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HomeMy WebLinkAbout09-22-2008 Council Minutes• r� • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00,o 'clock p.m. . ROLL'CALL The Orono City Council met on the above -mend James White, Council Members James Murphy, Representing Staff were Finance Director Ron C Strategy Mike Gaffron, Planner Evelyn Turner, .Young. Mayor White called the meeting to order at 7:00 CONSENT AGENDA Item Nos. 5, 8, and 9 were added to the Consent Murphy moved, McMillan seconded, to Ayes 5, Nays 0. APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING Bremer moved, Rahn seconded, to approve September 8, 2008, as submitted. VOTE: PRESENTATION 3. FUNDING FOR GILLESPIE ;d date with the following members present: Mayor i McMillan, Cynthia Bremer, and David Rahn. n, Assistant City Administrator for Long -Term r Engineer Tom Kellogg, and Recorder Jackie followed by the Pledge of Allegiance. the Consent Agenda as amended. VOTE: SEPTEMBER 8, 2008 minutes of the Orono City Council meeting of 4, Nays 0, Murphy Abstained. Donna Smith, Gillespie Center, addressed the City Council regarding funding by the City of the Gillespie Center. Smith indicated they are here to answer questions regarding the information submitted by the Gillespie Center. Smith noted the long -range plan for the center does not include converting the center to a community room that consists of swimming pools, weight rooms, and more, but would primarily be a senior center that serves the needs of the citizens of the area. Smith noted Orono has approximately 1500 seniors who could potentially be utilizing the Gillespie Center. White noted there is a relationship between the White asked what funding is provided by SCS. Ben Withhart, Executive Director of Senior Coi money from a number of sources and supports various cities that utilize the center and some of tonight asking that the City of Orono consider c Center and the SCS into one funding request so to run some of the programs at the center. Murphy asked whether the $19,000 the City and what the current status of the Meals on Center and Senior Community Services. nunity Services, stated the Gillespie Center raises ;S, with the remainder of the funds coming from the x nonprofit groups. The Gillespie Center is here nbining the requests for funding from the Gillespie CS is able to continue to provide the staffing necessary ently provides goes towards the services just mentioned is program is. PAGE 1 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. (3. FUNDING FOR GILLESPIE CENTER, Continued) Withhart indicated they are providing meals to some residents within the City of Orono Murphy asked if there is a written agreement that outlines the relationship between the Gillespie Center and the SCS. Withhart stated both are nonprofit organizations and that there is not a formal agreement in place. Murphy asked how the arrangement works. Withhart indicated the Gillespie Center raises some funds that go directly to SCS and in return SCS provides the transportation and staffing for the Meals on Wheels program. Withhart stated the relationship between the two is viewed more as a partnership. Rahn asked if the $19,000 that the City currently provides would be redirected. Withhart stated it would. Rahn asked how much additional funding the Center is requesting and for how long of a period of time. Withhart stated they are requesting an additional $10,000 each year from the City. The plan is for SCS to continue the same level of services to Orono through the Gillespie Center. • Murphy commented he would be more comfortable knowing that they are putting $19,000 into services but stated that the funding appears to get tangled up with SCS and that there is nothing in writing explaining the relationship. McMillan asked if the $19,000 is going into a building endowment versus providing services. McMillan stated the City would like the Meals on Wheels program continued and that they would like to know if the money is going towards the services. Withhart explained that the money that is being requested tonight would be allocated for services and not for the endowment. The funding would allow the center to continue those services and the additional fundraising that the Gillespie Center is conducting would be put into the endowment. McMillan asked if the additional money would go towards operating costs rather than the endowment fund. Withhart stated it would. Dave Osmek, Mound City Council, stated the City cannot legally give money to an organization for an endowment fund and that the Gillespie Center is basically proposing a services contract to provide funding to continue services. The current fundraising efforts by the Gillespie Center would be directed into the endowment program. The Gillespie Center is requesting $11,000 over the next 10 years. The SCS would surrender the $19,000 to the Gillespie Center for the services it receives. Osmek stated after years of the center struggling on a very thin budget, the committee has come to the conclusion that an endowment fund would be the best way to plan financially for the future. The PAGE 2 of 18 U • • MIND +TES OF THE ORONO CITY' ICOUNCIL MEETING Monday, September 22, 2008 7:00.