watershed District or the Corps of Engineers or the DNR. All of that is part of the City's due diligence. He said the Council could table this item and give the applicant a list of the documents necessary for the Council to make a decision. Sheridan said he and his client do not agree with that. He said the City has a current survey and a survey from 1990 prior to when the house was built and based on comparing those two surveys, staff has concluded that the applicant put rip rap in the water. He said that is an erroneous conclusion. He does not believe that the retaining wall is a structure or hardcover • and there is a structural engineer present who will testify as to why he doesn't believe that either. Jabbour said they should figure out exactly what the Council needs to facilitate the application. Sheridan said if Jabbour is going to ask his client to concede that the retaining wall is hardcover, they will not do that. Barrett said Sheridan is correct, that if he wishes to make a legal argument that the retaining wall is not hardcover, he can make one and the City will make a legal argument that it is. He does not feel it is fruitful to make that debate since it is clear that the City's position is that it is hardcover. Jabbour said there is a substantial amount of information that the City needs. He suggested that the list be sent to the applicant in writing. Sheridan said it should be contemporaneous with the decision they are making and not after - the -fact. Jabbour said this is a fluid issue and other issues might arise. He said the Council is trying to bring this after- the -fact issue into compliance or find out if it is appropriate for the Council to Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #� #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued grant the appropriate approvals. The only way they can do that is by knowing the facts. He said they need to know who the contractor is, the amount of dirt moved, and the condition of the property before, during and after. Sheridan asked what the benefit would be of knowing who the contractor was. Barrett asked if the applicant takes the position that the entire retaining wall was built without moving any dirt on the property. Sheridan said he could not speak to that issue. Barrett said the reason the City would like to see the contract and to speak to the contractor is to find out what he did on the property. Sheridan said that assumes there was a contractor. Barrett said someone moved the rocks and the City would like to know who did that and how much dirt was moved. Sheridan said the City is telling his client that he has done regrading and presumably has done more than ten yards, so why doesn't the City tell them how it was done. • Barrett said the applicant is being asked in good faith to submit the facts which support the application. Jabbour said the City could obtain the aerial photographs from prior years. Sheridan said the City has engineers on its staff and they can give the Council their calculations. Barrett said that does not preclude the City's right to ask the applicant for valuable information in his possession. That is what the City is doing and he asked why the applicant is refusing it. Sheridan said he would let Mr. Skolnick respond. Kelley said if the applicant is not willing to supply the information, he will make a motion for denial at this time. He asked Mr. Sheridan if he is willing to supply the information to the City. Sheridan said the information was supplied with the application. 0 Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued Kelley moved, Peterson seconded, to deny Application #2540, from Bradley A. Hoyt, 2523 Kelly Avenue, for an After - the -Fact Conditional Use Permit. Flint said he is willing to look at further information if it is submitted, but he will vote in favor of the motion. Jabbour moved, Flint seconded, to table Application #2540, from Bradley A. Hoyt, 2523 Kelly Avenue, for an After - the -Fact Conditional Use Permit. He requested permission for staff to visit the site in order to determine the information they need, he requested that staff send Mr. Hoyt a letter telling him what the City needs, and he requested that the applicant be given notice of a 60 -day extension to act on this application. William Skolnick said he is an attorney for Mr. Hoyt in a lawsuit with the City of Orono. He said that when there is a request for information, there ought to be a good faith belief that the City needs the information and that they don't have the information. He said the statement in the staff report that Mr. Hoyt has filled and extended the rip rap approximately five to ten feet into the lake is an outright lie. He said Bruce Vang, the City Inspector also said it is false in his deposition. He said Mr. Haffner also said it is not true. Jabbour said that most of the Council members are oblivious to the lawsuit. They know there is an action, but they don't know what it is about. Skolnick said he does not believe that is the case. He said there has been correspondence between his office and the City's attorneys talking about Mayor Jabbour's own deposition. Jabbour said he understands that. Skolnick said the Council is not oblivious to the lawsuit. Jabbour said he would like to go on record that most of the Council members know nothing about the lawsuit. Barrett asked Skolnick to specify the statement in the staff report that says that Mr. Hoyt extended the rip rap into the lake. Skolnick quoted, "The most recent survey indicates the slope has been regraded creating a flat area on the lakeside of the boulder retaining wall, and the shoreline has been filled to extend into the rip rap approximately 5 -10 feet into the lake." Skolnick said that is not a true statement. Barrett asked if Skolnick is saying that what is described there is not true, that the difference in the surveys doesn't show that. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued Skolnick said the entire statement is not true. Barrett asked if Skolnick is saying there is no rip rap that has been extended five to ten feet into the lake on the comparative surveys. Skolnick said that is correct, that they have the sworn testimony of the DNR, the Minnehaha Creek Watershed District, Mr. Hafner, who said he has no facts to support an allegation that Mr. Hoyt did anything or that the rip rap has been altered. Barrett said Mr. Skolnick is making two different statements. One is what his client did and the other is that there is an alteration. That is a disputed fact about whether there has been any alteration. Skolnick said he wouldn't say it is a disputed fact. He asked who says it. Barrett responded that City's staff says it. Skolnick said the City employee that was in charge of it, that made the claim, later admitted that he had no factual basis to make that statement. He said that the indication that the flat land between the boulder wall and the water was something that was done by his client is also not true. 0 Barrett asked if his client changed the topography in order to install the wall. Skolnick said no and that they have engineers present who will tell the Council that that flat surface was there prior to Mr. Hoyt's owning the property. He wants the record to reflect that there are some assertions that are not supported by anything. He said they are present because they asked the City what they need to do to satisfy the City. They were told to submit the conditional use permit application and it was done. The City requested additional information and it was submitted. The application was put on the Planning Commission's agenda and then they were told that despite the agenda saying it was on a permit and variances, that it was only on the permit and, therefore, they really could not decide the issue because they hadn't applied for the variances. His purpose in making a statement tonight is to get the truth out. He said his client did put boulders on the property, but he did not do anything else. Skolnick said that the people that have testified from the other agencies cannot tell them what is wrong with the boulder wall or what code it does not meet. He said it is encouraged to put rip rap, to make sure there isn't soil erosion into the lake and that is what has occurred. He said there has been a lot of information developed so far, including a visit to the property and an inspection by three of the City's staff members and the City's independent attorney. He said they walked the property and they were given free access to look, take measurements and take pictures. Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 ( #7) #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued Jabbour said that some members of the Council are not aware of the litigation. He said that most of the Council did not know the content of the lawsuit or what issues are pending. Barrett said that because the applicants have suggested that they are unclear about the facts that the City seeks, he would support the Mayor's motion that the matter be tabled and extended for 60 days. He asked that the City staff prepare a letter to Mr. Hoyt which lays out precisely what is required of him if he wishes to be successful in his application for a conditional use permit. It doesn't mean that if he applies for the variances, that they will be granted. It does demonstrate what the City needs in order to evaluate the variances. He said he has a copy of the letter and he would be happy to give the letter to Mr. Hoyt or his attorneys at this time. He suggested that the matter be heard after better notice to the public and a reopened public hearing on January 19th for the purpose of having a public hearing in front of the Planning Commission with all the facts which the City believes are necessary. At that hearing the Planning Commission will make a recommendation and then the Council will make a final decision. Jabbour suggested that perhaps the City staff should change its way of writing reports. He said the report should refer to the land instead of saying that Mr. Hoyt filled in the lake. He said the applicant is probably right that no one can say that Mr. Hoyt physically took a shovel and started filling. He said the only thing the City has in its records is what was from the last application versus today. He said the City and the applicant can work together to obtain data between 1990 and 1999, such as aerial photographs, and if something has changed, then there is a problem with the land and the present owner is stuck with that problem. Until the City has all of the information, there is no way to make an educated decision regarding the land. Sheridan asked if the 60 -day rule is being started over based on an incomplete application or if this is an extension. If this is an extension, he would like to know what the reason is. Barrett said the City will send him a letter pursuant to the statute which extends for 60 days the time within which the City has to make a decision on this matter. He said the letter he will give Mr. Sheridan now will suggest the information and the form the City needs in order to be certain that the variances are properly noticed and applied for. Sheridan asked why they are getting this information now and why they didn't get it previously. Barrett said he does not know whether the applicant has willfully misunderstood the requests of staff or whether staff has misstated the requests. He said this letter will clarify the issues, the matter can go before the Planning Commission for proper consideration with the facts and it can go before the City Council for a final decision. That is the reason for the extension. • Sheridan said he does not understand what is written by the City staff. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued Jabbour said the state statutes give the City the right to have 60 days, so they are not asking for any concession. Sheridan asked why they are getting a request for additional information now instead of in response to the application that was made by his client. Jabbour said that if Mr. Sheridan reads his own correspondence, it shows that the variances needed are to expedite the application and make sure that it doesn't have to be readvertised. Staff did put the ad in the paper for the public hearing on a conditional use permit and a variance, hoping the applicant would present the information necessary to review the variances. Jabbour said that the applicant can continue or discontinue suing the city. The City will treat the applicant the same regardless of the lawsuit. Skolnick said he would like to believe the Mayor. Mr. Hoyt had offered to sign a document saying that if there is anything that needs to be done to fix this property, he would be responsible and post money to fix the problem. The City said they would not give him such a document and continued to threaten Mr. Hoyt with prosecution. Jabbour said he will get due process independent of the litigation. Skolnick said that hasn't been their experience. Jabbour said again that the majority of the Council are totally oblivious to 90 percent what Skolnick is referring to in litigation. Sansevere said he was completely unaware of the lawsuit until the Planning Commission meeting, and he is not aware of the particulars of the lawsuit. Barrett said the application process is independent. If Skolnick wants to put information into the application process that he has garnered from depositions, he may do so. Sheridan asked if Barrett is suggesting that the information provided as part of the application will not be forwarded to the City's counsel in regards to the lawsuit. Barrett said that if the counsel for the City wants it, they can have it because it is public information. Liz Hawn said she would like to clarify the Planning Commission's position. She said they were only dealing with the conditional use permit. As a practical matter, particularly because there was reference to storm damage which compelled the building of the retaining wall that had accelerated the erosion of the slope, they needed a reason to grant a conditional use permit because, generally, such retaining wall structures are not permitted in the 0 -75' Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued setback. She said in fact that retaining walls of this nature are referenced in the comprehensive plan as not being a desired alternative. Without compelling information presented to the Planning Commission suggesting that the conditional use permit should, in fact, be granted because of a severe circumstance of erosion that came as an act of God from this storm, they were not in a position to grant the conditional use permit or to grant variances when and if they should be proposed to them. This is why they would like information suggesting what the property was like before hand and what it was like after the storm. Unfortunately, if people choose to proceed in building in these areas without coming to the City, they destroy the very evidence that would compel the Planning Commission to believe that this was an appropriate action to take. It would be her hope that evidence suggesting that the shoreline was sufficiently degraded and that it needed help could be provided by historical surveys. Without such information, the Planning Commission is not going to be in a position to take a different position than the one which they have already taken. She said they need information simply to decide whether or not what they consider to be hardcover and have always considered to be hardcover in the 0 -75' setback should have been permitted. Mayor Jabbour said there is a motion to table seconded by Flint which supersedes Kelley's motion to deny. VOTE: Ayes 5, Nays 0. Break, 8:10 p.m. - 8:15 p.m. ( #6) #2522 BANCOR GROUP, INC., SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE, CLASS III SUBDIVISION, PRELIMINARY PLAT OF WILLOW VIEW Dave Newman of The Bancor Group and Marty Campion, Project Engineer, were present. Weinberger presented the staff report. He said this application is for a subdivision of property with a conditional use permit for a Planned Residential Development for a 58 -acre parcel which is located at the south and west corner of County Road 6 and North Willow Drive. The property is located just east of the new middle school property, to the west of the Shadowood neighborhood and to the northeast of the City Offices. It is located in the two -acre residential district within the MUSA where sewer service is available. The proposal is for 25 lots on 51 acres of dry buildable land which would maintain a one dwelling per two -acre density. The proposal was reviewed by the Planning Commission on November 15th and recommended for approval. A conservation easement would serve as a buffer zone around the proposed development. The Planning Commission recommended the developer amend the site plans to include a vegetation plan and berming plan that would help to buffer the development from the surrounding properties and provide for areas that would be more aesthetically pleasing and protect vegetation on the property. The trail plan would include a trail along Willow and along County Road 6. The only concern staff has with the location of the trails is it appears there may be some areas where the trail would be in the lowest portion of the ditch. Staff would Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 06) #2522 BANCOR GROUP, INC - Continued recommend that the trail be moved to take advantage of the natural topography of the site to insure it is above where drainage areas and water would naturally stand. The trail does create a vital link along Willow and along County Road 6, especially to the school properties and to connect into the more regional system toward the Baker Park. Weinberger said the plan proposes a pressure sewer system. Pressure systems are usually only used when a gravity system will not work. Staff recommends that a gravity system be used because there is less concern for long -term maintenance. Weinberger said the City of Orono is requesting as part of this PRD that municipal water connection be made to the property. He said there are concerns due to public health and safety issues because many of the lots within the development are smaller than the standard two -acre lot. Weinberger said the City Engineer has reviewed the grading plan and it is, for the most part, acceptable. The City Engineer has recommended the lowest basement elevations be above the Normal High Level of the ponds and the exposed opening 2' higher than the High Water Level of the ponds. The applicant has indicated that this can be accomplished. Another issue to be discussed is the concept of the road. The Comprehensive Plan states Private Roads shall have a maximum service of approximately ten residential properties and that they be maintained and owned by a homeowners association. The other alternative is a public road. The Comprehensive Plan would suggest a public road for this development; however, the City has not required private roads in other developments become a public road, such as Sugarwoods. The road will serve this development only. Weinberger said the proposed lot layout indicates the lots to the northern portion of the development are on average smaller than those within the southwest portion of the property. Many smaller lots are located along County Road 6 and Willow Drive North. The lot layout would indicate that there would be a higher density of homes along County Road 6. Prior to recommending approval for the plat, staff would request that the City Council and the developers discuss the following issues: The conservation easement be platted as a conservation outlot to be held in the ownership of the Homeowner's Association. A conservation easement would allow a house to be built to the easement boundary, but the property owner would not be allowed to remove or alter any vegetation to the rear of the house. Platting the outlot would ensure houses would be built allowing a minimum setback to the conservation areas. 