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HomeMy WebLinkAbout05-22-2006 Council Minutesa 0 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. ROLL The Council met on the above mentioned date Jim White; Council members Bob Sansevere, Brokl; Representing staff were, Planning Dire Tom Kellogg, and Recorder Kristi Anderson. Mayor Barbara Peterson and City Administrat Acting Mayor White called the meeting to ord CONSENT AGENDA 1. Approve /Amend Items 8, 10, 11, 12, 13, 14, 15, and 16 were Murphy moved, Sansevere seconded, to 4, Nays 0. APPROVAL OF MINUTES h the following members present: Acting Mayor McMillan, and Jim Murphy; City Attorney Matt, Mike Gaffron, Planner Evelyn Turner, Engineer Ron Moorse were absent. at 7:00 P.M, followed by the Pledge of Allegiance. to the Consent Agenda. the Consent Agenda as amended. Vote: Ayes *2. REGULAR COUNCIL MEETING OF MAY 8, 2006 Murphy moved, Sansevere seconded, to apy VOTE: Ayes 4 Nays 0. *3. RECONVENED BOARD OF APPEAL Murphy moved, Sansevere seconded, to apI Appeals and Equalization Meeting as subm. PARK COMMISSION COMMENTS — Mil There was no report. PLANNING COMMISSION COMMENTS Kroeger stated that he had nothing to report, PUBLIC COMMENTS - There were none. the Minutes of May 8, 2006, as submitted. ND EQUALIZATION OF MAY 8, 2006 ive the Minutes of the May 8, 2006, Board of ed. VOTE: Ayes 4 Nays 0. Buddy, Representative pick Kroeger, Representative would remain for questions. PAGE 1 of 9 ISM MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 4. #05 -3136 TROY BROITZMAN, 1860 SHORELINE DRIVE — VARIANCE — RESOLUTION NO. 5468 Gaffron explained that the applicant had submitted a new grading plan, new landscaping plan and new building plans and elevations since the May 8 meeting. The plans continue to have the driveway accessing to Heritage Drive, but show an attempt to direct drainage to the front. Gaffron indicated that the applicant requests final approval for the lot area, width, and average setback vanances. The changes to the house plans included the length of the garage wing had been shortened approximately 6 feet, the bonus room above the westerly half of the garage wing had been eliminated, reducing the bulk of the structure above the garage area, and the basement theater had been lengthened while the storage below the westerly half of the garage wing had been eliminated, becoming an unexcavated area. a Gaffron pointed out that the attempt to direct runoff toward Shoreline Drive is a positive improvement. He explained that the added runoff from the proposed rear driveway would be insignificant in terms of adding to any floodwater height if flooding were to occur. Additional information requested by the City Engineer included pre -post drainage calculations, information regarding what the impacts of a 100 -year runoff would have on the small wetland on the applicant's property, as well a the Foxhill outlot, and finally, noting that the grading around the • front terrace has changed to include more fill exposing less of the terrace wall to Shoreline Drive, leaving the walkout opening toward the side lot line. Gaffron pointed out that staff does not support the retention of the driveway to Shoreline Drive and believes a driveway to Heritage Drive could be designed and implemented to have no unreasonable impacts to neighboring properties. Christine Wytaske, 1860 Shoreline Drive, and Jim Palmer of Advanced Surveying and Engineering were present with the applicant to address drainage and landscaping questions. Murphy stated that he went out to the site once again, and while he appreciated the willingness of the applicant to make some changes to the massing, knocking off the top of the garage wing, he still felt the home was massive and somewhat out of scale. In addition, he stated that he was more convinced than ever that the driveway should remain off Shoreline Drive, rather than disrupting so much in the rear of the home to lose one curb cut. McMillan complimented the applicant on the more natural proposed landscaping plan. Murphy continued, stating that he believed they could enhance the current driveway off County Road 15 with plantings and trees to provide screening. He asked whether the neighbors were in support of his proposal. McMillan disagreed, stating that she supported the opposite approach. She believed the applicant had adequate hardship to support his plans and had adjusted them accordingly to address staff and • City issues, plus would eliminate a curb cut as requested by the County. PAGE 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 of clock P.M. (4. #05 -3136 TROYBROITZMAN, 1860 Sansevere questioned whether the County allowed it to remain. DRIVE, Continued) deny the retention of the curb cut if the City Brokl indicated they could not force the removal of the existing curb cut. White stated that he, too, concurred with Murphy, and preferred the driveway from County Road 15 with additional trees planted on either