HomeMy WebLinkAbout02-28-2005 Council Minutes•
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 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, Jim White, and Bob Sansevere; City
Attorney Thomas Barrett; Representing staff were, City Administrator Ron Moorse, Planning
Director Mike Gaff -on, Planners Janice Gundlach and Melanie Curtis, Public Service Director
Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson.
Mayor Peterson called the meeting to order at 7:02 P.M, followed by the Pledge of Allegiance.
CONSENT AGENDA
1. Approve /Amend
Items 4, 10, 13, 14, 15, 16, and 17 were added o the Consent Agenda.
Murphy moved, Sansevere seconded, to
5, Nays 0.
PUBLIC HEARING — 7:00 P.M.
the Consent Agenda as amended. Vote: Ayes
2. EXTENSION OF WETLAND MORATORIUM — ORDINANCE NO. 235 3rd SERIES
Mayor Peterson opened the public meeting at 7:07 p.m.
Gaffron explained that City staff wished to
months.
As there were no public' comments, Mayor Pet
the wetland moratorium for an additional six
closed the public hearing at 7:08 p.m.
White moved, Mayor Peterson seconded, to ;adopt ORDINANCE NO. 23, an Ordinance
extending the wetland moratorium for an additional six months to August 23, 2005. VOTE:
Ayes 5, Nays 0. 1
APPROVAL OF MINUTES
*3. Regular Council Meeting of February 14, 2005
Murphy moved, Sansevere seconded, to
submitted. VOTE: Ayes 4, Nays 0.
PARK COMMISSION COMMENTS —
Rice indicated that he was available for
following week.
the Minutes of February 14, 2005, as-
k Rice
though their next meeting would be the
PAGE 1. of 10
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MINUTES .OF THE
ORONO CITY COUNCIL MEETING f
Monday, February 28, 2005
7:00 o'clock p.m.
PLANNING COMMISSION COMMENTS — Jim Leslie •
Leslie stated that he had nothing to report, but would remain for questions.
PUBLIC COMMENTS
John Gehring, 1687 Concordia Street, read a letter containing his continents into the record. Within
the letter, Gehring stated that he objected to the City of Orono spending $5.7 million taxpayer
dollars to purchase 53 acres on Big Island. He felt the City should ask for additional input from its
citizens regarding the purchase using tax dollars, via a referendum, especially for an open space
purchase that was yet to have a vision.
The Mayor thanked Mr. Gehring for his continents.
ZONING ADMINISTRATOR'S REPORT
*4. #2587 KRIS RUDD, 4575 WAYZATA BOULEVARD WEST — FINAL ROAD
PLAT APPROVAL — RESOLUTION NO. 5285
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5285, a Resolution
granting approval for CITY OF ORONO RIGHT OF WAY PLAT NO. 1. VOTE: Ayes 5,
Nays 0.
5. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD — VARIANCES — •
RESOLUTION NO. 5286
Curtis explained that at the February 14`x' Council Meeting, the Vegetation Restoration Plan with
amendments to the Agreement was approved, and the variance Resolution pertaining to the
hardcover was tabled. The applicant has not revised his request nor has staff made any changes to
the resolution.
Sansevere stated that if staff had not changed its opinion that the variance request was not
supported by a hardship, he could not move to approve the request.
Gaffron indicated that staff had not changed their opinion.
Mayor Peterson stated that she had changed her position slightly after visiting the site once again.
She indicated that she would be in favor of approving a variance in an effort to save this one
remaining large oak tree left on the site, since most of the others had already been lost.
Vogstrom asked whether the City had granted variance requests in the past based on a hardship to
save trees.
Sansevere commented that it was rather ironic that, at this point, the applicant was requesting a
variance to save one tree, after having ripped down a whole bunch of significant trees without
pern fission in the first place.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o (clock p.m.
(5.#04-3052 ERIC vOGSTROM, 2618 CASCO POINT ROAD, Contiir.cced)
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Vogstrom maintained that, had he gone through the proper channels to obtain permission, some of
the trees would have been allowed to be removed in the first place.
Although not within the Ordinance, Attorney Barrett stated that the Council has granted variance
requests based on trees in the past if they choose to do so once again.
