HomeMy WebLinkAbout06-09-2003 Council MinutesORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• ROLL
The Council met on the above - mentioned date with the following members present: Mayor
Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jay Nygard and Jim
White. Representing staff were City Administrator Ron Moorse, Planning Director Mike
Gaffron, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director
Greg Gappa, and Recorder Alissa Winternheimer.
Mayor Peterson called the meeting to order at 7:00 p.m.
1. Council Member Interference with the Duties and Supervisory Capacity of the City
Administrator
Mayor Peterson stated that Orono City Code states that no Council Member shall interfere
with staff s ability to perform duties. She read into record Section 2 -101, General
Supervisory Capacity of the City Administrator, which states: No member of the council
shall in any manner interfere with or prevent the city administrator from exercising the
administrator's own judgment in the administration of the city. Except for the purpose of
inquiry, no member of the council shall deal with or exercise control over the administration
of the city; and no member shall give orders to any department head or employee of the city,
• either publicly or privately, except through a majority vote of the council.
Mayor Peterson stated that an incident occurred on May 2, 2003 in which Council Member
Nygard had interfered with the City Administrator's duties. Council had tried to deal with
the matter in a work session, but Council Member Nygard had failed to attend meetings or
otherwise address the matter. She stated that they hoped to provide Council Member Nygard
with the facts of the matter and to allow him to address the matter and to resolve it at the
meeting. She apologized for bringing it to a Council meeting.
Before she was able to finish, Nygard interrupted her and refused to let her continue. Mayor
Peterson asked. him to follow due process and allow her to finish, but he would not. Nygard
insisted on reading a statement he had prepared, speaking over Mayor Peterson until his
statement was finished.
"I apologize to the people of Orono that I was not able and will not be able to accomplish
what they told me were their important issues for Orono now and in the future. I did not join
this Council to make enemies or have conflicts with my peers, but to enjoy the learning
experience presented me and to contribute my various backgrounds and available time to and
for the area in which I grew up. I now know how difficult that is to achieve in this City. The
largest disappointment I have experienced after two and a half years in our small community
is to learn that politics is all about politics and not about improving our community for all. I
hereby resign my position as City Council Member to the City of Orono. Thank you."
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
1. Council Member Interference with the Duties and Supervisory Capacity of the City
Administrator — Continued
Nygard then stood and took the nameplate from his seat on council, refusing to further
communicate with Council. Mayor Peterson stated that the nameplate was City property.
He responded by suggesting they prosecute him as he exited council chambers.
Mayor Peterson apologized for Nygard's behavior and read the staff memos from Ron
Moorse, Denise Leskinen, and Lin Vee concerning the incident into record. Note: The staff
memos are attached to the minutes after the signature page.
Mayor Peterson asked Attorney Barrett if Council should take action on the matter without
Nygard present. He stated that Council had heard his statement, although out of order, and it
was therefore appropriate to act on the matter.
Sansevere stated that he was disappointed by Nygard's statement that politics are politics in
Orono. The matter at hand did not concern politics, but his failure to take accountability for
his actions. He was also disappointed in his decision to resign.
Murphy stated he was also disappointed. He stated he could not imagine the Council putting
their personal interests over the City's. He stated that the recent work session was about Big
Island, and that Gabriel Jabbour was in attendance to address that matter. Nygard had left •
the meeting early, but had he stayed, he would have known that Moorse was going to be in
an important meeting the following day and unavailable. Murphy stated that staff work hard
and Council has a good relationship with them. He did not want for the incident to affect the
staff - Council relationship.
Sansevere stated that Council had meant to deal with the matter at a work session, but
Nygard had failed to attend the meeting based on the agenda presented. As a result, they
were forced to address the matter at the Council meeting.
White stated that he took exception to Nygard's statement that politics are politics in Orono.
He stated that Nygard took interest in very few items from the beginning of his term and had
failed to attend several work sessions. White stated that none of the Council Members were
politicians per se, but people who were trying to do their best for their community.
Mayor Peterson stated that she concurred with Council, and also disagreed with Nygard's
statement regarding politics as usual. She stated she was surprised Nygard had resigned.
She was disappointed it took so long to resolve the matter and that they were forced to do it
at a regular Council meeting rather than in a work session.
Sansevere stated that the situation came to the Council meeting because Nygard had refused
to deal with a City matter in the appropriate manner.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• 1. Council Member Interference with the Duties and Supervisory Capacity of the City
Administrator — Continued
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White moved, and Murphy seconded, to accept Jay Nygard's resignation from his
position as Orono City Council Member.
Vote: Ayes 4, Nays 0.
CONSENT AGENDA
2. Approve /Amend
Items 14, 15, 16, 17, 18, 19, 20, 21 and 21 a were added to the Consent Agenda.
Murphy moved, and White seconded, to approve the consent agenda as amended.
Vote: Ayes 4, Nays 0.
APPROVAL OF MINUTES
*3. Minutes of the Regular Council Meeting of May 27, 2003
Murphy moved, and White seconded, to approve the Minutes of the Regular Council
Meeting of May 27, 2003.
Vote: Ayes 4, Nays 0.
PARK COMMISSION COMMENTS — ANDREW MCDERMOTT,
REPRESENTATIVE
McDermott stated that they were planning their park tour for the September meeting.
They hoped to hold an extensive, walking tour of the Lurton property.
He, White, and Gappa had attended a West Hennepin trail system meeting. There was
good discussion, and they were able to advise the other city representatives of steps Orono
had already worked through. There was a push for a County Road 19 trail that would start
in St. Michael and go through Loretto, Medina, Maple Plain, and could possibly link to
the Dakota Rail and run west. The cities plan to get together in the fall to apply for grants.
