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HomeMy WebLinkAbout10-08-2007 Council Minutes�A U 141 1� MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 • ROLL .'I The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members Lili McMillan, Jim Murphy, and David Rahn; City Attorney Soren Mattick; Representing Staff were City Administrator Ron Moorse, Assistant City Administrator for Long -Term Strategy Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis; City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:00 o'clock p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 10 through 16 were added to the Murphy moved, McMillan seconded, to Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING Murphy moved, McMillan seconded, to ap September 24, 2007, as submitted. VOTE: Agenda. the Consent Agenda as amended. VOTE: i F SEPTEMBER 24, 2007 the minutes of the Orono City Council meeting of 4, Nays 0. • PLANNING COMMISSION COMMENTS —4AYE ANNE ZULLO, REPRESENTATIVE Zullo stated she had nothing to report but would be available for questions. i PUBLIC COMMENTS None • ZONING ADMINISTRATOR'S REPORT *3. #05 -3083a COMPREHENSIVE PLAN AMENDMENT #4,25 BROWN ROAD SOUTH MUSA - FINAL ADOPTION — RESOLUTION NO. 5672 Murphy moved, McMillan seconded, to adopt. RESOLUTION NO. 5672, a Resolution Approving PP g Amendment #4 of the 2000 -2020 City of Orono Community Management Plan. VOTE: Ayes 4, Nays 0. *4. #05 -3083b COMPREHENSIVE NEIGHBORHOOD MUSA — FINAL Al Murphy moved, McMillan seconded, to Amendment #5 of the 2000 -2020 City of Nays 0. AMENDMENT #5, MYRTLEWOOD )N — RESOLUTION NO. 5673 RESOLUTION NO. 5673, a Resolution Approving Community Management Plan. VOTE: Ayes 4, PAGE 1 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 *5. #05 -3152 JAMES D. MACIONNON, 3500 WATERTOWN ROAD — REQUEST FOR SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5674 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5674, a Resolution Granting a Second One -Year Extension to the Effective Period of Preliminary Plat Approval Established Per Resolution No. 5421. VOTE: Ayes 4, Nays 0. 6. #07 -3298 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST — FINAL PLAT/RPUD, REZONING /COMPREHENSIVE PLAN AMENDMENT — RESOLUTION NOS. 5675 and 5676 AND ORDINANCE NO. 39, THIRD SERIES Steve Johnston, John Terrance Homes, and Dave Carlson, WBW, LLC, were present. Gaffron stated the applicants are requesting final approval of a PUD General Development Plan and Final Plat approval, RPUD rezoning, and a comprehensive plan amendment. The applicants have completed the majority of the items outlined in the Planner's Report, with only a few administrative items remaining outstanding. The issue of approval by Wayzata for the sewer and water plans has been resolved and the applicants are awaiting the agreement between the two cities to be finalized that will approve the applicants' physical plan, which is not necessary to have in hand prior to approval by the Orono City Council. The City has received the escrow agreement and escrow deposit and a letter from the bank indicating that they would be providing the letter of credit. Gaffron stated he is satisfied that the documents are in final form and the applicant would be signing • those in the near future. Gaffron recommended the plat and final documents not be released for filing until all of the administrative items are completed. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5676, a Resolution Granting General Development Plan Approval for Planned Unit Development No. 6 for Orono Villas, LLC, and Approving the Plat of Orono Villas — File No. 07 -3298. VOTE: Ayes 4, Nays 0. McMillan moved, Murphy seconded, to adopt ORDINANCE NO. 39, THIRD SERIES an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Certain Properties from RR -1B, Single Family Rural Residential District, to RPUD, Residential Planned Unit Development District, and Adding Section 78 -1012 Regarding Planned Unit Development No. 6. — File No. 06- 3225/07 -3298. VOTE: Ayes 4, Nays 0. Rahn moved, White seconded, to adopt RESOLUTION NO. 5675, a Resolution Approving Amendment #3 of the 2000 -2020 City of Orono Community Management Plan. VOTE: Ayes 4, Nays 0. Murphy moved, Rahn seconded, to authorize Mayor James White and City Clerk Linda Vee to execute PUD -6 Agreement. VOTE: Ayes 4, Nays 0. *7. #07 -3313 T HEODORE E. AND BETTY L. ZIEMAN, 3045 SUSSEZ ROAD — SUBDIVISION — RESOLUTION NO. 5677 Murphy moved, McMillan seconded, to adopt RESOLUTION N0.5677, a Resolution Granting • Preliminary Approval of a Class 11 Subdivision for Property Located at 3045 Sussex Road. VOTE: Ayes 4, Nays 0. PAGE 2 of 10 A • 9 r MINUTES OF THE ORONO CITY' :COUNCIL MEETING Monday,! October 8, 2007 8. #07 -3315 DONNA AND MICHAEL 1220 TONKAWA ROAD — VARIANCE