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HomeMy WebLinkAbout09-11-2006 Council MinutesMINUTES !OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 • 7:00 o'cl Ick p.m. • • ROLL CALL The Council met on the above - mentioned date with the following members present: Acting Mayor Jim White, Council Members Jim Murphy, and Lili McMillan. Representing Staff were Planning Director Mike Gaffron, Planner Evelyn Turner, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Acting Mayor White called the meeting to order at 7:00 p.m. The Council observed a moment of silence in memory of 9/11, followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 6, 9, 10, 12, and 13 were added to the Consent Consent Agenda. McMillan requested the site plan be attached to Item Murphy moved, McMillan seconded, to approve i VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Murphy moved, McMillan seconded, to approve meeting as submitted. VOTE: Ayes 3, Nays 0. PARK COMMISSON COMMENTS — MIKE No Park Commission representative was present. PLANNING COMMISSION COMMENTS — Bremer stated she had nothing to report but would and Item No. 4 was removed from the Consent Agenda as amended. 28, 2006 minutes of the August 28, 2006 City Council BREMER, REPRESENTATIVE for questions. LMCD — DREW MCDERMOTT, REPRESENTATIVE McDermott reported between June 7`h and August 1 down 28 percent from prior years. Murphy inquired whether the same amount of 120 loads of milfoil were removed, which is and machinery was utilized this year. McDermott stated this year was basically the same as prior years but less milfoil was harvested. As it relates to the Milfoil Demonstration Project, a number of complaints were received from the property PAGE�I of 20 - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. • (LMCD — DREW MCDERMOTT, REPRESENTATIVE, Continued) owners regarding the number of weeds that were growing along the shoreline. McDermott indicated a final report would be ready in the spring. White stated one of the complaints from the homeowners related to the fact that they would like to have the milfoil removed closer to their docks, which was not feasible for the milfoil removal company. White stated from his observation, it appeared the majority of it consisted of weeds that are good for the lake and not milfoil McDermott reported there was a Future of the Lake Day held on August 19'h at Excelsior Park, which had a good turnout, and that there are plans to continue hosting this event on an annual basis. McDermott noted Save the Lake fundraising is underway, noting that donations are slightly down from prior years. In addition, the LMCD has been working on the Locust Hills development project in Wayzata, which consists of 70 acres, 4,700 feet of shoreline and will be developed into 44 home sites. A number of the neighbors attended the approval meeting and expressed dissatisfaction with the 44 boat slips due to environmental concerns. McDermott noted the majority of the residents were from Minnetonka, who had not been notified since the development is occurring in Wayzata. The LCMD voted to allow the 44 boat slips without canopies. McDermott noted the 44 boat slips is well below the number that would be allowed for that amount of lakeshore. McDermott reported that a resident in Orono on Lafayette Bay has requested permission to de -ice a • permanent dock. The dock was in the process of being constructed when the de -icing moratorium was put in place. The LMCD eventually decided to no longer allow de -icing on the lake. McDermott stated since the neighboring property is currently de -icing his dock and has been for the past 30 years, the LMCD will be reviewing this matter again in the future. Gaffron stated the issue with de -icing is that it is difficult to keep the de -icing action from affecting the neighboring properties. Gaffron stated when a conditional use permit is issued for a permanent dock, there generally is a condition that there will be no de- icing. Acting Mayor White thanked Mr. McDermott for his report. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT #04 -3069 G & L LAND INVESTMENTS, LLC, 2665 MAPLERIDGE LANE — VARIANCE Stephen Longman, Applicant, was present. Gaffron stated in addition to the applicant being present, the affected neighbor, Diane Carlson, is present. Gaffron stated two a -mails have been submitted to the City indicating that the issues have been resolved to the neighbor's satisfaction. • PAGE 2 of 20 MINUTES �OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 • 7:00 o'clock P.M. • L (3. #04 -3069 G & L LAND INVESTMENTS, Gaffron demonstrated the location of the proposed level and will have less of a visual impact. In addi have been incorporated into the project. Staff is recommending approval of the average Longman stated he is representing the current owners he is here to answer any questions. 