�o'clock p.m. (3. FUNDING FOR GILLESPIE Gillespie Center currently has one full -time staff provided for by volunteers. Osmek noted the Ci cost, which would add up tb another eight to ten' presently contributes. Osmek stated after the tei funding for the center and that the City would ac Osmek stated with the additional funding from t: to do their fundraising, which would then go intc Spring Park, Minnetrista, and Mound have alrea, Osmek stated under the goals of the agreement savings if the Center receives the additional fur funds, the City would have the right to stop the would solve the Center's long -term financial di Harold Pellant, Co- President of the Gillespie Cc mechanism that would help ensure financing of almost entirely run by volunteers and that they able to concentrate more fully on the fundraisin Bremer asked what the Gillespie Center envisi( not fully funded as currently envisioned. Brem successfully fulfilled but that there are no guarE would be on the cost of services at the end of tf funded. Bremer expressed concern that in ten J additional funding because the fundraising was Osmek stated ten years from now, it is possible but that there is also the possibility that they coi noted the contract ends in ten years and that the Osmek stated at the end of the ten years, if the ei the Center would then tap into that endowment f tournament held this year has been extremely sup become financially independent but that nothing Bremer commented this is a difficult time to be situation, particularly with the limits placed on there is not an option for the City to opt out of t the bargain. Bremer stated she understands the unfortunately the contract should contain langu; fundraising goals are not being met. Lee Grensled, Treasurer, stated approximately tN $170,000, which shows the dedication and come program. Grensled stated in his view the Center Continued) person and that the majority of the services are y of Mound does do some work for the center at no thousand dollars a year, in addition to the $4000 it year period, the City would no longer need to provide wally start to realize a savings after the ten years. ie City, the Gillespie Center would be able to continue the endowment fund. Osmek noted that the Cities of agreed to the extra amount. ig proposed, the City would start to realize a cost sing. If the Center is unable to raise the additional itional funding. Osmek stated in their view this ter, stated they would like to set up a funding 1e desired services into the future. The Center is e requesting some support from the cities so they are for the endowment fund. s at the end of the ten years if the endowment fund is commented she would like to see the agreement :ees that it will be. Bremer asked what impact there ten years when the endowment fund is hopefully fully irs time the City would again be asked to provide 1t totally successful. .t the center could fall short on their endowment fund raise the money sooner than the ten years. Osmek nter is committed to fulfilling that obligation. ►wment fund is successfully funded, it is the plan that I to help finance the services. Osmek noted the golf :ssful and that the long -range goal is for the center to 100 percent guaranteed. luesting additional funds given the current economic City's levy limits. Bremer expressed concern that contract if the Center is not performing their end of entions of the Center are very good but that that allows the City to discontinue the funding if the years ago they had $70,000 and now they have nent that the residents and the Center have to this 11 be successful in its efforts. PAGE 3 of 18 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. • (3. FUNDING FOR GILLESPIE CENTER, Continued) Osmek stated included within the contract there are certain fundraising goals that would need to be met and that if the Center misses two of those fundraising goals, the City has the right to drop out of the agreement. The fundraising goals are also reset for periods three and four and that the contract requires the Center to come before the City Council and give progress updates periodically. Osmek stated the City of Mound did some strategic cuts in their budget, which allowed them to make the financial contribution, and that three other cities would also be contributing to this effort. Withhart noted the Gillespie Center is a nonprofit organization and is not run by a municipality. In addition, the building is completely paid for and there is no capital debt. Withhart stated he does understand the difficulty cities are in given the economy and the levy limits. Murphy asked whether the Gillespie Center has approached the city of St. Bonifacious. Smith indicated they did not go to St. Bonifacious or the City of Minnetrista but that they did approach the City of Independence this year. Smith stated they are looking at approaching the City of Long Lake next year. Murphy stated he does not have a problem with the services being provided at the Gillespie Center and that it would be nice to have more of those types of activities. Murphy stated he does have a concern, however, from a financial standpoint and the fact that there is no written agreement between SCS and the Gillespie Center. In addition, Murphy expressed concern that 2008 is now two- thirds of the way finished and that he does not see any information in terms of how the Center stands financially at the • present time. Murphy asked what would have happened to the Gillespie Center in 2008 if the money had been raised and where that would appear in the documentation. Smith stated it did not happen for 2008. Murphy stated he would like to use 2008 as a model year and asked what would happen to the Center's profit and loss statement if the funds had been received. Murphy noted if the City chooses to contribute the additional $11,000, the City would then be contributing $30,000, which is approximately a six percent increase. Murphy indicated he would like it better defined what services would be provided. Smith stated the Gillespie Center would like to expand their services to the evening hours and that currently they are open 8:00 to 4:00 five days a week. Smith noted the residents are requesting additional services and that in her view they will obtain the