Loading...
HomeMy WebLinkAbout09-26-2005 Council Minutes- MINUTEST OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 • 7:00 o'clock p.m. ROLL The Council met on the above mentioned date witli 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, Planners Janice Gundlach and Melanie Curtis; Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:08 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve /Amend Items 5, 10, 11, 12, 13, and 14 were added to the White moved, McMillan seconded, to approve Nays 0. APPROVAL OF MINUTES • *2. REGULAR COUNCIL MEETING OF SE White moved, McMillan seconded, to approve submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — CHAIR Agenda. Consent Agenda as amended. Vote: Ayes 5, 12, 2005 Minutes of September 12, 2005, as KROGNESS Krogness stated that he had no new information to share as the Park Commission would be meeting the following week. Murphy encouraged the Commission to take a closer look at the Rural Oasis Study's relevance to parks and pertinent codes. He indicated a willingness to meet with the Commission over the winter months to work thru the study and have a dialogue with the Commission regarding its relevance. a PLANNING COMMISSION COMMENTS — ROLAND JURGENS Jurgens stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT PAGE 1 of 10 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'clock p.m. • 3. #05 -3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST — PUD/DEVELOPMENT PLAN APPROVAL Gundlach explained that this was the final review stage of the PUD process and that the applicants are requesting B -6 PUD General Development Plan approval, Final Plat approval in order to create 10 unit lots 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. Gundlach noted that since the April meeting before the City Council, the applicants had been determining whether or not they would revise their grading plan to incorporate a westerly entrance in anticipation of the Highway 12 turn-back to Hennepin County. The applicants have since decided that functionally and financially the access could not be revised and would like to proceed with their original plan the Council recommended for approval. Though the applicants have submitted a majority of the items necessary, the following items would be required prior to filing of the plat with Hennepin County; a Minnehaha Creek Watershed District (MCWD) Permit; Signed PUD No. 2C Agreement/Development Contract and signed mylars; Original copy of the title opinion; Fees in the amount of $18,079.00; and a Letter of Credit in the minimum amount of $822.848.63, which might be increased to cover the proposed StormTech system now being proposed by the applicants. At this time, Gundlach recommended the City Council table the applicant's final approvals in order to allow the Engineer and staff adequate time to review the StormTech proposal and collect the appropriate documentation and fees from the applicants. Engineer Kellogg indicated that his firm had just received the StormTech information on Friday and had not had sufficient time to analyze the proposal and weigh long -term maintenance issues with the product. Gina Carlson interjected that this was the first she'd heard of the recommendation for tabling and objected to the recommendation stating that their engineer had designed the StormTech system to contain the water runoff on site. She indicated that both Mn/DOT and MCWD had voiced their support pending final investigation. With regard to the increase in the letter of credit, she stated that, in her opinion, they were improving the site's water treatment program,and should be entitled to a decrease as opposed to an increase. Carlson asked to be given approvals based on contingencies. White stated that, although her request was not unreasonable, the City had concerns with regard to long -term maintenance. Kellogg noted that the catch basins must be maintained and the fine particles cleaned from the basins on occasion. Phil Carlson suggested that the City grant approvals subject to City Engineer approval and the required document changes. He indicated that the association would be responsible for long -term maintenance. n LJ PAGE 2 of 10 cs MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'clock p.m. (3. #05 -3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) While Gaffron acknowledged that several of the commented that the StormTech system would be entitled to credits. Sansevere asked how long the City Engineer's firm' StormTech system. could be handled administratively, he i merely for rate control; therefore, not need to complete their analysis of the Kellogg stated that it would not take long, likely