Murphy stated that he had consistently voted no to this application, and would do so again. He was
concerned that the footprint of the proposed house was too much for the lot, pointing out that the
1500 s.f. footprint is not an entitlement but a lirnit. He believed that a footprint of 1250 s.f. was
more appropriate. Murphy stated that he would Cbe inclined to grant the variance to save the tree,
only because the neighbor supported it and he was the one most adversely impacted by the
applicant's actions.
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Vogstrom asked why he did not warrant 1500 slf.
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Gaffron stated that lots less than 10,000 s.f are allowed up to a 1500 s.f. footprint; however, it is an
allowance, which an applicant is not entitled to if it adversely impacts hardcover.
Moorse pointed out that there are numerous examples of new construction that do not have a 1500
s.f. footprint due to hardcover limitations.
McMillan stated that she was satisfied with the work that staff had done and with their
• recommendation. She indicated that the City hats Ordinances in place for a reason and that the City
should maintain its right of way, as many of its right of ways have been severely encroached upon.
She stated that she would hold firm on staffs recommendation.
White concurred, pointing out that if the applicant were given a variance, there was no guarantee
that the tree would survive anyway; therefore, lie was not willing to support the variance.
White moved, McMillan seconded, to approve staffs report and adopt RESOLUTION NO.
5286 as presented. VOTE: Ayes 3, Nays 2. 1
Mayor Peterson and Murphy dissenting, positions noted above. Murphy added that he found it
troublesome that the City may be viewed as deeming that trees are not worth saving.
6. #05 -3072 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH —
VARIANCE AND CONDITIONAL USE PERMIT
Mayor Peterson moved, Murphy seconded, to table Application #05 -3072, Orono Schools, to
provide an opportunity for staff to clarify the resolution. VOTE: Ayes 5, Nays 0.
*7. #05 -3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE — VARIANCES —
RESOLUTION NO. 5287 11
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5287, A Resolution
approving a hardcover variance for the 0 -75, zo ne and also a lake setback variance to permit
• construction of a wrought iron deck within 7I 5' of the lake. VOTE: Ayes 5, Nays 0.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
8. #05 -3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST — PUD —
CONCEPT PLAN REVIEW
Gaffron explained that the applicants were present this evening requesting further discussion of
their proposed building designs and architectural standards. He pointed out that the City had not
formally adopted any formalized design standards for the properties east of Willow.
Sansevere asked whether the City could put a moratorium on building design standards for this area
until it has decided upon a standard, as it is currently under discussion.
Attorney Barrett stated that if the City Council wishes to go into planning mode regarding a design
standard, statutes allow it to do so.
Gaffron pointed out that, since the grade would be lowered, the peak height would appear to be
lower than earlier proposals.
Murphy stated that he was under the impression that the general building designs used west of
Willow would be extended to the properties east of Willow as they were redeveloped. He noted
that the Highway 12 turmback committee had discussed redevelopment on many occasions and
determined that it was acceptable to set up plans for land use and begin applying general design
standards to development now. While he felt the application had positive attributes, Murphy did
not feel the aesthetics of what the applicants were proposing were appropriate.
Though there were no real patterns of development east of Willow to date, Gaffron stated that the .
Council could take time to set up development standards.
Sansevere stated that sites both east and west of Willow make up Orono's corridor and that he, too,
had been under the impression that some standards had been already established.
Gina Carlson shared several photos taken from the site and residential properties behind it to reflect
the impacts, if any; the development would have on neighboring properties. She asked if the
Council would discuss the site development models as a `maple leaf pattern', the metal roof
surfaces, the proposed stucco siding, and other standards as they apply to the surface materials.
Sansevere indicated that he did not agree with the roof line or design as proposed and would vote
no if the applicant wished to present this as their final design. He asked if the applicant would be
willing to redesign the project as to better fit the standards as laid out to the west.
Murphy and Mayor Peterson concurred.
While she was reluctant to change the design as proposed, Carlson asked what sort of roof line the
council would prefer, be it a gable, flat roof, modified gable, or other design. She indicated that she
felt a strong attachment to the modified gable as proposed in the maple leaf pattern with metal
roofs.