support of the cities. White thanked the Gillespie Center for providing the information to the city and that the presentation has been very helpful. White noted the City is approximately $120,000 over budget this year and that they will be looking at ways to eliminate some of those costs. White stated the cost of everything has steadily gone up and that it is an extremely difficult time to be requesting additional funding given the present economic situation. Osmek noted the Gillespie Center has done the fundraising for the past couple of years and that if the additional funding is not approved by the City, he would recommend that a member of the Council sit down with him to see whether the City would be interested in other possible options for assisting the Center. • PAGE 4 of 18 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 "'clack,p,m. (3. FUNDING FOR GILLESPIE Smith stated the Gillespie Center has a warm, words, and that successful fundraisers, such as the Center. The City Council took no formal action on this PLANNING COMMISSION COMMENTS Kempf had nothing to report, but stated he PUBLIC COMMENTS Continued) -iing atmosphere, which cannot be conveyed by of the center for weddings, is vital to the future of ]KEMPF, REPRESENTATIVE be available for questions. Denny Walsh, 1354 Rest Point Circle, stated a number of meetings were devoted to applications for new residences in his neighborhood and that a number of the homes that were approved do not fit in with the character of the neighborhood and have created runoff problems. Walsh stated an issue has arisen regarding the grading of the adjacent property and that he did notify the City of the problem immediately but that no action was taken to correct the problem. Walsh noted he then experienced flooding in his house and that he has been experiencing difficulty with the insurance company handling the claim. Walsh stated he was successful in getting a stop 'order put on the work but that the order was initially torn down by the builders. He then obtained another stop order on the work and that the contractor was forced to address the drainage on the property. Walsh stated there is still a problem with the drainage and that there is a substantial amount of runoff down into the lake. . Walsh indicated he also is currently having problems with his other neighbor listing their home on the Parade of Homes and not obtaining the appropriate permit. Walsh noted their road is basically a one- way road and cannot handle the traffic that is generated by this event. Walsh expressed dismay that Ron Olson has issued the permit after - the -fact without council approval and that he is unsure why the city is bending over backwards to accommodate this type of behavior. Walsh stated the integrity of the Staff and City Council is at issue and that Ron Olson has usurped his rights as a private citizen and should step down from his position with the City. Walsh stated during his past experiences with the' City, he was required to follow the correct procedure and that Staff should do likewise. White noted that licenses for the Parade of Homes would be discussed later this evening. PAGE 5 of 18 I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. . - • ZONING ADMINISTRATOR'S REPORT 4. #08 -3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD, LLC,1785 CONCORDIA STREET — VARIANCES AND CONDITIONAL USE PERMIT Kevin Dulin, applicant; Kathy Alexander, designer; and Sven Gustafson, contractor, were present. Turner noted this item was tabled at the last council meeting and directed the applicant reduce the hardcover on the lot. The applicants have revised their plans further and reduced their hardcover from 29.41 percent to 27.47 percent hardcover. - The reduction in hardcover was accomplished by placing the house as close to the sewer easement as possible, eliminating the four- season porch, reducing the size of the terrace, reducing the size of the screen porch, and reducing the size of the swimming pool. Turner stated Staff is looking for direction from the Council on how to proceed with the application. Bremer asked why there is a requirement for a two -foot sidewalk to the front door. Turner noted a resolution was adopted approximately ten years ago that specified that certain hardcover . had to be included in the calculations regardless of whether it was depicted on the plans or not. Rahn stated the requirement is to require something for a sidewalk and not allow them to have grass.' McMillan noted that requirement was implemented because they found that that type of hardcover was generally added a year or two after the plan was approved. • Alexander noted they do have a sidewalk from the front door to the driveway. Turner stated on the plan they are called out as 1.5 foot stepping stones and that Staff adjusted the hardcover by a half a foot on the sidewalk. McMillan asked if they would be allowed to install stepping stones. Turner indicated they could. Rahn stated he personally does not need to go through all of the specifics of the proposal again and requested the applicant give a brief update regarding the revisions to the plans. Dulin indicated he would make his presentation brief and would merely point out the differences between the two plans. Dulin noted there presently are eight nonconformities and that their proposal would correct all but one of them, which is the hardcover. The drainage issue would be corrected as well as the sewer easement being platted correctly. Dulin stated one of the changes they are proposing includes relocating the house closer to the sewer easement. Rahn noted he asked the applicants at the last meeting whether the house could be relocated closer to the sewer line and that he was told it was not