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HomeMy WebLinkAbout11-13-2006 Council Minutes1 LJ • ,bml MINUTES OF THE ORONO CITI COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. ROLL CALL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, JimI Muiphy, Jim White and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Evelyn Turner and Melanie Curtis, City Attorney Matt Brokl, City engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 10, 10A, 11 and 13 were added to the Cor Agenda. White moved, McMillan seconded, to ap Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING Agenda. Item No. 5 was removed from the Consent the Consent Agenda as amended. VOTE: Ayes 5, OCTOBER 23, 2006 White moved, McMillan seconded, to approve the minutes of the October 23, 2006 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. *3. SPECIAL COUNCIL MEETING OF THE CANVASSING BOARD OF NOVEMBER 9, 2006 1 White moved, McMillan seconded, to approve the minutes of the November 9, 2006 Special Council Meeting of the Canvassing Board. VOTE: Ayes 5, Nays 0. PRESENTATION 4. SALLY KOENECKE, LAKE Sally Koenecke and Bob Albertson with the present. Koenecke stated she is available to answer any Minnetonka Communications Commission. ' COMMUNICATIONS COMMISSION Minnetonka Communications Con-nnission were the council may have regarding the Lake Bob Albertson, LMCC Wireless Committee, addressed the City Council regarding the progress being made on the LMCC's wireless high -speed intern' et access. Albertson stated there are new developments occurring within the cellular and Wi -Fi industries and that it would be prudent to delay implementing an area -wide communications network in order to observe the difficulties encountered by the City of PAGE 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. • (4. SALLYKOENECKE, LAKE MINNETONKA COMMUNICATIONS COMMISSION, Continued) Minneapolis, who is in the process of implementing a new system that will be up and running by the fall of 2007. Sansevere inquired whether all of Orono would have Wi -Fi access or whether there would only be selected areas that would have access. Koenecke stated they are looking at areas where access is not reliable at the present time, which is one of the reasons why the Commission elected to delay implementing this type of system. Sansevere inquired what the cost would be to the residents. Koenecke stated they conducted two seminars with city officials last year and at that time proposed to undertake feasibility studies, but the LMCC elected not to proceed forward with the feasibility studies due to lack of funding and the rapid changes that are occurring at the present time with this technology. Sansevere commented if the high -speed internet access is going to cost a resident over $100 a month, it is unlikely that many residents would elect to use it since there are other cheaper options available. Koenecke stated the cost to each Chaska resident for this type of system is $16 a month. Koenecke stated she is not aware of what the costs would be to Orono citizens until a feasibility study is completed and an interest survey completed. 0 McMillan expressed a concern that the Commission would be investing a significant amount of money into a system that may become obsolete in a relatively short period of time due to the changing technology. Koenecke stated they are reviewing Minneapolis's system because the provider is paying for the infrastructure rather than the City, which helps to reduce the costs significantly. Koenecke indicated typically the providers recommend that a five -year upgrade be incorporated into the costs. Koenecke stated the LMCC is attempting to get an overview of the systems that other cities are utilizing and the associated costs. Murphy inquired whether this would be a direct competitive venture against landline providers and the cable business. Koenecke stated the phone companies are attempting'to get legislation• passed that would eliminate franchising. Murphy concurred that the LMCC is right in waiting to determine the best way to proceed. The City Council took no formal action on this item. r� LJ PAGE 2 of 15 r • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, �ovember 13, 2006 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS ; RALPH KEMPF, Kempf commented a number of commercial developments nowadays are well developed architecturally and that Orono, being a very rural area, might do well to incorporate a higher level of greenery and trees in their commercial developments to help preserve the rural character of the comninunity. Kempf stated he would be available for PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 5. #06 -3218 BRIAN ARNE AND JULIE MORRISON — ARNE, KERRY AND KIANN NASSAUER,130 AND 145 MANOR CIRCLE — FINAL PLAT AND VACATION — RESOLUI'ION NO. 5529 and 5530 Brian Arne and Julie Morison, Applicants, were present. Gaffron stated the applicants received preliminary plat approval for the vacation of Manor Circle and a replat that incorporates portions of Manor Circle! into their individual properties. The applicants have completed or have agreed to complete all subdivision ordinance