Mayor Peterson suggested the applicant look at the packet given to her by staff to see what sort of
elements of previous applications had been supported and approved. •
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
•(8.#05-3080 INTERSPACE WEST, 2060 tl AYZATA BOULEVARD WEST, Continued)
Philip Carlson asked whether the Council would be willing to support a two story design that
stayed under the 30' height limit. I
White indicated that he would be willing to
traditional look of the neighborhood better.
a two story building, if it fit within the
Gina Carlson questioned how they had gone thu the planning process with an application that fit
within the ordinance, were given a 610 approval, and are now being told by the Council that it is
their personal opinion this design does not fit. 1
Mayor Peterson stated that at the previous Cou
Council with a redesign that would flow with a
approvals in the packet as examples; noting the
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.il meeting the applicant was asked to provide
ter Orono development projects, using previous
had not done that.
Gina Carlson stated that she could come back with a new design in March but asked for assurance
that her new design concept would have support among the Council. In addition, she asked if there
were other items within the application to which the Council objected. She shared a few photos of
previous designs by her firm, including prairie style and flat roof type buildings.
Murphy reiterated that it was not simply the roofline but how the proposed building fit into the
landscape. He was reluctant to redesign the concept for the applicant, stating that he would like to
• see something different than what had been provided, and would know what fits in when he sees it.
Planning Commissioner Leslie interjected that the Planning Commission had discussed the roofline
and, while they did find it did not interfere with the proposal, suggested that perhaps a flat roof line
would be more acceptable if the rest of the building components fit. He asked the Council if they
concurred.
White agreed that a flat roof would be acceptable but would like to see what the applicant came
back with.
Mayor Peterson and Sansevere indicated that they both liked the overall project and layout, but
fa
were not convinced the building design itself it the corridor.
Attorney Barrett stated that the ordinance does state that Council has the ability to authorize
architectural designs and decide what the look of the corridor should be.
Gina Carlson maintained that, in her opinion, the corridor did not have a set standard for the area.
Moorse stated that, although roofline and style are at issue and because the design has more units
and windows facing the residential area, it is important that the Council to advise the applicant on
what they are willing to accept, both in terms of height and design. Moorse explained that if
Council is directing the applicant to go back and redesign the buildings, the applicant needs to
know whether the windows cannot exceed the height as proposed currently.
PAGE 5 of 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
(8.#05-3080 INTERSPACE ii "EST, 2060 9"AYZATA BOULEVARD WEST, Continued) •
Murphy repeated the Council's position that they are neither designers nor architects, but want a
look and feel consistent with what they are trying to create along the corridor currently. He urged
the applicant to return with a new design once again and more specific questions could be
addressed at that point.
Daniel Kaplan, Counsel for the developer, asked, if the applicant could return to the drawing board
and bring back something else, whether she would be given design freedom as long as it was
compatible with the corridor.
Sansevere stated that a new design did not guarantee the Council's stamp of approval.
Sansevere moved, Murphy seconded, to table Application #05 -3080, Interspace West, for
redesign. VOTE: Ayes 5, Nays 0.
9. #05 -3081 ZB CONSTRUCTION, INC., 26..xx KELLEY PARKWAY (OUTLOT E,
STONEBAY) — RPUD — DEVELOPMENT PLAN REVIEW
Gaffron explained that staff recommends conceptual approval of the revised plans including the
revised parking plan, subject to satisfaction of any minor issues noted within staff memos. In
addition, since a second elevator is not required by code for this building, Council should decide
whether it will be required. If Council accepts the proposed site and building plans, staff would
draft a Resolution for General Development Plan Approval Amendment and Final Plat Approval •
for adoption at the next Council meeting. Gaffron added that it should be noted that the building is
being approved as a condominium for individual unit ownerships and is subject to the provisions of
Minnesota Statutes Chapter 515B regarding Common Interest Communities and a CIC plat and
declaration would need to be filed with Hennepin County by the applicant.
Specifically, Gaffron stated that the new plans show a single elevator relocated to the interior
hallway corner and pointed out that neither zoning, building, nor fire codes require a second
elevator. In addition, the applicants voiced their concern that a second elevator would add an
additional $1,000 per unit to the cost of the building.
