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HomeMy WebLinkAbout06-26-2006 Council Minutesy. ti MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 26, 2006 • 7:00 o'clock p.m. • • I tie) Iwo] The Council met on the above - mentioned date wi Barbara Peterson, Council Members Bob Sanseve Ron Moorse; Representing Staff were Planning D Recorder Jackie Young. Council Member Jim Murphy was absent. Mayor Barbara Peterson called the meeting to ord CONSENT AGENDA 1. APPROVE /AMEND Items 10, 11, 11A, and 12 were added to the Cons Agenda. White moved, Lili seconded, to approve the Co. Glenn Solie, Application #06 -3183, inquired whet dock for the remainder of the summer while const Gaffron stated the City has allowed docks to r projects and then be removed. Gaffron stated agreement stipulating the removal of the dock 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF the following members present: Mayor Jim White, and Lili McMillan; City Administrator ;tor Mike Gaffron, Engineer Tom Kellogg, and at 7:00 p.m., followed by the Pledge of Allegiance. Agenda. Item No. 8 was removed from the Consent Agenda as amended. the Council would give him pennission to leave his ion is going on. ain for a period of time during constriction City requires the property owner to sign an a certain point in time. VOTE: Ayes 4, Nays 12, 2006 White moved, McMillan seconded, to approve the minutes of the June 12, 2006 City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. JAMESTOWN ROAD SANITARY SEWER PROJECT ASSESSMENT REARING Moorse stated following the neighborhood public hearing that was held regarding this project, bids were let to determine the costs of the project and the assessment to each resident. The proposed assessment is $10,000 per property for the 17 properties in the project and is for a 15 -year time period at an interest rate of 6.25 percent. Moorse stated the public hearing seduled for this evening is to gain comments from the residents concerning the assessment, and if there ch are no objections to the assessment, the Council may proceed forward on this project. .I PAGE 1 of 9 MINUTES OF TiEIE ORONO CITY COUNCIL MEETING Monday, June 26, 2006 7:00 o'clock p.m. a (3. JAMESTOWNROAD SANITARYSEWER PROJECT ASSESSMENT HEARING, • Continued) Moorse noted a property owner with a conforming septic system may also elect to request exclusion from the project assessment and the City will then finance the assessment debt service cost until the property does connect to the sewer system. At the time a property that requested exclusion from the assessment wants to connect to the sewer system, payment of the fiill current sewer connection fee is then required before a sewer connection permit is issued. McMillan inquired what happens if the property has an alternate septic site. Moorse stated regardless if an alternate septic site exists on the property, once the current septic system on the lot becomes nonconforming, that property would be required to connect to city sewer. Mayor Peterson opened the public hearing at 7:08 p.m. There were no public comments regarding this application. The public hearing was closed at 7:08 p.m. McMillan noted one property owner requested to be excluded from the project. Moorse stated that property owner would be deleted from the assessment roll and would then pay the full connection fee at the time the property is connected to the sanitary sewer. McMillan inquired what state law requires be done with the old septic tanks. Kellogg stated the tanks would have to be abandoned, which typically means that the top is removed and the walls collapsed and the area filled with soil. Kellogg stated the costs to abandon the tank are not included in the project costs but that the property owners were given an estimate on the anticipated costs to complete that work. Ben Young, 3105 County Road 6, inquired whether the grinder pump could be installed in the septic tank. Kellogg stated the pump does not work in the septic tank. a. ADOPT ASSESSMENT ROLL — RESOLUTION NO. 5478 Sansevere moved, White seconded, to adopt RESOLUTION NO. 5478, a Resolution adopting the Jamestown Road Neighborhood Sanitary Sewer Improvements Assessment Roll. VOTE: Ayes 4, Nays 0. b. AWARD CONSTRUCTION CONTRACT — RESOLUTION NO. 5479 Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5479, a Resolution Awarding the bid to Castrejon, Inc., in the amount of $74,921.50, for the Jamestown Road Sanitary Sewer Project. VOTE: Ayes 4, Nays 0. • PAGE 2of9 J n U is is i1 ORONO CITY COUNCIL MEETING Monday, June 26, 2006 7:00 o'clock p.m. PARK COMMISSION COMMENTS — LA Esau reported the Park Commission is in the proc White inquired whether the Park Commission has Esau stated they have not. White reconunended the Park Commission tour B PL.ANNING COMMISSION COMMENTS — Kempf stated he had nothing to report but would PUBLIC COMMENTS ESAU, REPRESENTATIVE of finalizing the park survey at the present time. Big Island yet. Island. IKEMPF, REPRESENTATIVE for questions. Richard Lyman, 715 Ferndale Road, suggested