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HomeMy WebLinkAbout04-25-2005 Council Minutes4 A 6 MINUTES OF THE ORONO CITY G,OUNCIL MEETING Monday, April 25, 2005 • 7:00 o'clock p.m. C] •- ROLL The Council met on the above mentioned date with the following members present:; Acting Mayor Bob Sansevere; Council members Jim Murphy, IJim. White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were, City administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis, Engineer Tom Kellogg and Recorder Kristi Anderson. i� Mayor Barbara Peterson and Public Service Acting Mayor Sansevere called the meeting to Allegiance. CONSENT AGENDA 1. Approve /Amend Greg Gappa were absent. at 7:02 P.M, followed by the Pledge of Items 15, 16, 18, and 19 were added to the Consent Agenda Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. 17. RECOGNITION OF PAT WOLFE, PARK COMMISSIONER — RESOLUTION NO. 5312 Acting Mayor Sansevere recognized, via Resolution, Pat Wolfe for outstanding service and contributions to the City of Orono as a member of the Parks and Open Space Commission. White moved, McMillan seconded, to adopt RESOLUTION NO. 5312, a Resolution recognizing Pat Wolfe for his dedicated service on the Park Commission. VOTE: Ayes 4, Nays 0. APPOINTMENT 2. APPOINTMENT OF PUBLIC WORKS CE WORKER Moorse introduced Greg Fasching to the Council as the candidate recommended as the appointee for the Public Works Maintenance worker position. White moved, McMillan seconded, appointing Greg Fasching to the Public Works Maintenance Worker position effective April 20, 2005, at the level 6, step 1 pay rate of $18.04 /hour. VOTE: Ayes 4, Nays 0. 1 PAGE 1 of to MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. • PRESENTATION 3. PRESENTATION BY REPRESENTATIVE OF SOJOURNER Denise Eng, the Domestic Violence Community Program Manager for Sojourner, an organization that provides support services to women who have been victims of abuse, made a brief presentation to the Council regarding the services provided by Sojourner. Eng stated that, as a member of Sojourner, her job was to raise awareness that domestic violence is an important issue affecting all communities, not just an inner city problem, and discuss what to do about it. She sited examples of victims from the suburbs killed by domestic violence. Sojourner was established in 1979 as a community based service program and has helped as many as 600 people in 2004 through their services, and another 180 within their shelters. By-establishing relationships with police departments, such as the one with Orono since 1997, Eng stated that Sojourner can provide prosecutor and officer training, encourage arrests, help with restraining orders; and support groups. Due to critical shortages, Eng stated that Sojourner continues to build awareness of its services to encourage community volunteerism, financial support, and educate those who might be in need of the services available to victims. Acting Mayor Sansevere encouraged a proactive preventative approach by educating women and teens at schools to break the cycle of abuse and being attracted to this type of abusive person. • Eng stated that, oftentimes, an abuser puts on a public persona quite different than their abusive self and isolates their victims. She added that the leading cause of death among pregnant women is domestic violence and that violence to a spouse often leads to abuse of children. Eng maintained the necessity that everyone care and be made aware of Sojourner's Family Violence Prevention Fund as a vehicle for contribution and assistance. She noted that Sojourner makes presentations to schools and church groups to talk to teens about dating violence and city groups about services. McMillan asked how large Sojourner's staff was and what Orono could do locally. Always looking for additional volunteer members, Eng stated that, with their administrative staff, Sojourner is run by merely 13 staff members, and about 35 active volunteers. If the City knew of individuals Sojourner should connect with as a resource of any kind, Eng encouraged the city to make those individuals aware of Sojourner and have them contact Sojourner as soon as possible. Murphy thanked Eng for coming and Sojourner for their services that they provide. He recognized the enormous time and commitment that goes into their effort and noted that meth and drug abuse tends to play a role in this problem. APPROVAL OF MINUTES *4. Regular Council