possible. LJ PAGE 6 of 18 r 1 ORONO CITY Monday, S 7:00 (4. #08 -3370 BARB AND AEVIND LLC, 1785 CONCORDIA STREET, Cony Gustafson stated they indicated at the last as they could. OF THE TNCIL MEETING nber 22, 2008 ck p.m. J. SVEN GUSTAFSON OF STONEWOOD, frig that they were happy to move it as close to the street Dulin stated they did move it as close as possible without encroaching upon the sewer easement, which resulted in the driveway being reduced. They have also redesigned the house, eliminated the four - season porch, reduced the patio, and reduced thejsize of the pool. McMillan asked what the patio and the pool Dulin stated they have reduced hardcover on the Currently the property has 7,019 square feet of h Gustafson noted they are combining the 0 -75 Dulin noted that presently 12 percent of their h presented two weeks ago was for 7,489 square house by over 300 square feet. . e been reduced by. property by approximately seven percent. zone and the 75 -250 foot zone. i)ver is within the 0 -75 foot zone. The proposal and that there was a reduction in the size of the Turner displayed the layout of the proposed house and the original proposal on the lot. • Dulin stated they have eliminated approximately 6.7 percent or approximately 520 square feet of hardcover from the original proposal. The major issues relate to the sewer easement, which prevents them from constructing the house further back, and the fact that they are located in a floodplain, which prevents them from remodeling the existing structure. Gustafson stated what might have been misunderstood at the last meeting is the fact that the sewer line does not allow them to relocate the house closer to the street. Rahn stated he recalls the easement not being centered on the sewer line and that the residence could be moved closer up, which appears to not be the case. Gustafson stated they are open to relocating the structure as close as possible to the sewer line. The City Engineer did indicate they would like to see some space between the structure and the sewer line to accommodate for footings. Turner noted the house has been moved as close I o Concordia Street as possible. Dulin stated they have attempted to reconfigure their plan in such a way to address the hardships and also address the concerns of the City Council as !best as they can. The sewer line results in over 1,100, almost 1,200 square feet of additional driveway., They are approximately 650 square feet over the 25 percent hardcover limit but they are unable to push the house any further back due to the sewer line. Dulin noted they are located in the floodplain and as a consequence of the statute regulating remodeling within a floodplain, they are restricted from remodeling the structure. In 1988, these same issues were discussed and the council at that time did recognize there were some hardships to the property and PAGE 7 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. (4. #08 -3370 BARB AND KEVINDULIN WITH J. SVEN GUSTAFSON OF STONEWOOD, LLC, 1785 CONCORDIA STREET, Continued) approved a hardcover variance. Dulin indicated he would like to construct a house that would meet their long -term needs. McMillan asked whether it is a two or three -car garage. Dulin stated it is a two -car garage and that he is removing a storage shed that is currently on the property. McMillan noted the proposed storage shed is located in the 250 -500 foot zone. Dulin noted locating the mechanicals on the main floor requires that the footprint of the house be increased. Alexander stated the issues raised by the City Engineer were -addressed by the surveyor and that they believe they can meet those recommendations. Rahn asked how many square feet the covered porch consists of. Turner displayed the floor plan. Alexander indicated the covered porch is 12 feet deep an d is approximately the length of the house. Rahn noted the Council has required residents in the past to reduce decks and patios in order to meet the hardcover requirements. Rahn presented a hypothetical of a house built on a compliant -lot and that the addition of a pool later on would require a hardcover variance and whether the Council would approve that type of a situation. Dulin asked whether they would be having a different discussion if they were proposing 7,019 square feet of hardcover without . a pool. Dulin noted the property was granted a hardcover variance back in 1988, and that if he did not have the hardships associated with the property, he would be able to. construct this house without any variances. Dulin noted he is correcting a number of nonconformities with his current proposal. Rahn stated he is attempting to find some justification for a pool. Rahn noted what the applicant is proposing is smaller in size than what currently exists. Dulin stated he did reduce the size of the house in order to have the pool. Dulin noted he also is losing the six bedrooms upstairs and that one of the reasons for redesigning the house is to allow them to shut off a portion of the house when they are traveling. Dulin stated at this point in their life the pool is an extremely important feature. Rahn commented he understands what the applicant is saying but that there is a different perception regarding a pool and granting of a hardcover variance. Rahn stated for a number of years the Council has considered that a rebuild requires the applicant to meet as many of the City's requirements as possible. PAGE 8 of 18 • MINUTES OF THE ` -ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. (4. #08 -3370 BARB AND KEVIN LLC, 1785 CONCORDIA STREET, Cc J. SVEN GUSTAFSON OF STONEWOOD, Dulin stated the existing house meets their current expectations but does not meet their future expectations. Dulin stated if the pool was not such an important feature, they would design the house differently.' �I Rahn asked how much hardcover was granted in,J988. Dulin stated approximately 42 square feet was approved in the 0 -75 foot zone to enable them to get from the new section out to the front yard and that over 1000 square feet of hardcover was added to the lot overall. 