HomeMy WebLinkAbout06-11-2012 Council MinutesJ 0. MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above - mentioned date with the following members present: Mayor
Lili Tod McMillan, and Council Members Doug Franchot, Aaron Printup, and David Rahn. Representing
Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant
City Administrator of Long -Term Strategic Planning Michael Gaffron, City Engineer/Public Works
Director Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 8, 10, 11, and 12 were added to the Consent Agenda. „_
Printup moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
*2. COUNCIL WORK SESSION OF MAY 29, 2012
• Printup moved, Franchot seconded, to approve the minutes of the Orono City Council Work
Session of May 29, 2012, as submitted. VOTE: Ayes 4; Nays 0.
*3. REGULAR CITY COUNCIL MEETING OF MAY 29, 2012
Printup moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of
May 29, 2012, as submitted. VOTE: Ayes 4, Nays 0.
LMCD REPORT - ANDREW McDERMOTT, REPRESENTATIVE
McDermott reported that milfoil harvesting has started this week on the lower part of Lake Minnetonka.
Harvesting will be undertaken in Old Channel Bay, Lafayette Bay, Big Island Passage, Veterans Bay and
Excelsior Bay.
McDermott noted the current water level on Lake Minnetonka is now at 929.14' and that the dam has
been opened to discharge some of the water.
McMillan stated that she heard from Greg Nybeck that the Tonka project proposal was withdrawn.
McDermott indicated they were going to discuss that item at next Wednesday's meeting.
McMillan stated that she and Gabriel Jabbour will be doing a presentation on Big Island at the upcoming
IS LMCD meeting.
Page 1 of 17
!497
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m. •
(LMCD REPORT, Continued)
Loftus stated the Watershed District has informed her that the weevil study may not be done this summer
due to the milfoil coming in earlier than expected. Loftus indicated it was her understanding the milfoil
in Veteran's Cove was not going to be harvested this year due to the weevil study.
McDermott indicated he is not sure whether Veteran's Bay and Veteran's Cove is the same thing.
Loftus requested Mr. McDermott verify that Veteran's Bay and Veteran's Cover are the same area and
make sure that Veteran's Cove gets harvested this year.
PLANNING COMMISSION COMMENTS - LOREN SCHOENZEIT, REPRESENTATIVE
Schoenzeit stated he had nothing to report but would be available for questions.
.Y
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
*4. #10 -3475 JUDSON M. DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH -
VARIANCE EXTENSION - RESOLUTION NO. 6145
Printup moved, Franchot seconded, to adopt RESOLUTION NO. 6145, a Resolution Approving
Renewal of Average Lakeshore Setback Variances for Lot 1 and Lot 2, Topside. VOTE: Ayes 4,
Nays 0.
5. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE
RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL
Gaffron stated the initial draft ordinance amendment presented to the City Council in May, 2011, was
intended to simplify and clarify the City's existing ordinances that prohibit rental of dock slips on
residential property. At that time, some members of the Council expressed a desire to consider the issue
of residential slip rental more comprehensively than merely a clarification of the existing code language.
Staff was directed to bring the issue back to the Council at a future work session for more discussion.
The dock rental ordinance was placed on the Council's September 12, 2011, work session agenda.
However, due to time constraints, the dock rental ordinance was not discussed at that time.
The item was brought back to the Council on February 27, 2012. At that time the Council voted 3 -1 to
direct Staff to explore two new alternatives for revising the code and begin a new public review process.
The first alternative would be merely a revision of the currently proposed ordinance language, keeping the
current regulations in place but with added language that would not prohibit short-term boat storage such •
as weekend visitors, etc. The second alternative to be considered would be to draft a new ordinance that
would eliminate any future City regulation of dock/slip rental at private residential docks.
Page 2 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
• 7:00 o'clock p.m.
(5. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE
RESIDENTIAL ZONING DISTRICTS. DOCK RENTAL, Continued)
A public hearing was held before the Planning Commission on March 19, 2012, during which public
comment on the topic was received. The hearing and discussion were reopened at the April 16 Planning
Commission meeting, tabled again, and reopened at the May 21 meeting. Through the various hearings, a
common theme expressed multiple times by multiple persons was, "we do not want rental of residential
docks, but we want to allow relatives, neighbors, and friends to be able to store a boat at our dock for
some short or long period of time without them being in violation of the ordinances." At the May 21
meeting, City Attorney Soren Mattick presented draft language for discussion purposes. The draft
language included the originally proposed language from May, 2011, that prohibits slip rental, plus three
"exceptions" that would be allowed.