With regard to parking, Gaffron indicated that the applicant had submitted a revised building floor
plan placing 95 stalls (83 %) within the building, 23 stalls in the parking lot within the property
boundaries, and 3 proof of parking stalls; with an additional 7 street side parking spots off Kelley
Avenue.
White asked what landscape design would be used to block headlights between the building and
parking lot. He pointed out that it would be nice to add shrubbery and plantings along Kelley
Parkway near the parking lot via an additional hedge, as well as, more substantial plantings in the
triangular corner grassy patch as cars pull into the parking area.
The applicants agreed to the additions.
Murphy moved, White seconded, to accept RPUD Amendment /Site Plan and Building Plan
Approval and Final Plat Approval directing staff to draft final approval documents for is
PAGE 6 of 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
(9.#05-3081 ZB CONSTRUCTION, INC:, 26xx KELLEYPARKWAY (OUTLOT E,
STONEBAY), Continued) I
adoption at the March 14"' City Council meeting reflecting one elevator, 83% indoor parking,
and additional landscaping around the parking area for the Stonebay lofts, 2670 Kelley
Parkway. VOTE: Ayes 5, Nays 0.
*10.#05-3083 CITY OF ORONO — CMP AMENDMENT — PRELIMINARY APPROVAL
Murphy moved, Sansevere seconded, to conditionally approve 2000 -2020 Comprehensive
Plan Amendment #3 adding certain properties along Myrtlewood Road and 25 South Brown
Road to the defined Metropolitan Urban Service Area (MUSA) subject to review and
comment by the Metropolitan Council, and direct staff to submit the amendment to the
Metropolitan Council. VOTE: Ayes 5, Nays �0.
11. #05 -3084 JAMES AND PATRICIA OLSON, 4360 BAYSIDE ROAD — VARIANCE —
RESOLUTION NO. 5288 11
Gundlach stated that the applicants were requesting a front yard setback variance to permit a front
yard setback of 72' when 77' currently exists and 100' is normally required in order to construct an
attached 2 -stall garage adjacent to the existing single stall garage. She indicated that staff would
recommend denial of the request as submitted;i however, staff would recommend approval of a
front yard setback variance of 77' which would not increase the existing non- confornung front yard
setback.
James Olson read from his prepared statement that it was their intent to increase the curb appeal of
their home, maximize space; and minimize impacts on views with their design. He urged the
Council to support their request, since they own a 3.5 acre property in the 5 acre zone. Olson
pointed out that the 72' setback would not impact any views for him or his neighbors and that they
had provided written acknowledgement of their support and indicated their surprise that he needed
variance approval at all. I
Sansevere asked what staff's objection to the 72' was.
Gaffron stated that the applicant would be increasing a non- conformancy.
Mayor Peterson noted that the current layout If the home would be dramatically impacted if the
applicant were forced to satisfy code. I
Olson stated that, due to the angle of the hom6 on the site, it is not easy to reposition the addition
without further encroaching on setbacks, the septic site, or adversely impacting existing trees. In
addition, repositioning the garage addition would impact views from the back of the house and
deck.
White stated that the planning commission had a difficult time coming up with a hardship after a
great deal of discussion. I
PAGE 7 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
(11.#05-3084 JAMES AND PATAXIA OLSON, 4360 BAYSIDE ROAD, Continued)
Gaffron noted that staff found enough hardship to allow them to remain at 77', as opposed to the
increased 72'.
Olson reiterated that, due to the placement of the septic, drainage, slope of the land, and trees, they
could not come up with a better solution or design.
Mrs. Olson interjected that they had hoped to add some architectural interest to a 60's rambler.
While he wished Council could give the applicant exactly what he wanted, Sansevere was hesitant
to set new precedent without hardship and not being consistent.
Attorney Barrett stated that he had not heard formal hardship which would warrant an additional
5'.
Since building a detached garage elsewhere on the site would cost them valuable pasture land for
their horses, Olson asked whether the Council would consider allowing them to continue across the
front line of their foundation rather than setting it back from the current straight line.
White stated that he was willing to extend the footprint of the foundation in keeping the look of the
house. He felt this would be consistent with the design of the home to allow the applicant an
additional 2'.