2. The lots are developed that would concentrate the least amount of higher density to impact the properties near the intersection of County Road 6 and Willow Drive North. Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 ( #6) #2522 BANCOR GROUP, INC - Continued 3. Municipal water service be installed on the site to eliminate the need for private wells and provide better fire protection to the site. The utility plans and easements for the Middle School property were adjusted with the expectation the Bancor site would develop with municipal water service. There are easements in place that would allow the two properties to connect. The City Engineer recommends extending the 8 -inch water main north to the intersection of Willow Drive and County Road 6 for connection to the City of Medina's water system. 4. Sewer service shall be a gravity system rather than the proposed pressure system. 5. A detailed drainage, ponding and grading plan, with drainage calculations be approved by the City Engineer. Weinberger said that Mr. Campion has provided these plans. 6. Trail easements shall be shown and dedicated along Willow Drive and County Road 6 and a future connection to the Middle School property. 7. The subdivider shall dedicate an additional 10 feet of right -of -way along County Road 6 per recommendations of Hennepin County. 8. Setbacks for lots less than two acres in size shall be: Front Yard Setback 35 feet Sideyard Setback 10 feet Rear yard Setback 30 feet Side Adjacent to Street 35 feet Newman said the current plan came out of the September Planning Commission meeting and suggestions made by the neighborhood representative. He said there are significant site constraints which make a PRD appropriate. One of the problems with the road is trying to design it around the wetlands. He displayed a drawing showing where the road might be positioned without the wetlands. The wetlands are the reason the road is located so far east and the lots in the west are as big as they are. If they try to get all the lots the same size, they would have to fill in a lot of the wetlands. Another constraint is the guidance from the City Council to hook up the road with Shadowood. Because this site is adjacent to property that is zoned medium density to the south, public property to the west and larger acre lots to the north, this is a transitional setting appropriate for a PRD. Newman said another issue to be addressed involves the benefit to the City. He believes the biggest benefit is the significant amount of open space. They are also proposing berming, easements for trails and planting of approximately 80 trees which are six to eight feet in height. He said Bancor does not object to using an outlot versus a conservation easement. There are a couple of lots where the lot lines would have to be adjusted if an outlot is used. Newman said he is concerned about using gravity sewer instead of a pressure system because a pressure system is less expensive. He said this is the end of the sewer line, so a pressure system should work. He said a more important issue is the public water versus private wells. He said they have made sure the homes will not be right up against each other. He said that • their plans indicate a minimum of a 25 -foot sideyard setback and they propose to make that setback part of the PRD resolution. This would ensure that the houses are at least 50 feet Page 15 ORONO CITY COUNCII, MEETING MINUTES FOR DECEMBER 13, 1999 ( #6) #2522 BANCOR GROUP, VVC - Continued apart. He does not feel there is a public safety issue that would require public water. He said there is no public health issue because there will not be any private septic systems that can fail. He said they do not think public water is appropriate and private wells should be allowed. If the City does require public water, he asked that the City not require them to extend the line further up to County Road 6. Steve Johnston, resident of Shadowood, said the neighbors have not had a chance to get together and review the revised plan so his comments are his own. He said he is not opposed to this plan. He is concerned about the road connection to Shadowood Drive. He said that Shadowood Drive is too close to County Road 6 and as southbound traffic tries to turn left into Shadowood, they have to wait for northbound traffic which stacks up in rush hour periods and blocks the intersection. As people wait to make the left turn, other vehicles come shooting across County Road 6. He feels a new road connection at that point will make the problem worse. He does not feel moving the new road to the south will solve the problem. He suggested that the new road be ended in a cul -de -sac with a trail connection for emergency vehicles only. Kelley asked Johnston how many cars make a left turn into Shadowood in the morning. Johnston said the problem is more in the evening rather than in the morning. Kelley said the light at 6 and 12 forces traffic up Willow and it stacks up there. • Johnston agreed with the other staff recommendations. Matt Sanford, resident of Shadowood, feels the process is happening too fast and the neighbors have not had a chance to review the plan. He thought the neighbors would have a chance to work with the developer to talk about their concerns and that has not happened. Jabbour said that state law mandates the amount of time the City is allowed to act on an application. The deadline for this application is December 16, 1999. It is the developer's choice to talk with the neighbors. Sanford said this plan is getting much closer to what the neighbors want, but they feel like they are being pushed out of the process. He said he opposes the project because he doesn't have enough information about the project. Jabbour said he needs specific ideas from Sanford on what he would like to see in the project. Because this application is a PRD, there are many requirements that the City can make. If the applicant came back with an application for a subdivision without a PRD, the City would have less control. He said it would helpful for the Council to understand Sanford's vision of what he would like the neighborhood to be. He said the City would like to keep a minimum • footprint on the land and a PRD allows that. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ON #2522 BANCOR GROUP, 17VG - Continued Kelley said there are only four houses that will front on Willow and that is appealing to him. Sanford asked if the developer needs a variance from the two -acre lot requirement. Jabbour explained that no variances are needed with the PRD. Sansevere asked if Sanford was concerned about the road being located across from Shadowood. Sanford replied that he is concerned about it because he thinks there will be a traffic problem. He said the area is not very well lit at night. Jabbour explained the types of restrictions that can be placed on the property with a PRD. John Grobe said he has lived in the area for four years. He said they moved to Orono because they wanted to live in an area that was rural in nature. He does not want to see curb and gutter or lights. He doesn't want to see two -story buildings. He would rather see one -story ramblers because the area is so flat. He thinks this development will become an eye -sore for the community and will devalue the property around it. Jabbour said that if people take the time to read the Comprehensive Plan, the City is not diverting from that plan. He said the City does not have full control, but it does have some control. He said the applicant can choose to submit a plan for two -acre lots and they could build tall houses, plus two barns, plus a garage. Kelley said that where he lives today used to be a farm and there were no trees on it. Today, because of the houses that were built, people have planted trees that are now 16 feet tall. He said there is a pride in ownership and homeowners will plant trees. Jim Cox said he lives across the road from the project. He said he understands the neighbors' concerns about the road, but he doesn't want the road moved to line up with his house. He said he does not oppose the project. He is concerned about the height of the houses. Jabbour asked his opinion as a fire fighter. Cox said he is concerned about the height of the houses and, as a fire fighter, he would like to see public water because it gives them greater ability to fight a fire. He would not oppose the cul -de -sac with an access. He said the height of the building and the way the dirt is pushed up to the basement are more of a concern than the road issue. Jabbour asked how long the road would be with a cul -de -sac. Gaffron said it would be about 2,000 feet which is double what it should be. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 06) #2522 BANCOR GROUP, INC - Continued Flint asked if the cul -de -sac could be farther down the road. He said the road opposite Shadowood is a problem. Moorse said he doesn't know if a cul -de -sac will be necessary, because if there is a problem with the traffic being able to get out of there during busy times, the residents will start going out the south exit instead. Kathy Johnston, 2335 Shadowood Drive, said she is concerned about the safety of her children standing at that intersection waiting for the bus. She fears that the bus will only stop on one side or the other and her children will be forced to cross the road. Gerry Pettis said he lives on Dickey Lake Drive and Ringers Wood. He is very concerned about the traffic on Willow. He asked if the Council is going to keep to the two -acre lot size. Jabbour said this property is zoned for two -acre lots. He explained that the land can be developed with a two -acre minimum lot size or it can be developed as a PRD. He explained that the developer gets credit for all the area in the conservation outlot and the street. With a PRD, the City can negotiate the terms of the development. This a 58 -acre parcel and there will be 25 lots. Sansevere said he is concerned that the lots adjacent to Willow and 6 are small because they • are the most visible lots. Campion said the lots on the interior of the loop could be made two -acres by sacrificing some of the area in Outlot A. Lot 1 south of the southerly entrance is over two acres. He said that inside the loop, they weighed whether to create more outlot conservation area or increase the lot sizes. On Lot 15, in order to avoid an oddly configured lot that was one and a half times wider than it was deep, they chose a configuration that was nearly square. He said they could shift the size of the lots, but he isn't sure what would be gained. Sansevere said it seems to him that aesthetically it would be closer to the two -acres that people seem to want in that area. Campion said that on paper they would be getting closer to the two acres. Aesthetically, if they are standing out in the street looking at it, with the open space, they won't see the difference. Sansevere asked what type of houses they plan to build. Newman said they haven't designed homes for the individual lots. They will be upgrade homes and more and more upgrade homes are ramblers, but he would expect that some will be two - story homes. They were constrained in the layout of the lots because they were trying to work around the wetlands. Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13,1999 ( 96) #2522 BANCOR GROUP, INC - Continued Campion said that the building pads that they are proposing to construct will all accommodate ramblers. Kelley said he feels the PRD is an ideal solution for this land because of the topography and the wetlands. Flint said if you look at the area along Willow Drive, there are four lots totaling about 6.5 acres, but you have to look at the whole acreage and that puts four lots on 13 acres. He feels the PRD is a very good use of the property. Jabbour said the lot sizes could be increased by reducing the size of the conservation outlots, but that could push the houses closer to the road. Sansevere asked what the other council members think about the road issue Kelley said there have been problems throughout the City with roads that don't line up and headlights shining into homes. He said that if the exit to the north is a problem, perhaps it could be posted "no left turns" at certain hours of the day which would force the traffic to the south. Willow Drive is between two major roads. There will be even more traffic when the property to the south is developed. He said it might force a traffic signal at 6 and Willow. He does not feel the traffic issue should stop this development. He thinks the line up of the two roads is appropriate. Sansevere agrees with Kelley's suggestion to limit access during peak times. Jabbour said if there is a big box development at Willow and Highway 12, the traffic on Willow will increase dramatically. This can be controlled through the Comprehensive Plan. Kelley said the Council has fought Mn/DOT long and hard not to put an entrance on Highway 12 and Willow. Initially, they wanted to put an access ramp on Willow and the new road and the Council fought hard because they didn't want to force all that traffic onto Willow. The concept for Willow is that it is a neighborhood road for residential usage and the preliminary plan for Highway 12 does not have an entrance to Willow. Flint said that the private roads in Sugarwoods and French Creek are two of the nicest developments in Orono. If this road can look like those two, he is in favor of it being a private road rather than a public road. Jabbour said he is in favor of the private road. The other Council members agreed. Newman said the road is not a major issue. His concern is public water versus private wells. 0 Jabbour said he would like to see a gravity sewer system. Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #6) #2522 BANCOR GROUP, INC - Continued 41 Gappa agreed with Jabbour. He said it would be wise to use a gravity system rather than burden all the homeowners with grinder pumps. Jabbour said he understands the fire department needing water in the area and it would be nice to have fire hydrants, but he does not have strong feelings either way. He does not feel it is the developer's obligation to run water to the next development for the City's fire protection. He said if the City wants to run it, so be it. The developer gives the City an easement and they will run it. If staff and the Fire Department feel there should be hydrants, perhaps a single main could be run for hydrants. Newman said there is a significant cost involved just to bring water to the site, even for one hydrant. Kelley said he does not feel the site needs public water, especially if they are willing to go to 25 feet on the side setbacks. Flint said he thinks it depends on how much it costs. He would like to see water there not only for this development, but because of other developments to the east of there including Shadowood. He doesn't feel it is a good decision for the City in the long term to allow private wells. He said he doesn't want to spend the money, but perhaps there is a way to pay for part of it through the City system. • Jabbour said that Mr. Flint is suggesting that if the benefit to the homeowner is the price of well, approximately $5,900, multiply that by 25 homes and if the cost exceeds that, perhaps we could work on a formula where there would be public water and the developer would not pay a lot more than the cost of a well. Newman said they are receptive and are willing to work with staff on this issue. He said their analysis is that the cost of public water would be greater than a private well by a reasonable amount. Jabbour asked what the cost would be to extend public water to the site. Newman said he does not know all the numbers because part of the cost is the City assessment that gets charged for connection. He knows what the total cost is for both sewer and water, but he not sure what the cost is without water. Jabbour said that Newman is saying that the City's cost of the water tower assessed to the resident will by itself exceed the cost of a well, not to mention running the physical pipe. Newman said the assessment for sewer and water is $9,200. 0 Page 20 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 • ( #6) #2522 BANCOR GROUP, ING - Continued Weinberger said he believes the water service was over half of the sewer and water connection. It was around 60 %. Jabbour said the Council would be in terrible shape if they set a precedent by changing the assessment. Kelley said that if the property to the south gets developed at a higher density, it definitely will have to have water. He asked if there is any way to tell the homeowners association that once the property to the south is developed, an extension would be run for a fire hydrant at that time. The cost of that hydrant would be assessed to the homeowners. Flint said it would be simpler to run it now. Jabbour said there would be no SAC charges, everybody would be on wells, but the City would provide a hydrant eventually somewhere halfway in between and this subdivision would pay for the hydrant. Kelley is saying that the line would be at the corner of this subdivision anyway and it would not cost a lot more money to run the line to a hydrant. He said there is no way to waive the homeowners' right to appeal an assessment. The City could come up with an estimate of the cost and have it be part of the development agreement so the money could be set aside now. • Sansevere asked if there is an advantage to the City one way or the other. Moorse said there are significant benefits to the City in having municipal water there. The first one is fire protection. Sansevere feels it would be a selling point for the developer to have public water. Moorse said staff needs to get some more information about how much it would cost to bring water to the site in order to compare it to the cost of a private well. Then they can negotiate what amount the developer should pay to get water in there and is there an amount that the City is willing to pay because there is a general benefit. Flint asked Weinberger what the SAC and WAC charges would be if both sewer and water are