Mayor Peterson stated that Paul Pesek and Rick Rice would be welcomed to the Parks
Commission as new members. She thanked McDermott for everything the Parks
Commission does.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
PLANNING COMMISSION COMMENTS —DAVID RAHN, REPRESENTATIVE 0
None.
PUBLIC COMMENTS
Peter Hill of 585 Brown Road South stated that he was concerned about the Fox Street
bridge being replaced without modification. It was being removed to fix a gas line leak.
The bridge is narrow, and is a popular fishing spot for kids. Also, there is not enough
clearance for a canoe to pass underneath it. He also did not feel it was adequate to hold
large trucks. He had photos to show Council.
Gappa stated that the bridge width typically matches the road width. They could consider
if they want people fishing off the bridge, since that was a concern.
Hill stated that the bridge had many layers of asphalt over the top, accumulated over years
of resurfacing. Also, new I -beams would not be as big as the current beams, so the
clearance matter could be fixed without changing the road level.
Gappa stated that staff would meet with Mn/DOT on June 26"', so Council should discuss
the bridge at the meeting on June 23`d. Road width would have to be determined before •
the Mn/DOT meeting.
4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way Taking
Item 4 appears after Item 6.
ZONING ADMINISTRATOR'S REPORT
*5. #02 -2843 Professional Properties of Orono, 2745 Kelley Parkway—Rezoning-
Ordinance No. 228,2 d Series
Murphy moved, and White seconded, to approve Ordinance No. 228, 2 "d Series,
amending the Municipal Code of Orono and amending the official zoning map by
rezoning properties at 2745 and 2765 Kelley Parkway from RR -1B Single Family
Rural Residential District to B -6 Highway Commercial District and adding Section
10.53 Subdivision 10 regarding planned unit development No. 3.
Vote: Ayes 4, Nays 0.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• 6. #03 -2885 Gerda and Ed Toth, 1280 /1290 Spruce Place— Variances— Resolution
No. 4991
Gaffron stated that the applicant requested the following variances to permit construction
of a new residence on a combined lot property:
1. lot area of 18,553 s.f. (0.43 acres) where 43,560 s.f. (1 acre) is required;
2. a lot width of 99' at the OHWL and the 75' setback from the OHWL where 140' is
required;
3. 111 s.f. (1.47 %) hardcover within the 0 -75' lakeshore setback zone where none is
permitted;
4. 3,303 s.f. (30 %) hardcover within the 75 -250' lakeshore setback zone where 2,753 s.f.
(25 %) is permitted;
5. grading and filling within 75' of the OHWL of Lake Minnetonka where no grading nor
filling is permitted.
The application was tabled at the April 21, 2003 Planning Commission meeting to allow
the applicants to reduce hardcover in the 75 -250' setback zone and structural coverage on
the lot. At the May 19, 2003 meeting, the Planning Commission recommended approval
of the variances for lot area, lot width, hardcover only in the 0 -75' setback zone, and
grading and filling within 75' of the OHWL of Lake Minnetonka, and denial of the
variance for hardcover in the 75 -250 setback zone. The Planning Commission agreed that
• no suitable hardship could be identified to support a variance for excessive hardcover in
the 75 -250' setback zone for new construction.
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Sansevere stated that he agreed with the Planning Commission recommendation and was
only concerned with the request for a hardcover variance in the 75 -250' setback zone.
Peter MacDonald, the Toth's builder, gave a presentation. He stated that the lot adjacent
to the Toth's two combined lots was given a variance in 2000 allowing 46% hardcover,
and asked why that was.
Gaffron stated that he did not participate in that application, but that the lot was 50' wide,
so it was impossible to build a house within the requirements. MacDonald asked if the
50' width of the lot created the hardship. Gaffron stated that it did in that instance, but
that there is an undefined cut off point at which lot width no longer justifies a hardship.
MacDonald stated the Toth's were combining two 50' wide lots in a 1 acre zone. He
stated that the zone was created with a 1 acre ideal size lot in mind, and as the lot size
moves away from 1 acre, the hardship increases. He stated that the Planning Commission
and Council's discretion had been overwhelmed by the rule of 25% hardcover. He stated
that 50' wide parcels are not adequate for water percolation.
MacDonald stated that most of the house the Toth's were removing was in the 0 -75'
setback zone and the overall hardcover was near 45 %. Even with the purchase of the
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
6. #03 -2885 Gerda and Ed Toth, 128011290 Spruce Place — Variances Resolution •
No. 4991 — Continued
adjacent lot, giving them a 100' width, they were far from the 1 acre lot size ideal.
He stated that the Toth's had already compromised greatly on the design of their house to
reduce hardcover, incorporating a tuck -under garage and moving their bedroom from the
main floor to the second. At the April Planning Commission meeting, they were told to
reduce hardcover to 25 -30 %, which they did in good faith, expecting their plan at 30%
hardcover to be approved.
Sansevere stated he still did not feel there was a hardship. MacDonald replied it was in
the lot size. Gaffron stated that a large lot can take a large house, small lot -small house.
Murphy stated that he had attended the May Planning Commission meeting. He
acknowledged that the applicant had been given a guide of 25 -30 %, but he reminded them
that the Planning Commission makes recommendations to the Council, so even if they had
approved the current plan, it would still be left to Council's discretion. He did not feel
Council should arbitrarily remain at 25% hardcover, but that he did not see a hardship in
the Toth's case.
White stated that the City will benefit by the Toth's combining of the lots and removing •
the old house.
