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Home My WebLink About09-11-2006 Council Packet PUBLIC ATTENDANCE , /-� MEETINC DATE � - ,� j� � ��.J � .�COUNCIL ❑ PLANNING C OMMISSION P�Eas�FiLr.ouT TxE i�Fo�aT�oN REQuESTEn ❑ PARK COMMISSION BELOW FOR OUR C1TY RECORDS. ❑ OTHER PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER �. =�.,� A nd.e�sa� �zZs ..-�,��s�+ �-,�-� �►� a 06 �- �Z�� 2. ��--�� ;�,�, a � c � w.�� ,,� �� y - 3� � � 3. , �i � � i� 1✓��v�r �c' 1F,� �`v � _ /�C %T�.>�YZ, S7� s�u�, �a � � - �,k 3dv � � ._ 3 zCU a. Itit is � s.� 1 vt� .��k�� l�Sd L't��c��/�L�� lo - 3aiS' 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. \ti:\Administniti�c Supporl\(fornis)\Public:l[Icndanccn.pd AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 11, 2006, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE MOMENT OF SILENCE IN MEMORY OF 9/11 CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of August 28, 2006 PARK COMMISSION COMMENTS - Mike Huddy PLANNING COMMISSION COMMENTS - Cynthia Bremer, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #04-3069 G & L Land Investments LLC, 2665 Mapleridge Lane - Variance * 4. #06-3206 Ken and LoriJean Anderson, 4225 Forest Lake Drive - Variance 5. #06-3208 Ryan Companies US, Inc., 2765 Wayzata Boulevard West - Preliminary Subdivision and Commercial Site Plan Approval - Resolutions 6. #06-3215 Todd Martin Schaible, 1450 Cherry Place - Variance - Resolution * 7. #06-3220 Jule and Elizabeth Hannaford, 1220 Bracketts Point Road - Variance - Resolution 8. #06-3212 Hempel Properties, Outlot A Stonebay (NW Corner of Willow Drive North and Highway 12) - Commercial Site Plan - Architectural Style Depictions for Discussion MAYOR/COUNCIL REPORT CITY ENGINEER’S REPORT 9. Request for Payment No. 1 - Jamestown Road Sewer Project 10. MCES I/I Surcharge Program - Resolution CITY ADMINISTRATOR'S REPORT 11. Adopt Preliminary 2007 Tax Levy and Budget - Resolution 12. Selection of Dates for Truth in Taxation Hearings CITY ATTORNEY'S REPORT 13. LICENSES * 14. BILLS AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 11, 2006, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 2006 09/09 - City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m. 09/11 - City Offices Open for Absentee Voting until 5:00 p.m. 09/11 - Council Meeting, Monday, 7:00 p.m. 09/12 - Primary Election, Tuesday, 7:00 a.m. - 8:00 p.m. 09/12 - Candidate Filing Closes for November 7 General Election, Tuesday, 5:00 p.m. 09/18 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison - Lili McMillan) 09/25 - Council Meeting, Monday, 7:00 p.m. 09/26 - Council Work Session, Tuesday, 5:45 p.m. 10/02 - Park Commission Meeting, 7:00 p.m. (Council Liaison - Lili McMillan) 10/04 - Planning Commission Work Session, Wednesday, 5:30 p.m. 10/06 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/07 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/09 - Council Meeting, Monday, 7:00 p.m. 10/10 - Council Work Session, Tuesday, 5:45 p.m. 10/13 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/14 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/16 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison - Bob Sansevere) 10/20 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/21 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/23 - Council Meeting, Monday, 7:00 p.m. 10/24 - Council Work Session, Tuesday, 5:45 p.m. 10/29 - Daylight Saving Time ends MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jim Murphy, Bob Sansevere, and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Items 5, 8, 14, 15, 16, 17, 18, 19, and 20 were added to the Consent Agenda. White moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF AUGUST 14, 2006 White moved, Peterson seconded, to approve the minutes of the August 14, 2006 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. INTRODUCTION OF NEW FIREFIGHTERS Long Lake Fire Chief Steve Becker introduced the eight newly appointed volunteer firefighters for the Navarre Fire Station. Mayor Peterson, on behalf of the City of Orono, thanked the firefighters for the dedication and effort they have spent in training to become a firefighter. ______________________________________________________________________________ PAGE 1 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 1 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ 4. ORONO DISCOVERY CENTER FUNDING REQUEST – RESOLUTION NO. 5497 Erin Anderson, Orono Discovery Center, addressed the City Council regarding the community programs and services currently being offered at the Orono Discovery Center. The Orono Discovery Center is in its fourth year of operation and at this time is looking to invest in its infrastructure by completing technology upgrades for the building. A CDBG grant in the amount of $28,000 will cover the majority of the costs. Each of the cities served by the center is being requested to contribute $1,400 toward the project. Sansevere inquired whether any of the cities have declined to provide funding for this request. Anderson indicated the cities of Maple Plain and Minnetonka Beach have agreed to provide funding and that she will be appearing before the Independence and Long Lake City Councils in the near future. Anderson stated the grant and the additional funding would provide a substantial benefit to the Center’s ability to continue to provide services. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5497, a Resolution Authorizing Funding for the Orono Discovery Center Infrastructure Project. VOTE: Ayes 5, Nays 0. 