HomeMy WebLinkAbout04-24-2006 Council Minutes- a
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 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 SansevIere, Lili McMillan, Jim Murphy, and Jim White;
Acting City Attorney Joel Jamnik; 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 7:00 P.M, followed by the Pledge of Allegiance.
CONSENT AGENDA
1. Approve /Amend
Items 11, 12, 13, 14, 15, 16, and 8 were added to the Consent Agenda.
Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
• *2. REGULAR COUNCIL MEETING OF APRIL RIL 10, 2006
Murphy moved, White seconded, to approv6 the Minutes of April 10, 2006, as submitted.
VOTE: Ayes 5 Nays 0. 1
RECOGNITION .I
3. TOM KUEHN, FINANCE DIRECTOR —
Mayor Peterson recognized Tom Kuehn for
Finance Director - Treasurer.
NO. 5454
30 years of dedicated service to the City as
Murphy moved, White seconded, adopting RESOLUTION NO. 5454, a Resolution
recognizing Tom Kuehn for his nearly 30 years of dedicated service to the City as Finance
Director — Treasurer. VOTE: Ayes 5, Nays 0
4. J. MARC FRITZLER, PLANNING COMMISSION — RESOLUTION NO. 5455
Murphy moved, White seconded, adopting RESOLUTION NO. 5455, a Resolution
recognizing J. Marc Fritzler for his service as a member of the Planning Commission.
VOTE: Ayes 5, Nays 0. i
5. JIM LESLIE, PLANNING
— RESOLUTION NO. 5456
• Murphy moved, White seconded, adopting RESOLUTION NO. 5456, a Resolution
recognizing James D. Leslie for his service as a member of the Planning Commission. VOTE:
Ayes 5, Nays 0.
PAGE 1 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006
7:00 o'clock p.m.
PARK COMMISSION COMMENTS — Irene Silber, Representative
There were none.
PLANNING COMMISSION COMMENTS — Travis Winkey, Representative
Winkey stated that he had nothing to report, but would remain for questions.
PUBLIC COMMENTS
There were none.
ZONING ADMINISTRATOR'S REPORT
6. #05 -3136 TROY BROITZMAN, 1860 SHORELINE DRIVE, VARIANCE
Gaffron explained that this item was tabled two weeks ago, which allowed the applicant to submit
more detailed and revised plans. Although a landscape plan has not been provided regarding the
size, types, and specific locations, Gaffron stated that the preliminary plan does include some
elevation views of all 4 sides.
— Sansevere asked whether a vague landscape plan such as this was acceptable. is
Gaffron stated that he was concerned by the lack of detail in the landscape plan and noted that the
City Engineer would need to provide comment with regard to swales, grading impacts so close to
the property line and existing trees, etc. He questioned whether Council found grading so close to
the property line acceptable, as well as, a driveway merely 5 -10' from the lot line. He suggested
that additional screening would be necessary and questioned the positioning of added screening on
the neighbor's properties. He pointed out that neither hardcover nor structural cover was of issue,
although the average lakeshore setback, lot and width variances were necessary.
McMillan questioned whether the deck would impact the average lakeshore setback.
Gaffron stated that the ground level deck or patio did not impact the average lakeshore setback line,
and in fact, he noted that the two neighbors had consented to the placement of the home where
positioned so as to have less impact on them.
White insisted that the City be provided with a landscape plan which reflects new plantings to
buffer the driveway impacts and replaces removals.
Mayor Peterson stated that she was concerned with regard to the swales on the north side so close
to the lot line and the impacts grading will have on existing vegetative buffer.
Kellogg stated that he shared some of the same concerns and questioned a shared swale along the
lot line to serve this property. He suggested that he might need a revised grading and drainage plan •
to bring the swale and buffers within the applicant's own property. He indicated that the applicant
would need a temporary easement to grade close to the lot line or on the neighbor's property.
PAGE 2 of 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
• Monday, April 24, 2006
7:00 o'Iclock p.m.