MacDonald stated that there are unintended consequences to denying the variance request.
He stated they had moved the house as close to the road as possible, so whenever the
Toth's had company, they would have to park on the street. They will be living closer to
the street with the accompanying noise. In the future, he would have to advise clients not
to combine lots or tear down old houses for new construction because of the treatment
new construction gets.
Gaffron stated that the property could sustain without variances a home located 30' from
the street with a 600 s.f. driveway, 100 s.f. of sidewalk, a 2,050 s.f. building footprint. A
standard 2 car garage is 400 -500 s.f., leaving at least 1,500 s.f. of house on the first floor
with 2,000 above it, and perhaps another level as well. The variance standards in the City
code discuss undue hardship, which means, "The property in question cannot be put to a
reasonable use if used under conditions allowed by the official controls. The plight of the
landowner is due to circumstances unique to his property, not created by the landowner.
The variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute undue hardship if reasonable use for the property
exists under the terms of the chapter. The special conditions applying to the structure or
land in question are peculiar to that property or the immediately adjoining property. The
conditions do not apply generally to other land or structures in the district in which the
land is located. The granting of the application is necessary for the preservation and
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
is 6. #03 -2885 Gerda and Ed Toth, 1280 11290 Spruce Place — Variances — Resolution
No. 4991 — Continued
enjoyment of a substantial property right of the applicant. The granting of the proposed
variance will not in any way impair health, safety, comfort, morals, or any other respect
contrary to the zoning code and will not serve merely as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty." Gaffron stated that
there is no hardship unless Council determines that a 2,050 s.f. footprint is unreasonable.
Ed Toth stated that with a vote of 7 -0, the Planning Commission had asked them to
redesign their house at 25 -30% hardcover, and they did so in good faith. He was surprised
and disappointed that they went back on that.
Mayor Peterson stated that the Planning Commission is an advisory board, and that the
Council tries to be consistent with the 25% hardcover on new construction.
Mabusth stated that she knew they would deny the hardcover variance at the second
meeting because the Toth's hardcover was up to the limit, and new owners always come
back asking for more. She stated that the Commission realized they had been inconsistent
in their first request. Since it was two combined lots and new construction, they
recommended the applicant reduce to 25 %.
• Toth stated that as a homeowner, he resented being told what kind and size home he could
put on his property.
C.
White moved, and Murphy seconded, to adopt Resolution No. 4991 granting
variances to Municipal Zoning Code Section 10.24, Subdivision 5(B); Section 10.22,
Subdivision 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision
16(J)(2) to permit construction of a new residence on property with a lot area of
18,553 s.f. (0.43 acre) where 43,560 s.f. (1 acre) is required; a lot width of 99' at the
OHWL and the 75' setback from the OHWL where 140' is required; 111 s.f. (1.47 %)
hardcover within the 0 -75' lakeshore setback zone where none is permitted; and
grading and filling within 75' of the OHWL of Lake Minnetonka where no grading
nor filling is permitted; and hereby denies a variance to Section 10.22, Subdivision 2;
Section 10.56, Subdivision 16(L)(2) for 3,303 s.f. (30 %) hardcover within the 75 -250'
lakeshore setback zone where only 2,753 s.f. (25 %) is permitted.
Vote: Ayes 4, Nays 0.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
PUBLIC COMMENTS — CONTINUED •
4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way Taking
The Gardella's owned 1230 and 1260 Orono Oaks Drive. Mn/DOT acquired the
properties for the Highway 12 Project. Although the Gardella's sold their properties to
Mn/DOT, they are leasing back the property with their residence on it, while searching for
a new home, on a month -to -month basis.
David Gardella of 1230 Orono Oaks Drive stated that he and his wife had lived in that
house for twenty years. Now they are leasing the property from Mn/DOT and recently
received notice that they must vacate the property by June 30, 2003. They would like to
remain in the home for another 60 -90 days. He requested the Council's support in finding
a workable solution with Mn/DOT. Gardella stated they had made every effort to resolve
the matter without involving the City or the courts.
Out of respect for the Council's time, Gardella stated he would condense 25 months of
interaction with Mn/DOT down to the necessary elements.
May 2001: spoke with Mn/DOT official, and were told that in spite of the confiscation of
about 60% of their property, and the Burlington Northern tracks coming within 50 -75' of
their house with a 20 -25' wall touching one corner of their home, Mn/DOT considered the •
confiscation a partial take.
July 2001: sent a letter to Mn/DOT officials stating his concern and disappointment
regarding the decision.
August 2001: Orono City Administrator Moorse sent a letter to Mn/DOT asking their
property be declared a total take.
They had no contact from Mn/DOT from August 2001 until March 2002, when the same
person who spoke to them in May 2001 came out to speak with them. He reiterated it was
a partial take. He spoke to Murphy and Jabbour who then spoke to Mn/DOT officials and
were successful in convincing them it was a total take.
April 2002: The Gardella's participated in several meetings with Mn/DOT regarding the
take of the property.
April 2002: Receive the first written offer from Mn/DOT. It was 22% below a
conservative appraisal. He had been advised to find an appraiser who would stand up at a
commissioner's meeting or in court and defend the appraisal. The appraiser informed him
that he could have received a much higher appraisal of the property, but that his figure
would stand up in court.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• 4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way
Taking — Continued
May 2002: received second offer.
June 2002: received third offer, which was still well below the appraisal.
July 2002: at stalemate, Gardella prepared for court. Murphy and Jabbour suggested a
negotiating meeting with Mn/DOT.