side. He felt the applicant would have better sightlines from the current drive than off Heritage and did not believe the elimination of one curb cut justified the impacts that would be made on the back side of the home. While he appreciated the applicant's efforts to bring down the massing, Sansevere asked how many trees were originally removed near County Road 15 and how many more would be impacted if the driveway were moved to Heritage Drive. Mr. Coward stated that he would support the front driveway with additional plantings along the driveway to lesson the impacts from County Road 15. He stated that the removals of the earlier pines doubled their exposure to the traffic on 15. Sansevere asked whether the Council could support the level of massing now proposed. • Murphy stated that the Council needed to move on and could not allow the neighbor's to further design the house with regard to massing, but the Council could protect the neighbor's impacts from lights and curb cuts. Sansevere stated that he would support both Murphy and White's position. Wytaske requested that, if the driveway were placed off the front, whether they could be allowed to design a plan with trees that would not grow to 1�excessive heights blocking their views. Broitzman questioned whether there were limitations which prohibited him from taking trees down on his lot that were outside the 0 -75' zone. He pointed out that, if he was allowed to remove trees on his property, his neighbor's could lessen the'impacts themselves by planting trees on their lots if they wish additional buffers. Sansevere interjected his opposition to the applicant's rationale, indicating that if he chose to go down that line of reasoning, they would vote to deny the application. Wytaske pointed out that the applicant has put forward his best plan on all fronts and was becoming frustrated by the limitations being imposed upon him. She asked that they be allowed to create a buffer within reason along the drive. McMillan reminded the Council that the City does not have a tree Ordinance in place which restricts residents from removing trees on their property which fall outside the 0 -75' zone. She stated that she felt strongly that people can do what they want with the trees on their property, even • if it impacts their neighbors. While it was unfortunate that the neighbor's were impacted by the removals, McMillan encouraged them to workogether to replant, she stated that we don't want to PAGE') of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. i (4.#05-3136 TROYBROITZMAN,1860 SHORELINE DRIVE, Continued) get into the business of screening for our neighbor's benefit. In addition, she pointed out that trees do not block noise. McMillan stated that Mr. Broitzman had a right to develop his property and the Council did not have to be punitive about the removals. Murphy stated that he still disagreed and maintained that the City had tried to get the applicant to redesign this substantial home. He stated that he would not support the proposed driveway. Palmer pointed out that incorporating a driveway off of the back could be done very nicely. Murphy questioned the need for a tremendous amount of fill to do so. Palmer stated that very little fill would be necessary and that the trees that would be removed were not worthwhile trees, but box elders and some buckthorn. He maintained that a better buffer could be planted with nicer trees. Murphy stated that he believed there already was a worthwhile driveway. Sansevere stated that he might consider a driveway off of the back if a better buffer would be replaced out front. Brokl stated that, due to the 60 day limitation, the Council must take action this evening. Broitzman asked if he left the driveway where it was and added additional trees for a buffer, if he could get approval this evening. Murphy stated that, if the applicant would work with staff and his landscape architect to come up with a suitable plan, he would grant approval. Wytaske stated that it seemed somewhat strict to require them to plant trees all the way up the front of the driveway, as that would be more than was previously there. Murphy stated that he wanted the applicant to plant trees, not just to replace those that were removed, but questioned the plan in which trees were voluntarily to be planted everywhere before, and now they feel the City was being strict requiring certain additions. Mr. Coward, 1950 Heritage Drive, stated that he felt the proposed rain garden was inappropriate, new trees to be planted in the back would not grow due to the conditions, and if the driveway was moved to the back it would be to their detriment. McMillan pointed out that the applicant could adjust the plantings to what would grow in the warranted conditions and encouraged the Cowards to make suggestions. Wytaske pointed out that they had approached the neighbors prior to the original tree removals and no one voiced their concern at that time. It was