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HomeMy WebLinkAbout06-13-2005 Council Minutest s MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 • 7:00 o'clo k p.m. ROLL • The Council met on the above - mentioned date with th Peterson; Council Members Jim Murphy, Jim White a Representing Staff were City Administrator Ron Mooi Melanie Curtis and Janice Gundlach, Engineer Tom K Recorder Jackie Young. Council Member Bob Sansevere was absent. Mayor Peterson called the meeting to order at 7:02 CONSENT AGENDA 1. APPROVE /AMEND Items 4. 6. 11. 12, 13, 14, 15, 17, 18, and 19 were Murphy moved, White seconded, to approve VOTE: Ayes 4, Nays 0. PRESENTATION 2. NORTH HENNEPIN MEDIATION This item follows Item No. 10. APPROVAL OF MINUTES following members present: Mayor Barbara d Lili McMillan; City Attorney Thomas Barrett; e, Planning Director Mike Gaffron, Planners llogg, Public Service Director Greg Gappa, and followed by the Pledge of Allegiance. to the Consent Agenda. Agenda as amended. *3. • REGULAR COUNCIL MEETING OF MAY 23, 2005 Murphy moved, Peterson seconded, to approve ti meeting of May 23, 2005, as submitted. VOTE: E PARK COMMISSION COMMENTS — Charles I No representative was present. PLANNING COMMISSION COMMENTS — Winkey stated he had nothing to report but would minutes of the Regular Orono City Council ,es 4, Nays 0. Representative ivis Winkey, Representative available for questions. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING ` Monday, June 13, 2005 7:00 o'clock p.m. • PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *4. #05 -3102 KATHRYN ALEXANDER ON BEHALF OF J. SVEN GUSTAFSON, 920 BROWN ROAD SOUTH — VARIANCE — RESOLUTION NO. 5329 Murphy moved, White seconded, to adopt RESOLUTION NO. 5329, a Resolution granting approval of lot area and lot width variances and approval of side setbacks of 20 feet on each side for the property located at 920 Brown Road South. VOTE: Ayes 4, Nays 0. *5. #05 -3108 GARY AND LYNN CHRISTENSEN, 3560 IVY PLACE — VARIANCE — RESOLUTION NO. 5330 Murphy moved, White seconded, to adopt RESOLUTION NO. 5330, a Resolution granting hardcover, side and lake setback variances for the property located at 3560 Ivy Place. • VOTE: Ayes 4, Nays 0. *6. #05 -3109 NAVARRE CONGREGATION OF JEHOVAH'S WITNESSES, 3655 TOGO ROAD — CONDITIONAL USE PERMIT AND VARIANCES — RESOLUTION NO. 5331 Murphy moved, White seconded, to adopt RESOLUTION NO. 5331, a Resolution granting a conditional use permit and hardcover and sign variances for the property located at 3655 Togo Road. VOTE: Ayes 4, Nays 0. 7. #05 -3110 THOMAS AND SHEILA BROWNE, 760 BROWN ROAD SOUTH — VARIANCE Thomas Browne, Applicant, was present. Curtis stated the applicants' property is located on Tanager Lake, which has been classified by the DNR as a recreational development lake requiring a 100 -foot structure setback. The applicants would like to construct a window dormer for added space and safety in an existing second story bathroom. In addition, the applicants would like to construct a small garage addition to the north of their attached garage. Curtis noted the entire home is located within the 100 -foot structure setback and any building envelope expansion would require a lake setback variance. El PAGE 2 r 1 LJ • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. ( #05 -3110 Thomas and Sheila Browne, The Planning Commission voted 4 -2 to recommend construct a second story dormer but recommended c order to construct the garage addition. The dissentii smaller garage addition with some additional hardcc Curtis stated the applicant is proposing a smaller Planning Staff recommends approval of the lake se dormer not extending outside the existing home f6 of the lake setback and hardcover variances for the hardship exists with respect to the revised garage a discussed. Browne addressed the Council concerning the ration approved if there are health or safety issues, traffic c public safety, and the effect on values of property in for approval where strict enforcement would cause L the individual property. Browne indicated his property is unique. At the tin marshland. Browne stated the house was approxim made to the house over the years complied with Cit a multi - million dollar house on this lot. In 1992, th lake. Browne indicated in his opinion there is no u; construct a garage addition over existing hardcover house. Browne noted the house is fully guttered, with the the grass area before it enters the marshland. Bro) granted in the past by the Council, he should be gi Murphy indicated he did visit this site and inquired garage addition. Curtis indicated the garage addition would not incri with the revised proposal is requesting a 14' by 19' the applicant is also proposing some additional harc Murphy inquired what the rationale was for the two the reduction in the size of the garage addition. Winkey stated the three primary issues were the pot close proximity of one corner of the garage to the w commission members felt that a bigger reduction in were approved. P of the lake setback variance