requirements for platting, as well as the requirements for final plat approval. Gaffron stated this application came about because of a previous developer's failure to make the necessary changes to convert this into a private roadway and City Staff not requiring that it be rectified during the later Countryside plats. Gaffron stated the Council does have the option to provide some financial relief to the applicants by waiving the Anal platting and legal review fees. McMillan stated she requested this item be removed from the Consent°Agenda to allow for discussion of the waiver of the platting and legal fees. Julie Morison stated they have been working with Staff on this matter for a number of months now and that during that process it was discovered that a road easement went through their property. Variances would not have been required for this project except for the road easement. The reconunendation by Staff was to vacate the road easement, and as they have gone through that process, the homeowner's association has gotten involved and the parties have incurred a number of expenses in connection with this matter. Morison requested they be given some financial reimbursement for the fees they have incurred correcting a situation that should have been corrected by the previous developer. Sansevere inquired whether the City is somehowlat fault for the failure of the developer to make this a private roadway. Gaffion stated in the agreement the City offered to the developer in 1985, the City did not require the developer to replat the land at that time and that at the time the subdivision to the north of this lot was • completed, it became clear that this road was not 'required and it should have been replatted at that time. Gaffron stated the replatting was apparently forgotten but it does have some ramifications on this property. PAGE 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November, 13, 2006 7:00 o'clock p.m. (5. #06 -3218 BRIAN ARNE AND JULIE MORRISON — ARNE, KERRY AND KIANN NASSAUER,130AND 145 MANOR CIRCLE, Continued) Sansevere commented it does not appear that the City has a legal obligation to waive the fees. Morrison commented the homeowners association feels there might be some legal obligation on the part of the City to reimburse them for some of their expenses for having maintained this public road for the past 20 some years. Sansevere inquired whether they are putting the City in peril by agreeing to waive the fees. Brokl stated if the fees were waived for this particular application, it would have no affect on the homeowners association. Murphy inquired whether the city has any precedent for waiving fees under these circumstances. Gaffion stated to his knowledge this situation has not come up before and that this is a unique situation. Gaffron stated the City has not been maintaining this road. Sansevere inquired what expenses the homeowners association has incurred in maintaining this road. McMillan stated to her knowledge the homeowners association did repave the road. • Morrison stated she cannot speak for the homeowners association, but that in her opinion the homeowners • association feels that the individual property owners should be reimbursed for some of the costs that they have incurred in pursuing their application and correcting the, error. Morrison indicated they have had to spend thousands of dollars in surveys and replatting. McMillan moved, White seconded, approval of Application #06 -3218, Brian Arne and Julle Morrison — Arne, Kerry and Kiann Nassauer, 130 and 145 Manor Circle — Final Plat and Vacation, to adopt RESOLUTION NO. 5529, a Resolution Vacating the Dedicated Public Road shown as Manor Circle within the Plat of Countryside Manor 2nd Addition and Vacating Drainage and Utility Easements within Lot 1, Block 1 and Lot 1, Block 2, Countryside Manor 2 "d Addition; and to adopt RESOLUTION NO. 5530, a Resolution Approving the Plat of Countryside Manor Yd Addition, with waiver of the final platting and legal review fees of $530. Sansevere stated in his view the applicants should get some financial relief from their homeowners association rather than the City. White stated it was always intended that this would be a private road but the developer never filed the necessary paperwork. White stated in his view someone from the City should have followed up on this back in 1985. White noted a variance is no longer needed, and inquired whether the applicants have also paid a variance fee. Gaffion stated they have not. Murphy stated it comes down to the principle of the matter and that in his opinion the City and the • previous developer did everything that was required to be done at that time. PAGE 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,�Tovember 13,2006 •7:00 o'clock p.m. • • (5. #06 -3218 BRIANARNE AND JULIE MORRISOP NASSAUER,130 AND 145 MANOR CIRCLE, Continued) — ARNE, KERRYAND KIANN Gaffron stated at that period of time the City allowed the developers to file their own plats, which has since changed. Gaffron stated no one from the City caught the fact that it was filed as a public road rather than a private road outlot. The mayor later signed