HomeMy WebLinkAbout07-23-2007 Council Minutes4„
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o?clock p.m.
ROLL
The Orono City Council met on the above - mentioi
James White, Council Members Lili McMillan, Jii
Attorney Soren Mattick. Representing Staff were
Mike Gaffron, Planners Evelyn Turner and Melani
Jackie Young.
Mayor White called the meeting to order at 7:00
CONSENT AGENDA
1. APPROVE /AMEND
Items 10 and 12 —18 were added to the Consent
Murphy moved, Rahn seconded, to approve
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF
i
d date with the following members present: Mayor
Murphy, Cynthia Bremer, and David Rahn; City
ity Administrator Ron Moorse, Planning Director
Curtis; City Engineer Tom Kellogg, and Recorder
followed by the Pledge of Allegiance.
Consent Agenda as amended. VOTE: Ayes 5,
Y 9, 2007
Murphy moved, Rahn seconded, to approve the minutes of the July 9, 2007, Regular City Council
meeting as submitted. VOTE: Ayes 5, Nays 0.
PRESENTATION
3. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT — KEN MALLOY
Ken Malloy, City Auditor, addressed the City Council regarding the City's 2006 audit and comprehensive
annual financial report. Malloy stated they have found the City's accounting statements to be in
compliance with accounting standards and have found no incidents of noncompliance with federal laws.
The audit did reveal a minor issue with a state law concerning social events held by the City on behalf of
the employees. Malloy noted the state law in that egard has changed slightly and that those types of
events are acceptable. In addition, the audit also found that some of the receipts received were being held
by the City for four to seven days prior to being deposited and that their office would recommend City
Staff make their deposits on a more frequent basis.) Malloy recommended the City's audit be done earlier
in the year.
Malloy stated the City of Orono continues to have
percent, which is approximately half of the averag
City receives very little state revenue and that the
Malloy stated their auditing procedure will be
closer look at the City's internal controls.
P:
low tax rate and noted that this year it is at 15.3
tax rate in the seven county area. Malloy noted the
ity's overall financial condition is very good.
slightly for next year and they will be taking a
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m. •
(2006 Comprehensive Annual Financial Report, Continued)
White noted the City's tax capacity is the lowest in Hennepin County. White stated he did review the
change in the state law regarding employee events and that the state has basically said that those types of
events are okay.
McMillan inquired whether there are any guidelines available for division of staff responsibilities for a
city of this size.
Malloy stated they do have some guidelines and have provided that information to Staff. Malloy noted
they also look at division of duties during the audit.
The City Council took no formal action on this matter.
4. PLANNING COMMISSION COMMENTS — DICK KROEGER, REPRESENTATIVE
Mr. Kroeger stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
None •
ZONING ADMINISTRATOR'S REPORT
4. #05 -3143 DAN HESSBURG, 774 TONKAWA ROAD — REVIEW UNAPPROVED
GRADING
Dan Hessburg, Applicant, was present.
Curtis stated in 2005, the applicant submitted plans and worked through the variance review process,
revising plans in response to Planning Commission concerns. Based on a specific set of building plans
and site plan which the Planning Commission and Council found acceptable, lot area and lot width
variances for a house were granted in addition to a hardcover variance within the 75 -250 foot zone
permitting 27.2 percent hardcover where 25 percent is normally allowed and within the 250 -500 foot zone
to allow 459 square feet or 45 percent where 30 percent is normally allowed for the new residence.
During the inspection process, the City's building inspector noted that the site grading did not match the
approved grading plan and the hardcover exceeded approved levels. Additionally, the applicant
conducted grading within the 0 -75 foot zone to construct an unpermitted lake access stair.
The as -built plan reflects excesses in hardcover within the 0 -75 foot zone, the 75 -250 foot zone, and the
250 -500 foot zone. Within the 0 -75 foot zone, there was an existing wooden staircase, and in its place has
been constructed a stone staircase, which accounts for 360 square feet of hardcover, along with an
undetermined amount of earth movement. •
PAGE 2 of 17
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ORONO CITY f
Monday
7:00 c
( #05 -3143 Dan Hessburg, Continued)
Within the 75 -250 foot zone, there is 30.3 percent
Additionally, the applicant constructed a wooden f
meanders across the property line. City Code allot
the fence must be constructed on one property and
OF THE
rNCIL MEETING
y 23, 2007
ck p.m.
•dcover where 27.2 percent was permitted.
,e along the northern side lot line. This fence
construction of privacy fences without a permit but
iy not cross onto another.
