HomeMy WebLinkAbout08-14-2006 Council Minutes•
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ORONO CITY C
Monday, 2
7:00 of
ROLL
OF THE
fNCIL MEETING
;ust 14, 206
ck p.m.
The Council met on the above - mentioned date with the following members present: Acting Mayor Jim
White, Council Members Jim Murphy and Lih McMillan. Representing Staff were City Administrator
Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner, City
Attorney Joel Jamnik, City Engineer Tom Kellogg, and Recorder Jackie Young.
Acting Mayor White called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Items 6, 13, 16, 17, 18, 19, 20, 21, 22, 23, and 25 wf
Murphy moved, McMillan seconded, to approve
VOTE: Ayes 3, Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF
added to the Consent Agenda.
Consent Agenda as amended.
Y 24, 2006
Murphy moved, McMillan seconded, to approve the minutes of the July 24, 2006 City Council
meeting as submitted. VOTE: Ayes 3, Nays 0.
PRESENTATION
3. 2005 COMPREHENSIVE ANNUAL
Ken Malloy, Auditor, addressed the City Council
stated the management report distributed to the C
internal control issues that were raised in prior au
longer an issue.
CIAL REPORT — KEN MALLOY
irding the audit of the City's finances. Malloy
;il provides a summary of the audit for 2005. The
have been addressed over the years and are no
Malloy indicated they are required to report on compliance with Minnesota state laws and that there was
one item regarding public purpose expenditures that the Council would be dealing with later in the
meeting.
Murphy noted that item has been approved on the Consent Agenda.
Malloy stated there were no other significant areas concerning the City's finances and that the City has a
strong financial base, with property taxes comprising the majority of the City's revenue.
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9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
(2005 Comprehensive Annual Financial Report, Continued)
Malloy commented overall the audit went very smoothly and the City's accounting records are in good
condition.
McMillan inquired what the timeline for the audit should be for next year.
Malloy recommended the audit be commenced sooner in the year, with the audit being completed by the
end of April.
McMillan inquired what the difference is between the designations budget and actual.
Malloy stated in the past cities would amend their budgets throughout the year and the actual
designation reflects what was actually expended versus what was budgeted at the beginning of the year.
Malloy noted the difference between Orono's budgeted amount and the actual amount expended was
$62.00.
PARK COMMMISSION COMMENTS — IRENE SILBER
No Park Commission representative was present.
PLANNING COMMISSION COMMENTS — ROLAND JURGENS, REPRESENTATIVE
Jurgens stated he had nothing to report but would remain for questions.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR'S REPORT
4. #05 -3076 GRADING PLAN REVIEW -1280 SPRUCE PLACE
Jeffrey Gustafson, Contractor; Chris, Superior Design, and Gregory Gustafson, property owner, were
present.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #05 -3076 Grading Plan Review —1280 Spruce
Curtis stated in January 2005, the applicant submitt(
process, revising plans in response to Planning Corr.
building plans and site plan which the Planning Cor
variances for a house with a conditional use permit
to remove a lake access stair and the existing home,
final inspections, Bruce Vang, Orono's building ins
match the grading plan submitted and the hardcover
Continued)
d plans and worked through the variance review
nission concerns. Based on a specific set of
mission found acceptable, lot area and lot width
allow grading within the 0 -75 foot zone in order
were granted in January 2005. At the time of the
sector, noted that the finished site grading did not
level exceeded 25 percent as required.
Today's plan reflects 3,179 square feet or 29.2 percent hardcover within the 75 -250 foot zone where
2,737 or 25 percent was proposed. Per the conditions of the Resolution, Staff is requesting Council
review of the revised proposal for a determination of whether the increases in hardcover are the result of
unforeseen grading issues and are still in keeping with the intent of the variance and CUP approval or if
corrections and hardcover reductions should be mace. The existing hardcover and grading is reflected
on the newly submitted as- built. While the gradingiappears to work, the hardcover exceeds the level
that was approved. The additions in hardcover are essentially boulder retaining walls which were not
originally proposed, but may have been the result of choices in home design, site grading, and
placement of the home on the property, without understanding the ramifications of those choices.
Planning Staff recommends the applicant be refer
consideration and approval of the excess 442 squ
5282 to allow the excess 442 square feet without
Jeffrey Gustafson stated as it relates to 1280 Spru
landscaping, the city engineer, and the building it
order to accommodate the runoff from the adjoini
done. The owner was requested to grant a drainal
appropriately.
Gustafson stated they are over on the hardcover
accomplish proper drainage and grading on the ss
boulder work was done that was not depicted on
to handle some runoff from the property to the s,
to the Planning Commission for after - the -fact
feet hardcover or direct Staff to amend Resolution
:her review.
Place, the landscaper worked with the owner on the
ector on the grading. It was determined that in
residences, some grading and filling had to be
easement, which was done, and the area was graded
that they did what they felt was minimally needed to
On the south side of the property some extra
plan to help divert water away from the house and
Chris stated the driveway was constructed slightly bigger than what was depicted on the plan because
the site plan was very difficult to read. Chris indicated the driveway does not go out to the edge of the
garage and that he constructed the driveway to allow for reasonable access not realizing that it was
wider than what was approved, which did increase the hardcover. Chris commented this site was very
challenging to handle the drainage and that on the north side they were required to stay out of the
drainage easement. As a result, the retaining walls were built close to the house. Chris indicated they
only constructed what was necessary to handle the drainage.