Meeting of April 11, 2005 White moved, Murphy seconded, to approve the Minutes of April 11, 2005, as submitted. VOTE: Ayes 4, Nays 0. PAGE 2 of 10 • ORONO CITY i Monday, 7:00 c PARK COMMISSION COMMENTS — As the Park Commission would not be report. OF THE MEETING kpril 25, 2005 clock p.m. Krogness until next week, Krogness had nothing new to PLANNING COMMISSION COMMENTS L Roland Jurgens PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT *5. #04 -3008 VALEK AND PALMER, REARRANGEMENT (RE -PLAT) — RES( Murphy moved, White seconded, to adopt approving the Plat of Valeks Saga Hill Ada 4720/4750 Tonkaview Lane. VOTE: Ayes *6. #04 -3010 TED CAPRA, 3534 IVY I TONKAVIEW LANE — LOT LINE NO. 5313 SOLUTION NO. 5313, a Resolution n, creating 3 lots where 5 lots currently exist at ays 0. — VARIANCE — RESOLUTION NO. 5314 Murphy moved, White seconded, to adopt RESOLUTION NO. 5314, a Resolution approving a hardcover variance for the 75 -250' zone at 30% hardcover and denying a 0 -75' zone hardcover variance for 3534 Ivy Place. VOTE: Ayes 4, Nays 0. 7. #05 -3074 SEAN AND MELISSA AND CONDITIONAL USE PERMIT Curtis explained that the application was tabled Engineer Tom Kellogg to review the applicants within the 75 -250' zone to remain. This area w, some retaining walls to help manage storm watc stated that it would be staff's recommendation t 75' zone for 166 s.f. or 1.46% hardcover to allo for a grassed lake access path. Staff also recomi 75 -250' zone to allow portions of an existing re as proposed by Tom Kellogg. Mr. Wambold stated that he was not in total agi reducing the retaining wall to the 942', Wambo erosion problems again in the 0 -75'. Above the be removed without problem. Again, Wambolc file with the city which would have flagged his 1379 PARK DRIVE — VARIANCE tt the March 28"' City Council meeting to allow . request to allow specific portions of the walls also shown by the neighbor as an area requiring drainage and facilitate erosion control. Curtis at approval of a hardcover variance within the 0- r portions of the existing retaining wall to remain .ends approval of a hardcover variance within the lining wall to remain to facilitate erosion control ;ement with the Engineer's conclusion. By i contended that they are opening up the area to ►42' Wambold agreed the boulders and wall could stated that as the new homeowner, nothing was on ttention that there was a violation in the first place. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. (7. #05 -3074 SEANAND MELISSA WAMBOLD,1379 PARKDRIVE, Continued) Wambold also stated that he wished to keep a portion of the new flagstone patio the previous owner had recently completed to blend in to a remodel they will be proposing this fall. Having recalled the previous conversation of March 28h, Murphy asked what portion of the wall would be allowed to remain in order to deter further erosion problems for Wambold and his neighbor. Kellogg stated that he felt most all of the wall could be removed and the entire grade regraded to a 3:1 slope up to the back of the home, or the City could require just a portion of the wall be removed. Wambold stated that since the original project took about 2 years to complete and was an annoying noisy mess to the neighbors, he was hesitant to begin a long term project that would remove 300- 400 tons of rock and dirt to regrade the entire steep yard. McMillan asked how high the wall was at the 942' level and how regrading might alleviate the erosion problems which led to the landscaping originally. • Kellogg stated that the yard would need to be replanted with deep root plants, not grass, to contain the hillside. Bill Jackson, of Jackson Landscaping, stated that they had supplied the original owner with product • for his work. Jackson stated that he directed the previous homeowner to contact surveyors and the city after he had gotten a stop work order in order to proceed. He stated that the homeowner had supposedly gotten the necessary paperwork in order once he resumed work 2 months later and hired Jackson to place the final boulders and revegetate the hillside. Jackson stated that, in his opinion, if the boulders were removed, it would be a tough hillside and slope to retain. He noted that it is a good elevation from the building pad to the lake and that much runoff would race down the slope to the lake making it difficult to maintain vegetation on the slope. Kellogg pointed out that the yard could be regraded from the