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HomeMy WebLinkAbout04-11-2005 Council Minutes• • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, 'AP ril 11, 2005 7:00 o'clock p.m. ROLL The Council met on the above - mentioned date with the following members present: Acting Mayor Bob Sansevere; Council Members Jim Murphy, Lili McMillan; 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 Mayor Barbara Peterson was absent and Council Acting Mayor Sansevere called the meeting to CONSENT AGENDA Items 7, 10, 12, 13, and 14 were added to the Murphy moved, White seconded, to approve VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Jim White arrived at 7:04 p.m. at 7:02 p.m., followed by the Pledge of Allegiance. Agenda. Consent Agenda as amended. 28, 2005 Murphy moved, White seconded, to approve the minutes of the March 28, 2005 City Council meeting as submitted. VOTE: Ayes 4, Nays 0. 1 PARK COMMISSION COMMENTS — Paul 3. RECOGNITION OF PAT WOLFE, P PROCESS Gappa noted Pat Wolfe is not present at the follow Item 12. Pesek stated the park tour is scheduled for June 6 touring Big Island at that time. White indicated he has assembled some inform, foundation for review by the Park Commission. of Norenberg Park. is Item 3, Recognition of Pat Wolfe, follows Item 12.'1 ek, Representative COMMISSIONER, AND APPOINTMENT time and recommended the recognition of Pat Wolfe 5:00 p.m., but noted they would probably not be from Hennepin County regarding their park ite also distributed information regarding the history PAGE 1 of 10 0 �Rt MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2005 7:00 o'clock p.m. • PLANNING COMMISSION COMMENTS — Dave Rahn, Representative Rahn indicated he had no comments but would be available for questions during the meeting. McMillan stated the City Council did receive the letter from the Planning Commission regarding the future development of Navarre and recommended these issues be discussed further at a joint work session. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 4. #04 -3010 TED CAPRA, 3534 IVY PLACE — VARIANCE Ted Capra, Applicant, and Katherine Alexander, Architect, were present. Gundlach noted this application did appear before the City Council in November of 2004 for a hardcover variance, and since that time the applicant has met with Staff to discuss an addition/remodel proposal, which was reviewed by the Planning Commission in March of 2005. The applicant-is requesting a hardcover variance to allow 32.5 percent within the 75' -250' zone where 25 percent is normally allowed and 49.5 percent currently exists, and a hardcover variance for the 0 -75' zone where 0 percent is normally allowed and 4.4 percent currently exists. The applicant is proposing to remodel the existing structure and to add an attached garage and mud room. Gundlach indicated the applicant is proposing that the existing footprint and first floor rooms remain, all existing outer walls remain, with the existing second story to be removed, including floors /first story ceiling, to accommodate higher ceilings, and a new second story added. The applicant is also proposing that the detached garage be removed and replaced with an attached garage. Gundlach stated one of the issues before the Council tonight is to decide whether this would be considered an addition/remodel or a rebuild. Gundlach indicated the existing square footage and proposed square footage of the new garage /mud room is included in the Planner's report. The Planning Commission voted 4 -2 to approve the requested hardcover variance for the 75' -250' zone with the condition that additional hardcover be removed to reduce the hardcover to 30 percent and to confirm that the existing foundation is sufficient to support the proposed improvements. Sansevere inquired whether the City has received an engineering report regarding the existing foundation. • PAGE 2 of 10 • • • MINUTES OF THE ORONO CITY'COUNCIL MEETIN G Monday, April 11, 2005 7:00 ;0'cloek p.m. ( #04 -3010 Ted Capra, Continued) Gundlach stated a letter was received indicating that a further review would be necessary White inquired what the age of the house is. Gundlach stated the house was built in the 1920'9. Murphy inquired what the essence of the issue is with this application. Gundlach stated the applicant did submit a number of different proposals, with the amount of hardcover being requested