(6. #05 -3136 TROYBROITZMAN, 1860 S ORELINE DRIVE, Continued)
Sansevere asked how often the City allows an applicant to place plantings on a neighbor's property
in an effort to offset his removals.
Gaffron stated that it is extremely rare or an unusual exception to use adjoining property owners'
lots to plant a buffer.
Broitzman stated that the house's footprint is 4764 without the 1,000 s.f. veranda, with a main floor
of 3285 and 2 "d floor of 4072 s.f.
Mayor Peterson reiterated by asking how the applicant could take care of a drainage swale when
the property is entirely built out.
Although he needed additional information and 'to visit the site, Kellogg suggested that the swale
could be pulled onto the subject's property by possibly lowering the garage elevation a little bit to
get some grading done within the applicant's property.
McMillan pointed out that the existing spruce tr es would likely be lost if the swale collected water
in this area.
Kellogg concurred, stating that any grade change adjacent to those trees would be a concern.
Although he had not seen precisely where the trees were situated with regard to the proposed
driveway and grading, Kellogg suggested that al crest in the driveway as an additional way of
controlling the water and directing it away from this area with supplemental plantings might be a
possibility.
Blake Bichanich, of Blake and Associates Architects, stated that they were working with the
neighbors to come up with a mutually agreeable landscaping plan.
Sansevere asked why-they had not met with a
couple of weeks.
Broitzman indicated that he had met with a
concept plan by Friday.
architect to develop a plan over the past
architect that day and would likely have a
Mayor Peterson, once again, stated that she had "strong feelings about knowing what screening
there would be, including types, kinds, sizes, etc. She found it unfair of the applicant to suggest that
he would put screening on neighbor's properties to offset what he has created and was concerned
about the impacts of a swale near the lot line.
White questioned using the driveway as a sort of swale with an inverted crown directing water to
pool along the property line and causes the existing vegetation to have wet feet.
Although he believed Mr. Broitzman had made any improvements since the last meeting,
• Murphy maintained that if the footprint and size I of the proposed residence was smaller the City, or
neighbors, would not be faced with these issues. He believed that a house of this magnitude would
be setting a new precedent or standard of scale in this neighborhood. He saw, not only the driveway
PAGE 3 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006 •
7:00 o'clock p.m.
(6.#05-3136 TROYBROITZMAN, 1860 SHORELINE DRIVE, Continued)
as an issue, but also the swale, screening, drainage, and wetland preservation as potential issues. In
addition, he did not wish to see the applicant cut in a temporary driveway in back for the house
burn.
Sansevere concurred, pointing out that if the house were more narrow, the applicant would not
have to plant his screening on the neighbor's properties. He indicated that he needed to see a real
landscape plan and that he would not support anything but tabling the application at this time.
Murphy stated that the council will do all that it can to preserve the remaining trees and keep the
existing buffer in place.
Broitzman stated that they had marked the high point of the driveway and that the water flows in
opposite directions from this high point.
Murphy reiterated that the City needs more detail on drainage and how the water will flow. Once
again, Murphy noted that while they had come a long way since the last meeting, the home is still a
bit too wide and the Council would not be ready to make a motion tonight.
White commented that it is not the City's intent to create problems for the neighbors by allowing
this to move forward tonight and pointed out that the City can require that additional adjustments
be made. He noted that photos would be useful.
McMillan asked whether the current wetland has been delineated or whether it could support the
additional water flow that is being proposed.
Broitzman stated that they had turned in a wetland delineation with their original application and
that this wetland has been called an incidental wetland created by the driveway and no culvert to
divert it.
Kellogg stated that he would require submittals of pre and post drainage numbers and the
associated calculations. He pointed out that the water will not jump the driveway as suggested by
the applicant to continue its path.
Murphy repeated his concern that the applicant is pushing the margins as proposed and that staff
will determine how the width of the house impacts all of these things. He reiterated that a smaller
home would lessen and answer some of the remaining questions. Though many questions remain,
few solutions have been given.