walkway up to the house to obtain a 3:1 slope. He felt the question was whether the Wambold's and their neighbors would be better off if the wall remained or was removed. Rick Rusvold, Jackson Landscaping, stated that the top boulders were placed to slow the water before it hit the hillside. He stated that, previously, the water ran down the hillside like a river wiping the whole hillside away. Murphy stated that, personally, he felt the city had compromised allowing the first 30' of wall, and that he did not have an issue with the last 15' of boulders; however, he was concerned with the patio. The other Council members concurred. PAGE 4 of 10 r� LJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, ! April 25, 2005 • 7:00 ol'clock p.m. • r1 LJ (7 #05 -3074 SEANAND MELISSA � WA-MBOLD, 1379 PARK DRIVE, Continued) Wambold clarified that the lower portion of the wall could remain, while the upper be removed. With regard to the patio, Wambold stated that he would like to keep a portion of the patio to incorporate into a remodel. I Curtis stated that the allowance for the retaining walls would put the hardcover at the 75 -250' zone at 26 %. The patio would put hardcover at 29 %.! Murphy stated that the Council could not prejudge a hardcover figure for a remodel that has not been designed as of yet. McMillan concurred; stating that until the applicant knows what their plans will be the City Council cannot know what hardcover will be allowed. Murphy pointed out that, no matter what the applicant's plan is regarding a remodel or rebuild, he or his contractors may want the patio out of the;way. Acting Mayor Sansevere asked whether the the motion to allow him a window. Wambold agreed to removal of the patio and into their remodel plans this fall. should put a deadline for removal of the patio on with City staff to build at least a portion of it Murphy moved, McMillan seconded, to direct staff to draft a resolution allowing the continuance of the lower boulder retaining wall within the 0 -75' and removal of the upper wall above the 948' elevation, and denial of the hardcover request for 29% hardcover within the 75 -250' zone which would require removal of the flagstone patio. VOTE: Ayes 4, Nays 0. 8. #05 -3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST — DEVELOPMENT PLAN REVIEW Gundlach explained that the applicants were requesting a B -6 PUD General Development Plan approval, Final Plat approval in order to create 10 units and one common lot, Commercial Site Plan approval in order to obtain a building permit, and Easement Vacations in conjunction with dedication of new easements in order to construct 10 units of office condos on 10 lots and one common lot to be known as Amber Woods Office Center. Gundlach pointed out that the Planning Commission voted 7 -0 to approve the General Development Plan in accordance with the stipulations noted in the staff recommendations. 'The Commission also heard from neighbors requesting implementation of trees to the northeast corner of the site. While the Planning Commission did not incorporate this into their recommendation, the applicant agreed at the meeting to this. In addition to the staff recommendations and stipulations, Gundlach suggested the Council consider two questions posed by the neighbors; can trees be incorporated into the northeast corner of the site, can the retaining wall systems along the northerly lot line be shifted 5' south to give an additional 5' protection to the root system of the !existing trees on the Sugarwoods residential neighborhoods outlot. PAGE5of10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. (8.#05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD, Continued) Philip Carlson, of Interspace West, stated that they had brought the sidewalk in about as much as they could and still allow for a required width for handicapped access. He reiterated that he would be willing to work with neighbors to plant trees on their outlot to retain the proper `chi' — feng sui on the lot. Jackie Ricks, 2108 Sugarwoods Drive, stated that she thought the developer would be performing a treesurve_y_on the�ita — Gaffron pointed out that the City did not require the applicant to perform a tree survey, since the trees would be removed during construction. Carlson offered to give the neighbors any trees they wished to move from his site prior to construction to add additional buffer to their outlot. Mary Mileusnic, 2110 Sugarwoods, asked that