The applicant altered the approved grading plan by ,, conducting unpermitted grading, installing
unpermitted boulder retaining walls, and installing an unpermitted underground drain -tile system. The
City's Engineer has reviewed the plans submitted by the applicant's landscape contractor regarding the
drain tile system and those comments are reflected yin Exhibit C of the Staff memo.
Planning Staff recommends the applicant be refers d back to the Planning Commission for after- the -fact
consideration and approval of the excess 380 square feet total site hardcover.
McMillan inquired whether the 75 -250 foot hardcover excess is the boulder walls
Curtis stated to her understanding the hardcover
White inquired whether the City Engineer has
Kellogg stated he has visited the site and that the bi
what was approved. Kellogg noted Exhibit C outli:
site would be able to accommodate a total rainfall c
conveyance system, like the previously approved s'
from storms larger than 0.8 inches.
White inquired how the fence got constructed on &
Hessburg stated he did not construct the fence and
feet into his property. Hessburg stated he did rem('
on his property and that he did reimburse the neigh
was actually not his.
Hessburg stated he was unaware that the City requi
Hessburg stated they realized after final grade had 1
retention and that a four -inch drain tile system was
his calculations, it would accommodate 20 percent
goes into the drain tile system.
is a result of the boulder walls.
the site and reviewed the drainage.
:st concern is that the drainage plan does not match
his concerns and that the main concern is that the
h of 0.8 inches. Kellogg stated an additional
-s, will be necessary to convey the excess runoff
neighbor's property line.
his neighbor actually constructed the fence three
the fence thinking that it was his fence since it was
for the materials after he found out that the fence
a permit for the underground tiling system.
L achieved that they had a problem with water
alled for approximately 300 feet. According to
icover. Hessburg noted 80 percent of the runoff
Hessburg stated he did not realize he needed to obtain a conditional use permit for the staircase and that
the boulder walls were constructed to help control the runoff into the lake.
Hessburg stated the four interceptors on the gutter system should probably be screened to help ensure that
the runoff goes into the drain tile system. Hessbur ' noted there have been some letters submitted from
the neighbors, Mr. Okerstrom and Todd and Terri Haugan, indicating they do not have any problems with
40 I the work performed on the property. Hessburg statd he attempted to make his property safe and handle
the runoff appropriately. '1
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
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( #05 -3143 Dan Hessburg, Continued)
White noted the entire retaining wall was not depicted on the original plan.
Hessburg stated a portion of the retaining wall was pre - existing but that the section of the retaining wall
that is over four feet was constructed later.
Curtis stated the approved drainage plan does not depict any retaining walls.
Hessburg stated he could remove a portion of the retaining wall where it is lower and regrade the property
but that the higher portion of the wall should remain to help control the runoff. Hessburg stated the City's
Code requires that they start at existing elevation and that the actual final elevation was higher than the
proposed elevation. Hessburg commented he is unsure how that occurred.
Rahn inquired whether the house was constructed at the proper elevation.
Hessburg stated the elevation of the floor was built to exactly what was proposed on the plan.
Rahn stated if the house were constructed as depicted, it should have been obvious that a boulder wall
would be required.
Kellogg stated what is missing from the grading plan are the evergreen trees, which prevent the slope
from being graded unless the trees are removed. •
Hessburg concurred they would have had to have removed those trees if they did it as proposed.
Murphy commented he is unsure how anyone could have anticipated where the final grade would come
out and that he is not sure where the responsibility lies for that. Murphy stated there is no way that this
house could have been built at the elevation proposed without some type of retaining wall between the
two properties. Murphy stated the house is sitting at least four feet below where it should be in
comparison to the neighbor.
Hessburg stated they followed the approved grading plan and that they had to start from existing grade,
which created a problem with the driveway. Hessburg stated he does not know why the City's ordinances
require that they start with existing grade.
Murphy stated he does not know how this house could have been constructed four feet lower than the
neighbor's.
Hessburg stated even if the house were constructed four feet higher, they would have the same problem
on the other side.
Gaffron inquired whether the house had to be placed at a certain elevation in order for the lower level to
be considered as a basement rather than a story.
Curtis stated it is not a matter of Staff telling the builder at what elevation his house has to be at but a
matter of the builder wanting to construct the house to a certain height to meet City Code. •
PAGE 4 of 17
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
( #05 -3143 Dan Hessburg, Continued)
Gaffron stated Staff does analyze every plan thou
basement is below grade to constitute a basement
number of plans where houses are artificially put
White inquired whether the stairway and landings
regulations.