Gustafson stated the drainage plan approved for the neighbor to the north depicted their drainage
remaining on their property, but in reality the drain spouts on the house divert the water towards this
PAGE 3
1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m. •
( #05 -3076 Grading Plan Review —1280 Spruce Place, Continued)
site, which made a drainage easement necessary. Due to the drainage easement, they were then required
to go to a retaining wall system that was not originally contemplated by the previous contractor.
McMillan commented the retaining wall close to the house looks unnatural and inquired why that
retaining wall is necessary.
Gustafson stated the architect determined the grade line and the idea was to fill against the side of the
house. Gustafson stated with the requirement of a ten -foot easement, along with negative drainage for
this site, prompted the need for a retaining wall.
McMillan inquired whether that was an existing grade.
Gregory Gustafson stated he did not want a retaining wall on that end of the house due to the costs
associated with construction. The original plan did not depict a retaining wall in that area. Gustafson
stated after the plans were approved, they were informed about the requirement to have so much of the
foundation covered and that they were required to grant a ten -foot easement. Gustafson indicated they
did speak with the inspector at the time the work was being completed and that they were not aware
they were doing anything inappropriate.
Gregory Gustafson stated the other three retaining walls are depicted on the original plans.
McMillan commented the other retaining walls look like they are cut into the existing elevation and look
more natural.
Jeffrey Gustafson stated they tried very hard to design a house that did not require any variances, and in
comparison to the lot next door, they have less hardcover. Gustafson stated the walls that were for
aesthetic reasons have been removed.
White commented the City takes hardcover limits very seriously and that the amount of hardcover on a
lakeshore lot impacts the quality of the lake as well as the drainage to the neighboring properties.
Jeffrey Gustafson stated the driveway is basically the same width as the garage doors and that a couple
of feet could be removed if necessary.
Murphy expressed a concern that these alterations and changes were made without going through the
proper process. Murphy inquired whether the existing hardcover and grading as reflected on the as -built
really works better than what was originally approved and is necessary. Murphy inquired whether the
Planning Commission should review these changes.
Curtis stated her comment does not imply that the original proposed grading would not work.
Jeffrey Gustafson stated at the time they felt they graded it appropriately. Gustafson demonstrated
where the existing house, retaining walls, and steps were located. Gustafson stated the original house,
PAGE 4
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ORONO CITY C
Monday, E
7:00 o'
( #05 -3076 Grading Plan Review —1280 Spruce PI
retaining walls and steps were torn out, with the
the two retaining walls were removed, the two bE
new retaining walls and dirt was hauled in. Gust
excessive dirt to fill in an area that was used as a
Murphy stated all the changes discussed tonight
Gregory Gustafson stated the original approval requ
0 -75 foot zone, which was done, and the area was fi
the City's requirement was to fill in the area next to
retaining wall.
McMillan inquired whether the house would be too
Gregory Gustafson stated it would not be. Gustafsi
the house because 60 percent of the foundation of t
that helped to create a very unnatural looking area,
require a retaining wall. Gustafson stated the City'
the rest of the lot. Gustafson noted he was in Florii
McMillan inquired whether someone is allowed to
Curtis stated Staff has recently clarified the interpre
against a house in an effort to create a third story is
depicting the slope against the house would have w
addition, the retaining wall on the walkout side waE
worked.
McMillan stated both of the retaining walls look
provide more lighting for the walkout level.
White inquired how the hardcover could be
Chris indicated the driveway could be reduced.
Jeffrey Gustafson stated he could reduce the dri
White stated the Council cannot allow contractors
through the proper process.
OF THE
INCIL MEETING
rust 14, 206
ck p.m.
Continued)
-over in the 0 -75 foot zone being removed. Once
had to be sloped in order to eliminate the need for
n stated they did not feel they were hauling in
ip by the previous owner.
not in the original approval.
all of the structure to be removed within the
in to slope down to the lake. Gustafson stated
house and that he would prefer not to have a
if the fill were removed.
i stated the City required that fill be added against
house had to have dirt against it. Gustafson stated
id he was told that the area was too steep and would
requirement created a berm that does not fit in with
i at the time the work was completed.
create by using fill a walkout level.
:ation of the code and that artificial fill placed
io longer allowed. Curtis indicated the original plan
irked and was reviewed by the City Engineer. In
shown on the original approval and would have also
they were designed to accommodate a window and
to 630 square feet.
change the plans that were approved without going
Murphy requested the building inspector provide his insight on the situation.
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PAGE 5
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #05 -3076 Grading Plan Review —1280 Spruce Place, Continued)
Vang stated his comment regarding the retaining wall was that they should have them located at least
five feet from the property line and that he did not review a plan to see whether they were depicted.
Vang stated in his opinion the driveway should be reduced and the retaining walls on the north side
could be lessened considerably and the walls on the lakeside of the lake could perhaps be increased
slightly.
Gregory Gustafson stated he understands what the Council has said and that it was not his intention to
change his plans midstream without the proper approval. Gustafson noted Jeffrey Gustafson did not
have anything to do with the planning. Gustafson stated this situation is unfortunate and that he is more
than willing to work with Staff to resolve this matter. Gustafson stated the omission of the staircase was
an oversight.