the 'Council consider enhancing the beauty of the city by reducing the number of light poles along roadways! Lyman stated the light poles could also be located further away from the roadway to help improve safety for a driver who may leave the roadway. Lyman commented it also is a waste of taxpayer money to I have the light poles located so close to one another. Lyman stated another way the City could enhance the beauty of the city would be to reduce the number of road signs along the highway. Lyman commented another way to improve the quality of air in this city would be to have the truck drivers shut off their engines when they are parked I�somewhere. Lyman inquired what the City of Orono has done with respect to requirements for drainage of water that goes into creeks and lakes. Lyman noted statewide: there has been a movement in the last few years to reduce the use of fertilizers along the shoreline and inquired whether Orono is being proactive in this regard. Sansevere. stated the City of Orono has historically been very proactive when it comes to preserving the water quality of the lake. I Moorse stated for the past 30 years the City has made protection of the lake a top priority, with the City's land use plan and water management plan centeredion ways to lessen runoff into the lake, improve the water quality of the lake, and how to best manage storm water. Moorse indicated a number of ponding areas have been created over the years to collect the runoff prior to the water entering the lake. Peterson commented the City Council may not be within the city but stated that the high cost of gasc Peterson inquired whether Mr. Lyman was Lyman stated he is referring to state signs and e: have to limit the number of signs along the new about light poles and signs statewide. to address the issue with the trucks left idling may help to curb that. to state signs rather than city signs. that the City assert whatever influence they 12 corridor. Lyman indicated he was talking PAGE 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 26, 2006 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) McMillan commented light pollution is a big issue for her personally and that there are some lights along 394 erected by Mn/Dot that could be replaced with a better type of shielded light. McMillan stated the primary reason for the lights is security. McMillan encouraged Mr. Lyman to write to Mn/Dot with his concerns. Sansevere stated the City has been proactive in its approach to protecting the lake and that he feels the same way that Mr. Lyman does on the other issues but that the City is limited in what it is able to accomplish in that regard. White noted outdoor advertising is not allowed in Orono. White stated in his view the amount of electricity being used and the coal being consumed to generate electricity will become a major issue in the coming years. ZONING ADMINISTRATOR'S REPORT 4. #05 -3102 STONEWOOD DESIGN BUILD, 920 BROWN ROAD SOUTH — VARIANCE — REVIEW REVISED PLAN Kathy Alexander, Architect, and Sven Gustafson, Contractor, were present. Gaffron stated Staff is requesting site plan review on this application. Gaffron noted the applicants were granted a variance in 2005 for lot width, lot area, and side setbacks. The resolution that was approved by • the Council specifically referenced site plans that were reviewed by the Planning Commission. Gaffron stated the issue that is bringing this application back before the City Council is whether further Planning Commission review is necessary. Gaffron indicated there have been some changes made to the site plan that may not be in conformance with City Code and would require further review. Gaffron indicated the Planning Commission was very specific in their discussions about the location and amount of encroachment and the plans received this spring have some revisions. Gaffron noted there is a new owner of the property since the time this application was reviewed by the Planning Commission. Gaffron stated there are now some different encroachments than what was previously approved. Gaffron noted the neighbors are aware of the changes and their corm-nents have been included in the Council packet. Gaffron requested the Council review the current plans, compare them to the originally approved plans, and review the Planning Commission memos and minutes from 2005. Gaffron reconunended this application be sent back to the Planning Commission for their review and comments. Gustafson stated when the house was originally designed, they were working with another client, and that it was the architect's belief that they were working within the variance approval. Gustafson stated Ms. Alexander had spoken with someone at the City requesting clarification prior to proceeding forward and that they believed they were in compliance with the variance approval. Peterson indicated she is in agreement with Staff's recommendation to refer this application back to the Planning Commission. • PAGE 4 of 9 • CJ • ORONO CITY ( Monday, 7:00 o (4. #05 -3102 STONE WOOD DESIGN B UI White noted the encroachment is being doubled a: item again. Sansevere concurred with sending the application Peterson stated in her view there have been sipnif Alexander stated part of the reason for the conf resolution does not cite specific house plans. A they conformed with the setback variance, they Gustafson stated the resolution reads any OF THE 'CIL MEETING 26, 2006 : p.m. 920 BROWNROAD SOUTH, Continued) that the Planning Commission should review this to the Planning Commission given the changes. changes to the plans. is the way the resolution reads and that the der stated she interpreted it to mean that as long as fine. that are not in conformance with city code. Peterson stated in her view they are intensifying the approval. Sansevere suggested any future questions be Gaffron stated this application would be on the Brokl noted the variance that was granted has Commission. to Mr. Gaffron. Planning Commission agenda. expired so it would need to go back to the Planning Gustafson stated they were told if they applied for a building permit it would be okay. Brokl stated the building permit would have been Gaffron inquired whether a renewal variance app] Brokl stated a new application should be submitte The City Council referred this application to the F based on the site plan that was approved. should be brought. Commission. 5. #05 -3131 STEVE BOHL OF BORLAND; DEVELOPMENT, INC., 190 WILLOW DRIVE NORTH AND 177 GLENDALE DRIVE — RPUD/FINAL PLAT/REZONING — RESOLUTION NO. 5480 AND ORDINANCE NO. 34, THIRD SERIES- Mark Gronberg, Surveyor, and Chris Pearson, Gaffron stated the applicants are requesting final pL applicant is requesting approval of an ordinance for RR -1B Rural Residential District to RPUD Residen 5 Agreement, which establishes the ongoing conditi installation of improvements; and a resolution grant approval. The approvals are conditioned on the dev Management Program for Glendale Cove" by AES, from the applicant as of yet, Staff will confirm upor management of the common spaces in conformance Law, were present. t approval for Glendale Cove. Gaffron stated the rezoning the property, except for the church lot, from Jal Planned Unit Development District; the PUD No. )ns of PUD approval as well as providing for the ng general development plan approval and final plat :loper following the "Ecological Restoration & hic. Although the covenants have not been received receipt that they contain language requiring ongoing with the AES program. Staff is expecting that the PAGE 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 26, 2006 7:00 o'clock p.m. (5. #05 -3131 STEVE BOHL OF BOHLAND DEVELOPMENT, INC., 190 WILLOW • DRIVE NORTHAND 177 GLENDALE DRIVE, Continue(l covenants will include the design standards that the applicant has proposed to follow in designing homes to have minimal visual impacts on a lot -by -lot basis. Staff recommends Council adoption of the resolution, acceptance of the language of the development agreement, and adoption of the rezoning ordinance. Pearson indicated Mr. Bohl had a previous commitment and was unable to attend tonight's meeting. Pearson stated he does not have anything to add to Staff's report. Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5480, a Resolution Granting General Development Plan Approval for Planned Unit Development No. 5 for Bohland Development, Inc., and Approving the Plat of Glendale Cove — File #05 -3131. VOTE: Ayes 4, Nays 0. White moved, Sansevere seconded, to accept the language of the "Planned Unit Development No. 5 Agreement for Glendale Cove ", and authorize the Mayor and Clerk to sign the Agreement. VOTE: Ayes 4, Nays 0. McMillan moved, Peterson seconded, to adopt ORDINANCE NO. 34, Third Series: An Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Certain Properties from RR -111, Single Family Rural Residential District, to RPUD Residential . Planned Unit Development District and Adding Section 78 -1011 Regarding Planned Unit Development No. 5 — File #05 -3131. VOTE: Ayes 4, Nays 0. *6. #06 -3183 PAUL THOMAS HOMES FOR GLENN SOLIE,1430 CHERRY PLACE — VARIANCE — RESOLUTION NO. 5481 White moved, McMillan seconded, to adopt RESOLUTION NO. 5481, a Resolution granting lot area and lot width variances and a conditional use permit, for the property located at 1430 Cherry Place. VOTE: Ayes 4, Nays 0. *7. #06 -3193 MARK FINNEY, 3210 NORTH SHORE DRIVE — RENEWAL VARIANCE — RESOLUTION NO. 5482 White moved, McMillan seconded, to adopt RESOLUTION NO. 5482, a Resolution granting a hardcover variance for the property located at 3210 North Shore Drive. VOTE: Ayes 4, Nays 0. 