August 2002: Negotiating meeting with Mn/DOT concluded with an agreement in
principle with sale documents signed for a settlement nearly $100,000 below the
appraisal.
September 2002: The state disbursed funds and allowed for 90 days of occupancy prior to
vacation or the commencement of a lease.
January 2003: Signed a 90 day lease with the option to renew month -to- month.
May 2003: Received a notice that they were to vacate the property one month later, on
June 30`"
• Despite considerable effort, the Gardella's have been unable to find suitable homes. They
were looking to relocate outside Minnesota and have made 6 trips to tour 40 -50 homes.
While they continue the process, they have requested they be allowed to remain in their
home through August or September 2003. Gardella stated that if he truly felt their
continuing to remain in their home were impeding progress, he would understand the
State taking such a hard -line position. The reasons they've been given for moving
immediately have been weak. After challenging each claim by Mn/DOT, they resorted to
bullying and stated, "We want you out because we have the right to throw you out."
Mn/DOT still reminds him that his property was not truly a total take, and yet they want
him out of the house immediately.
•
Gardella asked if it was reasonable for the State to evict residents who are paying
considerable rent, insuring and maintaining the property, and otherwise protecting the
assets of the taxpayers. He believed that Mn/DOT is manufacturing reasons to move them
off the property immediately. He did not try to negotiate a longer lease back in January
because he did not expect it to take so long to find a new house. He also underestimated
the State's militancy and overestimated its reasonability and concern for its residents.
Also, his neighbors were given 14 months, instead of 10, so he expected the same
treatment.
Sansevere asked who in Mn/DOT was making the situation difficult. Gardella stated he
has been told that there are a number of people who don't like him because he's difficult.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way •
Taking — Continued
Sansevere asked who made the threat to throw him out. Gardella stated it was anecdotal.
He typically communicates with one reasonable individual who told him they would be
served with a notice of unlawful detainer. His lawyer told him they could delay the matter
into July by going to court, win or lose.
Sansevere asked if 60 -90 days would be enough time for them to find a new property.
Gardella stated that they have lowered their standards and it would simply have to be
enough time.
Sansevere asked if Mn/DOT claims to have a compelling reason to need them out.
Gardella stated that he was told it would not be safe for them with contractors having
access to the property. He reminded them that it was meant to be a partial take and
completely safe for them to remain in the house. He was then told that they had to remove
the septic system. Gardella spoke to the contractor Mn/DOT sent to the property, and was
told moving the septic to a new site was no problem: the water would be off for a
maximum of five hours. Mn/DOT then said they were going to close the property and sell
the house without a septic system. He stated they would destroy the value of the house
that way and it would never sell without septic. They then told him that they need to have •
the house by June 301h or federal funds for the project would be frozen. When Gardella
questioned that, they told him to get out.
Gardella stated that he had helped other residents who were going through the same thing,
so he was sure his name had been thrown around, giving him a reputation as a trouble
maker.
Murphy stated that Senator Gen Olson was kind enough to attend the meeting to hear
Gardella's complaint. He stated that the Mn/DOT Right -of -Way organization had chosen
not to call the takes total takes, but access takings, which makes considerable difference in
how people are treated. He asked Gardella if he went from January, when he signed the
lease, to May 29th without contact with Mn/DOT when he was told to vacate.
Gardella stated that during the time, he had contact with one person, the real
estate /relocation person. They spoke frequently to touch base. Mn/DOT asked for two
movers quotes, he spoke with three. There was never any urgency expressed or specific
date discussed with regard to when they had to vacate. The individual called him and told
him he had heard they were sending him a letter of vacation and offered to intercede on
his behalf because they had no compelling reason he knew of to take the property. He
later called to say he'd been given a dress -down and was accused of being on the wrong
side of the issue. He was also told to make notes of all conversations he had with
Gardella.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• 4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way
Taking — Continued
•
Murphy asked if it was true he had been accused of planning to steal back his house when
it went to auction. Gardella stated that it was true, but they had no desire to keep the
house. The ordeal had caused his wife emotional turmoil, and they needed to close the
matter and move on.
White stated that he is upset Mn/DOT thinks Orono is difficult. He stated that Mn/DOT
does great things, but there is a rogue department in the organization. He stated that
Mn/DOT ruined his father when they took his house and all the equity they'd had in it.
Murphy stated that he did not want to leave the impression that the City has not had any
positive experiences with Mn/DOT. The City has been involved in a number of positive
collaborative efforts with Mn/DOT in relation to the Highway 12 project. Orono has
appreciated working with Mn/DOT staff like Tom O'Keefe.
Gardella stated that Mn/DOT has bullied people, has had elderly people in tears by
threatening them to either take the offer on their houses or face them in court.
Murphy moved, and Mayor Peterson seconded, to draft a letter of support for David
Gardella in asking Mn/DOT's Right -of -Way organization to not exercise their letter
of eviction on June 30th, and to work with the Gardella's, giving them until August
31St or until they find suitable accommodations elsewhere, whichever comes first,
with a copy of the letter emailed to Senator Gen Olson.
Vote: Ayes 4, Nays 0.
7. #03 -2886 Dennis and Diane Killian, 1300 Spruce Place— Variances
The applicants requested the item be tabled.
Mayor Peterson moved, and Sansevere seconded, to table Item 7.
Vote: Ayes 4, Nays 0.