Murphy stated the simple answer is to remove 442 square feet of excess hardcover to get it down to
what was approved. Murphy inquired whether that could be accomplished through a reduction in the
driveway.
Chris stated a considerable number of boulders would need to be removed.
•
Gregory Gustafson stated the builder was not aware that only 60 percent of the wall had to be filled and
that some of that fill could be removed. 0
Murphy recommended Staff be directed to work with the applicant to reduce the hardcover as much as
possible to comply with the hardcover that was originally approved.
White stated if Staff is unable to resolve this situation, the matter could be brought back before the
Council.
Murphy moved, McMillan seconded, Application #05 -3076, 1280 Spruce Place, to direct Staff to
work with the applicant to reduce the hardcover as much as possible to "comply with the
hardcover that was originally approved in Resolution 5282. VOTE: Ayes 3, Nays 0.
5. #05 -3141 GRADING PLAN REVIEW — 4203 NORTH SHORE DRIVE
Jeffrey Gustafson, Contractor, and Chris, Superior Design, were present.
Curtis stated this property received approvals in September 2005 for lot area and lot width variances and
a conditional use permit to allow approximately 770 cubic yards of grading within the area between the
75 -foot setback to the street. At the time of the final inspections, Bruce Vang, Orono's building
inspector, noted that the finished site grading did not match the grading plan submitted for variance and
conditional use permit. 0
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ORONO CITY C
Monday, �
7:00 o'
( #05 -3141 Grading Plan Review — 4203 North
OF THE
fNCIL MEETING
;ust 14, 206
ek p.m.
Drive
Today's as -built plan reflects approximately 980 cubic yards of grading. Per the conditions of the
Resolution, Staff is requesting Council review of the revised proposal for a determination of whether the
revisions are still in keeping with the intent of the variance and CUP approval. The existing grading as
reflected on the newly submitted as- built, while it exceeds the level of approved grading by
approximately 210 cubic yards, may be more appropriate for the site. The 2005 approved plans did not
adequately address the drainage concerns of the neighboring property owners, necessary minimal
grading within the 75 -foot setback zone, nor did the iplans reflect the amount of buried debris the
applicant found and removed from the site.
Planning Staff recommends the Council review the
approved plans, and provide Staff with direction re;
the intent and spirit of the variances approved in 2C
the applicant should submit an after - the -fact condit
Gustafson stated originally the property owners sha;
and they elected to remove the circular driveway to
drainage concerns that were discussed during the aI
determined that the drainage area that drained into t
concluded less water would drain onto her property
the City Engineer on verifying the drainage that the
not want any water to come onto her property. Add
to help lessen the runoff onto the neighbor's proper
between the house and the lot line and down to the
cubic yards of additional fill to help with the draina
property line.
Gustafson indicated he met with Tom Kellogg on
was aware that he was hauling in some additional
excess grade was removed, and no water is divert
White stated he would like to address the
Gustafson stated there is also a 30 -foot sewer easer
they gave the city an easement for the sewer. That
to the side.
Chris stated he constructed the stairway and that
stated the existing stairway was approximately fi
having a straight stairway going down, he propo;
that he was told by Staff he was allowed to have
the need for a permit until the building inspector
constructed.
ent plans, compare them to the originally
ing whether the new proposal is in keeping with
Additionally, Council should determine whether
l use permit application.
d a driveway, which was an unrecorded easement,
liminate the shared driveway. There were some
roval process and the applicant's drainage engineer
neighbor's was reduced by 22 percent. It was
ian before. Gustafson indicated they worked with
proposed and the neighbor then indicated she did
ional drainage work was done further to the north
with the drainage being designed to run down
ke. Gustafson stated they hauled in about 200
and that evergreen trees were planted along the
site while the work was being completed and he
1. Gustafson stated once it was all graded, the
to the adjoining property.
and the stairway.
that was not identified on any city plans and that
;r easement resulted in the house being pushed
has not dealt with the City of Orono before. Chris
feet wide and amounted to 20 steps. To avoid
to have a landing between two flights of stairs and
four -foot landings. Chris stated he did not realize
ormed him of that requirement after the stairs were
PAGE 7
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
( #05 -3141 Grading Plan Review — 4203 North Shore Drive, Continued)
White commented the stairway looks very nice and are an improvement to the property but that a permit
was necessary prior to the work being undertaken.
Gustafson stated the stairway is depicted on the as -built survey and was discussed with Staff, which led
the landscape architect to believe that he was in compliance. Gustafson stated a fountain is going to be
installed near the driveway.
Curtis stated that area was left blank on the survey and that the fountain is not included in the hardcover.
Chris stated the fountain would add approximately three square feet of hardcover.
Murphy inquired whether the stairway that was built would likely have been approved.
Curtis stated it would have been.
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Vang stated one issue is because the amount of fill was in excess of what was approved, a majority of
the lot is now higher than the other two adjoining lots. Vang stated the drainage is probably better now
but that it is likely the two adjoining properties will request some additional fill be brought in to bring
their elevation up to this lot. •
Kellogg stated he did meet last fall with Jeff Gustafson and the neighbor regarding the drainage. The
applicant submitted some drainage calculations and the drainage area and not the drainage off the site
was reduced by 22 percent. Kellogg stated he is comfortable with the drainage on this site and that he
did discuss with the neighbor some steps she could take to resolve some of her drainage problems.