Mike Sharratt, Architect, and Mike Ebertz, Applicant, were present. Curtis stated the applicants are proposing to ca The applicants' lot is quite unique in that it has classification wetland impacting the buildable most of the zoning requirements. The initial pi into the 75 -foot setback. Based on the Planning Commission's recomme the entire home and all new hardcover will be i overhang. The applicants are requesting a vari� foot zone. An existing boulder retaining wall s to Staff. The applicants would like to allow an five feet from the OHWL. struct a new 4,400 square foot home on their property. considerable amount of lakeshore and "preserve" -ea. The applicants have proposed a home which meets iposal included a portion of the home which extended ttion, the applicants have revised their plans so that do the 75 -250 foot zone with the exception of an to allow 50.8 percent hardcover within the 75 -250 -m will remain in the 0 -75 foot zone and is acceptable square foot shed to remain within the 0 -75 foot zone, The overhang on the south side of the home around the office portion of the home will extend approximately six feet into the 75 -foot setback. The applicants have not proposed hardcover under this overhang as it is primarily to shade the office area from the southern exposure. The overhang is approximately 10 feet above grade. The Planning Commission generally felt that this overhang encroachment into the setback was not an issue.! A 1.5 foot overhang is permitted to encroach into a setback area and up to a two foot overhang does pot impact hardcover. The entire six foot overhang would be considered hardcover by the City's policy standard and code. As part of the grading plan, the applicant is prop requested additional details on the rain garden fc a letter indicating they would supply the details is fine with that procedure. I On September 17, 2007, the Planning Commi requested. The dissenting Commissioner felt in order to reduce the level of hardcover prop Staff recommends approval of the level of 75• plans. Staff would, however, recommend the all overhangs meet the code requirements. White stated he is pleased to see that the apl Commission's recommendation and that the Sharratt stated the overhang is designed to a view of the lake. Murphy stated the overhang in his view is an al Murphy inquired what the plan is for capturing Sharratt stated they have proposed a rain garden willing to submit an overall landscape plan to St Murphy inquired whether there would be gutters sing to construct a rain garden. The City Engineer has review and approval. The applicants have submitted part of the building permit application process. Staff on voted 3 -1 to recommend approval of the variance as it the footprint of the proposed home could be reduced 'I- foot hardcover variance requested per the revised )val of the shed within the 0 -75 foot setback and that t has revised his plans based upon the Planning outstanding issue is the overhang. the room from the southern exposure and still provide five amenity to the house given the rest of the layout. runoff off of the roof. help capture the runoff and that they would be for their review. downspouts installed. PAGE 3 of 10 t. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 (8. #07 -3315 DONNA AND MICHAEL EBERTZ,1220 TONKAWA ROAD, Continued) • Sharratt indicated there would be gutters and downspouts on both the upper and lower rooflines. McMillan inquired what the width of the -other overhangs are. Sharratt indicated they are at two feet. Rahn stated in his opinion the increase in hardcover from approximately 30 percent to 50 percent is a large increase. Curtis noted approximately one -half of the existing house is located in the 0 -75 foot zone. Sharratt stated originally they proposed to have a one -story porch in the existing footprint area, which was later eliminated when the house was brought all the way into the 75 -250 foot zone. Sharratt stated this is a unique situation and that if there was another home located next to this house, this lot would be within its hardcover limits. Sharratt noted the structural coverage is proposed at 9.4 percent and that the higher amount of hardcover seems reasonable given the unique circumstances. Rahn noted the size of the house has increased from what currently exists. Sharratt pointed out this is a one acre lot in Orono and that it is not large in comparison to a number of other homes in the area. McMillan inquired whether there are other benefits that would be gained from having the larger • overhang. Sharratt stated if a gutter is not installed on the upper roofline, the water would come down and splash against the windows. Sharratt commented the office would be used a great deal and that the larger overhang would allow