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HomeMy WebLinkAbout07-25-2005 Council MinutesMINUTF ORONO CITY C( Monday, J • 7:00 o'c ROLL OF THE NCIL MEETING ✓ 25, 2005 ck p.m. I 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 Thomas Barrett; Representing staff were, City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis; Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. I Mayor Peterson called the meeting to order at 7:00 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve /Amend Items 12, 15, 16, 17, 19, 20, 23, 24, 25, and 26 were added and item #3 was removed from the Consent Agenda. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. 1 APPROVAL OF MINUTES is *2. REGULAR COUNCIL MEETING OF JULY 11, 2005 III Murphy moved, Sansevere seconded, to approve the Minutes of July 11, 2005, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No representative was present. — Big Island Park PLANNING COMMISSION COMMENTS — Kempf stated that he had nothing to report, but PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT 3. #05 -3091 CATHERINE SALLAS, FACT VARIANCE — RESOLUTION NO.' With regard to policy, Murphy asked if the City, inspectors must go out and follow -up on somethi • August 1, 2005, 5:00 p.m. PH KEMPF remain for questions. NORTH SHORE DRIVE — AFTER -THE- passes a Resolution with a caveat that PAGE 1 of 10 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. • (3. #05 -3091 CATHERINE SALLAS, 3635 NORTH SHORE DRIVE, Continued) Gaffron explained that, while the inspectors have performed the preliminary review, it is not uncommon nor were the inspectors concerned with having to return later. Curtis stated that the property had been sold and that the new owner had agreed to the removals of the stair and railing on the deck before the expiration. Murphy moved, White seconded, to adopt RESOLUTION NO. 5356, A Resolution granting side, lake setback and hardcover variances in conjunction with removal of the portion of the grade -level deck which extend past the average lakeshore setback line. VOTE: Ayes 5, Nays 0. 4. #05 -3104 DAVID AND RENEE MACK, 1978 SHADYWOOD ROAD — VARIANCE Curtis explained that the applicants submitted a revised proposal to the Planning Commission and are requesting a number of variances in order remove a detached garage, construct a garage attached to the house, footprint additions to the house, and a 2 "d story addition over the house and the new attached garage. The Planning Commission voted to recommend approval of the lake setback variance for a 2" d story addition above the existing footprint; a hardcover variance within the 0 -75' zone for 25% hardcover; a hardcover variance within the 75' -250' zone to allow an attached garage; and additions not to exceed the existing level (16 %) of structural coverage, while • reducing the proposed driveway hardcover (eliminate the turn around loop). Though the applicants have submitted a revised plan, the plans still require a structural coverage variance for 18% where 16% currently exists. Curtis stated that the Planning Staff continues to recommend denial of the structural coverage variance in order to expand the house footprint square footage. Sansevere stated that he was having difficulty finding a hardship to warrant 18 %. Mr. Mack stated that the size of the lot was his hardship. At 100'X100', the lot was not too deep or wide. The applicants' architect stated that they had scaled back the garage to get closer to the structural coverage limitation. Gaffron noted that the 2% difference in structural coverage amounted to roughly 280 s.f. Murphy stated that he found it difficult to find a hardship to support the variance. He urged the applicant to build a small house to fit the small lot. Mack stated that his neighbor near the channel had recently been granted a variance to build a 20X22' detached garage near the channel. McMillan stated that the current structural cover is 16 %, noting that the additions to the house and garage have brought it to 18 %. PAGE 2 of 10 1' J MINUTES] OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 • 7:00 o'cl ck p.m. (4. #05 -3104 DAVID AND RENEE MACK, 1978 SHADYWOOD ROAD, Continued) Sansevere suggested the applicant have his cover. Mayor Peterson stated that the applicants options or denial of the application which would mean a Mack asked to be tabled in order to redesign and r Sansevere moved, White seconded, to table the purpose of redesign with a signed exten *5. #05 -3107 SCOTT BISSEN AND VARIANCE — RESOLUTION NO. 5357 redesign the house to meet the 16% structural Auld be to table for redesign with an extension t of 6 months to resubmit. #05- 3104,1978 Shadywood Road, for VOTE: Ayes 5, nays 0. MOREY, 825 TONKAWA ROAD — Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5357, a Resolution granting a lot width variance in order to construct a new single family home on a lot 106' in width at the shoreline and 139' at the 75' setback where 140' is normally required at 825 Tonkawa Road. VOTE: Ayes 5, Nays 0. 