1. Relatives of the homeowners shall be allowed to dock a boat on the private dock;
2. Property owners located within 1,000 feet of the private dock may dock a boat at the,pzivate
dock;
3. Any boat may be docked on a private dock for a period not to exceed 72 consecutive hours..
The City Attorney made it clear that the exceptions as drafted are not his recommended solution, and he
led the Planning Commission through a discussion about the potential pitfalls, interpretation issues, and
• enforcement difficulties associated with each exception.
Gaffron stated at the end of the discussion, the Planning Commission voted 5 -0 to recommend adoption
of the original draft "rental prohibition" clarification language and adoption of just the third exception.
That recommendation would add language to the existing "private dock" provisions within the Accessory
Uses section of each of the Lakeshore Residential Zoning Districts, as follows:
Private docks, subject to this code and other applicable regulations, including boat storage density
requirements. The accessory use of a private dock shall not include renting or otherwise
providing space, including boat buoys, for docking, mooring, or storing one or more boats
belonging to persons other than the owner or occupant of the property, except when licensed
as a joint use. However, any boat may be docked on a private dock for a period not to exceed
72 consecutive hours.
Gaffron stated this item is before the City Council tonight for discussion and that he would not
recommend adopting the language that is before them.
Rahn noted this application has been before the Planning Commission three times and three times for the
City Council and that perhaps it has been discussed enough. Rahn commented it would be difficult to
enforce residential dock rentals and that in his view creating a separate set of rules is not the path he
would like to go down. The one common denominator in all the discussions is that the City does not want
homeowners to have the ability to rent private residential docks.
Rahn moved to amend Staffs report at Item No. 1 to state: "Private docks, subject to this code and
• other applicable regulations, including boat storage density requirements," and to amend the
second sentence to read: "The accessory use of a private dock shall not include renting space..."
Page 3 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m. •
(5. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE
RESIDENTL4L ZONING DISTRICTS. DOCK RENTAL, Continued)
McMillan indicated she is in agreement with Council Member Rahn and that the City should attempt to
keep the regulations simple but make it clear that dock rentals are not allowed in residential districts.
McMillan noted there are LMCD regulations that govern ownership of private residential docks and that
it is unclear what more the City can do without imposing excessive regulations on the homeowners.
Rahn commented the City will need to deal with issues as they arise as they have done in the past.
McMillan stated the bottom line is that the City does not want commercial activity in residential areas.
Rahn stated in his view his proposed language would cover all of those issues that the City has
experienced in the past.
Mattick stated the reason the "otherwise provide space" language was included is when the City attempts
to enforce the ordinance, they may not be able to demonstrate a rental agreement exists and that this
language would encompass that situation. Mattick noted the City has to be ready to accept allowing a
family member to use another family member's dock without a rental agreement.
Franchot asked if it was the intention of Council Member Rahn to omit buoys from his motion.
Rahn indicated that was his intention and that he has a hard time accepting the fact that the City would •
consider a buoy an accessory structure.
Mattick stated to his understanding the City has not enforced that in the past.
Rahn stated if that becomes an issue in the future, that can be addressed at that time. Rahn noted that
complaints are now being documented and that the City can monitor that situation. Rahn commented the
City has wrestled with this issue for a number of months and that it comes down to the ability of the City
to enforce it.
Printup seconded the motion.
McMillan commented the new language will help enforce the fact that the City does not want commercial
activity in residential neighborhoods.
Rahn noted if the City gets too specific, they will be expected to act on every situation and that will result
in added costs.
Gaffron stated the City did have one buoy situation where the homeowner did not have a dock. In that
case the buoy was considered an accessory to that property. Gaffron commented the new language will
make it more difficult to prove that someone is renting and that people will be inclined to deny there is a
rental agreement. Gaffron indicated he is comfortable with the language if the City Council is fine with
it.
VOTE: Ayes 3, Nays 1, Franchot Opposed. •
Page 4 of 17
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(5. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE
RESIDENTIAL ZONING DISTRICTS. DOCKRENTAL, Continued)
Mattick indicated Staff will bring the final language back to the City Council for adoption at their next
meeting.
6. #12 -3547 JOHN AND PHOEBE STAVIG, 790 BROWN ROAD NORTH — VARIANCES
John Stavig, Applicant, was present.
Gaffron noted this is a vacant lot located on a private road off of Brown Road. Gaffron noted there is also
a bluff on the lot. The applicants are requesting the following variances in order to construct a residence
on this vacant lot: average lakeshore setback variance, rear (street) setback variance to allow setback of
30' where 50' is required; variance to allow construction 15 feet from the top of bluff where a 30 -foot
setback is required; and a variance to locate the home five feet into the defined 20 -foot bluff impact zone.