in order to [ial of the lake setback and hardcover variances in Commissioners stated they would be in favor of a ;r removals. garage with some additional hardcover removals. ick variance in order to construct the second floor ,rint. Planning Staff, however, recommends denial xage addition. Should the Council find that a ition, appropriate hardcover removals should be for requesting variances, noting that they are .itions, light and air, danger of fire, risk to the area. Browne noted variances are recommended ie hardship because of circumstances unique to it was purchased in 1977, it was considered tely 1000 square feet and that the improvements he 's regulations and that he did not attempt to construct DNR changed the classification from marshland to a ;able lake area. Browne stated he would like to nd that he is not requesting a major addition to his ority of the runoff being diverted to the road and/or stated in light of the other approvals that have been the right to add a stall to his garage. the total square footage would be with the the hardcover on the lot and that the applicant ige rather than an 18' by 20' garage. Curtis noted er removals on the north side. Commission members for recommending 1 massing, the encroachment on the lake, and the d. Winkey stated some of the planning cover would be appropriate if the garage addition MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. ( #05 -3110 Thomas and Sheila Browne, Continued) McMillan inquired why the garage is angled. Browne stated it is a design issue and that the lot does drop off down to the wetland. Gaffron noted the garage addition would add approximately 230 square feet of structure. McMillan inquired whether there is any issue with structural coverage on this lot. Gaffron indicated there is not. White concurred that the site is unique and that the applicant is not proposing a major addition. McMillan inquired whether there would be sufficient room to back a vehicle out. Browne stated there would be enough room. Murphy stated he does not see the need to remove the stones to help mitigate the hardcover. • Browne stated the stones help to outline the edge of the dropoff. Browne indicated he does not have a full basement and that he would like to have the additional garage space for storage and in order to park an • additional vehicle. Curtis stated in her opinion if the amount of structure in only the area above the 929.4' elevation is considered, it could be perceived as massing, but that if the entire lot is taken into consideration, there is not an issue with massing. McMillan inquired whether the applicant would like to retain the blacktop to the right of the garage. Browne stated he is planning to remove that blacktop. Murphy noted this addition is not visible to the neighbors or the road. Murphy moved, White seconded, to direct Staff to draft a resolution reflecting approval of the garage addition and dormer for the property located at 760 Brown Road South, subject to the additional hardcover removals proposed by the applicant, with the understanding the stones would be allowed to remain. VOTE: Ayes 4, Nays 0. 8. #05 -3111 WATER STREET HOMES, LCC ON BEHALF OF RANDALL AND SARA HOGAN, 2260 FOX STREET — CONDITIONAL USE PERMIT AND VARIANCES Rick Carlson, Water Street Homes, was present. PAGE 4 • • • • ORONO CITY C( Monday, J 7:00 o'c ( #05 -3111 Water Street Homes, Continued) OF THE NCIL MEETING 13, 2005 . p.m. Gaffron stated the applicants are proposing to construct a detached accessory structure for the storage of collector vehicles, with a number of variances being requested. The applicants are proposing the accessory structure be located nearer the front or street lot line than the principal residence structure and a variance to the allowed footprint area for an oversize accessory structure. The property, not including the separate outlot driveway corridor, is about 2.7 acres, which would allow an accessory structure with a footprint of 1,200 square feet. If the total area of the lot and outlot, including wetland, is used in the calculation, the lot at,4.985 acres would allow a 2,000 square foot footprint..The total buried and above ground footprint of the proposed building as reported by the applicant is 3,310 square feet, with 1,426 square feet being located above ground. Gaffron noted the City's code does not address whether the outlot should be included. In addition, the applicants are also requesting a conditional use permit for plumbing in an accessory structure that includes a toilet. Gaffron stated the site is limited due to the topograp reason for constructing the structure in the proposed wetlands located on this property and that the applic wetland. Gaffron noted Orono's wetland moratorim feet of the wetland. Gaffron stated one corner of the wetland. Gaffron stated due to the moratorium, the affects wetlands. Gaffron indicated the Planning Commission review the visual aspect of the building, with the applicant based on the concerns raised by the Planning Comrr structure slightly further to