8. #06 -3199 MINNETONKA CENTER FOR ARTS, 2240 NORTH SHORE DRIVE — VARIANCE AND CONDITIONAL USE PERMIT Lorraine Kaley, 1395 Brown Road South, and Ben Dunlap, Minnetonka Center for Arts, were present. Kaley stated she suffers from pulmonary fibrosis, which means that her lungs do not work well, and she has a concern with the open -sided kiln being proposed for this property and the smoke that would be generated from it. Kaley indicated their residence is located east of the Art Center. PAGE 6 of 9 I • • • ORONO CITY ( Monday, 7:00 o (8. #06 -3199 MINNETONKA CENTER FO Kaley indicated she is unable to just shut her door into the house. Kaley stated she is here to gain mi Sansevere inquired how far Kaley's residence is lc Peterson stated she is located on the corner of Bro Sansevere commented that is located relatively .1 _ _I_ OUNCIL MEETING tune 26, 2006 clock p.m. ARTS, 2240 NORTH SHORE DRIVE, Continued) ;ause her furnace takes in outside air and blows it information regarding this proposal. from the Minnetonka Center for Arts building. Road and North Shore Drive. to the kiln. Kaley stated she did obtain some infonnation regarding the kiln and did visit the site but has not seen the plans for the kiln. Kaley noted the part of the plan that she reviewed is for the pad, the roof, and the chimney. Dunlap stated they are unsure what City requirements should be met regarding the kiln. Dunlap stated the kilns are going to be built by a professional kiln builder. Sansevere inquired whether the existing kiln is causing her any trouble Kaley stated it is not because it is a lot smaller. pounds and that the height of the chimney is her enough to divert the smoke away from her prope Sansevere inquired whether any environmental Dunlap indicated no environmental studies have Sansevere stated due to the lack of information ai application. Sansevere stated he would like to kn affect other residents in the neighborhood as well Dunlap stated it would be similar to a big wood fun Kaley stated according to her rough calculations, it the entire day. Dunlap stated the kiln would be fired up approximai Kaley requested this application be tabled until furl chimney, and the amount of smoke that would be ge Peterson inquired whether there are any other kilns c Dunlap stated he is not aware of any. Dunlap stated the kiln builder for some time now and that he has b Peterson inquired whether this application could be indicated the kiln that is being added is 10,000 ry concern. Kaley requested the chimney be high have been conducted. completed but stated that it is a wood - burning kiln. able tonight, it might be better to table this the environmental impact of the kiln because it may the students. equal approximately 28 barbecues running for once a month. information is obtained regarding the kiln, the -aced. the same approximate size within the metro area. y have been attempting to arrange a meeting with in Hawaii for the winter. PAGE 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 26, 2006 7:00 o'clock p.m. r (8. #06 -3199 MINNETONKA CENTER FOR ARTS, 2240 NORTHSHORE DRIVE, Continued) • Brokl stated the Council has until August 2" d to act on this application. Brokl noted the current application does not address a new kiln. Sansevere moved, White seconded, to table Application #06 -3199, Minnetonka Center for Arts, 2240 North Shore Drive. VOTE: Ayes 4, Nays 0. *9. #06 -3205 CONCEPT LANDSCAPING ON BEHALF OF JOANN JUNDT,1400 BRACKETTS POINT ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5483 White moved, McMillan seconded, to adopt RESOLUTION NO.5483, a Resolution granting a hardcover variance and conditional use permit for land alterations within the 0 -75' shoreland zone for the property located at 1400 Bracketts Point Road. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT White commented on how light boat traffic has been on the lake this summer and that it may be due to the rising cost of gasoline. CITY ENGINEER'S REPORT *10. FINAL PAYMENT, DICKEY LAKE DRIVE SEWER PROJECT White moved, McMillan seconded, to approve the final payment request in the amount of $356.80 • to Red Pederson Utilities, Inc. for the Dickey Lake Drive Sewer Project. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *11. HIRE POLICE OFFICER TIMOTHY SONNEK White moved, McMillan seconded, to approve the hiring Timothy Garrett Sonnek as a full-time police officer beginning July 5, 2006, at the 2005 labor agreement beginning pay rate for police officer of $19.67. VOTE: Ayes 4, Nays 0. *11A. INDUSTRIAL DISTRICT STORM WATER STUDY — RESOLUTION NO. 5484 White moved, McMillan seconded, to adopt RESOLUTION NO. 5484, a Resolution authorizing the City Engineer to complete a storm water study of the industrial district. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Brokl stated he had nothing to report. PAGE 8 of 9 • • OF THE ORONO CITY COUNCIL MEETING Monday, ,June 26, 2006 7:00 o'clock p.m. * 12. LICENSES SPECIAL EVENT 1. Applicant: Craig Hertzenberg Event: Social Party with music Location: 115 Smith Avenue Date: August 12, 2006 Time: 6:30 p.m. — 11:00 p.m.; music from 8:00 p.m. —10:30 p.m. White moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. *13. BILLS White moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. ADJOURNMEENT Peterson moved, Sansevere seconded, to adjourn the Orono City Council meeting at 8:07 p.m. VOTE: Ayes 4, NaysO. ATTEST: • f Lin a S. Vee, City Clerk • PAGE 9 of 9 A. Peterson, Mayor