apparent that no one anticipated the impacts would be so great until after the removals. • PAGE 4 of 9 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. (4. #05 -3136 TROYBROITZMAN,1860 David Scott, 1905 Heritage Drive, stated that Heritage Drive. Morris Nelson, 1900 Heritage Drive, the home. Murphy moved, White seconded, to adopt R footprint and scale now proposed and that ti Heritage Drive, and be tree lined in a way to drainage approvals by the City Engineer. Brokl added the approvals of lot area, lot h subject to the conditions as stated by the Ci Murphy accepted the attorney's addendum Sansevere asked the applicant if he would be Broitzman stated that, if the application could conditions. VOTE: Ayes 3, Nays 1. McMillan disagreed Road 15 and for reasons stated earlier. *5. #06 -3179 TOM RADKE, 3424 RESOLUTION NO. 5469 DRIVE, Continued) still believed the curb cut should come off of to voice his opposition to the massing and scale of )lution No. 5468 approving the concept driveway come off of County Road 15, not rovide scale and buffer, subject to review and 1, and average lakeshore setback variances Engineer. with this action. resolved this evening, he would accept the the driveway should remain off County STREET — VARIANCE — Murphy moved, Sansevere seconded, to ADOPT RESOLUTION NO. 5469 , a Resolution granting a hardcover variance to allow 36.5 % in the 75 -250' zone with the condition that the City be granted an easement for the lift station. VOTE: Ayes 4, Nays 0. *6. #06 -3185 WJM PROPERTIES, 26015 WAYZATA BOULEVARD WEST — COMMERICAL /AMEND CONDITIONAL USE PERMITS — RESOLUTION NO. 5470 Murphy moved, Sansevere seconded, to adopt. RESOLUTION NO. 5470, a Resolution granting Industrial Site Plan approval for various building additions, site layout changes, and conditional uses, including a 25,620 s.f addition to the principal structure, the 250 s.f. addition to connect existing accessory buildings; revisions to approve the parking layout; the CUP amendment to revise conditions placed on the outside storage and display of vehicles; but denying the CUP for two 60' flagpoles, and does not include the signage proposal. VOTE: Ayes 4, Nays 0. 7. #06 -3189 TERRY AND SUZANNE JOHNSON, 543 PARK LANE — VARIANCE Gaffron explained that the applicants had been working with staff to reduce and revise their variance requests resulting in structural hardcover of 15 %, pulling the home slightly further from PAGE 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. (7.#06-3189 TERRYAND SUZANNE JOHNSON, 543 PARK LANE, Continued) the road and reducing the deck; also a reduction in the total hardcover in the 75 -250' from 54.9% to 53.9 %. He indicated that the applicant had also been working with the Minnesota Department of Health in order to relocate a well on their property in which the only option appears to be the street side of the home though challenges from setbacks, public and private sewer lines, structures, and overhead power lines pose additional problems. Gaffron noted that the applicants were still requesting a hardcover variance for 47% in the 75 -250' zone, a side setback variance to allow a 5.3' setback, an average lakeshore setback variance, as well as lot area and width variances to build their new home. Gaffron pointed out that the planning staff continued to recommend denial of the average Lakeshore setback variance and side yard setback variances and indicated that the applicant was requesting further direction from the City Council. Sansevere asked whether staff was willing to support the application, since there appeared to be no way to move the house back due to the well on the site. Gaffron stated that staff believed the house design could accommodate the well placement. Sansevere asked if the applicant had confirmation from the state on their position with regard to the placement and setbacks. [I Mr. Johnson stated that the inspector had visited the site several times and that the Codes support • what he said, though he was not willing to put the State recommendation in writing at this point. Murphy encouraged the applicant to work with staff to redesign and get the state recommendation in writing so that the City knows the exact variables. White stated that he found there to be a true hardship and suggested the applicant take another look at the design with staff. He noted that a three car garage would not be a bad idea. Mr. Johnson stated that he had been working with staff members since 2001 on various designs, some of which had been granted approval until the need for the new well arose. McMillan concurred, stating that this appears to be a very challenging lot to work with containing many constraints; therefore, there was little margin for error and encouraged the applicant to meet with staff once again. She questioned whether the state would consider granting a variance to the sewer lines. Gaffron pointed out that one option might be for the applicant to push the house in by 5' or move it towards the lake 5'. White asked fellow Council members what they considered more important, the side yard setback or the average lakeshore setback. McMillan found the side yard more important due to safety access by emergency vehicles etc. and could see some hardship to support an encroachment into the average lakeshore setback. PAGE 6 of 9 • ley- to) z[OX011W OF THE MEETING Monday, !May 22, 2006 7:00 o'clock p.m. (7.