the east, which provides Gaffron noted the Planning Commission also raised applicant is now proposing some retaining walls an( Gaffron stated the main issue is the proximity to the subject to the wetland moratorium. Gaffron indicat( 26 -feet from the wetland, they would not be subject Gaffron stated the Planning Commission had some with the applicants indicating they are willing to pl Council on the property to limit the future use of th Murphy inquired whether there is a hardship to Gaffron stated from Staff's perspective there is not are some mitigating factors that reduce the visual a building could be built which would comply with t. Murphy noted the lot is very isolated from the neigl conditional use permit would be appropriate for the and the location of a septic site, which is the )cation. Gaffron pointed out there are some its are proposing a 16 -foot setback from one prohibits alteration of wetlands or lands within 26 proposed structure is located within 26 feet of the )uncil is not able to approve any application that i this application and spent some time considering aving submitted some revisions to the original plan ssion. The applicant is now proposing to locate the greater separation between the two buildings. ome concerns regarding the drainage and the some minor grade changes. etland and whether,this application would be if the applicant is able to locate the structure the moratorium. mcerns regarding the future use of this structure, e covenants or other restrictions requested by the structure. the variance. hardship for the size of the structure but that there I future use concerns. Gaffron stated a smaller codes. PAGE 5 properties. Murphy inquired whether a -d structure. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. • (05 -3111 Water Street Homes, Continued) Gaffron stated there are risks associated with granting a conditional use permit and that conditions can be placed on the property to address any concerns the Council may have. Gaffron indicated a situation could arise that the conditions do not address. McMillan commented the enforcement of the conditional use permit would be another issue. Murphy stated in his view it is a remarkable use of the property and that the applicants have taken great . steps to design it to fit the land. Murphy inquired how this structure could be redesigned so it would not fall under the wetland moratorium. Gaffron inquired whether the building could be shifted without having other major impacts on the site. Carlson inquired what setback they would need to meet. Gaffron stated the moratorium requires a 26 -foot setback from the edge of the wetland. Gaffron indicated the moratorium covers any wetland that has been identified under the federal wetland delineations and that any structure that is located within that 26 -foot buffer would be affected by the moratorium. Carlson stated the building would need to be redesigned if they are required to meet the 26 -foot buffer. Carlson stated the hardship in this case deals with the intent of the ordinances and why they are drafted , and that the ordinances do not address every situation. Carlson pointed out there is an outlot located in the front and that the entire square footage of the property should be counted. Carlson stated the outlot is owned by the property owners and there is no shared access over the outlot. Carlson stated if the entire amount of land owned by the applicants is taken into account, a variance would not be required, and that the strict interpretation of the ordinance creates a hardship. Carlson stated they are able to meet the spirit and intent of the ordinance by constructing two separate structures, each consisting of 1200 square feet, which would not be as aesthetically pleasing as what is being proposed. Carlson stated they have attempted to create an aesthetically pleasing structure that would add value to the lot, limit the visual impact to the neighbors and to the property owner, and also meet the spirit and intent of the code. Carlson agreed they would need to address the issue with the wetlands. Barrett stated he is in agreement with staff that the moratorium does apply to this property and that no portion of the structure can be constructed within that 26 -foot buffer while the moratorium is in effect. Carlson inquired how long the moratorium is in effect. Gaffron stated the moratorium expires in October but that the City would likely adopt stricter regulations concerning wetlands once the moratorium is up. Carlson stated they would be able to meet the 26 -foot buffer by reducing the amount of square footage of the structure. Carlson requested that they be allowed to submit a revised drawing that meets the 26 -foot • PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 • 7:00 o'clock p.m. • • ( #05 -3111 Water Street Homes, Continued) buffer as a condition of approval. Carlson noted the underground. Gaffron inquired whether the driveway could be Carlson stated the property owners would prefer not of square footage of the lower level................ Murphy inquired whether all variances are Barrett indicated they are. that falls within the 26 -foot setback is located slightly. relocate the driveway but rather reduce the amount on a hardship. Gaffron stated the variance language in part reads as follows: `Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter." Gaffron stated a hardship needs to be demonstrated and a showing that they are keeping with the spirit of the code. Gaffron indicated a number of variances have been granted throughout the city and that the type and degree of hardship varies from application to application. Murphy stated one solution is to construct two structures above ground, which may not be the best solution. White commented that the proposed plan looks aesthetically pleasing and makes sense for this lot. McMillan inquired whether the City has other two -story accessory structures where the below grade level has different footprints. Gaffron indicated this type of design is unusual for the City and that Staff has not determined how much fill depth is necessary for an area not to be determined as hardcover. White stated he prefers this proposal rather than two McMillan stated the issue then becomes what the Carlson stated the configuration of the lot is a the ordinance. McMillan noted there is a fair amount of wetlands buildable land. Murphy inquired how the current footprint is calcula buildings. footage should be of the one structure. and that the design meets the spirit and intent of this property that reduces the amount of dry PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. • ( #05 -3111 Water Street Homes, Continued) Gafron stated every portion that has foundation and floor has been included but that the second story is not counted as additional footprint. Murphy inquired why the underground garage portion is included in the footprint. Gaffron stated it is considered structure from a building code perspective. Gaffron stated the two main _. ...... reasons for the oversize accessory structure ordinance deals with.the appearance of the structure and.the .._............. future use of the structure. White stated he is willing to agree to a smaller footprint because a portion of the building is located underground. Murphy inquired what the City was attempting to accomplish with the oversized accessory structure ordinance. Gaffron stated the ordinance addresses the size of the building and the total number of square feet that could be constructed on a lot, with the future use of the structure also being a concern. Murphy inquired whether the lower level could be considered a second building. McMillan noted they are requesting more than what is allowed for this size lot. • Carlson stated the variance is necessary if the outlot is not considered in the calculation for land area. Gaffron stated the ordinance does not address whether an outlot and/or wetlands should be included in the calculation of land area. Gaffron stated if the Council concludes that the primary reason for the ordinance is the visual impact and that the wetlands are a mitigating factor, the Council could find justification for granting a variance. Carlson inquired whether the outlot could be combined. Gaffron stated normally the City does not give credit for outlots. Gaffron stated this portion of the property was platted as an outlot in order to achieve a 200 -foot lot width along Fox Street. Barrett stated as a condition of the variance, it would be necessary for the property owner to agree that the two lots would be held in common and exclusive ownership. Carlson stated that would not be a problem. Barrett inquired whether another driveway access would be granted onto Fox. Carlson indicated no, noting that the outlot can only serve this property. Gaffron concurred that there is no other property that could be served by the outlot. Gaffron stated the • question then becomes whether wetlands should be included in the calculation for land area. PAGE 8 • n U • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. ( #05 -3111 Water Street Homes, Continued) Carlson stated if the outlot is included, they are Peterson noted the applicant has indicated they are the total amount of footprint allowed. to comply with the 26 -foot buffer as well. White moved, Peterson seconded, to direct staff to draft a resolution granting a variance for an accessory structure to be located nearer the front or street lot line than the principal residence structure, subject to the condition that a revised plan be submitted depicting the reduction in square footage, and further subject to the condition that a covenant will be placed on the property restricting the future use of this structure, and granting of a conditional use permit for plumbing in an accessory structure that includes a toilet for the property located at 2260 Fox Street. McMillan inquired whether a holding tank would be Carlson stated they are willing to install a holding VOTE: Ayes 4, Nays 0. 