8. #03 -2889 Ravia Real Estate, LLC, 2060 Wayzata Boulevard West —PUD
Concept Plan Approval
Gaffron stated that the applicant had submitted an application for B -6 PUD General
Concept Plan Approval for the property at 2060 Wayzata Boulevard. The property had
been rezoned to B -6 PUD in 2001.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
8. #03 -2889 Ravia Real Estate, LLC, 2060 Wayzata Boulevard West PUD •
Concept Plan Approval — Continued
The proposed use of the 2.6 acre property had been revised to reduce its intensity as it
went through the Planning Commission review. Starting at 13 office units in 3 buildings,
the concept was pared down to two 3 -unit office buildings for unit ownership, and a 5 -unit
equivalent building for condo office units.
The buildings would be one and a half stories, plus a lower walkout level. Each unit of
the 3 -unit buildings would have a footprint of approximately 1500 s.f. Each unit would be
sold to individual ownership. The 5 -unit building would be sold to one owner with offices
for lease. Common areas would include parking facilities, landscaped areas, and
sidewalks. Total gross square footage of office space would be 42,000 s.f.
Gaffron stated that directly to the north of the property is the Sugarwoods neighborhood.
A 40' wide platted outlot owned by the Sugarwoods Homeowners Association, which is
generally wooded, acts as a buffer to the site.
Gaffron stated that the proposed use would not require a CMP amendment as the
underlying land use designation is for commercial use. Office use would be permitted
under the B -6 district.
Staff's main concern was with the number of parking stalls. The plan proposed 113 stalls,
and staff felt 125 were needed. Staff recommended approval subject to the parking issue
being resolved. He stated that the applicant could convert some parking to underground
or reduce the building size.
George Van Houten with Ravia Real Estate, and Rich Revering of Ulteig Engineers, the
project engineer, were present.
Jacqueline Ricks of 2108 Sugarwoods stated that the senior housing center garbage gets
picked up at 4:00 a.m. and is located in the front of the building. She was concerned
about being disturbed by the garbage pick -up at the office site.
Murphy recommended placing the dumpsters close to the entrance that the collection
trucks would use.
Evelyn Schulman of 2106 Sugarwoods stated they would hear the garbage trucks no
matter where the dumpsters are located, but it would be better with them at the front of the
building.
Sansevere suggested hiring a company that will pick up during daylight hours.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
8. #03 -2889 Ravia Real Estate, LLC, 2060 Wayzata Boulevard West PUD
Concept Plan Approval — Continued
Ms. Schulman stated that the front of the building faces Sugarwoods with the parking
adjacent to their preserve. She was concerned that they would have parking lights shining
into their yards whenever the trees are bare.
Ms. Ricks stated that she has four small children and is concerned there is not enough
buffer between the houses and the development.
Marilyn Woosek asked if Ravia Real Estate had met the green space requirements.
Gaffron stated that the B -6 zone has no specific green space requirements. The plan was
about 45% green space.
White asked why the building didn't face Highway 12. Revering stated that the
topography and walkout design of the buildings requires it face Sugarwoods in order to fit
enough parking.
Gaffron stated they would have to cut 20 -25% of the proposed buildings to meet the
parking requirements. Van Houten stated that would kill the project.
• White asked if the parking requirement was reasonable. Gaffron stated that 3.5 stalls per
1000 s.f., using 85% of gross as net, was reasonable. He stated that the office lot could be
used as overflow parking for the senior housing complex on the weekends, according to
the PUD.
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Revering stated that they don't feel the need for more parking. Gaffron stated that they
felt the project required more parking.
Sansevere asked how many people would work in the office. Ulten stated that there could
be 4 -5 workers per office.
Mayor Peterson stated that the applicant should move the garbage away from Sugarwoods
and fix the parking. She also stated the northeast corner should remain green space.
Rick Schommer of 2106 Sugarwoods stated that he was at the first Planning Commission
meeting. He felt that the planned parking would encroach on the neighbors when it was
developed. He stated that the development was only required to have a 20' setback, but
the residential neighbors were required to have a 30' setback.
Gaffron stated that only 10' was required from the lot line to the parking lot, and that the
applicant had doubled the required setback. He stated the evergreens would be 3 -4' wide
and 6 -8' tall to start.
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
8. #03 -2889 Ravia Real Estate, LLC, 2060 Wayzata Boulevard West PUD
Concept Plan Approval — Continued
Revering stated they had committed to transplanting as many trees on the site as possible,
providing larger trees and a more adequate screening.
Gaffron stated there would be a 4' tall retaining wall, and a 6' screening fence on the hill
above the retaining wall could provide 10' of screening.
White asked about B -6 uses. Gaffron stated it could not be used for retail.
Rick Apple of 2101 Sugarwoods stated that there were 25 people in the 4,000 s.f office
where he works. He asked what code was on parking. Gaffron replied it was 170 stalls,
but their advisors indicated that was too high. He stated that City consultants said the
number proposed by the applicants was too few, and should be 3.5 stalls per 1,000 s.f, net
square footage, with net being 85% of gross.
Ms. Schulman stated that the development had to fit within the 2.6 acre lot.
Revering stated they were not applying for a variance. They felt the number was too high,
and that 50% net was appropriate based on their other developments. He asked what
would happen if they asked for a vote and were denied. Gaffron stated they could come •
back at the next meeting.
Van Houten stated they could not afford to cut another building.
Murphy moved, and Sansevere seconded, to have staff draft a Concept Plan
Approval resolution that incorporates requirements that the applicant move the
trash enclosure away from the Sugarwoods properties and that parking must adhere
to the recommended 3.5 parking stalls per net 1,000 s.f. using 85% of gross as net.
Vote: Ayes 4, Nays 0.
