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HomeMy WebLinkAbout02-14-2005 Council Minutes. I (,D3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 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 Murphy, Lili McMillan, and Jim White; 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 Jackie Young. 'I Council Member Sansevere arrived at 7:08 p.m. Mayor Peterson called the meeting to order at 7:02 CONSENT AGENDA 1. APPROVE /AMEND Items #9 through 18 were added to the Consent Murphy moved, White seconded, to approve VOTE: Ayes 4, Nays 0. PUBLIC HEARING — 7:00 P.M. 2. ANNUAL PUBLIC HEARING FOR PREVENTION PLAN followed by the Pledge of Allegiance. Consent Agenda as amended. STORM WATER POLLUTION Gappa addressed the City Council regarding the City's application for a National Pollution Discharge Elimination System Storm Water permit. One of the requirements of this permit is that the City must hold an annual meeting to obtain public comments, on this permit and the activities associated with this permit. Under the permit, the City is required to address public education and outreach, public involvement and participation, illicit discharge and detection, construction site runoff control, post construction runoff control, and pollution prevention and housekeeping. Gappa noted the City is in substantial compliance ;Lth the permit and that the City has been taking steps to educate the general public concerning the City's philosophy on protecting the lake and storm water control. Gappa noted the City conducted 550 inspections of existing septic systems this past year to ensure satisfactory operation of septic systems and to reduce illicit discharges as well as annual inspections and service on 45 lift stations. I Mayor Peterson inquired whether there were any public comments regarding this program. There were no public comments. !� Mayor Peterson closed the public hearing at 7:07 p.m. 'AGE 1 i�I 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (Annual Public Hearing for NPDES, Continued) White noted the City of Orono has taken great strides in implementing this plan and that the storm water situation will be improved in the years to come. Gappa noted the project on Casco Point is one example of how the water runoff was diverted away from the lake. There was no formal action taken on this matter. APPROVAL OF MINUTES *3 REGULAR COUNCIL MEETING OF JANUARY 24, 2005 Murphy moved, White seconded, to approve the minutes of the January 24, 2005 City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — IRENE SILBER AND MIKE RUDDY, REPRESENTATIVES Silber stated the Park Commission would like to make the Council aware of their support for the possible • purchase of the 53 acre Veterans Camp on Big Island. Mike Huddy read a letter from Dick Osgood, Executive Director of the Lake Minnetonka Association, regarding his support for the acquisition of the Big Island Veterans Camp. Silber read the resolution adopted by the Orono Park Commission supporting the acquisition of the Big Island Veterans Camp by the City of Orono. Silber noted the Orono Park Commission adopted this resolution at their regular meeting held on February 7, 2005. Murphy indicated he is appreciative of the efforts of both the Park Commission and the Lake Minnetonka Association in supporting this acquisition. Murphy commented this is a unique situation and a unique piece of land and that Orono's interest in preserving this parkland is for the benefit of all people and not just the residents of Orono. Murphy noted a draft purchase agreement was sent to the veterans for their review. PLANNING COMMISSION COMMENTS — J. MARC FRITZLER, REPRESENTATIVE Fritzler stated he would be available for questions during tonight's meeting. PUBLIC COMMENTS None PAGE 2 • n U s I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'I lock p.m. ZONING ADMINISTRATOR'S REPORT 4. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD — VARIANCES Eric Vogstrom, Applicant, was present. Curtis addressed the City Council regarding the Vogstrom application, noting that conceptual approval was given at the January City Council meeting based on reductions to the proposed building footprint and hardcover levels. The conceptual approval revision consists of a 1,499 square foot building footprint and associated hardcover totaling 31.7 percent for the 75' -250' zone. A revised vegetation restoration plan has also been reviewed by the Planning Staff, the City Engineer, and the adjoining property owner. Further revisions based on the comments of the various reviewing parties have been incorporated into the version of the vegetation restoration plan that will be enforced by the agreement contained in Exhibit E. Staff has received a copy of the private agreement between the applicant and the neighboring property owners that resolves the illegal tree removal issue b� y the applicant on the neighbor's property. (Council Member San"severe leaves the meeting) Murphy inquired about Item 4 -c on page two and exactly what agreement has been reached with the adjacent property owner. Vogstrom indicated his neighbor requested $9,000 for the removed trees, which has been conveyed. Jeff Essen, 2648 Casco Point Road, indicated an agreement has been signed, with the inclusion of downspouts and gutters along with the financial settlement. Murphy inquired whether both parties feel the agreement has been fulfilled. Vogstrom noted the agreement was fulfilled approximately one month ago. Essen stated he had the understanding that no further trees would be removed from his property but that within the past week it was necessary to request a tree removal contractor to stop work on his property. Vogstrom stated it is crystal clear that he is not to remove any other trees from the Essen property and that the tree removal contractor was merely removing a five to six foot stump of a tree that had previously been cut down. Vogstrom stated it was intended to be a kind gesture on his part. Murphy stated he would not be in support of the approval resolution due to the proposed footprint. White indicated he would like further clarification'on the vegetation restoration plan and agreement with the City. Gaffron briefly outlined the proposed vegetation restoration plan, noting that the Planning Staff and the City Engineer have reviewed the plan and feel it is acceptable. PAGE 3 �I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #04 -3052 Eric Vogstrom, Continued) White encouraged the applicant to follow through with the agreements he has entered into to avoid further problems. White noted a fair number of large trees were removed and are now being replaced with significantly smaller trees. Vogstrom stated the majority of the trees that were removed were Elm trees and Cottonwood trees that were either diseased or dead and that he did not remove any perfectly good trees. White stated in his opinion no further vegetation should be removed on this property until a survey is completed to determine what exactly is on the site. Vogstrom stated a survey has been completed and that Staff has also visited