the developer consider adding trees to the hillside. r1 U Dick Schommer, 2106 Sugarwoods Drive, questioned how the developer could be allowed to begin his grading 5' from the property line, when homeowners were required to stay 30' away from the lot lines. He questioned how digging so close to the lot line might affect the trees on the homeowners association outlot. Murphy asked whether the applicant would be willing to indemnify anything that dies to be • replaced. Carlson stated that they would be putting up tree protection along the lot line. He indicated also that he'd already promised to plant a large number of trees and would prefer not to go down the path of which trees were killed due to construction or natural causes. Murphy stated that it seemed to him that the developer had worked awfully hard to satisfy the neighbors, which not too many developers take the time to do. He encouraged Carlson to be mindful of the top shelf trees and keeping them populated or protected during construction. McMillan pointed out that this proposal contains 45% greenspace on a commercial site which far exceeds the 25% required by code. Murphy noted that 2 -3 parking stalls would need to be removed in order to allow the applicant space to pull back from the property line. Gaffron maintained that, as proposed, the development was not `over parked', nor could they remove additional spaces and satisfy code. Richard Apple, 2101 Sugardwoods Drive, president of the Homeowner Association, asked who would be responsible for maintenance of the landscaping. Carlson replied that, as part of the covenants, the development is. • PAGE 6of10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 • 7:00 'clock p.m. • • (8.#05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD, Continued) Acting Mayor Sansevere stated that it would be unprecedented to require a neighbor to be responsible for trees on another neighbor's property due to construction. Attorney Barrett pointed out that, if the applicant crosses the property line, then he would be trespassing and precedent is set which would make him liable for damage. Though roots, which pass under property lines, on his property do not make him liable for the health of the tree. Planning Commissioner Jurgens suggested that the residents survey their properties and trees by a forester and take measures to protect their own,trees. Acting Mayor Sansevere stated that the developer has met all of the cities requirements and that the Council has asked all that it can of the applicant. While a developer and city is limited by what the codes establish, Murphy pointed out that the Council can still encourage a cooperative relationship between the parties so that a middle ground can be found. Mileusnic indicated that the homeowners would like to take the 8 trees that their forester identified for the outlot and asked the developer if, the neighbors marked the trees, could he avoid removing them and giving the homeowners time to move `them. Carlson agreed. i McMillan stated that she was hopeful that all would work out well for both parties in this delicate situation where both parties have property rights and a balance between give and take must be struck. She encouraged the homeowners to plant a variety of differing species of trees for the best growth and buffer. White moved, McMillan seconded to direct staff to draft a resolution to approve the General Development Plan, Final Plat approval, Commercial Site Plan approval, and PUD for Amber Woods Office Center at 2060 Wayzata Boulevard West acknowledging the developers willingness to plant trees on the Sugarwoods homeowners association outlot and move marked trees from the site to the outlot. VOTE: Ayes 4, Nays 0. *9. #05 -3086 PHILIP ORDWAY, 1145,,SIXTH AVENUE NORTH — VARIANCE — RESOLUTION NO. 5315 1 Murphy moved, White seconded, to adopt RESOLUTION NO. 5315, a Resolution granting bluff impact zone, bluff setback, and average setback variances per the revised site plan, and subject to staff recommendations to construct a new home at 1145 Sixth Avenue North. VOTE: Ayes 4, nays 0 PAGE 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. *10. #05 -3089 THEODORE AND DEBORAH ROZEBOOM, 2967 CASCO POINT ROAD — VARIANCE — RESOLUTION NO. 5316 Murphy moved, White seconded, to adopt RESOLUTION NO. 5316, a Resolution granting an average lakeshore setback variance, a 250 -500' zone hardcover variance, and a building - 'io- building setback variances