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HomeMy WebLinkAbout11-27-2006 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. ROLL CALL The Council met on the above - mentioned date with the following members present: Acting Mayor Jim White, Council Members Bob Sansevere, Jim Murphy, and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Matt Brold, City Engineer Tom Kellogg, and Recorder Jackie Young. Acting Mayor White called the meeting to order at', 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item No. 9 was added to the Consent Agenda and Murphy moved, Sansevere seconded, to VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF No. 10 was deleted. the Consent Agenda as amended. VEMBER 13, 2006 Murphy moved, Sansevere seconded, to approve the minutes of the November 13, 2006 City • Council meeting as submitted. VOTE: Ayes 4, Nays 0. PUBLIC HEARING — 7:00 P.M. 3. FARVIEW NEIGHBORHOOD SANITARY SEWER PROJECT a. ORDER PREPARATION OF PLANS AND SPECIFICATIONS — RESOLUTION NO. 5534 White opened the public hearing at 7:06 p.m. Moorse explained the public hearing relates to the 1~arview neighborhood sanitary sewer project. A feasibility study has been completed and a meeting with the neighborhood was held. The City received a _ - petition where the vast majority of the residents in the area have indicated support of the project. If positive public comments are received tonight at the public hearing, it would be Staff s recommendation that the Council approve preparation of the plans and specifications for bid. Kellogg stated the one item that should be determined if the City elects to approve preparation of the plans and specifications is the number of properties,that would be included in this project. Kellogg illustrated the service area on the overhead, noting that two additional properties on Fox Street have indicated an interest in being included in this project. The estimated cost per unit is approximately $8500, although the cost may decrease slightly if the two additional properties are included. Jerry Kemp, 2800 Farview Lane, stated with respect to the cost, the original feasibility report indicated the sewer would run up to Fox Street along Farview. To access the one property to the northwest, the sewer line would need to be extended, which would raise the cost slightly, but with the addition of the two properties, the cost would probably remain the same. PAGE 1 of 10 0 4. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. (3. FAR VIEWNEIGHBORHOOD SANITARYSEWER PROJECT, Continued) Kellogg stated his expectation is that the cost would probably remain the same or be slightly less. Kemp stated there is some confusion with respect to paving of the street. Kemp stated the directional boring would cause minimal damage to the street but noted the feasibility study showed $10,000 for restoration of the street. Kemp asked about the difference between the gravity system and restoration of the street and whether there would be a lot of damage to the streets. Kellogg stated the cost estimate for the gravity sewer had two line items, with the first one being street section at a cost of $285,000, which would be the street reconstruction necessary for a gravity sewer system. The second item is the cost related to restoration of landscaping, which is $12,000. The $12,000 amount compares to the $10,000 amount related to the pressure system. Kellogg stated they do not anticipate the need to repair any street section if the pressure sewer line is installed. Kemp inquired whether the SAC charge is a one -time fee. Kellogg stated it would be. Acting Mayor White closed the public hearing at 7:12 p.m. • Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5534, a Resolution ordering preparation of plans and specifications for the Farview neighborhood sanitary sewer • improvements. Gaffron stated the property located outside the MUSA system is a two -acre property. Gaffron stated he does not anticipate the Metropolitan Council would have an issue with including this property into the MUSA system. VOTE: Ayes 4, Nays 0. PRESENTATION 4. RECOGNITION OF THOSE WHO CONTRIBUTED THEIR TIME, TALENTS, EFFORT AND EQUIPMENT TOWARD BIG ISLAND PARK IMPROVEMENT AND CLEAN -UP - RESOLUTION NOS. 5535 - 5542 Acting Mayor White stated at this time the City of Orono would like to recognize the people who were involved in the Big Island Park improvements. Gabriel Jabbour, Former Orono Mayor, commented the City of Orono enjoys a tremendous amount of parkland, which in large part has been donated by private citizens to the City. Jabbour stated the Big Island park improvement project was made possible by a number of people, some of which live outside the City of Orono. Jabbour stated the City received approximately $356,000 in reduced rates and free labor from the many volunteers. Jabbour individually acknowledged the volunteers and thanked them for their, generous contributions. . PAGE 2 of 10 • • • 3 :1, ORONO CITY Monday, T 7:00 (4. RECOGNITION OF THOSE WHO CO AND EQUIPMENT TOWARD BIG ISLAND P. Continued) Acting Mayor White presented Xcel Energy, Wes Niccum, Don Anthony, Mike Brown, and Tony Sc contributions to the Big Island Improvement Projc ES OF THE OUNCIL MEETING vember 27, 2006 clock p.m. IB UTED THEIR TIME, TALENTS, EFFORT IMPROVEMENT AND CLEAN -UP, ;kson, Gabriel Jabbour, Tom Nicccum, Bret with resolutions acknowledging their Jim Murphy thanked former Mayor Gabriel Jabbour for coordinating this project, noting that the park is more environmentally sound