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HomeMy WebLinkAbout07-11-2005 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, July 11, 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 Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Rolf Worden; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis; Public Works Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. 1I PLEDGE OF ALLEGIANCE Mayor Peterson called the meeting to order at 7:00 'p.m., followed by the Pledge of Allegiance. OATH OF OFFICE The oath of office was administered to Police Offic U CONSENT AGENDA 1.. APPROVE /AMEND Items 8 and 14 were added to the Consent Agenda. White moved, Sansevere seconded, to approve t VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF' White moved, Sansevere seconded, to approve II meeting as submitted. VOTE: Ayes 5, Nays 0.'j i� U Christopher Pharo. Consent Agenda as amended. EVE 27, 2005 minutes of the June 27, 2005 City Council AGE 1 RE * , , % MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 • 7:00 o'clock p.m. PARK COMMISSION COMMENTS — Michael Huddy, Representative Huddy indicated that the Park Commission has not had a meeting since the Park Tour but would be meeting the first Monday in August. PLANNING COMMISSION COMMENTS — Jim Leslie, Representative Leslie stated at the last Planning Commission meeting a long discussion was held regarding the expansion of the Narrows Saloon and the need for a master plan for the Navarre area. Leslie noted that application would be appearing again before the Planning Commission, and recommended that some consideration be given to developing a master plan for the future development of the Navarre area. Leslie indicated he would be available at tonight's meeting to answer any questions. Murphy stated the future planning of Navarre would be discussed later in the meeting. PUBLIC COMMENTS Randy Gilbert, Mayor of Long Lake, stated at the present time the Long Lake Veterans Memorial is being constructed at Nelson Park and requested that the City of Orono help promote this memorial. Gilbert indicated pavers are currently for sale to help offset the costs of the memorial. Gilbert encouraged the City Council members to visit the site. Gilbert noted the Cities of Long Lake and Orono have been cooperating on the construction of the new Highway 12 corridor and the recently implemented shuttle bus. Gilbert thanked Jim Murphy for his work in coordinating the shuttle bus and lining up sponsors. Murphy thanked Mayor Gilbert and the City of Long Lake for their cooperation on the shuttle bus and other joint projects being undertaken by the two cities. Ron Miller, 270 North Willow Drive, indicated he has experienced some erosion and sand runoff as a result of a silt fence that went down approximately last spring. Miller stated he did contact the City three times regarding this problem and that he has submitted a claim for $550 to repair the damage he has had suffered on his property. Miller stated the problem has gone on for approximately 15 months and requested that the City of Orono promptly address this matter. Moorse indicated he has spoken with Mr. Miller and the City of Long Lake within the past two weeks to correct this problem but that the cleanup work has not yet been coordinated. Moorse stated the silt fence • was down earlier this spring but since that time a double silt fence has been put up and some hay bales have been put in place to help stop the runoff. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING i • Monday, July 11, 2005 7:00 o'clock p.m. (Public Comments, Continued) Miller stated the problem now lies with the cleanup of the sand on his property. Miller stated he would like a definite date for when the work would be completed. Moorse stated it was his understanding that when the issue first arose the City of Long Lake did address the situation. Miller stated the City of Long Lake did clean it up one time but that the silt fence has fallen down twice. Miller indicated he had to file litigation in order to get Long Lake to respond to this situation. Murphy noted it has been approximately two years ,i ince the fire station project has been completed. Murphy inquired whether Mr. Miller would like the silt fence to remain up or be removed. Miller stated he was informed at the time of the firer station project that this area would be revegetated, which has not been completed. Miller indicated this area tends to erode whenever it rains. Moorse stated the silt fence that is currently in place by Willow needs to remain in place but the silt fence located at the back of the fire station could possibly, be removed. Moorse stated if the City of Long Lake • does not complete the work in the next few days, the City of Orono would go ahead and complete the work. Miller stated he also has contacted the City regarding some screening of a parking lot in close proximity to a residential area, and requested that a fence be erected in accordance with the City's