the site. White noted that buckthorn is proposed to be removed from the site, and expressed concern that other trees and vegetation may be removed as well. Vogstrom noted that Gaffron and Curtis have visited the site and have taken numerous photographs of the area. Vogstrom stated the existing trees have been documented on a survey approximately three months ago. Gaffron stated permission has been given to remove the buckthorn. White noted the applicant has been told not to encroach upon the adjoining city lake access and suggested that the area be delineated very clearly prior to construction of the residence. Vogstrom stated he is in agreement with Council Member White and noted the neighbor to the north has a number of items located on the City's property. Curtis stated there are piles of wood, construction equipment, a tractor, and possibly rolls of carpet, along with other items. Curtis stated Staff would be notifying that property owner that the items need to be removed. McMillan concurred that this would be a good time to clearly delineate that area as City property. Vogstrom stated he is in agreement with marking that area. Murphy noted Item 6 on page 4 of the resolution requires a performance deposit, and inquired whether an amount has been determined. Gaffron stated the amount is $32,430, which is 150 percent of the City Engineer's estimated cost for implementing the vegetation restoration plan. PAGE 4 L-1 • • • 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #04 -3052 Eric Vogstrom, Continued) Murphy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30, 2008, to ensure that the vegetation will survive. Peterson stated she does have an issue with Item 6 in Exhibit E regarding an annual inspection by the City of Orono. Peterson indicated she would prefer to have a semi - annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspections. Gaffron stated once the trees reach six inches in diameter, the City typically no longer inspects them. Barrett recommended Paragraph 11 in Exhibit E bel amended to read that this agreement may be filed against the property, and applies to the Vogstroms, their heirs, and successors of the land. Barrett recommended adding Paragraph 12, which would state that the parties agree to disclose that the agreement is enforceable by injunctive relief through legal remedies that may be available, and that the signature section on Exhibit E be amended to include the Vogstroms, their heirs, or successors. Barrett indicated that language would notify future property owners that this agreement would be enforced against them. • Essen stated he has no objections to the variance for hardcover and that he is m support of a new residence being constructed on this lot. Essen stated approximately one foot off of his property line is located a 36 inch oak tree. Essen expressed concern that that oak tree would be killed if the house is constructed in the proposed location. Essen indicated he would be in support of moving the house five feet to the north, which would give the tree an additional five feet of root space and possibly enhance the life of that tree. Gaffron stated he did speak with the applicant on this issue and that the view from the street would not be negatively impacted if the residence were moved five feet to the north. Gaffron stated he is unsure what would happen to the access road in the future and that from a long -term standpoint he is unable to support relocating the house five feet further to the north and granting the variance. Vogstrom inquired whether Gaffron thought that the public access way is heavily wooded. Gaffron stated in his view the right -of -way is not heavily wooded towards the street but is more heavily wooded towards the lake. Vogstrom noted in order to provide public access to the lake, a large number of trees would need to be removed as well as filling in of wetlands. (Council Member Sansevere returns). Gaffron stated in his view a hardship does not exist to grant the variance. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. i ( #04 -3052 Eric Vogstrom, Continued) Barrett stated he is aware that the Council has granted variances in the past to protect trees on other properties. Murphy inquired whether there were any other options to protect the tree. Gaffron stated the City's history of granting variances is dismal and that in his view an extra five feet would not save that tree. Gaffron noted the Council in the past has indicated that variances should not be granted to save a tree. McMillan encouraged the applicant to continue to work with Staff and his neighbors to improve the situation. McMillan moved, White seconded, to adopt a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. Murphy inquired whether the vegetation restoration plan should be approved prior to the resolution since the Council had indicated it would not take action on the resolution until the restoration plan was approved. Peterson noted that is correct. McMillan withdrew her prior motion. McMillan moved, Murphy seconded, to approve the vegetation restoration plan for the property located at 2618 Casco Point Road, with the agreement being amended to require a performance deposit be retained by the City until June 30, 2008. Peterson inquired whether the applicant is agreeable to the date being extended for the performance deposit. Vogstrom stated that is fine. VOTE: Ayes 3, Nays 1, Peterson Opposed; Sansevere Abstained. Sansevere indicated he is abstaining from the vote since he was not part of the discussion at the previous Council meeting and also missed a portion of tonight's discussion concerning this application. McMillan moved, White seconded, to adopt a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. VOTE: Ayes 2, Nays 2, Peterson and Murphy Opposed; Sansevere Abstained. Barrett stated the motion fails and that Staff should be directed to prepare findings to support the denial. PAGE 6 I—] • • j MINiJTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. �I it ( #04 -3052 Eric Vogstrom, Continued) Peterson inquired whether Council Member Sansevere stated in his view since he was not invi the majority of tonight's discussion, that it would for him to vote on this issue at this time. would like the opportunity to vote on the motion. ved in the discussion at the last Council meeting and I f be fair to the applicant or to the rest of the Council Peterson inquired whether this application could be'reheard at the Council's next meeting in order to give Council Member Sansevere an opportunity to vote on any motion. i Barrett stated that is one option. Peterson moved, Murphy seconded, to table the Barrett recommended that the failed motion be made. Murphy moved, Peterson seconded, to reconsii for Application #04 -3052 at their next Council VOTE: Ayes 4, Nays 0; Sansevere Abstained. Peterson moved, Murphy seconded, to table Council meeting. VOTE: Ayes 5, Nays 0. 