HomeMy WebLinkAbout03-27-2006 Council Minutes•
•
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
.Monday, March 27, 2006
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, Lili McMillan, Jim Murphy, and Jim White;
City Attorney Matthew Brokl; Representing staff were, City Administrator Ron Moorse, Planning
Director Mike Gaffron, Engineer Tom Kellogg, and Recorder Kristi Anderson.
Mayor Peterson called the meeting to order at 1:00 P.M, followed by the Pledge of Allegiance.
CONSENT AGENDA
1. Approve /Amend
Items were added to the Consent Agenda.
Murphy moved, Sansevere seconded, to
5, Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF
Murphy moved, Sansevere seconded, to
submitted. VOTE: Ayes 5 Nays 0.
PUBLIC HEARING — 7:00 P.M.
3. DNR GRANT APPLICATION FOR F
RELATED TO THE BIG ISLAND PARK
.. Mayor Peterson opened the Public Hearing at 7
Moorse explained that the City is preparing an
improvements on the City's Big Island Park Pi
Moorse described the project scope and type of
a dock to provide handicapped access, demolitic
power lines, improving trails, purchasing a utilit
lines, and riprapping of areas of the shoreline the
example. Moorse presented the estimated cost ai
development activity. He indicated that as a W
some in -kind services and contributions from co
Tonka Bay Marina, whereas the remaining balar
contributed by the City.
the Consent Agenda as amended. Vote: Ayes
13, 2006
the Minutes of March 13, 2006, as
p.m.
FOR CAPITAL IMPROVEMENTS
for funding through the DNR for capital
iprovements to be covered by the grant including
of dilapidated and unsafe buildings, burying
vehicle, installation of a new well and water
have been experiencing severe erosion for
expected date of completion accompanying each
matching grant, the City's portion would include
ractors such as Green Acres Tree Service and
of approximately $113,000 would be
PAGE 1 of 14
Q,
r
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
. 7:00 o'clock p.m. •
(3. DNR GRANT APPLICATION FOR FUNDING FOR CAPITAL IMPROVEMENTS
RELATED TO THE BIG ISLAND PARK PROPERTY- CONTINUED)
Moorse pointed out that no project costs or annual operating costs would be assessed to citizens
and presented a projected operation and maintenance timeline. Based on the City's history and
experience with maintenance costs at its other parks, the cost projection identified cost areas such
as preventative maintenance, major repairs, and replacement values on an ongoing annual basis, as
well as, in time increments of 3 to 5 years, 10 years and 20 years.
As there were no public comments, Mayor Peterson closed the Public Hearing at 7:11 p.m.
Murphy moved, McMillan seconded, confirming the Council's authorization to submit a
DNR grant application for capital improvements on the Big Island Park Property. VOTE:
Ayes 5, Nays 0.
Murphy interjected the need to expedite the application in order to meet some funding deadlines in
order to get funds via DNR grants, as,this is merely the first round in the grant filing process.
PUBLIC -REARING — 7:00 P.M.
4. JAMESTOWN ROAD SANITARY SEWER PROJECT
a. ORDER PREPARATION OF PLANS AND SPECIFICATIONS — RESOLUTION
NO. 5439 0
Mayor Peterson opened the Public Hearing at 7:13 p.m.
Engineer Kellogg explained that at the Council's February 27, 2006 meeting, staff was directed to
include the next 2-4 properties on County Road 6 for the Sanitary Sewer project which put the
number of participants at 17 properties and an estimated cost of $10,000 per parcel He reiterated .:
that conforming properties would have the ability to opt out of the project until the time their
system becomes non - conforming.
John Koob, 3065 Jamestown Road, representative of the property owners on Jamestown Road
stated that all 9 homeowners have signed a petition in support of the project. In addition, he
indicated that the residents acknowledge the significant benefit this will have on the nearby
wetlands.
Ben Young, 3105 County Road 6, stated that he had spoken to several of his neighbor's along
county Road 6 who felt, as he, that they do not need sanitary sewer at their end.
Neil Heupel, 3225 County Road 6, stated that he was very appreciative of the proposed
improvements and that he would be installing sanitary sewer.