Curtis stated the City would have required that the
ly to ensure that a sufficient amount of the
er than a story. Gaffron stated the City has seen a
the ground in order to achieve another story.
built would be in compliance with today's
not exceed four by four.
White stated in his opinion this application should go back to the Planning Commission for their
recommendation since it has been changed from what was approved.
Murphy concurred that this application should go
the minutes reflect a discussion regarding impery
have been aware of that issue.
Hessburg stated the house has been on the market
is interested in purchasing the property and wants
inquired whether he could obtain an occupancy pc
City Attorney Mattick stated the issue here relates t
held up issuing a certificate of occupancy because c
should be apprised of the situation.
Hessburg stated the interested buyer is an attorney
he is unsure what should be done with the boulder
required, it would require the removal of those eve
Mattick stated it is his understanding there are
the boulder wall remains.
Hessburg stated he is unsure whether the City
Hessburg indicated he is willing to install add
Kellogg stated the drainage that was proposed
lakeward of the home.
k to the Planning Commission. Murphy noted that
pavers and hardcover and that the applicant should
ice November and that he does have somebody who
close on the property on August 15`l. Hessburg
dt for the new owner to move in.
drainage and that he does not believe the City has
drainage issues. Mattick stated the new owner
that he is aware of the situation. Hessburg stated
and that if the wall is removed and regarding is
-n trees on the neighbor's property.
additional swales that need to be completed even if
-er was aware of the turn- around and the drain tile.
drain tile if necessary.
the north lot line still needs to be constructed
Rahn inquired whether the City Engineer relies on a gutter system as the primary means of handling
runoff or whether they like to see the runoff handled in a different manner.
Kellogg stated they need the swales in the event of
opportunity to inspect the drain file system at the tii
is whether the work can be completed this fall.
Murphy stated Exhibit F in the Staff memo shows
with the applicant and that he did not hear back fr,
emergency and that they did not have the
it was being installed. Kellogg stated another issue
I the building inspector attempted to get in contact
him. Murphy questioned why the City should be
PAGE 5 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
( #05 -3143 Dan Hessburg, Continued)
mitigating any issues that the applicant has with a potential buyer and that the buyer should be aware of
the issues that exist.
Mattick stated to his understanding the City would not delay issuing a certificate of occupancy based on
these issues and that the unresolved issues would be between the buyer and the seller.
Hessburg stated he received that letter in January and he immediately called the City and the landscaper. .
The City was notified that the landscaper was out of state for three months on another project. An
engineer was retained almost immediately but that he was later told he did not need a private engineer and
that the City would attempt to resolve the issues through the City Engineer. Hessburg stated he took extra
steps to handle the runoff that was created by the hardcover.
Kellogg stated his office had been waiting for a significant amount of time for the applicant's engineer to
complete certain work and when that work was not completed, his office offered to complete a portion of
the work.
Rahn moved, Murphy seconded, to send Application No. #05 -3143, Daniel Hessburg, 774 Tonkawa
Road, back to the Planning Commission for their review. VOTE: Ayes 5, Nays 0.
5. #07 -3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN is
MILBRATH,1404 BALDUR PARK ROAD — VARIANCE
John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present.
Turner stated the applicant is requesting a lot area variance, a lot width variance, and hardcover variances.
Council tabled this application on July 9t'' to allow the house to be redesigned to comply with the defined
height requirement. The applicant has submitted a revised house design that complies with the height
requirement.
The Council also requested a summary of hardcover and structural coverage for the 17 properties on
Baldur Park Road. The summary is attached as Exhibit G to the Staff memo. Because there were
inconsistencies in accounting for the second 0 -75 foot zone (street side) on some of the properties, this
second 0 -75 foot zone has been combined with the 75 -250 foot zone to allow an equitable comparison.
Six of the 16 properties were granted width and area variances for new houses. All included hardcover
variances. A hardcover variance was also granted for a new house on a lot that exceeded the minimum
.size and width requirements. Five other properties have been granted hardcover variances for additions.
The remaining four have not received a permit for work that would change hardcover.
The drainage issues have been resolved. The applicant will create swales along the side property lines
from the street yard to the lake yard. In the lake yard, the swales merge toward the center of the lot and
continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property
to west.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
( #07 -3266 Vogue ICF Homes, 1404 Baldur Park Road, Continued)
Planning Staff recommends approval of the lot wic
determine if the proposed house plan is acceptable
acceptable.
Vogstrom stated they did remove the posts {colum
now meet the height requirement. The stairway ha
and the grading issues have been resolved.