5. #05 -3072 ORONO SCHOOLS, 685 AND CONDITIONAL USE PERMIT John Osland, Neal Lawson, and Karen Orcutt, Curtis stated the Orono Public School District is re to replace the existing campus monument sign wit] 9' 2" tall x 11' wide monument sign with 56 squar electronic readerboard. The proposed sign is to be Old Crystal Bay Road and Highway 12 on school c The Planning Commission at their January 18, 200 approval of the sign ° size variance and conditional i stipulation that the proposed 1' x 8' panel to be use Commissioner Bremer voted against the motion st" use permit but would have supported the sponsor p and that a motion tabling the application be the motion adopting the approval resolution eting scheduled for February 28, 2005. #04 -3052, to the February 28, 2005 City CRYSTAL BAY ROAD NORTH — VARIANCE Schools, were present. uesting a variance and conditional use permit in order a new monument sign. The applicant is proposing a feet of sign face, including a 30 square foot static ocated at the northwest corner of the intersection of strict property. meeting voted 5 -1 on a motion to recommend e permit for a new monument sign with the as a "sponsor panel" not be permitted. Curtis noted ng that she supported the variance and conditional PAGE 7 it MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. • ( #05 -3072 Orono Schools, Continued) Staff recommends approval of the location and design of the proposed monument sign as it will replace the old and outdated existing sign and should result in a reduction or elimination of the temporary signs placed on this corner periodically. Curtis noted currently there are no standards within the City's zoning code to address institutional signs. The zoning code also does not address whether a sponsor panel is appropriate for signage serving an institutional use such as a school. Staff would suggest possibly eliminating corporate logos from the sponsor panel or perhaps limiting the style of letters to match those used overall on the monument to minimize the commercial feel of the sponsor panel. Sansevere indicated he was in attendance at the Planning Commission meeting when this item was discussed and does not have an issue with the sponsor panel. Sansevere suggested the school consider rotating the name of the sponsor periodically as a means of raising donations. Murphy commented he does not have an issue with the monument sign but that the Council should discuss the possible precedence of the sponsor panel. Neal Lawson thanked Staff for their help on this application. Lawson noted they are attempting to construct this sign without public funds, which is the reason for the sponsor panel. White noted the sponsor panel is the lowest panel on the monument sign. White indicated he likes the • design of the proposed sign. Peterson inquired whether the banners hanging on the fence next to the tennis courts would be removed if this new sign is constructed. Lawson indicated they are hopeful those would be removed. McMillan stated she likes the updated sign and location of the sign. McMillan noted Staff did suggest that the sponsor panel not have a corporate logo on it and that the same font be utilized. McMillan indicated she is in favor of those recommendations since it would help diminish the possibility that this sponsor panel be used as a billboard. McMillan inquired visually how the sponsor panel would look. Lawson stated they have not given much consideration at this point to what the sponsor panel would look like and that various sign companies are recommending this type of sign. Sansevere inquired whether information was able to be obtained on whether other schools have similar type signs. Lawson stated a number of these electronic signs have been constructed as part of the construction of a new school building and were covered under that bonding. Lawson indicated the schools with manual signs are in the process of changing to electronic signs and that they are including a sponsor panel. Lawson stated Hopkins, Eden Prairie, and Wayzata High School have lit electronic sponsor panels. • PAGE 8 • • • t .. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #05 -3072 Orono Schools, Continued) Murphy commented certain companies have strict restrictions on the sponsor panel may perhaps dim willing to be a sponsor. Murphy stated since the s that may allow the City to have some jurisdiction Curtis stated a permit would be required to change use permit the City could require a review. Murphy inquired whether a precedent would be set would then allow residential properties to sell a poi of their house. dards regarding the use of their logo and that the likelihood that those companies would be 1 district is applying for a conditional use permit, what appears on the sign. panel of the sign and that as part of the conditional allowing this sign in a residential district which 1 of their outside wall and erect signage on one side Gaffron noted the Council would be approving this'as an institutional use even though it is located in a residential area. Gaffron indicated he is unaware of any other monument sign within the City that has a sponsor panel and that it would be precedent setting, White noted use of the sign by the school is unique compared to other businesses. i Sansevere inquired whether possible language on tthl,le sponsor panel could include Coke supports the Spartans and whether the school district has given any consideration to exactly how the sponsor panel would be used. iI Lawson stated the concept they envisioned for the sponsor panel is just basically the name of the company or organization that helped finance the sign. Peterson inquired of Fritzler why the members of the Planning Commission voted against the sponsor panel. Fritzler stated the main concern of the Planning Commission was whether this would be used in the future as a means of commercial advertising and the feeling that an illuminated sponsor panel is not necessary. Fritzler stated the Planning Commission was in favor of a small plaque located on the side of the sign rather than the sponsor panel. McMillan stated in her view the sponsor panel should have the same color and appearance as the rest of the sign rather than a distinct separate color which would tend to draw someone's attention to it. Peterson inquired how high the sponsor panel is Lawson stated the sponsor panel would be planted around the sign. Moorse suggested language be included in the al review the sign since the City does not currently off the ground. two feet off the ground, with vegetation being it that would give the City the right to periodically standards for this type of sign. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #05 -3072 Orono Schools, Continued) Murphy inquired whether the City has the same purview on other signs located throughout the City. Murphy stated this might be a situation where the City should look at developing some standards. Lawson noted the school does currently have a sign at this location that has existed for a number of years. Gaffron stated the City does have standards for commercial signs and that the City does have the right to review the sign whenever there is a change made to it. Gaffron stated the Council does have the right to put certain restrictions on the approval and recommended that Staff be given the right to review the sign whenever the sign changes. Murphy inquired whether there is a disadvantage to the City's commercial sign standards being applied to this situation. Gaffron stated the school district would be able to erect a number of signs under the commercial sign ordinance but that they would be limited in size. Peterson inquired whether another sign could be erected by the school district along Highway 6. Gaffron stated they could. White moved, Murphy seconded, to direct Staff to draft a resolution reflecting approval of the monument sign as presented in Application #05 -3072, with the understanding the sponsor panel would remain. Peterson inquired whether there were any public comments regarding this application. There were no public comments. McMillan inquired whether the Council would like to impose any restrictions on the appearance of the sponsor panel. White commented it was his understanding Staff had the right to review the sign if there are changes to the sign. Gaffron stated Staff needs direction from the Council if they would like specific restrictions on the sign. McMillan indicated she would like consistent lettering and coloring for the sponsor panel to help lessen the possibility of the sponsor panel turning into an advertising billboard. Sansevere stated he would prefer to see language indicating that the sponsor supports the Spartans or supports Orono Schools rather than just the name of the organization or company. McMillan reiterated her request that the lettering and coloring remain consistent. PAGE 10 • • C, • • • i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #05 -3072 Orono Schools) Murphy commented it is not the Council's purview draft a resolution approving the monument sign wit not be constructed until the spring, which would gii determine exactly how the sponsor panel would loo Fritzler stated the Planning Commission was under used to denote the chief sponsor of the sign and thai monthly or other basis, which would tend to make t design signs and that the motion directs Staff to the sponsor panel. Murphy noted this sign would the school district time to work with Staff and also he impression that the sponsor panel would only be the sponsor panel would not be changed on a sign more commercial. Sansevere stated in his view there should be a plaque in addition to the sponsor panel. Sansevere stated in his opinion the school should have the opportunity to use the sponsor panel to help raise funds for various school projects. f White stated in his view the sign would not be I exercised good judgment in the past on what to Gaffron noted the motion is in favor of the sign as other conditions being imposed on the sponsor pai Murphy suggested the City be given the right of VOTE ON THE ABOVE MOTION: Ayes 5, N 6. #05 -3079 NICOLE AND PETER 'I Peter Thomas, Applicant, and Jim Meister, visible from Highway 12 and that the school has y on the existing sign. 0. with the sponsor panel remaining, and no ve review if changes are made to the sign. 1385 ORONO LANE — VARIANCE were present. Gundlach stated the applicants are requesting variances in order to construct a 8' x 11' landing/deck above the existing mechanical equipment on the lakeside on the home. The property is located at 1385 Orono Lane, with shoreline on two sides of the lot. Gundlach noted a hardcover variance is required to permit 10.79 percent hardcover within the 0 -75' lake setback zone when 0 percent is allowed and 10.79 percent currently exists. The applicants have proposed removal of 100 square feet of driveway within the 0 -75' zone to offset the proposed deck. Staff found the proposal reasonable as the applicant is not proposing to increase the total amount of hardcover within the 0 -75' setback zone and the hardships found under the 2001 hardcover variance remain unchanged. The Planning Commission had a tie vote of 3 -3 on a�motion to deny the request. The Commissioners who voted to deny the variances felt that approval of a trade of non - structural hardcover for structural PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #05 -3079 Nicole and Peter Thomas, Continued) hardcover would not be consistent with past hardcover variances. The Commissioners in favor of the request felt that because the deck would be wrought iron in order to support the AC mechanical equipment underneath, removal of the non - structural hardcover was a better end result in terms of storm water infiltration on the lot. Sansevere moved, Peterson seconded, to direct Staff to draft an approval resolution for Application #05- 3079,1385 Orono Lane. Moorse stated since the wrought iron deck would be considered structural coverage, he would recommend that the applicant be restricted from coming in the future and requesting that the landing be converted into a three- season porch. Thomas indicated they have no indication of converting the wrought iron deck into a three- season porch. Peterson inquired whether there was any public comment concerning this application. There were no public comments. VOTE: Ayes 5, Nays 0. 7. #05 -3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST — PUD — CONCEPT PLAN REVIEW Gina Carlson, Architect; Philip Carlson, President of Interspace West; Dan Larson, Engineer; and Daniel Kaplan, Attorney -at -Law, were present. Gundlach stated the applicants are requesting a B -6 PUD General Concept Plan approval, Preliminary Plat and a Commercial Site Plan approval with easement vacations in order to construct 20 units of office condos on approximately 2.6 acres located at 2060 Wayzata Boulevard West. The proposed condos are two -story walkouts containing approximately 34,186 square feet of gross square footage. Each building will contain a walkout level, a main floor level, and a second story mezzanine. Gundlach stated the PUD process requires a general concept plan stage and the general development plan stage, which is similar to preliminary plat approval and final plat approval, with the Planning Commission reviewing both stages. Gundlach stated the property was zoned and platted B -6 PUD as part of the Orono Woods Senior Housing Development to the direct east. Approval of this project would include amending PUD Agreement No. 2 as it relates to the new applicant and the new project. Gundlach gave a brief history on the prior project proposed for this site, which involved an office condo development that was looked upon favorably. by the Planning Commission and the City Council. Ultimately the office condo project was never given final PAGE 12 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#05-3080 Interspace West, Continued) approval as the applicant was unwilling to meet the 'requirements for parking. Gundlach noted the current proposal does meet the parking requirements that were established as part of the prior proposal. Gundlach indicated the current proposal is consistent with the current zoning as well as the City's 2020 Comprehensive Plan. The proposed site plan conforms with all lot area, lot width, setback requirements and building