#06-3189 TERRYAND SUZANNE Johnson pointed out that the current home new proposed plan. He indicated that both writing, to encroach into the average lakes Attorney Brokl pointed out that the applicant r approval in order to get a written opinion with Murphy reiterated that the Council would be m setback encroachment with less need for a side provided their support in writing to encroach o: 5' encroachment there, with a smaller patio, an been negotiated. Sansevere moved, McMillan seconded, to Nays 0. 1 *8. #06 -3197 SUNCREST BUILDERS DUNWOODY AVENUE — VARIANCE — R 543 PARKLANE, Continued) further into the average lakeshore setback than the )ors on either side have voiced their support, in Aback if necessary. need some sort of contingent concept plan d to the well from the State. re inclined to support the average lakeshore ard setback variance. He believed if the neighbors the average lakeshore setback, he would support a somewhat narrower driveway once the well has the application for redesign. VOTE: Ayes 4, GRANT AND JULIE JOHNSON, 2445 UTION NO. 5471 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5471, a Resolution • granting hardcover and lot width and area variances and granting a Conditional Use Permit for land alterations to construct a new houseon the property. VOTE: Ayes 4, Nays 0. 0 *9. #06 -3202 TEMPLE ISRAEL, CA CONDITIONAL USE PERMIT — RESOL Murphy moved, Sansevere seconded, to granting approval of the CUP and hard MAYOR/CITY COUNCIL REPORT There was none. CITY ENGINEER'S REPORT *10. MCCULLEY ROAD BID AWARD Murphy moved, Sansevere seconded, to awai rehabilitation project to the low bidder, Buff $308,889.90. VOTE: Ayes 4, Nays 0. TEKO, 645 TONKAWA ROAD — DN NO. 5472 : RESOLUTION NO. 5472, a Resolution as requested. VOTE: Ayes 4, Nays 0. the bid for the McCulley Road street > Bituminous, Inc. in the amount of PAGE 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *11. APPROVE PURCHASE OF REPLACEMENT BACKHOE Murphy moved, Sansevere seconded, to approve the purchase of a Public Works replacement John Deere Tractor Loader Backhoe from RDO Equipment with the trade in of the existing 1979 Ford Tractor Loader Backhoe. The total cost with the trade in allowance is $76,336.23, to be funded from the year 2006 Improvement and Equipment Outlay Fund Budget. VOTE: Ayes 4, Nays 0. *12. APPROVE RENEWAL OF SAFE ASSURE SAFETY TRAINING PROGRAM Murphy moved, Sansevere seconded, to approve the proposal from Safe Assure Consultants, Inc. for conducting safety training and preparation of the related written programs and documentation at an annual cost of $3,495. VOTE: Ayes 4, Nays 0. *13. ESTABLISH NEW VOTING PRECINCT BOUDARIES — RESOLUTION NO. 5473 Murphy moved, Sansevere seconded, to approve RESOLUTION NO. 5473, a Resolution establishing new precinct boundary lines for Precincts 1 and 4. VOTE: Ayes 4, Nays 0. 0 *14. PAVEMENT MANAGEMENT PLAN Murphy moved, Sansevere seconded, to authorize Bonestroo and Associates to develop a • pavement management plan, and to assist the City in the development of a capital improvement plan, at a cost not to exceed $16,800. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT — Brokl Brokl stated that, with regard to the sign request by Morrie's, this would be discussed this week. In addition, a new access for the Floyd and Brookes' issue was being addressed. *15. LICENSES GARBAGE HAULER LICENSES 1. Allied Waster Service of the Twin Cities — Eden Prairie (BFI) 9813 Flying Cloud .Drive Eden Prairie, MN 55347 2. Randy's Sanitation, Inc. 4351 U.S. Hwy 12 SE Delano, MN 55328 PAGE 8 of 9 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 • 7:00 01 clock p.m. El • (*15. LICENSES, Continued) SPECIAL EVENT PERMIT 1. Applicant: Jane Best Regnier Event: Graduation Party with Location: 1205 Elmwood Avenu Date: June 11, 2006 Time: 3:00 — 7:00 p.m. ; Mu: Murphy moved, Sansevere seconded, to *16. SPECIAL EVENT PERMIT FOR usic from 5:00- 7:00 p.m. the above licenses. VOTE: Ayes 4 Nays 0. ICF, LLC. Murphy moved, Sansevere seconded, to approve the proposed parking plan as described and the special event permit as part of the Luxury Home Tour for Polar ICF, LLC for the property located at 2845 Watertown Road. VOTE: Ayes 4, Nays 0. *17. BILLS Murphy moved, White seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0 ADJOURNMENT Sansevere moved, McMillan seconded, to adjourn the Orono City Council Meeting of May 22, 2006 at 8:53 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Azle, / Linda S. Vee, City Clerk PAGE 9 of 9 Barbara A. Peterson, Mayor