an agreement correcting the situation but that the City does not have a signed copy by the developer. Gaffron commented it would be difficult to locate this developer. Murphy inquired whether these fees were originally paid and whether these fees have been paid twice. Gaffron stated an argument could be made that the developer paid to subdivide the land in a certain mamzer, which never happened, and that now these applicants are paying fees to accomplish the same thing that was never followed through with by that developer. Murphy stated he would be in favor of waiving the fees if the City already collected some fees for the original platting. Morrison commented Mr. Sticlaiey had pointed'out that the road cannot be both a public and a private road and that they have had to incur thousands of dollars to make it a private road. Brokl stated this is the reason why the City VOTE: Ayes 5, Nays 0. *6. #06 -3230 SUPERIOR DESIGN LAN LAURIE EMFIELD, 4203 NORTH SHORE RESOLUTION NO. 5531 requires surveys showing the abutting lands. P,S, INC., ON BEHALF OF BOB AND — CONDITIONAL USE PERMIT — White moved, McMillan seconded, Application #06 -3230 Superior Design Landscapes, Inc., on Behalf of Bob and Laurie Emfield, to adopt RESOLUTION NO. 5531, a Resolution Granting Variances. VOTE: Ayes 5, Nays 0. 7. #06 -3233 EPISCOPAL DIOCESE OF MINNESOTA, ST. EDWARDS CHURCH, 865 FERNDALE ROAD NORTH — CONDITIONAL USE PERMIT Fritz Wright, St. Edwards Church; Array Designer, were present. . Curtis stated the applicant has applied for a cor the property, conduct land alterations in excess way of County Road 6, construct a new church construct an 11' high, 12' by 24' storage shed, adjacent to the parking lot. Any improvernen t within a residential zoning district requires revi addition to the conditional use permit review, tl proposed monument sign to exceed the 10 -foot St. Edwards Church; Roland Aberg, Landscape tional use permit in order to do some improvements to '500 cubic yards between the building and the right -of- gn at the confer of Ferndale and County Road 6, d construct a memorial garden including a columbarium )posed by a use operating conditionally on a property (and approval of a new conditional use permit. In applicant is also requesting a variance to allow the aximum requirement by 6 inches. P, GE5of15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. • (7. #06 -3233 EPISCOPAL DIOCESE OF MINNESOTA, ST. EDTEARDS CHURCH, 865 FERNDALE ROAD NORTH, Continued) The Planning Commission voted 3 -2 to recommend approval of the conditional use permit for site grading and sign square footage variance, but not the sign height variance. The dissenting Commissioners were supportive of the application, but voted against the motion because they were supportive of the applicant's request for a 6 -inch height variance for the proposed monument sign. The City Attorney has reviewed the applicant's request for a columbarium and has determined it is not a permitted use in the City. In order for the City to allow the construction of the columbarium, the zoning Code may need to be amended to allow cemeteries /columbarium as a permitted accessory or conditional use. Staff recoimnends approval of the conditional use permit amendments and sign variance. Staff reconunends denial of the use variance in order to construct a columbarium/cemetery. The applicant will be expected to establish protective covenants over the wetland and buffer as well as dedicate the standard wetland drainage and utility easements as required in the Wetlands Protection ordinance. The Council should determine whether or not to impose a financial guarantee for the proposed improvements. Wright stated the building has been successfully reconstructed and that due to their limited budget, they would not be pursuing construction of the columbarium at this point. Aberg addressed the City Council regarding the landscaping of the church property. Aberg stated they 40 are for the most part in agreement with the comments by Planner Curtis arid that the sign is proposed to sit in the middle of some landscaping and would be located quite a ways from the church given that this is a three -acre lot. Aberg noted the church is located along County Road 6, which is a higher speed road, and that they have designed the _sign to be proportional, with the sign conung to a peak. Murphy inquired whether the sign has the same pitch as the church roof. Aberg stated it does. Aberg stated since the sign sits out in the open, it does have the appearance of being smaller. I Aberg stated the requirement of filing the financial guarantee of $20,000 with the City is not possible for the church, noting that the dirt and some other items are being donated, which amount to roughly $4000. Aberg stated if the $20,000 requirement is not waived or reduced, it is unlikely that the church would be able to proceed forward with the project. Amy Ahlworth requested the Council waive the application fee, noting that she has been a resident and parishioner of St. Edwards Church for the past 15 years. Ahlworth stated since the fire there have been numerous donations by both parishioners and nonparishioners