due to the efforts of Jabbour and the other volunteers. Melanie DeLuca reported on the success of the Big Island Summer Institute program this past summer. A nine -week program was conducted this summer; with transportation being provided by the Lake Minnetonka Sailing School. Children from 23 different communities were able to participate in the program this year, with 156 students involved in the program overall. DeLuca thanked the members of the Orono City Council for their sponsorship of some of the low- income students and the other volunteers who helped make this program a success. The City Council and the audience watched a Program. Murphy moved, Sansevere seconded, to adopt Bendickson, Tom Niccum, Bret Niccum, Tony Jabbour, and Xcel Energy, particularly Greg' Contributions Toward the Clean -up and Impr Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS — highlighting the Big Island Summer Institute .esolution Nos. 5535 to 5542 Recognizing Wes chmidt, Don Anthony, Mike Brown, Gabriel enzel, for their Outstanding Efforts and 7ement of the Big Island Park Property. VOTE: KROEGER, REPRESENTATIVE Kroeger stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINSTRATOR'S REPORT 5. #05 -3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT — VARIANCE Allen Munson, Applicant, was present. Gaffron stated the applicant is requesting a conditi setback to allow for construction of a new resident application in March, with the application being to manner that would be acceptable to the adjoining I encroachment. Ll use permit and a variance to the average lakeshore The Council had previously reviewed this d to allow the applicant to revise his plans in a )erty owner affected by the average setback PAGE 3 of 10 MINUTES OF THE ORONO CITY. COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. (5. #05 -3135 ALLENMUNSON, 3165 NORTHSHORE DRIVE, Continued) The revised proposed residence has a flat roof with a parapet. The top of the parapet is about 30 feet above the existing lakeside grade. The prior plan showed a 27 -foot height on the lakeside. The new plan meets the City's height limits. The portion of the house within the average lakeshore setback consists of two stories and is a six-foot encroachment. The City Engineer has not had an opportunity to review the revised plans. Staff recommends approval of the fill CUP, subject to confirmation by the City Engineer that the grading and drainage plan is acceptable. The applicant is proposing to bring in approximately 2350 cubic yards and will be placed on the landward side of the house. Council should review with the applicant the basis for not meeting a 5 -foot fill setback. Sansevere inquired whether the house could be pushed back six feet and still keep the same footprint. Gaffron stated the location of the house probably relates to topography and the view of the lake. Munson stated the further back from the lakeshore you go, due to the tree line, the side lakeshore view is lost. • Sansevere commented the fill issue is not a major issue, but inquired whether Mr. Wagener's view would be impacted by the encroachment. Wagener stated he has met with the applicant three different times, with a request being made of the • applicant to set corner posts, which was completed, and his surveyor marked the elevations of the proposed house. Wagener stated the Mandel house pushed the average lakeshore setback closer to the lake. Wagner stated he would like to see a house that is similar to the existing house, which is more a low - profile structure. Sansevere stated the applicant is not excessive on the height but that he does have a concern with the six feet encroachment being proposed. Sansevere commented the City Council generally listens to the comments of the neighbors when attempting to reach a decision on a variance request and that the City Council encourages the neighbors to work together to reach a workable solution. Munson stated he has attempted to contact Wagener numerous times but has been unable to reach him personally. Sansevere stated he is not supportive of the encroachment if it impacts a neighbor's view of the lake. Munson stated there are two extremes, with the house to the north being located 75 feet from the lakeshore and the other house being located 300 and some feet back from the lakeshore. Murphy stated the average lakeshore setback is one of the more stringently enforced ordinances of the City. Murphy questioned whether the applicant feels it is okay to encroach into the lakeshore setback due to the trees and still be okay with locating his house in a position that would impact the neighbor's view. Murphy stated he does not see a hardship in this situation to grant the variance. • PAGE 4 of 10 4 r • ORONO CITY Monday, P 7:00 (5. #05 -3135 ALLEN MUNSON, 3165 McMillan inquired whether any of the existing Munson stated the City would not allow him to would be required. White requested a clarification on the fill. ES OF THE OUNCIL MEETING vember 27, 2006 clock p.m. SHORE DRIVE, Continued) ion is going to be utilized. the existing foundation due to the variances that Gaffron stated the applicant is working with the Mandels to obtain an easement in order to create a drainage swale to direct the drainage more in its natural flow across the Mandel property. Gaffron indicated the Mandels are not opposed to the ease mlent. Gaffron stated there is an underground garage with a circular driveway above it. The current survey suggests that there will be grading right up to the lot line rather than