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HomeMy WebLinkAbout10-25-2004 Council Minutes0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 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, Lili McMillan, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were, City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Planner Janice Gundlach was absent. Mayor Peterson called the meeting to order at 7:00 P.M CONSENT AGENDA 1. Approve /Amend Items 11, 12, 14, 16, 17, 18 and 19 were added to the Consent Agenda. While Item #7 was removed from the Consent Agenda. White moved, Murphy seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. PUBLIC HEARING — 7:00 PM is 2. Certification of Delinquent Utilities and General Service Fees - RESOLUTION NO. 5236 Mayor Peterson opened the Public Hearing at 7:02 P.M. at which time the affidavit of publication was confirmed. Moorse reported that delinquent utilities and service fees would be added to next year's property taxes for those delinquent accounts. He added that, as of October 22, 2004, the revised amount was roughly $77,000. Murphy moved, White seconded, to adopt RESOLUTION NO. 5236, a Resolution providing for the collection of delinquent charges for the 2004 sewer and water utility services, the septic inspection program, the recycling program, the false alarms, developers improvement fees, and other general service fees. VOTE: Ayes 5, Nays 0. PRESENTATION 3. Sally Koenecke, Lake Minnetonka Communications Commission (LMCC) — 2005 Proposed Budget As the administrator of the cable communications franchise that serves 16 cities in the Lake Minnetonka area, Koenecke , on behalf of the LMCC, explained that the 2005 budget was made up of three general funds, the Franchise Administration Fund, the Studio /Access Production Fund, and the Capital Improvement Fund. Overall, Koenecke indicated that the expenditures are proposed to remain relatively stable. • PAGE 1 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. (3. Sally Koenecke, Lake Minnetonka Communications Commission (LMCC), Continued) • White questioned what the LMCC viewed as its heaviest usage. Koenecke stated that the broadcast of City Council meetings are favorites, and pointed out that the LMCD will begin broadcasting their meetings soon. Murphy asked how or whether Mediacom's business has been affected by satellite. Koenecke replied that, although Mediacom has filed for effective competition, they have not been able to claim that yet. Sansevere asked whether the 4.3% increase was in line with past budgets. Koenecke stated that the proposed increase is less than in past years. Moorse noted that a cable company often files for effective competition in an effort to get out from under local cable regulations. Sansevere moved, White seconded, to approve the Lake Minnetonka Communications Commission 2005 budget. VOTE: Ayes 5, Nays 0 APPROVAL OF MINUTES *4. Regular Council Meeting of October 11, 2004 • White moved, Murphy seconded, to approve the Minutes of October 11, 2004, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Pat Wolfe Park Commissioner Wolfe advised the Council that they would not be holding a regular meeting until November 29, 2004. Sansevere encouraged the Commission to give consideration to appointing a new Chair for the Commission, since McDennott's term limit will be met this year. Wolfe indicated that he would consult the Commission and report back at the December Council meeting. PLANNING COMMISSION COMMENTS — Ralph Kempf Kempf stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS None PAGE 2 of 10 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. • ZONING ADMINISTRATOR'S REPORT 5. #04 -3007 HAROLD AND MILDRED BOWER, 1925 LAKEVIEW TERRACE — VARIANCE — RESOLUTION NO. 5237 AND ORDINANCE NO. 20,3 rd SERIES Murphy questioned how the application would have been effected if the applicant was required to adhere to the new wetland ordinance, as opposed to the 10 conditions now laid out in the staff recommendations. Gaffron explained that the applicant had filed his application prior to the new wetland ordinance and to the moratorium on wetland applications. He stated that it would be staff's perspective that the applicant has met the past wetland ordinance requirements for a 26' wetland buffer setback. While the applicant might have been granted more flexibility had the application been evaluated upon the new ordinance, which requires a 15' buffer, it would be staff's conclusion that a home could be built without affecting wetlands or drainage on the property. Gaffron noted that the applicant had requested that condition #10 requiring an easement around the ditch for ponding be revised. Bower explained that, in his opinion, the easement requirement for a 35' wide by 168' long ditch or pond put substantial hardship upon his request. He pointed out that the engineer's report indicates ponding would benefit those to the north, though an additional pond to the north would be required at a later date, and thus minimize his use of his lot now. Gaffron stated that, according to the stormwater management report, a proposed pond would be built at the north east corner of County Road 6. Gaffron admitted that the pond might not be a requirement if other tradeoffs could be achieved to help with filtration, such as a natural buffer strip. Mayor Peterson asked whether item #10 could be removed from staff's perspective. Gaffron indicated that the requirement could be removed in lieu of a condition requiring that a natural 5 -10' buffer strip either side of the ditch remain. Bower felt this was a reasonable request. Murphy indicated that he was not in favor of losing trees in order to create a larger pond or ditch on this property, if the property owner was in favor of maintaining a natural buffer area to the ditch. Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 20, Third Series Approving an Amendment of the Orono Wetland Inventory and Classification Map. VOTE: Ayes 5, Nays 0. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5237, a Resolution approving a lot area variances subject to the nine conditions identified in the staff report dated October 21, 2004, and that a 5' natural buffer be maintained on both sides of the ditch. VOTE: Ayes 5, Nays 0 • The applicant mentioned that he was intending to sell the lot. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. (5.#04-3007 HAROLD AND MILDRED BOWER, 1925 LAKEVIEW TERRACE, • Continued) Murphy questioned how this would impact the future development of the lot or whether a covenant could be attached to the sale. Attorney Barrett stated that the Resolution would be filed with the deed for the land. 6. #04 -3024 ZONING AMENDMENT — PERMIT FOR LARGE VEHICLES McMillan complimented staff and the Planning Commission for coming up with a solution to this problem. Gaffron read item `g', a condition added to Zoning Section 78 -1577 and its accompanying requirements as the proposed amendment and asked for comment. Mrs. Timm asked for further explanation of item `f requiring that, in a shared driveway situation, an agreement be signed by all current driveway users be placed on file with the City. Sansevere questioned why an additional agreement would be required of users, since an agreement for easements already exists. He suggested that item `f be removed. Gaffron questioned whether an additional agreement granting this use was necessary. Attorney Barrett stated that the City should avoid, as it has attempted to do in this amendment, is taking sides on private land use issues. He voiced concern regarding City involvement, where there is an easement, and cautioned the City of including item 'f. He stated that, in situations where shared driveways would otherwise allow access, the easement agreement should remain as it is, and the burden to prove otherwise would be upon the other applicant. Sansevere maintained that a resident in a shared driveway situation should be allowed to use the driveway, period. There have never been conditions put upon the easement when people have set up shared driveway agreements in the past. Murphy moved, White seconded, to direct staff to bring Zoning Code Amendment Section 78 -1577 (C)2a — Large Vehicle Storage Permit — Ordinance No. back for formal approval on November 8, 2004, revising item 'f' to reflect a demonstration that a shared driveway agreement exists. VOTE: Ayes 5, Nays 0. 7. #04 -3048 STEVEN AND KATHLEN PERSIAN, 1005 HUNT FARM ROAD — VARIANCES — RESOLUTION NO. 5238 Gaffron reported that, while the applicant had revised his proposal to limit the building to the allowed 1,200 s.f. area, he still requests the variance to locate the building closer to the street or front lot line than the principal residence. Gaffron noted that staff would recommend adoption of the resolution which documents the original and revised proposals, and approves the proposed variance. He pointed out that addition on page 3 of 6 of the resolution under item #2, which denotes `Prior to issuance of a building permit, the applicant must submit an opinion letter from his attorney on whether the property owner has the legal right to construct the proposed accessory • PAGE 4 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. • (7. #04 -3048 STEVEN AND KATHLEN PERSIAN, 1005 HUNT FARM ROAD, Continued) building, or, an acceptance letter from the home owner's association would be acceptable in place of the attorney's opinion'. Steve Persian stated that he had delivered all of the necessary information to the home owner's association architectural committee and distributed a survey among the homeowners in a timely fashion; however, had not received an opinion at this time. Sansevere asked if the Council could move forward subject to the letter from the homeowner's association or attorney. Gaffron stated this could be handled at the staff level. Dave Wilson, of the homeowner's association, indicated that they had not had adequate time to review the application over the past 1 -2 weeks and would need time to evaluate the request. Although the association could continue its current line of action, Attorney Barrett stated that if the homeowners association did not concur with the request, the applicant could get an attorney to review the request and the association by -laws. Persian pointed out that the application process had already taken 7 months, noting that the Orono • building application signage had been posted for over 7 weeks. He did not feel the Council should intervene in the association covenants, but wished to have this portion of the application approved. Wilson stated that the by -laws allow the association 30 days to review the application and requested that the City Council allow the association to complete its process before adopting its resolution. Sansevere interjected that he did not feel the applicant was trying to supercede any association review; however, would prefer fewer delays. Persian stated that he had not asked any attorneys for their opinions on the matter and reiterated that he has attempted to be very timely in his deliveries. Barrett suggested that the City Council adopt its resolution, while the association is free to continue its evaluation process with or without City involvement. Sansevere moved, Murphy seconded, to adopt RESOLUTION NO. 5238, a Resolution granting a variance to allow an accessory building to be located closer to the street or front lot line than the principal structure for 1005 Hunt Farm Road. VOTE: Ayes 4, Nays 1— Mayor Peterson dissenting. Mayor Peterson acknowledged that more time might have been suitable. McMillan stated that she was more comfortable with application with the addition of the new wording. • PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. 8. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD — VARIANCES • Mayor Peterson moved, Sansevere seconded, to table the application for Eric Vogstrom, 2618 Casco Point Road, at the applicant's request. VOTE: Ayes 5, Nays 0. *9. #04 -3053 BART AND BETSY BUTZER/AULIK DESIGN GROUP, 2625 NORTH SHORE DRIVE — VARIANCE — RESOLUTION NO. 5239 White moved, Murphy seconded, to adopt RESOLUTION NO. 5239, a resolution granting a lake setback variance for 2625 North Shore Drive. VOTE: Ayes 5, Nays 0. 10. #04 -3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH — VARIANCES Curtis explained that the applicant was requesting a hardcover variance within the 0 -75' setback in order to construct a gazebo and install paved walking paths, and a lake setback variance to construct the gazebo 22' from the OHWL where a 150' setback is required and a 45' setback currently exists. Although the applicant was granted a 0 -75' setback variance in the summer of 2004 to convert concrete patios to decks within the 150' structure setback from the OHWL of French Lake, Curtis noted that it is the applicant's assertion that this additional request was to have a been a part of that original application. Curtis stated that staff concurred with the Planning Commission's unanimous recommendation for denial of the hardcover and setback variances based on lack of sufficient hardship. Sansevere asked whether there was hardship for the initial variance request. • Gaffron noted that there was hardship for the previous application; however, none exist for this application. Mark Ritter, applicant's representative, stated that it was their intent to make the backyard usable and safer. Dr. Spencer pointed out that these items were inadvertently left out of the previous application and noted that the earlier application actually decreased hardcover. She indicated that it was difficult to maneuver the property due to her physical limitations, as well as, acknowledged the desire to view more of the yard and stay away from mosquitoes. Murphy stated that the Council could not grant hardship to correct a building error not communicated to the city by a previous contractor. He stated that, in fact, the applicant would have had a difficult time getting this request approved this summer also had it been included. Ritter asked the City Attorney if any `grandfathering' was applicable to this property since it existed prior to the Shoreland Ordinances. Barrett stated that it is within the City's ability to grant variances to the shoreline ordinance. Gaffron stated that many legal nonconforming properties were created by shoreline ordinance; however, while they exist as legal nonconforming structures, additions to those nonconformances are subject to new ordinance. • PAGE 6 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. • (10. #04 -3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) Sansevere maintained that, if the applicant could demonstrate to the Council that there was a hardship, the Council could support the application. Ritter argued that the backyard was functional prior to the shoreland ordinance. Mayor Peterson suggested that applicant consider screening in portions of the deck and patios. Dr. Spencer stated that she had been giving consideration to enclosing a portion of the decks, but asked whether the removal of hardcover had any impact on their decision. She noted that it would be legal for her to construct a walkway to the waters edge. Mayor Peterson reiterated that the screening would be the most likely alternative and asked whether the application should be tabled or withdrawn. Dr. Spencer requested tabling the application. Murphy moved, Mayor Peterson seconded, to table Application #043055, Mark Ritter on behalf of Dr. Martha Spencer —1005 Willow Drive South, at the applicant's request. VOTE: Ayes 5, Nays 0. *11. #04 -3059 JAMES RENDER, 1335 TONKAWA ROAD — CONDITIONAL USE • PERMIT — RESOLUTION NO. 5240 White moved, Murphy seconded, to adopt RESOLUTION NO. 5240, a Resolution granting a CUP for the proposed cupola for the property at 1335 Tonkawa Road. VOTE: Ayes 5, Nays 0. • *12. STONEBAY PUD — REQUEST FOR RPUD FLEXIBILITY — LOT 6, BLOCK 1- RESOLUTION NO. 5241 White moved, Murphy seconded, to adopt Resolution No. 5241 approving a minor amendment to Resolution No 4915 to allow the proposed encroachments, finding that the proposed encroachments could be allowed under PUD flexibility rather than via the formal variance process, and that the proposed encroachments have no visual or other negative impacts on this development or on neighboring properties. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT 13. PROCLAMATION — HOUSING WEEK Mayor Peterson moved, Murphy seconded, to table the Resolution for further discussion at the November 4 "', 2004 work session. VOTE: Ayes 5, Nays 0 PAGE 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. *14. RECOGNITION OF MAGGIE KNUTSON'S MILKEN NATIONAL EDUCATOR AWARD — RESOLUTION NO. 5242 Council members suggested that Knutson be invited to a Council meeting to receive her Resolution for recognition in person, or she be presented the resolution during a school board meeting, or in her classroom during school. White moved, Murphy seconded, to adopt RESOLUTION NO. 5242, a Resolution recognizing Maggie Knutson for earning the Milken National Educator Award. VOTE: Ayes 5, Nays 0. Murphy asked for a status report on the Long Lake golf green case. Moorse stated that a tree plan was presented to Mr. DeMuth, a Long Lake subdivision property owner who removed most the trees and vegetation from his property, and he believed they were close to resolving the issues. Murphy suggested the City keep the Orono Oaks neighborhood in the loop, since neighbors were being called by DeMuth's insurance company and estimating the costs at $2,000 worth of plantings. He believed it important to get the neighborhood to sign off on the proposal, since they would prefer plantings as opposed to a check. Barrett stated that it seems consistent for the city to head down this path of action. is Moorse pointed out that the City is not responsible to maintain that area and does not want a check • or to be involved in the process, but would like to see an agreement in writing between the parties. PUBLIC SERVICE DIRECTOR'S REPORT 15. STONEBAY DEVELOPMENT — STORMWATER TRUNK FEE REIMBURSEMENT Gappa explained that a trunk fee reimbursement of $148,109 for the regional pond excess construction costs was previously approved. Since that time the developer has submitted information on the costs for the installation of the new regional pond outlet pipe under Highway 12. After reviewing these costs, Gappa stated that staff recommends a stormwater trunk fee credit in the amount of $39,919 for the outlet pipe. He indicated that these two fee reimbursements satisfy all of the requirements of the developer's agreement for stormwater trunk fee credits. While they appreciated the reimbursement, Steve Johnston, Dahlstrom Development representative, stated that they disagree with the definition of reimbursement, as a credit against future trunk fees and not true reimbursement. Barrett stated that he would like to look into the agreement further before rendering an opinion. 0 PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. • (15. STONEBAY DEVELOPMENT — STORMWATER TRUNK FEE REIMBURSEMENT, Continued) Gappa stated that the agreement merely says reimbursement, and, since it was Dahlstrom who requested phasing, the reimbursements will be made via credits. Johnston stated that, since reimbursements do no constitute real money, they would request guaranteed stormwater trunk fees. While Murphy complimented Johnston on the overall development and pond project, he questioned whether it is impacting the drainage problems faced by Morrie's on the other side of Highway 12. Engineer Kellogg stated that he was unaware any remaining problems existed, after reviewing and cleaning out the ditch a month ago. Murphy commented that he hoped the situation had been resolved. Johnston pointed out that, right now, the water and drainage flow is about as high as it will ever be, since the sod and vegetation have not yet been installed. • Murphy moved, White seconded, to approve a Stormwater Trunk Fee reimbursement of $39,919 to Dahlstrom Development, for the regional pond outlet pipe costs, to be funded from the Stormwater Utility Fund and approval of a budget adjustment for the 2004 Stormwater Utility Fund Budget to reflect this expenditure, subject to the City Attorney review of the definition of reimbursement. VOTE: Ayes 5, Nays 0. Murphy moved, White seconded, to approve a Stormwater Trunk Fee credit of $103,788 to Dahlstrom Development, to offset Stormwater Trunk Fees due for future phases of the StoneBay Development project. VOTE: Ayes 5, Nays 0. *16. ACCEPT QUOTATIONS — CASCO COVE DRAINAGE PROJECT White moved, Murphy seconded, to accept the quotation for the Casco Cove Drainage project from EJ Mayers Inc., Corcoran Minnesota, in the amount of $24,375 to be funded from the 2004 Stormwater Utility Fund Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. *17. ADOPT ASSESSMENT ROLL — WEST FARM ROAD (HOMESTEAD) SEWER PROJECT — RESOLUTION NO. 5243 White moved, Murphy seconded, to approve RESOLUTION NO. 5243, a Resolution adopting the proposed assessment for the West Farm (Homestead) Sanitary Sewer Project. • VOTE: Ayes 5, Nays 0. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. • *18. ADOPT ASSESSMENT ROLL — GARDEN COURT SEWER PROJECT — RESOLUTION NO. 5244 White moved, Murphy seconded, to adopt RESOLUTION NO. 5244, a Resolution adopting the 1220 Garden Court Sanitary Sewer Extension assessment roll. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *19. ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING White moved, Murphy seconded, to establish Thursday, November 4, 2004, at 5:45 P.M. for the 2004 Canvassing Board Meeting. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. *20. LICENSES There were no licenses. *21. BILLS • White, Murphy seconded to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of October 25, 2004 at 8:54 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 10 of 10