ordinances. Miller indicated he also has some lighting concerns that he would like to discuss with the City in the near future. ZONING ADMINISTRATOR'S REPORT 3. #05 -3097 HASHEM ABUKHADRA, 1745 FOX STREET — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5346 Hashem Abukhadra, Applicant, and Mark Gronberg, Gronberg & Associates, were present. Gundlach noted this application was discussed at the June 26 City Council meeting. Gundlach stated the issues discussed at that time included the guesthouse, whether lot six should be considered a back lot, elimination of existing accesses onto Fox Street once construction of the new road is completed, septic sites for proposed lot six, and the impacts of the Rural Oasis study. •Gundlach stated a preliminary plat resolution has been drafted and is attached to the Council Members' packets. Gundlach noted an amended page four of'the resolution has been distributed to the Council at RkGE 3 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 • 7:00 o'clock p.m. ( #05 -3097 Aashem Abukhadra, Continued) tonight's meeting. Gundlach stated the changes relate to Item No. 12, which requires that the subdivider shall be responsible for the proposed improvements to Fox Street. Gundlach pointed out this application would appear before the City Council one more time in order to act on the final plat resolution. Gundlach stated it is her understanding the applicant would like to discuss the septic sites for lot six. Gundlach noted both of those sites are currently noncompliant but that as part of the subdivision, the City's septic code requires the septic sites to be made compliant. Gundlach stated the Council at the last meeting gave the applicant one year to bring the septic sites into compliance and the applicant is now requesting that he be allowed two years. Murphy inquired whether the septic site is currently nonconforming or noncompliant. Gundlach stated the septic site for the main house is noncompliant and does not meet the two -foot separation requirement and the guesthouse septic site is noncompliant. Abukhadra stated to his knowledge he has until the year 2010 to make his septic site compliant, and noted • that he is requesting only two years to make the septic site compliant. Murphy inquired whether there would be any risk of the future septic sites being contaminated by the construction project. Gaffron indicated as long as the applicant complies with the City's regulations concerning septic sites during the construction phrase, it should not be a problem. Sansevere inquired why the applicant would like two years to make the septic sites compliant. Abukhadra indicated he does not want to have too many projects being undertaken at the same time. Murphy inquired whether the applicant will be the only person residing on the property during the construction of the new residence. Abukhadra indicated he would be the only person residing on the property. Gaffron stated he does not see any major issues with allowing an extra year on the septic. Gundlach stated Item No. 10 of the resolution would need to be amended to two years. Sansevere moved, White seconded, to adopt RESOLUTION NO. 5346, a Resolution Granting Preliminary Approval of a Class III Subdivision for Property Located at 1745 and 1755 Fox Street, • with Item No. 10 being amended to require installation of a conforming seven - bedroom septic PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, July 11, 2005 7:00 o'clock p.m. F-1 LJ • ( #05 -3097 Hashem Abukhadra, Continued* system serving the main house and the guest the final plat. VOTE: Ayes 5, Nays 0. 4. #05 -3112 LOREN AND STACEY SCH VARIANCE AND SUBDIVISION Loren and Stacey Schoenzeit, Applicants, and Brad to be completed within two years of the filing of ,4480 FOREST LAKE LANDING - 1090 Wildhurst Trail, were present. Gundlach stated the applicants are requesting a lot line rearrangement with 1090 Wildhurst Trail whereby a land exchange would result in two existing non - conforming area and width lots remaining nonconforming in area and width. In addition, the applicants are also requesting a rear /street setback variance to permit a setback of approximately eight !feet when 30 feet is normally required and eight feet currently exists and a hardcover variance to permit 60 percent hardcover within the 250' -500' zone where 30 percent is normally allowed and 54.9 percent currently exists. Gundlach noted these percentages are based on the post lot line rearrangement areas. The Planning Commission reviewed this application at their May and June meetings and ultimately voted 6 -0 to approve the most revised stipulating the submittal of a favorable engineering report indicating the existing foundation could support the proposed improvements. Gundlach noted the preliminary report from the applicant's engineer is favorable, however the applicant has requested further guidance with regard to a rebuild versus a renovation/addition. Gundlach stated the Planning Commission did request