11 t . Turner stated this is a situation where it is difficult to compare the hardcover calculations. The approved hardcover in the 0 -75 and the 75 -250 foot zones was 6,540 square feet and that there currently exists 7,019 square feet. �I Gustafson noted the previous council did regard sewer line results in an additional 1,100 square I Rahn asked if the easement was not there whf Dulin stated in his view he would rather have • McMillan asked whether there is sufficient ro Gustafson stated there is a fire lane that runs i sewer line as a hardship and that in their view the of hardcover consisting of driveway. they would locate the house further back. house located further back. 1 for drainage around the corner of the pool. ii McMillan stated she is unsure whether the City expressed concern that some of the drainage woi between the pool and the fire lane. Kellogg stated those are some of his concerns as view. Dulin stated in his opinion this is an McMillan asked whether they are agreeable to to the property that could be utilized. ould allow use of the fire lane for drainage. McMillan d be diverted into the fire lane given the lack of space and that the grading plan is not fmalized in his over what currently exists. the pool further away from the fire lane. Dulin indicated they would be willing to move the pool slightly. One of the major issues is that this property handles all of the drainage from the adjoining property and that they unfortunately do not have room to accommodate the drainage. Dulin stated they will do as much as they can to handle the drainage on their property but that the current drainage situation is not acceptable. Gustafson asked whether they could push the pool further north. Turner stated they could. McMillan asked whether they are required to replace the floodplain that would be filled in on the lot. �I PAGE 9 of 18 i MINUTES OF THE "'ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. • (4. #08 -3370 BARB AND %EVINDULIN WITH J. SVEN GUSTAFSON OF STONEWOOD, LLC, 1785 CONCORDIA STREET, Continued) Dulin stated they would be required to replace the floodplain somewhere else on the lot. Alexander stated the surveyor has done those calculations. Turner noted the applicants are cutting a swale on the north lot line, which in the city engineer's view should help with the drainage. Rahn asked what type of pool is being proposed. . Dulin stated the proposed pool is a four -foot deep lap pool and is designed for therapeutic purposes. Dulin stated if this application is not approved, he would be requesting a permit to redo the siding of the house and otherwise fix it up to sell it. Dulin asked whether that would trip the floodplain regulations. Turner indicated replacing siding and windows does not trip the floodplain regulations. Murphy stated he has reviewed the minutes and the original proposal and- that he believes the applicants have done an extraordinary amount of work to address the issues raised by the Council. Murphy stated he would require full approval by the City Engineer but that this proposal would vastly improve the property. Murphy stated if the pool could be moved further to give more access on that side of the property, he would be in favor of the proposal. Bremer stated she personally does not prioritize the same way the applicant does but that Council Member Murphy has made a good point. Bremer stated if the applicant had been requesting a third stall on the garage, that probably would not have raised as much concern as a pool and that she has to step back from the concept that it is a pool rather than a third garage stall. Bremer stated in her view there is a hardship to the lot but that she is unsure what the hardcover number should be. Bremer indicated she would have preferred to see a hardcover number below 27 percent and that in her view the deck could be reduced slightly. Alexander stated it is approximately 12 x 30 and that 12 feet is required to arrange furniture. Dulin stated they are approximately 628 feet over and that the porch is not that much. Rahn stated he personally feels there should be a further reduction in hardcover and that he does not particularly care where the reduction is made. Bremer stated there are plenty of homes that have been designed with porches or decks that don't extend the length of the house to help meet the hardcover limits and that she fundamentally has a problem with approving the variance in excess of 27 percent given the size of the lot. Gustafson noted the sewer line does constitute a hardship and results in approximately 1,000 square feet in hardcover, which does not seem to be given much consideration. Bremer commented the hardship should justify the hardcover in excess of 25 percent. • PAGE 10 of 18 i MINUTES OF THE ORONO CITY ICOUNCIL MEETING Monday, September 22, 2008 • 7:00 'clock p.m. U (4. #08 -3370 BARB AND KEVIN LLC, 1785 CONCORDLI STREET, Ca Murphy pointed out there is a large amount whole house could be located further back. Gustafson stated that is correct. Murphy stated in his view that is a hardship and being required due to the easement. WITH J. SVEN GUSTAFSON OF STONEWOOD, that is unbuildable and that if that was not there, the approximately 1,000 square feet of hardcover is Gaffron stated if everything is moved to the right, you would lose a portion of the driveway consisting of approximately 300 to 400 square feet, which is the