height regulations. Gundlach noted the applicant is proposing to reduce the site four to eight feet with some cuts as large as 10 to 12 feet in order to create the walkouts. The applicant is proposing a system of retaining walls to bring the elevation of the site back up to the approximate original grade elevation on the north end of the site, which is adjacent to the Sugar Woods common lot. The applicant is proposing 102 parking stalls, which meets the requirement of 3.5 per 1000. Gundlach indicated this parking ratio was recommended by the City's traffic consultant. �I Gundlach stated all storm water would be directed via the pipe to the storm water pond at the corner of Highway 12 and Brown Road at the Orono Woods site. Gundlach noted the pond was originally designed to handle the runoff from this site. Access to the site will be from the existing cut on Highway 12 of the Orono Woods Senior Housing building. • The applicants are proposing building materials consisting of light and dark colored stucco, metal grids and glass, with a metal roof. Staff finds these mate' als to comply with the architectural standards outlined in the B -6 ordinance. I The Planning Commission voted 6 -0 to approve the General Concept Plan in accordance with Staff's recommendation for additional stipulations. Philip Carlson addressed the City Council and gave a brief history of the company. Carlson indicated the goal with this development is to create a win/win situation for the development, the city, and the neighbors. Carlson indicated they have met with Staff and the neighbors a number of times and have tried to incorporate their suggestions as much as possible. Gina Carlson indicated they have changed the name of the development from Sugarwoods to Amber Woods. Carlson reviewed the approved conditional�use permit for this site, noting they are asking for the conditional use permit to be amended. Carlson stated they are proposing the concept of office townhomes where the person would own the building as well as the ground underneath. Carlson indicated 10 buildings are proposed for this site, with the potential for 10 different owners. Carlson stated the units are clustered in two groups of three and one group of four, with the end units each having their own private lighted stairwell and the other units having a shared stairwell. Carlson indicated the project was designed based on the theory of Feng Shui, which deals with the natural flow of the land. Carlson stated the site is L- shape6xith a curved driveway, with the buildings being designed to incorporate the five elements of Feng Slui. Carlson reviewed the proposed design of the buildings, noting that the buildings would consist of stucco, metal, and glass. • 1 PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. • ( #05 -3080 Interspace West, Continued) Carlson stated the back of the site abutting the residential neighborhood would consist of four -foot berm tiers, resulting in a gradual berm, with plantings being proposed for the berm. McMillan inquired how close the nearest house would be. Carlson indicated it would be approximately 200 feet. Carlson stated the monument sign would consist of rock built into a metal grid 19 feet in length and five feet in height for a total of 190 square feet. Philip Carlson addressed the City Council regarding the market analysis conducted by Interspace -West, which shows a need for office space in this area. Carlson stated in their view a project -of this type can be successful in the Orono/Long Lake area based on the lack of office space currently available as well as the fact that there is not presently office space under construction. Carlson noted the office /condo market has expanded in recent years and is a hot real estate trend, with the least amount of office /condos being located in the west metro area. Carlson stated there is a market for affordable office space located closer to people's residences. Carlson stated in their view this project would be successful based on the fact that this is the least invasive on the residential neighborhood because of the concept of Feng Shui. Carlson pointed out no headlights would go into the woods since they are proposing walkouts. In addition, other factors contributing to the success of this project include the following: blocked parking and blocked traffic noise, a limited number of units with exposure to the woods, the woods act as a natural buffer, retaining wall and plantings create an additional buffer, buildings have residential "European" look, buildings are "high -end" office, and local demographic analysis and market analysis indicate a need for this kind and size of office condo in Orono. Sansevere raised a concern that the European look does not really fit in with the rest of Orono and may be inappropriate for the Highway 12 corridor since they are attempting to blend in the various projects. Murphy stated he is in agreement with Sansevere and that the European look may not be ideal for this area. Marilyn Mileusnic, 2110 Sugarwood Drive, stated she would like to have something more traditional looking in this area, noting that this development would be visible from her residence. Mileusnic stated she would also like to know more about the proposed landscaping for this area. Gina Carlson stated the landscaping plan would be presented to the general public in the near future. Sansevere inquired whether the applicant is concerned that this project would not blend in with the other types of development in this area. Gina Carlson stated the buildings would be screened and clustered to allow for integration with nature, and that in her view there can be a mix of traditional and more modern looking structures in this area. • PAGE 14 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o',clock p.m. ( #05 -3080 Interspace West, Continued) Sansevere reiterated that it does not fit in with the Highway 12 corridor. that the City has tried to achieve along the Carlson indicated this project would not be highly Lible from Highway 12 and would be set back into the natural surroundings. II. Peterson also raised concerns with the European look being proposed for this site. Carlson stated the proposed roof is similar to the roof on the city hall building and has stucco siding. Carlson noted certain building materials must be utilized in Feng Shui. Sansevere stated the Council would have to look at I Nether this project would blend in with the rest of the community. Carlson stated Feng Shui is an ancient Asian practice that has been proven over time Sansevere stated in his view this concept could be • White stated he also does not like the appearance, the community. White stated he would like to get Larson stated a storm sewer is proposed for the existing storm sewer system that is part of the s Carlson stated in her view it appears the council is addressed with Staff. into a more traditional looking building. that there needs to be a better blend with the rest of re information on the water flow for this site. side of the units that would be diverted to the housing project. ing