Kellogg stated the additional fill was not discussed with him and that the discussion centered around
moving the existing dirt around on the site. Kellogg stated he is comfortable that the drainage on this
site does work and does not divert water onto the neighboring properties. Kellogg noted he has not
viewed the stairs since they were constructed.
Curtis stated the stairs would require an after - the -fact conditional use permit since it involved grading.
McMillan inquired about whether they have encountered any erosion problems.
Chris stated they have not and that they have planted a number of plants in that area.
McMillan inquired whether there is a railing on the deck.
Gustafson stated the railing is scheduled to be constructed this week.
Murphy concurred a landing between the two flights of stairs is appropriate rather than a straight shot
down to the lake.
PAGE 8
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
( #05 -3141 Grading Plan Review — 4203 North
Vang stated the stairs down to the lake are
were constructed more into the ground and
McMillan moved, Murphy seconded,
the applicant submit an after - the -fact
Nays 0.
*6. #05 -3161 LOREN FRITZ, 3856
RESOLUTION NO. 5493
Drive, Continued)
approved with a building permit but that these stairs
some grading.
#05 -3141, 4203 North Shore Drive, to require
use permit for the stairway. VOTE: Ayes 3,
SHORE DRIVE — FINAL PLAT —
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5493, a Resolution approving
the plat of Sherri Lakeview Estates and to authorize the Mayor and City Clerk to execute the
appropriate documents. VOTE: Ayes 3, Nays 0.
7. #06 -3180 BRUCE SCHMITT ON BEHALF OF WILLIAM ULRICH, 2280 FRENCH
CREEK CIRCLE — VARIANCE 11
Bruce Schmitt, Architect, and Mary Ulrich, Applicant, were present.
Gaffron stated the applicant is requesting a lakeshore setback variance to construct an addition to the
existing residence to be located 110 feet from the shoreline of French Lake where a 150 -foot setback is
normally required. An average lakeshore setback variance is also technically required. In 1992, Orono
adopted its Shoreland Ordinance pursuant to requirements of the MN DNR, which defined French Lake
as a natural Environment Lake, requiring a 150 -foot setback for structures from the ordinary high water
level. The house was constructed prior to 1992 and is legally nonconforming. The Council has since
then granted a number of variances for additions t existing nonconforming residences around French
Lake.
The Planning Commission has reviewed this application and voted 3 -2 to deny the lakeshore setback
variance and suggested the plans be revised to help screen the addition from the views from the lake.
The applicant has requested that his application be,forwarded to the Council.
Gaffron noted the 60/120 day review period ends on Tuesday, August 15, and that the applicant should
be requested to provide an extension if approval is not granted tonight.
Murphy inquired what the appropriate screening methods might consist of.
P
9
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #06 -3180 Bruce Schmitt on behalf of William Ulrich, Continued)
Gaffron stated it could consist of planting of trees along the lakeside of the house. Gaffron stated the
concern expressed by the Planning Commission were the views from across the lake and that this
addition would not have an impact on the adjacent neighbors. .
Murphy stated based on the history of this area, the fact this is a complicated piece of property, and that
he does not feel there is a problem with the views from across the lake, he personally does not have a
problem with what is being proposed here tonight. Murphy inquired whether the applicant should work
with Staff on the appropriate screening.
Gaffron stated no attempt has been made by the applicant between the Planning Commission meeting
and tonight's Council meeting to discuss the screening. Gaffron recommended that the applicant be
directed to work with Staff on appropriate screening if the Council feels it is necessary.
White commented he also does not have a problem with the application given the location of the lot but
that some screening of the addition would be nice improvement.
McMillan concurred with White and Murphy, noting the majority of the house is located within the
75 -250 foot area and that the deck is actually closer to the lake than this addition would be. McMillan
noted in other similar situations they have allowed additions on homes to be constructed in this area.
McMillan commented some screening of the addition would be nice.
Jamnik inquired whether the Council would like to see a landscape plan prior to approval.
White suggested Council approval be subject to Staff review of a landscape plan.
Jamnik suggested the motion be subject to city engineer and septic inspector recommendations and
submission of a landscape plan to be reviewed and approved by Staff. Jamnik stated no extension of the
review period would then be necessary.
Murphy moved, McMillan seconded, Application #06 -3180, Bruce Schmitt on behalf of William
Ulrich, 2280 French Creek Circle, to direct Staff to draft a resolution approving a lakeshore
setback variance and an average lakeshore setback variance, subject to review and approval of a
landscape plan by Staff, and further subject to compliance with the recommendations of the City
Engineer and septic inspector. VOTE: Ayes 3, Nays 0.
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ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
8. #06 -3201 DAVID CARLSON OF WILSON MANAGEMENT FOR CHARLIE
THOMPSON, 875 WAYZATA BOULEVARD WEST — COMPREHENSIVE PLAN
AMENDMENT
David Carlson, Applicant, was present.
White commented the comprehensive plan amendment language appears to be very thorough.
Gaffron stated the applicant has raised a question regarding the first unit on the left, which is in a
location that will not have a basement, and that their intent is to have the first story and a second story
that will have rooms within the roof system, perhaps some dormers, but not a full second story. The
applicant is questioning whether the language would prohibit a full second story. Gaffron stated he
could change the language to allow that specific unit to have a full second story or include language
pertaining to a story and a half. . I
White and Murphy indicated they are not opposed to that change.