1 *6. #05 -3113 NATURAL ENVIRONMENTS CORPORATION ON BEHALF OF • DENNIS AND AMANDA WALSH,1354 REST POINT CIRCLE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5358 1 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5358, a Resolution granting a conditional use permit to conduct land alterations within 75' of the lake for 1354 Rest Point Circle. VOTE: Ayes 5, Nays 0. *7. #05 -3125 CHRISTINE VALERIUS, CONDITIONAL USER PERMIT — RESOLE Murphy moved, Sansevere seconded, to adopt granting a conditional use permit for office at *8. #05 -3127 JAMES AND MARG VARIANCE — RESOLUTION NO. 5360 Murphy moved, Sansevere seconded, to adopt' granting a lot area and lot width variance for ? 0. *9. #05 -3132 BRAD AND CHERYL J VARIANCE AND CONDITIONAL USE PI SHADYWOOD ROAD — f NO. 5359 ELUTION NO. 5359, a Resolution Shadywood Road. VOTE: Ayes 5, Nays 0. KELLY, 4445 NORTH SHORE DRIVE — OLUTION NO. 5360, a Resolution North Shore Drive. VOTE: Ayes 5, Nays 2545 NORTH SHORE DRIVE - - RESOLUTION NO. 5361 Murphy moved, Sansevere seconded, to adopt` RESOLUTION NO. 5361, a Resolution is granting a lot area variance and conditional use permit for fill in excess of 500 cubic yards for property located at 2545 North Shore Drive. VOTE: Ayes 5, Nays 0 PAGE 3 of 10 C MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. 10. #05 -3133 BRUCE AND ELIZABETH NUSBAUM, 3480 NORTH SHORE DRIVE — VARIANCE Curtis stated that the applicants were requesting a conditional use permit for an accessory structure on a through -lot, and the following variances in order to construct a detached garage: side yard setback variance for 3.7' where 10' is required, rear yard setback for 15' where 30' is required, 75- 250' zone hardcover for 30.8% where 25% is allowed and 30.2% was previously approved, 250- 500' zone hardcover for 41.8% where 30% is normally allowed, and structural coverage variance to allow 18.2% where 15.6% is allowed and 18% was previously approved. Curtis continued, stating that the Planning Commission voted approval of the CUP and variances as follows: a rear yard setback variance to allow a detached garage closer to the street than 30' stipulating that it be located to provide a minimum of 20' driveway pavement; a 10' side setback variance for a 1 '/2 story detached garage with a footprint of 440 s.f. OR a 5' side setback for a single story detached garage; hardcover variances in order to support the new garage and driveway construction. Mr. Nusbaum stated that they were looking for direction from the City Council in order to begin the building process. He noted that the new construction next door to their home had been built on a higher plane than their home and garage, thus leaving the current garage in a sort of swale. • Murphy asked if the City had resolved the drainage problem along Birch Lane to their satisfaction. • In addition, he commented that naturally, given what the applicants had endured, they should be able to get their garage out of the swale. Nusbaum stated that they were pleased with the road project. Engineer Kellogg stated that the trickiest part will be to direct water between the two neighboring properties using swales and down spouts to Birch Lane and away from the structure. Murphy asked whether the applicants were satisfied with the Planning Commission recommendations. Nusbaum stated that, given the fact that some of the Commissioners did not realize the neighbors' home was no longer on the property line, it was evident they had not taken the time to visit the site. Murphy stated that the hardships imposed on these applicants over previous years due to drainage problems, warrant the need to alleviate their problems. Nusbaum stated that what remains of the current garage is 20'X22', after