2665 MAPLERIDGE LANE, Continued) . The revised plan depicts the pool at a lower a retaining wall system and extensive landscaping setback variance. the property, John and Martha Stewart, and that Carlson indicated she is fine with the resolution of this matter, noting that a retaining wall to prevent their property from washing away would be constructed by the new property owners. Murphy commented it is nice to see how quickly this issue was resolved between the neighbors. Murphy moved, McMillan seconded, Application #04 -3069, G & L Land Investment, 2665 Mapleridge Lane, reaffirming its approval of the average setback variance granted in 2004 based on the revised site plan and revised pool location, and further based on the a -mails from Diane Carlson and Steve Longman agreeing on the location of the pool, with the understanding that the wall and path will be restored at no cost to the Carlsons. VOTE: Ayes 3, Nays 0. 4. #06 -3206 KEN AND LORIJEAN VARIANCE Ken Anderson, Applicant, and Jeff Danbury, N, 4225 FOREST LAKE DRIVE — were present. White noted that Mr. Anderson was not present at the last meeting when this item was approved. Anderson stated he contacted Evelyn Turner following the last meeting indicating that he was surprised the City Council had not followed the recommendation of the Planning Commission to allow the extension of the garage and add the second story. Anderson stated he would like to clarify his variance request. At the Planning Commission on July 17`x', two plans were submitted for consideration. Anderson indicated Plan A, which is their preferred plan, includes the garage extension and the removal of the requested hardcover. Plan B is basically the same plan proposing the second story addition without the garage extension and the deck being left as is. I Anderson explained the dark line on the overhead is the property line, the portion in red is actually within the 10 -foot side yard, and the green portion consisting of 4.5 feet by 11 feet depicts the area that requires the variance. The property adjacent to this property belongs to the homeowner's association and is vacant. In consideration for the variance, Mr. Anderson indicated he would be agreeable to reducing a portion of the deck. Anderson commented he values deck and would like to retain it if at all possible. White stated at the last Council meeting the Council iwas in favor of a larger deck than had been recommended by the Planning Commission and were also in favor of the second story but were opposed to the side yard setback variance. White stated there was also a substantial amount of hardcover that was to be removed. PAGE 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. (4. #06 -3206 KEN AND L ORIJEAN ANDERSON, 4225 FOREST LAKE DRIVE, Continued) Murphy stated he understands the desire for a square garage, but that he was not aware of a hardship that existed to allow the corner of the garage to encroach into the setback. Anderson stated if the house were rotated two degrees, it would not require a variance. McMillan inquired whether that part of the residence was remodeled at one time. Anderson stated that part was constructed in the 1960's. Turner stated it is possible the house would not have fit on the lot if it had been rotated. Murphy inquired whether the second story addition could be constructed without the encroachment. Danbury indicated it could be and that the second story living space is not over the garage. Danbury indicated that section of the garage might require a flat roof if the encroachment is not allowed. McMillan inquired how deep the existing garage is. Anderson stated the garage is approximately 25 feet. • Danbury pointed out the third garage stall would only be ten feet deep. • Murphy commented the Council allowed the deck to be larger than what the Planning Commission had recommended but that he does not see a hardship for the encroachment. White inquired whether the applicant would like to proceed forward with the plan as approved by the Council. Anderson stated he is willing to remove the hardcover that was discussed earlier but that he does not want to reduce the deck if he is not allowed the garage to be squared off. Bremer stated the reason why the Planning Commission recommended approval of the side lot line setback variance and removing a section of the deck is because a portion of the deck is located within the 0 -75 foot setback zone and the adjoining lot is vacant. In addition, the applicant would be losing a substantial amount of storage under the deck and the Planning Commission felt it would be better to have the items stored inside and therefore felt the variance was justified. Bremer stated in her opinion Plan A would benefit the neighborhood. McMillan commented that typically when a second story is added, the house is not as likely to become a tear -down at some point in the future. Anderson stated the existing driveway currently covers the area where the garage extension is proposed. The driveway extends past the garage extension and that portion of the driveway would be removed if the garage is squared off. McMillan inquired what the structural coverage is at on this lot. PAGE 4 of 20 MINUTES, OF THE ORONO CITY COI, NCIL MEETING Monday, September 11, 2006 • 7:00 o'clock p.m. • • (4. #06 -3206 KEN AND LORI-JEAN AND. Turner stated the structural coverage is over the reduced if the deck were reduced. 