extended to the development. Weinberger said the connection charge for sewer and water, just the connection into the system, is approximately $9,200 per unit. Flint asked about only the connection charge. . Weinberger said he believes the SAC charge is $1,050 per unit. Page 21 ORONO CITY COUNCIL MEETING MINUTES FOR DECENT BER 13, 1999 ON #2522 BANCOR GROUP, LNG - Continued Jabbour said the cost of running the pipes would be on top of the connection charges. He would be very uncomfortable setting any precedent because there may be commercial or high density developments in the future. Newman said he understands that having public water enhances the value of the lots. He said they would have to run the line approximately 1,300 feet just to bring it to the site. Early on in their discussions with staff they were told that it is not the policy of the City of Orono to pay to bring water to the site, so they never made that request. Jabbour asked how much it would cost to run the pipe to the site. Kellogg said it would probably be an eight -inch line. Jabbour said that's $45,000. Kellogg said that where water was extended through the Middle School site, the City did acquire an easement from that line to the west boundary of this parcel with the idea that someday it would be extended to that point. The easement is in place, but the pipe isn't. Jabbour said that based on what the City has done in the past, he doesn't feel there is a need for public water. But, based on the way people are building their homes now and on the fire • department's report to the Council that there are times when they can't even get on top of the houses and their tankers can't carry enough water, he is starting to change his feeling and attitude towards public water. Kellogg said that when the City goes into existing neighborhoods to provide sanitary sewer, inevitably the next question they ask is when is City water coming. Sansevere said he favors City water. He doesn't see a compelling enough reason not to have it. He doesn't feel the Council should consider the developer's cost in making that decision. Jabbour said the current style of houses dictates that the City have water available to fight fires. Kellogg said there is a possibility of bringing the line in at the southwest corner from the water tower area. He doesn't know if it would be any shorter to come in that way. Flint said we know we will be extending water along what will be Kelly Parkway because of what is planned for that area. Mr. Callahan said if public water isn't put in now, the City should take the easements necessary to put it in later. 0 Page 22 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 . 06) #2522 BANCOR GROUP, INC - Continued Gappa said the water is close to the southwest corner of the property because it comes off the water tower, goes east, then down the east boundary line of Public Works. Gappa said the water would be $5,810 per unit for the connection charge. That does not include running the water line. Flint said it sounds like the Council members are in favor of public water. He asked if the trail will be constructed as part of the subdivision. Newman said they are willing to put the trail in if they get the credit for that against their Park Dedication fees. Flint said he would have to check to see what the City did on the Dickey property. Newman said he would expect to have a credit for the construction cost of the trail. Jabbour said the homeowners should be told that the City does not plow trails. Kelley asked about their plans to screen the lots on the west side from the new school where there will be baseball and soccer fields. . Newman said they are planning to leave it open because there is a buffer zone there. The homeowners will probably do extensive landscaping. Their covenants require approval of the landscaping plans. Kelley said if the road is public instead of private, other people would have a right to use the road to get to the trails. Newman said they are showing a trail connection there. He assumes that if the trail is paid for with Park Dedication funds, it would be a public trail. Jabbour said that Kelley is saying that people would not have the right to be on the road to get to the trail if it isn't a public road. He said the City should take an easement over the road too. Kelley said he wants to make sure because if he lived on the east side of Willow Road in Shadowood, his direct line to the baseball field would be through this development. Newman said there is another trail connection through Outlot A. Kelley said that kids from Shadowood are going to come across the street, into the private road and down the public easement into the school. • Jabbour said there should be some language giving them the right to do that. Page 23 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #6) #2522 BANCOR GROUP, LVG - Continued • Newman said the trail can be dedicated as public. Weinberger asked if the trail could be extended in a different location. Newman said the only non - wetland lot line that they have is the one where the trail is located. Kelley asked how wide the trail will be. Newman said they are planning an eight -foot paved trail with additional easements. Kelley said the neighbors might object to the trails if they don't know about them before they move in. That has happened before and the City vacated some trails. Newman said the key to it is to let the buyer know about the trail expectations on the front end. He said they would put the trails in when the streets are constructed so the neighbors can see them. Jabbour said the City vacated those other trails because they went to no where and there were other trails adjacent to them that came up all the way to the school and Baker Park. He said the City has no intention of vacating other trails. Sansevere said he doesn't know if kids will actually follow the trail because it has a jog in it. • Kelley said he is suggesting that the City take an easement so the trail can be on the roadway. He said the neighbors can put in landscaping that will direct kids toward the trail. Flint questioned the location of the trail. Jabbour suggested that a condition be approved by staff of a trail system that connects Shadowood to the School District. Jabbour said they should talk about the height of the buildings and he believes there should be no accessory structures allowed on the sites. Newman said he feels the building pads are large enough for big garages. Jabbour said there should be no outside storage except a licensed vehicle. Newman said they can address it in their covenants. Jabbour said the covenants can be changed and he wants it to be part of the PRD. Jabbour asked if they could divert from the ordinance and put in a "not to exceed" height. Page 24 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 . ( #6) #2522 BANCOR GROUP, INC - Continued Kelley asked what if someone wants to put in a tennis court or a swimming pool? Jabbour said no above -grade accessory structures. Sansevere said what if someone wants to put in a gazebo attached to the pool area. He asked if they were trying to eliminate sheds. He asked if their covenants allow for a pool? Newman said yes, but he thinks the covenants would prohibit a gazebo. Jabbour said that above -grade accessory structures should be prohibited. Newman said the covenants could be submitted for review by staff and that becomes one of the conditions the PRD. Jabbour asked again about the height of the buildings. He asked about the present permitted height. Weinberger said it is the average peak and its 30 feet, so essentially you could have a structure taller than 30 feet in height if the entire second floor would not be used as livable space. 0 Kelley said he is not in favor of changing that. Peterson and Sansevere agreed. Jabbour said he feels public water should be provided. Newman said that then the Council should change its policy on helping the developer pay for bringing water to the site. Kelley said he has a problem with paying for 1,300 feet of pipe to bring water to their property. Kellogg said there is water available closer than 1,300 feet and this needs further study. Kelley said the City has to be consistent in its policies. Newman said they were advised by City staff that in bringing sewer to the site, they would be responsible for the cost of bringing it to the site. They anticipate paying for approximately 1,200 feet of line outside of their development. If the City changes it's policy on paying for water, they should change it for sewer also. • Jabbour said that if the City diverts from the current sewer policy, it would bankrupt the City. Page 25 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #6) #2522 BANCOR GROUP, ING - Continued . Newman said that all the other conditions are acceptable. He asked that the matter be moved forward and they be given a chance to work with staff on a cost evaluation and bring back a recommendation subject to approval at the next Council meeting. Jabbour said the time limit does not allow it to come back again. If a fire hydrant is needed, he does not object to the City picking up some of the cost to run the line between two fire hydrants. Kelley asked if the PRD could be amended at a future meeting. Jabbour said the Council can require the public water now and change it at a later date. Newman said he wants assurance that the City will look at private wells instead of public water. Sansevere asked ifNewman's only objection was cost. Newman said yes. Jabbour said if staff says the City cannot