just a few days. White encouraged staff and the engineer to move forward and complete the changes and analysis in a timely fashion so that the applicants could proceed soon. While he, too, wished to see the applicants proceed, Murphy stated that the unfinished details lead to other implications and he preferred to see staff ensure ongoing maintenance does not become an issue. In reality, Gaffron stated that the maintenance agreements, letter of credit, changes and other details could be resolved within a few weeks, though the City was not in receipt of the MCWD permits; therefore, the applicant cannot file a plat until these items are received. •Mayor Peterson commented that it seems there are lalways a few additional loose ends that need to be tied up and she could not support the application until she was confident that staff had everything in order to move forward with a recommendation. • Gina Carlson stated once again that she was agita evening that the application was to be tabled. She able to resolve some of the details in advance of t Gaffron stated that the staff had only learned this enough time to resolve questions. Murphy suggested that the City be supplied with Council meeting so that all of the conditions cou be granted approvals. Gaffron indicated that 2 weeks should be adeq and MCWD have given the city their stamp of . that she had not been informed until this ited that, had she known, she might have been meeting. that the engineers were not given e necessary information before the next City be removed from the recommendation and they time to finalize the details, as long as MnDOT Murphy moved, Sansevere seconded, to table #05 -3080 Interspace West Inc., 2060 Wayzata Boulevard West Adoption: Final Plat Resolution and PUD/Development Contract to allow the engineers time for review and other details �to be finalized. VOTE: Ayes 5, Nays 0. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'clock p.m. *4. #05 -3095 MINNETONKA PORTABLE DREDGING ON BEHALF OF GREGG STEINHAFEL, 2265 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5380 White moved, McMillan seconded, adopting RESOLUTION NO. 5380, a Resolution granting a CUP to allow construction of a permanent piling dock in the bed of Lake Minnetonka to extend through a lake perimeter wetland for the residence at 2265 North Shore Drive. VOTE: Ayes 5, Nays 0. *5. #05 -3109 NAVARRE CONGREGATION OF JEHOVAH'S WITNESSES, 3655 TOGO ROAD — VARIANCE/REVISED SIGNAGE PLAN — RESOLUTION NO. 5381 White moved, McMillan seconded, adopting RESOLUTION NO. 5381, a Resolution . amending previously approved Resolution #5331 with regard to signage for 3655 Togo Road. VOTE: Ayes 5, Nays 0. *6. #05 -3129 ASCENT INVESTMENTS, INC. ON BAHALF OF DOUGLAS KLINT, 1345 REST POINT LANE — VARIANCE — RESOLUTION NO. 5382 White moved, McMillan seconded, adopting RESOLUTION NO. 5382, a Resolution granting lot area and lot width variances for 1345 Rest Point Lane. VOTE: Ayes 5, Nays 0. 7. #05 -3136 TROY BROITZMAN, 1860 SHORELINE DRIVE - VARIANCE • Curtis explained that a CUP to allow the addition of 5,400 cubic yards of grading was added to the applicant's initial request for lot width and average lakeshore setback variances in order to construct a new home on the property. The exported fill would facilitate walk -outs on the front and back of the home. The Planning Commission recommended approval of the lot width variance and denial of the conditional use permit. Curtis stated that planning staff also recommends approval of the lot width variance subject to the City Engineer's approval of the proposed grading plan. She pointed out that the City had received numerous comments from neighboring property owners, many of which were present, and that issues for consideration include: is the grading plan appropriate for the neighborhood; should the retaining wall along the driveway area of the 90X45' parking apron be moved to meet a greater setback to allow for no need to impose on the neighboring property, to allow for better screening opportunities, and to reduce the potential impacts associated with a garage apron that could hold nearly 20 cars. Sansevere stated that he had reservations as to even allowing the lot width variance to go forward. He asked why the applicant chose to move forward to City Council having been denied by the Planning Commission. Curtis stated that, at this width, the applicant will be losing his ability to adequately screen the proposed building if granted. With regard to Sansevere's inquiry, Broitzman stated that he saw no where in the City Code a • reason for denial of what he proposed. He stated that he had gone to great lengths to be very PAGE 4 of 10 