the applicant appear before them again if this project becomes a rebuild due to a deteriorating foundation rather than a renovation. Schoenzeit stated in their view the location of the existing sewer line creates a hardship in that the location of the residence is limited to the present site. Schoenzeit requested the City Council allow them to follow the recommendations of their structural engineer, their excavator, and the City's building inspector and rebuild the residence in a new location. Schoenzeit stated it is easier to undertake this project if the sewer line is relocated, which would eliminate the need for any variances. McMillan inquired whether the applicants would prefer a teardown and rebuild. Schoenzeit indicated that is what they prefer. J McMillan inquired whether the structural coverage ;would be limited to 15 percent. Mrs. Schoenzeit stated it would be. Gundlach stated the footprint as shown is at 15 percent structural coverage. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 • 7:00 o'clock p.m. ( #05 -3112 Loren and Stacey Schoenzeit, Continued) Murphy noted the City has struggled for a number of years with the potential for these projects to become a rebuild rather than a renovation. Murphy inquired whether Staff has a recommendation on whether the City should abandon the differentiation between the two. Gundlach stated in her opinion the City should. McMillan inquired whether the lot line rearrangement would still be required. Gundlach stated under the proposed footprint it is required because the attached garage would be located slightly over the lot line. Schoenzeit stated by relocating the sewer line, some quality building space would be added to the lot. McMillan stated she does see some hardship issues with this lot given its shape. Schoenzeit stated they were unaware of the sewer line until they got further into this project. White noted the City would receive an easement. • Murphy moved, White seconded, to direct Staff to draft a resolution approving the rebuild proposal for the property located at 4480 Forest Lake Landing. VOTE: Ayes 5, Nays 0. 5. #05 -3113 NATURAL ENVIRONMENTS CORPORATION ON BEHALF OF DENNIS AND AMANDA WALSH,1354 REST POINT CIRCLE — CONDITIONAL USE PERMIT Dennis Walsh, Applicant, and Terry Sanders, Natural Environment, were present. Gundlach stated the applicant is requesting a conditional use permit in order to conduct land alterations within 75 feet of the shoreline consisting of a bluff restoration/preservation plan due to a clear- cutting violation and due to conditions placed on a hardcover variance approved in December of 2004. The Planning Commission voted 5 -0 to approve the concept of revegetating the bluff area without implementation of a new stair access pending submittal of a detailed planting plan for the City Engineer to review. The applicant has submitted a planting plan and the City Engineer's comments are available at tonight's meeting. Gundlach stated the comments deal largely with revising the separation between the plantings and cutting of the existing dead stumps off at grade and installation of an erosion control blanket. Staff recommends that the Council direct Staff to draft a resolution approving the plan and implementing •. the City Engineer's comments. PAGE 6 • ORONO CITY COUNCIL MEETING Monday, July 11, 2005 7:00 o'clock p.m. ( #05 -3113 Natural Environments Corporation, Walsh stated he has nothing to add to Staff's McMillan inquired whether the applicant is okay Walsh stated he is. the recommendations of the City Engineer. Sansevere moved, White seconded, to direct Staff to draft a resolution approving a plan consistent with the City Engineer's recommendations for the property located at 1354 Rest Point Circle. VOTE: Ayes 5, Nays 0. *6. #05 -3116 MINNETONKA POWER SQUADRON, 510 BIG ISLAND — CONDITIONAL USE PERMIT — RESOLUTION NO. 5347 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5347, a Resolution Granting a Conditional Use Permit for the property located at 510 Big Island. VOTE: Ayes 5, Nays 0. *7. #05 -3117 JEFFREY GUSTAFSON,1310 SPRUCE PLACE — VARIANCE — RESOLUTION NO. 5348 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5348, a Resolution granting lot width and lot area variances and granting of a Conditional Use Permit to allow grading within the 0 -75' setback upon removal of the existing home. VOTE: Ayes 5, Nays 0. *8. #05 -3118 MARK AND JULIE P RESOLUTION NO. 5349 White moved, Sansevere seconded, to adopt RE variances for the property located at 1310 Vine *9. #05 -3119 RAY NEWKIRK, 1489 RESOLUTION NO. 5350 • White moved, Sansevere seconded, to adopt Conditional Use Permit for the property loc 1310 VINE PLACE — VARIANCE — LION NO. 5349, a Resolution granting VOTE: Ayes 5, Nays 0. DRIVE — CONDITIONAL USE PERMIT — OLUTION NO. 5350, a Resolution granting a at 1489 Shoreline Drive. VOTE: Ayes 5, Nays 0. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 • 7:00 o'clock p.m. *10. #05 -3122 DAN -BAR HOMES, 1001 WILDHURST TRAIL — VARIANCE RENEWAL — RESOLUTION NO. 5351 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5351, a Resolution granting a lot width variance for the property located at 1001 Wildhurst Trail. VOTE: Ayes 5, Nays 0. 11. #05 -3123 MICHAEL AND KRISTEN HART, 1005 LINDEN LANE — VARIANCE — RESOLUTION NO. 5332 Michael Hart, Applicant, was present. Curtis stated the applicant is requesting hardcover variances in order to construct a 755 square foot garage addition to their existing home. Based on the Planning Commission recommendation, the applicants have removed the three setback variances from their request and have provided a revised home plan consistent with the recommendation. The applicants are now requesting: One, 16 percent hardcover within the 0- 75' zone where 0 percent is normally allowed and 17 percent currently exists; two, 43.5 percent hardcover within the 75' -250' zone where 25 percent is normally allowed and 57 percent currently exists; and three, • 45 percent hardcover within the 250' -500' zone where 30 percent is normally allowed and 57 percent currently exists. The Planning Commission voted 5 -1 to recommend approval of the hardcover variances in order to construct the garage addition and second story; however, the Planning Commission recommended denial of the lake, average lakeshore and side setback variances, which were part of the first request. Staff recommends approval of the hardcover variances. Curtis noted the applicants have provided the City with an easement for the sewer line located lakeward of the home. Hart indicated he has nothing to add to Staff's report. Murphy noted the overall hardcover on this lot is being reduced with this proposal. McMillan stated the lot is very small in size. McMillan noted the structural coverage for this lot is less than 15 percent. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5352, a Resolution granting hardcover variances for the property located at 1005 Linden Lane. VOTE: Ayes 5, Nays 0. 12. #05 -3125 CHRISTINE VALERIUS, 2377 SHADYWOOD ROAD — CONDITIONAL USE PERMIT AND VARIANCE • Christine Valerius, Applicant, and Phillip Fisk, Contractor, were present. PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, July 11, 2005 7:00 o'clock p.m. • C: ( #05 -3125 Christine Valerius, Continued) Gundlach stated this application was reviewed at the last city council meeting, with the applicant requesting a conditional use permit for office space Iabove the coffee shop and a side street setback variance for an exterior staircase. The Council at that time determined there was no hardship to grant the setback variance for the exterior stair access and tabled the application so that the applicant could explore an interior stairway. Gundlach stated she and the building inspector did meeting, with the building inspector concluding th meet the code. The applicant has since withdrawn only requesting the conditional use permit. Valerius noted the old interior staircase was Valerius stated an upstairs bathroom was eli McMillan stated she did visit the site today and su€ for this building. Sansevere inquired how many handicap stalls are 1 Valerius indicated there are two stalls dedicated leave the parking as is. feet with the applicant following the city council an interior stairway would have to be updated to & request for the side street setback variance and is I and a new interior staircase was constructed. as part of the construction of the new staircase. that a handicapped parking stall be dedicated within the city-owned portion of the parking lot. handicap parking. Valerius stated she would like to McMillan moved, White seconded, to direct Staff to draft a resolution granting a conditional use permit to allow a portion of the upper level to be used as office for the property located at 2377 Shadywood Road. VOTE: Ayes 5, Nays 0. *13. JOINT USE DOCK LICENSE — BIG ISLAND, INC. — RESOLUTION NO. 5353 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5353, a Resolution Directing Staff to issue a joint use dock license to Big Island, Inc., for the period of January 1, 2005 to December 31, 2005. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated he has spoken with several people who reside on Tanager Lake and that they have expressed a concern with the number of boats and, docks along the shore that are experiencing damage due to boats on the lake not respecting the speed limit and the small turning radius. Sansevere stated the lake is approximately eight to ten feet deep and the silt is free - floating throughout the lake as a result of the number of boats on the lake. AGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 • 7:00 o'clock p.m. (Mayor /Council Report, Continued) Sansevere suggested a no wake zone be considered for this bay. Sansevere noted he would be attending the next LMCD meeting to discuss this matter. Sansevere noted the new Montessori School is now open. Sansevere encouraged the local newspaper to consider including an article on the school in