live without them taking it all the way to 6 and Willow, and this development is self - sufficient with it being in the middle of the road, he thinks it is the City's call if they want to either make them do it or pick up the tab for it. Kelley said he is in favor of the 25' setbacks. He asked if they are planning curb and gutter. Newman said it would be a rural setting. Kelley said there should be no lights. He asked if there would be monuments. Newman said there will be a monument and a median at each entrance. He asked that the City not put up any warning sign for the median. Kelley said he is in favor of this application. Sansevere asked if the Council needs to address the traffic controls at this time or if it would be subject to a study. Jabbour said since this will be a private road, it should be included now. Kelley asked if the City has the right to restrict right or left turns off from a private road. Barrett said the City could, but it would be just as easy to say in the PRD that the City reserves the right on the private road to control the left and right turns. • Page 26 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 . ( #6) #2522 BANCOR GROUP, INC. - Continued Kelley moved to approve and adopt a resolution Approving a Preliminary Plat and Planned Residential Development for Application 92522, The Bancor Group Inc., at the Southwest Corner of County Road 6 and Willow Drive North (Willow View), subject to the following conditions: 1. Sewer service shall be a gravity system. 2. Traffic flow on private road is subject to the reasonable regulation of the City. 3. Municipal water service shall be installed on the site. 4. Internal roads will be private, but there will be an underlying public roadway easement to the City. 5. There will be no public lighting, except it may be necessary to light the intersection for the private road and Willow Drive in the future. 6. Setbacks will be: Front Yard Setback 35 feet Side Yard Setback 25 feet Rear Yard Setback 30 feet Side Adjacent to Street 35 feet 7. There will be trail easements along County Road 6, along Willow Road and east /west across the property from Willow to the Middle School property and over the private road. The trails are to be completed prior to construction of any . homes. The trail will be 8' wide bituminous with a 12' easement. 8. There will be no accessory structures above 6', and only non - roofed accessory structures are permitted. 9. There will be no curb and gutter except at the entrance medians. 10. Copy of the covenants must be approved by City staff. 11. The conservation easement to be platted as a conservation outlot to be held in the ownership of the Homeowner's Association. 12. The landscape plan shall be subject to approval by City staff and the developer will post a letter of credit in the amount of 150% of the improvement costs. Trees will be planted along the private road spaced at every 40'. Kathy Johnston said she objects to the plans for a monument and median at the entrance because of traffic concerns and it will take away from the rural character of the neighborhood. Newman said he is willing to submit the plans for the entrance for staff review. Weinberger said that in the case of Carriage Hill and some other developments, the monument signs that would go in would actually exceed the height allowed. He recommended that when a monument sign plan comes in, the Council shall review the plan. Flint asked if the Council can approve this in principle and have staff come back with a draft at the next meeting. He asked if the December 16 deadline can be extended. Page 27 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #6) #2522 BANCOR GROUP, INC. - Continued . Barrett said there has been one 60 day extension by the City. Permission of the applicant would be required for another extension. Newman said he doesn't have a problem extending the time limit. Jabbour said the City would need something in writing regarding extending the time limit. Kelley seconded the motion. Flint amended the motion to state that it is subject to staff drafting the resolution and presenting it to the Council at the next meeting. He asked if Newman would give his written consent to extend the deadline. Newman said he understands the process and he is willing to give his written permission. Jabbour said he would like the motion amended to state that the Council is giving approval based on these conditions, if written permission for an extension is not obtained. Flint and Kelley accepted the friendly amendment to the motion. VOTE: Ayes 5, Nays 0. 0 Break, 10:30 p.m. - 10:35 p.m. ( #8) #2544 ALFRED AND MARILYN RICHIE, 905 TONKAWA ROAD - FINAL PLAT OF RICHIE ADDITION - RESOLUTION NO. 4400 Peterson moved, Kelley seconded, to approve and adopt Resolution No. 4400, a Resolution Approving the Plat of Richie Addition. VOTE: Ayes 5, Nays 0. ( #9) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH - CLASS III SUBDIVISION Charles Van Eeckhout, applicant, was present. Weinberger presented the staff report. This application is for a seven -lot Planned Residential Development on property located at 120 Brown Road South. It is approximately a 20 -acre parcel with approximately 14 acres considered dry buildable. The current access to the property is via a private driveway easement across a property known as Tract G which is owned by Mr. John Dunn. The Planning Commission reviewed this matter at their last meeting and recommended by a vote of 7 to 0 to deny the request for this subdivision, conditional use permit and variances based on a request by the applicant to move this item forward to the City Page 28 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 ( #9) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH -Continued Council. The Planning Commission was prepared to table this application as there was a lengthy list of issues to be resolved regarding this property. Weinberger said the application requires the following approvals: 1. A conditional use permit for a Planned Residential Development. 2. Road width variance and a variance to allow the road to be developed at less than the minimum requirements. Kelley said he would have a hard time approving this when the Planning Commission has voted 7 to 0 to deny the application. He would like to see what the rest of the Council members feel before Weinberger proceeds with the staff report. Sansevere asked Mr. Van Eeckhout if he has received any information from Mr. Dunn that he will sign the plat documents. Van Eeckhout said that Mr. Dunn has not signed the access documents. Van Eeckhout said his attorney has told him that he has all the legal access that he needs. He suggested that the City Attorney and his attorney work out the access question. • Sansevere said he would not be comfortable moving forward unless it was clarified. Van Eeckhout said it is clarified and that he has an absolute ability to access this property adequately. The worst circumstance would be a condemnation which the City has the authority to do. He said the City approved this access to serve this property and he bought it under those circumstances. He feels this is a legal issue, not a planning issue. Jabbour said Van Eeckhout should expect the elected officials to be very up front with him. He said the Council members are uncomfortable acting on this application. Jabbour said there is a difference between having an access to several homes versus a private easement for one home. Flint asked if access could be from the north for lots 1, 2, 3 & 4 Van Eeckhout said it was the general consensus on the part of City staff and his marketing people that access from the north would not make as nice of a community, but it isn't impossible. Flint said that perhaps some of the problems with the 30 percent inclines resulted because of the direction of the access. • Van Eeckhout said this application has had some dark shadows cast over it from day one. One of those shadows are the 30 and 40 percent grades. He said they are strictly fictitious and Page 29 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #9) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH- Continued 41 there are no 30 and 40 percent roadway grades anticipated. He has a layout that shows they can serve all the lots with seven percent grades. Flint said that validates Kelley's point, that the work has not yet been done at the Planning Commission level that allows the Council to decide on the issues. Van Eeckhout agreed that the Council should not override the Planning Commission. He said this is a difficult process and he does not want to change the plans based on individual suggestions. He again stated he does not feel there is an access problem and it can be worked out between the attorneys. He said the main issue that the Planning Commission raised is the size of the lots in the north portion of the property. The Planning Commission said those lots were too small, but they would not make any kind of commitment regarding the size of lots they would approve. He is reluctant to do detailed road design when he doesn't know where the road is going to be and he is reluctant to do detailed sewer designs when he doesn't know where the lot lines will be. He wants direction from the Council before making changes. He said he told the Planning Commission that he is comfortable with a 24' road width and he doesn't understand why the City wants a wider road because it will create more hardcover. He said that in light of what they talked about at the Planning Commission, he came up with a new