d 1� w • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'cloi k p.m. (7. #05-3136 TROYBROITZMAN, 1860 SHORELINE DPJVE, Continued) upfront with all of the neighbors with regard to his plans and, in fact, he had been granted construction easements by his neighbors to build. Broitzman stated that the only comment he recalled receiving from any of the neighbors was to change the proposed surface of the driveway retaining wall to a stone, rather than brick, fagade. With regard to screening, Broitzman stated that he intended to plant mature trees on both he and his neighbors' properties. Sansevere stated that, according to the neighbor's petters, they do not agree that this design will fit into the character of the neighborhood or the land itself. Broitzman stated that City Code allows him 15% structural coverage on his property, of which he has only proposed about 7.5 %. 1 McMillan stated that, though the formula works to "his advantage, she felt he was overdeveloping the lot. Furthermore, similar to the County, she stated that she, too, would like to see the driveway access off Heritage Drive as opposed to County Road 15 in an effort to minimize the curb cuts on the county road and would make this part of her recommendation. Broitzman stated that he brought in the County for their opinion for a second driveway off Heritage, not a replacement for the one off County, Road 15. He stated that, from what he understood of the codes, he could not be forced to'Ichange the existing driveway. Murphy stated that he had spoken to and received iia letter from Mr. Nelson, a neighbor, who felt he was misled by the applicant, as were many other neighbors who felt they were told numerous different stories. Murphy stated that he could not support moving this amount of dirt to create or overhaul this piece of land to suit the applicant's desire for walkouts. Mayor Peterson commented that she was disturbed by the way the applicant had raped the lot of trees and its history and found it difficult to support a lot width variance for something so expansive and out of character for the neighborhood. White pointed out that the purpose of the zoning and what is appropriate to fit in with the charact( addition, the comp plan is designed to protect wl stability of a neighborhood, as noted by the adol not support altering the appearance, in bulk, for Ordinance that he could identify with regard to t McMillan stated that she would only approve a implemented to allow for additional drainage & adequate space to build a decent new home on remove by CUP soil to create walkouts. She co convenient for the applicant to implement this 1 Broitzman stated that he purchased the lot )de is to implement the comp plan. Aesthetics of an area makes up a piece of the comp plan. In t the city holds dear which is the character and d Rural Oasis Study. He indicated that he would mething that he felt failed on every count of the : compatibility of the neighborhood. t width variance if extra side setbacks were screening. She maintained that the applicant had s lot but not enough extra room to allow him to I not support land alteration to simply make it of its view and character of Orono. PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'clock p.m. (7. #05 -3136 TROYBROITZMAN, 1860 SHORELINE DRIVE, Continued) Sansevere pointed out that, ironically, this character and view are the things he has proposed to change most dramatically with this proposal. Broitzman stated that he found it frustrating that the new home, though more narrow than the current home, and despite his willingness to plant trees on his and his neighbor's properties that he could be denied. McMillan pointed out that each homeowner must be able to adequately screen their home within their own property boundaries. She could not support his screening on adjoining property owner's home sites. Murphy suggested the applicant team up with a contractor or architect who knows the Orono area and design a home that fits more within the character he found so appealing. Sansevere stated that he did not recall ever hearing from so many neighbors as he had on this project. Mayor Peterson pointed out that, while the neighbors support the prospect of a new home, it is the sheer magnitude of the proposal that they find disconcerting. Greg Coward, 1950 Heritage Drive, stated that, as an immediate neighbor, he had received • incomplete communication. While construction easements were granted because the neighbors recognized that something would be built on the site, the CUP calls for permanent land alteration and concrete swales which do not fit within the character of the neighborhood. Coward stated