Vogstrom stated the footprint of the house is apprc
total square footage of hardcover on the lot is appr
other homes in the area that are larger and have me
commented they have attempted to comply as best
McMillan inquired how big the dormer windows
Hahn stated they are 18 inches high.
Turner stated the defined height Staff had used las
Staff had determined previously that it should be c
plans and the home now has a pitched roof, which
Hahn stated the new design is based on the City's
Rahn stated in his opinion the design of the home t
and that he is not in favor of the application. Rahn
gable roof.
Bremer stated the structure does look closer to thn
meet the City's ordinance. Bremer stated the City
address this type of structure. Bremer encouraged
the house.
McMillan indicated she is in agreement with the
Charles Reid, 1400 Baldur Park Road, stated the
that the issue is hardcover. Reid asked how the
allowed or 15 percent.
Gaffron stated lot coverage is a limit and not an
feet, the applicant is allowed 1500 square feet, i
variance for the excess hardcover.
Bremer stated it is whichever is less.
Reid stated the information on the first and second
anything because the laws have changed over the S
and lot area variances. The Council should
3 whether the proposed level of hardcover is
s} on the end of the house and that the house does
been revised as requested previously by the Council
nately 1365 square feet, plus the garage, and that the
mately 3000 square feet. Vogstrom noted there are
hardcover than what they are proposing. Vogstrom
;y can with the City's direction.
be.
was the height of the roof that was flat and that
.eyed a flat roof The applicant has revised the
meet the City's height requirement.
code and does meet the City's requirements.
to increase the appearance of massing on the lot
:d he was more in .favor with the original design, a
stories than two and a half stories but that it does
could perhaps look at revising the ordinance to
e applicant to continue to improve the appearance of
of Council Member Bremer.
icant has not reduced the footprint of the house and
determines whether 1500 square feet will be
ance and that for a lot that is less than 10,000 square
does not mean that they will receive a hardcover
is different and that it really doesn't mean
PAGE 7 of .17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
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( #07 -3266 Vogue ICF Homes, 1404 Baldur Park Road, Continued)
Murphy moved, Bremer seconded, to direct Staff to draft an approval resolution for Application
#07 -3266, Vogue ICF Homes, 1404 Baldur Park Road, approving the house plan as presented
tonight, with the level of hardcover that has been proposed, subject to the condition that the
drainage issues are resolved to the satisfaction of the City Engineer.,
Mr. Milbrath, the property owner, stated he would `also like to improve the appearance of the house and
that his concern is if they conform to the height .and hardcover requirements, whether they have the ability
to make a better looking house as long as it is within the City's requirements.
Murphy stated they are able to do that as long as the changes do not require any variances.
Turner stated Staff would have to review the plan and that the applicant may have to appear before the
Council again if there are significant changes.
Milbrath indicated they have redesigned the house a number of times.
Turner stated the applicant has three weeks before the next Council meeting to submit changes.
Bremer stated the Council is here to look and approve the plan that is before them tonight and that a •
formal motion approving the resolution would be passed at the next meeting.
McMillan stated the applicants could also ask for their application to be heard at a later council meeting if
they want to revise their plans but that the Council would like to approve the plan that will actually be
built.
Betsy Nusbaum, 3480 Baldur Park Road, inquired whether the Council is approving the 35 percent
hardcover.
White stated the motion is to approve the plans that are before them right now and that the hardcover has
not been changed from what was previously proposed.
VOTE: Ayes 3, Nays 2, Rahn and White opposed.
6. #07- 3280/ #07 -3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE —
VARIANCES
John Vogstrom, Vogue ICF Homes, was present.
Turner stated the applicant is requesting variances to allow construction of two new, identically sized
residences on adjacent lots. The variances being requested include a lot area of 0.33 acre when one acre
is required, a lot width of 67 feet when 140 feet is required, and 29 percent hardcover in the 75 -250 foot
zone when the maximum is 25 percent.
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ORONO CITY COUNCIL MEETING
Monday,! July 23, 2007
7:00 o''clock p.m.
( #07 -3280 Vogue ICF Homes, Rest Point Circle! Continued)
On July 90' the Council tabled this application to allow further reduction of hardcover. The applicant has
submitted a revised plan that reduces hardcover for 1348 Rest Point from 28.76 percent to 28.08 and
reduces the hardcover for 1350 Rest Point from 29 percent to 28.33 percent. The applicant has also
indicated they will remove 438 square feet of hardcover from the 0 -75 foot zone of 1350.