Mike Whitman, 1570 County Road 6, stated that, although they are in compliance now, he was
happy to hear sanitary sewer would be available, as it would be their preference to stop polluting
the lake. •
PAGE 2of14
•
ti.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
(4. JAMESTOWNROAD SANITARYSEWER PROJECT— CONTINUED)
Mayor Peterson closed the Public Hearing at 7:;17 p.m.
Sansevere stated that while he understood Mr. Young's concerns, he would not be forced to hook
up now, though it would be available down the road.
Moorse stated that the City would be carrying
when their current systems became non -confo
McMillan pointed out that alternate mound
alternative.
Young stated that the costs for a mound system
to sanitary sewer and the addition of a grinder s
costs until the residents chose to hook up or
would not be necessary if sewer was an
approximately $11,000; whereas, the hook up
m will run $25,000.
Gerry Timm, 2885 County Road 6, stated that they would continue to use their mound system
While she acknowledged that the initial investment was substantial for many, Mayor Peterson
stated that, speaking from her own experience, they will ultimately be pleased with the results.
Murphy pointed out that if the City waited 10 years from now to install the system it would likely
cost double what it does today, as would the cost to install a new mound system for any of the
residents. Murphy maintained that completing the project now and allowing residents to hook up
when their systems become non - conforming will ultimately save the residents money in the long
run. He continued, noting that as City Council members, it is part of their charge to improve water
quality throughout the city.
Mayor Peterson moved, Murphy seconded, adopting RESOLUTION NO. 5439, a Resolution
ordering the preparation of plans and specifications for the Jamestown Road neighborhood
sanitary sewer improvements. VOTE: Ayes 5, Nays 0.
Moorse explained that the next step would be to get the plans and specifications developed, then
advertise for bids at which time an assessment hearing would be scheduled. He mentioned that the
installation of water, would be three times the cost of sanitary sewer because of the 8 inch water
main vs. the 1.5 sewer line.
Andy Page, 3050 Jamestown Road, stated that while they would love sewer and water, the
residents would also like to have cable and question why they cannot get high speed internet
services when they live blocks from the school and city hall. He asked what could be done to get
cable or high speed internet services.
Jurgens, Planning Commissioner, suggested the i
Stonebay wireless company for a similar service.
Sansevere suggested the residents contact a
investigate Verizon wireless internet or
out of Dassel, Big Blue.
PAGE i3 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
PARK COMMISSION COMMENTS
Huddy stated that the Park Commission has been energized by recent joint meetings with the City
Council and looks forward to assessing public support for parks and their various activities with an
upcoming periodic survey. He invited council members to attend the upcoming meeting next
Monday at which a representative from Orono soccer will discuss ideas for the Bederwood practice
area.
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
5. #05 -3121 NARROWS SALOON, 3382 SHORELINE DRIVE — CONDITIONAL USE
PERMIT — RESOLUTION NO. 5440
Gaffron reviewed a draft resolution for the revised Class H Restaurant expansion proposal by the
Narrows Saloon containing various noteworthy findings for consideration by Council. Gaffron
noted that a small, less than 1 %, structural coverage variance would be necessary in conjunction
with the resolution. He elaborated on several findings pertaining to the smoker's patio, its size,
screening, and hours of operation, as well as, the potential to convert its entrance into a vestibule
arrangement.
Gaffron explained that, based on the findings, approval of the application should be subject to 11
conditions and expanded on those within the draft resolution. Some of which included, access
doors and vestibules, separated private party room, hours of operation and entertainment, the
approval of a smokers patio for a one year trial basis, adequate parking configuration and limited
conflict with the use of the municipal lot, and more.
Jim Sanford, Attorney for the Narrows Saloon, commented that the applicant would prefer not to
enlarge the vestibule to include the smoker's access.
Sansevere questioned the size of the proposed smoker's patio and stated that, in his opinion, it is
much larger than necessary. He asked whether the saloon was saving the space for a proposed
future restaurant expansion to encompass outside dining, which would have a bigger impact on
parking later. In addition, Sansevere suggested that time parameters or hours for the patio be
assigned so that people don't loiter after last call.
Anderst, of the Narrows Saloon, stated that customers would not be allowed to hang out on the
patio when the bar is closed, since the only access is through the building.
Mayor Peterson asked Gaffron what the property owner would typically `be allowed' in his
backyard. 0 1
PAGE 4 of 14
C.