4225 FOREST LAKE DRIVE, Continued) limit but that the footprint would actually be Gaffron stated Staff did not feel there was a hardship for the variance and that the house was originally constructed to meet the 10 -foot side yard setback. The Planning Commission felt some portion of the deck should be removed and that Staff had recommended more of the deck be removed. White commented the deck is located close to the water. Murphy inquired whether there are conditions on the, I adjoining lot precluding it from being constructed on. Gaffron stated it is unlikely that lot would be built on since all 16 or 17 homeowners would need to agree to the project. White noted that lot also serves as access to the lake for the neighborhood. Murphy suggested exploring the possibility that the lit line be reconfigured somehow to create a better setback situation for the Andersons. I Brokl stated one of the options that could be conside ied is if the Council found that the trade of the variance for the side yard setback is valuable enough to reduce the hardcover in the 0 -75 foot setback, that would justify the approval of the variance and would 'I�constitute a hardship. Brokl stated case law has redefined how a hardship is determined and that the Council needs to make a policy decision on whether the request of the applicant is reasonable or unreasonable. White stated in his opinion that is a valid point and t � at he would be willing to entertain a hardship on that basis. McMillan inquired what size the deck would be reduced to. Gaffron stated if the squared off garage were deck. Anderson stated that is also his understanding and much. McMillan inquired whether the deck at 15 feet woul Anderson stated to his understanding it was at 18 fe Turner stated it was her understanding that at 15 fee required. Anderson stated currently his deck is 33 feet long, f 24 feet, and the next beam would be at 18 feet from the Planning Commission reconunended a 15 -foot they would be opposed to reducing the deck that require additional support beams. it appeared there would not be another beam line where he is proposing to reduce his deck is at e house. PAGE 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. (4. #06 -3206 KENAND LORIJEANANDERSON, 4225 FOREST LAKE DRIVE, Continued) Brokl stated there are three things being sought by the applicant: One, the addition of a second story within 75 feet provided there are some offsets in the hardcover within that setback zone; two, reduction in the size of the deck; and three, the size of the garage that is being proposed. Brokl stated the Council could direct the applicant to reduce the deck. McMillan stated she is inclined to support what the Planning Commission recommended, which was a squaring off of the garage with a substantial reduction in the size of the deck. McMillan stated if the applicant elects not to square off the garage, she would like to see a small reduction in the size of the deck. Danbury stated the second story does not increase the structural hardcover and that the applicant does not understand why he would need to remove a portion of his deck. Gaffron stated the opportunity to provide screening of the second story is decreased with the deck being as expansive as it is. Danbury pointed out there would only be a corner of the deck where some screening could be provided and that the view from the lake of the deck would be the same regardless of how far the deck protrudes out. Murphy inquired if only a second floor were being requested, whether that would require a variance. • Gaffron stated any additional structure in the 0 -75 foot setback would require a variance. Bremer indicated in the past the Planning Commission typically denied second story additions in the 0 -75 foot setback because it increased the nonconformity. Brokl stated a variance could be approved allowing construction within the 0 -75 foot zone with no change to the deck or the garage. Anderson stated that would be Plan B, which does include some removal of hardcover. Murphy stated he would be in favor of construction of the second story, along with the hardcover reductions being proposed by the applicant, but that if the applicant