to help rebuild the church, but additional resources are still needed to finish the project. Ahlworth requested the City waive the fee as a show of community support. Sansevere inquired whether the City has granted height variances to signs in the past. Gaffron stated historically the Citj has granted sign size variances, but he is not sure whether the City has granted a variance to the height. • PAGE 6 of 15 V MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,1 November 13, 2006 • 7:0 o'clock p.m. (7. #06 -3233 EPISCOPAL DIOCESE OF MINNESOTA, ST. EDIVARDS CHURCH, 865 FERNDALE ROAD NORTH, Continued) McMillan inquired whether any portion of the existing sign would be utilized. Aberg stated it would be a brand -new sign. Murphy stated the City should perhaps look at a scale component aspect to their sign variance to make the signs look proportional; noting that the medical clinic sign does not look proportional. McMillan inquired whether six inches of dirt c Gaffron stated the total height of the sign is ba Aberg stated only a very small portion of the s Sansevere inquired whether the City would be Brokl stated it would not set a precedent and t] Id be added to the base of the sign. l on the finished grade to the peak of the sign. would exceed the height restriction. ling a precedent by waiving the fee for the church. this application is a fairly narrow exception. White inquired whether the City waived the fee;for Trinity Church on their application. Gaffron stated the City did waive the letter of credit for Trinity Church and required that Trinity Church sign a developer's agreement saying they would' accept whatever costs the. City incurred. Gaffron stated the City has incurred costs in connection with this application and that the waiver would be a decision of the Council. Peterson moved, Murphy seconded, Application #06 -3233, Episcopal Diocese of Minnesota, St. Edwards Church, 865 Ferndale Road North, to direct staff to draft a resolution approving the conditional use permit and allowing the additional sic inches on the sign, with waiver of the $1200 application fee, subject to the applicant being required to sign a financial guarantee in lieu of the letter of credit. VOTE: Ayes 4, Nays 1, McMillan Opposed. McMillan stated she is opposed to the sign 8. #06 -3238 VOGUE ICF HOMES ON WALTERS PORT LANE — VARIANCE William and Sue Dunkley, Applicants, and J Architect, were present. Turner stated the applicants are requesting lake addition of a second story to the existing reside and is located entirely in front of the average la variance. OF WILLIAM AND SUE DUNKLEY, 2709 Vogstrom, Vogue ICF Homes, and Darren Halu1, setback and average lakeshore variances to allow the The house is located entirely within the 0 -75' setback )re setback. The Planning Conunission voted 5 to 1 to reconlinend approval subject to the center cross gable being lowered to the height of the proposed cross gable over the garage and the cross gable over the garage being lowered slightly; and, two, the applicant providing an annotated hardcover survey with removal and any changes in retaining walls noted before the item is considered by Council. PAGE 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. (8. #06 -3238 VOGUE ICF HOMES ON BEHALF OF WILLIAMAND SUE DUNKLE Y, 2 709 • WALTERS PORT LANE, Continued) The applicant has revised the house plan and has clarified the height of the two cross gables on the original plan. The center cross gable is still not down to the height requested by the Planning Commission but it is within two feet. The height is now at 31 feet, with the Planning Commission recommending 28'/11 ". In addition, the applicant has made a number of other changes not requested by the Planning Commission, such as reducing the garage peak height, reducing the height of the upper deck, installing clear deck railings, and reducing the height of the lakeside windows in the area of the upper deck. In addition, the siding materials have also changed from lap siding to two types of stone. The roof over the front entry has been changed from a peak to an arch. Staff recommends approval of the variances in conformance with the Planning Commission's recommendation. McMillan inquired whether the center is two and a half stories plus a walkout. Turner stated it is one story and a walkout, with the second story area being located to the left: Murphy inquired what the overall height of the structure is. Turner stated the proposed height now is 31 feet, with the Planning Commission recommending 28'/11" for the center portion. . Murphy inquired what the relevance of the pictures included in Staff's report is. Turner stated those are photographs of the adjoining properties and show what has been constructed on those properties. Turner stated Photo No. 6 is east of this property. Murphy commented there are a variety of different styled homes in this area. Murphy inquired why the Planning Commission requested the peak height be reduced to 28'/11 ". Kempf stated due to the closeness of the residence to the water, it was felt that there was a lot of massing along the shoreline and that the design of the house called attention