varying. McMillan inquired whether the proposed garage addition is two or three stalls. Gundlach indicated the proposed garage would consist of three stalls. Murphy inquired how the hardcover could be red uced to zero in the 0 -75' zone. Gundlach indicated the applicant has agreed to remove a small shed, a stone path, and a small wall. White inquired whether the wall is supporting theIslope. Gundlach stated the City Engineer did review that area and does not feel that wall is necessary to hold the soil in place. Gundlach indicated the applicant is entitled to a stairway or other access to the lake. McMillan noted more blacktop would be required. with an attached garage but that in her view the additional driveway is needed to safely access thellot. Gundlach noted this property does not have a 250' -500' zone. Sansevere inquired why ome of the Planning Con - emission members felt this is a rebuild and not a Y g remodel. Rahn indicated he had the opinion that since the footprint is being almost doubled with the remodeling project, it should be considered a rebuild. Rahn slated in his view homeowners should not be granted additional hardcover simply because it is a remodel rather than a rebuild. Alexander stated the proposed attached garage consists of 1,543 square feet and the existing square footage of the house is 1,091 square feet. Sansevere commented he views this as a remodel and that the applicant should not be penalized for adding a garage. I PA 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2005 7:00 o'clock p.m. • ( #04 -3010 Ted Capra, Continued) Gundlach stated there is currently nothing in the code that specifies whether this should be considered a remodel or a rebuild. Sansevere noted the applicant is utilizing the existing foundation and exterior walls. Murphy pointed out the appearance of the structure is being totally changed with the remodeling project. White stated the lots in the Casco Point area vary and that this lot has issues with access due to the topography. White noted the applicant is proposing a 1,500 square foot house, which is not excessive. McMillan noted some type of variance would be needed in order to attach the garage and construct an adequate driveway. Murphy stated the applicant is willing to remove some hardcover in the 0 -75' zone and inquired whether there would be any remaining hardcover in that area. Gundlach stated City Code does allow property owners to retain a walkway down to the lake and that a section of the stone pathway could be considered access to the lake. Gundlach stated the variance request is for 32.5 percent, with the applicant indicating he is willing to reduce it to 30 percent in the 75' -250' • zone. McMillan noted the proposed driveway would consist of 1,281 square feet and that a small turnaround would be needed. Capra stated he has attempted a number of times to reduce the amount of hardcover on this lot and that in his view the size of the house is not excessive. Capra stated he would prefer an attached garage due to the Minnesota winters. Capra indicated he was able to reduce the hardcover to 30 percent on the rebuild and that he would be willing to reduce the hardcover to 30 percent with the remodel. Capra stated he would like to improve the appearance of the lot. White inquired whether the applicant would prefer to construct a new house or remodel. Capra stated he would prefer a new structure. Capra indicated the house currently is not livable and that the costs associated with remodeling are higher than constructing a new residence. Murphy inquired whether the majority of garages in the Casco Point area are attached or detached. White indicated the majority of them are attached. McMillan stated according to her figures 3,540 square feet of hardcover would be allowed, noting that the driveway accounts for 1,281 square feet. McMillan indicated she would be willing to allow hardcover in the 28 to 30 percent range given the fact that a turnaround is needed for safe exiting fiom this lot. • PAGE 4 of 10 • C] C. MINUTES 01-111E ORONO CITY COUNCIL MEETING Monday,!April 11, 2005 7:00 o'clock p.m. ( #04 -3010 Ted Capra, Continued) Capra stated he would appreciate the extra rebuild. White commented repairing an old foundation is Murphy inquired whether the applicant would with the rebuild. Gundlach stated the Council could stipulate a the plans to insure compliance rather than rea and that he would prefer the 30 percent with a an ideal situation. to reappear before the Council if he proceeds forward i din percentage of hardcover and that staff could review .r before the Council. McMillan moved, Murphy seconded, to approve Application #04 -3010, granting of a hardcover variance of 30 percent for the 75' -250' zone due to the length of the lot requiring a longer driveway and to allow the construction of a new residence and attached garage, and denial of a hardcover variance for the 0 -75' zone for the property located at 3534 Ivy Lane. VOTE: Ayes 4, Nays 0. 