Gaffron indicated he would change the language tol allow that specific unit to have the second story.
Carlson stated they do not want to go beyond the plate line with the sidewalls, but they may need to
increase the pitch of the roof. Carlson depicted theI side elevations and demonstrated how they would
like to keep a one -story look but add some attic trusses for an extra room. Carlson stated there could be
a window dormer over the garage and one other location on one side of the house.
McMillan inquired whether there were any fire
is constructed without windows.
Carlson stated the access is through the house.
issues that would need to be addressed if that room
White stated he would have to have a window in that room.
Murphy inquired whether the item before the co
to look at the overall plans for the development.
Gaffron stated action on the comprehensive plan ai
stated as long as the applicant proposes rooms that
be within the guidelines contained in the comprehe
review the plans with the applicant to ensure that h
amendment.
McMillan inquired whether other units would ha
Gaffron stated the first house in would need to be
system.
is to send in a comprehensive plan amendment or
:ndment is all that is required tonight. Gaffron
ill meet the definition of a story and half, it would
ive plan amendment. Gaffron stated he would
plans comply with the comprehensive plan
the added room.
PAGE 11
to one -story, with rooms within the roof
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
( #06 -3201 David Carlson, Continued)
Carlson stated he would like to have that flexibility with that unit.
Murphy commented he does not want to see the remaining buildings changed from what was originally
proposed.
Moorse inquired whether the Council would like to see a limit put on the pitch of the roof.
Murphy stated he does not have a problem with an occasional dormer but that he does not want to see
the pitch of the roof increased on the other units. Murphy inquired whether the language in the
comprehensive plan amendment should address the pitch of the roof.
Gaffron stated since this is a residential planned unit development, the Council would have another
opportunity to review the plans.
Murphy inquired whether the applicant is clear on the direction of the Council.
Carlson stated he is. Carlson commented that it appears it is going to take longer to go through the
approval process than what was originally -contemplated and inquired whether approval could be •
contingent upon Metropolitan Council approval.
Gaffron stated in his opinion he would like to have the approval of the Metropolitan Council prior to
proceeding any further on the application because the Metropolitan Council could attach certain
conditions to the approval that the City does not anticipate.
McMillan inquired whether the language on page three relating to the number of stories would be
changed then.
Gaffron stated in his opinion that language does not need to be changed and that the Council would have
other opportunities to refine that language as the application goes through the approval process.
Murphy moved, McMillan seconded, Application #06 -06 -3201, David Carlson of Wilson
Management for Charlie Thompson, 875 Wayzata Boulevard West, to conditionally approve the
2000 -2020 Comprehensive Plan Amendment #3 subject to Metropolitan Council review and
approval, and to direct staff to submit the amendment to Metropolitan Council. VOTE: Ayes 3,
Nays 0.
Gaffron noted this application would appear before the Planning Commission at their August meeting.
Jamnik noted that a four - fifths vote is required to approve the comprehensive plan amendment.
Gaffron stated this item would then need to come back before the Council in two weeks.
Murphy moved, McMillan seconded, to reconsider the above motion.
PAGE 12
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ORONO CITY (
Monday, .
7:00 o
( #06 -3201 David Carlson, Continued).
VOTE: Ayes 3, Nays 0.
Murphy moved, McMillan seconded, to withd
Comprehensive Plan Amendment #3. VOTE:
Jamnik noted a written extension is required from
Murphy moved, McMillan seconded, to table
Management for Charlie Thompson, 875 Wa
submitting a written extension to the review 1
9. #06 -3204 CHAD M. LINDBLOOM, 2
Mark Warren, Warren Home Restorations, was
Curtis stated this application was before the Cour
applicant to revise their plans and their request. '
garage addition and a detached accessory storage
private road outlot which requires a 50 -foot side!
requesting a 10 -foot variance to allow the constrL,
the east lot line rather than the required 50 feet.
Planning Staff feels the applicants have responded
would recommend approval of the 40 -foot side stri
a resolution reflecting the Council's decision.
Murphy inquired whether the septic issues have
OF THE
rNCIL MEETING
;ust 14, 206
ck p.m.
the motion giving conditional approval of
es 3, Nays 0.
applicant extending the review period.
lication #06 -3201, David Carlson of Wilson
t Boulevard West, subject to the applicant
d. VOTE: Ayes 3, Nays 0.
RAINEY ROAD — VARIANCE
at their July meeting, with the Council directing the
applicants originally proposed to construct a
lding on the east side of their property abutting a
A setback for structures. The applicants are now
►n of the home addition to be located 40 feet from
good faith to the City Council's direction and
setback for this project and to direct Staff to draft
resolved.
Curtis stated the City is not requiring the applicants to relocate the septic system but are recommending
that the applicants consider relocating it.
Warren stated there is an alternate site available
McMillan moved, Murphy seconded, Applicat
Road, to direct Staff to draft a resolution appr
home addition on the property located at 2690
the house.
#06 -3204, Chad M. Lindbloom, 2690 Rainey
ig a 10 -foot variance to allow construction of a
iney Road. VOTE: Ayes 3, Nays 0.