having removed more than what was recommended by the City; roughly a 10'X22' guest section and 8'X3' chimney from the original garage. He pointed.out that a minimal garage size is truly 22'X22' for functionality, and is a reasonable request in their mind. White agreed that a minimal garage is 22'X22'. He believed a 5' minimum side setback for a 1 story garage and 10' side setback for a 1 %z story garage was necessary. is PAGE 4 of 10 co • I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. (10. #05 -3133 BRUCE AND ELIZABETH IV USBA UM, 3480 NORTH SHORE DRIVE, Continued) I While the garage sits 3.5' off the side yard, Nusbaum noted that any more than 5' would obstruct the view from the house. A plan which was designed specifically with a garage in the same footprint or location was approved by the previous lCouncil. The builder, Ross Langhans, stated that the additional 1 -1 %2' from the overhangs. Sansevere noted that, typically, staff includes a re( seemed to be lacking. g inspectors stated they could likely garner an with an application; which this Gaffron stated that due to so many variables, staff Mound it difficult to make a recommendation; however, a 10' side setback would be preferable to a 5' one. Murphy suggested the applicant consider a higher storage space above. Langhans stated that they had designed the gai survey and staff reports do not clearly identify to the roofline in order to allow more to match the home. He pointed out that the fact that the garage sits within two zones. • Nusbaum pointed out that a 22'X22' garage is 484 s.£, as opposed to the 440 s.f. as recommended by the Planning Commission. He added that, several years ago when they had built their home, the minutes will reflect that the City Council gave them permission to build a garage in the same footprint as the current one. Sansevere stated that he wished to see a 10' setback no matter if the garage was a single or 1 '/2 story structure. Murphy moved, White seconded, to adopt the Planning Commission recommendation with a 10' side setback for a 221X22' garage whether constructed as single or 1 '/Z story structure for the garage located at 3480 North Shore Drive.. Mrs. Nusbaum asked why they were not going to, be given the 5' option. Murphy stated that the City Council failed to ide . option. VOTE: Ayes 5, Nays 0. *11. #05 -3137 ROBERT AND VICT( VARIANCES — RESOLUTION NO. 5362 Murphy moved, Sansevere seconded, to ad granting a front yard setback variance for a hardship to the land to support the 5' JAFFRAY, 540 BARRETT AVENUE — RESOLUTION NO. 5362, a Resolution Barrett Avenue. VOTE: Ayes 5, Nays 0 PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. *12. MORATORIUM ON DEVELOPMENT IN NAVARRE COMMERCIAL DISTRICT — ORDINANCE NO. 26,3 rd SERIES Murphy moved, Sansevere seconded, to adopt Ordinance #26,3 d Series establishing a moratorium prohibiting the granting of preliminary subdivision approval, zoning (CUP /variance) approval, rezoning, or PUD approval for any property zoned or used for commercial use adjacent to County Rods 15 and 19 within the Navarre commercial area in the City of Orono. VOTE: Ayes 5, Nays 0. 13. STONEBAY DEVELOPERS AGREEMENT ASSIGNMENT APPROVAL Gaffron explained that outlots need to be part of the legal description and have been added in, as have the undeveloped additions. White moved, Sansevere seconded, to authorize the Mayor and City Clerk to execute the attached First Amendment to Planned Unit Development No. 4 Agreement. VOTE: Ayes 5, Nays 0. 14. APPEAL OF ENFORCEMENT ACTION — 2600 CASCO POINT ROAD " w • Curtis stated that, in response to a nuisance complaint, a property inspection was performed at 2600 Casco Point Road on May 23, 2005. At that time, staff met with the property owner and together performed the site inspection, noted violations, and documented with photos. The property owner • was provided with the appropriate City Code sections in the notice of violation letter. Curtis noted that the applicant worked with staff to remove most of the existing violations and the remainder of the materials on the site have been negotiated to extended deadlines with the exception of the tractor/backhoe. Curtis suggested that the Council discuss whether or not the City Code`Section 78 -1577c classifying the tractor/backhoe constitutes `special mobile equipment' and is therefore prohibited within