3A. ACKNOWLEDGEMENT Mayor Peterson acknowledged Drew Smith, Orono student, in attendance at tonight’s meeting. PARK COMMISSION COMMENTS – PAUL PESEK, REPRESENTATIVE No Park Commission representative was present. PLANNING COMMISSION COMMENTS – DAVE RAHN, REPRESENTATIVE Rahn stated he had nothing to report but would remain for questions. PUBLIC COMMENTS None ______________________________________________________________________________ PAGE 2 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 2 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ ZONING ADMINISTRATOR’S REPORT *5. #05-3147 STEVE AND JANNA SUNDBY, 3587 NORTH SHORE DRIVE – VARIANCE AND CONDITIONAL USE PERMIT – RESOLUTION NO. 5498 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5498, a Resolution granting a conditional use permit for the property located at 3587 North Shore Drive. VOTE: Ayes 5, Nays 0. *6. #06-3180 BRUCE SCHMITT ON BEHALF OF WILLIAM ULRICH, 2280 FRENCH CREEK CIRCLE – VARIANCE – RESOLUTION NO. 5499 White moved, Peterson seconded, to adopt RESOLUTION NO. 5499, a Resolution granting lakeshore setback and average lakeshore setback variances for the property located at 2280 French Creek Circle. VOTE: Ayes 5, Nays 0. 7. #06-3189 TERRY AND SUZANNE JOHNSON, 543 PARK LANE – VARIANCE Terry and Suzanne Johnson, Applicants, were present. Curtis noted this application was tabled at the May 22nd Council meeting. At that meeting the application was tabled in order for the applicants to redesign their plans to meet the Council’s direction. The applicants have been working with their designer and staff to reduce and revise their variance requests. The following is a summary of the Council’s requests: 1. Meet the required 10-foot side yard setbacks on both sides. Curtis noted the revised survey reflects 10-foot setbacks on both sides. 2. Work around the water supply well location and/or provide proof that the water supply well location cannot be adjusted. The applicants have proposed to work their design around the permitted water supply location as shown on the revised survey. 3. Locating the home five feet ahead of the average lakeshore setback may be appropriate only if the adjacent neighbors support the variance. The applicants have provided letters from adjacent property owners supporting the encroachment into the average lakeshore setback. 4. Reduce 75-250 foot zone hardcover by reducing the size of the lakeside patio and demonstrate how the driveway will function as proposed. At the last meeting the applicants were requesting 53.9 percent hardcover within the 75-250 foot zone. Their request has been revised to a variance to allow 47.1 percent hardcover where 25 percent is normally allowed. This was accomplished by reducing the footprint of the home, reducing the size of the proposed lake-side patio and driveway. ______________________________________________________________________________ PAGE 3 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 3 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3189 Terry and Suzanne Johnson, Continued) The applicants have removed their request for encroachment into the 10-foot side setback and have proposed a plan for 1,505 square feet structural coverage, which includes the deck. Staff recommends approval of the lot width and lot area variances in order to construct a new home. Staff further recommends approval of the variance to encroach into the average lakeshore setback with a portion of the new home, a small deck, and small patio. Planning Staff feels the applicants have demonstrated a hardship exists with the nature of Park Lane and with the need for on-site parking and vehicle turning movement. The level of hardcover variances requested is reasonable given that it reflects a minimal home footprint and only the minimal amount hardcover needed to be functional. Murphy noted the applicants have met the concerns raised by the Council at the last meeting and that he appreciates the efforts the applicants have taken to reduce the variances requested. White concurred with the comments by Council Member Murphy. White noted the neighbors are in support of this project. McMillan moved, White seconded, Application #06-3189, Terry and Suzanne Johnson, 543 Park Lane, to direct Staff to draft a resolution granting variances to lot width, lot area, average lakeshore setback, and hardcover. VOTE: Ayes 5, Nays 0. *8. #06-3201 DAVID CARLSON OF WILSON MANAGEMENT FOR CHARLIE THOMPSON, 875 WAYZATA BOULEVARD WEST – COMPREHENSIVE PLAN AMENDMENT White moved, Peterson seconded, to conditionally approve 2000-2020 Comprehensive Plan Amendment #3 subject to Metropolitan Council review and approval, and to direct Staff to submit the amendment to Metropolitan Council. VOTE: Ayes 5, Nays 0. 