The Planning Commission has reviewed this application twice. Following the first meeting, the applicant,;
submitted additional engineering on slope stability. Staff has also looked at other options for a building
site outside of the bluff impact zone. Without any variances, it would be very difficult to construct a
house on this lot. Based on that review, Staff would recommend that a 25 -foot setback be allowed rather
than a 30 -foot setback and allow the house to be located 25 feet from the side lot line. The applicant has
indicated he is not interested in locating the house closer to the street and closer to the neighboring
property. Staff also recommended that the applicant be allowed some grading work within the bluff to
• allow for a walkout. The applicant has also asked for a tuck under garage.
The Planning Commission at its May..21 meeting voted 5 to 0 to recommend a combination of approvals
and denials as follows:
Approval of an average lakeshore setback variance;
Denial of the bluff setback variance;
Denial of the variance to encroach into the bluff impact zone with structure;
4. Allowance for limited grading within the bluff impact zone to allow for a walkout door;
Approval of a street setback variance to allow the home /structure up to 25 feet from the rear
(street) property line, five feet closer than requested by applicant;
Approval of left and right side setbacks of 25 feet where 30 feet is normally required to allow for
a house /garage footprint of approximately 2,150 square feet. The applicant did not request these
variances.
Gaffron stated the recommendations of the Planning Commission offer the applicant additional
unrequested relief to the property line setbacks while denying the structural bluff impacts. The applicant
has not indicated acceptance of these conditions. Gaffron noted that in addition, the potential for granting
• side setback variances was not specifically included in the legal notices for either hearing, and as a result,
the adjoining neighbor to the immediate west who is potentially affected may not be aware of the 25 -foot
setback recommendation.
Page 5 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued)
Gaffron noted Staff, conducted another bluff analysis following a phone call from a builder who had been
called by a realtor who asked whether they could construct a house further back in the bluff. Gaffron
indicated the house would still be in the bluff impact zone in that scenario.
Rahn asked if the house is located five feet closer to the street, whether it would meet the bluff
regulations.
Gaffron indicated you would be able to fit a house in that location without being in the bluff and that it
comes down to the size of the house.
John Stavig, Applicant, stated they have attended two Planning Commission meetings and have submitted
additional engineering information on slope stability. One issue at the March Planning Commission
meeting was whether it fits the definition of bluff, and in their opinion it slightly exceeds the 30 percent
threshold at certain points in the bluff area. As-a result, they have tried to move beyond arguing over the
definition of the bluff.
•
Stavig stated soil erosion issues were also discussed at the March meeting and the application was tabled
to allow additional engineering to be conducted. Stavig indicated he hired an engineering firm to conduct
soil testing on the driveway bed, which was constructed approximately 100 years ago. Essentially the
findings of the engineer were that the driveway bed showed no signs of erosion and would support the •
construction of a house in that area. In addition, the engineering firm found that the proposed location of
a walkout structure on the survey is well suited to minimize required grading and take advantage of the
steady and gradual slope of the bluff line. The rear wall of the foundation would be located just above the
stable shelf created by the construction of the driveway bed more than a century ago.
Stavig indicated they have attempted to create a low profile walkout house that would fit within the
neighborhood as well as minimize the impact on the trees and the slope. The City Engineer has
confirmed that this is the best location for the house. Stavig commented that anyone who has visited the
site would appreciate the heavily wooded areas and the stability the trees afford. The engineering report
also identified construction techniques that could be employed to minimize the impact to the site.
Stavig noted the City Engineer has looked at the report and has indicated that the proposed location of the
walkout structure is located to minimize grading and potential erosion, which the bluff setback
regulations are designed to address. Positioning the structure immediately above the existing driveway
bed provides the most stable location with regard to the downhill slope.
Stavig stated a lot of the discussion at the second Planning Commission meeting centered around the fact
that the DNR has recommended no construction in the bluff impact zone. Stavig indicated he did not
contact Mr. Gleason of the DNR before that meeting but that he has since discussed this issue with him.
Mr. Gleason indicated he recalled having commented on the property and said he sympathized with the }
situation but that they are a regulatory body and not trained in geotechnical engineering and steep slope
stabilization: It therefore would be inappropriate to attempt to provide solutions and that he would
recommend that a professional engineer be consulted. Stavig commented he feels as if he is in a bit of a
loop. Stavig stated the point is that the DNR did not really consider this specific site and merely used •
boilerplate language. Stavig stated in his view they have employed a thoughtful approach to the
construction and it should be allowed.
Page 6 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued)
Stavig stated he appreciates the time that the City has taken on this application and that they have
attempted to minimize the number of variances being requested. Stavig indicated he did not receive the
e -mail with the City's recommendations until after the Planning Commission meeting and that he did not
have a chance to discuss Staff s recommendation with his neighbors. Stavig indicated the proposal to
push the house closer to the street and to the tennis court is not something that his neighbors would like
and not something that he proposed. The Planning Commission elected to vote for Staff s proposal,
which also creates additional hardcover.