hardcover that would be justifiable because of the sewer line. Gustafson stated if they pushed it back to the 35. -foot setback, they could have a driveway that is beyond the 250 -foot setback and they could eliminate the need for 1,172 square feet. . Gaffron stated based on that clarification, he does agree with the point made by Gustafson. Murphy commented he viewed a house that the Council struggled with earlier in the year located off of Brown Road that has a pool and that it is a lovely amenity to the house, the neighbors' houses, and the neighborhood. McMillan moved, Murphy seconded, Applic, Concordia Street, to direct staff to draft an a permit and revised hardcover variance for 2 with the sewer line and the floodplain, with t floor of the house, and to direct Staff and Cil side of the pool and whether the pool should for drainage on the side of the pool. VOTE: Murphy emphasized that the drainage is a very *5. #08 -3374 WILLIAM G. R PLAT — RESOLUTION NO. 5771 Murphy moved, McMillan seconded, to Preliminary Approval of a Class H Sub VOTE: Ayes 5, Nays 0. ion #08 -3370, Barb and Kevin Dulin,1785 proval resolution granting the conditional use 17 percent hardcover due to the hardship associated mechanicals being incorporated into the main Engineer to review the drainage, particularly the pushed away from the side setback line to allow ,yes 3, Nays 2, Bremer and Rahn Opposed. issue that should be addressed fully. 505 WILLOW DRIVE SOUTH — PRELIMINARY RESOLUTION NO. 5771, a Resolution Granting it for Property Located at 505 Willow Drive South. PAGE 11 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. • *6. #08 -3375 MICHAEL AND MARY DRAZAN, 3546 IVY PLACE — VARIANCES AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5772 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5772, a Resolution Granting . Variances to Municipal Zoning Code Sections 78 -1288 and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78 -1286, for the property located at 3546 Ivy Place. VOTE: Ayes 5, Nays 0. *7. #08 -3379 WOLD ARCHITECTS & ENGINEERS ON BEHALF OF INDEPENDENT SCHOOL DISTRICT #278,685,765, AND 795 OLD CRYSTAL BAY ROAD NORTH — CONDITIONAL USE PERMIT — RESOLUTION NO. 5773 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5773, a Resolution Granting a Conditional Use Permit.for Additions to Orono High School, Schumann Elementary School, and Orono Intermediate School per Section 78- 418(1). VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Rahn noted the International Building Code hearings are going on right now and are being broadcast via web camera. Rahn stated the code regulations regarding the maximum size of a building that could be built without a permit were discussed, with a proposal to increase it from 120 to 200 square feet. Rahn stated the code requiring residential sprinklers also passed. 0 McMillan asked whether_there is anything from an engineering standpoint that could be done on the steeper lots for drainage. White stated some communities are requiring cast iron silos that hold a couple thousand gallons of water. McMillan stated on some of the smaller, steeper lots, that that should be something the City should be looking at and perhaps require some additional items to accommodate drainage. Kellogg noted the Ivy Place application would have French drains and some infiltration basins, which is not exactly what the mayor described but would be similar to a septic system with rock and sand and an outlet pipe. Kellogg suggested the Council also consider requiring the porous concrete, which would also help absorb some of the runoff. McMillan noted they now have slightly over 140 people on the organics recycling program, which is split between two haulers. Bremer stated some residents expressed a concern with the responsiveness of the Long Lake Fire Department to the recent fire at Good Shepherd Church and that the Mound Fire Department responded first and were completed with the call before the Long Lake Fire Department was able to get there. White commented it is not unusual for a volunteer fire department to have a longer response time than a fully staffed fire department. White stated it is possible that the Mound Fire Department had been out on a previous call, which allowed them to respond quicker. PAGE 12 of 18 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 • 7:00;' 'clock p.m. • • (MAYOR/COUNCIL REPORT, Continued) Murphy stated he will find out the details of that3 incident. McMillan requested that the Council be Murphy stated he was asked a couple of times wt that he did not receive an e-mail regarding it. McMillan stated Rachel Dodge had sent out an e- had not been sent out. CITY ENGINEER'S REPORT with the results of that review. he was not present at the waffle breakfast and noted about six weeks prior but that a follow -up e-mail Kellogg stated he will have an update on the state aid situation at the work session tomorrow. The school district is interested in possibly utilizing the city water sewer system for a heat pump system and that he is currently working with their engineer and providing information. The school is evaluating the information to decide whether it is worth Dursuin2. Murphy stated he received a message from the Kellogg stated it depends on whether there is warrant a closer look. White noted the mayor of Spring Park has David Rahn would also not be pursuing re CITY ADMINISTRATOR'S REPORT *8. APPOINTMENT OF 2008 Murphy moved, McMillan seconded, to ads Election Judges for the General Election to *9. REQUEST FOR PAYMENT NO.3 WATER MAIN IMPROVEMENTS school board president on that topic. flow through the system and that it would not to pursue another term and that Council Member ELECTION JUDGES — RESOLUTION NO. 5774 RESOLUTION NO. 