9. #06-3206 KEN AND LORIJEAN ANDERSON, 4225 FOREST LAKE DRIVE – VARIANCES LoriJean Anderson, Applicant, and Jeff Danbury, Contractor, were present. Turner stated the applicants are requesting variances to allow 26.6 percent hardcover in the 0-75 foot zone where 39.9 percent currently exists and no hardcover is normally allowed; to allow 39 percent hardcover in the 75-250 foot zone where 43 percent currently exists and 25 percent is normally allowed; to allow structural lot coverage of 27.1 percent where 28 percent now exists and 15 percent is normally allowed; to allow a structure 25 feet from Forest Lake when a 75-foot setback is required. The purpose of these ______________________________________________________________________________ PAGE 4 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 4 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3206 Ken and LoriJean Anderson, Continued) variances is to allow a second story to be added to the existing structure and the garage enlarged to three stalls. As an alternate, the applicants propose to just add the second story. This would result in 32.7 percent hardcover in the 0-75 foot zone, 39 percent hardcover in the 75-250 foot zone, and 28 percent lot coverage. The applicants’ preferred plan includes squaring off the garage, removal of hardcover, including a portion of the deck and some boulders, and construction of the second story. The deck would be 24 feet, with seven feet of the deck being located under the roof of the house. The Planning Commission recommended that the deck be reduced to 15 feet, including the seven feet under the overhang. The Planning Commission also recommended approval of the hardcover, lakeshore setback, structural lot coverage, and side lot line setback variances to allow expansion of the garage and the second story, subject to the deck/porch being reduced. Planning Staff recommends approval of the hardcover, lakeshore setback, and structural lot coverage variances to allow the second story but not the garage expansion, subject to the deck/porch being reduced to 12 feet by 36 feet, with shrubbery planted adjacent to the deck to screen the lattice. Turner noted if the deck were reduced to 12 feet, a beam and support posts would have to be placed under the remaining deck. If it were reduced to 15 feet, no additional beam or post would be required. If it were reduced to 24 feet, a beam and support posts would have to be placed under the remaining deck. Danbury inquired whether it is clear what the applicants are attempting to accomplish here with their proposal. Anderson explained the deck is an existing deck and the house currently is in a U-shape. The purpose of the project is to construct a second floor and eliminate the flat roof. Anderson read a letter written by her husband requesting the Council approve their application. The project is intended to create two additional bedrooms and one bath for their children. Anderson stated they have agreed to eliminate hardcover and reduce the width of the driveway and retaining wall, even though they are less than three years old. The major reasons the applicants purchased the home was the deck, with the space under the deck utilized for storage. They are agreeable to reducing the deck by eight feet. The neighbors are in approval of this project. Peterson inquired how long the deck has been in existence and whether a building permit was ever granted. Turner stated a permit could not be found for the deck and they have been unable to locate the original house plans. Turner indicated Staff feels some portion of the deck existed at the time the house was originally constructed but that it appears the deck had been expanded probably in the early 1980’s. Turner noted the current property owners did not construct the deck. ______________________________________________________________________________ PAGE 5 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 5 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3206 Ken and LoriJean Anderson, Continued) Murphy requested clarification of the language stating that if the deck were reduced to 12 feet, a beam and support posts would have to be placed under the remaining deck; if it were reduced to 15 feet, no additional beam or post would be required; and if it were reduced to 24 feet, a beam and support posts would have to be placed under the remaining deck. Turner stated due to the way the deck has been constructed, if it were reduced to 12 feet or 24 feet, the deck would need a beam and posts to support it. Turner explained the boards of the deck are perpendicular to the house. Murphy inquired whether in addition to the roughly seven feet of overhang there is an additional overhang that does not show up on the print. Anderson indicated there is a four-foot overhang that is not depicted in addition to the seven feet. White commented it would be nice to eliminate the flat roof. Turner distributed a picture of the deck and house. Turner stated the deck is 24 feet from the wall of the house to the section of the deck where the applicants are proposing to eliminate a portion of the deck. Danbury stated if the deck were reduced to 12 feet, there would be one small portion of the deck that would remain in the sun and that the applicants would like to retain a bigger portion of the deck that would be in the sun. Danbury stated they have removed the hot tub. Turner stated the 12-foot deck that Staff is recommending is the minimum size deck, which does include the steps. Anderson indicated they currently utilize the area under the deck for storage. Anderson stated the deck does not affect the view of any neighbors and that there is a vacant lot on one side of their residence. If they are required to reduce the deck down to 12 feet, it would reduce the value of the home since the deck is central to the design of the house. Danbury stated the size of the lot dictates the need for the variances. Rahn commented it did not appear that there were any permits for the deck ever issued and that the deck seems rather large for this lot, especially given the close proximity to the 0-75 foot zone. White stated in his view the applicants should be allowed to retain a portion