Stavig stated he is attempting to find a solution and that he is proposing to put the house in the most
responsible place and where the engineers have recommended. There is approximately 1,500 square feet
to construct a house in the location proposed by Staff and it will be considerably smaller than the other
houses in the neighborhood. If the house is located closer to the street, it will be more visible to the rest of
the neighborhood and block the lake views.
Rahn asked what the bluff setback is for Long Lake.
Gaffron stated the model ordinance that the DNR adopted approximately 20 years ago is one that they
expect all cities to comply with and. that it is likely Long Lake's regulations are the same as Orono's,
which is consistent with the DNR regulations.
• Stavig indicated they would be willing to eliminate the driveway to the storage shed and that they would
also be open to considering limiting the height of the house.
McMillan noted she visited the site yesterday and that it is a difficult lot. She added the lot would not
have much of a building envelope without variances.
McMillan asked how the City typically handles requests for variances when there are no plans to build a
specific house.
Gaffron stated variances have been granted in the past for a conceptual house so the owners knew they
could market the lot as buildable. In the case where there is a proposed footprint, Gaffron indicated he
would not be surprised that the actual plans would have a different footprint. Gaffron stated basically the
applicant is attempting to establish a location for the house and the size of the house.
McMillan commented it is fair to the applicant that he knows what he can build on the lot so he can
market it appropriately. McMillan noted there will have to be some variances granted and that it is a
matter of how many and what type of variances would be approved.
Gaffron stated the Consulting City Engineer has stated in his letter that traditionally the City has not
considered information such as a slope stability analysis that has been provided by applicants when
reviewing proposed encroachments into slope setbacks as defined by the City Code. This is because even
with the technical information that has been provided, slope stability still cannot be guaranteed. It is his
understanding that the City has past examples where extreme weather has led to slope instability on other
lots that were originally believed to be stable. This is one of the reasons that the City has adopted the
slope setbacks. Gaffron stated in essence the Consulting City Engineer is saying that there is risk
• involved but that he did say the proposed location is acceptable. Staff would prefer variances to the bluff
not be granted.
Page 7 of 17
MINUTES OF THE
j ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued)
McMillan noted this lot was subdivided in 1969 and probably would not have been able to be created
after 1992.
Gaffron noted this property is located in the MUSA and that there is a sewer connection available to the
property.
Stavig stated he is not attempting to represent that the slope will never fail but that the driveway bed was
constructed over 100 years ago and has not eroded.
McMillan commented that anytime you start removing more of the soil, stability will be impacted.
Gaffron stated Staff has not done any analysis to determine whether the lower level will be considered a
basement or a story.
McMillan opened the public hearing at 7:49 p.m.
Meg Pendleton, 800 Brown Road North, noted she attended the March Planning Commission meeting
and had the understanding that Mr. Stavig needed to obtain some additional engineering, which she was
fine with. Mr. Stavig had discussed his application with the neighbors prior to approaching the City and
the neighbors are comfortable with his research and proposal. Pendleton stated in her view he respects •
the neighborhood.
Pendleton indicated she still has respect for Mr. Stavig's opinion and that she thought the engineering
report would be enough for the City to pass his application. Pendleton indicated she would not like the
house to be moved closer to the cul -de -sac since it will be likely the house will be higher and that she
would prefer the house be located further back. Pendleton stated if she is looking out over the lake, the
closer the house is to the cul -de -sac, the higher the house is, and that she would prefer the location
proposed by the applicant.
McMillan closed the public hearing at 7:52 p.m.
Rahn commented it is difficult to approve an application without elevations since that would give the
Council a better perspective on how the structure would impact the neighbors. Rahn stated encroachment
into the bluff is a major issue and it is not something that the City normally does.
Gaffron stated the City does not typically grant variances to the bluff. Gaffron noted the minutes of the
Planning Commission reflect that they were not unanimous in their recommendation that additional
engineering would persuade them to approve the application. .
McMillan asked if there are two variances to the bluff being requested.
Gaffron indicated the applicants are requesting a bluff setback variance and a variance to encroach into
the bluff impact zone with structure. The bluff impact zone is the first 20 feet back from the bluff and the
applicant is proposing to be five feet into that zone. One of the impacts of the proposal is that a number
of trees would need to be removed on the uphill side of the old driveway. 0
McMillan noted those trees would be removed with either proposal.
Page 8 of 17
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued)
Gaffron stated some grading would be required for a walkout and that he is unsure whether all the grading
that is shown on his sketch would be required.
McMillan asked if the house is moved five feet out of the bluff impact zone, whether that would be a
good compromise. McMillan noted it would still be 10 feet within the street setback.