would like to square off the garage, he would go with the recommendation of the Planning Commission. White stated the cut -off for the deck would be 12, 18 or 24 feet. Turner indicated the building official thought it was 15 feet White requested the applicant tell the Council which plan he would like the Council to act upon. Anderson stated he would prefer Plan A. White stated the amount of deck proposed by the applicant to be removed is not sufficient in his opinion. • Murphy stated he would be willing to allow the deck to extend out to 18 feet. PAGE 6 of 20 • • MINUTES (OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. (4. #06 -3206 KEN ANDLORIJEAN McMillan inquired whether the building inspector Bremer commented the 15 feet was merely the rec had not verified the need for an additional support White moved, Murphy seconded, Application 30 Lake Drive, to direct Staff to draft a resolution a of the garage and granting of a side lot line setba hardcover as proposed by the applicant, and req inner part of the house. VOTE: Ayes 3, Nays 0. 5. #06 -3208 RYAN COMPANIES US, INC., PRELL IINARY SUBDIVISION AND COMME RESOLUTIONS NO. 5504 and 5505 Genieve McJilton, Ryan Companies, was present. 4225 FOREST LAKE DRIVE, Continued) d verify the cutoff for the deck. ndation of the Planning Commission and they at that location 206, Ken and LoriJean Anderson, 4224 Forest roving the addition of a second story, expansion variance, requiring a reduction in the ing the deck being reduced to 18 feet from the WAYZATA BOULEVARD WEST — L SITE PLAN APPROVAL — Turner stated this application was before the Council !on August 140', with the issue of drainage remaining unresolved at that time. The applicant now understands that the drainage problem is runoff that flows from the existing parking lot onto Morrie's Automotive property and that what the City is looking for is a temporary diversion of the water to a spot on the applicant's property. Murphy inquired whether devegetation of the existing swale would be sufficient. Kellogg stated it was his understanding that Ryan w Iuld be submitting a plan and that he has not seen a plan yet. . McJilton stated it was their understanding the City Engineer was going to review the site and provide his feedback. McJilton noted their engineer has reviewe� the situation and they feel there is a workable solution. Kellogg stated he did not realize the applicant that it was his understanding he would be corn . that his office would be designing a solution and on the plan once one is submitted. McJilton stated they are willing to work with the City on this issue but that she had the understanding the City Engineer was reviewing the drainage on this site and the area in general. Murphy stated a meeting is scheduled for Thursday Engineer feels something needs to be done in that a Mchlton stated they are in agreement with making s that they are to submit a plan for review by the City discuss the drainage in this area and that the City to move the water. temporary changes and that she understands now Turner stated the striping plan has been revised and 'approved by Bonestroo and would include the • addition of a four -foot bituminous shoulder on the west side of Old Crystal Bay Road and the striping of a center turn lane. Staff would like it understood that the Ryan development access points determine the access points for the west side of the road, and that if there is an access into the development that is P 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. • (5. #06 -3208 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST, Continued) opposite the new public street, it would be restricted to right - in/right -out only because of the width of the bridge. Turner indicated the remaining issue is the sidewalk/trail issue and the timing of construction. The applicant is in agreement a trail should be constructed but that there is a question over the location of it and when it should be constructed. Turner indicated that Mn/DOT normally does not allow trails within its right -of -way and that it might be best to wait until the right -of -way has been turned back to the county Turner stated the City would need to review the exact location of the trail. McJilton stated because the property line jogs in, the issue would be that there is 40 feet in one section but that it drops down to 20 feet and would encroach upon the landscaping. McJilton stated if the trail were constructed on the west side of the site, a number of trees would need to be removed and would dead -end. McJilton indicated they would like to work with Staff on the timing of construction for the trail and the location of the trail. McMillan commented it is also important to retain the ditch in this area as well as the trees. Murphy stated the City would like to keep the area as