five feet off of the property line. The impact of stopping the grading five feet from the property line would result in a ditch along the property line and would have some impact on how the runoff would flow past the neighbor's retaining wall. Kellogg stated he did briefly review the grading plans prior to tonight's meeting and that it appears the proposed drainage would work but that there is a question on the exact location of the retaining wall. The fill brought in would be lower than the top of the all but would raise the grade on the Munson side. Kellogg recommended the location of the retaimngwall be clarified. is Gaffron stated the City has a code that restricts grading within five feet of the property line except if it is to create a drainage swale. The issue is that there is filling proposed up against the lot line to create the drainage swale rather than cutting away the dirt. Gaffron stated the elevation would still be lower on the Munson property. White inquired how high the fill would go. Munson stated it would be approximately two feet higher and that he is keeping it one foot below the retaining wall. McMillan inquired whether there would be Kellogg stated that is the only way that a swale eventually go away once vegetation becomes e; without the fill be established in that area and that the erosion will McMillan commented it appears that without the fill there would be a big drop -off on the one side of the structure. Munson stated some water from the property to attempting to correct that situation. White stated in a situation where there is grading permission of the adjoining property owner. Murphy stated he is hesitant to approve a six-foot there is an agreement by the affected adjoining pr, north drains onto his property and that he is to the lot line, the Council generally requires the ce into the average lakeshore setback even if owner. PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. (5. #05 -3135 ALLENMUNSON, 3165 NORTH SHORE DRIVE, Continued) • Munson stated in his view the six -foot variance was reasonable. Sansevere stated in this situation the adjoining property owner has an issue with the encroachment and that the average lakeshore setback is designed to protect the views of the neighbors. Munson stated given the row of trees, the adjoining property owner would not see his new house. Murphy inquired whether Mr. Wagener was shown the revised plans. Munson stated he did show his plans to Mr. Wagener and erected the posts as requested by Mr. Wagener. Peter Johnson stated shortly after the last meeting Mr. Wagener and the applicant did have a conversation at the site. The applicant was requested to erect two poles demonstrating the proposed height of the new structure. Mr. Wagener's architect reviewed the revised drawings and came to the conclusion that the top of the parapet is now at 967', which is six feet higher than what was originally proposed. Johnson stated in March it was their understanding that the elevation from top of the first floor to the top of the parapet was 32 feet. Munson stated the plans are not to scale. Johnson stated they do have an interest in determining the elevation of the residence, and at the beginning of the discussions Mr. Wagener told the applicant he would not object if the encroachment remained the • same as what currently exists, which is a one -story dwelling in that location. Mr. Wagener has also told the applicant that he would be willing to remove some of those trees that are adjacent to the lot line. Sansevere inquired whether that is still the intent of Mr. Wagener. Mr. Wagener stated he is willing to remove- approximately 30 feet of some six -foot tall bushes. Sansevere inquired how the proposed home fits in with the character of the neighborhood. Gaffron stated he does not feel the home is out of character with the neighborhood and that the main issue is the impact to the neighbor's view. Sansevere reiterated he would not be in favor of the encroachment. . McMillan stated she does not see the neighbor's trees as constituting a hardship and that she would not be in support of the variance. Murphy inquired which plans are not to scale. Munson stated he does not know which plan Mr. Wagener was using to measure from but that it is his understanding the City allows 32 feet. Gaffron stated the proposed residence is a two -story house and the City allows two and a half stories. Gaffron stated they measure from the existing grade, which is approximately 938' at the far corner, and • PAGE 6 of 10 MINUTES ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. (5. #05 -3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) results in a 29 -foot defined height and meets the City's code. Gaffron stated the applicant's defined height would become less as he goes further back into the hill. White stated the Council would be directing Staff to' draft a resolution either approving or denying the application tonight. Brokl stated action would need to be taken on both Murphy asked if the City Council directs Staff to c need to redesign his plans and start over. Munson stated he has been working with Staff for Murphy stated he is reluctant to approve the house encroaching six feet into the average l of the house changes. Gaffron stated there should be relative minor average lakeshore setback. tonight in order to meet the 60 -day deadline. a denial resolution, whether the applicant would two years on this project. .al use permit since the grading plan is based on the setback and the grading