for 2967 Casco Point Road. VOTE: Ayes 4, Nays 0 • *11. #05 -3092 MATHEW HOFMANN, ON BEHALF OF CAMELOT rn.NSTRUCT.ION,INC., 1225 -DI - EENSON- S-TREET-= V-ARL4,N.CE.. = RESOLUTION N0. - 5317 Murphy moved, White seconded, to adopt RESOLUTION NO. 5317, a Resolution granting lot width, lot area, and side street setback variances for 1225 Dickinson Street. VOTE: Ayes 4, Nays 0. *12. #05 -3099 MARY AND MARNIX GUILLAUME, 3060 NORTH SHORE DRIVE — VARIANCE — RESOLUTION NO. 5318 Murphy moved, White seconded, to adopt RESOLUTION NO. 5318, a Resolution granting 0- 75' and 75 -250' zone hardcover variances and a lake'setback variance for 3060 North Shore Drive. VOTE: Ayes 4, Nays 0. *13. #05 -3101 JON AND JANE SCHWARTZMAN, 425 OXFORD ROAD — • VARIANCE — RESOLUTION NO. 5319 Murphy moved, White seconded, to adopt RESOLUTION NO. 5319, a Resolution granting an average lakeshore setback variance for 425 Oxford Road to construct an in- ground pool on the site. VOTE: Ayes 4, Nays 0. *14. #2461 BRYSON AND JOHNSON, 650- 660 - 670 -680 BIG ISLAND —LOT LINE REARRANGEMENT — EXTENSION OF EFFECTIVE PERIOD OF APPROVAL — RESOLUTION NO. 5320 Murphy moved, White seconded, to adopt RESOLUTION NO. 5320, a Resolution approving an extension of the effective period of subdivision approval to October 22, 2005. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT Murphy stated that members of the City Council and City staff would be going to the State Capital Tuesday for a meeting with the Veterans, real estate agents, and representatives. He encouraged council members to avoid any negotiations or providing definitive answers regarding the Vet's Camp site and instead express appreciation to all sides. Attorney Barrett stated that several issues with regard to the transfer of title may take up to several months to clear up. White asked whether the city had replied to a letter from the Citizens for a Concerned Navarre. • PAGE 8 of 10 -). • • ORONO CITY Monday; 7:00 (MAYORICITY COUNCIL REPORT, 'ES OF THE ; OUNCIL MEETING April 25, 2005 'clock p.m. Gaffron indicated that the city was formulating, a response to the letter at this time. Acting Mayor Sansevere stated that the citizens" group should be directed to the website on Fridays before Council meetings for information; just as any other private citizen is directed each month. McMillan asked what the date for the reconvening of the Board of Review would be. Moorse stated that he would contact the Murphy stated that he would like to be next 1 -2 years. PUBLIC SERVICE DIRECTOR'S CITY ADMINISTRATOR'S REPORT *15. PLANNING COMMISSION il members about a date next week. with a list of road maintenance and repairs for the Murphy moved, White seconded, to reappoint Marc Fritzler, Cynthia Bremer, and Travis Winkey each to an additional three year term on the Planning Commission, expiring on March 31, 2008. VOTE: Ayes 4, Nays 0 *16. APPOINTMENT OF ISTS PROGRAM MANAGER Murphy moved, White seconded, to appoint William Gibbs to the ISTSBuilding Inspector position, effective May 16, 2005, at Level 2, step I of the Supervisory /Administrative pay schedule, which is $45,100. VOTE: Ayes 4, Nays 0. 17. RECOGNITION OF PAT WOLFE, PARK COMMISSIONER — RESOLUTION NO. - Moved to the front of the agenda. *18. DISPOSAL OF EXCESS, UNCLAIMED AND ABANDONED PROPERTY Murphy moved, White seconded, to dispose of excess, unclaimed, abandoned property through silent auction, charitable donation, and disposal as proposed by staff. VOTE: Ayes 4, Nays 0. *19. PURCHASE OF MEDICAL STATION/RESCUE VEHICLE Murphy moved, White seconded, to approve Navarre Fire Station/Rescue Vehicle in an at 0. CITY ATTORNEY'S REPORT - Attorney FOR NAVARRE FIRE purchase of medical supplies for the at not to exceed $6,000. VOTE: Ayes 4, Nays had nothing to report. PAGE 9 of 1 o MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. • *20. LICENSES SALE AND /OR STORAGE OF CONSUMER FIREWORKS 1. Applicant: Todd Anderson/Snyder Drugstore Location: Snyder Drugstore — 2380 Shadywood Date: June and July, 2005 Time: Monday - Friday, 9:00 am- 9:00 pm satirrday., 9.00 am — 2-no pm Sunday, 10:00 am — 6:00 pm Murphy moved, White seconded, to approve all Licenses and Permits. VOTE: Ayes 4, Nays 0. *21. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0 ADJOURNMENT Acting Mayor Sansevere moved, Murphy seconded, to adjourn the Orono City Council Meeting of April 25, 2005 at 9:10 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 10 of to Barbara •