rural looking as possible and that he would not like to see the trees removed. Murphy commented he prefers a trail rather a sidewalk. McMillan stated she would like to see the trail finished rather than have it dead -end for a number of years. • McJilton suggested that issue be covered in the development agreement. McJilton noted the swale runs along the property line. Brokl inquired which building would be constructed first. McJilton stated that has not been determined at this point and it would depend on market demand. Brokl stated the two options would be to tie the trail to the construction of Building B or to not allow any occupancy or building permit for Building 2 or 3 until the trail is completed. McMillan stated it would be beneficial to know the location of the trail prior to the landscaping being completed. McJilton indicated they are willing to work with the City on the trail but that they would like a credit to the park dedication fee if the trail is required to be bituminous. Murphy suggested the trail issue be discussed with the turn -back committee. White stated the next item for discussion is the length of approvals. Turner stated preliminary plat approval is valid for one year and approval of the conditional use permit and site plan are valid as long as construction of the buildings are commenced within one year. Turner stated there are pros and cons with it being one versus three years and that it is Staff's recommendation the resolution state that the site plan and conditional use permit will expire one year after filing of the plat • unless a building permit is issued for one of the buildings, and if that should occur, the site plan would be valid for five years. The applicant is in agreement with this language. PAGE 8 of 20 ORONO CITY C Monday, Ser • 7:00 0' THE �IL MEETING w 11, 2006 p.m. (5. #06 -3208 RYAN COMPANIES US, INC., 2'65 WAYZATA BOULEVARD WEST, Continued) Brokl stated that is standard language that has been used for phased projects. Turner stated the other issues are the credit for the pa I ing of the trail toward the park dedication fee and a reduction in the letter of credit that is required to be on file. Turner stated the City typically requires 150 percent of the estimated cost of improvements and the applicant is requesting it be reduced to 125 percent. White inquired whether the code would need to be chI nged if the amount is reduced. Gaffron stated the subdivision code would need to be (changed and a public hearing would be required. Brokl stated 125 percent is standard in the industry White stated in his experience with other de, percent and that he would not be opposed to Gaffron inquired whether the City has the option of subdivision code. s in other cities he has not seen it higher than 125 the 125. it at 125 percent without changing the Brokl stated the Council could accept the 125 percent and direct Staff to look at the subdivision code to see whether that section of the code should be amended. •Murphy moved, McMillan seconded, Application #06 -3208, Ryan Companies US, Inc., 2765 Wayzata Boulevard West, to adopt RESOLUTION NO. 5504, a resolution granting preliminary approval of a Class III subdivision, with the understanding the language would be amended to require a letter of credit for 125 percent of the estimated cost of improvements rather than 150 percent, and to reflect that the cost of constructing the trail along Wayzata Boulevard be credited toward the park dedication fees. McMillan requested clarification of Item No. 8. Turner stated this reflects conversations with the Ci applicant to provide an access to the 2687 Wayzata City cannot compel the applicant to provide that ac Turner stated the language allows the two property access. McMillan inquired whether there is any language Attorney regarding the issue of requiring the )ulevard property, the Western Steel property. The ,s even if compensation is granted to the applicant. to be able to negotiate agreement on the to full turning access being provided. Turner indicated there is not. Turner stated the access is not a joinfaccess and that the driveway will eventually move to the eastern end of the property. Turner stated it may be a shared driveway if an agreement is reached. 