Turner noted the width of the sidewalk has-been i
would like to see the sidewalk reduced back down
Turned noted the City has received a written
September since the packet as published.
Rahn requested that in the future Staff separate tS
following the proposals and revisions for each pra
shows zero and that there should be some type of
;dsed from three feet to four feet and that Staff
the three feet.
to extend the review period until the end of
types of applications due to the difficulty in
ty. Rahn noted the hardcover in the 0 -75 foot zone
nber in there for the stairway.
Turner stated the applicant had indicated that he was going to remove all the hardcover in the 0 -75 foot
zone, and as Staff looked at the application further, it was determined for 1350 the retaining walls should
not be removed. Turner stated the initial proposal' was that the hardcover in the 0 -75 foot zone would be
removed and a tram installed Turner stated the four -foot wide stairs are permitted in the 0 -75 foot zone.
Rahn stated he would like to see a formal plan on I at exactly will be built on the lot in each zone.
Turner stated the stairway down to the lake only requires a building permit.
Rahn commented he would still like to see a formal plan. Rahn asked if the driveway is an issue.
Turner stated the driveway is not an issue and thJ the applicant made a small reduction in the hardcover
by reducing the size of the deck. Staff feels there (could be another slight reduction in the hardcover if the
width of the sidewalk is narrowed. Staff does notyecommend reducing the setback but would consider
reorienting the garages.
Rahn stated he would not be in favor of locating the house closer to the road.
Vogstrom stated he would prefer not to have the 25 -foot setback to the street but that he had considered
that option as a means of reducing the hardcover.'(
McMillan inquired what type of hardcover would;be installed in the 0 -75 foot zone.
Vogstrom stated there would be two lifts installed, one on each property, which would go down to the
lake. I
Curtis stated they are allowed a maximum four -foot wide stair down to the lake and that generally some
type of stairway is incorporated with the lift.
McMillan inquired whether any type of dock would be installed.
PAGE 9 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
( #07 -3266 Vogue ICF Homes, Rest Point Circle, Continued)
Vogstrom stated they would have a dock.
Bremer noted the Planner's Report indicated that a conditional use permit might be required, particularly
for the 1350 property because of slope restoration issues.
Turner stated the engineer did state that the retaining walls should be retained to help stabilize the slope
and that some minor grading might be needed.
White stated he does not feel the hardcover can be reduced any further on either lot.
Vogstrom stated the existing hardcover on both lots would be reduced with their proposal.
Denny Walsh, 1354 Rest Point Circle, noted this is not a hardship lot and that the applicant was directed
to reduce the hardcover to 25 percent. Walsh noted the hardcover has been reduced slightly but still does
not meet the 25 percent limit. Walsh expressed a concern these lots would become the new standard in
the neighborhood for hardcover.
White stated the garage at 23' x 23' is the minimum and that he personally does not see how the footprint
of the house could be reduced further without moving the house closer to the road.
•
Deanne Altenhofen, 1342 Rest Point Circle, stated she has a concern with the average lakeshore setback •
and that she does not want to see the house moved closer to the street than is already proposed.
Altenhofen asked whether there would be any hardcover in the 0 -75 foot zone.
Turner stated the hardcover is detailed according to different zones and that different amounts of
hardcover are allowed in each zone. Turner stated the property owner is allowed a set of stairs down to
the lake and that any amount of hardcover that is approved would be noted in the resolution.
Bremer stated Orono is unique to other cities in how they calculate hardcover and that the hardcover is
measured in each zone.
Murphy noted the City of Orono also requires a further setback from the lake than most other cities.
Murphy commented these are not simple applications and that the Council has spent considerable time
reviewing this application.
David Bois, 1360 Rest Point Circle, noted the applicant has not complied with the 25 percent hardcover
direction that was given to him a number of meetings ago. Bois also noted the tram that was mentioned
by the applicant has not been included in the plans. Bois concurred that these plans should be separated
and each property looked at individually.
Vogstrom stated he is willing to move the houses but that he is tired of hearing that they are setting a
precedent by being granted 28 percent hardcover. Vogstrom noted the properties on either side of these
houses have over 30 percent hardcover. Vogstrom stated in his opinion these two homes fit in with the
neighborhood very well and that it is a good project.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday;l July 23, 2007
7:00 o'clock p.m.
( #07 -3280 Vogue ICF Homes, Rest Point
Rahn stated the Council looked at moving the
encroaching into the street setback. .
Murphy commented that most of the issues regar
build closer to the lake and block the neighbors'
Murphy stated there is a possibility that the view
closer.to the street.