9. #03 -2894 Douglas and Robin Smith, 4195 Highwood Road — Conditional Use
Permit and Variance — Resolution No. 4992
Gaffron stated that the applicant was requesting variances to permit replacement of
existing retaining walls and stairs within 75' of the OHWL of Lake Minnetonka with 524
s.f. (4.6 %) hardcover within the 0 -75' setback zone where none is permitted; grading,
filling and excavating of more than 10 cubic yards within 75' of the OHWL where no
more than 10 cubic feet is permitted; and placing fill in a bluff impact zone where no fill
is permitted.
The Planning Commission recommended to approve variances subject to detailed plans
being submitted to staff for review. The plans submitted did not address the issue of wall
L�
14
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• 9. #03 -2894 Douglas and Robin Smith, 4195 Highwood Road — Conditional Use
Permit and Variance Resolution No. 4992 — Continued
screening, and did not include existing/proposed contours or other details asked for by the
City Engineer. The approval resolution included a requirement that the necessary detail
be provided prior to issuance of the Land Alteration Permit.
Gaffron stated that staff needed to spend time on site with the applicant and the builder to
make certain they know how far the project will go and to insure it stays within the
approved parameters. The resolution was drafted to suggest the applicant work with staff
to submit a detailed plan and profile design, showing how plantings will screen the
hardcover from the lakeside, including existing structures, lot lines, proposed and existing
contours, location of boulder walls, etc.; and a detailed erosion and sediment control plan.
Doug Smith stated that he was willing to work with the City to provide what they
required, but was getting resistance from contractors. Replacing his steps was a small
project, and they wouldn't take it on because of all the City's requirements.
Murphy moved, and White seconded, to adopt Resolution No. 4992 granting
variances from Municipal Zoning Code Section 10.56, Subdivision 16(J)(2); Section
10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision
• 16(L)(2); and Section 10.56, Subdivision 16(J)(5)(h) to permit replacement of existing
retaining walls and stairs within 75' of the OHWL of Lake Minnetonka with 524 s.f.
(4.6 %) hardcover within the 0 -75' setback zone where none is permitted; grading,
filling and excavating of more than 10 cubic yards within 75' of the OHWL where no
more than 10 cubic yards is permitted; and placing fill in a bluff impact zone where
not fill is permitted.
Vote: Ayes 4, Nays 0.
0
10. #03 -2896 Bruce Boeder on behalf of Franciscus Bastiaens -665 Ferndale Road
North — Conditional use Permit and Variance
Gaffron stated that the Bastiaens' contractor was issued a building permit in January 2003
to construct a new residence on the property. The property contains an existing old house
and detached garage which the applicant wishes to continue to use for dwelling purposes
during construction of the new residence (which is allowed by Orono Zoning Code
Section 10.03, Subd. 7), and further wishes to continue to use as a temporary guest house
and detached garage for a 24 -month period after completion of the new principal
residence. This would require a Guest House CUP approval, and a variance to the lot area
requirement.
City code requires having 4 acres in a 2 acre zone to have a guest house. The Planning
Commission made 3 motions: to deny the requested guest house CUP —the motion failed;
to approve the guest house CUP, establish an escrow to guarantee removal of the house
15
ORONO CITY COUNCIL MEETING
MONDAY, NNE 9, 2003
10. #03 -2896 Bruce Boeder on behalf of Franciscus Bastiaens -665 Ferndale Road
North — Conditional use Permit and Variance — Continued
and driveway after 24 months, allowing use of the existing septic system —the motion
failed; to approve for 12 months, escrow required, allowing use of the existing septic
system —the motion failed.
Gaffron stated that staff felt the request was not unreasonable, though there was no
precedent for a temporary guest house. The guest house would have to be occupied by
persons who would otherwise use the primary residence, should not be used as a rental
unit, upon completion of the septic system serving the new house, the old house be
connected to the new system, use be allowed only for 24 months with an escrow account
established to insure removal of the house, and the driveway connection to North Ferndale
Road be removed after 24 months with the guest house.
Boeder stated that the Bastiaens' son is living in the "little white house" (which is the
guest house in question). The Bastiaens total property is 6 acres. They looked into
splitting it into 3 acres, but found that the acreage was actually less than 6 acres due to
easement requirements. The Bastiaens then were forced to give up a lot at a significant
financial loss because the 3 lot division would have resulted in lots smaller than 2 acres.
Boeder stated that the first 2 conditions were acceptable to the Bastiaens. They did not •
agree with connecting the little white house to the new septic system. The current septic
system was in compliance through December 2010. The Bastiaens felt that connecting to
the new system for 2 years use was an unnecessary expense. They agreed with the fourth
condition of a 24 month time limit and the escrow account. He stated that the Planning
Commission discussed that if the little white house had the plumbing removed and the
septic disconnected, it would then become a conforming accessory structure and could
remain on the property. The Planning Commission, however, did not favor that option.
The applicant did not agree with the condition that the old driveway be torn out at the end
of 2 years. They would like to keep it as parking for guests when they entertain as the
road their new driveway will be on is narrow and does not allow for adequate street
parking and there is no parking on Ferndale.
Murphy asked about the compliance of the septic system. Gaffron stated that they don't
know if the current system has enough capacity and he did not feel it would be a big
expense to connect the guest house to the new septic.
Bastiaens stated that he used to work in the septic and sewer business. He stated the old
system was in good condition and could handle use by two people until 2010. He stated
that if a problem arose he would connect the house to the new septic then. The guest
house was 100 years old and in good condition, but he was willing to doze it in two years
in order to meet the City's requirements.