Greg Coward, 1950 Heritage Drive, echoed the City Council's sentiments stating that this
extremely big home on a small lot creates lots of serious issues. He stated that he had met with
Broitzman and Bichanich last week to discuss several points. He maintained that adequate
screening could not be accomplished without adding trees to both neighbors' properties and
Coward suggested that he was agreeable to the additional trees being planted on his lot. He pointed
out that he is lower than the applicant and that the driveway impacts of car headlights would be
great. In fact, Coward stated that he was told by the applicant that the driveway would be
constructed in such a way to obscure or shield them from headlights pointing directly at them,
PAGE 4 of 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006
7:00 o'clock p.m.
(6. #05 -3136 TROYBROITZMAN,1860
DRIVE, Continued)
though this is contrary to what they were hearing this evening. He objected to lights sweeping
across his home coming and going and urged council to require additional landscaping.
l
Morris Nelson, 1900 Shoreline Drive, stated that something needs to be designed that fits on the
property rather than being pushed off on the neighbors' lots. He believed something more
reasonable could be proposed, rather than trying to shoehorn something in that does not fit the size
or character of the lot and will adversely impact the values of all neighbors' properties.
Murphy asked what the long range plans were for the ancillary buildings in the back of the
properly.
Broitzman stated that he planned to remove the !old garage after construction and had no plans for
additional buildings at this time. .
Gaffron pointed out that the applicant would
an additional 1200 s.f.
White asked whether the applicant could be al
driveway which runs straight into the home ra
neighbors.
bly be allowed an accessory structure of up to
-d a deeper cut through the lot to create a
than sweeps across the lot causing impacts to the
Mayor Peterson stated that this structure does not fit the land, nor does the massing of the structure
fit on a narrow lot without adversely impacting all of the neighbors.
Sansevere commented that he would support a
driveway which would have less impact on nei
McMillan stated that the applicant has maxed e
straight up vertically. She maintained that she N
has asked for than expect the neighbors to give
wants. She stated that the neighbors should not
White suggested that if the applicant would
driveway would disappear.
Nelson pointed out that the applicant had a
removing the trees in front of his property.
Broitzman stated that he could work with ai
side to force drainage in a certain direction.
to allow the applicant to come straight in on a
ything out from setback to setback including
Id rather see him give up a bit of the space he
their rights in order for him to get what he
asked to carry the burden of his size.
iminate one garage stall, the whole need for the side
Sansevere reiterated that it is not the neighbors'
applicant must address the drainage on his own
Sansevere stated that he would not support usin
and again urged the applicant to adjust the wide.
removed a buffer to County Road 15 by
neighbor to ask them if he could add fill on their --
responsibility to carry his burden. Either the
property or downsize the footprint of his home.
the neighbors to solve the applicant's problems
i of his footprint.
PAGE 5 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006 t
7:00 o'clock p.m.
(6.#05-3136 TROYBROITZMAN, X860 SHORELINEDRIVE, Contit:iced)
Mayor Peterson and Murphy agreed.
Gaffron interjected stating that a stop work order had been placed on the property today regarding a
tower that had gone up on the site. As it is not a flag pole, utility pole, and is not allowed in the
LR1A district, it is not an allowed pole and must be removed. Gaffron pointed out that there is a
48 hour removal mandate and a concern that should be addressed by City Code at a later date.
Broitzman stated that he had asked Inspector Oman about putting up a temporary pole and what the
permit process was.
Gaffron stated that Oman did not recall a conversation about the purpose of the pole outside the
allowed uses and size. !.
McMillan asked what the applicant's intent for the pole was.
Broitzman stated that he had planned to photograph a time lapsed sequence on DVD of the house
burn and reconstruction.