to the structure. The Planning Commission felt a reduction in the height of the peak might help to offset the appearance of massing. McMillan commented the center portion of the house has the appearance of being three and a half stories high but is lacking a floor, which qualifies it as a two and a half story structure. Sansevere inquired why the applicants did not lower it to the recommendation of the Planning Commission. John Vogstrom, Vogue Homes, stated he spent a considerable amount of time attempting to reduce the center of the house. Vogstrom stated the garage is located three feet lower than the rest of the house and pointed out that there is a doorway located in the center of the home to gain access to the deck. hi order to allow access to the deck, 6'/8" is required by code for the door to the stairway. Vogstrom stated they have spent considerable time attempting to reduce the height of the center portion of the house but have been unable to. PAGE 8 of 15 • • ORONO C1T' Monday, 7:0 TES OF THE COUNCIL MEETING lovember 13, 2006 o'clock p.m. (8. #06 -3238 VOGUE ICF HOMES ONBE WALTERS PORT LANE, Continued) 1 Sansevere inquired whether the house could be OF WILLIAM AND SUE D UNKLEY, 2709 if it was lowered to 28'/11 ". Mrs. Dunkley stated the house was originally constructed in 1961 when there were no setbacks to the lake required. Dunkley pointed out the only square footage being added to the house is over the garage and that it was suggested at the Planning Commission meeting by Mr. Vogstrom that he could perhaps lower the center peak to the height of the garage. Dunkley commented she did not think it was possible to lower it to that height but the Planning Commission elected to go with the 28711 ". White inquired about the height requirement forithe cave that was mentioned by Mr. Vogstrom. Turner stated there is a building requirement foriclearance of a stairway. Turner explained the center part extends forward of the other areas by approximately four feet and that the building code requires a certain amount of clearance from the cave. McMillan inquired whether there is any other Turner stated you could gain access from the ele Vogstrom stated you can gain access to the to all the levels. Gaffron stated there is a catwalk located on the McMillan inquired whether the catwalk is to access the upper deck except for the spiral staircase. tor. via the spiral staircase and that the elevator allows access of the house that allows access to the deck. .a inside the house or outside. Darren Hahn, Architect, stated there is no catwalk located on the inside of the house. Hahn stated the deck does not go all the way to the front of the house. Hahn stated the deck has to be at that height because of the height of the roof and that they have lowered the pitch of the roof as much as possible. Murphy inquired whether the room above the Halm stated it does. Murphy stated that would mean that room is McMillan inquired how high the deck is. Halm stated the deck is 15 feet above the main Vogstrom stated it would be approximately 13 Murphy connnented in his view this residence d designed for maximum effect to the lake. Dunkley displayed photographs of other residen lower in elevation than the majority of the other has a vaulted ceiling. 14 feet high. because there would be two feet of insulation. not fit the character of the neighborhood and it is in the neighborhood, noting that their house is located nes in the area. PAGE 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. (8. - #06 -3238 VOGUE ICF HOMES ON BEHALF OF N7LLIA.MAND SUE DUNKLEY, 2709 WALTERS PORT LANE, Continued) White recommended darker natural colors be utilized, which help to reduce the appearance of massing. McMillan stated she has a concern with the vaulted glass and that the deck should not be driving the design of the addition. t Mrs. Dunkley stated the majority of the glass already exists and that they are adding very little glass with the addition. Dunkley indicated they love this area and want to remain in the house. Dunkley pointed out there is a public beach near their lot. Vogstrom stated the house is not a straight house across the front and that it is somewhat V- shaped. Vogstrom stated they would be in favor of going with different colors if that is the recommendation of the Council. Sansevere inquired how far the house is located from the lakeshore. Gaffron stated it is approximately 35 feet. McMillan asked whether the structural coverage is grandfathered ul at 16 percent. Turner stated it is. Gaffron stated limits on structural coverage were put in place to deal with massing on properties and that the proximity of this house to the lake is an issue. Turner stated the deck off the bedroom is high enough that it should be included as structural coverage. Mrs. Dunkley stated that deck would be removed. Vogstrom stated that should reduce the hardcover by approximately 100 square feet. Sansevere stated the home is very close to the lake compared to the other homes on the lake. Mrs. Dunkley stated they are located at the end of the lake. Sansevere stated if the house were located further away from the lake, it would not have