9. #05 -3114 PETER J. BOYER ON BEHA 3145 NORTH SHORE DRIVE — VARIANCES Peter Boyer, Sever and Sharon Peterson, Applicants, present. Curtis stated the applicants are requesting variances 28 percent, and average lake setback in order to buil, from the neighboring property owners for additional of these letters reference an "ordinance change" rege accounts for this hardcover. Curtis indicated there h calculation of this hardcover for shared driveways, b who is accountable for what portions. Curtis stated 1 driveway the property owner benefits from shall be i while the remaining hardcover not benefiting that pr completely removed from the hardcover analysis. The Planning Commission voted 6 -0 to recommend variances but recommended denial of the 75' -250' 1 single - family residence. Staff recommends approval of the lot width and hardcover variance consistent with the Planning The Applicants had nothing to add to staff's report. if Staff so requests. OF SEVER AND SHARON PETERSON, Jim McNeil, Formation Architects, were lot width, hardcover within the 75' -250' zone of a new single- family residence. Letters of support 5' -250' hardcover are attached as Exhibit B. Both ling the shared driveway and how the City then never been a formal ordinance regarding t rather a policy has been established to determine e policy states that the portion of the shared -luded in the property's hardcover calculation, )erty owner and underlying square footage are both of the lot width and average lake setback variance in order to construct a new lake setback variances and denial of the ;sion recommendation. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. ( #05 -3114 Sever and Sharon Peterson, Continued) Murphy inquired what is necessary to reduce the hardcover to 25 percent. Gaffron illustrated the portion of the driveway that is not necessary to access this property, noting that that hardcover amount has not been included in the calculation. Gaffron stated one option discussed at the Planning Commission was turning that section of the property into an outlot. Gaffron stated the policy could be forcing the property owners into a hardship situation. Gaffron stated if that portion of the property was considered an outlot, the amount of hardcover with this proposal would be calculated at 21 percent. McNeil pointed out their proposal reduces the amount of hardcover to 27.4 percent on the property from 32.7 percent hardcover. McNeil noted that a large portion of the driveway does not need to be used by the Petersons, and that if the driveway were reduced to nine feet wide, they would be below the 25 percent hardcover limit. McNeil stated they are willing to reduce a portion of the driveway and that they are asking the Council to review the policy and only count the driveway as being nine feet in width in determining this property owner's hardcover calculation. Murphy inquired what the actual hardcover on this lot would be if everything is counted. • Gaffron stated it would be 27.4 percent. Gaffron indicated if the shared driveway portion is removed, the • hardcover would be approximately 21 percent. Mr. Peterson stated they feel it is an unfair burden to have to include the extra width of the driveway in their hardcover calculation that is required as part of a shared driveway. Peterson noted the lagoon also should be considered a hardship in the need for an average lake setback variance. Gaffron stated the lagoon does impact this property. Peterson stated the lagoon was artificially created and has caused a hardship. Murphy inquired whether the house footprint could be reduced another three percent. O'Neil indicated they have reduced the hardcover on the lot with their proposal and that if they are required to reduce the footprint by another three percent, they would be left with a house that is smaller than what currently exists. O'Neil noted they are also improving the sight lines for some of the neighbors with their proposal. O'Neil stated they could avoid the need for a variance by reducing the driveway by seven feet but that it might be a policy issue. Murphy stated in his opinion given the number of homes that utilize this driveway, it should probably be considered a road. Murphy noted the amount of hardcover on this lot is being reduced with the applicants' proposal. • PAGE 10 n U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, J 7:00 o'c ( #05 -3114 Sever and Sharon Peterson, Continued) McMillan stated in her view some credit should be being located on their property. Murphy moved, White seconded, to direct Staff to 05 -3114, Sever and Sharon Peterson, 3145 North S average lakeshore setback and hardcover at 28 pei given to the applicants for the shared driveway. Gaffron stated in his opinion there is justification for driveway situation. VOTE: Ayes 4, Nays 0. 10. JACK AND KAKI OLSON, 1966 Jack Olson, 1966 Shadywood Road, was present. 