McMillan inquired whether both homes would be c
very narrow street and suggested that the equipmer.
on.
Vogstrom stated they would be constructing one he
of the trucks off the street during construction of th
parking to one side of the street as much as possibl
Murphy recommended the applicant follow the adN
lot for parking during the construction of these two
White stated he is in support of this application
applicant to achieve the 25 percent limit.
McMillan stated she does see some hardship given
functional hardcover such as wide enough drivewa
when the City restricts hardcover too much, it encc
notifying the City.
McMillan moved, Murphy seconded, to direct
#07 -3280 and #07 -3281, with the request that t]
in the 0 -75 foot zone be calculated, and subject
the lifts for each lot, whether any trees will be i
have as far as hardcover.
Rahn inquired whether the City has a more recent
Turner stated they do have a more recent plan.
VOTE: Ayes 4, Nays 1, Bremer opposed.
Murphy concurred that these types of applications b
two fees were paid.
Turner stated two fees were paid.
Continued)
closer to the street as a plus since he is not
average lakeshore setback are when people want to
rather than moving the house closer to the street.
i these two homes would be impacted by moving it
nstructed at the same time. McMillan noted this is a
be parked on the other lot while construction is going
se at a time. Vogstrom stated they would park most
first house and that they would attempt to limit
of Council Member McMillan and utilize the other
on the design and that he does not see a way for the
size of the lot and that every house needs some
and sideways as well as patios. McMillan stated
ages property owners to add hardcover without
iff to draft an approval resolution for Applications
hardcover that presently exists on 1350 Rest Point
the plans depicting the approximate location of
noved, and what type of landing areas the lifts will
plan than the one that shows the shared driveways.
separated in the future. Murphy inquired whether
PAGE 41 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
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*7. #07 -3282 SUAD AZHARI TRUST, 1745 FOX STREET — SUBDIVISION — 2ND
RENEWAL — RESOLUTION NO. 5642
Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5642, a Resolution Granting a
Second. Six Month Extension to the Effective Period of Final Plat Approval Established Per
Resolution No. 5486 as Modified Per Resolution No. 5610. VOTE: Ayes 5, Nays 0.
8. #07 -3290 BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY
AVENUE — VARIANCE
Benjamin Sachs, Applicant, was present.
Turner stated the applicant is requesting a hardcover variance to allow 36.78 percent hardcover in the 75-
250 foot zone when 38.16 percent exists and 25 percent is allowed.
Turner stated there was some confusion at the last meeting regarding the landscape fabric and that the
policy adopted by the City in 1997 states that landscape fabric is to be excluded from hardcover
calculations in Staff's report and must be removed prior to the issuance of a building permit if a variance
is granted.
The applicant is proposing to construct a 390 square foot deck addition that would connect two existing
lakeside decks.. 200 square feet of the deck addition would be over a landscape bed lined with this fabric, •
so the increase in hardcover from the deck addition would be 190 square feet. The applicant originally
proposed to remove 590 square feet of landscape fabric.
White inquired whether the applicant has made any changes to his plan since the last council meeting.
Sachs stated he has not, and that he is asking for an extension of his deck so his wife, who is now
handicapped, can enjoy their deck. Sachs stated he is willing to remove the landscape fabric and that the
City would benefit from the removal of the fabric. Sachs stated last week there was a power failure for a
couple of hours and at 11:00 at night the power company came up to his driveway and could not turn
around in his existing driveway. Sachs stated he would like to add to his deck and that in his view the
extension of the deck is not a big issue compared to the other issues that were heard tonight.
White stated the Council routinely asks people to reduce hardcover and to reduce the size of different
structures. White noted the use of the deck is limited to only a few months of the year and that the
applicant's unwillingness to reduce the size of the deck makes it difficult to approve the application.
Sachs stated his neighbors are not opposed to this project.
McMillan stated the driveway is functional hardcover but that a deck addition that basically doubles the
size of the deck is not functional hardcover.
Sachs stated he understands the Council has to follow the law and that he is asking for a variance.
McMillan commented the Council attempts to apply the laws as fair as they can.
PAGE 12 of 17
Ll
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ORONO CITY 4
Monday
7:00 c
( #07 -3290 Benjamin Sachs, Continued)
Murphy inquired what would happen to the sun ro
Sachs stated it would be covered up but that the sc
White recommended the applicant reduce the size
proposed will be approved. White concurred that
in hardcover will have to come from deck.
