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HomeMy WebLinkAbout11-22-2004 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 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, Planners Janice Gundlach and Melanie Curtis, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:02 P.M CONSENT AGENDA 1. Approve /Amend Items 8, 11, 12, 13, 14, and 15 were added to the Consent Agenda. While Items 3, 6, and 9 were removed from the Consent Agenda. White moved, Murphy seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. PRESENTATION 2. MCWD Stubbs Bay Water Quality Project Presentation — Mike Wyatt and Jim Hafner • Hafner summarized a water quality and feasibility study of Stubbs Bay that has been performed by the MCWD in an effort to offset declining water quality in the Bay. He pointed out that the combination of high phosphorous levels (53 -57 ugl), algae blooms, and poor clarity, made Stubbs Bay not a good swimming bay. .7 Without improvements, Hafner noted that the Bay would be phosphorous full by 2020. Of the proposed improvement methods, the best management practices suggested a combination of artificial circulation and chemical treatments with the addition of upland ponds for filtration as the preferred. Since most of the phosphorous loading seems to be coming from the Classen Creek area, and 80% of the upland area will be developed by 2020, Hafner indicated that external controls and filtration via ponding are necessary steps to improve the conditions of the Bay. The total package price will run approximately $1.4 million and be paid by the Ad Valorem Levy, a regional resource for funding a regional lake. Wyatt pointed out that the MCWD began the study based on resident requests, have held public meetings, and look to the City Council for their support to allow the MCWD to move forward. Sansevere questioned whether the MCWD was looking for any contribution from the City. He also asked how the artificial circulation devices or tubes might be impacted by boat traffic. Wyatt stated that no additional funding from cities was needed. PAGE 1 of 11 D MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. (2. MCWD Stubbs Bay Water Quality Project Presentation, Continued) Hafner stated that the manufacturers of the devices indicated that speed boats would not impact the devices; however, the MCWD felt some additional safety buoys might be warranted, the cost of which would also be eovered,by thelevy, r`; White asked how the systems would be monitored or how notices of the study would be distributed. Hafner stated that the systems would be leased initially in order to monitor performance, which would be ongoing. He pointed out that the devices are used elsewhere across the country and the MCWD is optimistic of the results. Wyatt noted that the MCWD would be posting updates of progress on the website and would continue to work with staff. Murphy applauded the MCWD's efforts to improve water quality and voiced his support for the project; however, he encouraged the MCWD to continue its monitoring efforts of Lake Classen and its impacts on water quality. Having attended a public meeting on the study, McMillan pointed out the residents were very positive and supportive of the project. is Murphy moved, McMillan seconded, that the City support the recommended water quality • improvements for Stubbs Bay. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 3. Regular Council Meeting of November 8, 2004 Although he was not present at the previous City Council Meeting, Murphy wished to add an addendum to the Minutes reflecting that Mr. Engleman, who spoke during the public comments portion of the Minutes, had brought this property's problems to the City's attention on numerous occasions for over a year. While Murphy appreciated staff's efforts to visit the site and take pictures, he was concerned by the other neighbors' lack of courtesy, and willingness to take advantage of his neighbors. Murphy moved, White seconded, to approve the Minutes of November 8, 2004, as discussed. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Meeting to be held November 29, 2004 PLANNING COMMISSION COMMENTS — Travis Winkey Winkey stated that he had nothing to report, but would remain for questions. • PAGE 2 of 11 is MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. PUBLIC COMMENTS Allan Engleman, 315 Old Crystal Bay Road North, once again addressed the City Council regarding the conditions at 285 Old Crystal Bay Road North. He indicated that he had received a letter from the City in which the neighbor was asked to comply with City Ordinance by last nighty Engleman questioned whether the neighbor had complied with city standards and asked what would happen next. Moorse indicated that the neighbor had contacted the City and provided the City with documentation that he is the owner of all 3 boats stored on the property. Engleman asked about the other issues and pointed out that, according to a letter that he was given by the City, since this owner was not the occupant of the residence he could not store all of those boats on the property. He passed the letter around for staff and Council to