13, 2005 p.m. to the applicants for a majority of the driveway a resolution approving Application No. Drive, granting of variances to lot width, with the understanding that credit is being the additional hardcover given the shared ROAD — INQUIRY • Curtis noted the Council in May 2005 approved a Resolution granting setback, hardcover, and lot coverage variances to allow the construction of a 441 square foot detached one -story garage. The property owners are now asking the council to examine the possibility of constructing an attached garage, with the same footprint that was approved in May. The applicants are proposing to attach a two -story 20' by 22' garage to the house and eliminate the five - I foot separation between the buildings. Staff feels the new request will require a new application as the previous application has been closed with the resolution approval at the last Council meeting. If the Council determines that a two -story attached garage proposal may have some merit, Staff would direct the applicants to make a new application for review by the Planning Commission. Staff further feels that a minimal two -story attached existing house would make use of the space within t space, would allow for better on site parking and we as viewed from the channel. Curtis noted a 230 squ limit for this property. White stated in his opinion the two -story attached Olson concurred, noting he has spoken with several garage. Gaffron stated Staff in the past was attempting to li Gaffron recommended the applicants consider redu • percent structural coverage and utilizing part of the rage that adds approximately 230 square feet to the existing residence, would create additional living i limit the visual impact of the additional structure foot addition would be within the lot coverage makes more sense. who have recommended the attached this property to the 15 percent structural coverage. g the size of the addition to stay within the 15 isting house for garage. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. • (Jack and Kari Olson, Continued) Peterson noted the applicant would need to submit a new application if he wishes to proceed forward with an attached garage. McMillan pointed out the applicant would probably need to comply with the 15 percent structural coverage limit if a new application is submitted. Gaffron noted a portion of the living space on the lower level would need to be converted into garage space. Olson stated that portion includes a kitchen and a bathroom and they are not in a financial position to remodel that at this time. Murphy stated it was his understanding they had proposed a detached garage because of the costs associated with attaching the garage. Olson stated they are simply moving the garage over. Curtis stated the Council had previously approved the structural coverage at 1711 square feet, with the structural coverage on this lot currently being approximately 1200 square feet. Curtis stated the detached garage consists of 441 square feet. • McMillan pointed out there is more massing on the lot with the attached garage. McMillan noted there was no restriction put on the approval for adding a second story to the detached garage. Gaffron stated in his opinion a second story would need to be reviewed since it would be located within 75 feet of the lake. Gaffron displayed the design that was previously approved. Gaffron stated a new application would need to be submitted if a second story is added to the detached garage. Curtis noted the approval did not include the dormers that are depicted on the drawing. Olson indicated his surveyor included the dormers on the garage for aesthetic reasons. Peterson stated total hardcover on the lot after construction of the garage and some blacktop removals would be at 43 percent. Curtis stated the applicant would be constructing the garage over existing hardcover. Curtis inquired how the hardcover was reduced from 48 to 43 percent as shown on the updated survey. Olson stated he instructed the surveyor to relocate the detached garage next to the house and that he is unsure why the hardcover number changed. Curtis inquired whether the applicant is proposing any further hardcover removals. Olson stated he is not. PAGE 12 • 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. (Jack and Kari Olson, Continued) Peterson stated the applicant is looking for direction on whether this concept would be approved by the city. I White stated they are not able to approve something that the Planning Commission has not reviewed. g pp g i see whether the Council would be opposed to the long rather than two buildings.. t were looking t Moorse stated it appears that the Council is fine with, attaching the garage but that they would prefer to have some input from the Planning Commission and whether the amount of structural coverage should be reduced. Murphy pointed out the applicant's detached garage was approved and that he does have the option of bringing a new application before the Planning Commission to get their input on the new design. Murphy indicated he would have trouble supporting the new proposal given the amount of massing on the lot. Olson stated everyone he has spoken to have indicated that they prefer the garage attached due to appearance and the fact that