the roofline and the fagade, which can be McMillan commented there are a lot of positives with this project, particularly the way the buildings have been clustered and the concept of the office condo. McMillan stated she appreciates the thought and work that has gone into this project but that she has a concern with the type of materials being proposed for this project. Carlson stated in her opinion the materials could be ' corked out. Sansevere inquired what assurance the City has that this project will not remain vacant. Carlson indicated the buildings would be built in successful and hopefully completed within 24 me McMillan inquired whether there is any additional neighborhood would like to see. • and that in their experience this project will be PAGE 15 i that the adjoining residential MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. • ( #05 -3080 Interspace West, Continued) Karl Berg, 2112 Sugarwood Drive, stated he has spoken with the applicants and that a lot of thought has gone into this project. Berg stated in his view the area is hard to landscape due to the low area that currently exists and that any type of structure constructed on this site would appear to be imposing. Berg stated he likes the concept but does not like the appearance of the project. Kaplan stated he would like to see a resolution drafted that approves the general concept of the building clusters, the proposed parking, and the general concept of the office condo development, with the applicant being given the opportunity to come back before the City with a different proposal for the appearance of the buildings. Sansevere stated he would like to visualize the building prior to approval. Gaffron stated in Staff's view this project is totally different than what was originally approved. Gaffron noted this is a PUD process, and that once approval is given to the preliminary concept plan, it is similar to the preliminary plat approval. Gaffron stated the issue tonight is whether the applicant has been given enough direction to be able to redesign the project into something that the council is willing to approve. Jacqueline Ricks, 2108 Sugarwood Drive, stated she has concerns regarding the drainage in the northeast corner of the site, which is located at the bottom of the hill. Ricks indicated she would like to know . whether that area would be filled in or how the runoff would work in this area. Murphy stated the concept in his mind is the clustering, the parking, the water flow, but that the European look is not ideal for. this area. Murphy noted the City has spent considerable time and money trying to determine what best would be suited for this area in order to maintain the rural character of Orono. Carlson stated in her opinion she would be able to redesign the roofline and siding to better meet the appearance that the City would like for this area. Carlson requested the Council approve the general concept of the project. Murphy commented he approves of the overall concept but that he is opposed to the appearance of the buildings. Peterson suggested effort also be put into developing formal landscaping and lighting plans for this project. Moorse noted the proposed buildings are two and a half stories, which probably would remain regardless if the roofline is changed. Moorse stated if the Council approves the concept, they would be approving the two and a half story building with the walkout. Murphy stated in his view he would like to see the half -story eliminated and the buildings restricted to two stories. Sansevere indicated he would prefer this application be tabled. PAGE 16 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #05 -3080 Interspace West, Continued) Carlson stated they would like approval on the square footage and the overall concept. Carlson stated she would be able to design a more traditional looking building. White noted that the City would not be locked into #his project simply by approving the concept plan. McMillan stated in her view the removal of the hal story may have a big impact on this project given the clustering and layout of the buildings. j Mileusnic inquired whether additional land could be acquired to spread the project out more. Mileusnic stated she would prefer the buildings be reduced byIa half -story. Mr. Carlson stated the adjoining land is not Mileusnic indicated she would prefer the Council not give approval to this project at this time. Murphy stated it is his understanding the Council is considering only approving portions of the plan. Peterson inquired whether the applicant would like :to have their application tabled. Gina Carlson indicated she would like to have the basic concept plan approved tonight and that she would be willing to meet with Staff to help resolve some of the issues raised tonight. Murphy and Peterson indicated they would prefer Kaplan stated the general concept plan could be to redesign the buildings and meet with staff. buildings be reduced by half a story. tonight, which would allow the applicant time Sansevere stated he would prefer to approve it all atone time rather than a portion of it now and a portion of it later. Rick Apple, 2101 Sugarwood, stated he would like to see a view of the buildings as they would appear from Sugarwood Drive. Apple noted there was also Ia fair amount of discussion at the Planning Commission meeting about the future ownership of these buildings. Sansevere stated he did have a concern whether there is adequate parking. Sansevere commented the possibility of a chiropractor being located in this development was discussed at the Planning Commission. Sansevere stated in his opinion that type of use would generate a fair amount of traffic and parking needs. Gina Carlson stated the units at the peak are far less a half -story would greatly limit this project. Carlsoi below what is allowed by the City. han the 30 -foot height restriction and that to remove noted the proposed two and a half -story is 10 feet PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. n U ( #05 -3080 Interspace West, Continued) Barrett stated there appears to be a concern on the Council's part of how binding concept approval could be construed as. Barrett stated concept approval is similar to preliminary plat approval and that he would recommend the City not approve the concept plan tonight. Barrett suggested the City table the application to allow the applicant time to revise their plans. Sansevere moved, Peterson seconded, to table Application #05 -3080, Interspace West, 2060 Wayzata Boulevard West — PUD — Concept Plan Review, to allow the applicant time to revise their plans. VOTE: Ayes 5, Nays 0. 