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
(5. #05 -3121 NARROWS SALOON, 3382 SHORELINE DRIVE —CONDITIONAL USE
PERMIT = RESOLUTION NO. • 5440 — CONTINUED)
Gaffron explained that a typical rear yard is allowed a 6' high fence; however, as a commercial site
the Council has the authority to review the sizeof the patio enclosed by a fence.
Anderst stated that, indeed, he would like to u
the patio since people enjoy dining outside.
Sansevere stated that he had no problem with
request will result in additional occupancy wh
Murphy stated that, in Hennepin County, even
like a smoker's patio and he was satisfied that
Attorney Brokl stated that any expanded outsi
the building and potentially put dining out on
,ide dining, but expanding the current patio
he doubted the parking could support.
Ily most restaurants will have to offer something
annual review would be sufficient.
dining would be limited by the available parking.
Charles Nadler, 2509 Kelly Avenue, submitted a letter into the record, in which he questions
parking, noise, and the size of the smoker's patio. He questioned how many seats would be allowed
on the smoker's patio. Nadler commented that, as a citizen, he objected to the use of the city
municipal lot for the Narrows use. He urged them city to conduct its own parking study, not to rely
on the study performed by the applicant, and assess the cost back to the applicant.
White stated that, while a satisfactory parking study was completed, it is the Council's job to
determine whether what was found to exist is adequate.
Nadler encouraged the Council to further limit or define the size of the smoker's patio to half the
proposed dimension. He did not feel its size should be based on some future restaurant expansion
to encompass outside dining. Nadler pointed out that the current smoker's patio made up of about
12 seats seems to accommodate the restaurant fine and he urged staff to keep the proposed patio to
a similar scale.
Sanford stated that the proposed patio is within code and is compliant.
Murphy stated that there are numerous unkno's with this proposed expansion. While it is
unknown for sure if the parking is adequate, and may prove to be insufficient, an ongoing annual
review of the CUP is warranted and will help to answer these questions. He added that even with
the unknowns, there is not enough rationale to deny the request; especially since the applicant has
supplied the city with everything it's asked for.
Anderst interjected his feeling that, if he and the
review the pros and cons adjusting accordingly,
While he found the overall proposal appealing,
too big, offering too much seating, and a bigger
there.
work together on the improvements and
thing should resolve itself.
5of14
stated that he found the size of the patio
i for people to hang out, drink, and eat
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m. •
(5. #05 -312 NARROWS SALOON, 3382 SHORELINE DRIVE —CONDITIONAL USE
PERMIT — RESOL UTIONNO. 5440 = CONTINUED)
McMillan concurred, voicing her concern that if the patio is too large and people choose to hang
out there, it would have too much impact on the neighborhood.
Moorse stated that he did not have an objective size to propose for the patio or recommendation to
start with.
White pointed out that, based on Met studies, parking is a key issue. He noted that, as a municipal
lot, the Council must control the parking situation in order to meet transit station needs of its
citizens. Although he recognized the applicant's cooperation in providing the city with required
items, he agreed that the size of the patio should be defined.
While she recognized that the parking out front was public, Mayor Peterson questioned whether
there was a designated motorcycle parking area. '
Anderst stated that he did not have a designated motorcycle parking area.
Murphy asked the applicant if he wished to table in order to review what other Hennepin County
businesses are doing with regard to their smoker's patios, or move forward with a vote.
Anderst stated that he had been tabled numerous times and would prefer to move forward. •
Murphy stated that he would vote for reducing the smoker's patio by 40 %, limiting the hours of
operation for the patio to last call or 1AM, call for an annual review of the entire CUP when the
liquor license comes up for renewal including the parking, police findings, and smoker's patio.
Brokl stated that, as with any CUP, it will follow the land. He noted that, as such, it can be
reviewed at anytime during the course of the year to ensure existing conditions are being met.
Mayor Peterson stated that, in her opinion, this is an overaggressive improvement or expansion to
the site which she could not support. She felt the saloon was going beyond the scope of a
neighborhood bar encouraging others to come in from a broader market area.
White questioned what would happen if the new users added an additional need of 12 -15 spaces.
Brokl stated that if parking is an issue, there is no measurable standard to base the parking on now.