Gaffron stated it would still require some work within the bluff impact zone but the structure would be
eliminated from that area.
Franchot commented that would also speak to the slope stability and maintaining the City's setback to the
bluff.
Gaffron stated the bluff impact zone is intended to help ensure stability as well as minimizing visual
impacts. Gaffron stated he is in agreement that the visual impacts of a,house as viewed from the lake are
fairly minimal given the trees.
Franchot commented in his view the Mayor's proposal would be a good compromise.
Stavig stated he appreciates that proposal, but unfortunately, given the pie- shaped lot, he would lose 15
• percent of the house and 21 percent of the garage.
Franchot stated if they presume the City Council approves the other variances, those would help him
avoid constructing a multi -story house.
Stavig stated the engineering report specifically commented on attempts to relocate the house further
forward and noted that given the unique contour created by the construction of the driveway bed,
positioning the structure further away from the bluff zone may actually create a greater potential for
erosion above the driveway bed. Stavig stated it would create more of a concern locating it there than at
the proposed location.
Stavig stated he would also like to highlight the fact that there is another application on tonight's agenda
requesting a variance to the bluff. Stavig stated Planner Gaffron's proposal requires six variances, which
is more than what he is requesting.
McMillan stated she would be in favor of one side setback variance on the side of the applicant's other lot
and that the garage could also be pulled forward closer to the road, which would lessen the impact on the
bluff.
Printup stated he has struggled with the recommendation from the engineering report and then
discounting it. Printup stated he understands the concerns with impacting the bluff and that in his view
bringing it forward five feet is good. Printup commented he has a concern with the City Council
designing a building pad for the applicant.
• Rahn stated the City Council is discussing a plan that the applicant is not interested in and the neighbors
are not interested in the plan. Rahn stated the City Council has provided the applicant with some
feedback, and that in his view the Council cannot make a decision based on what is before them tonight.
Rahn stated it is not fair to a neighbor to approve a building pad within the side setback when the property
Page 9 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m. •
(6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued)
currently is a vacant lot. Rahn indicated he would like to see a more concrete plan and that the proposal is
being driven by the square footage of the house.
Stavig indicated 1,600 feet is the upper level of the house and that it is at least 50 percent smaller than any
other house in the neighborhood.
Franchot stated he understands the concerns expressed and that in his view the City Council is not
designing a house but merely providing some direction on the best place to locate a house.
McMillan stated the applicant is requesting the City approve a building envelope for them so they can
market the property.
Franchot asked if the goal is to market the lot.
Stavig indicated not necessarily, but that if anyone is willing to pay him the assessed value of the lot, he
would likely be willing to sell it.
McMillan commented the applicant is attempting to figure out what he would be allowed to construct.
Rahn stated he understands the applicant's reluctance to Staff's proposal and that perhaps the City •
Council should simply vote on the application that has been presented by the applicant.
Stavig stated that is what he is requesting. Stavig stated they have attempted to address the erosion issues
and that his engineer and the City's engineer have agreed the proposed location is the best location for the
residence.
Franchot moved, Printup seconded, Application #12 -3547, John and Phoebe Stavig, 790 Brown
Road North, to direct Staff to draft an approval resolution for the application presented by the
applicant granting an average lakeshore setback variance, a rear street setback variance to allow 30
feet where 50 feet is required, a variance to allow construction 15 feet from the top of the bluff
where 30 feet is required, and a variance to allow a 5 -foot encroachment into the bluff impact zone.
McMillan noted if the City does go down this path, she would recommend including some language in
the resolution regarding the amount of grading that would be allowed.
Rahn asked when the Council spoke of excavating for the walkout level, whether that was part of the
applicant's engineer's report.
Stavig stated there are specifics contained in his engineer's report about the grading and incorporating
rain gardens and other methods to handle runoff.
McMillan asked whether there would be language preserving the trees also included in the resolution
Gaffron stated other than what is being proposed to be removed, the rest of the bluff would be preserved.
McMillan asked if there is anything else Staff would like to see included in the resolution.
Page 10 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued)
Gaffron stated he would like to consult with the City's engineers on whether any other specific conditions
should be complied with to be included in the resolution.
Franchot amended his motion to include conditions recommended by Staff to minimize the impact
on the bluff. Printup seconded. VOTE: Ayes 4, Nays 0.
7. #12 -3551 CARL TSENG AND HIM YUEH CHAUN,1505 LONG LAKE BOULEVARD -
VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 6146
Carl Tseng, Applicant; and Tom Budzynski, Builder, were present.