that he believed the proposal would have a negative impact on neighboring property values and questioned how a substandard sized lot with a width of 133' and 1.9 dry buildable acres could support a house almost 6.5 times larger than the current home. In his estimation, it was a large home for a small lot. Coward continued, pointing out that the structure itself would appear to be 3 stories tall or more from their perspective on their site, and that the applicant would be constructing a retaining wall 5' off their property line the entire length with inadequate room for screening. With regard to the neighbors on the opposite side, Coward pointed out that even at 30' from the property line, the home will still tower over the neighbor and shade them entirely. He noted that the screening that did exist, 40 -50' tall pine trees, had been removed by the applicant and no longer exist. In addition, the average lakeshore as equated, gives the Cowards a very limited lake view, other than that of cars, now that the trees have been removed. Leonard Dayton, 1980 Heritage Drive, stated that this kind of project in a neighborhood like this is completely out of character for not only the neighborhood, but also the community. Bob Stignna, 1930 Shoreline Drive, questioned whether what the applicant was proposing to build was a residence or an apartment building /hotel. Alan Nettles, 1940 Shoreline Drive, stated that he believed the City Council was asking the right questions and understood the neighbors' concerns. He agreed that the access should be changed to Heritage Drive. Nettles pointed out that hardships as recognized by the Code must be inherent to • PAGE 6 of 10 d d MINUTES�OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 • 7:00 o'clock p.m. • • (7. #05 -3136 TROY BROITZMAN, 1860 SHORELINE DRIVE, Continued) the land and not be imposed because the land does'not fit the design of the applicant's proposed home. Jenny Charrier, 1910 Heritage Drive, the opposite immediate neighbor, acknowledged that, though the applicant can develop the property, she questioned the scale to which they proposed to do so. She stated that she would be subjected to viewing an enormous wall the entire length of her driveway and property line, views obstructed and entirely shaded, and any sense of privacy that once existed would be greatly compromised. Charlie Krogness, 185 S. Brown Road, stated that his proposal was absolutely not reflective of the character of Orono that the Rural Oasis Study was! implemented to preserve. He urged the City Council, in all good conscience, not to support such an atrocity. Sansevere stated that, spec home or not, the propo ed home did not fit the character of the neighborhood. Mayor Peterson stated that she could not support the CUP and found no reason to support the variance request, which simply allowed the applicant to build the design of his choice. She suggested he go back to meet with staff and design a proposal that fit the property. Broitzman pointed out that his biggest concern centered on the fact that the wording of the CUP doesn't set limits, as a moving target, he would not know what is acceptable or not. While he maintained that the size of his structure fell within* the 15% allowance and that he has met height restrictions, he did not understand the letter of the' law as it pertained to the CUP. Sansevere asked the applicant whether he had consulted with staff when he put together his proposal to move 5,400 cubic yards of fill or asked for input with regard to the lot width variance to see if these were reasonable requests. I Broitzman stated that he had worked with the Engineer to determine how the drainage would work out with his design. He pointed out that he was within his legal rights to take down the trees he did, as he preferred a view of the lake to trees. Mayor Peterson stated that the City Council could vote on his application as presented which might mean he could not come before Council again for 6 months, or he could table his application for redesign purposes. Broitzman requested that the City Council table this application. White indicated that he would not allow the applicant to lay a virtual parking lot next to a neighbor's property in a residential neighborhood, as this urban proposal clearly does not fit the character of Orono. Murphy acknowledged that the applicant wished to be given a strict interpretation of everything, as opposed to what obviously fits within the City comp plan. He stated that, in his opinion, the PAGE 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'clock p.m. (7. #05 -3136 TROYBROITZMAN, 1860 SHORELINE DRIVE, Continued) applicant's neighbors