0
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•
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
10. #03 -2896 Bruce Boeder on behalf of Franciscus Bastiaens -665 Ferndale Road
North — Conditional use Permit and Variance — Continued
White asked about the driveway. Gaffron stated that code allows for one driveway access
per residence. North Ferndale Road is heavily trafficked and by policy they prefer the
applicants have one driveway, not two.
Boeder stated that they had planned to ask for 5 years, but Bastiaens decided to only
request 2 years, enough time for his son to finish college and get a start in life. He stated
that he had driven Ferndale and it is flat where the Bastiaens house is located and the
driveway access is easy to see.
Gaffron stated the code allows for one 20' curb cut per residence, but that the Public
Services Director could grant a second curb cut. Gappa stated that he recommended
against the second curb cut, but that the applicant could bring the request before Council.
Gaffron stated that the house was built in 1913, or potentially earlier. It was on a list of
significant buildings in Orono by the Historical Preservation Office, but was not on the
National Historical Register. Nothing currently preserves the building. He suggested the
applicant consider if the house was worth preserving, or possibly moving to another site.
• Gaffron stated that if the current septic became a problem, the applicant would have to
then tear up the yard at a greater expense to connect the house to the new septic.
Bastiaens stated that he would do so.
•
Sansevere asked if they were setting a precedent. Gaffron stated that it was precedent
setting to allow a guest house on a 2.3 acre lot in the 2 -acre zone, but that it was tempered
by the time limit of 2 years. With the agreement and escrow account, the City would have
the right and the money to remove the house at the end of the time frame. Barrett stated
that he saw no problem with the application.
Bastiaens asked how many acres he would need to keep the guest house. Gaffron stated
he would need a total of 4 acres to keep both houses on the same lot, and that it must meet
all lot standards, so that the houses could be split onto separate lots at some point. Boeder
stated that they could not configure the houses on the lot in such a manner to keep them
both.
Mayor Peterson stated that they were agreed on the guest house use, had resolved the
septic issue, were agreed on the time of 24 months, and the driveway issue would follow
the staff recommendation, knowing that the Bastiaens could appeal to keep the driveway
at the end of the 24 months.
17
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
10. #03 -2896 Bruce Boeder on behalf of Franciscus Bastiaens -665 Ferndale Road •
North — Conditional use Permit and Variance — Continued
Sansevere moved, and White seconded, to approve the requested temporary guest
house CUP according to staffs recommendations that the guest house would have to
be occupied by persons who would otherwise use the primary residence, should not
be used as a rental unit, use be allowed only for 24 months with an escrow account
established to insure removal of the house, the driveway connection to North
Ferndale Road be removed after 24 months with the guest house; except allowing the
guest house to remain connected to the current septic and only requiring hookup to
the new septic if staff finds that a problem arises at any point.
Vote: Ayes 4, Nays 0.
11. #03 -2901 Denali Custom Homes, Inc. on behalf of Melinda Lee and Thomas
DeVeau, 680 Tonkawa Road — Variances
Gaffron stated that the applicants proposed to remove the existing house and construct a
new house on a lot just over a half acre, .54 acre, with a width of 64'. They were
requesting a hardcover variance in the 75 -250' setback zone to allow 29.15% where 25%
is allowed.
The Planning Commission found that the loss of lake views resulting by moving the house •
closer to the road due to average setback variance previously granted to the neighbor, also,
the narrowness of the lot, and the steep topography resulting in necessary hardcover
associated with retaining walls and lake access stairs in the 75 -250' zone.
Staff recommended approving the lot area and width variances, but denying the hardcover
variance. A house could be built on the property at 25% hardcover.
David Beeker of Denali Custom Homes stated that they had come up with new plans
based on staff's recommendation, which he passed around at the meeting. He stated that
they had come up with a system of hardship credits that allowed them to get down to the
25% hardcover requirement. They found an 80 s.f. hardship credit for the retaining walls
required to maintain the slope, 127 s.f. of stairs needed to access the lakeshore. For the
sightline variance, he stated that since a variance was required to cross the average
setback, the applicant was then faced with a hardship. They had pulled their house back
20' from the existing house footprint to reduce hardcover. If they pulled back any farther,
they would be behind the neighboring property.
Murphy asked if Council was in the business of giving hardship credit. Gaffron stated
that the concept was unique, but it had been discussed at the Planning Commission. The
applicant had found a way to quantify credit. The boulder retaining walls and stairs were
given 1 for 1. The ability to not pull the house back any farther was based on the
reduction in driveway size. He asked if Council agreed with the concept.
0
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
• 11. #03 -2901 Denali Custom Homes, Inc. on behalf of Melinda Lee and Thomas
DeVeau, 680 Tonkawa Road — Variances— Continued
Sansevere asked if the sightline matter qualified as a hardship. White stated that he could
recall other cases where setback of the house was an issue. Gaffron stated that the
situation was not created by the property owner and did essentially go with the land.
Beeker stated that in the City's description of hardship, it is listed as one. Beeker stated
that they did reduce the driveway per staff's recommendation and it allowed for a better
drainage plan.
Murphy asked if staff wanted time to review the new materials. Gaffron stated they did,
and as they had not drafted a resolution for the meeting, it would not create a loss of time.
Council could table the application until the next meeting. He asked for direction.
Moorse suggested staff go on site and view the land and sightlines.
Beeker stated that they needed to start the project as soon as possible. Sansevere stated
that Council needed staff's input to give the matter a fair discussion.
Mayor Peterson stated she felt Council was leaning in favor of the revised application.