5. #05 -3081 ZB CONSTRUCTION, 2670 KELLEY PARKWAY (OUTLOT E, STONEBAY) RPUD — DOCUMENTS AND RESOLUTION NOS. 5299 and 5300 Arnie Zachman, ZB Construction, and Bruce Heller, Heller Design, were present. Gaffron stated the resolutions before the Council tonight grant preliminary and final plat approval and general development plan approval for PUD No. 4B, Stonebay Second Addition. Gaffron indicated the PUD No. 4B agreement and PUD /Development Contract is also before the Council. Gaffron noted final elevation views have been submitted. I The City Attorney is recommending the 1. Page GC -3 — Maintenance provision in Iten 11 on Page GC -3 of the Development Contract General Conditions has been revised to read `Developer or Homeowners Association' to ensure maintenance by the homeowners association. 2. Page AP -7/8 — Maintenance provision ideti tical to that in the Development Contract General Conditions was added as Item R on Page AP -8 of the Agreement (which is enforceable after the Developer assigns his interest to the Homeowners Association). Table of Contents — Agreement Provisions section page annotations changed from "SP -" to "AP -" to match the page numbering system. Staff recommends adoption of the documents. PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2005 7:00 o'clock p.m. • ( #05 -3081 ZB Construction, Continued) White moved, Murphy seconded, to adopt RESOLUTION NO. 5299, a Resolution Granting General Development Plan Approval for Planned Unit Development No. 4B for ZB Construction, Inc., and John Terrance Homes, LLC., File No. 05 -3081. VOTE: Ayes 4, Nays 0. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5300, a Resolution Granting Preliminary Plat Approval and Approving the Final Plat of Stonebay Second Addition, File No. 05 -3081. VOTE: Ayes 4, Nays 0. McMillan moved, Sansevere seconded, to accept the language of the PUD NO. 4B Agreement & PUD/Development Contract as revised per the. recommendations of the City Attorney outlined in the April 11, 2005 Planner's Report. VOTE: Ayes 4, Nays 0. *6. #05 -3085 JULANN HAIR FASHIONS, 3455 SHORELINE DRIVE — COMMERCIAL SITE PLAN REVIEW — RESOLUTION NO. 5301 Murphy moved, White seconded, to adopt RESOLUTION NO. 5301, a Resolution Granting Commercial Site Plan Approval and Occupancy. VOTE: Ayes 4, Nays 0. • *7. #05 -3092 MATTHEW HOFFMAN, ON BEHALF OF CAMELOT CONSTRUCTION, INC., 1225 DICKENSON STREET — VARIANCE Murphy moved, White seconded, to direct staff to draft an approval resolution granting lot width, lot area and side street setback variances to permit construction of a new residence limited to 30 percent hardcover on the property located at 1225 Dickenson Street. VOTE: Ayes 4, Nays 0. *8. #05 -3093 JEFF LINDGREN OF STREETER AND ASSOCIATES, ON BEHALF OF MICHAEL AND BERIT FRANCIS, 2995 WATERTOWN ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5302 Murphy moved, White seconded, to adopt RESOUTION NO. 5302, a Resolution Granting a Conditional Use Permit to allow plumbing within an accessory building for the property located at 2995 Watertown Road. VOTE: Ayes 4, Nays 0. is PAGE 6 of 10 • LJ 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday' IApril 11, 2005 7:00 o'clock p.m. l *9. JOINT USE DOCK LICENSES — RESOLUTION NOS. 5303 - 5310 Murphy moved, White seconded, to adopt RESOLUTION NOS. 5303 through 5310, directing staff to issue joint use dock licenses to Forest Arms homeowners Association, Carlson /Nelson /Gage, Fox Hill Homeowners Association, Walters Port Maintenance and Improvement Association, Victoria Estates, Kelly Cove Homeowners Association, Pheasant Lawn Homeowners Association, and Minnetonka Power Squadron for the period of January 1, 2005 to December 31, 2005. VOTE: Ayes 4, Nays 0. I *10. NEW JOINT USE DOCK LICENSE — Murphy moved, White seconded, to