Murphy moved, McMillan seconded, to approve the Resolution with the changes discussed
this evening including a reduction in the size of the smoker's patio by 40 %, adding a
condition that the entire CUP would be reviewed annually with the renewal of the liquor
license with regard to the smoker's patio, police findings, parking, etc. and that the patio
closes at 1:00 AM. VOTE: Ayes 3, Nays 2. Mayor Peterson dissenting as stated earlier,
Sansevere dissenting due to his belief that the patio seating should also be decreased by 40 %.
•
PAGE 6 of 14
0
•
MINUTES OF THE .
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
6. #05 -3135 ALLEN AND DEANNA
VARIANCE /CONDITIONAL USE PEI
Gaffron explained that the applicants request fc
conditional use permit for importation of fill in
of a new residence to replace the existing resid(
Planning Commission at its February 21" meet
At issue, which deadlocked the Planning Comr
lakeshore setback which the neighbor objected
noted that the proposed fill within 5' of the nei,
upon the view of the neighbor's wall was not n
impact drainage problems.
3165 NORTH SHORE DRIVE —
an average lakeshore setback variance and a
Kcess of 500 cubic yards to allow for construction
ce on the property received a 3 -3 vote by the
;ion, was the 22' encroachment into the average
Though drainage is an ongoing issue, Gaffron
or's lot line which would have visual impact
.ved by the Commission and would do little to
Since this is new construction and should be required to meet setback requirements, Murphy stated
that whether or not the existing house meets the average lakeshore setback now is irrelevant.
Admittedly an odd average lakeshore setback line, Murphy saw no hardship to warrant any
encroachment into the zone, since there was more than adequate room to pull the house back
altogether. With regard to the fill, Murphy stated that the lot had been filled many years ago in an
effort to help with the drainage. He maintained that, if the house were pulled back out of the
average lakeshore setback, they would also needless fill to resolve the drainage.
Bill Sjoholm, applicant's attorney, stated that he had gotten the impression that the Planning
Commission supported the request for fill, but it was the average lakeshore setback variance which
had them at odds. While the applicant has made numerous attempts to make adjustments to the
design in order to accommodate this almost unrealistic average lakeshore setback line, they believe
there is a hardship here created by the line and the homeowner next door trying to prevent what is
being proposed. He continued, explaining that, if the house were pulled back, it would create a
tunnel vision effect from the new home through the trees on either side.
Sansevere questioned whether the applicant t
the average lakeshore setback afforded them.
could be considered a hardship.
that their hardship could be based on the view
:re asked Brokl whether the view of the lake
Brokl stated that, if the Council chose to accept iti, the views could be considered a hardship.
Sjoholm pointed out that, as proposed, the
of the lake.
McMillan questioned whether anything had c
since he had initially purchased the property.
Munson stated that his lot seems to serve as a
runoff.
would not be obstructing the neighbors views
with regard to the landscaping next door,
deposit area for both he and his neighbor's
McMillan pointed out that the average lakeshore setback is a principal the City does not often
Is choose to deviate from without a strong hardship. She felt that, in this instance, the applicant could
build easily without intruding on this setback. I
PAGE'? of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
(6. #05 -313 ALLEN AND DEANNA MUNSON, 3165 NORTH SHORE DRIVE —
VARIANCE /CONDITIONAL USE PERMIT — CONTINUED)
Sansevere suggested the applicant tilt his house more to eliminate the issue altogether.
Munson stated that he had hoped to use a portion of the existing foundation and that if he pulled the
house back further the trees on either side would create a tunnel.
White stated that, to him, the existence of trees in the way of his view do not afford an adequate
hardship. He commented that the trees are not a permanent fixture and could be removed by a
natural disaster, such as the tornados in recent history. While he acknowledged a drainage problem,
White suggested the applicant work with staff to redesign tilting the home in order to meet setbacks
and return to Council with a new plan.
Murphy maintained that this is not an arbitrary decision, people live on the lake for the view and it
is the Council's responsibility to adhere to height and average lakeshore setbacks to the best of its
ability.
McMillan urged the two neighbors' to meet to discuss landscaping alternatives.
Munson believed his hardship to be unique to his property. The hardship that one of his neighbors
is 75' from the lake and the other 330' off shore poses a unique situation.