there would be water runoff between the two structures. Olson stated he would like to know whether this proposal is a viable, option. White stated if the applicants can meet the 15 percent structural coverage, it probably would be approved. White suggested the applicant speak with Staff and with his builder to see whether some modifications could be made to the plan in order to comply with tie 15 percent. Murphy stated if the ten feet difference between the Lo is the kitchen and the bathroom, it might not be worth it. I Olson stated it is not an option for him to relocate Gaffron stated the roofline for the detached garage Murphy stated the garage could be turned the other Peterson suggested the applicant speak with Staff the appearance of massing on the lot if the garage White indicated he prefers the attached garage The City Council took no formal action on this kitchen and bathroom. match the rooflne for the house. to achieve the look of two different buildings. -ther on this proposal, but that she has an issue with attached. than two separate structures. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. PRESENTATION 2. NORTH HENNEPIN MEDIATION PROGRAM Murphy moved, Peterson seconded, to approve funding for North Hennepin Mediation, Inc., in the amount of $3,000. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT McMillan stated she has reviewed the LMCD budget, noting that a six percent increase is being proposed for Orono, which amounts to $3,680. McMillan stated the LMCD would approve the budget July I", and recommended that some guidance be given on the budget. White indicated he is in favor of the increase. Moorse stated he has not reviewed the budget in detail but noted that the LMCD is proposing to use fewer reserves this year. • McMillan stated the LMCD could use the Save the Lake money to deal with the zebra mussels. • Murphy inquired how much is in the Save the Lake fund. McMillan stated there is approximately $230,000 currently in that fund. McMillan pointed out they are only able to use the interest and not the principal. McMillan stated two citizens along County Road 6 have contacted her recently regarding an increase in the amount of people fishing along the east end of Long Lake Road. The citizens raised concerns regarding the safety of children and other people in that area given the parking on the side of the road, the narrow road and the blind curve. Murphy stated he also has received a call regarding this situation. Gappa stated he has spoken with the police department regarding the placement of signs in that area warning drivers of pedestrians ahead. McMillan suggested that "no parking" signs be placed in this area. Moorse inquired whether a fishing pier should be installed in that area. McMillan stated there could be a problem accessing the pier. McMillan suggested the police department review the situation on a weekend and make some recommendations. McMillan stated she is in support of researching the Life Line. PAGE 14 • • • i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. (Mayor /Council Report, Continued) Murphy indicated he is in support of the new White inquired whether the park tour was successful result of the storm that went through Orono recently. McMillan stated she is happy with the purchase of improvements to the Navarre Park........ ... .. .. Murphy stated the tour was productive. Moorse stated to his understanding Casco Point Gappa stated the Public Works Department would lik keep up with the demands placed on sewer lift statior, of residents now have their own generators and sugge city newsletter regarding water usage during power o Peterson inquired about the mowing at Crystal Bay Gappa stated he did speak with the mowing rains. gy whether the City encountered any problems as a additional land next to Navarre Park and the the brunt of the storm. to purchase some additional generators in order to during power outages. Gappa stated a fair number ted that the City include some articles in the next who indicated he is behind schedule due to the Peterson stated the park should be mowed more oftenthan every ten days. Murphy noted May Street is scheduled to be closed Monday. Murphy expressed a concern that a large number of residents would try to go south on either Brown Road or other streets, and inquired whether the police chief has been notified of the potential situation. Moorse stated a letter has been sent to the County. Murphy stated Long Lake and Orono have agreed to have a shuttle bus available on Monday morning at St. George's Church that would circle its way around the lower part of Long Lake to pick up pedestrians from the south side and drive them to the north side. Murphy indicated this information would be distributed to the residents via cable television and newspapers. Murphy stated they are seeking donations to help keep the shuttle bus running for the next three months. Murphy indicated by closing May Street, they are ant. Road would be opened a year earlier than originally p Murphy stated a meeting was held