them to preserve the view of the lake and help block the sun. White stated another issue is the shed, which Staff has recommended be removed. Sharratt noted that the shed and retaining wall is the only hardcover remaining in the 0 -75 foot zone. Ebertz stated he would be willing to remove the shed if necessary and that the shed is utilized for storage of his lawnmower and other lawn, equipment. Ebertz stated there is limited storage in the garage. Murphy stated he personally would like to see the shed either removed or relocated. White concurred that the shed should be removed from the 0 -75 foot zone. Ebertz inquired whether they could retain the shed until the house is completed. Curtis noted the City does have an agreement they could require the applicant to sign that the City has the right to demolish the shed if the structure is not removed following construction. Murphy moved, White seconded, Application #07 -3315, Donna and Michael Ebertz 1220 • Tonkawa Road, to direct Staff to draft an approval resolution, granting of a variance for the six- PAGE 4 of 10 4 4 • is • AU.N t ES OF THE ORONO CITY] COUNCIL MEETING Monday, October 8, 2007 (8. #07 -3315 DONNA AND MICHAEL foot overhang, subject to the condition that tl gutters and downspouts on both the upper an Curtis noted the survey would need to be the shed and the retaining wall. VOTE: Ayes 4, Nays 0. 9. #07 -3316 MARK ASHTON WITH JC MITCH COOK OF CENTRAL BANK AND INVESTMENTS — STONEBAY OUTLOT A GENERAL CONCEPT PLAN APPROVAL 1 Todd Mohagen, Architect; Mitch Cook with present. Mohagen stated the bank building is proposed being located to the east. A two -story office t road to the north is slightly higher than the site walkway along the east side of the site and aloe berming around the parking lot as well as vege existing row of trees to the north of the site, wi the site. Mohagen stated Central Bank is a commercial t traffic through the drive - through. Their consult minutes through the drive- through during peak brick and glass, with a central tower. The bank the rest of the space on the first level being leas constructed with materials similar to the first bu other. TZ,1220 TONKAWA ROAD, Continued) shed be removed and subject to the installation of lower rooflines. to reflect the correct amount of square footage for IN TERRANCE HOMES, LLC, ON BEHALF OF ARRY PALM OF LGL REAL ESTATE PRELIMINARY PLAT APPROVAL AND Bank, and Larry Palm with LGL Real Estate, were r the north part of the site, with Otten Brothers Nursery lding is proposed for the western part of the site. The id slopes towards Highway 12. There will be a Highway 12. The landscape plan incorporates I along Highway 12 and Willow. There is an some additional trees being proposed to be added to k and would not generate a substantial amount of s projections show approximately one car every ten yes. The exterior of the bank would consist of red >uld occupy a portion of space on the first floor, with space. The second building on the site would be ing and the two buildings would compliment each White inquired whether Staff had any concerns r Igarding runoff on the site. Curtis stated Staff did meet today with the appli Watershed District to discuss the issue of the pr, by the Minnehaha Watershed District to incorpc improve the quality of the storm water leaving t west. Some options that were discussed were ir. parking stalls, the construction of a rain garden, Watershed District and the applicants to resolve McMillan inquired whether the City has any pro Curtis stated the runoff from this site would be inclusion of the rain gardens. Curtis noted the to improve the water quality of the runoff. Murphy inquired whether the culvert was P ants and representatives from the Minnehaha Creek posed rain garden. The applicants are being required ate Best Management Practice into their site in order to e site and entering into the regional pond located to the ,orporating some porous concrete into a portion of the ipd sod depression. Staff is willing to work with the he concerns of the Watershed - District. with drainage to the south of Highway 12. with the regional storm water pond without the idations of the Watershed District are intended by Morries. 