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White moved, McMillan seconded, to deny the original variance request, but to adopt •
RESOLUTION NO. 5288 with revisions that would permit a variance for the continuation of
the current front foundation line for construction of the proposed garage addition for 4360
Bayside Road. VOTE: Ayes 5, Nays 0.
*12. #05 -3087 ANDREW AND MARCIA FREESE, 2914 CASCO POINT ROAD —
VARIANCE — RESOLUTION NO. 5289
Murphy moved, Sansevere seconded, adopting RESOLUTION NO. 5289, a Resolution
granting a hardcover variance for the 75' -250' zone and an average lakeshore setback
variance for 2914 Casco Point Road. VOTE: Ayes 5, Nays 0.
*13. #05 -3088 MICHAEL KURUVILLA, 850 WAYZATA BOULEVARD WEST —
CONDITIONAL USE PERMIT — RESOLUTION NO. 5290
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5290, a Resolution
granting the conditional use permit and sign variances for Orono Montessori School located
at 850 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0
MAYOR/CITY COUNCIL REPORT
Murphy introduced Gabriel Jabbour who had just returned fiom ameeting with the Veterans Board
regarding the Big Island Vet Camp property and wished to make some comments.
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PAGE 8 of 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
(MAYORICITY COUNCIL REPORT,
Based on comments from a resident earlier this''evening, Jabbour stated that it was clear that the
City needs to develop a plan to ensure accurate connnunication of the facts regarding the purchase
of the Big Island's Vet Camp.
Jabbour stated that he had just come from a meeting with the Board of Governors, Gen Olson, Barb
Sykora, current and past caretakers of the camp, and Keith Kask of Deephaven, in an attempt to
coordinate a joint meeting to figure out what the City can do to work out a deal to purchase the
property. In response to the resident's concern regarding the lack of a vision for the property,
Jabbour maintained that the time to develop a vision for the parcel is once the City has obtained
rights for it. Since the task force must move on the purchase now, once acquired, the City will have
time to develop a vision with input from its citizenry. Jabbour stated that the Board. has requested
that all items be removed from the camp within the next two weeks, while the ice is still in. Having
spoken to Hennepin Parks, the DNR, parks & trails, and the MCWD, all have voiced support that
this is a good move and offered assistance.
Mayor Peterson asked what Jabbour's `gut
Jabbour indicated that it was hard to say at
parcel for themselves.
were regarding legislation.
but he has offered to take anyone to see the
With regard to the Dakota Line, Jabbour stated 'that the trail is progressing; however, Orono has
been excluded from the process. He noted that Hennepin parks has a plan in place for the
construction of the trail that they plan to execute using grant money that they have obtained for the
project.
PUBLIC SERVICE DIRECTOR'S
*14. ACCEPT QUOTATIONS FOR P
Murphy moved, Sansevere seconded, to
Minnesota for the 2005 season, park ma
5, Nays 0.
*15. ACCEPT BIDS FOR PUBLIC WO
Murphy moved, Sansevere seconded, to
Nays 0.
CITY ADMINISTRATOR'S REPORT
*16. CARLSON PROPERTY —
Murphy moved, Sansevere seconded, to app
services, and Scott Ruppert for appraisal set
MOWING
A quotation from Meyer's Outdoor Services,
services in the amount of $16,000. VOTE: Ayes
�n I W
the year 2005 Materials Bids. VOTE: Ayes 5,
AND ATTORNEY
contracting with Alan Barnard for legal
in relation to the condemnation of the
PAGE 9 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7:00 o'clock p.m.
( *16. CARLSON PROPERTY —APPRAISER AND ATTORNEY, Continued)
Carlson Property, and to authorize the City Administrator to-sign agreements with both.
VOTE: Ayes 5, Nays 0
CITY ATTORNEY'S REPORT
Attolney Barrett had nothing to report.
*17. LICENSES
Murphy moved, Sansevere seconded, to approve all licenses. VOTE: Ayes 5, Nays 0.
*18. BILLS
Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE:
Ayes 5, Nays 0
ADJOURNMENT
Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of
February 28, 2005 at 9:40 P.M. VOTE: Ayes 5, Nays 0.
ATTEST:
Y
Linda S. Vee, City Clerk
PAGE 10 of to
Barbara Peterson, Mayor
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