review. Gaffron indicated that this letter mistakenly misrepresented the fact that just the occupant could store their boats in the site, when in fact the owner or occupant can do so. Murphy questioned what would prohibit the owner from storing 15 boats on the property, as long as he had the documentation that he owned them. Gaffron stated that nothing would prohibit the owner from doing so. • As the compliance date had just passed, Curtis stated that she would visit the site the following day to check out the progress. Murphy stated that it seemed obvious to him that the neighbor was abusing the property and creating an eyesore for the neighbors. Unfortunately, he admitted that there seemed to be few good ways the City can deal with it. ZONING ADMINISTRATOR'S REPORT *4. #04 -3047 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE — VARIANCE — RESOLUTION NOS. 5253 and 5254 White moved, Murphy seconded, to adopt Resolution Nos. 5253 and 5254 granting renewal variances for the property located at 3135 Casco Circle. VOTE: Ayes 5, Nays 0. 5. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD - VARIANCES Curtis explained that the applicant is proposing 36.8% hardcover within the 75 -250' zone and an average lakeshore setback variance of 5' in conjunction with the redevelopment of the lot. She pointed out that the Planning Commission voted 5 -2 to recommend approval of a variance within the 75 -250' zone for 36.8% hardcover and an average lakeshore setback variance to encroach 5' in conjunction with a landscape restoration plan to be approved. Although the Planning Commission majority felt the relatively small 75 -250' zone created a hardship for the property, Curtis stated that • staff is not convinced that the level of 36.8% hardcover is warranted for this specific rebuild. PAGE 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. (5.#04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued} Gaffron pointed out that, while the average lakeshore setback variance is warranted, since no views are impacted, it is the relationship to the area within the 75 -250' zone that there is a hardship question. Since the lagoon impacts the 75 -250' zone, using an optimum. Iot,shape- analysis would suggest that 32.5% hardcover would be allotted for this property. A bigger issue comes to light when examining the 1,500 s.f. minimal house measurement. If there is an inherent hardship, Sansevere questioned what staff would recommend. Gaffron asked the Council to determine what they believed to be a reasonable hardship, since staff believed that 1,884 s.f. is the warranted size it should be. Since the proposal seemed to be a mere 300 s.f. over staff's calculation, Murphy questioned whether 300 s.f. could be removed somewhere. Gaffron pointed out that the 3 car garage could be revised to a 2 car garage, but noted the residents do need some off street parking, the deck was of modest size, and even sliding the entrance down would not suffice. Attorney Barrett stated that, while it appears that staff suggests that there is a hardship, the City Council must determine what level of hardcover it feels comfortable with based on this neighborhood, drainage, and what the Council has allowed in the past under similar circumstances. Murphy questioned whether the home would be a 1 or 2 story home. • Attorney Keane, Vogstrom's representative, urged the City Council to focus on the size of the footprint and current hardcover. He indicated that the client was unsure of whether he would be proposing a 1 or 2 story home until the footprint could be determined. McMillan pointed out that, as a City Council, they must assume the maximum level without plans. Sansevere stated that without having any idea of what would be going up, he could not approve something. Gaffron stated that the applicant does not wish to draw up multiple versions of the house until they have an idea of what will be allowed. He noted that the enclosed elevations do give a sense of what the applicants would like to see approved. While she could understand the applicant's hesitation to go to the expense of drawing up plans, McMillan stated that she could not support 36% on a new rebuild. She stated that she did feel a small hardship based on the 0 -75' was warranted. White asked where the dock would be placed, and if it were to be placed beyond the lagoon, he questioned whether the applicant had the right to use the public land to access it. • PAGE 4of11 L� MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,'2004 7:00 o'clock p.m. (5.#04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Attorney Barrett pointed out that the property north of the parcel which appears to line this property was a platted right -of -way. Alternatives to this use would be to regulate the use of the road or vote�to abandon it, which the City would not recommend. Vogstrom pointed out that the lagoon is too shallow to serve access for a boat or dock and the parcel to the north is heavily wooded and wet. Since the City would not support dredging the lagoon, White agreed the dock should stay on the main portion of the lake. He indicated that he needed a better reason to support much more than 25% hardcover. Keane pointed out that one would be hard - pressed to find a similar property in Orono in which the 0 -75' is almost entirely taken up by lagoon. He continued noting that the mere 1,080 s.f. footprint is a modest footprint by today's standards. At a current hardcover level of 4,732 s.