Murphy stated in his view the deck could be
ES OF THE
OUNCIL MEETING
July 23, 2007
clock p.m.
below the deck if the deck is expanded.
is only used in the winter.
the deck since it does not appear that the plan as
driveway cannot be reduced and that the reduction
Rahn stated if the issue is access to the other deck liy the applicant's wife, the deck could be redesigned to
accommodate that but that it is unlikely a 720 square foot deck would be approved by the Council.
White noted that he voted in favor of the app
fabric, which Staff has now clarified. White
the application.
Murphy moved, McMillan seconded, to direct
#07 -3290, DRK Family Associates, LLC, 2523
opposed.
*9. #07 -3294 RON DEMSHAR, 2821
(ATF) — RESOLUTION NO. 5643
n last meeting because of the removal of the landscape
that, based on that clarification, he is unable to support
to draft a denial resolution for Application
Avenue. VOTE: Ayes 4, Nays 1, Bremer
1
O POINT ROAD — CONDITIONAL USE PERMIT
Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5643, a Resolution Granting a
Hardcover Variance and a Conditional Use Permit for Reconstruction and Construction of
Retaining Walls Within the 0 -75 foot Shoreland Zone Per Section 78 -966. VOTE: Ayes 5, Nays 0.
*10. #07 -3299 MIKE BENEDICT /JAMES
NORTH — SUBDIVISION: LOT LINE REA
Murphy moved, Rahn seconded, to adopt RESO
Line Rearrangement for Properties Located at 2
Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
E, III, 25/105 ORONO ORCHARD ROAD
GEMENT — RESOLUTION NO. 5644
UTION NO. 5644, a Resolution Approving a Lot
and 105 Orono Orchard Road North. VOTE:
Murphy stated he attended a portion of the Stone Bay neighborhood meeting prior to the Council meeting
and that it was helpful to hear the issues from the neighbors. Murphy stated in his view it would be
appropriate to discuss the Stone Bay project at an upcoming council work session.
Murphy noted he and the City Administrator met recently with the City Attorney on the sewer and water
agreement with the City of Long Lake. ,f
PAGE;13 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
(Mayor /Council Report, Continued)
Gaffron stated on Wednesday morning he is to be meeting with the bank that holds the letter of credit on
Creekside and Long Lake City Staff to discuss the issues that development has with Long Lake over city
sewer and water.
McMillan noted the Corn Days Parade is coming up soon and suggested the City Council consider
participating in the parade in some fashion.
CITY ENGINEER'S REPORT
City Engineer Kellogg had nothing to report.
CITY ADMINISTRATOR'S REPORT
11. RESTRUCTURING OF PLANNING AND ZONING DEPARTMENT
Gaffron addressed the City Council regarding the proposed restructuring of the planning and zoning
department, noting that the changes are long overdue. Gaffron expressed a concern that he does not have
a job description for his new position. Gaffron stated that some level of detailed information needs to be •
provided to Staff members on the day the restructuring is effective, and that a clear delineation of who is
reporting to who is required.
Gaffron requested the Council give consideration to the appointment of another staff person to help
address the zoning issues. Gaffron requested some definition be given to what interim basis means for
Melanie Curtis.
Curtis stated she concurs with the comments of Planning Director Gaffron and that she does have a
question on what interim exactly means and that there needs to be a further delineation of the duties and
responsibilities of each staff person.
Bremer noted that Curtis did write her own job description and that there does need to be a job description
for Gaffron as well. Bremer stated it might be necessary that Gaffron simply say at some point that that is
no longer his job and that someone else will need to handle it. Bremer stated she also is unclear on
exactly what interim means and that the City will need to look at the situation over the next few months
and consider making some changes if necessary. Bremer stated the term interim is not a reflection on the
ability of Curtis to do the job but simply because this is a new situation to the City and staff will be going
through a transition period.
Murphy stated he does echo the comments already made and that there does need to be better
communication at city hall among both staff members and Council. Murphy recommended job
descriptions be developed for each position and that Staff and Council will need to work through these
issues as they arise.
White recommended Staff and Council look at the need for additional help over the next few months and •
that the restructuring is a reflection of the confidence that the Council has in the current staff.
PAGE 14 of 17
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ORONO CITY COUNCIL MEETING
Monday,, July 23, 2007
7:00 o'clock p.m.
(Restructuring of Planning and Zoning
McMillan thanked Gaffron for his comments and c
the duties of the assistant city administrator need tc
a form be developed to be used by Curtis which w(,
restructuring transition is going.