1 McJilton stated their understanding is it allows • required to come to an agreement. VOTE: Ayes 3, Nays 0. to negotiate with Western Steel but that they are not PAGE 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. • (5. #06 -3208 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST, Continued) McMillan moved, Murphy seconded, Application 306 -06 -3208, Ryan Companies US, Inc., 2765 Wayzata Boulevard West, to adopt RESOLUTION NO. 5505, a Resolution Granting Commercial Site Plan Approval and a Conditional Use Permit and Approving the Issuances of Building Permits, with the resolution being amended to reflect the requirement of a letter of credit in the amount of 125 percent of the estimated cost of improvements and the credit toward the park dedication fee of the cost of constructing the trail along Wayzata Boulevard. VOTE: Ayes 3, Nays 0. *6. #06 -3215 TODD MARTIN SCHAIBLE,1450 CHERRY PLACE — VARIANCE — RESOLUTION NO. 5506 Murphy moved, McMillan seconded, Application #06 -3215, Todd Martin Schaible, 1450 Cherry Place, to adopt RESOLUTION NO. 5506, a resolution granting hardcover, lakeshore setback, and average lakeshore setback variances. VOTE: Ayes 3, Nays 0. *7. #06 -3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD — VARIANCE — RESOLUTION NO. 5507 Murphy moved, McMillan seconded, Application #06 -3220, Jule and Elizabeth Hannaford, to adopt RESOLUTION NO. 5507, a resolution granting lake setback and hardcover variances in order to construct a new lakeside deck. VOTE: Ayes 3, Nays 0. 8. #06 -3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF • WILLOW DRIVE NORTH AND HIGHWAY 12) — COMMERCIAL SITE PLAN — ARCHITECTURAL STYLE DEPICTIONS FOR DISCUSSION Jeff Wrede with Tushie - Montgomery Architects and Sara Malin with Hempel Properties were present. Gaffron stated the applicants have submitted a couple of drawings and are looking for some direction on whether the Council will accept the mixed uses. A work session on this site was held, with the nature of the retail, the types of uses, and the architectural style of the buildings being discussed. The applicants are looking for some additional direction on this project. Brokl stated the applicants are requesting a comprehensive plan amendment and that there are not enough Council members present tonight to take formal action on this application. Wrede distributed color depictions of their latest proposal, noting that the building is considerably smaller than the building that is located across the street on the south side of Highway 12. An elevation view is also included in the packet. Wrede indicated the style is based on the historical development that is present around the lake. Wrede stated they would like to get some input from the council on the direction they would like to see for architectural style. Murphy stated the focus of the conversation tonight should be a continuation of the discussion that was held at the work session and that it should be focused on the uses rather than the design of the project. Murphy stated the Council accepted the medical building and the uses associated with it but they have • struggled with the retail component. Murphy indicated the City's original comprehensive plan basically PAGE 10 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 • 7:00 o'clock c p.m. (8. #06 -3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTHAND HIGHWAY 12), Continued) , stated that retail area would be east of Willow Street, which essentially puts the majority of the retail in Long Lake and that the Comprehensive Plan was subs) equently amended to allow some retail on this site. Gaffron stated one or two words changed within that Section under 313, urban commercial land use. In the third paragraph, rather than saying Orono will coordinate its commercial development planning related to Highway 12 with the City of Long Lake, it now says,-it will seek to coordinate its planning with the City of Long Lake to ensure the Long Lake downtown area remains vital and viable, to focus retail development in a compact downtown retail area, and to limit the extension retail development west of Willow Drive. Gaffron stated in addition the' comprei ensive plan amendment established parameters on how it would allow retail in that area. Murphy stated he is not able to visualize how this area needs another strip mall without significant differentiation from what is currently being constructed down the street. Murphy stated it comes down to uses for this site and that he does not see the rationale for putting basically the same type of establishment in this area as what already currently exists. Murphy stated he would like to see both buildings be medical. McMillan stated what troubles her the most is the potential for eight different shops in that small area and the likelihood of high turnover and limited market. • Malin stated they are attempting to get some direction from the Council on what they would like to see on the site and that it is too early in the process to be committing to the tenants that would occupy the space. Malin stated they are looking for direction on whether they would be allowed retail on this site and that the eight bays being proposed is standard for a development of this type. McMillan stated visually there is an advantage to having a one -story building next to the pond and the other building being located a little further away from