were being quite cordial. He saw no hardship to support either the variance or CUP. McMillan pointed out that the mere proximity of his neighbors demands additional sensitivity in this case. Attorney Barrett stated that the CUP is an additional piece in the application process and encouraged the applicant to design a home that fit the land under the current conditions. Less is more in many situations. Murphy moved, Mayor Peterson seconded, to table application #05 -3136, Troy Broitzman, 1860 Shoreline Drive, for purposes of redesign. VOTE: Ayes 5, Nays 0. *8. #05 -3145 ICO LANDSCAPE LLC ON BEHALF OF ROBERT AND VICKY NELSON, 679 MINNETONKA HIGHLANDS LANE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5383 White moved, McMillan seconded, adopting RESOLUTION NO. 5383, a Resolution granting a conditional use permit and hardcover variance for 679 Minnetonka Highlands Lane. VOTE: Ayes 5, Nays 0 *9. #05 -3150 TIM POWERS ON BEHALF OF KEVIN GRELL, 1945 FAGERNESS • POINT ROAD — VARIANCE — RESOLUTION NO. 5384 White moved, McMillan seconded, adopting RESOLUTION NO. 5384, a Resolution granting a rear yard setback and hardcover variance for 1945 Fagerness Point Road. VOTE: Ayes 5, Nays 0. *10. #05 -3154 CITY OF ORONO RURAL OASIS STUDY— AMENDMENTS TO COMPREHENSIVE PLAN AND MUNICIPAL CODE White moved, McMillan seconded, to conditionally approve 2000 -2020 Comprehensive Plan Amendment #3 regarding the Orono Rural Oasis Study, subject to review and comment by the Metropolitan Council, and direct staff to formally submit the amendment to the Metropolitan Council. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT McMillan commented that the schools were presenting a new referendum, noting that legislation has put the funding burden back on local property owners and municipalities. Gaffron reported that the courts had resolved the disputed land disagreement between the Floyds and Brooks near West Ferndale granting the Floyds the road easement; however, as a result, the Floyds believe they can continue their non - conforming fence line and obstruct the Brooks' access to their property. Gaffron stated that it is the City's perspective that the Floyds do not have the right • PAGE 8 of 10 MINUTES �OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 • 7:00 o'clock p.m. (MAYORICITY COUNCIL REPORT, to establish a gate on the City's designated public right their property. He asked for City Council input. I� White stated that he believed the fence should be elimi =way that denies the Brooks' access to altogether. Gaffron stated that the fence is not locked currently, though the Floyds have indicated their intention to do so. He pointed out once again that the fence is in the public right -of -way. Attorney Barrett pointed out that, if the fence is the City has the legal authority to remove the g, access of the other. PUBLIC SERVICE DIRECTOR'S REPORT *11. ACCEPT QUOTATIONS— 755 DI he public right of way, there is no question that as this neighbor has no authority to block the LAKE DRIVE EXTENSION White moved, McMillan seconded, accepting the quotation in the amount $7,490.00 from Red Pederson Utilities Inc. Hopkins, Minnesota for completion of the 755 Dickey Lake Drive Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. • *12. AUTHORIZE ADVERTISEMENT FORBIDS —NORTH FARM DRAINAGE IMPROVEMENTS White moved, McMillan seconded, authorizing advertising for bids for the North Farm Drainage Improvements project. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *13. REVISED RESOLUTION AUTHORIZING THE CITY TO SUBMIT INFORMATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) AND TO ENTER INTO A GRANT AGREEMENT FOR THE PURCHASE OF THE BIG ISLAND VETERANS CAMP PROPERTY — RESOLUTION NO. 5385 White moved, McMillan seconded, approving revised Resolution No. 5385 Authorizing the City to submit information to the Department Hof Employment and Economic Development (DEED) and to enter into a grant agreement fdr the purchase of the Big Island Veterans Camp property, and authorizing the City Ad'nistrator to sign the grant agreement. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. 0 PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2005 7:00 o'clock p.m. *14. LICENSES Residential Kennel License 1. Kim Hanson 2408 Casco Point Road Orono, MN 55391 Murphy moved, Sansevere seconded, to approve the above license. VOTE: Ayes 5, Nays 0. *15. BILLS White moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0 ADJOURNMENT 't. • Mayor Peterson moved, Murphy seconded, to adjourn the Orono City Council Meeting of September 26, 2005 at 9:20 P.M. VOTE: Ayes 5, Nays 0. ATTEST: • Li da S. Vee, City Clerk Barbara Peterson, Mayor • PAGE 10 of 10