Gaffron stated the applicant is proposing to raze the existing house and replace it with a new structure and
attached garage. The driveway is being relocated slightly to lessen the impact to the trees. They are
requesting the following approvals for construction of a new residence:
Lot area variance to allow construction on a lot of 11,951 square feet where 87,120 square feet is
required;
2. Lot width variance to allow construction on a lot of 99' defined width and 60 feet functional
• width where 200 feet is required;
3. Side setback variance to allow west side setback of 10.0 feet where 30 feet is required;
4. . Side setback variance to allow east side setback of 10.4 feet where 30 feet is required;
Street setback variance to allow street setback of 23.5 feet where 50 feet is required;
6. A lakeshore setback variance to allow lakeshore setback of 49.3 feet where 100 feet is required;
7. Average lakeshore setback variance to allow average setback encroachment of 30 feet where no
encroachment is allowed;
8. 0 -75 foot hardcover variance to allow 14.2 percent hardcover where no hardcover is normally
allowed;
9. 75 -250 foot hardcover variance to allow 35.2 percent hardcover where only 25 percent is
normally allowed;
10. Variance to allow structure within Bluff Impact Zone where no structure is normally allowed;
11. CUP and variance required for 0 -75 foot grading/filling /excavating in excess of 10 cubic yards.
Gaffron noted since there is an existing house, under state statute they would be allowed to rebuild in
• kind. Since approximately half of the existing house is located in the bluff, it would be unrealistic to
rebuild an identical house in this situation, which is the reason for the variance requests.
The Planning Commission voted 5 -0 to recommend approval as follows:
Page 11 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(7. #12 -3551 CARL TSENG AND KIM YUEH CHA UN, 1505 LONG LAKE BOULEVARD,
Continued)
1. Approval of the lot area and width variances;
Approval of 0 -75 and 75 -250 foot hardcover variances;
Approval of the requested side setback variances, subject to implementation of a final grading
and drainage plan acceptable to the City Engineer;
4. Approval of lake setback and street setback variances as proposed;
5. Approval of the average lakeshore setback variance as proposed;
6. Approval of a variance to allow structure within the defined bluff impact zone subject to
implementatiorr'of final grading and drainage plans for the site. Any retaining walls four feet in
height or greater will require submittal of plans designed by a structural engineer;
7. Approval of a CUP and variance for grading/excavation/fill within the 0 -75 foot zone;
•
8. The applicant shall provide for City council approval a proposed tree replacement plan for the
two large oaks being lost. The Planning Commission recommended that a total of four •
replacement trees be shown with a minimum combined diameter of 10 inches of applicant's
property and one 2 -inch minimum diameter tree on the neighboring property. -The applicant shall
take all necessary measures to ensure the survivability of all other mature trees within the 0 -75
foot protected area.
9. ` The applicant is advised of street parking limitations during the construction process.
10. Approval is subject to all recommendations of the City Consulting Engineer in his letter dated
May 17, 2012.
Gaffron noted that the neighborhood residents have had considerable input into this application and would
prefer the existing house be replaced.
Tom Budznski, Builder, stated Staff has covered the majority of the items and that the neighbors have
provided comment on the application, which has been taken into consideration. Budznski stated the large
mature tree in the front will not survive the construction since the roots have grown under the existing
house.
Franchot asked if the draft resolution is acceptable to the applicant.
Budzynski indicated it is.
McMillan opened the public hearing at 8:26 p.m.
Stavig indicated he is in favor of the proposal and that the only concern he has is the loss of trees and that •
he hopes there is a plan for replacement of those trees.
Page 12 of 17
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(7. #12 -3551 CARL TSENG AND KIM YUEH CHA UN, 1505 LONG LAKE BOULEVARD,
Continued)
Gaffron noted the Planning Commission requested the applicant place four trees on this lot and one on the
neighbor's property. Gaffron stated the neighbor would need to be willing to allow additional trees on his
property.
Stavig stated he would appreciate a recommendation by the City Council that the applicant consider
additional trees.
McMillan closed the public hearing at 8:28 p.m.
Rahn noted the City Engineer has indicated that the rain gardens will be privately owned and that they be
inspected and maintained on a regular basis, which is also mentioned in the resolution. Rahn noted as
part of the City's MS4 status, they are required to be inspected and maintained on a regular basis, and
asked if the homeowner would be conducting the inspections. �.
Gaffron stated Staff has identified approximately 75 stormwater ponds throughout the City and that those
are generally larger ponds with more regional impact. As the years went by, it has become apparent that
there needed to be some type of inspection and maintenance obligation established for those ponds. In
recent years the City and the Watershed District have had an expectation that the property owners inspect
• stormwater ponds, with the City doing the required maintenance. Given the large number of stormwater
ponds, there is a need to deal with issues relating to inspection and maintenance.