5774, a Resolution Appointing held November 4, 2008. VOTE: Ayes 5, Nays 0. FINAL — TH 12 /OLD CRYSTAL BAY ROAD Murphy moved, McMillan seconded, to approve Request for Payment No. 3 and Final in the amount of $29,185.00 for the TH12 /Old Crystal Bay Road water main improvements to Widmer Construction, LLC. VOTE: Ayes 5, Nays 0. ;1 CITY ATTORNEY'S REPORT Mattick noted he did review the contract submitted by the Gillespie Center and that he would agree that a city should not contribute to an endowment fund. Mattick stated he is in agreement that the services PAGE 13 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. (CITYATTORNEY'SREPORT, Continued) the City would be receiving should be spelled out and that one option is to allocate the funding on a year -to -year basis following a review of the City's budget. White stated typically partnerships are equal and that this is not an equal partnership. Murphy recommended that the agreement be reviewed closely by the city attorney. 10. LICENSES & PERMITS McMillan noted these are all after - the -fact permits and that the Parade of Homes actually started on September 6t'. McMillan stated in the past they have granted after - the -fact permits and that the contractors are well aware of when the Parade of Homes is and that the contractors should perhaps sign a waiver stating if the permit is not applied by such and such a date, that the permit would be not approved. White noted the city has recently approved an ordinance regarding surveys, which will help the City_ ensure that what the contractor is doing has been approved. Rahn stated this is more of a procedural thing and that the question is whether Staff should issue these. Rahn stated Staff has approved these in the past and that there might simply be a disconnect between the • city's ordinance and what procedure should be followed. Rahn concurred that the public should have an opportunity to comment on the license prior to it being issued. Gaffron stated language regarding the Parade of Homes permit was incorporated in the forms approximately a year ago. Gaffron noted this particular contractor stated he would not be putting it on the Parade of Homes. McMillan stated the contractors should honor the 60- day time limit. McMillan noted the homes are advertised in the materials distributed for the Parade of Homes and that the contractors are aware that the home, will be included in the parade well in advance of the actual parade happening. Gaffron stated they do not have any control over the builders association and which houses will be on the parade and when the material comes out. Whenever Staff notices that Orono homes are included in the Parade of Homes materials that have not received a permit, the City contacts the builder and notifies them that a permit is necessary. Gaffron noted the entire staff discussed the issue and decided that it was more sensible to have some control over the situation and issue the permit rather than have the neighborhood overrun by cars. White stated the City could add a charge for the Parade of Homes that could be forfeited if the permit is not obtained within the time limit or a double permit fee could be charged. Bremer noted open houses are allowed and they are not required to obtain a permit. McMillan noted the Parade of Homes goes on for six weeks and are advertised throughout the entire metro area. • PAGE 14 of 18 ORONO CITY Monday, 5 • - -- _ _ _ 7:00 (10. LICENSES & PERMITS, Continued) Rahn stated as it relates to issuing a permit adn to the council asking for their input prior to the Bremer noted that would still not allow for Rahn stated he would have opposed issuing a direction and requests. Bremer noted there are certain sections of the could provide helpful input on but that there s for this type of situation. Rahn stated he would have suggested that the Bremer noted there was a house on Frederick obtain their permit in time. Murphy asked whether staff did anything Mattick stated the City's procedure was not folly . contemplated. Mattick stated Gaffron succinctl, Staff prior to issuing the permit. Murphy noted this was not solely an arbitrary de had recommended previously that the Council c to have an event that requires extra city services Murphy suggested the City Council consider pa the Builders Association that says if the Parade certain requirements or a disclaimer would be is ES OF THE OUNCIL MEETING Member 22, 2008 clock p.m. ely, there should have been an e-mail, sent out of the permits. input. to a builder who has not complied with the City's that the council members are more familiar, with and i be an established procedure that is strictly followed be provided notice of it. missed a week of the Parade because they did not issuing the permit. ved and was not exactly what the ordinance explained the situation and that it was weighed by vision by Ron Olson. Murphy noted the City Mayor nsider passing a resolution that says if any one is going that person be charged extra money for the permit. Sing that type of resolution and also provide notice to f Homes is to be done in Orono, they have to meet ued by the City. Rahn commented in his experience the builders are aware of the requirements. McMillan stated the City could request that the ] will be in the Parade of Homes prior to their adN also obtaining telephone numbers for the variou problems with the Parade of Homes. McMillan issued the permits but that the residents were un recommended the planning department look at t: guidelines that could be implemented and incorl White suggested also asking other communities uilders Association notify the City of any homes that .rtising material being distributed. McMillan suggested contractors that can be called in the event there are