PAGE 13
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
10. #06 -3208 RYAN COMPANIES US, INC., ON BEHALF OF VCI CAPITAL, 2765
WAYZATA BOULEVARD WEST — SUBDIVISION AND COMMERCIAL SITE PLAN
REVIEW
Genevie McJilton, Mark Nordland, and Jeff Kupka of Ryan Companies and Steve Swanke from RLK
were present.
Nordland addressed the City Council regarding the application by the Ryan Companies. Nordland
noted this application has appeared before the City Council on prior occasions and that they have further
revised their plan to address the concerns discussed at the last meeting.
Nordland indicated as it relates to the right -of -way variance, Ryan originally requested a 50 -foot right -
of -way with the City requesting a 70 -foot right -of -way. The Planning Commission had recommended a
right -of -way of 60 feet. Nordland indicated they are able to make the 60 -foot right -of -way work by
angling the parking, with 24 feet of green space left on either side of the paving section. Ten feet of the
green space would be part of the setback. Ample green space would be provided on either side of the
street. Nordland noted some green space is being eliminated on the south end of the existing facility
and is a good compromise to the issue. The City Engineer has agreed that this is an acceptable solution.
Nordland stated as it concerns drainage, the City Engineer is currently in the process of surveying
Kenobi Pond to ensure adequate capacity. •
Murphy inquired how the work is progressing on Kenobi Pond.
Kellogg indicated they are anticipating approximately two weeks before the work is completed.
Nordland stated they are assuming the City's study will verify that the pond has the adequate capacity
and that they are willing to work with the City on the drainage for the site.
Murphy stated it was his understanding that Morrie's Automotive has experienced some significant
saturation conditions in the past and that this issue should be addressed in the near future. Murphy
stated they would not know the extent of that saturation until the work on the Kenobi Pond is
completed.
Nordland stated Ryan is agreeable to working with the engineers and Staff to help resolve that drainage
temporarily and that the work would be undertaken at the time the first building is constructed.
Nordland stated in response to Council's concerns, some revised landscaping plans have been submitted
whith include some additional landscaping along Highway 12.
Nordland indicated it is his understanding the striping plan meets the City's requirements.
Kellogg stated the conclusion is that an additional four feet of pavement is needed on the west side for a
shoulder and that he has not received an answer yet on whether there is enough distance between the
bridge and the turn lane. 0
PAGE 14
0
•
1i
ORONO CITY C
Monday,
7:00 o'
( #06 -3208 Ryan Companies, Continued)
Turner stated she should receive an answer on that
Nordland commented he is confident that issue wi
with the recommendation that the water line shoul
property to complete the loop for the area but that
since it benefits a number of other sites.
Murphy inquired which properties would be
Kellogg stated the City undertook a water main p.
industrial park located on the south side of Highm
existing crossings that were aging and were in nei
a 12 -inch line to the south and to the east but that
building on this site.
Kellogg stated the intention was to abandon that
applicant to extend the water main westerly and
connect to the existing eight -inch water main. K
quality and to ensure adequate fire protection.
Nordland stated everyone that is located on the loc
supports the work but feels it is a City project. Ni
Old Crystal Bay Road and Highway 12 to complet
be a shared project with the other property owners
OF THE
INCIL MEETING
ust 14, 206
ck p.m.
in a couple of days.
be resolved. Nordland stated they are in agreement
be continued under Old Crystal Bay Road and their
Ley feel the work off site should be a City project
by that work.
ect last year to provide adequate water supply to the
12. Kellogg stated there were two eight -inch
of replacement. Those crossings were replaced with
old crossing exists to the east of the existing
line at some point and that they are asking the
herly at the intersection of Old Crystal Bay Road to
gg stated the loop is required to improve water
would benefit from that work and that Ryan
dland stated the extension of the water main under
the loop would be off site improvements and should
McMillan inquired how many fire hydrants would be located on Highway 12.
Turner stated there would be multiple hydrants.
Nordland stated they would assume 100 percent
but that the costs for the other work should be be
ie costs for the work completed on their property
by the other properties or the City.
Kellogg inquired how the City handled the Stone Bay water main. Kellogg stated Stone Bay was
required to bring the water main easterly on Kelley Parkway and down to Highway 12.
Gaffron stated one sewer connection was between
recall the specifics of that project. Gaffron stated
responsible for making the crossings to Highway
the City has handled that situation in the past.
Nordland stated typically that burden to complete
ighway 12• and Kelley Parkway but that he does not
question is whether Ryan Companies should be
to complete the loop and that he is unaware of how
loop falls on the last property to be developed.
PAGE 15
MINUTES OF TIIE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
( #06 -3208 Ryan Companies, Continued)
Kellogg stated in his view it is Ryan's responsibility to extend it through their site but not necessarily to
make the connection.
Murphy inquired whether this work was mentioned in the paperwork that the Council received.
Kellogg indicated this item has been verbally discussed with the applicant's engineer but was just put
into writing last week.
Murphy recommended some further research be done on this item.
McMillan noted the existing building has proof of parking for 235 stalls but does not have any proposed .
or required parking.
Nordland stated the proof of parking depicts the maximum amount of parking available on the site but
that the actual number of stalls constructed would depend on the use of the building.
•
Murphy inquired whether Nordland has seen the letter from the Hennepin County Transportation
Department regarding the access.
