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HomeMy WebLinkAbout04-14-2003 Council Minutesi .. ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Planner Jennifer Chaput, City Planner Wendy Bottenberg, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:00 p.m. RECOGNITION 1. Jan Berg — Planning Commission — Resolution No. 4946 Council decided to continue Item 1, so that Jan Berg could be present for the presentation. 2. Sherokee Ilse— Parks, Trails and Open Space Commission — Resolution No. 4947 • Mayor Peterson read the resolution into record, and thanked Sherokee Ilse for her years of service and dedication. Murphy moved, and Nygard seconded, to adopt Resolution No. 4947 of appreciation to Sherokee Ilse for distinguished service as a member of the Parks, Trails and Open Space Commission. Vote: Ayes 5, Nays 0. 3. Rick Meyers— Parks, Trails and Open Space Commission — Resolution No. 4948 Mayor Peterson read the resolution into record, and thanked Rick Meyers for his years of service and dedication. Murphy moved, and Nygard seconded, to adopt Resolution No. 4948 of appreciation to Rick Meyers for distinguished service as a member of the Parks, Trails and Open Space Commission. Vote: Ayes 5, Nays 0. CONSENT AGENDA • ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 4. Approve /Amend • Items 13, 14, 15, 16, 17, and 20 were added to the Consent Agenda. Murphy moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0, Abstain 1 ( Sansevere). APPROVAL OF MINUTES *5. Minutes of the Regular Council Meeting of March 24, 2003 Murphy moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of March 24, 2003. Vote: Ayes 4, Nays 0, Abstain 1 ( Sansevere). PARK COMMISSION COMMENTS —DREW MCDERMOTT McDermott reported that Gabriel Jabbour had briefed the Commission on Crystal Creek Park, the Lurton property, and on the Dakota Rail project. McDermott stated they are very happy with Jabbour's work on behalf of the City, and he is an asset to the Park Commission. • The Navarre Park neighborhood met, and told the Commission they appreciate the work done on the park, but are anxious to have sidewalks and trails installed. They would like to dedicate a crabapple tree to Rick Meyers in the Navarre Park, and a small planting bed to Sherokee Ilse in front of the sign in Bederwood Park to recognize them for their work on the Commission. White asked if the City could get a matching grant of $5000 from the Twins to put in a softball field, would they find somewhere to locate it. White stated they could designate the field for softball or baseball, but Orono already has baseball fields. Sansevere suggested partnering with an association to find a location. McDermott stated they would look into it, but possibly Saga Hill would work. PLANNING COMMISSION COMMENTS —LIZ HAWN None. 2 • �J It ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 6. #02 -2859 Blake & Mary Bichanich, 332 Westlake Street — Variances Chaput stated that the application was tabled on March 10, 2003 so that the applicant could redesign the house to meet side yard setbacks. At the March 10th meeting, Council discussed approving the lot width and lot area variances, but was prepared to deny the side yard setback variance. The Planning Commission had recommended a compromise of allowing 20' setbacks on either side. Staff recommended the required 30' setbacks because the proposed house would be new construction, which should meet the minimum standards. Bichanich redesigned the house to meet the 20' setbacks with a 4' encroachment of overhangs on each side, though staff had advised that he redesign to meet the zoning ordinance requirements. Sansevere asked what the hardship was. Chaput stated that the Planning Commission identified the following hardship. that because the applicant joined two 50' wide lots in 1993 to closer conform with zoning requirements, the applicant was permitted to connect two existing homes with substandard side yard setbacks. Also, the combined lot is very long and narrow, creating difficult conditions to build a home that takes full advantage of the lakeshore. Liz Hawn stated that the proposed design seems to fit the lot and that meeting the 30' setbacks would overly constrain the applicant. Gaffron stated that the Commission was looking for a compromise. Mayor Peterson stated that the hardships listed are not true hardships. Hawn stated that the setbacks in that zone are very large. 