I
Murphy commented that this is no temporary light pole or flag pole and is consistent with how the
story line has gone thus far, he asked how the City can continue to go down this'path with this •
applicant and stated that it must be removed. j
Nelson stated that it was his understanding from the applicant that the fire department had put up
the pole to tape the burn and that it would be coming down right after that.
Broitzman asked what was allowed.
Gaffron stated that a 30' high flag pole is allowed, though no webcams on poles throughout the
city, especially in a residential neighborhood are allowed. Even antennas, which this isn't, are
required to be set inside the lot line with a setback at least as tall as the pole itself, which this is not.
White moved, Sansevere seconded, to table the application pending further information and
for redesign purposes of the applicant.
Gaffron pointed out that the 6 month review period was near and should be extended an additional
30 days.
Broitzman stated that he would sign an extension.
VOTE: Ayes 5, Nays 0.
PAGE 6of10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006
7:00 o'clock p.m.
*7. #06 -3177 WILLIAM AND ANN
CONDITIONAL USE PERMIT — RESOL
Murphy moved, White seconded, adopting
conditional use permit for plumbing in an ,
VOTE: Ayes 5, Nays 0.
*8. #06 -3182 JEFF MIKKELSON, 1
RESOLUTION NO. 5458
Murphy moved, White seconded, adopting
lot area and width variances to construct a
street side deck to 35 s.f. VOTE: Ayes 5, P
*9. #06 -3186 MINNETONKA PORT
372 WESTLAKE STREET — CONDITIOT\
LCKIN, 4355 CHIPPEWA LANE —
NO. 5457
LUTION NO. 5457, a Resolution granting a
ry structure at 4355 Chippewa Lane.
BALDUR PARK ROAD — VARIANCE —
; OLUTION NO. 5458, a Resolution granting
residence provided the applicant reduce the
0.
,E DREDGING FOR ROBERT ERICKSON,
USE PERMIT — RESOLUTION NO. 5459
Murphy moved, White seconded, adopting RESOLUTION NO. 5459, a Resolution granting a
conditional use permit for a permanent dock at 372 Westlake Street. VOTE: Ayes 5, Nays 0.
*10. #06 -3190 BRUCE DAYTON AND RICHARD RINEHART, 965/990/985 OLD
LONG LAKE ROAD — LOT LINE REARRANGEMENT — RESOLUTION NO. 5460
Murphy moved, White seconded, adopting
a Subdivision of a Lot Line Rearrangement
965 and 985 Old Long Lake Road — File #0f
MAYOR/CITY COUNCIL REPORT
:SOLUTION NO. 5460, a Resolution approving
A Lot Area Variances for Properties located at
190. VOTE: Ayes 5, Nays 0.
Sansevere commented that a group organizing a potential natural foods co -op is looking to lease
space in Orono or Long Lake. I
Murphy indicated that he liked the idea and
Murphy stated that he was expecting big things
evening regarding public works and water.
McMillan reported that Del Miller, of the 3 Ri
task force design development phase for the D
specifics on the trail. She noted that if all goes
for bids-in the fall.--
Murphy added that he had attended the State
Johnson recently and during the reception apl
Dakota Line. Murphy pointed out that McLat
the project and even acknowledged that some
see a fit with a co -op in this area.
come out of a work session the following
Park District, said that the board had approved a
3 Rail Trail and looked forward to getting design
irding to plan, the project could begin going out
County address given by Representative Randy
ed Commissioner McLaughlin about the
voiced his, as well as the County's support of
actor funding grants might be available.
PAGE 7 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006
7:00 o'clock p.m.
(MAYOR/CITY COUNCIL REPORT, Continued)
White stated that he would be attending a transit meeting in May, at which time, trail connector
fund grants can be applied for.
Mayor Peterson stated that she had attended an event for Officer Dan Fischenich. In addition, she
went to a meeting at the Long Lake Fire Department with police, firefighters, and the North
Memorial Air Care trauma unit folks whose Director commended the work of our Orono people
who had worked with the air care service. She pointed out that the air care unit would be moving to
Lakeville or Princeton in the near future which would result in a bit longer response time.