adopt RES Joint Use Dock License to Bohn's Point Lane A the Period of January 1, 2005 to December 31, *11. MARINA LICENSES Murphy moved, White seconded, to direct staff Marina East, Minnetonka Marine, Sailor's Woi appropriate conditions as noted in the staff men MAYOR/COUNCIL REPORT McMillan noted a letter was sent from the City to tl Moorse stated the City did receive a call today committed to addressing erosion and drainage the City also send a copy of the letter to Xcel. Murphy suggested getting a copy of the letter that McMillan inquired who would be responsible for Murphy stated that is an unresolved issue at the F removed and has exposed some debris that needs Pesek commented it is his understanding that the PA 'S POINT LANE — RESOLUTION NO. 5311 UTION NO. 5311, Directing Staff to Issue a eowners Subject to Conditions Noted Herein for 5. VOTE: Ayes 4, Nays 0. issue commercial marina licenses to North Shore North Shore Marina, and Wayzata Marine with . VOTE: Ayes 4, Nays 0. DNR regarding the Luce Line. Martha Reger of the DNR who indicated that Xcel is if necessary. Moorse stated Reger did request that sent to the DNR for the City's files. debris along the trail. L time, noting that the undergrowth has now been removed. is responsible for maintaining the trail. 7of10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2005 7:00 o'clock p.m. (Mayor /Council Report, Continued) • Sansevere noted the Mayor would be attending the meeting regarding Townline Road at the City of Independence on Tuesday, April 12`11 . Sansevere stated a resident has volunteered to serve as the LMCD representative. Moorse noted the appointment of an LMCD representative is on the next Council workshop agenda. PUBLIC SERVICE DIRECTOR'S REPORT *12. SPATES AVENUE LIFT STATION NO. 22 VALVES IMPROVEMENT PROJECT Murphy moved, White seconded by to accept quotation from Valley Rich Company, Inc., Chaska, Minnesota, in the amount of $6,200 for the Spates Avenue Lift Station No. 22, Valves Improvement Project, to be funded from the 2005 Sewer Fund Capital Outlay Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0. Murphy moved, White seconded, to accept quotation from Northern Dewatering, Inc., Rogers, Minnesota, in the amount. of $11,551 for the Spates Avenue Life Station No. 22, Valves Improvement Project, to be funded from the 2005 Sewer Fund Capital Outlay Budget,with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0. 3. RECOGNITION OF PAT WOLFE, PARK COMMISSIONER AND APPOINTMENT PROCESS Gappa noted Pat Wolfe was not present. Gappa recommended a motion be made accepting Wolfe's resignation and to table adopting the recognition resolution. Moorse concurred that a motion could be made accepting Wolfe's resignation fiorn the Park Commission. Murphy moved, White seconded, to accept the resignation of Pat Wolfe from the Park Commission, effective immediately, and to authorize initiating a process to fill the Park Commission vacancy. VOTE: Ayes 4, Nays 0. The City Council took no action on the Recognition Resolution for Pat Wolfe. • PAGE 8 of 10 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,!April 11, 2005 1:00 o � clock p.m. CITY ADMINISTRATOR'S REPORT *13. GOLF COURSE STAFFING Murphy moved, White seconded, to approve a sea 1) hour for the 2005 season. VOTE: Ayes 4, Nays j0. nal employee pay range of $8.10 to $8.85 per Murphy moved, White seconded, to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PE rules. VOTE: Ayes 4, Nays 0. *14. EXPENDITURE FOR AIR CIRCULATION IMPROVEMENTS FOR THE LONG LAKE FIRE STATION I Murphy moved, White seconded, to approve $3,155.00, and to fund this expenditure from VOTE:. Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None *15. LICENSES SPECIAL EVENT PERMIT 1. Applicant: Event: Location: Date: Time: Murphy moved, *20. BILLS Gear West Run/Bike/Run Orono School Grounds Sunday, May 22, 2005 8:30 a.m. — 11:00 a.m. Mite seconded, to approve Murphy moved, White seconded, to approve pad VOTE: Ayes 4, Nays 0. payment to City View Electric in the amount of Joint Fire Station Construction Fund. I Surrounding Area above listed permit. VOTE: Ayes 4, Nays 0. of the All Funds account. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2005 7:00 o'clock p.m. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council meeting of April 11, 2005, at 7:58 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 10 of 10 .o . . a • •