plan which the Planning Commission has not seen. He presented a new plan with more open space. The new plan would eliminate all the creek crossings. Sansevere said he was present at the Planning Commission meeting. Mr. Van Eeckhout had • queried each Commission member on issues that Sansevere thought should have been dealt with at the staff level. Van Eeckhout said the staff will not give him the information. Jabbour said that the Council members want to have a thorough understanding of the project and Mr. Van Eeckhout should work through the Planning Commission process. Regarding the access, the City doesn't usually go through other people's land for a road. Kelley asked if this project should be included in the MUSA line. He said there has been an assumption that the City will bring sewer to this property. Jabbour said that assumption was made by the Council when the applicant asked. Sansevere said he is uncomfortable with the fact that Mr. Dunn has not signed the plat documents and dedicated the easements in favor of the City of Orono. He asked Barrett if that is something the City must wait for before acting on this application. Barrett said he would recommend that the Council make the PRD conditioned on demonstration of access or the proper title. He said he would give an opinion on the title and if the applicant doesn't have proper title, then he can't file the documents. • Page 30 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 . ( #9) #2550 CHARLES VANEECKHOUT, 120 BROWN ROAD SOUTH- Continued Dave McCoskey, 130 South Brown Road, asked how the easement questions can be resolved. Jabbour said that is between Mr. McCoskey's and the applicant's title companies. Jabbour said the City cannot act as Mr. McCoskey's agent. McCoskey said he does not want the development. Jabbour said the applicant has the right to develop the property. McCoskey asked if the access issue controls the whole layout. Jabbour said it can be approved subject to access and it will be up to the applicant to get the access. Douglas Coleman, 140 South Brown Road, asked if the development of the property is dependent on sewer. Jabbour said there must be sewer for this project. It would be hooked up to the Long Lake part of the sewer. The cost of the sewer will be paid for by Mr. Van Eeckhout. • Coleman asked about the impact on the stream that runs from Long Lake to Minnetonka. Jabbour said there are shoreline management ordinances that the applicant has to adhere to. There are restrictions up to 300 feet from the creek. Weinberger explained some of the restrictions. The original proposal contained a crossing of the creek for a driveway and the sewer would have crossed the creek. Van Eeckhout said the new proposal eliminates those crossings. Kelley asked about the building envelopes and perhaps there isn't room for seven lots. Van Eeckhout said the only problem would be the sewer and there is legally room for seven lots. He showed where they would be located. Jabbour asked what the Council wants, a standard subdivision or a PRD. Kelley said he believes it should be developed as a PRD because of the topography. Van Eeckhout said the Planning Commission was hung up on the size of the lots in the north and that is what Van Eeckhout objected to. He said he had guidance from staff on the size of • those lots. He said staff felt the size of the lots was appropriate from a transitional point of Page 31 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #9) #2550 CHARLES VANEECKHOUT, 120 BROWN ROAD SOUTH- Continued . view. He is trading the small lots for all the open space on the south end. He said that if the Council likes this concept, he will go back to the Planning Commission. Flint said he prefers the new proposal over the proposal in the staff report. Sansevere asked why the applicant doesn't make the lots bigger. Van Eeckhout said the best building sites are in those four spots. Jabbour asked how the neighbors feel about the new proposal. Weinberger said there is dry buildable area around the lots in the north that would expand the size of the lots, but the Council should keep in mind the lots to the north of this area in Long Lake are zoned and platted for a 10,000 - 15,000 minimum size. He said this design maintains all four sewer connections in the same area. He said that originally this was shown using the entire development as part of one of seven lots. Now the applicant is showing open space. The entire area to the south just north of the Luce Line Trail is shown as open space which is really almost four acres dry. This also addresses many of the issues the DNR had with the driveway and the sewer crossing of the creek as well as the issue of the sewer line crossing the Luce Line Trail. These are some of the things that the applicant discussed with staff. Kelley asked how everyone feels about the flag lot. • Van Eeckhout said he lives on that lot. Coleman said this plan is better than the previous one. Kelley asked why the flag lot was so narrow at the top. Van Eeckhout said it is basically just a driveway at that point. Flint asked if the open space would be deeded to a homeowner's association. Van Eeckhout said that would be subject to agreement between his attorney and the City's representative. He would not object to deeding the open space to a homeowner's association. Jabbour said he wants the applicant to understand that this proposal will be subject to the access. Sansevere asked if Mr. Dunn is agreeable to sign the documents. Van Eeckhout said Mr. Dunn is in Florida, but he has talked to him once. He said Mr. Dunn • has been paid twice for the easement and he wants to be paid again. Page 32 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 • ( #9) #2550 CHARLES VANEECKHOUT, 120 BROWN ROAD SOUTH- Continued Kelley said he would like to send this matter back to the Planning Commission. He doesn't have a problem with the size of the four lots in the north. He would like to have the outlot combined with lot 7 so it is a two -acre parcel. He feels it needs to be connected to sewer because the Comprehensive Plan includes protection of lakes and waterways and there is a waterway through this land. Jabbour told Mr. Van Eeckhout that this matter will be referred back to the Planning Commission and he asked staff to send the applicant a notice for a 60 -day extension. Sansevere asked if there were trees on the western portion of Lot 7. Van Eeckhout said Lot 7 is totally wooded. Kelley said the setback could be increased as part of the PRD. Kelley moved, Sansevere seconded, to refer Application #2550 for Charles Van Eeckhout, 120 Brown Road South, back to the Planning Commission and directing staff to send Mr. Van Eeckhout a 60 -day extension. VOTE: Ayes 5, Nays 0. ( #12) HIGHWAY 12 PRELIMINARY LAYOUT - RESOLUTION NO. 4403 Moorse stated that this is a resolution approving the Mn/DOT adopted preliminary layout for Highway 12 and a letter to go along with the resolution laying out the objectives of the City as the process is continued to the final design phase. He reviewed changes to the resolution. The Design Review Committee members reviewed and commented on the resolution and the letter. Sansevere said he objects to metered ramps. He asked if that can be addressed at this time. Moorse said it is addressed in #7, Objectives to be Addressed. Kelley asked about the lighting on the bridges. Jim Murphy said that in the final design there will be a considerable amount of discussion about the kind of lights that go on the bridges. Kelley said he walked the corridor and he feels there will be a lot of headlight wash as cars that are westbound on the new road go underneath Old Crystal Bay Road. He said that Mn/DOT should do something to eliminate that headlight wash. Murphy said he will look at the cross sections, but he thinks the highway will be lower than • the railroad by two or three feet all the way through there. Page 33 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #12) HIGHWAY 12 PRELIMINARY LAYOUT -Continued . Moorse said there is a question about the first sentence of the letter that states "approved the corridor for the upgrade of Highway 12 without restrictions." Flint said the words `without restrictions" should be removed. Kelley moved, Peterson seconded, to adopt Resolution No. 4403 to Approve the Trunk Highway 12 Adopted Preliminary Layout Plan, as amended, and to authorize staff to send the letter to Mn/DOT, as amended. Jabbour thanked Mr. Murphy for his work on the Design Review Committee. VOTE: Ayes 5, Nays 0. MAYOR/COUNCH, REPORT None ENGINEER REPORT ( #10) POLICY ON COST ALLOCATION FOR SEWER PROJECTS Kelley recommended that this matter be discussed at the January meeting. Jabbour moved, Peterson seconded, to table the Policy on Cost Allocation for Sewer Projects until January. VOTE: Ayes 5, Nays 0. ( * #11) EAST LONG LAKE SEWER PROJECT A. ORDER FEASIBILITY STUDY - RESOLUTION NO. 4401 B. RECEIVE FEASIBILITY STUDY AND SCHEDULE PUBLIC HEARING RESOLUTION NO. 4402 Peterson moved, Kelley seconded, to approve Resolution No. 4401 ordering the preparation of a feasibility study for the East Long lake Sanitary Sewer Project and to approve Resolution No. 4402 accepting the feasibility study and scheduling a public hearing for the East Long Lake Sanitary Sewer Project for 7:00 P.M. on January 10, 1999. VOTE: Ayes 5, Nays 0. E Page 34 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 . CITY ADMINISTRATOR'S REPORT ( #13) PUBLIC WORKS SITE EXPANSION - EMINENT DOMAIN OPTION Jabbour said he heard this parcel of land will be proposed for