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HomeMy WebLinkAbout07-24-2006 Council Minutes' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 24, 2006 7:00 o'Iclock p.m. ROLL The Council met on the above - mentioned date w Peterson; Council Members Bob Sansevere, Jim Staff were City Administrator Ron Moorse, Plan and Recorder Jackie Young. Mayor Barbara Peterson called the meeting to or CONSENT AGENDA 1. ' APPROVE /AMEND Items 3, 8, 9, 10, 11, 12, and 13 were added to the Consent Agenda. Murphy moved, McMillan seconded, to VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES the following members present: Mayor Barbara nphy, Jim White, and Lili McMillan. Representing g Director Mike Gaffron, City Attorney Matt Brokl, at 7:00 p.m., followed by the Pledge of Allegiance. Agenda and Item No. 4 was removed from the the Consent Agenda as amended. *2. REGULAR COUNCIL MEETING OF JULY 10, 2006 Murphy moved, McMillan seconded, to approve the minutes of the July 10, 2006 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS None. PLANNING COMMISSION COMMENTS — Kempf stated he had nothing to report but would PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *3. #05 -3102 STONEWOOD DESIGN REVIEW REVISED PLAN Murphy moved, McMillan seconded, Applb property located at 920 Brown Road South. • KEMPF, REPRESENTATIVE in for questions. 920 BROWN ROAD SOUTH — VARIANCE — #05 -3102, to approve the alternate plan for the E: Ayes 5, Nays 0. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 24, 2006 7:00 o'clock p.m. 4. #06 -3184 PAUL THOMAS HOMES, 2695 CASCO POINT ROAD — VARIANCE — RESOLUTION NO. 5488 Paul Vogstrom, Paul Thomas Homes, was present. White noted the hardcover number in the resolution is different than what was contained in Staff's report. Gaffron stated the applicant has requested 3,830 square feet but the Council approved 30.6 percent, which is 3,240 square feet. Gaffron stated a letter was received from William Miller, 2691 Casco Point Road, suggesting that due to the narrowness of the proposed driveway, the applicant should be allowed additional hardcover for the driveway width due to safety concerns. Miller has also suggested that the city's vacant lot located across the street be utilized for construction parking. Staff does not have a problem granting the additional hardcover solely for the purpose of expanding the width of the driveway but has an issue regarding the use of the city lot for parking due to concerns that following the construction of the residence the lot would likely be used for parking by other residents and visitors to the neighborhood. McMillan inquired whether some temporary signs could be erected designating parking. Gaffron stated he would like the input of the police department on that issue. t � 1 0 Vogstrom stated they could grade an area to provide some parking halfway down the driveway and erect signs on one side of the street. Vogstrom suggested parking on one side of the road be allowed. McMillan recommended the police department be notified of the parking situation. McMillan inquired • whether this would be a blind driveway following construction. Gaffron stated it would not be a blind driveway. Vogstrom stated they could try to widen the north side of the driveway near the road for better visibility and also lessen the slope of the driveway. White noted the speed limit in that area is posted at 25 miles per hour and most people in the neighborhood are aware of the driveway. Sansevere inquired whether the current proposed driveway would put the public at risk of injury or death if the additional hardcover is not allowed. Gaffron stated in his opinion the public is not at risk but that the property owner could perhaps experience difficulty maneuvering up the driveway at certain times'of the year. Gaffron stated the extra width on the driveway would make it safer for the people using the driveway and that a 10 -foot driveway versus an 8- foot driveway would add approximately three percent additional hardcover. Peterson commented the width of the driveway has been at eight feet for a number of years. Murphy inquired whether the City Engineer should review this. U PAGE 2 • • • ORONO CITY C Monday, 7:00 o OF THE rNCIL MEETING y 24, 2006 ek p.m. 4. #06 -3184 PA UL THOMAS HOMES, 2693 CASCO POINT ROAD, Continued Vogstrom stated they have discussed this issue with the City Engineer and that his concerns dealt more with the grading of the site. Vogstrom indicated a concern about a delay in getting a timely response from the City Engineer. Vogstrom stated he turned in