between repres( Three River Parks, and the Hennepin County Rail process for constructing a trail on Dakota Line. M would be started in 2006. Murphy noted there has Line. that Brown Road and Old Crystal Bay yes of the cities affected by the Dakota Trail, irity regarding the planning and decision making indicated it is expected that the trail, if approved, some opposition to the trail along the Dakota PAGE 15 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. PUBLIC SERVICE DIRECTOR'S REPORT 11. AWARD CONTRACT FOR NAVARRE WATER TOWER REPAINTING Murphy moved, White seconded, to award a contract for the Navarre Water Rehabilitation Project to Classic Protective Coatings, Menomonie, Wisconsin; award to include both the Base Bid and Alternate No. 1, in the amount of $207,231.00, to be funded from the Water Fund 2005 Capital . ,.._ . . Budget. VOTE: Ayes 4, Nays 0. *12. AWARD CONTRACT FOR HIGHWAY 12 SANITARY SEWER PIPE BURSTING Murphy moved, White seconded, to award a contract for the Highway 12 Sanitary Sewer Pipe Bursting Project to Push Construction, Inc., Rice Lake, Wisconsin, in the amount of $47,740.00 for the Base Bid and $2,500.00 for Alternate No. 1, to be funded from the Sewer Fund with a budget adjustment to the 2005 Sewer Fund Capital Budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *13. WAYZATA FIRE SERVICE AGREEMENT Murphy moved, White seconded, to approve the 2005 Wayzata Fire Service Contract with the City of Wayzata. VOTE: Ayes 4, Nays 0. Murphy moved, White seconded, to approve payment for fire protection services for the first half of 2005 in the amount of $11,980.00. VOTE: Ayes 4, Nays 0. *14. LONG LAKE FIRE STATION INVOICE Murphy moved, White seconded, to approve the payment of $5,000 to Diversified Coating for the epoxy floor upgrade, to be paid from the Joint Fire Station Construction Fund. VOTE: Ayes 4, Nays 0. *15. ACCEPT DONATION FOR POLICE RESERVES 0 r� U Murphy moved, White seconded, to accept a $30 donation on behalf of the Orono Police Reserves. • VOTE: Ayes 4, Nays 0. PAGE 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. 16. URBAN HENNEPIN COUNTY JOINT COOPERATIVE AGREEMENT (CDBG) FOR FISCAL YEAR 2006 -2008 — RESOLUTION NO. 5332 McMillan inquired whether this is the same joint Moorse indicated it is a renewal of the prior McMillan moved, Peterson seconded, to adopt RI the Execution of a Joint Cooperation Agreement 1 for Participation in the Urban Hennepin County I in Fiscal Year 2006 -2008. VOTE: Ayes 4, Nays 0 *17. NO ASSESSMENTS FOR TOWNLINE NO. 5333 Murphy moved, White seconded, to adopt RESC No Portion of the Costs of Improvements to Tow • Area Property Owners. VOTE: Ayes 4, Nays 0. *18. BIG ISLAND VETERANS CAMP — STE Murphy moved, White seconded, to adopt I City of Orono to Submit Information to the Development and to Enter into a Grant Agr of the Big Island Veterans Camp Property. *19. HIRE FULL -TIME COMMUNITY SER agreement as what was proposed last year. ION NO. 5332, a Resolution Authorizing the City of Orono and Hennepin County pity Development Block Grant Program IMPROVEMENTS — RESOLUTION ION NO. 5333, a Resolution Providing that Road will be Assessed to the Townline Road FUNDING — RESOLUTI ON NO. 5334 JTION NO. 5334, a Resolution Authorizing the nent of Employment and Economic for Funding to Assist the City in the Purchase Ayes 4, Nays 0. OFFICER Murphy moved, White seconded, to advertise for'and extend offer of hire to full -time CSO candidate beginning July 11, 2005, at the beginning pay rate of $12.95 per hour. VOTE: Ayes 4, Nays 0. 1 CITY ATTORNEY'S REPORT • City Attorney Barrett requested an executive sessio i to discuss pending litigation. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. *20. LICENSES The following licenses were approved: RESIDENTIAL KENNEL LICENSE 1. Michael and Cynthia LeJeune 480 Old Long Lake Road ONE DAY GAMBLING — RESOLUTION NO. 5335 1. Sister Kenny Foundation Minnetonka Center for the Arts, 2240 North Shore Drive Raffle with Art of Living Gale and Auction Tuesday, June 14, 2005, 6:30 p.m. —10:00 p.m. TEMPORARY ON -SALE LIQUOR LICENSE 1. Sister Kenny Foundation Minnetonka Center for the Arts, 2240 North Shore Drive Art of Living Gala and Auction Tuesday, June 14, 2005, 6:30 p.m. —10:00 p.m. SPECIAL EVENT 1. Applicant: Sister Kenny Foundation Event: Art of Living Gala and Auction Location: Minnetonka Center for the Arts, 2240 North Shore Drive Date: Tuesday, June 14, 2005 Time: 6:30 p.m. —10:00 p.m. 2. Applicant: Paul Merlo Event: Private Party Location: 2142 Shadywood Road Date: Saturday, June 25, 2005 Time: 5:00 p.m. —10:00 p.m. Murphy moved, White seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. *21. BILLS Murphy moved, White seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. PAGE 18 • n LJ • • ADJOURNMENT ORONO CITY C Monday, , 7:00 of Murphy moved, Peterson seconded, to adjourn 9:21 p.m. VOTE: Ayes 4, Nays 0. ATTEST: &A-1 Linda S. Vee, City Clerk • • i S OF THE iUNCIL MEETING ne 13, 2005 lock p.m. Orono City Council meeting of June 13, 2005, at Barbara Peterson, Mayor PAGE 19