of the deck that is located in the sun, noting that the applicants are agreeable to reducing a portion of the deck as well as remove some other hardcover. White stated he would not want the deck to encroach into the neighbors’ view lines and that he would be in favor of a 24-foot deck. McMillan inquired whether the vacant lot is a fire lane. ______________________________________________________________________________ PAGE 6 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 6 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3206 Ken and LoriJean Anderson, Continued) Gaffron stated it is a double lot owned by the homeowners association and provides access to a dock. Peterson indicated she would like to see the garage squared off, which is not included in Plan B. Anderson stated the Planning Commission recommended the squaring of the garage. Murphy inquired what rationale the Planning Commission had for recommending a 15-foot deck. Rahn noted he was not in attendance at the meeting when the 15-foot deck was recommended. Murphy noted this is a tough lot to work with and that he is in favor of adding the second story. Murphy inquired why the garage should not be squared off. White stated the squared garage would encroach into the side yard setback. Danbury noted that area of the house is currently attic space and that the squared off garage would encroach into the side yard setback. McMillan stated she would also like to see the garage squared off. Murphy inquired what could happen with the vacant lot. White stated the vacant lot is owned by the homeowners association and cannot be sold off or built upon. Murphy inquired whether the City has any documentation from the association that describes the ownership of the lot and whether the homeowners association has submitted any documentation in support of a variance to the side yard setback. Anderson noted the neighbors next door to their lot have signed off on the plan. Turner indicated there is no correspondence from the association. Anderson stated she could obtain that. Sansevere stated the Council should remain consistent and that the policy of the City should not be different for a lot line variance simply because it is owned by an association rather than an individual. Gaffron stated except for this lot providing dock access, from a building perspective it is viewed as a normal building lot. Gaffron noted this lot has been part of the association for decades, and noted that the house was originally constructed to meet a 10-foot setback. ______________________________________________________________________________ PAGE 7 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 7 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3206 Ken and LoriJean Anderson, Continued) Sansevere inquired whether the homeowners association could sell the lot. Gaffron stated in his view it would be highly unlikely since all 14 property owners would need to agree to the sale, but that he would need to review the documents to verify whether the lot could be sold. Sansevere commented he would like to remain consistent on the deck and side yard setback, but that he would like to see the applicants have a bigger portion of the deck be located in the sun. Turner stated it was Staff’s view that a 12-foot deck, which includes the stairs, was reasonable and useable. Murphy noted given the location of the house, the applicants are already over the hardcover limits even if they do reduce the size of the deck. Murphy noted the structure would still be located 25 feet from Forest Lake Drive. Danbury stated in order to retain the deck, Mr. Anderson had proposed to remove other hardcover. Anderson stated if they do not get approval for the size of deck they are proposing, they probably would not proceed forward with the addition of the second story. Murphy inquired why there is a Plan A and a Plan B. Turner stated she recalls that the applicant had proposed both Plan A and B, with Plan A being to add the second story and to square off the garage in accordance with the direction of the Planning Commission. Additional hardcover reductions were also proposed. The applicants have indicated if the squaring off of the garage were an issue, they would still like to proceed forward with the second story, the hardcover removals, and leaving the deck as is. Turner stated the deck is high enough that it would be considered structural coverage. Murphy inquired whether any variances would be required if the applicants just added a second story. Turner stated there would be a variance for the 0-75 foot setback because they would be increasing the structural coverage. Murphy noted the second story would be within the existing building envelope and the deck would not need to be touched. Murphy stated when people demonstrate good faith and attempt to work with the City, he would look favorably upon that. Murphy indicated he would support reducing the hardcover as shown, reducing the deck to 24 feet, adding the second story, but that he does not see a hardship for squaring off the garage. Sansevere noted he also is not in favor of squaring off of the garage. Sansevere inquired how Staff arrived at the recommendation for a 12-foot deck. ______________________________________________________________________________ PAGE 8 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 8 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3206 Ken and LoriJean Anderson, Continued) Turner stated the recommendation for