the building. Malin expressed doubts that a 35,000 square foot medical building would be feasible for this site without a retail component. Malin stated they would like to create something unique and different from your typical strip mall. I McMillan commented the applicants have made a White expressed concerns that this will become attempt at designing an attractive building. strip mall along the highway. Malin pointed out there is only 10,000 square feet of retail being proposed. White stated the idea of creating the lake is still a gc applicant has done, but that he has a concern this wi in Long Lake. Wrede stated one of the things he would like to disci is development. Wrede stated retail would allow those shopping or go out to eat and that two office buildin, d idea and should be taken advantage of, which the become another strip mall similar to what is already is the ability to walk to this site from the Stonebay sidents the ability to walk to this site and do some would not allow that. PAGE; 11 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. • (8. #06 -3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTHAND HIGHWAY 12), Continued) Gaffron stated at the Planning commission meeting a number of residents of Stonebay expressed concerns that this is becoming exclusively an office site and that they would prefer some retail. Bremer stated the residents were very supportive at the Planning Commission meeting for retail at this site. Bremer noted the medical building at the corner is not fully leased out. Gaffron stated the residents had concerns that the office building would not be able to make a go of it. Bremer stated there are a number of empty- nesters in that area as well as families with small children and the majority of the residents stated they were expecting some type of retail on this site. Brokl stated one of the issues for consideration tonight is the fact that there is a conflict between'the current Comprehensive Plan and what is zoned for this property, with the Comprehensive Plan taking precedent. This site is currently guided for professional office as well as limited service uses and retail uses accessory to the office use. The site is zoned RR -1B rural residential. Brokl indicated the Comprehensive Plan either needs to be changed or the zoning needs to be changed. Brokl stated the applicant meets the requirements of the current Comprehensive Plan, noting that one building must be a pharmacy /convenience store as guided. The challenge for the City is to maintain its legal ability to limit a guide down to one building being medical/convenient store. Brokl indicated he is • not aware of a prior case that has said a city can be that specific for a site in their comprehensive plan. Brokl stated currently the guide says limited retail uses accessory to the office uses and that in his opinion the applicants have approval for some type of limited retail. Murphy stated the whole idea behind that language was to arrive at language that would allow retail that supports the office complex and that a Subway or a Caribou or a drive -in cleaners does not meet the letter of what the City was attempting to accomplish with that language. White stated a development should be self - sufficient and that the concerns raised by the citizens were not present at the time this process was started. Murphy commented he would be okay with a dry- cleaners without a drive -up. McMillan stated the point is what is limited retail and how that can be written into the Comprehensive Plan. Gaffron stated a portion of the documentation for the Ryan development was a rezoning that allowed for some limited retail. Gaffron stated that document listed the types of development that would and would not be allowed. Brokl stated the list that was created for the Ryan Development did specify what types of retail would be appropriate. Brokl recommended that the Council not limit the type of retail in the Comprehensive Plan but to limit it in the rezoning documents. Brokl stated since this is a Planned Unit Development, the PAGE 12 of 20 MINUT: ORONO CITY C Monday, Sel • 7:00 0' • C OF THE rNCIL MEETING aber 11, 2006 ck p.m. (8. #06 -3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTHAND HIGHWAY 12), Continued) Council could hold off on the Comprehensive Plan Amendment until the PUD is approved. Brokl suggested the Council discuss the limited type of retail that would go along with the office component. McMillan inquired how the Council feels about the si Murphy and White indicated they do not feel it is a A representative from MSP Commercial stated ty construct a hip roof on the building. The actual s, approximately four to five feet tall with a parapet the roof design and the architectural style of the b Murphy inquired whether the coloring of the The MSP representative