8. #05 -3081 ZB CONSTRUCTION, INC., 26xx KELLEY PARKWAY (OUTLOT E, STONEBAY) — RPUD — DEVELOPMENT PLAN REVIEW Arnie Zachman, ZB Construction, and Bruce Heller, Architect, were present. Gaffron stated the applicants are requesting RPUD amendment, final site plan and building plan approvals as well as final plat approval. Gaffron stated approximately three years ago this lot was an outlot of the Stone Bay development and was planned for a condo type building consisting of three • stories, plus parking at the basement level. Gaffron noted originally two separate buildings were proposed with connected underground parking. Gaffron stated that plan did reach concept plan approval but the applicants did not proceed forward with the two building concept. Gaffron stated last fall the project was revised into one single building and was reviewed by the Planning Commission. The Planning Commission expressed concerns regarding the size and height of the building. The current plan still consists of three stories and has a defined height of 3 8 feet, which was also proposed in the original plan. Gaffron noted the height variance was one of the few variances granted with the original Stone Bay approval. Gaffron stated the Planning Commission recommended the massing and height of the building be reduced, with the applicant now proposing a variety of roof peak styles, various bump -outs on the facades, and varying building materials to help diminish the appearance of massing. Gaffron indicated one of the suggestions by the Planning Commission was to lower the ends, which was done on the front half of the building. Gaffron stated three years ago an elevation of 1018' was proposed, with the elevation of the building now being raised due to stormwater issues and the height of each ceiling being increased from eight feet to nine feet. Gaffron noted the length of the building has been decreased from 375 feet to 327 feet, with a greater setback to the Public Works Building. Gaffron stated the applicants are also proposing landscaping to help screen the ends of the building. Gaffron stated the number of units has been reduced from 62 units to 57 units. LJ PAGE 18 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #05 -3081 ZB Construction, Continued) j i Gaffron indicated the buildings were combined in order to accommodate certain amenities that were not included with the original proposal. Gaffron stated the applicants are requesting a revision to the plat in order to better accommodate the one building design, which Staff is in favor of Gaffron stated the parking requirements for this site dictate 2.0 stalls per unit for a total of 112 stalls. The applicant has eliminated a number of parking stalls due to the location of a party room in the basement level. Gaffron indicated the applicants are proposing 105 parking stalls on the site, with seven parking stalls on the street being proposed jI McMillan inquired whether there is guest and service parking available. Gaffron indicated there is not. Murphy stated another option is to reduce the number of units. Peterson inquired whether there is an elevator in the building. Zachman stated there is one elevator in the central corridor that goes from the basement up to the third floor and would allow access to both sides of the building. Zachman stated they have considered squaring the front of the building, which would increase the'parking stalls by two. Zachman noted the number of units has been reduced from 62 down to 57. Zachman indicated they have approximately three to four grocery carts down by the elevator that the residents are allowed to use to help haul groceries to their unit. Sansevere stated in his opinion the length of the building is too long and that people would be reluctant to purchase the units at the ends of the building given the distance from the elevator. White inquired what the price range is. Zachman indicated there are three different units McMillan inquired whether any floor plans exist. Zachman stated they are in the process of White inquired whether the applicant has Zachman stated they have constructed some condo Lake Road in Golden Valley, one in Eden Prairie,, Sansevere inquired how many were over 57 units. Zachman stated Golden Valley has a total of 58 which range from $200,000 to $300,000. lg the layout of the units. ed other condominiums. is off of Snelling Avenue in St. Paul, on Medicine one in Minnetonka. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. • ( #05 -3081 ZB Construction, Continued) Gaffron requested addresses be given to Staff so Council can visit those condominiums. Zachman noted he did drop off some brochures previously.. Sarisevere inquired whether the length of the building is acceptable to staff. Gaffron noted Council originally approved roughly the length that is being proposed tonight. 'Gaffron stated the view of the building would vary depending on the location you are standing in. Zachman stated they have attempted to break up the front of the building by utilizing different colors of stone and bringing the building out in areas. Sansevere indicated he prefers the L- shaped building versus the two buildings. Murphy indicated he does like the difference in colors but that he thought there would be more variety. Murphy expressed a concern that the number of parking stalls proposed for this project is not adequate and inquired how many people would be in each unit. Zachman stated in their experience 40 percent are empty nesters, one car, totally retired. Another 40 • percent are nearing the retirement stage, no children, and 20 percent typically are single female professionals: Zachman stated four to six stalls could be obtained by shrinking the party area, which would allow them to meet the City's parking requirements, along with seven overflow parking stalls. Gaffron stated the minimum for the site is 112 parking stalls. McMillan stated in her opinion 90 percent of the parking should be underground and that the parking is not acceptable as proposed. McMillan stated in her view there needs to be service and guest parking available. McMillan indicated she also has a concern that the building would not have proper fire access if additional cars were parked on this lot and that the project is not workable given the lack of additional parking. McMillan questioned whether the north end units would be desirable given the distance from the front entrance. Zachman indicated in his experience the north end would be the most sought -after part of the building since it is more isolated. Zachman stated in his view that would be the portion of the building that would be occupied first. McMillan stated in her view another elevator would be more practical. McMillan inquired whether storage areas would be built in. Zachman indicated the inside angle of the building allows for inside cubicle storage on their floor for every resident. Zachman noted the basement also contains storage units. White stated he does like the difference in color but that in his view the parking needs to be increased. • PAGE 20 • • ORONO CITY C Monday, Fe 7:00 of ( #05 -3081 ZB Construction, Continued) Heller stated the party room could be removed and parking, which would increase the underground pa Zachman noted the garage stalls are 22 feet deep, OF THE JNCIL MEETING nary 14, 2005 ick p.m. end of the garage area could be converted into g by 12 stalls. are larger than normal. White stated in his view a second elevator should be added. Gaffron reviewed the proposed landscaping for this