his information to the City Engineer the day after the last hearing and did not receive the City Engineer's response until three weeks later, which gave him a very limited time to respond to the issues raised byfthe City Engineer. Vogstrom commented the width of the driveway and the safety concerns have been discussed at each meeting previously and that the neighbor who wrote the letter has appeared at those meetings personally. Murphy inquired whether the applicant has concerns regarding the driveway. Vogstrom stated he does have some concerns with the driveway but is conscious of the City's limits on hardcover. Vogstrom indicated he is willing to flatten the driveway along the sides of it. Murphy stated based on the comments by the developer, he does not feel that the added hardcover is necessary at this time. I McMillan inquired whether the size of the proposed house is approximately the same as the old residence. Vogstrom stated the new house is slightly smaller. j Vogstrom suggested widening the driveway at the street to help lessen the slope. White concurred that the entrance to the driveway on the driveway be considered. Murphy inquired whether a stipulation could be in( review the revised plan on the driveway entrance. It was the consensus of the City Council that the C: Vogstrom stated he would like to move forward wi be widened and that perhaps a different texture into the resolution that the City Engineer Engineer review the revisions to the driveway. the plans and obtain a building permit. Gaffron stated the narrowest part of the driveway is approximately 15 feet in width and widens to 21 or 22 feet at the right -of -way line. Gaffron suggested!five feet be added to the north side 20 feet back, which would add approximately 120 square feet of hardcover. Gaffron stated the resolution could be amended to allow for the additional width at the driveway entrance. McMillan moved, Peterson seconded, to adopt RESOLUTION NO. 5488, a Resolution granting variances for the property located at 2695 Casco Point Road, subject to the resolution being amended to allow for no more than 100 square feet of additional hardcover for the driveway, and further subject to the revisions to the driveway being reviewed and approved by City Engineer and Staff. VOTE: Ayes 5, Nays 0. 5. #06 -3196 PAT McNAUGHTON/EDWARD HAMM, 1391 FOX STREET /1401 SHORELINE DRIVE — PRELIMINARY PLAT — RESOLUTION NO. 5489 Pat McNaughton, Applicant, was present. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 24, 2006 7:00 o'clock p.m. 5. #06 -3196 PAT McNA UGHTOXIED WARD HAMM,1391 FOX STREET11401 SHORELINE DRIVE, Continued Gaffron stated this application was discussed at the last Council meeting, with the Council voting 3 -2 to approve the proposed separation of Outlot A from Lot 1, which is located on the north side of County Road 15, and to deny the lot area variance with the direction that the applicant withdraw that variance request and apply for a variance at a later date once specific plans for those lots are created. • Gaffron stated the preliminary plat before the Council tonight combines the two lots, with the lot off of Fox Street not technically part of that plat. The resolution before the Council tonight specifically states on page six, Item No. 1, the following: 1. The above variance denials will become invalid if the Developers and Seller formally withdraw the lot area variance requests prior to September 4, 2006, which is the 120 day deadline subdivision process. ` 2. No building permits will be allowed for either of the two new lots resulting from the subdivision until such time that lot area variances are granted for each of the said lots. 3. Access to the new lot at 1401 Shoreline Drive shall be from Orono Lane as depicted on the preliminary plat, and said lot shall be assigned an Orono Lane address upon completion of the platting process. 4. The two resulting lots shall not be subject to park dedication requirements or to stormwater and drainage trunk fees. 5. Upon completion of the platting requirements, the Developers and the City shall take the necessary steps to extinguish the Special Lot Combination between Lot 1, Block 1, Blue Hill and Outlot A, Blue Hill. Staff recommends adoption of the resolution. • McNaughton indicated he has attempted to work hard with the neighbors to resolve their concerns. McNaughton stated the 1.8 acres located across the street is totally separate, is a large lot, has city sewer, and does meet the setback and hardcover requirements. McNaughton stated this lot has not changed and that the lot