development in the near future. Jabbour asked Barrett to comment on the condemnation procedure. Barrett said there are essentially two methods of proceeding to condemn property in Minnesota. One is a quick take by which you announce that you will get title within 90 days and that you have put some percentage of the value in the bank against an appraisal. After 90 days the City gets the title and it is irreversible. There can also be a more general condemnation which commences the condemnation action. The court appoints commissioners, the commissioners set a value, the value goes to the court and the City can withdraw from that procedure at some point. But the Council members should be aware that the downside of that is that if the procedure is discontinued, the City would have to pay the other party's costs and attorney's fees. Flint said perhaps the Council could authorize Moorse to start the proceedings without actually filing for a general condemnation. Kelley asked why the City would not want to do a quick take. 0 Barrett said the City would have no control over the price of the land. Jabbour said the Council should authorize staff to start the condemnation proceedings and to send a letter to the property owner to tell them the City is about to proceed with this condemnation. The Council also instructed staff to contact the School District regarding the purchase of land north of the City's property. Barrett suggested that the Council direct staff to prepare a resolution authorizing the taking of this land. Kelley moved, Peterson seconded, to direct staff to prepare a resolution authorizing the acquisition of Outlot B, Willow Properties Addition through the eminent domain process. VOTE: Ayes 5, Nays 0. ( * #14) PARK COMMISSION REAPPOINTMENTS Peterson moved, Kelley seconded, to authorize staff to place a news release in the local newspapers requesting candidates to serve on the Park Commission. VOTE: Ayes 5, Nays 0. Page 35 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #15) COUNCIL LIAISON TO PARK COMMISSION AND PLANNING 40 COMMISSION MEETINGS IN 2000 Flint said he will not be available to attend the Park Commission meeting on March 6 or the Planning Commission meeting on February 23. He asked if any of the Council members would want to trade dates with him. Sansevere said he would attend the March 6 Park Commission instead of the May 1 meeting. Jabbour said he would attend the February 23 Planning Commission meeting instead of the June 19 meeting. ( #16) DECLARATION OF LOCAL JURISDICTION RE: ISTS Kelley recommended that his matter be discussed at the January meeting. Jabbour moved, Flint seconded, to table Declaration of Local Jurisdiction RE: ISTS until the January meeting. VOTE: Ayes 5, Nays 0. ( * #17) FORMAL OPENING OF NORTH ARM LANE AS PUBLIC ROAD - RESOLUTION NO. 4404 Peterson moved, Kelley seconded, to adopt Resolution No. 4404 Declaring North Arm Lane Open as a Public Road. VOTE: Ayes 5, Nays 0. ( #18) 4220 WATERTOWN ROAD - RIGHT -OF -WAY BUILDABILITY CREDIT - RESOLUTION NO. 4405 Gaffron noted that the correct address is 4220 County Road 6. On October 28 Council directed staff to draft appropriate documents by which the City would enter into a binding agreement with the Hannings in regards to future area credit for the right -of -way taken from their property for the County Road 6 upgrade. Specifically, such an agreement would allow the use of said right -of -way as area credit toward the 5 -acre area requirement should the Hannings wish to subdivide in the future. Gaffron said the City Attorney has suggested that a "resolution of intent to enter into an agreement" is a logical first step toward resolving the litigation between Hennepin County and the Hannings regarding the value of the land taken for right -of -way. Jabbour said he didn't think the Council could bind future councils to this type of agreement. Barrett said he is not sure what the final form of this agreement will be, but the City is trying to give them some indication that it is amenable. Sansevere moved, Kelley seconded, to approve and adopt Resolution No. 4405, a Resolution of Intent to Enter into an Agreement with the Owners of Property Located at 4220 County Road 6. VOTE: Ayes 5, Nays 0. • Page 36 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 • ( * #19) APPOINTMENT OF FULL-TIME POLICE OFFICERS Peterson moved, Kelley seconded, to approve appointment of Jeff Johnson and Tony Wittke to the full -time police officer positions effective January 1, 2000 at starting pay rate level of $14.41 per hour plus benefits. VOTE: Ayes 5, Nays 0. ( * #20) APPOINTMENT OF FULL -TIME COMMUNITY SERVICE OFFICER Peterson moved, Kelley seconded, to approve hiring of Ronald Hendricks as a full -time Community Service Officer at a pay rate of $10.69 per hour with full benefits. VOTE: Ayes 5, Nays 0. ( #21) SCHEDULE WORK SESSIONS Moorse said that to continue to move ahead with the update of the Comprehensive Plan, the Council needs to schedule additional work sessions. He suggested 7:30 a.m., January 6th and 13th, and 5:00 p.m., January 10th and 24th. Flint said he would not be available on January 13th. Moorse said he will schedule the work sessions for 7:30 a.m., January 6th, and 5:00 p.m., • January 10th and 24th. ( #22) REQUEST TO ESTABLISH INSURANCE FUND - RESOLUTION NO. 4406 • Moorse said this is a request to establish an insurance fund that would be used to fund the cost of the City's insurances. This fund will be able to absorb differences in insurance costs. Each year the fund will be reviewed during the budget process. Flint asked if this will use up the surplus for this year. Moorse said no, that the City has been receiving a substantial amount of dividends for the last five or six years that will be transferred to the new fund. This fund will help even out any significant cost increases or decreases from year to year. Peterson moved, Kelley seconded, to adopt Resolution No. 4406 to establish Insurance Fund, an Internal Service Fund, as of January 1, 2000; to authorize operating transfer of $123,900 from the General Fund to the Insurance Fund, and amend the corresponding transfer in or out budget of each fund by a like amount, effective January 1, 2000; and establish the Insurance Fund 2000 budget for expenditures of $135,685, and for revenues of $135,685. VOTE: Ayes 5, Nays 0. Page 37 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #23) LETTER OF INTENT TO PURCHASE SQUAD CARS Moorse said the purchase of three new squad cars is in the 2000 budget. Staff' likes to get out a letter of intent at this time of year due to the restrictive number of vehicles being built. Jabbour moved, Peterson seconded, to authorize staff to send a Letter of Intent to Purchase Three 2000 Ford Crown Victoria Squad Cars to Superior Ford. VOTE: Ayes 5, Nays 0. ( * #24) APPOINT AUDITOR FOR FISCAL YEAR 1999 Peterson moved, Kelley seconded, to approve the appointment of the audit firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. to perform the required audits for the 1999 fiscal year records at an estimated cost of $20,160, plus direct expenses. VOTE: Ayes 5, Nays 0. ( * #25) 1999 INTERFUND TRANSFERS AND LOAN PAYMENTS Peterson moved, Kelley seconded, to approve the interfund loan principal and interest payments to the Building Capital Outlay Fund from the 1998 Sewer Construction Fund of $352,530, and from the Water Operating Fund of $56,390, effective December 1, 1999. VOTE: Ayes 5, Nays 0. • ( * #26) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Peterson moved, Kelley seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 27th Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 10, 2000 Council meeting. VOTE: Ayes 5, Nays 0. ( * #27) CHANGES IN UTILITY BILLING LATE FEE POLICY Peterson moved, Kelley seconded, to amend the penalty for late payment of utility bills from - 15% after 45 days from the billing date (applied only to the current quarter) to - 8% after 30 days from the billing date (applied to the total unpaid balance); and to include this change in the ordinance adopting the City's Fee Schedule for 2000 and Summary Ordinance for publication. VOTE: Ayes 5, Nays 0. ( #28) 2000 MEETING SCHEDULE Flint questioned having a City Council meeting on February 14th. Peterson moved, Jabbour seconded, to approve the 2000 schedule as presented. VOTE: Ayes 5, Nays 0. • Page 38 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 • ( #29) 1999 MARINA LICENSES • • Gaffron presented the staff report. There are five applications for marina licenses and staff recommends approval of the licenses. Peterson moved, Sansevere seconded, to approve the issuance of 1999 Commercial Marina Licenses to Windward Marina, King's Cove Marina, Sailor's World Marina, North Shore Marina, and Lakeside Marina. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. ( * #30) LICENSES Peterson moved, Kelley seconded, a motion to approve the following licenses: Kennel On Sale 3.2 Beer Off Sale 3.2 Beer On & Off Sale 3.2 Beer VOTE: Ayes 5, Nays 0. ( * #31) BILLS L. James Marier, Jr. 2775 White Oak Circle Lakeview Golf of Orono, Inc. 405 North Arm Drive Orono Public Golf Course 265 Orono Orchard Road O' Sullivan's 2420 Shadywood Road O'Sullivan's II 3340 Shoreline Drive Navarre Lanes 3435 Shoreline Drive Peterson moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Page 39 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 Jabbour moved, Peterson seconded, a motion to adjourn the meeting at 12:20 a.m. VOTE: Ayes 5, Nays 0. ATTEST: _ j- Linda S. Vee, City Clerk Jabbour, Mayor Page 40 0