3 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 6. #02 -2859 Blake & Mary Bichanich, 332 Westlake Street — Variances — Continued Gaffron stated there needs to be a reasonable width to the house in relation to the lot size. He stated Council should decide whether a 40' or 60' house is reasonable on a 100' wide lot. Murphy stated that he saw no hardships, but couldn't reasonably require 60' of setback on a 100' lot. Sansevere stated he agrees, but they are legally bound to find a hardship. White stated he also agreed, but wasn't comfortable requiring a 30' setback, when the other lots in the neighborhood all had 10' or less. Gaffron stated that the lot is somewhat unique because it is 100' wide in the 2 -acre zone. However, by approving the variance, Council would be setting a precedent to allow 20' setbacks for all 100' wide lots in 2 -acre zones. Moorse stated that approving that variance would, essentially, change the zoning requirements. He suggested doing something with broader implications, along the line of Big Island's zoning, where there is cut -off width so lots under 100' wide are required a 10' setback, and over 100' are required a 30' setback. He stated Council should consider a category of lots, instead of just one application. Murphy asked what impact the length of the lot has on the house. Gaffron stated it had , none because the back half of the lot was inconsequential. The applicant met the hardcover requirements in the 75 -250' zone without considering the extra length to the lot. Sansevere stated that perhaps narrow lots should have narrow houses. Sansevere stated that the 20' setbacks would have the visual impact of 16' setbacks because of the overhang encroachment. White asked why Big Island's zoning is different. Gaffron stated it is because it is seasonal recreational and buildings are smaller, they were regulating reasonable development. Barrett stated that if Council approved the variance, anyone with a 100' wide lot could claim the same hardship: that it's the nature of the lot. Bichanich asked how many 100' wide lots exist in the 2 -acre zone. Gaffron stated not many, and not all of them are long and narrow. White suggested finding an average side yard setback, as is done for lakeshore setback. Sansevere asked how often similar applications have come and been denied. Gaffron stated none that he was aware of. Bichanich stated that he and staff had looked for 4 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 • 6. #02 -2859 Blake & Mary Bichanich, 332 Westlake Street — Variances— Continued precedents and found none. Gaffron stated that they have the same issue with %Z -acre lots in the 1 -acre zone. If setbacks are too small, then drainage issues arise. Sansevere stated that they have to work with the rules in place, or change them, but there is no hardship. White agreed. Gaffron stated they could provide Council with a review of lakeshore lots in the 2 -acre zone and get the percentages that would meet the conditions under review, so that Council could consider whether a code change might be appropriate. Murphy stated the planned house would be significantly larger than the neighboring homes. The precedent would be that every time lots get combined, people would build to a 20' setback with 4' encroachments. Moorse stated that Orono has tried to maintain space between houses as part of its character. He suggested keeping some green space between houses, especially in an area where the houses are typically close together. • Murphy moved, and White seconded, to approve the requested variances for lot area of 1.34 acres where 2 acres are required, and lot width of 100.28' where 200' is required with the condition that the existing shed in the 0 -75' zone be removed, and to deny the requested side yard setback variance, requiring a setback of 301. Vote: Ayes 5, Nays 0. *7. #02 -2863 Richard Kail, 3753 Casco Avenue — Variances— Resolution No. 4949 Murphy moved, and Nygard seconded, to adopt Resolution No. 4949 granting a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a new single family residence to replace a pre- existing residence on a .37 acre lot in the LR -1C Zoning District where a .5 acre minimum lot area is required; and to deny a variance for lot coverage by structures for said construction. Vote: Ayes 4, Nays 0, Abstain 1 ( Sansevere). *8. #03 -2867 Daniel Adams, 1145 Tonkawa Road — Variances — Resolution No. 4950 Murphy moved, and Nygard seconded, to adopt Resolution No. 4950 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 1(B) and 2, Section 10.56, Subdivision 16(C), Section 10.56, Subdivision 16(C)(6), Section 10.56, Subdivision 16(L)(1) and (2) to allow construction of a new second story to the • 5 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 *8. #03 -2867 Daniel Adams, 1145 Tonkawa Road — Variances Resolution No. 4950—Continued existing house to be 62' from the OHWL of Lake Minnetonka where 75' is required, a screen porch to be 70' from the OHWL where 75' is required, an average lakeshore setback encroachment of 17', to allow 1,215 s.f. (10 %) hardcover in the 0- 75' setback zone where 0 s.f. (0 %) is allowed, to allow 9,092 s.f. (33 %) hardcover in the 75 -250' setback zone where 6,866.25 s.f. (25 %) is allowed. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *9. #03 -2874 Richard Kail, 3753 Casco Avenue — Vacation— Resolution No. 4951 Murphy moved, and Nygard seconded, to adopt Resolution No.4951 denying a request for vacation of a platted alley between Lots 6 and 7, Block 4, Casco Heights. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *10. #03 -2877 Shane & Kristine Rudd, 601 Park Lane — Variances— Resolution No. 4952 Murphy moved, and Nygard seconded, to adopt Resolution No. 4952 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5(B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(2); Section 10.03, Subdivision 14(C); and Section 10.03, Subdivision 15(A) to allow a 168 s.f. first story garage addition • with a second story bedroom onto the street side of the existing home and to reconstruct a main entry landing on the south side, with side yard setbacks of 8.4' on the north and 6.5' on the south (for main entry landing) where 10' is required; an overhang encroachment of not more than 1.75' into the north and south substandard side setbacks; a revised decorative wall, meeting the required height limits for a fence in the side yard (6' maximum); 3,396 s.f. (65.06 %) hardcover within the 75- 250' lakeshore setback zone where 1,305 s.f. (25 %) is permitted; 337 s.f. (9.03 %) hardcover within the 0 -75' lakeshore setback zone where none is permitted; and lot coverage by structure of 2,016 s.f. where 1,500 s.f. is permitted. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *11. #03 -2878 Edward Hamm, 485 Orono Orchard Road South— Variances- Resolution No. 4953 Murphy moved, and Nygard seconded, to adopt Resolution No. 4953 granting variance to Municipal Zoning Code Section 10.03, Subdivision 15(C) to permit a 7' monument and gate at the driveway entrance to be constructed within the 50' front yard street setback where a monument and gate of 3.5' is allowed. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). 0 G ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 • 12. #01 -2714 Fred Puzak,1340 Baldur Park Road — Review of Variance Conditions The applicant was not present, so Council decided to table the item indefinitely. Nygard moved, and White seconded, to table Item 12. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy stated that he had attended the Parks Commission meeting. There was a discussion concerning hardcover variances given over the last few years. They feel that if Orono is serious about the lakes and water quality, then they should look at how variances are given. Mayor Peterson stated that there is a lack of trees on Fox and Old Crystal Bay Roads. Gappa stated that the trees were trimmed because they were in the right -of -way and had to be dramatically cut back because they had grown into the street. The homeowners had asked the trees be replaced, but he feels that is unnecessary. If the City replaces the trees, they would have to do so for every homeowner who complains about how their trees are trimmed. Murphy stated that the trimming had changed the character of the neighborhood. Gappa stated that if the City replaces the trees, they would need to give a • specific reason to justify it in this one instance. • Nygard stated there will be a buckthorn removal DNR project in the park behind Trinity Lutheran Church on County Road 6 in Wolsfeld Woods. He suggested the City help advertise for volunteers. Nygard asked if the street sweepers clean streets near the lakes as a first priority, moving dirt away from the lake in order to avoid early rain washing sand and salt into the lake. Gappa stated they begin with the main roads. Nygard suggested they clean the lake streets first to help protect the lakes from unwanted runoff. PUBLIC SERVICE DIRECTOR'S REPORT *13. Accept Quotations for Heritage Drive Sewer Extension Murphy moved, and Nygard seconded, to establish a $14,400 per property connection fee for the connection of 1955 and 1980 Heritage Drive to the Heritage Drive pressure sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15 -year time period. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). 7 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 *I3. Accept Quotations for Heritage Drive Sewer Extension — Continued ! Murphy moved, and Nygard seconded, to accept the quotation in the amount of $13,125 from EJ Mayers Inc., Corcoran, Minnesota for completion of the Heritage Drive Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2003 budget adjustment. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *14. Accept Quotations for Willow/TH12 Traffic signal Revisions Murphy moved, and Nygard seconded, to rescind previous acceptance of the quotation from Ridgedale Electric and to accept the quotation in the amount of $12,550 from Egan -McKay of New Hope, Minnesota for completion of the Willow Drive/TH 12 Traffic Signal Revisions Project and approval of a budget adjustment for the Year 2003 State Aid Construction Fund to reflect this expenditure. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). CITY ADMINISTRATOR'S REPORT *15. Pay Requests —Long Lake Fire Station Murphy moved, and Nygard seconded, to approve the requests for payment in the • amounts of $1,560.00 to Connectivity Solutions, $127.00 to GME Consultants, $2,115.00 to Manor Electric, $8,836.00 to SHE, and $12,050.32 to BKV Group, to be funded from the Joint Fire Account. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *16. Application and Certificate for Payment No. 11 —Long Lake Fire Station Murphy moved, and Nygard seconded, to approve Application and Certificate for Payment No. 11 from Rochon Corporation in the amount of $48,259.40 to be funded from the Joint Fire Account Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *17. Bid Award -2003 Insurance Package — Resolution No. 4954 Murphy moved, and Nygard seconded, to award the 2003 insurance package effective January 1, 2003 to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $65,442; comprehensive municipal property and casualty package, $76,495; umbrella excess liability, $18,976; petrofund reimbursement, $357 open meeting law, $713; boiler and machinery, $1,703; surety bonds, $959; and golf course liquor liability, $563; and to adopt Resolution No. 4954, Not To Waive The Statutory Tort Limits For Liability Insurance Purposes. C 0 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 • *17. Bid Award -2003 Insurance Package Resolution No. 4954— Continued Vote: Ayes 4, Nays 0, Abstain 1 ( Sansevere). 18. Appointment of Planning Commission Members Nygard stated that he has no issues with Stephanie Zugschwert, but would not be able to vote for David Rahn because he has not kept commitments he made to the Council regarding his property. An example is his practice of pumping water into the lake instead of letting it settle naturally. Gaffron stated that he is not aware of any regulations making it illegal to pump water into the lake, but it is against Orono's philosophy as described in the Comprehensive Plan. Mayor Peterson moved, and Murphy seconded, to reappoint David Rahn to a 3 -year term on the Planning Commission, and to appoint Stephanie Zugschwert to a 3 -year term on the Planning Commission. Vote: Ayes 3, Nays 1 ( Nygard), Abstain 1 ( Sansevere). Nygard moved, and Sansevere seconded, to appoint Jan Berg as an alternate member of the Planning Commission. Vote: Ayes 5, Nays 0. • 19. Personnel Matter • Murphy moved, and Sansevere seconded, to continue Item 19. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Barrett stated that he had possible options for dealing with buildings in poor repair. Some cities fine residents who fail to keep up their properties. While he is concerned regarding whether Orono has authority to fine residents for failure to keep tip property, many people, when threatened with a fine, will take care of the problem. However, the process necessary to administer a system of fines can be onerous. The other option is to declare the buildings as hazardous. The City would then make the repairs and assess the costs back to the property owner. Barrett felt that would be the best method, and would be authorized under the City statutes. The best approach in relation to a hazardous building is to begin with letters concerning individual issues and try to work out a solution. It is much preferable to avoid the actual court action, as it is expensive and can take a long time. 01 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 CITYATTORNVEY'S REPORT — Continued White suggested remarking in the letters that if someone needs assistance to fix a problem, the City would help by directing them toward financial assistance programs such as the MHFA. Gaffron stated the City already does this on an annual basis. Mayor Peterson asked how many problem properties there are. Moorse stated there are less than a dozen. Gappa stated some are high profile. The meeting went into Executive Session at 8:20 p.m. *20. LICENSES Liquor Set -up 1. Dan Scherven Navarre Lanes, Inc. 3435 Shoreline Drive Special Event Permit 1. Fred & Eleanor Winston (Wedding dinner and dance) 765 Spring Hill Road Murphy moved, and Nygard seconded, to approve the above listed licenses. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *21. BILLS Murphy moved, and Nygard seconded_, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). ADJOURNMENT 10 • • �J • ATTEST: Linda S. Vee, City Clerk 0 • ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 11 Barbara Peterson, Mayor