Murphy stated that he had also attended the Long Lake Fire Department Pancake breakfast which
appeared to have been well attended by the public.
CITY ENGINEER'S REPORT
Kellogg had nothing further to report.
CITY ADMINISTRATOR'S REPORT
*11. NEW RADIO READ WATER METERS AND SOFTWARE
Murphy moved, White seconded, approving the purchase of the Neptune hand -held meter
reader, the related software and training, and 200 water meters from Davies Northern
Waterworks, at a cost of $48,312.50, and to amend the Water Fund budget to reflect the
expenditure. VOTE: Ayes 5, Nays 0.'
*12. AUTHORIZE BIG ISLAND PARK EXPENDITURES
Murphy moved, White seconded, approving the expenditure of $7,087 for the burying of the
power lines on the Big Island Park property. VOTE: Ayes 5, Nays 0.
*13. APPROVE ORONO PD MEMBERSHIP IN METRO CRITICAL INCIDENT
STRESS MANAGEMENT TEAM (CISM)
Murphy moved, White seconded, approving the expenditure of $250 to the Metro CISM
Team, patron membership level. VOTE: Ayes 5, Nays 0.
*14. APPOINT ACTING FINANCE DIRECTOR
Murphy moved, White seconded, approving the appointment of Ron Olson as Acting Finance
Director at Step 1 of the Level 8 salary range, effective May 1, 2006, and continuing until a
new Finance Director is appointed. VOTE: Ayes 5, Nays 0.
*15. GOLF COURSE SEASONAL EMPLOYEES (CORRECTED)
Murphy moved, White seconded, approving a seasonal employee pay range of $8.50 to $9.10 •
per hour for the 2006 season.
PAGE 8 of to
MINUTES OF THE
ORONO CITY COUNCIL MEETING
• Monday, April 24, 2006
7:00 o'clock p.m.
( *I5. GOLF COURSE SEASONAL EMPLOYEES (CORRECTED), Continued)
Murphy moved, White seconded, to hire the seasonal employees listed at the proposed wage
rates and under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Acting City Attorney Jamnik had nothing to
*16. LICENSES
RESIDENTIAL KENNEL LICENSE
1. Carol G. Brooks
980 Ferndale Road West
TOBACCO LICENSE
PAGE 9 of io
2. Western Convenience Store
Thomas Miller
2160 Wayzata Boulevard West
•
SPECIAL EVENT
3. Applicant:
Denny's Super 30/Dennis Nelson
Event:
Wednesday Evening Bassin'- Fishing Tournament
Location:
Wayzata Marine - Maxwell Bay
Date:
June 14 & 21, July 19, August 16 & 30, September 13 & 21, 2006
Time:
4. Applicant:
Gear West/ Jan Guenther
Event:
Run/Bike/Run
Location:
!I
Orono School Grounds and Surrounding Area
Date:
Sunday, May 21, 2006'
Time:
8:30 a.m. — 9:30 a.m.
5. Applicant:
Stonewood Design Build
Event:
2006 Midwest Home Home Tour
Location:
Garden/Luxury
825 Tonkawa Road
Date:
June 9 -10, 16 -18, and 23 -25, 2006
Time:
Noon - 6:-00 p.m., Fridays - Sundays - - - -
Murphy moved, White seconded, to approve)
the above license. VOTE: Ayes 5 Nays 0.
*17. BILLS
Murphy moved, White seconded, to approve;
payment of the All Funds account.
VOTE: Ayes 5, Nays 0
PAGE 9 of io
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 24, 2006 •
7:00 o'clock p.m.
I�11felori01 1 yj1D1►I11
Murphy moved, Mayor Peterson seconded, to adjourn the Orono City Council Meeting of
April 24, 2006 at 9:15 P.M. VOTE: Ayes 5, Nays 0.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson, Mayor
PAGE 10 of to