Murphy stated job descriptions are absolutely n
extremely detailed. Murphy recommended that
tabling it and have Staff identify the issues that
Rahn stated he would like to see a job description
administrator to ensure that everyone is fully awai
would be assuming.
White recommended City Administrator Moorse a
Continued)
>ncurred that a job description is very important and
be definitively spelled out. McMillan recommended
uld help her gain some feedback on how the
ssary for every position but that they do not have to be
Council take action on this item tonight rather than
id to be further defined as part of the restructuring.
Moorse stated the assistant city administrator posit
identified and that the number one priority is the G
relate to the Comprehensive Plan. Moorse stated C
will no longer be performing.
McMillan stated the administrative role of the
Moorse stated the assistant city administrator
that the primary duties would be long -term st
Murphy moved, Bremer seconded, to approve 1
function to create the position of Assistant City
Planning and Zoning Coordinator; to place the
respectively; to place Mike Gaffron into the poi
Strategy at Step 4 of Level 7; and to place Mela
Zoning Coordinator at Step 3 of Level 5 on an i
Ayes 5, Nays 0.
*12. PART -TEAE COMMUNITY SERVICE
;veloped relatively soon for the assistant city
of the new duties and responsibilities that each person
Gaffron work on a job description.
deals with the strategic issues that have been
)rehensive Plan. The other strategic issues will also
is's job description includes the duties that Gaffron
ant city administrator should be better defined.
fill in for the city administrator when necessary but
planning.
restructuring of the Planning and Zoning
lministrator -Long Term Strategy, and
sitions into the pay plan at Level 7 and Level 5
)n of Assistant City Administrator -Long Term
Curtis into the position of Planning and
!rim basis, effective July 24, 2007. VOTE:
PAY RATE
Murphy moved, Rahn seconded, to approve the pay rate of $12.00 per hour for the position of part -
time community service officer position for 20071 VOTE: Ayes 5, Nays 0.
*13. ACCEPT RESIGNATION OF
Murphy moved, Rahn seconded, to accept the r
effective July 29, 2007. VOTE: Ayes 5, Nays 0.
PA
JAMES MOROWCZYNSIU
:I 15 of 17
I
I
I
of Sergeant James Morowczynski
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 23, 2007
7:00 o'clock p.m.
*14. RECOGNITION OF SERGEANT JAMES MOROWCZYNSKI — RESOLUTION NO.
5641
Murphy moved, Rahn seconded, to adopt RESOUTION NO. 5641, a Resolution Recognizing
Sergeant James Morowczynski for his Twenty -Six Years of Dedicated Service to the City as Police
Sergeant. VOTE: Ayes 5, Nays 0.
*15. ACCEPT DONATION
Murphy moved, Rahn seconded, to accept a $400 memorial/donation from the Lau family. VOTE:
Ayes 5, Nays 0.
*16. REQUEST TO HIRE POLICE OFFICERS
Murphy moved, Rahn seconded, to approve the hiring of Eric Pike as a police officer at a pay rate
of $23.99 per hour with a start date of August 7, 2007. VOTE: Ayes 5, Nays 0.
Murphy moved, Rahn seconded, to approve the hiring of Wilfred (Fred) Vargas as a police officer
at a pay rate of $22.57 per hour with a start date of August 8, 2007. VOTE: Ayes 5, Nays 0.
*17. REPLACEMENT OF DEHUMIDIFICATION UNIT AT NAVARRE WATER •
TREATMENT PLANT
Murphy moved, Rahn seconded, to accept the quote from Owens Companies in the amount of
$17,892, for the replacement of the dehumidification unit at the Navarre Water Treatment Plant.
VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
None
*18. LICENSES & PERMITS
GARBAGE HAULERS
Blackowiak & Son, Inc., Rolloff Service
1195 Sunnyfield Road North
Mound, MN 55364
2. Randy's Sanitation
4351 U.S. Highway 12 SE
Delano, MN 55328
Murphy moved, Rahn seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. 0
PAGE 16 of 17
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday July 23, 2007
7:00 o'clock p.m.
*19. BILLS
Murphy moved, Rahn seconded, to approve pa
Nays 0.
of the All Funds Account. VOTE: Ayes 5,
ADJOURNMENT ;)
Bremer moved, Rahn seconded, to adjourn the 1meeting at 10:02 p.m. VOTE: Ayes 5, Nays 0.
There being no further business, the meeting was adjourned at 10:02 p.m.
ATTEST:
J1-1'e�
S. Vee, City Clerk
ZW
J s M. White, Mayor
PAGE 17 of 17