indicated they would be McMillan stated they would like to see a softer, industrial. White suggested the applicants re- appear before the present. story on the main office building. when abutting residential neighborhoods, they of the wall facing the residential area would be MSP requested some input from the Council on would be complementary to the neighborhood. to make the buildings complementary. residential look to the buildings rather than in two weeks when there is a full Council Murphy commented he has not been convinced that this area needs more retail. Murphy noted there has been some talk about another retail development in Long Lake and that the current retail spaces in this area are not totally occupied at the present time. Murphy stated he would like to see some type of service- oriented support for that particular office building. Malin stated she is unable to tell the Council exactlywhat tenants would be occupying either building. McMillan inquired whether the two buildings wouldbe tied together architecturally. Malin stated that was their intent. White stated he would need to reconsider the retail the Stonebay residents. Brokl stated the Council could approve at their next upon approval of the PUD. Wrede pointed out that this would not be a strip Long Lake area since it would have a Class A n type of clientele to the site. The City Council took no formal action on this i of this project in light of the comments by a comprehensive plan amendment contingent similar to what has already been constructed in the tl /office building, which tends to attract a different PAGE 43 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. • MAYOR/COUNCIL REPORT White stated he received a complaint about a house on Forest Lake that constructed a two -story pole barn and the visual impact it has had on the adjoining property. White stated he did not understand the height of the building at the time it was before the Council. Gaffron stated the Code does not prohibit that. White stated the structure has the appearance of a commercial building and that the City's Code should be reviewed. Brokl stated at the work session on September 26 "', they would be addressing variances and specific code provisions addressing massing. Murphy indicated he attended a meeting at Hill School today with the City Engineer and building inspectors and to his understanding the issues have been resolved. McMillan indicated she has received some phone calls regarding solicitors and inquired whether the Council should discuss that in a work session. Brokl stated the issue is not with the City's code but rather with enforcement. McMillan indicated she has had three people from one particular organization knock on her door within a • week. Brokl stated the City could send a letter asking that company to leave the area. Brokl stated he would not recommend changing the City's Code. White noted there is a Crime Prevention Coalition waffle breakfast at the Presbyterian House scheduled for September 24h. CITY ENGINEER'S REPORT *9. REQUEST FOR PAYMENT NO. 1— JAMESTOWN ROAD SEWER PROJECT Murphy moved, McMillan seconded, to approve Request for Payment No. I for the Jamestown Road Sewer Project in the amount of $25,587.06. VOTE: Ayes 3, Nays 0. *10. MCES I/I SURCHARGE PROGRAM — RESOLUTION NO. 5508 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5508, a Resolution Regarding the Metropolitan Council Environmental Services (MCES) I/I Surcharge Program. VOTE: Ayes 3, Nays 0. 0 PAGE 14 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 • 7:00 o'cl Ick p.m. CITY ADMINISTRATOR'S REPORT 11. ADOPT PRELIMINARY 2007 TAX and 5510 Murphy moved, McMillan seconded, to adopt preliminary tax levy to fund the 2007 budget. Murphy moved, McMillan seconded, to adopt RE; preliminary 2007 budget. VOTE: Ayes 3, Nays 0. AND BUDGET — RESOLUTIONS NO. 5509 LUTION NO. 5509, a resolution approving the : Ayes 3, Nays 0. UTION NO. 5510, a resolution approving the *12. SELECTION OF DATES FOR TRUTH IN TAXATION HEARINGS Murphy moved, McMillan seconded to schedule the initial Truth -in- Taxation hearing for 6:00 p.m. on Monday, December 4, and to schedule the subsequent or levy adoption hearing for 7:00 p.m. on Monday, December 11. VOTE: Ayes 3, Nays 0. f CITY ATTORNEY'S REPORT Gaffron stated to -date three people have signed up being the deadline. • Brokl reported he has been asked to attend the work contract. *13. LICENSES There were no licenses. *14. BILLS Murphy moved, McMillan seconded, to approve VOTE: Ayes 3, Nays 0. ADJOURNMENT Murphy moved, McMillan seconded, to adjourn VOTE: Ayes 3, Nays 0. S. Vee, City Clerk • office, with 5 :00 p.m. on Tuesday, September 12, on September 14 dealing with the police of the All Funds Account. Orono City Council meeting at 9:42 p.m. rAUEL 15 oI lU W Vim"" White, Acting Mayor