such a big impact on the lake. Sansevere suggested this application go back to the Planning Commission since the applicants did not comply with their recommendation. Sansevere moved to send the application back to the Planning Commission. Halu1 stated he was not in attendance at the Planning Commission meeting and that he would have made the point at the meeting about the headroom that was required for the stairway. n • Peterson seconded the motion. McMillan inquired whether the applicants could meet the recommendation of the Planning Commission. • PAGE 10 of 15 MII UTES OF THE ORONO CITY COUNCIL MEETING Monday; November 13, 2006 7:00 o'clock p.m. (8. . #06 -3238 VOGUE 1CFHOMES ON BEHALF OF TTIMLIAMAND SUED UNKLEY, 2709 WALTERS PORT LANE, Conthmed) .1 Mrs. Dunkley requested they not have to appear before the Planning Conunission and that they will attempt to redesign their plans to comply with the 28'/11 ". Sansevere withdrew his motion. White moved, McMillan seconded, to approve Application #06 -3238, Vogue ICF Homes on behalf of William and Sue Dunkley, 2709 Walters Port Lane, subject to the center peak Having a maximum height of 28'/11" and subject to the utilization of a different color scheme consisting of darker earthtone colors. Mrs. Dunkley stated they would be willing to Turner inquired whether the changes that were should be retained. Brokl recommended the current changes be i with Staff on the colors. not at the request of the Planning Commission in the motion. White amended his motion, McMillan seconded, Application #06 -3238, Vogue ICF Homes on behalf of William and SueDunkley, 2709 Walters Port Lane, approving the revised plan before the City Council tonight, subject to the center gross gable being lowered to 28'/1111, and subject to the incorporation of darker earthtone colors to be approved by Staff. VOTE: Ayes 4, Nays 1, Murphy Opposed. Murphy stated in his opinion the house is out of character with the rest of the neighborhood. 9. #06 -3240 CITY OF ORONO ZONE CODE SECTION 78 -1— DEFINITIONS OF "BASEMENT" AND "STORY" ZONING CODE AMENDMENT Loren Schoenzeit, 4480 Forest Lake Landing, slated in his view the houses are getting too tall in Orono and part of the impetus for that is somewhat based on the City's restriction of 15 percent structural coverage. Schoenzeit stated his concern with the ordinance is that the smaller house could lose possibly a lower level. Schoenzeit commented Orono has the most restrictive building code in the Twin Cities if they compare the 15 percent structural coveragellimit with other communities. Schoenzeit indicated he would be willing to work with Planner Gaffron to protect the smaller house, noting that there are not provisions to deal with water drainage on a lot. Schoenzeit stated the City should balance the property rights of the owners with the regulations of the City. Schoenzeit encouraged the Council to consider the smaller homes when nevi ewing this ordinance. White stated Mr. Schoenzeit did raise an interesting point and that there may be some problems with the ordinance that should be addressed. Gaffron stated the City does not have a functional ordinance presently concerning the definition of a story • and the definition of a basement and that the City should have an ordinance that does not need interpretation. Gaffron stated Staff is proposing language that is very similar to what is contained in the PAGE 11 of 15 MINUTES Or THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. (9. #06 -3240 CITY OF ORONO ZONE CODE SECTION 78 -1— DEFINITIONS OF "BASEMENT" AND "STORY" ZONING CODE AMENDMENT, Con.tiniceil) building code. Gaffron stated if half of the home is located below grade, it should be considered a basement and if half of it is located above grade, it should be considered a story. Schoenzeit agreed that the City should have good definitions of what a story is and what a basement is but that the impact of this ordinance on smaller homes should be taken into consideration. Schoenzeit requested some accommodation be made for the smaller homes. McMillan stated if Mr. Schoenzeit's basement is considered a story because it is more a walk -out, he would lose the potential of adding a story. McMillan stated this ordinance could also potentially limit the expandability of her house. Schoenzeit stated there . are sections in the ordinance that would have huge impacts on the smaller houses. McMillan inquired whether the 50 percent is contained in the building codes. Gaffron stated it is. Gaffron stated the majority of the plans that have come before the City in the past few months do not meet the current code. Gaffrons suggested Staff look at the impact this ordinance would have on a smaller house and perhaps draft a different standard that could be drafted for the smaller - sized residence. Brokl pointed out there is a big difference in the City's regulations for new construction versus remodel. Gaffron stated based on the way Staff is dealing with it today, people can put the foundation two feet deeper into the ground to meet the City's ordinance. Gaffron stated Staff would like to measure from the floor above and measure down. White stated he