• Bob Beutler of 684 Tonkawa Road stated that he was concerned who would be liable for
the drainage problems. He stated that when it rains, the water flows hard and fast from
one property to another. When he built his house it was a major issue to deal with. If the
drainage wasn't taken care of, it would ruin his landscaping and property. He wanted to
know who would be responsible if his property gets damaged. He stated he would like to
be involved in the applicant's drainage plan and the City's review of the matter. He
suggested money be put in escrow to pay for any resulting problems.
0
Barrett stated that the City was on notice of a complex issue, but was under no obligation
to satisfy Mr. Beutler or other neighbors.
Murphy moved, and Sansevere seconded, to table item 11, #03 -2901, Denali
Custom Homes, Inc. on behalf of Melinda Lee and Thomas DeVeau, 680 Tonkawa
Road.
Vote: Ayes 4, Nays 0.
19
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
*12. #03 -2902 WJM Properties LLC, 2605 Wayzata Boulevard West — Conditional is
Use Permit— Resolution No. 4993
Murphy moved, and White seconded, to adopt Resolution No. 4993 approving a
conditional use permit per Municipal Zoning Code Section 10.50, Subdivision
3(A)(4) to permit construction and use of a private motor fuel station to support the
body shop, auto prep and wholesaling operations previously approved for the site via
Resolution no. 4845; and approves amendments to the Industrial Site Plan Approval
granted via Resolution No. 4845 to allow refinishing of the west fagade of the existing
building with Exterior Insulation Finish System to result in a more uniform
appearance for the building; and to allow the development of an additional site
access via a proposed 40' bituminous driveway from the east parking lot to the east
property line.
Vote: Ayes 4, Nays 0.
*13. Joint Use Dock License — Resolution No. 4994
Murphy moved, and White seconded, to adopt Resolution No. 4994 directing staff to
issue a Joint Use Dock License to Board of Governors, Big island Veteran's Camp
for the period of January 1, 2003 to December 31, 2003; retroactively for the period
of January 1, 2001 to December 31, 2001; retroactively for the period of January 1,
2002 to December 31, 2002. •
Vote: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Sansevere asked if they needed to receive Nygard's resignation in writing. Barrett stated
they did not as he had read it into record during a public meeting, although he would
double check on the matter.
Murphy stated that they would need a new Council member, but that they should not rush.
Sansevere stated that if Nygard took a paycheck for a period to come, and not for duties
already performed, it should be stopped as it was City money. Barrett stated he would
check on the matter.
Moorse complimented Gaffron on his presentations that evening, especially his handling
of the Toth application.
•
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ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
PUBLIC SERVICE DIRECTOR'S REPORT
*14. Seasonal Employee for Golf Course
Murphy moved, and White seconded, to hire John T. Harris at $7.75 per hour under
the applicable provisions of the PERA rules.
Vote: Ayes 4, Nays 0.
CITY ADMINISTRATOR'S REPORT
*15. Award of Bid — Navarre Fire Station Construction
Murphy moved, and White seconded, to award the contract for the construction of
the Navarre Fire Station to DEW Corporation in the low bid amount of
$1,138,000.00, and to approve giving the contractor a Notice to Proceed.
Vote: Ayes 4, Nays 0.
*16. Accept Donation from Bonestroo, Rosene, Anderlik and Associates, Inc.
• Murphy moved, and White seconded, to accept the donation in the amount of
$250.00 from Bonestroo, Rosene, Anderlik and Associates, Inc.
Vote: Ayes 4, Nays 0.
*17. Temporary, Part -Time Employee to Assist the Planning and Zoning
Department
Murphy moved, and White seconded, to hire Jeanne Mabusth as a temporary, part -
time employee, at a pay rate of $40.00 per hour, effective June 9, 2003.
Vote: Ayes 4, Nays 0.
*18. Parks, Open Space and Trails Commission Appointments
Murphy moved, and White seconded, to appoint Rick Rice and Paul Pesek each to a
three year term on the Parks, Open Space and Trails Commission expiring on
December 31, 2005.
Vote: Ayes 4, Nays 0.
*19. Accept Resignation —Paul Theisen
Murphy moved, and White seconded, to accept Paul Theisen's resignation effective
June 9, 2003.
Vote: Ayes 4, Nays 0.
21
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
*20. Amend 2003 Fee Schedule —Sale and/or Storage of Consumer Fireworks •
Permit — Resolution No. 4995
Murphy moved, and White seconded to adopt Resolution No. 4995 amending the
2003 fee schedule to include a fee of $50.00 for a Sale and /or Storage of Consumer
Fireworks Permit,
Vote: Ayes 4, Nays 0.
*21. Opposition to Weapons on City Property— Policy Statement
Murphy moved, and White seconded, to adopt a statement in opposition to weapons
in City facilities.
Vote: Ayes 4, Nays 0.
*21 a. Amendment to the Stone Bay Final Plat Approval Resolution
Murphy moved, and White seconded, to amend the Stone Bay final plat resolution to
enable the final plat to be filed when the City receives a letter from Mn/DOT
indicating Mn/DOT's intent to approve the right -of -way reconveyance.
Vote: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT •
None.
*22. LICENSES
Special Event Permit
1. Applicant: Tera Gross
Event: Birthday Party with Music Provided by DJ
Location: 2635 Countryside Drive West
Date: Saturday, June 21, 2003
Time: 6:30 p.m. –12:00 p.m. midnight
Murphy moved, and White seconded, to approve the above listed licenses.
Vote: Ayes 4, Nays 0.
*23. BILLS
Murphy moved, and White seconded, to approve payment of the All Funds Account.
Vote: Ayes 4, Nays 0.
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•
CJ
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 9, 2003
ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
ATTEST:
Linda S. Vee, City Clerk
23
Barbara Peterson, Mayor