£, the applicant has proposed a decrease of over 35 %. He reiterated that the lagoon affords the applicant a unique hardship, though they've tried to scale back to accomplish the necessary reductions. While he could appreciate the logic and reductions, Murphy stated that the problem he continues to wrestle with was that they simply do not know enough about the house. He felt the Council needed to know more about what was being proposed in order to make decisions, though he understood the costs to the client. In addition he wished to see a landscape restoration plan accompanying the . proposal. Gaffron stated that staff had a landscape plan which was being reviewed currently and asked for Council to establish relative timelines. • White pointed out that although the applicant has tried to show that they have substantially reduced hardcover on the property, the driveway hardcover should not be included in the hardcover calculation by the applicant in their efforts to accentuate the amount of hardcover removals. He pointed out that the excessive tree removals have done immeasurable damage to and exacerbated the runoff situation to the property. He questioned how the applicant, or the applicant's contractor, could have believed that the excessive tree removals on this property were allowed at all. While he concurred with White, Murphy stated that he was not prepared to allow more than 25% until the Council knew what was to be built on the site. Mayor Peterson asked Attorney Barrett whether they could forbid rebuilding on the property until the City could approve a restoration project. Since they wished to see the reforestation take place first, she asked whether building could be delayed. While Barrett understood the issues the City Council was wrestling with this evening, he requested that the matter be continued to allow the applicant time to bring forward a plan that works. Murphy suggested that applicant table the application until the applicant can come up with a plan that meets staff support. PAGE 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. (5.#04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) • Sansevere stated that he believed the applicant should be allowed at least 1,500 s.f. of living space. Vogstfdni stated that; according to the tax record, the property is referenced at 40,000 s.f.; however, with the lagoon factored in the property diminishes to 14,000 s.f. Once again, McMillan stated that 36% was too much, 25% too small, and suggested the applicant continue to work with staff to analyze what percent is allowable. Gaffron reminded Council that 1,500 s.f. is a limit on a 10,000 s.f. or less lot, not a right. Murphy moved, White seconded, to table Application #04 -3052, Eric Vogstrom, to allow the applicant to continue to work with staff on a revised proposal. VOTE: Ayes 5, Nays 0. Sansevere asked what made the applicant, or his contractor, think they could remove all of the established trees on the parcel without permission. Vogstrom stated that he had the tree trimmer in attendance for questions. Mayor Peterson stated that this was not the forum for this discussion and would.be addressed at another time. 6. #04 -3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH — VARIANCE — • DENIAL RESOLUTION NO. 5255 Dr. Spencer stated that until she received the denial resolution in the mail she had no idea that she was being required to remove her dog kennel. She felt this was excessive penalty for this item to have not been missed on surveys, missed by those who visited her property, and missed altogether had she not mentioned it in a previous meeting. She argued that her representative did not have the right to offer to remove it, since they would have no idea whether she intended to purchase another dog in the future. Dr. Spencer stated that the cement kennel has always been there, it was not a secret, nor should it be required to be removed as her hardcover is a mere 8% on her property. White stated that he was willing to allow it. Mayor Peterson acknowledged that it was unfortunate that she was unable to attend the past meeting, when her representative made this submission. She indicated that she felt it was an error overlooked by many parties; therefore, she would allow it to remain. McMillan stated that it seemed to be an oversight that was not precedent setting. Barrett agreed that the Council would be within its rights to allow it or remove it. McMillan moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 5255, a resolution denying the applicants variance request, with item #7 removed regarding the removal of the dog kennel. VOTE: Ayes 3, Nays 2, Sansevere and Murphy opposed. • PAGE 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. • *7. #04 -3056 DENNIS & EVELYN BRUCE, 3435 LIVINGSTON AVENUE — VARIANCE — RESOLUTION NO. 5256 White moved, Murphy seconded, to adopt RESOLUTION NO. 5256, a Resolution approving the variance to allow a detached garage to be constructed nearer the front. lot- line than the principal residence located at 3435 Livingston Avenue. VOTE: Ayes 5, Nays 0. *8. #04 -3057 DON HENDERSON, 560 BIG ISLAND — VARIANCE — RESOLUTION NO. 5257 White moved, Murphy seconded, to adopt RESOLUTION NO. 5257, a resolution granting a lot area variance for 560 Big Island. VOTE: Ayes 5, Nays 0. 