•
Nordland stated he has not had an opportunity to review the letter but that they would prefer to wait
with that work until the median is installed on Highway 12 and the access is converted to a right -
in/right -out.
Gaffron stated his understanding of the letter is that Grube from the Hennepin County Transportation
Department is recommending that the driveways be combined immediately and that the committee who
has been studying this issue has suggested that the work is not critical until the median is constructed
and Western Steel no longer has full access to their site.
Nordland stated under the existing circumstances they would prefer to leave it as is.
Murphy stated he attended a meeting with Mr. Grube a couple of weeks ago and they are now looking at
a time frame of 10 to 15 years for the turn back. Murphy stated as development occurs on this property,
the City will continue to look at this site and do the work at the appropriate time depending on the
development of the property.
Nordland indicated they are agreeable to doing the work at the time the median is constructed if the
work is not completed prior to then.
McMillan commented she would like the work to be done prior to the time the site is completely
developed. McMillan inquired whether Western Steel would have another access.
Gaffron stated the intent is that Western Steel's existing access would go away once the median is
constructed and that this work would need to be done prior to the time the median is constructed.
PAGE 16
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #06 -3208 Ryan Companies, Continued)
Gaffron recommended that prior to completion of the approval process, access to Western Steel should
be clearly delineated. Gaffron noted that access for Western Steel would have to be provided through
the Ryan site.
Nordland expressed a concern that their approval is'being tied to granting easements for roads that do
not currently exist and that they are dealing with circumstances that could change in the future.
Gaffron reiterated that access to the Western Steel site should be clearly spelled out prior to final
approval being granted.
Murphy inquired whether Building A would ever be sold off.
Nordland stated there could be a scenario where Building A is sold off but their general intention is to
lease the building and complete the improvements prior to any sale.
Gaffron stated by the same argument that the City is requiring a right -of -way across the Ryan property,
the City is also suggesting that access needs to be provided to the other industrial park property as part
of the platting process. Gaffron stated in his opinion that future access should be dealt with as part of
this process.
Nordland questioned who would build it and maintain it and that there are a number of logistics, which
are unknown at this time, that are involved in negotiating that type of agreement. Nordland expressed
surprise that this issue was not discussed earlier. I
Gaffron stated from the start the City has stated th
shared with Western Steel. Gaffron stated it is ree
Companies to provide that access sometime in the
Nordland stated they have attempted to accommo
requirement to construct additional roads through
would need to be a right - in/right -out that would be
cable for the City to require a commitment by Ryan
all the requests made of them but that the
property is an unfair burden.
Gaffron stated it would not be reasonable for the City to approve a site plan for this property that does
not accommodate the future access needs of the Western Steel site. Gaffron stated if this issue is not
dealt with now, it would be more difficult to deal with it later.
McMillan stated one of the improvements on High,
location which would create a right - in/right -out.
White stated there is no disagreement that the
Gaffron pointed out Western Steel's property is
option of providing access through Morrie's Au
12 is the construction of the median at that
would be a public roadway.
close to that road. Gaffron stated there is also the
otive but at this time Morrie's Automotive is not
PAGE 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
( #06 -3208 Ryan Companies, Continued)
developing the remainder of their property. Gaffron stated this is an opportunity for the City to deal
with the access issue while the Ryan site is being developed.
Murphy inquired whether Ryan's commitment would end at their property line.
Gaffron stated it is his understanding that Ryan is suggesting that their responsibility ends with
providing a right - in/right -out.
Nordland stated in his opinion the requirement that a full agreement be reached prior to receiving
approval on their project is unreasonable given the number of issues that are involved.
Murphy commented the applicant does not have control over what Mn/Dot would do in the future but
that the City cannot leave a property located in the industrial district to be isolated.
Gaffron stated as soon as the median is constructed, there would only be a right- in/right -out.
0
Murphy stated at the time the median is completed, it would be Ryan's obligation to provide access for
Western Steel. 0
Nordland stated the P ublic roadway could be made available to Western Steel but that Western Steel
does not have access to that roadway.
Murphy commented that would be Western Steel's issue.
Gaffron stated the City and the County would be forcing that issue on Western Steel and that in his
opinion this application is one opportunity for the City and the County to have a commitment from
Ryan Companies to allow for access by Western Steel to the public street. Gaffron noted he is not
looking for a specific access but merely a commitment by Ryan Companies to provide that at some
point in the future.
McMillan stated currently Western Steel has full access and could potentially be landlocked once the
median is constructed.
Murphy stated Western Steel could gain access via the roadway that is being constructed by Ryan
Companies.
Nordland stated that roadway does not abut Western Steel property and is surrounded by Morrie's
Automotive property.
White commented it is difficult to require Ryan Companies to commit to something when there are a
number of unknowns.
McMillan inquired whether the existing trail on Old Crystal Bay Road would remain as is.
PAGE 18
ORONO CITY C,
Monday, A
7:00 o'
( #06 -3208 Ryan Companies, Continued)
Turner indicated it would.
McMillan commented she sees a lot of value to
Nordland inquired whether there is a walking path
McMillan stated that walking path is pretty far rem
make sense to have a sidewalk on the south side of
the west.
Kellogg suggested mirroring on the south side of
of Highway 12 concerning trails.
Murphy expressed a concern that access to the
in the Highway 12 plans.
Turner stated Staff could look at some language
access to the Western Steel site.