a future edition. Murphy reported on the progress of the new Highway 12 corridor, noting that the opening of the Brown Road Bridge has been delayed approximately seven to ten days due to the government shutdown. Murphy stated the bridge is now anticipated to open the middle of September and Old Crystal Bay Road is expected to open in November. Murphy stated the shuttle bus is working very well. Murphy thanked First Student for their support. McMillan stated a large number of weeds are growing in the sidewalks of Navarre and inquired who is responsible for maintaining the sidewalks. Gappa stated the City is responsible for spraying the weeds and indicated he would take care of the • problem. White noted Ted Capra's old residence was recently used as part of the volunteer firefighters training burn. White stated a large number of residents turned out to watch the burn, which was very successful. White requested a large pothole be repaired in front of 3532 Ivy Place. Peterson stated she received two irate phone calls regarding someone stopping traffic on County Road 15 at Wood Hill Drive. McMillan stated it is her understanding an unmarked police squad was stopping traffic and directing traffic as part of the swim meet. PUBLIC SERVICE DIRECTOR'S REPORT Gappa had nothing to report. PAGE 10 LJ • • U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *14. FILL VACANT PT POLICE OFFICER White moved, Sansevere seconded, to approve time licensed officer at the beginning patrol of White moved, Sansevere seconded, to adopt R the part -time position held by Christopher M. purposes of PERA pension eligibility. VOTE: 15. PROPOSAL FROM DSU` FOR Murphy stated he does not have a problem with some consideration to placing a moratorium on whether that could be added to the proposal. White expressed some concern that the issues relat addressed within a short time frame if a moratoriui discussed at the City Council workshop scheduled — RESOLUTION NO. 5354 hiring of Christopher Michael Pharo as a part - pay rate of $19.67. VOTE: Ayes 5, Nays 0. UTION NO. 5354, a Resolution declaring that is that of a police officer as defined for 5, Nays 0. SERVICES proposal but recommended that the Council give re construction in the Navarre area. Murphy inquired g to future development in Navarre would need to be is imposed. White requested the moratorium be �r July 14`h. Gaffron recommended the Council address the issue of parking in Navarre, which would give some guidance to the future development of this area, and whether a parking study should be conducted and how the costs of the study should be assessed. Gaffron noted the majority of the residents that appeared at the Planning Commission meeting were in favor of the Narrows expansion project. McMillan and White indicated they would be in f Ivor of a parking study being conducted in this area. Gaffron stated the parking stalls are narrower than, what the City code allows and that a number of stalls would be eliminated if the stalls were restriped to the proper width. Murphy concurred that a parking study would be prudent for this area. Murphy questioned whether the motorcyclists patronizing the Narrows Saloon should park in the rear. Sansavere indicated he has observed recently that ,the motorcyclists do tend to park in the back of the Narrows Saloon building and that there is not a large number of vehicles parking in the front. Leslie stated the Planning Commission has requested a parking study as part of the Narrows application. Murphy moved, Peterson seconded, to approve the proposal from DSU related to the Comprehensive Plan update and the Navarre commercial area, and approving a budget adjustment in the General Fund to reflect the level of expenditures approved. VOTE: Ayes 5, Nays 0. GE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2005 • 7:00 o'clock p.m. CITY ATTORNEY'S REPORT None *LICENSES GAMBLING PREMISES PERMIT — RESOLUTION NO. 5355 1. Applicant: Northwest Tonka Lions Location: Narrows Saloon 3380 Shoreline Drive Date: September 1, 2005 through December 31, 2006 GARBAGE HAULER 2. Blackowiak & Son, Inc., Rolloff Service • 1195 Sunnyfield Road North Mound, MN 55364 3. Randy's Sanitation 4351 U.S. Hwy 12 SE Delano, MN 55328 4. Veit Container Corp dba Veit Disposal Systems 14000 Veit Place Rogers, MN 55374 SPECIAL EVENT 5. Applicant: Cindy Wagener Event: Reception and live music Location: 1420 Bohn's Point Road Date: Saturday, July 16, 2005 Time: 5:00 p.m. — Midnight White moved, Sansevere seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. • PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING is Monday, July 11, 2005 7:00 o' lock p.m. *17. BILLS White moved, Sansevere seconded, to approve VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson moved, Sansevere seconded, to at 8:30 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ��- J, 1,e, • Linda S. Vee, City Clerk • of the All Funds Account. the Orono City Council meeting of July 11, 2005, Barbara Peterson, Mayor 13