the 12-foot deck was based on the fact that it was a reasonable size and would also allow some steps up to the deck. McMillan stated she is in favor of the deck being reduced to 24 feet. McMillan moved, White seconded, Application #06-3206, Ken and LoriJean Anderson, 4225 Forest Lake Drive, to direct staff to prepare a resolution to allow the second story but not the garage expansion, subject to the deck being reduced to 24’ by 26’, with shrubbery being planted next to the deck for screening. Danbury inquired whether a side yard variance has ever been granted for a garage corner. Murphy indicated the City has approved that type of variance in the past, but in this case it would require an additional variance, which he does not see a hardship for. Anderson stated they were willing to reduce the deck if the garage was squared off and that they would prefer to leave the deck as is. Murphy commented this is not a win/win situation for anyone given the location of the house on a small lot, which restricts what can be accomplished. Sansevere inquired whether Mrs. Anderson would like the application to be tabled to allow Mr. Anderson to appear before the Council. McMillan noted the motion directs Staff to prepare an approval resolution and that this matter would be back before the Council in September. Turner inquired whether the other hardcover reductions are included in the motion. Brokl stated the applicants proposed the hardcover reductions as part of their application and would be included in the motion. McMillan noted her motion would include the hardcover reductions proposed by the applicant. VOTE: Ayes 5, Nays 0. 10. #06-3208 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST – PRELIMINARY SUBDIVISION Sansevere moved, Murphy seconded, to table Application #06-3208, Ryan Companies US, Inc., 2765 Wayzata Boulevard West, at the request of the applicant. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 9 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 9 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ 11. #06-3219 EDSON SPENCER, 1135 SPRING HILL ROAD – SUBDIVISION – RESOLUTION NO. 5500 Robert Fullerton and Bridget Hust, Attorney-at-Law, were present. Turner stated the applicant is requesting approval of a plat to create a second building site, an outlot for a private road and an outlot for wetlands. The applicant is in the process of creating a conservation easement that would keep the new lot vacant forever. The new lot must be a buildable lot to maximize the value of the donation of the conservation easement. An issue is the width of the existing private roadway that serves three existing houses and would serve the house on the new lot. It is paved but only 17 feet wide with no shoulder. Fire Code requires 20 feet. The City’s subdivision regulations would require 24 feet. The Fire Marshal recommends it be widened to 20 feet. The Planning Commission voted 5-0 to recommend approval of the preliminary plat subject to the following conditions: 1. The private roadway remain as is at 17 feet wide, but if the Fire Marshal determines it should be widened, it should be to no more than 20 feet wide. This would constitute a platting variance from the 24-foot wide private roadway requirement. 2. Outlot B being deeded to the property owners association together with a 50-foot easement over Lot 1 to allow creation of a wetland buffer or provision of a road maintenance agreement acceptable to the City. 3. Execution of a “Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement” as well as an easement to the City for road, drainage and utilities over Outlot B. 4. The septic system for the existing house being replaced or the property being served by sewer by December 31, 2007. 5. Approval of the restoration plan for the areas disturbed by driveway construction before a permit is issued for a house on Lot 1. 6. Payment of the park dedication fee and storm water fees for the new lot at a time the Commission determines appropriate. 7. Inclusion on the plat of drainage and utility easements around the perimeter of the two lots and adjacent to Sixth Avenue for Outlot A. Inclusion on the plat of a utility easement over all of Outlot B. 8. Execution of conservation and flowage easements over Outlot A and the wetlands on Lot 1. 9. Compliance with the requirements of the Minnehaha Creek Watershed District. ______________________________________________________________________________ PAGE 10 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 10 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3219 Edson Spencer, Continued) 10. Submission and approval of the final plat. 11. Confirmation that the existing right-of-way for Sixth Avenue North is adequate for the needs of the County Transportation Department. Planning Staff recommends approval of the plat per the draft resolution. Turner noted the resolution, as drafted, requires the widening of the private road to 20 feet before December 31, 2007. Sansevere stated he would recommend tabling this application if the applicant wishes to sit down with the fire marshal to discuss the width of the road. Sansevere noted he is in support of the 20 feet recommended by the fire marshal. Turner stated the applicant would like to have action by the council on the application as soon as possible. Murphy inquired what the status is on the conservation easement. Hust stated the Minnesota Land Trust would be the owner of the easement and that they are very interested in taking the