White stated that, if there were no place else to locate a home on this parcel, the Council might be •
more forgiving or receptive to using the unusual average lakeshore setback line as a hardship.
Mayor Peterson stated that the applicant could request tabling the application to redesign or ask for
a vote, potentially a denial, and not return for 6 months.
Munson asked for a table of the application.
Mr. Johnson, the neighbor's attorney, stated that they were quick to let Mr. Munson know that they
would be willing to accept a similar size home to what currently exists on then site and would be
willing to meet with Mr. Munson to assist with his redesign efforts.
Mayor Peterson moved, Murphy seconded, to table Application #05 -3135, 3165 North Shore
Drive for redesign. VOTE: Ayes 5, Nays 0.
7. #05 -3139 MARY BETH HOVEY ON BEHALF OF THE HILL SCHOOL OF
MINNESOTA, 2180 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT -
REVISIONS
Gaffron reported that the applicant was requesting an amendment to variance and CUP approvals
granted in December 2005 in order to construct additions to the existing Hill School building. The
Planning Commission voted 6 -0 to approve the request with the changes that they relocate the
proposed elevator to within the existing footprint of the building, pave the parking lot and stripe the
spaces, the number of spaces to be determined by the buildings `occupancy' rather than the
school's enrollment, and the site plan be revised to define the required play area.
PAGE 8 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
(7 #05 -3139 MARYBETHHOVEY ON
2180 NORTH SHORE DRIVE — COND�
CONTINUED)
Gaffron pointed out that the Hill School has an
the Arts for overflow parking during school ev(
Council to consider whether or not the number
ordinance requirement of `one stall per seven ei
classrooms' of 16 on site parking spaces is suff
Kellogg stated that he had not received drainag
wall be extended northerly.
Mayor Peterson stated that there are currently r
agreed that the lot should be paved and striped,
the art center were sufficient for events.
Hovey stated that the school currently has 48 st
additional 10 preschool students for a total of u]
approval from the art center for additional parki
oftentimes `graduations' or other special events
off -site.
Sansevere asked how many parking spots are us
Hovey stated that there are 6 full time teachers an
there daily.
Bill Worms, architect for the school, indicated the
north as possible to alleviate stacking issues at E
Gaffron pointed out that the required average pail
are barely 8X16'.
As a nearby neighbor, Mayor Peterson asked whe'
using the neighborhood as a cut through route. I
Hovey stated that they currently stagger start/re
She indicated that the school could increase the
pattern for parents to follow.
White pointed out that part of the charm of this s
direction the school would take if it continued to
Hovey stated that rather than outgrow this
the need arose at some point.
OF THE HILL SCHOOL OF MINNESOTA,
USE PERMIT — REVISIONS —
Formal agreement with the Minnetonka Center for
s, parent conferences, etc. He encouraged the
required parking spaces based on the zoning
filled students, plus one stall for each three
plans yet, but would suggest the timber parking
parking signs on either side of Briar Street. She
at questioned whether the parking and overflow at
3ents enrolled in K -8, and will be adding an
to 60 students next year. While the school gets
g when it hosts its open houses, she noted that
vhich require additional space are generally held
by full or part time staff.
generally one part time or volunteer person
it was their intent to keep the curb cut as far
corner of North Shore Drive.
stall is 9X20', where as proposed here they
the school could encourage parents to avoid
times to alleviate traffic or stacking issues.
;er times and develop a recommended traffic
is its unique character and asked what
the Hill School would likely add a second site if
Gaffron reiterated that, from a staff's perspective,! they would not accept 8' wide stalls where they
10 should be 9' wide, which would add an additional 16' to the length of the parking lot.
PAGE'S of 14
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
(7. #05 -313 MARYBETHHOVEY ONBEHALF OF THE HILL SCHOOL OFMINNESOTA,
2180 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT — REVISIONS —
CONTINUED)
White stated that he would be comfortable with an 8.5' stall, adding a mere 8' more feet to the
length of the lot. Other Council members concurred.
Murphy moved, White seconded, to direct staff to draft a resolution approving the amendment and
CUP request in order to construct a larger addition, adding a second story above, subject to the
Planning Commission conditions, as well as, maintaining 16 parking spaces at a width of 8.5' to
serve a maximum of 100 students. VOTE: Ayes 5, Nays 0.