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 (9. #07 -3316 MARS ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF • MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE INVESTMENTS — STONEBAY OUTLOT A, Continued) Kellogg stated they did put together a preliminary design for the ditch but that there have been no improvements made downstream to his knowledge. Murphy recommended the City Engineer review that situation. McMillan commented there is a substantial amount of hardcover on the site and that the City needs to ensure that the runoff is handled adequately on the site. McMillan noted the ditch along Highway 12 may be eliminated if a trail is constructed. Murphy inquired what type of involvement John Terrance Homes would have in this project. Steve Johnston indicated John Terrance Homes would probably be the signer of the plat and they would sell two finished lots to the developers. Once the lots are sold, John Terrance Homes would be out of the project. Murphy inquired whether Landform would be involved in the project. Steve Johnston indicated Landform would be involved as the civil engineer on this project. Murphy noted the City has received a number of neighborhood complaints regarding the nearby properties and that he wanted to know who the parties are that are involved in this project. Murphy • inquired whether a bank would be allowed on this site. Mitch Cook, Central Bank, stated they did submit an application approximately 30 days ago and the notice period expires this Friday. They expect to receive approval for the bank next week and that they technically are relocating their headquarters to this site. Murphy inquired whether there are any tenants lined up at this time. Cook indicated they do not have anyone signed up at this time. Murphy stated the buildings are impressive but that the archway may appear to be too modern in relation to the other buildings in the area. Cook stated the building was modeled after one of their existing banks. Curtis noted the sidewalks have been widened from six to eight feet, with the other spaces being green space. Rahn inquired how green space could be gained if the sidewalks are widened to accommodate the parking lot. Mohagen stated the majority of the green space is around.the perimeter of the site. McMillan inquired whether Staff feels the drive- through is adequate. • PAGE 6 of 10 i • • 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,, October 8, 2007 (9. #07 -3316 MARK ASHTONWITHJC MITCH COOK OF CENTRAL BANK AND 1 INVESTMENTS — STONEBAY OUTLOT A, Curtis stated the City's engineers have revie, stacking anticipated based on the applicants' TERRANCE HOMES, LL C, ON BEHALF OF tYPALM OFLGL REAL ESTATE the plans and they were satisfied with the amount of Kellogg stated they did have a concern that the drive- through would not be adequate if this was a different type of bank or other retail use and that have taken the applicants' word on the amount of traffic through the drive- through. j White commented this appears to be probably the buildings are distinctive and impressive. Rahn inquired whether the applicants are okay marshal. Mohagen stated they are. best plan that he has seen for this site to date and that the comments of the city engineer and the fire Murphy moved, McMillan seconded, Application #07 -3316, Mark Ashton with John Terrance Homes, LLC, to direct Staff to prepare a Preliminary Plat Resolution and Resolution Granting General Concept Plan approval for adoption at the October 22 °d Council meeting. VOTE: Ayes 4, Nays 0. i1 *10. #07 -3318 ANDERS HOLM ON BEH ROAD — VARIANCE — RESOLUTION NO. Murphy moved, McMillan seconded, to ad Variance for the Property Located at 2185 MAYOR/COUNCIL REPORT Murphy stated there will be a meeting with 1 like Mn/DOT to relocate the line of takeover OF STEPHEN H. OTTO, 2185 WATERTOWN RESOLUTION NO. 5678, a Resolution Granting a ttertown Road. VOTE: Ayes'4, Nays 0. SOT concerning the roundabout and that they would in behind the intersection to the county, which in the City's opinion will help facilitate the construction of the roundabout. Murphy noted Mn/DOT has not responded on whether there will be any stacking on the ramps during rush hour. White stated he did view the roundabout that hasbeen constructed near Cottage Grove and that the roundabout is a great concept in certain situations. McMillan commented the citizen's policel academy is going well and that they learned about traffic stops at the last session. ;l White commented the City's policies should be emergency and that the City should ensure they catastrophe. on what would occur in the event of a major the appropriate amount of insurance to cover a • White noted Tess Rice was named by the Finance Commerce Magazine as one of the top women in Minnesota involved in finance. PAGE-7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 (MAYOR/COUNCIL REPORT, Continued) _ • Rahn commented he is glad to see that the vacancies on the Planning Commission have been filled. CITY ENGINEER'S REPORT Kellogg noted they are working with the City Administrator to resolve some issues with the City's MSA funding. Moorse indicated that item is on the council's workshop agenda. McMillan inquired whether the Ferndale Bridge is open Kellogg stated the bridge is open to traffic and that there are some minor punch list items that are