ommented she understands why Staff went ahead and ble to comment on the permit application. McMillan e situation and come up with some suggested )rated into the planning application process. input on how they handle the situation. Murphy reiterated that in his view the City should be in contact with the Builders Association. Deanne Altenhofen, 1342 Rest Point Road, stated they are not against the Parade of Homes but that • there is a significant number of cars that enter the neighborhood viewing the homes and that there needs to be a definite process that should be followed. Altenhofen stated Rest Point Road is an extremely PAGE 15 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. • (10. LICENSES & PERMITS, Continued) narrow road and that it causes the cars to turn around in everyone's driveway and creates a safety hazard, particularly in light of the children that live in the neighborhood. Altenhofen stated it is extremely difficult to traverse their road even without the additional traffic and that the shuttle should be reconsidered and perhaps restricted to certain times of the day. In addition, the numerous signs that have been erected are also causing some confusion, which should be addressed now, and that new signs should be erected clearly explaining the process that should be followed. Murphy asked if it is a one -way in and one -way out. Altenhofen stated it is not a one -way but just an extremely narrow street. Murphy asked if there is only one Parade of Homes residence in that neighborhood. Altenhofen stated there is. Murphy stated if the council was to say no, the City would have to barricade the street somehow and clearly denote that there is no traffic allowed in for the Parade of Homes except via the'shuttle. McMillan stated a person should be hired by the builder to restrict cars from entering the neighborhood. Murphy noted the builder has not been very cooperative with the City up to this point. White stated the cost is the disruption to the neighborhood and that it is very difficult to traverse on the road. The road is basically a one -way street and that two cars cannot pass one another. McMillan stated given the narrowness of the road, she is unsure whether the Council would have approved the application. Murphy noted Staff did have a long discussion regarding this and that it was felt granting the permit would give the City some control over the situation. Murphy asked what controls the City would have if it rescinded the permit. Mattick stated he does not have the ordinance in front of him but that the City could require someone to monitor the traffic. If the council decides to not approve the permit, it then would need to be treated as a revocation because the City has administratively approved the permit and they have been operating under that permit. Typically a permit is revoked if it has been violated in some respects. From an enforcement standpoint, the City would need to be prepared to police the area, which may create some additional problems. Mattick stated the City could add some conditions to the permit, and if the conditions are not followed, the permit would be revoked. Dennis Walsh, 1354 Rest Point Road, stated having a person monitoring traffic would be very helpful but that the biggest issue is the governance issue and that the city should follow its procedures so it is clear to everyone. Walsh concurred there are a number of small children in the neighborhood and a person monitoring the traffic would be extremely helpful. Rahn asked what the person would exactly do. PAGE 16 of 18 • D • i i MINTITES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. (10. LICENSES & -PERMITS, Continued) McMillan stated the person would ask whether would be directed away. Gaffron asked whether notice was given to the Homes. Walsh indicated he did receive that. Gaffron asked whether it would be possible to Welsh stated there is a small entrance where Turner suggested an off -duty police officer be reside in that area, and if they are not residents, they that the home would be on the Parade of traffic somewhere other than on the county road. could stop the cars. Bremer suggested the Builders Association be contacted and asked what their procedure is. i Walsh stated it really comes down to the responsibility of the builder. SPECIAL EVENT • 1. Applicant: ZB Companies, Arnold Zachman Event: 2008 Fall Parade of Homes Location: Stonebay — 2670 Kelley Parkway, Condo #114 Date: September 6 — October 5, 2008 Time: Thursdays & Fridays, 3:00 p.mL 7:00 p.m.; Saturdays and Sundays, Noon -6:00 p.m. 2. Applicant: ZB Companies, Arnold Zachman Event: 2008 Fall Parade of Homes Location: Stonebay — 767 Boulder Drive Date: September 6 — October 5, 2008 Time: Thursdays & Fridays, 3:00 p.m. — 7:00 p.m.; Saturdays and Sundays, Noon -6:00 p.m. 3. Applicant: ZB Companies, Arnold Zachman Event: 2008 Fall Parade of Homes Location: 1348 Rest Point Circle Date: September 6 — October 5, 2008 Time: Thursdays & Fridays, 3:00 p.m.I— 7:00 p.m.; Saturdays and Sundays, Noon -6:00 p.m. Bremer moved, Rahn seconded, to approve the above listed licenses, with no restrictions being imposed on license applications one and two, and to place a restriction on license application number three requiring that a person monitor the traffic in and out of the Rest Point Circle • neighborhood, only allow cars in that belong to Rest Point Circle residents, and to erect signage outlining the procedure that should be followed. VOTE: Ayes 5, Nays 0. PAGE 17 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2008 7:00 o'clock p.m. *11. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting at 9:33 p.m. VOTE: Ayes 5, Nays 0. ATTEST: 0 �tJ Lin a S. Vee, City Clerk >JaesM. White, Mayor • PAGE 18 of 18