across the street did not really contribute to this lot. McNaughton requested Council reconsider granting the lot area variance. McNaughton stated his*goal is to make the lakeshore lot a bigger and better buildable lot with safe access and that there is no buffer situation or neighbor issues to deal with. McNaughton pointed out the lot meets all the requirements of the two -acre minimum except for lot area and that he would continue to work with Staff on developing this lot. Sansevere inquired historically how often the City has denied a lot area variance. Gaffron stated with a 1.8 acre lot that meets all the other standards, he is not aware of a situation where it has been denied. Sansevere stated the variance does not affect the marketability of the lot and that it was made clear at the last meeting why the Council choose to do it this way. White commented a number of lots in the City are under the two -acre minimum and that there does not appear to be a problem marketing those properties that he is aware of. PAGE 4 ,t U C • ORONO CITY 4 Monday 7:00 ( S. #06 -3196 PAT McNA UGHTOXIED W, DRIVE, Continued City Attorney Brokl stated the 1.8 acre lot is a Murphy stated he appreciates the work the applica but that the issue he has regarding this application these lots. Murphy inquired whether the upper lot ES OF THE OUNCIL MEETING July 24, 2006 clock p.m. HAMM, 1391 FOX STREET /1401 SHORELINE lot. has done to alleviate the concerns of the neighbors the process that should be followed in developing ould be put on the market. McNaughton stated Mr. Hamm might purchase that lot if it is a buildable lot. Murphy stated that lot is a buildable lot and that they are talking about a preliminary plat for the lower lot. :1 Murphy stated he would like the Council to retain the ability to review the variance for the upper lot at the time the property owner wishes to construct a residence on that site. McNaughton stated he is comfortable with that assurance and that he just wanted it on public record that the lot is a buildable lot. McNaughton noted he has a substantial financial investment in the two lots that he would lose if the lots are not considered buildable. Brokl stated depending on what is proposed for that lot, the variance could be granted administratively and the applicant would not have to appear before the Planning Commission or City Council. McMillan stated the language in the resolution is opinion is a separate issue from the preliminary F area variance without seeing any house plans for McNaughton stated he respects the thinking and public record that it is a buildable lot. Peterson noted the denial of the lot area variance Murphy moved, Sansevere seconded, to adopt the preliminary plat and denying lot area vari: 1401 Shoreline Drive. VOTE: Ayes 5, Nays 0. Brokl pointed out the resolution does contain lanl applicant has the ability to withdraw the applicati withdrawal is not provided in writing to the City, wait six months before applying again for those v withdraw the two variance requests and then reap 11 written and that the variance application in her McMillan stated she is uncomfortable granting a lot site. of the Council but that he just wanted it on discussed at length at the last hearing. )LUTION NO. 5489, a Resolution approving for property located at 1391 Fox Street and ;e denying the lot area variances but that the for those two variances. Brokl stated if that unencing September 4b, the applicant would have to nces. Brokl suggested the applicant formally for the variances. Gaffron stated the applicant has until September 3' to withdraw the variance requests. McMillan inquired whether there would be a fee associated with that. Gaffron stated he would need to see how much Staff has incurred to date in costs. Brokl stated the withdrawal has to be in writing. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 24, 2006 7:00 o'clock p.m. *6. #06 -3209 LANDSCAPING PLUS ON BEHALF OF WENDY McLAUGHLIN,1180 • PHILLIPS DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5490 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5490, a Resolution granting a conditional use permit for the property located at 1180 Phillips Drive. VOTE: Ayes 5, Nays 0. *7. #06 -3213 STEVE SAPLETAL, 2575 THOROUGHBRED LANE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5491 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5491, a Resolution granting a conditional use permit for plumbing in an accessory structure for the property located at 2575 Thoroughbred Lane. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT White clarified a statement he made at the last Council meeting regarding burying of the power lines along Casco Point Road. White indicated the neighbors are agreeable to paying for the burial of the wires privately and not at the expense of the City. White inquired whether any articles would be appearing in the local newspapers regarding the visit by Governor Pawlenty. Murphy noted the City did have its own photographer and that Christine Soderbeer from the Governor's Office would like to obtain copies of all the pictures that were taken of the event on Big Island with Governor Pawlenty. Murphy commented Council Member White did a great job filling in for the Mayor. Sansevere inquired whether anything has been done about publicizing that the City will prosecute criminals to the full extent of the law. Sansevere inquired whether there have been any additional arrests. Moorse stated he is unsure what arrests have been made but that the Police Department has been getting the word out to people about not leaving things out in plain view and to lock their vehicles when they are not occupied. McMillan noted National Night Out is scheduled in the near future. Sansevere suggested the police chief and local newspapers be contacted about including some articles on the arrests and how criminal activity within the City will be prosecuted to the full extent of the law. Moorse noted there is a work session scheduled for Tuesday, July 25, at 6:00 p.m. Murphy requested the letter regarding Stonebay be included in the workshop packet. McMillan inquired whether the City wants to formally take a position on the Rails to Trails project at its next meeting. Moorse stated the Rails to Trails project is on the workshop agenda. Murphy reported on the progress being made on the new Highway 12 corridor. U PAGE 6 Is • MINUTES OF THE ORONO CITY 60UNCIL MEETING Monday, July 24, 2006 7:00 o',clock p.m. CITY ENGINEER'S REPORT *8. AWARD STREET SEALCOAT BID Murphy moved, McMillan seconded, to award with Alternate No. 1— Granite Chips, and Alte up the excess granite chips, for a total cost of $ reflect the expenditure. VOTE: Ayes 5, Nays street sealcoat bid to Pearson Brothers, Inc., e No., 3, a $7,500 deduct for the City sweeping 950; and to amend the PIR Fund budget to *9. PAY REQUEST NO. 1— McCULLEY ROAD REHABILITATION PROJECT Murphy moved, McMillan seconded, to approve Payment Request No. 1 from Buffalo Bituminous for the McCulley Road Reconstruction Project, in the amount of $154,645.67, and to authorize payment from the MSA Fund. VOTE: Ayes 5, Nays 0. CITY ADMINSITRATOR'S REPORT *10. AMEND 2006 FEE SCHEDULE — FEDERALLY MANDATED SAFE DRINKING WATER TESTING PROGRAM — RESOLUTION NO. 5492 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5492, a Resolution amending the 2006 Fee Schedule to increase the Federally Mandated Safe Drinking Water Testing Program Fee from $5.21 to $6.36, effective July 1, 2006. *11. BIG ISLAND PARK BUILDING SECURITY IMPROVEMENTS Murphy moved, McMillan seconded, to approve the expenditure of up to $10,000 for building security improvements on Big Island Park. VOTE:, Ayes 5, Nays 0. *12. APPOINTMENT OF FINANCE DIRECTOR — RON OLSON Murphy moved, McMillan seconded, to appoint!Ron Olson as finance director- treasurer effective July 24, 2006, with a salary at Step l of the finance director salary range, and that he be eligible to move to Step 2 of the salary range effective January 1, 2007, subject to performance meeting expectations. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Brokl stated he will miss the next Council meeting but someone from his office will be here. Brokl indicated he has asked Staff to set up a regarding variances. Brokl noted Staff did hear back from Mr. Brooks this alternate access. with the Council and/or the Planning Commission that he called to thank Staff for helping to create PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 24, 2006 7:00 o'clock p.m. *13. LICENSES 'SPECIAL EVENT 1. Applicant: Lia Boon Event: Wedding Reception with music (DJ) Location: 4045 Bayside Road Date: Saturday, August 12, 2006 Time: 4:00 p.m. —12:00 p.m. . 2. Applicant: Mimi Ryerse, Long Lake Area Chamber of Commerce Event: 2006 Corn Days Parade Location: Parking for Parade Units in Hackberry Park Area Date: Sunday, August 13, 2006 Time: 11:00 a.m. —1:00 p.m. *14. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Sansevere moved, Peterson seconded, to adjourn the Orono City Council meeting at 7:55 p.m. • VOTE: Ayes 5, Nays 0. AT T: . . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor PAGE 8