Gaffron noted on this property there is a swale proposed at the bottom and the neighbor was concerned
that it would spill over to the southeast or northwest. Gaffron indicated the swale can be designed to
divert the runoff away from the adjoining property but that there will be some need for maintenance in the
future of the stormwater pond. Gaffron stated that language regarding stormwater pond maintenance
should be written into the resolution.
Rahn noted the resolution does state that the owner is to ensure that they are maintained to City standards.
Rahn asked if Staff will be providing the property owner with those standards.
Gaffron indicated the city will be providing stormwater pond standards.
Rahn stated as it relates to Item No. 5 and Item No. 3 and revegetation and stabilization, the word timely
is included. Rahn commented that people's idea of timely might vary and that he would recommend
eliminating the word timely from those items and replacing it with the engineer's recommendations.
Gaffron stated that can be done, but that it is likely to be months before they will be in a position to do
final grading and seeding and/or sodding. Gaffron stated they will need to have erosion controls in place
virtually the entire time of construction.
Struve stated the seven days from grading completion is pretty standard language. The erosion control
measures need to be in place until the area is vegetated and will be in place for at least a month after
• construction until the vegetation takes hold.
Rahn stated in his view the City Engineer's recommendations 2 through 5 should be listed in every
resolution.
Page 13 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(7. #12 -3551 CARL TSENG AND KIM YUEH CHA UN, 1505 LONG LAKE BOULEVARD,
Continued)
Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6146, a Resolution Granting
Variances to Municipal Zoning Code Sections 78 -330, 78 -1279, 78 -1286, and 78 -1288, and a
Conditional Use Permit per Section 78 -1286, for the property located at 1505 Long Lake
Boulevard, subject to the recommendations of Staff and the City Engineer. VOTE: Ayes 4, Nays 0.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
*8. 4055 ELM STREET REQUEST FOR DITCH STABILIZATION
Printup moved, Franchot seconded, to authorize Staff to evaluate potential corrective measures and
funding sources to stabilize the ditch at 4055 Elm Street. VOTE: Ayes 4, Nays 0.
9. MUSA ADDITION REQUEST - 20 ORONO ORCHARD ROAD
Struve stated in February of 2012, a resident at 20 Orono Orchard Road made a formal request to connect
the properties addressed 20 and 30 Orono Orchard Road to the City sanitary sewer system. The resident
has later changed his request to only connect 20 Orono Orchard Road.
This property does not meet the following MCES exceptions so the property will not be counted against •
Orono's density calculations: The property was developed prior to 1985, there is a failing septic system
and there are no alternative septic locations on the site.
Staff has contacted MCES staff and has been informed this property can be added to the MUSA through a
minor plan amendment to Orono's 2008 -2030 Comprehensive Plan. As part of the Comprehensive Plan
Amendment process, a 60 -day comment period is required. MCES will waive this comment period for a
minor plan amendment for properties which are not contiguous to other jurisdictions. The City can also
waive the 60 -day comment period since the property is less than 40 acres, does not change growth
forecasts, and is outside of the City's notification policy. Staff is recommending that the City Council
waive the 60 -day comment period to allow the applicant to begin the work in the near future.
If the Council approves the request to add this property to the MUSA, all construction costs associated
with installing the pipe will be the responsibility of the property owner. The property owner has
requested this cost be special assessed against the property. There will also be a standard $700 fee
charged to the applicant for the minor comprehensive plan amendment.
McMillan asked if the 60 -day rule is waived, whether Staff will have enough time to prepare the minor
comprehensive plan amendment and other work that would need to be done.
Struve stated in his opinion they should be able to complete all the necessary work.
Rahn noted this is a different process that the City is going through versus the Leaf Street situation and
asked how the situations differ. •
Gaffron noted this request came to the City prior to the Leaf Street request. The initial response in both
cases was to see what the Metropolitan Council felt about adding the property to the MUSA and whether
Page 14 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
(9. MUSA ADDITIONREQUEST - 20 ORONO ORCHARD ROAD, Continued)
it would be counted against the City's density requirements. Gaffron indicated the Metropolitan Council
did not get back to the City until a few weeks ago on the Orono Orchard Road property. The property on
Leaf Street did not meet any of the criteria established for the density requirements and was a new house
that was under construction. In that situation, the Metropolitan Council quickly contacted the Leaf Street
property owner and told her that it would likely be an issue for the City since it would be counted against
the City's density requirement. The City Council discussed the Leaf Street property at a work session and
decided not to bring sewer to that property.
Gaffron stated in this particular situation, it is a small property with an existing house and garage, has a
system that is essentially being used as a holding tank, and does not have an alternative site. The house
was constructed sometime in the 1950s.