8. #06 -3172 LEMMERMAN CONSTRUCTION FOR TIMOTHY AND LYNN ANN
BRADY, 3555 FREDERICK STREET — VARIANCES — RESOLUTION NO. 5441
Gaffron reported that the Planning Commission voted 6 -0 to recommend approval of the revised
request for variances at its March 200' meeting; however, the applicants are present to request that
their rock wall within 75' of the lake be allowed to remain for erosion control reasons. Gaffron
noted that it is staff's position that the erosion problems could be resolved by grading.
•
Mr. Brady stated that they had put down fabric and boulders with a landscaper to stop the erosion
of the steep slope into the lake.
Murphy questioned the need to pull them out, as it is a short wall and would cause more havoc to •
be removed.
Mrs. Brady questioned how staff could conclude that grading alone would resolve the erosion
problem and the maintenance of a steep slope.
Kellogg indicated that he believed a 3:1 slope could be attained with fill added to the lakeside of
the wall.
Jurgen, of the Planning Commission, cautioned the Council on approving the after the fact variance
as it could be precedent setting; whereas, in similar cases applicants have been required to make
removals and use grading.
McMillan concurred, stating that the city has forced people to remove rocks before and she
believed the Council needed to be fair and consistent. She encouraged the applicant to grade the
area and staff to post on the website items like this that can be so easily overlooked.
Mr. Brady pointed out that the previous owner had attempted to plant along the slope and this
continually was washed away into the lake.
McMillan moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 5441, a Resolution
granting 35% hardcover within the 75' -250' zone in order to construct a new attached garage
and construct a 2nd (halt) story addition to the residence at 3555 Frederick St., requiring the
removal of the rock wall. VOTE: Ayes 5, Nays 1— Murphy dissenting as noted above.
PAGE 10 of 14
�J
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
(8. #06 -3172 LEMMERMAN CONSTR
3555 FREDERIC %STREET — VARIAi
Though he was apologetic to force them to
the City could not allow it to remain.
9. #06 -3173 CITY OF ORONO
ORDINANCE AMENDMENT — C
V FOR TIMO THY AND L YNN ANN BRAD Y,
RESOL UTION NO. 5441— CONTINUED)
the removals, Sansevere pointed out that legally
L DISTRICT ZONING STANDARDS
NO. 32, 3rd SERIES
Gaffron presented the Council with the final revisions of the City of Orono Industrial District
Standards which included language requiring that buildings shall be constructed with no less than
67% high quality masonry materials, excluding doors and windows. Furthermore, that no more
than 33% of the total exterior materials may be architectural concrete panels and rock faced
concrete block. In addition, Gaffron reviewed clarification and changes to the wall signage section.
Murphy moved, Mayor Peterson seconded, to adopt Ordinance No. 32, 3rd Series approving
the Zoning Code Amendment; Industrial District Standards Ordinance changes.
McMillan interjected that, while she questioned
she believed it would give applicants a way to r.
certain standards are met.
White stated that, he too, had encouraged the
to current builders about the revisions, and bf
McMillan pointed out that it is important that
these so- called `industrial zones' are not the
the strict threshold guidelines at the last meeting,
rove forward without total City Council review if
to review the threshold process, while speaking
d they had found a happy medium.
City hold its developers to certain standards, as
industrial zones of the past.
Johnson, Attorney to Morrie's, stated that they, foo, have begun paying close attention to the design
standards put in place in new industrial zones and believe that the percent use of materials
mandated by the city seems too high for an industrial zone. In such cases where an applicant is not
willing to meet the utmost standards, must those! applicants apply for a CUP and come before the
City Council.
Greg White, VCI Capital of the Ryan Group, vo:
section and referred to their letter on file for the
the north side of Highway 12 will be allowed to
than has been determined here. He questioned w
held to a higher standard that seems somewhat a
VOTE: Ayes 5, Nays 0.
d their continued opposition to the materials
ord. He pointed out that businesses located on
s different materials without applying for a CUP
the businesses on the south side were being
PAGE 11 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
*10. #06 -3181 ESKUCHE CREATIVE GROUP ON BEHALF OF KELLY LEISCHOW,
1200 OLD CRYSTAL BAY ROAD SOUTH — CONDITIONAL USE PERMIT —
RESOLUTION NO. 5442
Murphy moved, Sansevere seconded, to adopt Resolution No. 5442 approving the CUP to
allow plumbing in an accessory building in order to construct a bathroom consisting of a
toilet, sink, and shower within a new pool house. VOTE: Ayes 5, Nays 0.