easement. Hust stated she would like to explain the rationale for leaving the road at 17 feet. Murphy inquired whether it is consistent with past Council action to have buildable lots within the city that are under conservation easement. Gaffron stated he is aware of buildable properties that consist of 30 to 40 acres that are in conservation easements that could have been subdivided. Murphy stated the concept of the conservation easement is a good idea on the surface and inquired what would happen if the conservation easement were not obtained. Gaffron stated approval of the application, without a conservation easement, would result in a buildable lot. Gaffron noted there has also been septic testing on the lot. Murphy inquired if the applicants understand what the ramifications are with a 17-foot roadway Hust noted a different driveway services the Spencer house. Hust stated the two outlots and Lot 1 will be sold to the neighbors to the south. Hust commented they felt from the beginning that the conservation easement would be a win/win situation for everyone involved. The neighbors to the south do not want to see the driveway widened. Hust stated two Planning Commission members viewed the driveway and were fine with leaving the driveway at 17 feet. This driveway has served three homes for over 30 years and has not been an issue. Hust noted some of the houses were rebuilt and the width of the roadway was not an issue at that time. The Spencers, Fullertons and the neighbors have put a considerable amount of ______________________________________________________________________________ PAGE 11 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 11 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3219 Edson Spencer, Continued) effort into creating this conservation easement and preserving the natural area and would request the driveway be left at 17 feet. Kellogg stated they had discussed putting gravel shoulders along the roadway to obtain the 20-foot width. Robert Fullerton indicated he is in the process of purchasing the Spencer property and that his family has resided in Orono for 75 years. The reason the conservation easement has been made possible is that the Spencers have agreed to do the easement instead of constructing a house on that lot. Fullerton stated the conservation easement does not make economic sense but that they would like to see the land left vacant. Fullerton stated the neighbors have been approached about purchasing the conservation easement and an agreement has been reached with two of them. Fullerton noted the requirement to widen the road was not discussed initially and that the neighbors would be hard-pressed to now pay for the widening of the roadway in addition to the lot. Fullerton stated if it is possible for the City Council to leave the width of the road as is, he would like the Council to consider that. Peterson stated she would be agreeable to leaving the roadway at 17 feet given the guidelines stated in the City’s Rural Oasis Plan and as long as the neighbors are well aware of the ramifications of leaving the driveway as is. Phil Ordway, 1145 County Road 6, indicated he understands the ramifications and is in favor of leaving the roadway as is. Murphy commented the history of how the land has been used should also be taken into consideration. Murphy concurred the people involved in this project should be aware of the recommendation of the fire marshal. McMillan stated as long as the three neighbors to the south understand the ramifications of leaving the roadway at 17-feet and the potential issues that the fire marshal has raised, she would not be opposed to leaving the roadway as is. McMillan commented the neighbors could look at providing some bump-outs and other options for fire protection. Peter Grant, 1245 County Road 6, indicated he also is aware of the ramifications and is in favor of leaving the roadway at a width of 17 feet. McMillan inquired who the three property owners are. Fullerton stated technically it would be himself, the Grants, and the Ordways that are part of the agreement at the present time. Fullerton stated the fourth property owner utilizes the roadway but is not a part of the agreement at the present time. Hust pointed out there has been an easement in place since approximately 1971 that requires the landowners to the south maintain the driveway. ______________________________________________________________________________ PAGE 12 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 12 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3219, Edson Spencer, Continued) Ordway stated originally these two lots were separated and were combined by Mr. Spencer and that Mr. Spencer is now requesting the two lots be split again. Murphy stated approval of the plat does not require a decision on the road. Turner stated the resolution before the Council says the existing roadway shall be widened to 20 feet and would need to be modified if the Council approves a width other than the 20 feet. Gaffron stated this is a preliminary plat resolution and recommended that if the property owners are not required to widen the roadway to 20 feet, that language should be deleted. Gaffron noted another resolution would be before the Council once the applicants request final plat approval. Murphy moved, Peterson seconded, Application #06-3219, Edson Spencer, 1135 Spring Hill Road, to adopt RESOLUTION NO. 5500, a Resolution granting preliminary approval of a Class II subdivision for property located at 1135 Spring Hill Road, with the roadway being left at 17 feet. Sansevere indicated he would be opposed to that motion since it does not require the property owners to increase the width of the roadway at some point in the future. Sansevere inquired how long the driveway is. Grant noted the roadway is approximately three-tenths of a mile in length. VOTE: Ayes 4, Nays 1, Sansevere Opposed. 