Gaffron stated they will still need to go before the Planning Commission and hold a public hearing. Staff
can publish notice in time for the July Planning Commission meeting and have it back to the City Council
either the end of July or early August.
Printup asked if the $700 application fee will cover all of Staff's costs.
Gaffron stated it is his understanding that whatever costs the City incurs related to the design work and
installation will get rolled into the assessment against the property owner.
James Murphy, 30 Orono Orchard Road, stated Mike Gaffron was correct that this request was submitted
nine months ago. If this project can be done at the same time as the reconstruction of Orono Orchard
Road, it would save a substantial amount of money. Murphy noted the work on Orono Orchard Road is
only half of the work and that the other half requires putting in a grinder and attaching it to the existing
plumbing and the stub that will be installed. Murphy commented this project will be expensive no matter
what but that he would appreciate it if he could do some of the work at the same time Orono Orchard
Road is being reconstructed.
Franchot moved, Rahn seconded, to add 20 Orono Orchard Road to the MUSA and to direct Staff
to prepare a minor comprehensive plan amendment, waive the 60 -day comment period to this
amendment, design the sanitary sewer service, establish a cost estimate, present this cost to the
property owner for final acceptance, and move forward with the special assessment procedures if
the property owner agrees to the cost. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
McMillan noted she has received a number of questions regarding the work to be done on Brown Road.
McMillan asked whether there will be an overlay on the road.`
Struve stated Hennepin County's tentative plan is to do the culvert replacement and then towards the end
of July they will perform the paving operations.
• McMillan stated a number of people thought it was a patching project.
Page 15 of 17
MINUTES OF THE
ORONO CITY COUNCIL, MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT
Franchot stated he was surprised at the minimal amount of milling that is occurring on Brown Road and
asked if the roadbed is in good enough condition for new pavement.
Struve stated it is an overlay project and not a mill and overlay project and that they are just conducting
milling where necessary.
McMillan reported The Trails of Orono had their grand opening last Thursday and that Creative Kids
Academy will be having their open house this Saturday.
McMillan noted Senator Franken was invited out on Lake Minnetonka along with the DNR to look at the
aquatic invasive species. The DNR and the Watershed District spoke to Senator Franken about what their
plans are for the lake and possibly obtaining some research money.
CITY ADMINISTRATOR'S REPORT
•
Loftus noted she was contacted by Spring Park regarding two of their streetlight posts falling due to their
deteriorated condition. Spring Park wanted to let Orono know that they will be removing seven of the
light posts due to rust problems and then conducting an analysis of the other lights along County Road 15.
Loftus indicated Spring Park's city administrator asked whether Orono would be interested in having one •
of their lights analyzed at the same time to see if they are in the same type of condition. Loftus stated
Orono's Public Works Department could also inspect the light posts for rust and other issues.
Loftus stated Spring Park would like to know whether Orono would be interested in partnering with them
in applying for a grant and/or having Orono's streetlights bid in conjunction with their replacement
project. Loftus stated it will be likely this item will be discussed in more depth at a future Council
meeting.
Franchot stated at this point it sounds like Spring Park is just in the process of assessing the situation.
McMillan requested the City Administrator check on the status of the banners, how many have been sold,
and when they will be installed.
*10. CSAH 112 TURNBACK COMMITTEE
Printup moved, Franchot seconded, to appoint Juan Cristiani, Gary Wilson, Richard Wysocki,
Stuart Ackman, Cheryl Klinkhammer, Justin McCoy, Jeanne Mabutsh, and Kevin/Michelle
Krolczyk to the Project Advisory Committee (PAC) for the CSAH 112 Turnback Committee.
VOTE: Ayes 4, Nays 0.
Page 16 of 17
•
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 11, 2012
7:00 o'clock p.m.
CITY ATTORNEY'S REPORT
*11. HAZARDOUS BUILDING ACTION AT 325 CRESTVIEW AVENUE -RESOLUTION
NO. 6147
Printup moved, Franchot seconded, to adopt RESOLUTION NO. 6147, a Resolution Ordering
Abatement of Hazardous Building. VOTE: Ayes 4, Nays 0.
*12. LICENSES,& PERMITS
Allied Waste Services
9813 Flying Cloud Drive
Eden Prairie, MN 55347
2. Blackowiak Disposal, Inc.
1195 Sunnyfield Road North
Mound, MN 55364
3. Veit Container Corp d/b /a Veit Disposal Systems
14000 Veit Place
Rogers, MN 55374
4. Waste Management
490 Industrial Boulevard
Winsted, MN 55395
Printup moved, Franchot seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0.
*13. BILLS
Printup moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
ADJOURNMENT
Franchot moved, Printup seconded, to adjourn the Orono City Council meeting at 8:57 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST:
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Page 17 of 17