site, noting there is a 3 to 1 slope on three sides of the building. Gaffron noted the fire marshal has review ed the plan for emergency access and has not noted any major issues. Gaffron noted the building would have an interior sprinkler system. Gaffron stated the proposed lighting for this site is minimal and that a "lighting plan would be required at the final stage of approval. Gaffron noted no signage plan has been 'submitted. Gaffron noted this is essentially a replatting of Lots E and F, and that Staff is recommending conceptual approval. Gaffron stated the project would also result in a new Developer's Agreement. Sansevere inquired whether each resident would Zachman stated each resident would get one stall Sansevere inquired how many parking stalls Gaffron indicated there currently are 82 stalls percent, they would have to add 19 stalls undi Moorse inquired where the party room would be Heller stated the party room would probably be two parking stalls underneath. they would have the ability to purchase another one. be located underneath. fed underneath. Gaffron stated in order to reach 90 to the first floor near the patio. McMillan stated in her opinion two cars per unit should be planned for and that she would like the outside parking to be utilized more by guests and service vehicles. Zachman stated it appears they would only be able'to increase the underground parking by 12 stalls. Murphy inquired whether all parking stalls would be assigned. Zachman indicated the underground parking would be assigned parking and that the outside parking would be open. Murphy stated he is in agreement with McMillan and that each unit should be assigned two parking stalls. Moorse inquired whether every unit would have a kall underground. PAGE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. • ( #05 -3081 ZB Construction, Continued) Zachman stated each unit would be assigned one stall underground and that the person would have the option of purchasing an extra stall underground if available. Sansevere expressed a concern that people would utilize the parking stalls at the dental building. Moorse suggested other condominium units be reviewed to see what their parking requirements are and that he would like to avoid the situation where a number of units are only left with outside parking. Gaffron stated he has gotten some direction from the Council on what they would like to see in a development resolution but that a number of issues have been raised that need to be addressed by the applicant. Peterson inquired whether the proposed materials are similar to what has been used on their other projects. Zachman indicated they are proposing stone for this project. Murphy stated the parking remains a major issue for him. Zachman distributed materials illustrating some of his prior condominium projects and the type of • workmanship that has gone into his buildings. Gaffron stated if there are changes in the type of windows, the plan would need to be brought back before the Council. Zachman stated what is depicted is what they will be using. Zachman indicated he would be able to sit down with Staff and discuss the parking issues. McMillan moved, Peterson seconded, to table Application #05 -3081, ZB Construction, Inc., 26xx Kelley Parkway (Outlot E, Stonebay) — RPUD — Development Plan Review. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy inquired whether the City has heard anything back on the draft purchase agreement for the land on Big Island. Moorse indicated they have not. PAGE 22 • ti { MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'.clock p.m. PUBLIC SERVICE DIRECTOR'S REPORT *9. APPROVE PURCHASE OF PUBLIC Murphy moved, White seconded, to approve th Broom Bear Street Sweeper from Mac Queen I of $164,900 to be funded as follows: $35,000 tr Outlay Fund 2004 Equipment Certificates with $129,900 from the year 2005 Stormwater Fund CITY ADMINISTRATOR'S REPORT *10. APPOINT AUDITOR FOR FISCAL Murphy moved, White seconded, to approve thf Karnowski, Radosevich & Company, P.A., to pf records, including the implementation of GASB $30,900, excluding direct expenses. VOTE: Aye *11. LONG LAKE FIRE STATION— NO. 14 Murphy moved, White seconded, to approve pa to Application for Payment No,. 14 from Rocho Station Construction Account. VOTE: Ayes 4, *12. LONG LAKE FIRE STATION — STREET SWEEPER purchase of Public Works Replacement 2005 Elgin [uipment, Inc., St. Paul, Minnesota, at a total cost nsfer from the Improvement and Equipment budget adjustment to reflect this transfer; udget. VOTE: Ayes 4, Nays 0. 2004 appointment of the audit firm of Malloy, -form the required audits for the 2004 fiscal year Statement No. 34, at an estimated maximum cost of s 4, Nays 0. TION AND CERTIFICATE FOR PAYMENT ial payment in the amount of $21,115.00, related Corporation, to be funded from the Joint Fire fays 0 ORDER NO.8 Murphy moved, White seconded, to approve Long Lake Fire Station Change Order No. 8 in the amount of $5,665. VOTE: Ayes 4, Nays 0. *13. NAVARRE FIREFIGHTER GEAR PURCHASE Murphy moved, White seconded, to approve thei purchase of gear for the new Navarre Firefighters, in the amount of $30,983, and to amend the General Fund budget to reflect the expenditure. VOTE: Ayes 4, Nays 0. *14. CRT WASTE — RESOLUTION NO. Murphy moved, White seconded, to adopt RESOLUTION NO. 5284, a Resolution Supporting Legislation regarding CRT (Cathode Ray Tube) Waste. VOTE: Ayes 4, Nays 0. PAGE .23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. • *15. FORFEITED VEHICLES — AUTHORIZATION TO SELL Murphy moved, White seconded, to approve the sale of the following forfeited vehicles: 1991 Chevrolet Berreta,1995 Dodge Caravan, 1991 Mazda 626, and 1995 Jeep Wrangler. VOTE: Ayes 4, Nays 0. *16. ON -SITE SEPTIC MANAGER— POSITION REVISION AND RECLASSIFICATION Murphy moved, White seconded, to approve the revisions to the Septic Manager position duties and responsibilities, and to approve a reclassification of the position from step 1 to step 2 of the pay schedule. VOTE: Ayes 4, Nays 0. *17. AMEND 2005 OFFICIAL MEETING SCHEDULE Murphy moved, White seconded, to amend the 2005 Official Meeting Schedule by changing the Park Commission meeting time to 7:00 p.m., and adding the Local Board of Appeal and Equalization, which is scheduled for April 20, 2005. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Barrett indicated he has nothing to report. . *18. LICENSES RESIDENTIAL KENNEL LICENSE 1. Bob Sansevere 745 Orchard Park Road 2. Gayle Talbot 80 Luce Line Ridge SPECIAL EVENT 3. John Terrance Homes, Jeremy Jordet 2005 Spring Preview Parade of Homes Stonebay — 2462 Sandstone Lane and 659 Sandstone Circle February 12 — March 20, 2005, Mondays through Sundays 12:00 p.m. noon — 6 p.m. Murphy moved, White seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. 7 PAGE 24 I 'r • 1C • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. *19 BILLS Murphy moved, White seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Sansevere moved, Murphy seconded, to adjourn the Orono City Council Meeting of February 14, 2005, at 10:54 p.m. VOTE: Ayes 5, Nays 0.