MAYOR/CITY COUNCIL REPORT
Sansevere reiterated his desire to see the bigger more controversial issues placed at the lower half
of the agenda and the smaller quick pieces placed at the top of the agenda so that these individuals
don't have to stay around all night to listen to discussion.
McMillan suggested that staff consider placing residential items first, followed by commercial
items last.
Brokl pointed out that, if Council members wish to do so, they may adjust the Agenda at the outset
of the meeting.
CITY ENGINEER'S REPORT
Kellogg had nothing to report.
•
CITY ADMINISTRATOR'S REPORT
Moorse acknowledged a letter from the LMCC who would be hosting a meeting on high speed
internet which welcomed representatives from Orono to attend.
Moorse reminded the Council that the Hill School would again be asking for tax exempt bonding
status and that a public hearing would need to be scheduled.
Sansevere reiterated his concern that, though legally there is no conflict of interest, he feared the
appearance of one.
Murphy asked whether the Attorney could supply the city with a memo of his legal opinion on this
tax exempt bond process and whether cities do this all of the time.
Brokl stated that he would provide a brief statement via memo and report back on bond issues at
the next meeting.
Gaffron stated that the City sent a response as requested by the DNR with regard to Mound's
request to be allowed zoning for smaller lot sizes. He pointed out that the response indicated that
Orono philosophically disagreed with the request; however, the DNR seems to be insistent we
provide a concrete answer.
PAGE 12 of 14
ORONO CITY
Monday,
. 7:00
•
•
ES OF THE
OUNCIL MEETING
larch 27, 2006
clock p.m.
( *10. #06 -3181 ESKUCHE CREATIVE GR6UP ONBEHALF OFKELLYLEISCHOW, 1200
OLD CRYSTAL BAYROAD SOUTH— CONDITIONAL USE PERMIT— RESOLUTIONNO.
5442 — CONTINUED) I
Moorse indicated that he would be contacting the DNR to determine what impact adjacent cities
approval has on this decision and whether the neighboring communities actually have veto power.
He questioned instead whether the DNR was loloking for someone else to pin the decision on.
City Council members indicated that they would prefer the DNR make the final decision so that
Mound does not blame Orono in the event it is denied the request.
*11. BID AWARD — STREET
Murphy moved, Sansevere seconded,
Nays 0.
*12. APPOINTMENT OF CITY
CE MATERIALS BID 2006
the year 2006 Materials Bid. VOTE: Ayes 5,
Murphy moved, Sansevere seconded, appointing Evelyn Turner to the position of City
Planner, with a starting salary at Step H of the Level 3 salary range, effective March 29,
2006. VOTE: Ayes 5, Nays 0. {
*13. NORTH FERNDALE ROAD SEALGOAT PROJECT
Murphy moved, Sansevere seconded, authorizing the City's participation in the cost of the
seal coat project for North Ferndale Road, atfan estimated cost of $8,500, and to amend the
MSA Fund budget to reflect this expenditure VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT - Attorney
*14. LICENSES
RESIDENTIAL KENNEL LICENSE
1. Jim and Judy Hatchett
840 North Shore Drive
2. Michael and Cindy LeJeune
480 Old Long Lake Road
3. Jim and Jennifer Matasovsky
1290 Loma Linda Avenue
Murphy moved, Sansevere seconded, to
had nothing to report.
the above license. VOTE: Ayes 5 Nays 0.
PAGE 13 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 27, 2006
7:00 o'clock p.m.
*15. BILLS
Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE:
Ayes 5, Nays 0
ADJOURNMENT
McMillan moved, White seconded, to adjourn the Orono City Council Meeting of March 27,
2006 at 10:35 P.M. VOTE: Ayes 5, Nays 0.
ATTEST:
1]
Lin a S. Vee, City Clerk Barbara Peterson, Mayor
PAGE 14 of 14
•
0