would like to know what the ramifications of this ordinance amendment are for the smaller sized homes. McMillan inquired what the ramification would be to a house that is not located on the lake. Gaffron stated the issues would be the same and that the ordinance is attempting to limit massing on a lot. Murphy proposed the ordinance amendment be tabled and discussed in a work session. Gaffron stated there are two or three items on next week's Planning Commission meeting that are out of compliance with the City's current policy but would be in compliance with this ordinance. Schoenzeit stated inclusion of a definition of walkout might also help. Gaffron stated a walkout versus a lookout is a major issue. McMillan inquired whether two and a half stories are the inaximum. Gaffron stated that is correct. PAGE 12 of 15 C7 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00; o'clock p.m. (9. #06 -3240 CITY OF ORONO ZONE "BASEMENT ' AND "STORY" ZONING C McMillan suggested a cap be placed on the Gaffron stated the Council could also have a ordinance amendment. E SECTION 78 -1— DEFINITIONS OF AMENDMENT, Continued) of feet per story. height limit. Gaffron requested the Council table the Murphy moved, White seconded, to table Application #06 -3240, City of Orono Zone Code Section 78 -1— Definitions of "Basement" and "Story' 4 Zoning Code Amendment — Ordinance, with this matter being discussed at a work session within the next 60 days. VOTE: Ayes 5, Nays 0. Loren thanked Staff for improving the City's *10. #06 -3241 CITY OF ORONO ZONE ZONING CODE AMENDMENT — ORDIN. site. SECTION 78 -1466 — ELECTION SIGNS NO. 35, THIRD SERIES White moved, McMillan seconded, to adopt ORDINANCE NO. 35, Third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending Sections 78- 1466(8) and 78- 1466(9) Regarding Signs. VOTE: Ayes 5, Nays 0. *10A. WATERTOWN ROAD AND ORONO ORCHARD ROAD SOIL BORING QUOTES White moved, McMillan seconded, to accept the price quote of STS in the amount of $6,459 for soil borings on Watertown Road and Orono Orchard Road, and to authorize up to an additional amount of $1,541 for additional boring depth,if needed, for a total cost of $8,000; and to amend the General Fund and Municipal State Aid Fund budgets to reflect the expenditures. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan reported on the low impact deve Westerlund, the speaker at the seminar, be Murphy stated he has received four a -mails condition of the property. Murphy recomm with the situation. t seminar she attended and recommended that Julie to give a presentation to the City. . Mr. Hollander's neighbors complaining about the I the City Attorney look at the City's options for dealing White requested the City's financial officer prepare a monthly report. i Murphy inquired whether a line -by -line review of the budget should be scheduled. Moorse stated that item could be placed on the November 28°i work session agenda. Sansevere suggested the City Administrator contact the City of Long Lake regarding working out a continuation of the.police contract with the City! of Orono in the next 90 days rather than six months. Murphy stated the City does need to look at revising the police contract but that the implications of the new contract need to be frilly understood. PAGE 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2006 7:00 o'clock p.m. CITY ENGINEER'S REPORT None CITY ADMINISTRATOR'S REPORT *11. CALL FOR PUBLIC HEARING ON REFINANCING OF ORONO WOODS SENIOR HOUSING BONDS — RESOLUTION NO. 5532 White moved, McMilIan seconded,, to adopt RESOLUTION NO. 5532, a Resolution Calling for Public Hearing on Orono Woods Housing Program Amendment and Issuance of Senior Housing Refunding Bonds. VOTE: Ayes 5, Nays 0. . , 12. PURCHASE OF SCBA REPLACEMENT EQUIPMENT Sansevere stated if the City of Orono is paying 100 percent of the costs of the equipment for the Navarre firefighters, the equipment should remain in Navarre. Sansevere inquired why 27 units are being ordered for Long Lake and why only seven units are being ordered for Navarre. Moorse stated Long Lake and Navarre are replacing what they currently have and that if it is determined that more ,units are required, the City would consider purchasing additional ones. Sansevere moved, White seconded, to approve payment of the City's share of the cost of the SCBA • equipment replacement, in the amount of $144,399.54, and to amend the Improvement and Equipment Outlay Fund budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None *13. LICENSES ONE DAY GAMBLING — RESOLUTION NO. 5533 1. Orono PTO (raffle) Winter Fun Fest — Orono Middle School 12:00 p.m. — 4:00 p.m. Saturday, February 3, 2007 White moved, Sansevere seconded, to approve the above license. VOTE: Ayes 5, Nays 0. *14. BILLS White moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. • PAGE 14 of 15 J, • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,1November 13, 2006 7:00 o'clock p.m. ADJOURNMENT Sansevere moved, Peterson seconded, to There being no further business to discuss, the ATTEST: / Ln da S. Vee, City Clerk • • PA n the Orono City Council meeting at 9:55 p.m. was adjourned at 9:55 p.m. • FAW • • 15 of 15