Residential Districts. She pointed out that the neighbors' supporting statements have been included for Council review. Kaster stated that he bought the tractor 30 years ago, and that it sits on the property down a hillside hidden by trees. He added that he has no trailer and simply uses it for his personal use. He distributed numerous neighbors' comments that supported his use of the tractor, and acknowledged that many cannot even see it in the woods. As a nearby neighbor, White stated that he, too, could not see the tractor. Murphy stated that he parks his bobcat in his garage and the law states that Mr. Kaster must also. He pointed out that staff and Council spent a great deal of time developing the special mobile equipment ordinance and must enforce it. Kaster reiterated that, although the tractor is not parked in the garage, it is fully screened. He stated that he did not wish to construct a structure and lose the trees along the hillside. Murphy voiced concern that the City might be opening a `Pandora's box' if it fails to enforce its • code and be consistent. PAGE 6 of 10 ORONO CITY C( Monday, J • 7:00 o'c (14. APPEAL OF ENFORCEMENT ACTIO • • Though he believed the hillside and trees pr willing to put up some additional screening. Kaster stated that he would if he must, but something that is currently screened. OF THE NCIL MEETING 25, 2005 k P.M. — 2600 CASCO POINT ROAD, Continued) adequate screening, White asked if Kaster was why he would wish to draw attention to Curtis stated that the Ordinance states that special mobile equipment is prohibited from outdoor parking or storage within the `R' District. Gaffron added that the Ordinance does not `grandfather' special mobile equipment. White stated that the Ordinance states it must be kept inside a building, pole shed, or other legal accessory structure. Sansevere asked if Kaster had other storage options. Kaster stated that he uses the tractor in the winter'mostly for snow removal. He questioned how, after 30 years of owning his tractor, he was now considered nonconforming and might be forced to get rid of his piece of equipment. Mayor Peterson asked whether the City could attach a timeline for its removal, say 10 years or more. Murphy suggested the City table the item and discuss the Ordinance during a work session. If tabled, Kaster could keep the tractor where it is currently until the City determines what to do in various situations. He maintained that the City must enforce their Ordinances and support staff or take more time to consider ramifications of certain Ordinances. Moorse stated that staff and Council could take ti me to evaluate the Ordinance and, if an amendment to the Ordinance is necessary, proceed in that direction. Murphy moved, Mayor Peterson seconded, to table the Appeal Notice of Violation, pending City Council review of the Ordinance. VOTE: Ayes 4, Nays 1, Sansevere dissenting. Sansevere wished a time limit for review be placed on the item. *15. SEPTIC CODE AMENDMENT — ADD ENFORCEMENT LANGUAGE — ORDINANCE NO. 27,3 d SERIES Murphy moved, Sansevere seconded, to adopt ORDINANCE NO. 27, Third Series, an Ordinance Amending Chapter 58 of the Orono Municipal Code by Adding Section 58 -72, Part C, Regarding Enforcement of Septic Code. VOTE: Ayes 5, Nays 0 PAGE 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT Murphy stated that the railroad construction is nearly complete and trains are expected to begin moving on the new tracks August 8, 2005. He indicated that all at -grade crossings will be replaced with overpasses or eliminated. McMillan stated that the Dakota Rail Meeting would be held Tuesday afternoon at which time Three Rivers Park District would be collecting comments on its master plan. She suggested that as many supporters of the trail be in attendance as possible. Moorse stated that he believed the meeting was scheduled in order to collect input about how the trail should be used. White suggested that meter readings be collected measuring water use by the Navarre Fire Station for residential burns. *16. PROCLAMATION — NATIONAL NIGHT OUT — RESOLUTION NO. 5363 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5363, a Resolution proclaiming August 2, 2005, as National Night Out in order to strengthen neighborhood spirit and police relationships. VOTE: Ayes 5, Nays 0. PUBLIC SERVICE DIRECTOR'S REPORT *17. ACCEPT QUOTATIONS — WILDHURST FORCEMAIN REPLACEMENT Murphy moved, Sansevere seconded, to accept the quotation in the amount of $13,600 from EJ Mayer's Inc. Corcoran, Minnesota for the directional boring work on the Wildhurst Trail Forcemain Relocation Project with funding from the Sewer Fund Capital Budget and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0 Murphy moved, Sansevere seconded, to accept the quotation in the amount $5,500 from Valley -Rich Inc. Chaska, Minnesota for the lift station piping connection work on the Wildhurst Trail Forcemain Relocation Project with funding from the Sewer Fund Capital Budget and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. Murphy moved, Sansevere seconded, to accept the quotation in the amount $4,225 from Valley -Rich Inc. Chaska, Minnesota for the lift station I &I reduction work on the Wildhurst Trail Forcemain Relocation Project with funding from the Sewer Fund I &I Line Item Budget. VOTE: Ayes 5, Nays 0. PAGE 8 of 10 • • • • • ORONO CITY CC Monday, J 7:00 o'c 18. APPROVE OF EMMINENT McMillan moved, Mayor Peterson seconded, t Award in the amount of $23,024.15 to Charles Elmwood Alley Vacation Eminent Domain Pr( Fund Contingency Budget, and approval of a 1 VOTE: Ayes 5, Nays 0. *19. REQUEST FOR PAYMENT Murphy moved, Sansevere seconded, to appro Bills Extension Sanitary Sewer Project to E.J. VOTE: Ayes 5, Nays 0. OF THE NCIL MEETING ✓ 25, 2005 ck p.m. SETTLEMENT — ELMWOOD AVENUE approve payment of the Commissioner's Carlson, 1305 Elmwood Avenue, for the eedings to be funded from the 2005 General fidget adjustment to reflect this expenditure. 1— WEBBER HILLS SEWER EXTENSION Request for Payment Number 1, Webber ayers Inc. in the amount of $9,326.15. *20. REQUEST FOR FINAL PAYMENT GARDEN LANE SEWER EXTENSION Murphy moved, Sansevere seconded, to Sanitary Sewer Extension Project to G.I. Ayes 5, Nays 0. e Request for Final Payment, Garden Lane acting Inc. in the amount of $1,566.45. VOTE: 21. INVOICE FOR LONG LAKE FIRE STATION LANDSCAPING Murphy moved, Sansevere seconded, to app Nursery for the landscaping improvements, Construction Fund. VOTE: Ayes 5, Nays 0. 22. DONATIONS FOR THE OPERA SHUTTLE /CIRCULATOR BUS ve the payment of $7,603.50 to Midland be paid from the Joint Fire Station ),N OF THE HIGHWAY 12 i Moorse wished to acknowledge the great participation and generous donations received from the business community. White moved, Mayor Peterson seconded, to Lake, Hickory Fine Homes, and Morrie's A bus, and to express the City's appreciation i *23. POLICE SERGEANT 2005 prove donations from the State Bank of Long .motive Group to fund the Highway 12 shuttle the donations. VOTE: Ayes 5, Nays 0. SETTLEMENT Murphy moved, Sansevere seconded, to approve the Police Sergeant 2005 contract settlement with a 3% pay increase, the addition of a 95% entry pay step, an insurance contribution of $565.00 per month, and an increase from 7 to 10 premium pay holidays. VOTE: Ayes 5, Nays 0. 1 *24. LIQUIDATION OF FORFEITED VEHICLES Murphy moved, Sansevere seconded, to approve the police department selling a 2001 Chevrolet Camaro vin: 16lFP22K112141197 and a 1995 Ford Explorer vin: 1FMCU24X5RUB53544 as surplus city property. VOTE: Ayes 5, Nays 0. PAGE 9 of io MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. *25. HIRE FULL -TIME COMMUNITY SERVICE OFFICER Murphy moved, Sansevere seconded, to hire Ashley O'Rourke as a full time Community Service Officer at the beginning pay rate of $12.95, effective 7/21/05. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT - Attorney Barrett had nothing to report. *26. LICENSES Garbage Haulers 1. Allied Waste Services (BFI) 9813 Flying Cloud Drive Eden Prairie, MN 55347 2. Baldy Sanitation, Inc. 5906 Henry Street Maple Plain, MN 55359 Special Event 3. Applicant: Julie Johnson Event: Wedding and picnic for approximately 100 guests Location: 2530 Fox Street Date: Sunday, August 21, 2005 Time: Noon — 8:00 p.m. Tobacco License 4. Snyders Drug Store #5025 Carol Fillyaw 2380 Shadywood Road Murphy moved, Sansevere seconded, to approve the above license. VOTE: Ayes 5, Nays 0. *27. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0 ADJOURNMENT Sansevere moved, Murphy seconded, to adjourn the Orono City Council Meeting of July 25, 2005 at 9:15 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vet-.', City Clerk PAGE 10 of 10 Barbara A. Peterson, Mayor • • CJ F