may change if the location in the grading if the house is relocated out of the . Brokl stated the Council has the discretion of approving a conditional use permit up to a certain amount of . fill. Brokl stated if the applicant is able to meet the requirements of the City, he would not need to appear before the Council again. McMillan moved, Murphy seconded, to direct Staff to draft a resolution reflecting denial of the average lakeshore setback variance and approval of the conditional use permit to allow fill not to exceed 2400 cubic yards, subject to review and approval of the grading and drainage plan by Staff and the City Engineer. Murphy asked Mr. Wagener whether he would like to entertain a discussion with the applicant on that corner of the house encroaching into the average lakeshore setback. Sansevere stated the average lakeshore setback regulation should be respected. Murphy stated he was suggesting the two parties attempt to negotiate the encroachment since they have to reside next to one another but that he would withdraw the question. McMillan stated the parties have had an opportunty to discuss this application in the past. Munson inquired why he was considered for a is the line. Murphy asked when this application first appe Gaffron stated in June of 2005 the application PA when one of the Council members stated the line before the City. appeared before the Planning Commission 7of10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. (5. #05 -3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) McMillan stated in March of 2006, the Council expressed some concerns with the encroachment, which is why there is now a question by the Council on why the applicant is currently proposing a six -foot encroachment. Gaffron stated if the retaining wall is located partially on Mr. Wagener's property and the applicant needs to do some grading on the neighbor's property, it would be necessary for Mr. Wagener to agree to the work on his property. Mr. Wagener requested the applicant stake the area of the fill and the elevation. Wagener stated the wall was done at the request of the City at the time he constructed a garage addition. Wagener inquired whether some additional screening would also be added. Munson stated he is very interested in adding some screening. McMillan inquired whether a requirement for screening should be included in the resolution. Gaffron stated language could be incorporated in the resolution regarding the grading and fill as well as a requirement for additional landscaping. McMillan requested that the landscaping be worked out between the neighbors and not included in the resolution. McMillan moved, Murphy seconded, to amend the motion to include language in the resolution regarding the placement of the fill to be a minimum of one foot below the height of the retaining wall, with some fill being placed within five feet of the lot line and possibly extending onto the adjoining property, subject to the approval of Mr. Wagener. VOTE: Ayes 4, Nays 0. *6. #06 -3233 ST. EDWARDS CHURCH, 865 FERNDAL•E ROAD NORTH — CONDITIONAL USE PERMIT — VARIANCE — RESOLUTION NO. 5543 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5543, a Resolution granting a variance for St. Edwards Church, 865 Ferndale Road North. VOTE: Ayes 4, Nays 0. *7. #06 -3238 VOGUE ICF HOMES, 2709 WALTERS PORT LANE — VARIANCES — RESOLUTION NO. 5544 A Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5544, a Resolution granting variances for the property located at 2709 Walters Port Lane. VOTE: Ayes 4, Nays 0. *8. #06 -3244 ReCREATIONS, INC., 3925 CHERRY AVENUE — VARIANCE — RESOLUTION NO. 5545 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5545, a'Resolution granting a lot area variance for the property located at 3925 Cherry Avenue. VOTE: Ayes 4, Nays 0. PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. • MAYOR/COUNCIL REPORT Sansevere thanked Council Member Murphy and Island Improvement Project. Murphy stated the Sheriff's Water Patrol were al: McMillan recommended recognizing the voluntei submitting an article to the newspaper. CITY ENGINEER'S REPORT None CITY ADMINSTRATOR'S REPORT *9. , APPOINTMENT OF PETER Murphy moved, Sansevere seconded, to approve position of accountant, effective December 18, 2 of the accountant pay range. VOTE: Ayes 4, N CITY ATTORNEY'S REPORT ' None 10. LICENSES ANNUAL LIQUOR LICENSES Club On Sale and Sunday Liquor 1. Wayzata Country Club 200 Wayzata Boulevard 2. Woodhill Country Club 200 Woodhill Road Off Sale Liquor 3. Navarre Liquors, Inc. 3421 Shoreline Drive On Sale 3.2 Percent Malt Liquor 4. Lakeview Golf of Orono, Inc. 405 North Arm Drive 5. Orono Golf Course 265 Orono Orchard Road South other volunteers for their contributions to the Big instrumental in this project. s of this project on the City's website as well as TO THE ACCOUNTANT POSITION the appointment of Peter Zimmerman to the 06, at a starting salary of $49,517, which is step 1 ys 0. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o'clock p.m. (10. LICENSES, Continued) Off Sale 3.2 Percent Malt Liquor 6. O' Sullivan's 2420 Shadywood Road Sansevere.moved, Murphy seconded, to approve the above licenses. VOTE: Ayes 3, Nays 0, McMillan Abstained. *11. BILLS Murphy moved, Sdnsevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Sansevere moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:42 p.m. There being no further business to discuss, the meeting was adjourned at 8:42 p.m. ATTEST: • Lin a S. Vee, City Clerk Jim ite, Acting Mayor • PAGE 10 of 10