still outstanding. McMillan commented there appears to be an issue with the ornamental railing. Kellogg indicated he would take a drive through that area. Murphy stated the railing on the Fox Street Bridge could use a coat of paint. CITY ADMINISTRATOR'S REPORT *11. REQUEST FOR PAYMENT NO.4 —FOX STREET AND FERNDALE ROAD BRIDGE • REPLACEMENTS Murphy moved, McMillan seconded, to approve Request for Payment No. 4 for the Ferndale Road and Fox Street Bridge Replacements project to Redstone Construction Company, Inc., in the amount of $237,609.25. VOTE: Ayes 4, Nays 0. *12. VOLUNTEER COMMISSION APPOINTMENTS TO PLANNING COMMISSION Murphy moved, McMillan seconded, to appoint Jon Schwingler to fill the vacant position on the Planning Commission, with a term expiring on March 31, 2009. VOTE: Ayes 4, Nays 0. Murphy moved, McMillan seconded, to appoint Loren Schoenzeit as an alternate member of the Planning Commission. VOTE: Ayes 4, Nays 0. *13. VOLUNTEER COMMISSION APPOINTMENT TO LAKE MINNETONKA- COMMUNICATIONS COMMISSION Murphy moved, McMillan seconded, to appoint Bill Wyatt as an alternate representative on the LMCC for a term of one year. VOTE: Ayes 4, Nays 0. *14. AMENDMENTS TO PAY SCHEDULE TO REFLECT NEW POSITIONS — RESOLUTION NO. 5679 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5679, a Resolution Approving • Amendments to the Supervisory /Administrative Salary Schedule and to the Administrative Support/Technical/Public Works Pay Schedule. VOTE: Ayes 4, Nays 0. PAGE 8 of 10 is • • MINUTES OF THE ORONO CITY !COUNCIL MEETING Monday,! October 8, 2007 *15. APPOINTMENT OF PLANNING ASSISTANT Murphy moved, McMillan seconded, to appoint Chris Mattson to the position of Planning Assistant effective October 8, 2007, and to adjust her pay level to Step 1 of Level 6 of the Administrative Support/Technical/Public Works pay schedule, which is a pay rate of $19.14 per hour. VOTE: Ayes 4, Nays 0. *16. REFUND TO 2500 SHADYWOOD ROAD FOR SEWER OVERPAYMENT Murphy moved, McMillan seconded, to approve an adjustment of $6,649.20 for the sewer service at 2500 Shadywood Road with $4,516.52 applied to the current bill and the balance of $2,132.68 refunded to the customer. VOTE: Ayes 4, Nays 0. 17. SPRINT ANTENNA LEASE Murphy noted the City Council has had long di antennae and the appearance of them. Murphy understanding the antennae were to be kept sor Moorse stated the antennae belong to Nextel Murphy stated in his view it would not be water tower. ns in the past concerning the height of cellular d who the antennae belong to, and that it was his hidden and out of view. erizon. appealing to add even more antennae on the City's Rahn stated he would prefer to see the antennae on the water tower rather than on other types of towers. Murphy asked whether three of the antennae Moorse stated he is not totally familiar -with the the reception. Rahn stated he would like to see a before and Moorse stated the City does have a schematic Tuesday. McMillan moved, Rahn seconded, to table the Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick stated he had nothing to Murphy stated the Sun- Sailor has reported that T AAA Animal Humane Society by the Wayzata ( City Council had requested a background report substantial number of grievances against Mr. He license. Murphy noted he did drive by the prope increased. be on the lower part of the tower. gy, but that the higher the antenna, the better depiction of the antennae. that he could bring it to the Council's work session on lease agreement with Sprint. VOTE: Hollander was refused a peddler's license for an Council and that as part of the refusal, the Wayzata Mr. Hollander. The background check revealed a ider, which was part of the basis for the denial of the recently and that the number of vehicles has PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 (CITYATTORNEY'S REPORT, Continued) Mattick stated one of the issues is the quality of the fence erected on the property and that in the City's estimation the fence is not in good repair. Mattick indicated he was under the understanding the vans had been moved off the property. Mattick noted according to the court order, Mr. Hollander is not allowed to live on the property. Murphy suggested a neighborhood meeting be held with Mr. Hollander's neighbors to let them know what steps the City is able to take and what steps they have taken to address this situation. *18. LICENSES & PERMITS There were no licenses or permits. *19. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. 1 • TROD 1_ \M Murphy moved, McMillan seconded, to adjourn the meeting at 8:25 p.m. VOTE: Ayes 4, Nays 0. There being no further business to discuss, the meeting was adjourned. ATTEST: 9,n4e.e"'t �11 Linda S. Vee, City Clerk 6 J )esfZ—.V1—AfitWe, Mayor PAGE 10 of 10 L' • 3'