12. #06-3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD – VARIANCE Jule and Elizabeth Hannaford, Applicants, were present. Curtis stated the applicants are proposing to remove the existing deck and construct a new deck which will be 4.5 feet closer to the lake, have a lower profile when viewed form the lake, and become more functional for the property owners. A new rear (street) stoop is also proposed. As part of this application, the two-foot wide concrete path within 75 feet of the lake will be removed as well as other miscellaneous hardcover on the property. The Planning Commission voted 5-0 to recommend approval of hardcover and lake setback variances to allow reconstruction of a new deck within the footprint of the existing deck provided the applicants remove all of the hardcover elements as initially proposed. ______________________________________________________________________________ PAGE 13 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 13 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3220 Jule and Elizabeth Hannaford, Continued) Staff recommends approval of lake setback and hardcover variances for the new lakeside deck and rear stoop. Staff further recommends that the applicants revise their proposed deck so that it does not encroach closer to the lake than the existing deck. Murphy inquired whether Staff agrees with the Planning Commission recommendation. Curtis stated the Planning Commission recommended approval of the square footage of the existing deck with the hardcover removals, which would allow the applicants to design a new deck. The applicant requested a landing in addition to the size of the deck recommended by the Planning Commission. Planning Staff is recommending no further encroachment towards the lake and that the applicants be required to do the proposed hardcover reductions. Curtis stated the applicants are able to reconstruct the existing deck and not remove any of the existing hardcover. The applicants do not feel they would benefit by removing the hardcover but would be agreeable to the removal if they were allowed to retain the size of the existing deck. Jule Hannaford stated he is in agreement with Staff that they can rebuild the deck with a permit and that he is unclear how this whole process has evolved to this point. Hannaford indicated their proposal includes reductions in the hardcover on the lot and would improve the appearance of the deck, which in their view is a win/win proposal. The deck has deteriorated to the point where it requires replacement. The structural coverage on the lot is considerably below what they are allowed. Hannaford requested the Council consider their proposal. McMillan inquired whether the basic deck would remain the same but just with the addition of the steps. Mrs. Hannaford indicated it would remain basically the same and that they are proposing a net reduction in the hardcover. Murphy inquired whether there is a requirement for steps to be included on decks. Curtis stated that is covered under the Building Code. Gaffron indicated a smaller set of steps would suffice under the Building Code. Murphy noted this is an older house. Jule Hannaford stated the foundation is approximately 70 years old. Murphy stated he would prefer to improve the aesthetic nature of the neighborhood and that there would be a reduction in the hardcover on the lot. White pointed out the Planning Commission could not find a hardship for the further encroachment into the 0-75 foot zone. ______________________________________________________________________________ PAGE 14 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 14 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (#06-3220 Jule and Elizabeth Hannaford, Continued) Murphy commented in his view the trade-off for the reduction in the hardcover is a good situation. Murphy moved, White seconded, Application #06-3220, Jule and Elizabeth Hannaford, 1220 Bracketts Point Road, to direct Staff to draft a resolution allowing the new deck to stay within the footprint of the existing deck, but to allow the steps to encroach around the edge of the deck as shown in the applicants’ plan, with the hardcover being reduced as proposed by the Applicants. VOTE: Ayes 4, Nays 1, Peterson Opposed. Peterson indicated she was opposed to the motion given the lack of a hardship for the further encroachment into the 0-75 foot area. *13. #06-3222 MICHAEL J. PUDIL, 2414 CARMAN STREET – EASEMENT VACATION – RESOLUTION NO. 5501 White moved, Peterson seconded, to adopt RESOLUTION NO. 5501, a Resolution vacating certain drainage and utility easements within properties located at 2414 and 2416 Carman Street. VOTE: Ayes 5, Nays 0. *14. #06-3223 MICHAEL AND STACHIA FEY, 1570 LONG LAKE BOULEVARD – VARIANCE – RESOLUTION NO. 5502 White moved, Peterson seconded, to adopt RESOLUTION NO. 5502, a Resolution granting lot width, setback, and hardcover variances for the property located at 1570 Long Lake Boulevard. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere inquired whether the City has received anything on the reimbursement of the local police department expenses incurred in connection with a fundraiser relating to President Bush’s visit. Moorse stated a letter has been sent indicating that a special event permit should have been obtained and that the City’s out-of-pocket costs should be reimbursed. Moorse stated they have not received a response. Sansevere suggested that the Long Lake firefighters be invited to attend a joint meeting of the Orono and Long Lake City Councils. ______________________________________________________________________________ PAGE 15 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 15 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (Mayor/Council Report, Continued) Murphy stated he is unclear about the letter received by the City relating to issuing a kennel license for a small lot. McMillan commented the amount of space necessary for a buffer should perhaps be taken into consideration when issuing a kennel license. Murphy suggested someone from Staff visit that property owner and view the situation. Murphy recommended the podium be utilized again at the meetings. CITY ENGINEER’S REPORT *15. STREET CRACK SEALING PROJECT White moved, Peterson seconded, to approve the final cost amount of $19,929 for the 2006 street crack sealing project. VOTE: Ayes 5, Nays 0. *16. REQUEST FOR PAYMENT NO. 2 AND FINAL – OFFERMAN DITCH STABILIZATION PROJECT White moved, Peterson seconded, to approve Request for Payment No. 2 and Final, for the Offerman ditch Stabilization project in the amount of $16,933.98. VOTE: Ayes 5, Nays 0. *17. McCULLEY ROAD PROJECT TESTING SERVICE INVOICE White moved, Peterson seconded, to approve payment of the invoice from Braun Intertec for bituminous and aggregate testing services on the McCulley Road Project, in the amount of $6,004.75. VOTE: Ayes 5, Nays 0. *18. AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE HIGHWAY 12 WATER MAIN LOOPING White moved, Peterson seconded, to approve the adoption of a resolution authorizing the preparation of plans and specifications for the Highway 12 water main looping project. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 16 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 16 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ CITY ADMINISTRATOR’S REPORT *19. REPLACEMENT OF POSTAGE MACHINE White moved, Peterson seconded, to approve the purchase of the Neopost IJ-50 mailing machine with a 5# scale at a cost of $1913.85, to be funded from the Improvement Equipment Capital Outlay Fund; and approval of monthly Meter Rental at $30.00 (1st year free), annual maintenance at $280.00 (1st year free), and annual rate change projection at $99.00. VOTE: Ayes 5, Nays 0. 19A. ELECTION SIGNS Brokl stated based on an inquiry regarding election signs, it was discovered that there is a conflict between Orono City Code and Minnesota State Statutes regarding the length of time that election signs are allowed to be posted. Brokl indicated Orono’s City Code was not changed at the time the state statute was revised. Brokl recommended State Statute 211B.045 be followed, which will allow election signs to be posted from August 1st until ten days following the state general election. Murphy inquired whether people who have not applied for office could erect signs. Brokl stated that would not be allowed since it would be an illegal campaign practice. Murphy inquired whether he could erect a sign that simply stated his name in his yard. Brokl stated there would be issues relating to free speech that would need to be addressed but that the sign would need to meet certain signage regulations. Peterson moved, Murphy seconded, to follow State Statute Section 211B.045, which will allow election signs to be posted from August 1st until ten days following the state general election; and to direct Staff to proceed with a zoning code amendment related to election signs. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Brokl indicated he had nothing to report. ______________________________________________________________________________ PAGE 17 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 17 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ *20. LICENSES CLUB FIREARM USE PERMIT 1. Annual Permit for Trap Shooting Park Gun Club 3660 Sixth Avenue North ONE DAY GAMBLING – RESOLUTION NO. 5503 2. Applicant: Orono Football Boosters Event: Raffle at Orono High School Location: 685 Old Crystal Bay Road Date: October 18, 2006 Time: 7:00 p.m. – 9:00 p.m. SPECIAL EVENT 3. Applicant: ZB Construction, Inc., Arnie Zachman Event: 2006 Fall Parade of Homes Location: Stonebay – 2538 and 667 Sandstone Circle Date: September 9 – October 15, 2006, Thursdays through Sundays Time: 12:00 p.m. Noon – 6 p.m. 4. Applicant: ZB Construction, Inc., Arnie Zachman Event: 2006 Fall Parade of Homes Location: Stonebay – 2670 Kelley Parkway, Condo #114 Date: September 9 – October 15, 2006, Thursdays through Sundays Time: 12:00 p.m. Noon – 6 p.m. White moved, Peterson seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *BILLS White moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 18 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 18 of 19] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ ADJOURNMENT Peterson moved, Sansevere seconded, to adjourn the Orono City Council meeting at 9:28 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ______________________________________ ________________________________________ Linda S. 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