9. #04 -3064 DOUGLAS & DEBORAH INGVALSON, 3460 BIRCH LANE — VARIANCE — RESOLUTION NO. 5258 Gundlach explained that the applicants requested a hardcover variance to permit 53.29% hardcover in the 75 -250' zone when 25% is allowed and 53.05% currently exists. She noted that the Planning Commission voted 6 -1 to approve the requested hardcover variance stipulating that the applicant be instructed to remove, at minimum, the new square footage proposed in order to maintain the current hardcover level and also an additional 86 s.f. She pointed out that the applicant has agreed to remove 102 s.f. of hardcover where an additional 16 s.f. is proposed. • Mr. Cloud, neighbor at 3460 North Shore Drive, questioned how the applicants were able to maintain 53% hardcover when he was required to remove his existing building at the lakeshore, 800 s.f. from his driveway, and build a smaller deck than was originally there when he approached the City for permission to rebuild his deck. He indicated that he was having a difficult time understanding why he was forced to give up so much when his hardcover was 46 %, and the neighbor has 53% and a 4 -car garage. U Betsy Nusbaum, 3480 North Shore Drive, stated that while she did not object to her neighbors' request, she wished to have the City explain how, since hardcover continues to be a problem in this neighborhood with excessive driveways, the Council could approve the 53% request and not ask for a bit more green space to help out with the drainage issues. White stated that according to new rules and regulations in 2004, residents must be allowed to modify their home even in a nonconforming situation. McMillan felt that safety concerns regarding the size of the step warranted the changes, and pointed out that hardcover was being removed in excess of the requirement. Mayor Peterson moved, White seconded, to adopt RESOLUTION NO. 5258, a Resolution granting a hardcover variance in order to construct a new larger covered stoop at the residence located at 3460 Birch Lane, with the required removals, and the addition of 4D that the areas be revegetated. VOTE: Ayes 5, Nays 0. PAGE 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. 10. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS & AMANDA WALSH, 1354 REST POINT LANE — VARIANCE - RESOLUTION NO. 5259 Gundlach explained that the applicant requested a hardcover variance to permit 30.1% hardcover within the 75 -250' zone when 25% is allowed, 44.91% exists, land 29:9% was approved in 1999 in order to tear down and rebuild the existing westerly addition. In addition to staff's recommendations, the Planning Commission recommended approval with the following edits, public works recommends that a suitable amount of gravel is needed, adjacent to the curve of Rest Point Circle, for the purpose of winter snow storage, and that restoration/preservation plans for the bluff must be approved prior to the final inspection for the proposed addition. Dennis Walsh stated that the numerous creeping happenstances happened prior to his purchasing the property by the previous owners who were master gardeners. He stated that the only issue he found with the resolution was the requirement pertaining to the gravel up top. He pointed out that a large portion of the gravel `parking lot' is used for snow storage every winter, since there is no where else for it to go. He asked that either the gravel be allowed to remain or for a better solution than trying to re- landscape the area, since the snow storage will continue and kill any vegetation he puts there. Murphy questioned whether blacktopping the area and putting up a small wall would help the situation. Walsh stated that he did not mind leaving the gravel there, since it allows for additional parking in the neighborhood, which is lacking. • Since she felt he was giving the City some right -of -way, McMillan stated this posed a hardship to the applicant which warranted his request, since his gravel benefits the City and neighborhood. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5259, a Resolution granting a hardcover variance for 1354 Rest Point Circle, allowing the snow removal area on the north to remain, as well as, the southerly portion of the upper gravel area to remain. VOTE: Ayes 5, Nays 0. After the applicant had left the Council Chambers, Moorse questioned whether the applicant should be required to grant an easement, to ensure continued use of the area for snow storage. Gaffron attempted to catch the applicant in the parking lot but he had already left. White agreed that an easement would be appropriate, and suggested that the application be reopened. White moved, Sansevere seconded, to reconsider RESOLUTION NO. 5259. VOTE: Ayes 5, Nays 0. White suggested that the applicant be requested to grant an easement, and if he agrees to the easement, the resolution can be amended and on the next meeting's Consent Agenda. If he doesn't agree, he should appear at the next meeting to discuss the issue. Barrett suggested tabling the reconsideration and this will allow the resolution to be redrafted and easement to be pursued. • PAGE 8of11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 • 7:00 o'clock p.m. (10. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS & AMANDA WALSH, 1354 REST POINT LANE, Continued) White moved, McMillan seconded, to table Application #04 -3067, Resolution No. 5259, and notify the applicant of the need for an easement, and that the item will be put on the Consent Agenda for the next meeting if he agrees to the easement. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Sansevere suggested that the City begin tracking public comments via email until a suitable software program can be found to log comments. Moorse indicated that staff is investigating software for 2005. Murphy questioned the status of the DeMuth tree planting problem. Moorse stated that an arborist is making changes to the plan as requested by the neighbors which will soon be sent off to the resident. White commented that at the annual real estate CLE Class he attended, he learned that new allowances have been set which allow individuals to rehab nonconforming uses. • Barrett added that the changes have restricted cities' abilities to phase out nonconforming uses. McMillan noted that with the removal of the rail along County Road 15 proceeding, the rail is beginning to look like a trail, which brings to light new questions. Moorse stated that with the trail taking shape, he asked the county what they will be doing with regard to patrolling and signage, and suggested they post no snowmobiling signs soon. He stated that Orono had volunteered to help police the corridor for the time being, with some reimbursement of the City's costs by the County. Barrett questioned whose ordinances and permitted uses would the city be enforcing. Gaffron indicated that he had received a call that day from the County asking whether Orono has Ordinances prohibiting snowmobiling on public rights of way. He suggested further investigation continue. Murphy agreed that this must be determined soon, and should be set up similar to the Luce Line system. Mayor Peterson brought up Murphy's idea to implement saying the pledge of allegiance at the outset of each meeting for the Council members to consider. Murphy urged the City to update the `Friends of the Park' Award posted outside the Chamber. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. • PUBLIC SERVICE DIRECTOR'S REPORT *11. PUBLIC WORKS PARKING LOT PAVING White moved, Murphy seconded, to authorize the expenditure of $22,469.96 from the 2004 Public Works Department Contracted Street Maintenance Budget line item for the repaving of the Public Works yard area. VOTE: Ayes 5, Nays 0. *12. REQUEST FOR PAYMENT #1 GARDEN COURT SANITARY SEWER PROJECT White moved, Murphy seconded, to approve Request for Payment #1 regarding the Garden Lane Sanitary Sewer Extension Project to G.L. Contracting Inc., in the amount of $23,513.33 VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *13. EXTENSION OF JOINT POWERS AGREEMENT FOR WEST HENNEPIN RECYCLING COMMISSION — RESOLUTION NO. 5260 White moved, Murphy seconded, to adopt Resolution No. 5260 approving the extension of the • Joint Powers Agreement of the West Hennepin Recycling Commission through December 31, 2007 VOTE: Ayes 5, Nays 0. *14. EXTENSION OF CURBSIDE RECYCLING CONTRACT White moved, Murphy seconded, to approve the extension of the curbside recycling contract with E -Z Recycling for the period from January 1, 2005 through December 31, 2007 at a rate of $2.24 per household per month, and to authorize the Mayor and City Clerk to sign the Curbside Contract Extension Agreement for 2005 -2007. VOTE: Ayes 5, Nays 0. *15. APPOINTMENT OF FULL TIME POLICE OFFICER White moved, Murphy seconded, to approve the hiring of Kimberly Dawn Toewe effective November 23, 2004 at the starting patrol officer pay rate. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. PAGE 10 of 11 • MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, November 22, 2004 7:00 o'clock p.m. is 16. LICENSES ANNUAL LIQUOR LICENSE Club On Sale & Sunday Liquor Off Sale Liquor Wayzata Country Club 200 Wayzata Boulevard Woodhill Country Club 200 Woodhill Road Navarre Liquors Inc. 3421 Shoreline Drive ONE DAY GAMBLING — RESOLUTION NO. 5261 Orono Elementary PTO (raffle) Winter Fun Fest — Orono Middle School 12:00 p.m. — 4:00 p.m. Saturday, February 5, 2005 White moved, Murphy seconded, to approve all licenses and Resolution No. 5261. VOTE: Ayes 4, Nays 0, Abstain 1. McMillan abstained. * 17. BILLS White moved, Murphy seconded to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT White moved, McMillan seconded, to adjourn the Orono City Council Meeting of November 22, 2004 at 9:45 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 11 of 11 Barbara A. Peterson, Mayor