Nordland stated the number of unknowns make it
White inquired whether Western Steel is aware of
OF THE
TNCIL MEETING
;ust 14, 206
ck p.m.
a sidewalk along the south side of Highway 12.
Kelley Parkway.
from Highway 12. McMillan stated it would
wav 12 to accommodate the residential area to
way 12 whatever is provided for on the north side
of the Western Steel site was not incorporated
could be incorporated in the resolution providing
t to negotiate an agreement.
issue.
Gaffron stated a representative of Western Steel appeared at one of the initial hearings but has not been
present at any of the following hearings. Gaffron noted the Western Steel property is currently up for
sale. I
The Council directed Staff to draft a resolution approving the application per tonight's discussion.
11. #06 -3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF
WILLOW DRIVE NORTH AND HIGHWAY 1,2) — COMMERCIAL SITE PLAN REVIEW
AND COMPREHENSIVE PLAN AMENDMENT
Josh Kerznack and Sara Malin, Hempel Properties; and Jeff Wrede, Architect with Tuschie Montomery
Architects, was present.
Gaff= stated the applicants are proposing a commercial retail /office development on Outlot A of
Stonebay. The proposal requires a minor amendment of the Comprehensive Plan, which was originally
amended on June 14, 2004, to allow defined levels! and types of retail uses at this specific property, and
which the applicants hope to have revised. The application involves a PUD rezoning process and a
PAGE 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #06 -3212 Hempel Properties, Continued)
commercial site plan review. The proposal further requires a subdivision to convert Outlot A to one or
more buildable lots.
Since the Planning Commission review of the application, the applicants have revised their proposal
from two identical two -story 15,000 square foot office- over - retail buildings to a proposed 30,000 square
foot two -story medical office building plus an 11,000 square foot one -story retail building.
Gaffron stated the amendment to the Orono Community Management Plan expanded the allowed uses
to include a limited and defined level of retail use in addition to the previously guided office uses. The
amendment re- guides Outlot A of Stonebay to additionally allow for neighborhood -scale retail uses, as
an alterative to the office use for which it is currently guided. The definition of "neighborhood -scale
retail uses" for Outlot A includes the following parameters that must be adhered to for any retail use
developed and maintained on the property:
1. No individual buildings greater than 15,000 square feet gross floor area.
2. One building must be a pharmacy /convenience store.
3. The remaining buildings shall have no individual tenant space greater than 7,000 square feet. •
4. The most westerly building on the site shall be oriented and designed in a manner that focuses
on the regional pond as an amenity for customers or tenants.
5. Buildings on the site shall be oriented with a goal of providing an inviting vehicle and
pedestrian entry from Kelley Parkway without creating negative visual impacts for the Stonebay
residential development.
6. Architectural design and details shall be carefully prepared by any developer of the site to
ensure a high quality of design, compatible with the quality of the office buildings on Kelley
Parkway, and shall be subject to City approval through the PUD process.
7. Building materials shall be high quality and durable, shall be compatible with the quality of the
office buildings on Kelley Parkway, and shall be subject to City approval through the PUD
process.
Planning Staff recommends that the applicant discuss the uses of this site with the Council and whether
some comprehensive plan changes are necessary. A site plan has been developed for the site.
Kerznack gave a brief overview of the nature of Hempel Properties. Kerznack stated they have revised
their plans to now include a medical office building.
Dick Zerning stated for the last eight to ten years, they have specialized in the construction of high -
quality, first -class medical office buildings in the Twin Cities area. Zerning stated their typical 0
PAGE 20
ORONO CITY (
Monday, .
7:00 o
( #06 -3212 Hempel Properties, Continued)
buildings are 30,000 to 50,000 square feet. In their
prototype. Zeming indicated this would not be an i
traffic to the facility and that the buildings are desi€
Murphy inquired what the typical medial service we
Zerning stated it could be a large dermatology
dentist office.
OF THE
rNCIL MEETING
;ust 14, 206
ck p.m.
inion this project represents a very successful new
ent Care Clinic so there would not be evening
d to be pollution free.
be that would utilize this type of facility.
orthopedic group, orthodontist or family - practice
Murphy pointed out there is another structure close fo this site that provides the same basic type of use.
Zeming commented in his opinion they have a
the structure.
McMillan inquired how much turnover there is in
Zeming stated the typical leases are ten or seven
with little turnover.
McMillan inquired whether there are any concerns
Wayzata.
Zerning stated they would fill the buildings with
building will be medically- oriented businesses.
Wrede stated the layout of the two proposed buildi
for a central entryway off of Kelley Parkway. Wre
Willow Drive cannot be located further south beca
cannot be located further north because it would re
considerable landscaping between this site and the
McMillan commented that this is a difficult site to
amount of parking.
Wreda stated they did consider a number of other
layout works the best. Wrede noted this layout al
restaurant with an outdoor patio overlooking the i
requested the building be located closer to the poi
White inquired whether there would be windows
Wrede stated there would be windows all around
suggested the ponding in the corner.
product and there is a strong enough market to fill
other buildings.
leases and that the tenants tend to be long -term
competition from the medical building in
professional tenants but that the main focus of the
helps to lessen the massing on the site and allows
indicated the right - in/right -out coming onto
it would cause stacking problems and that it
t in a U -turn. Wrede noted they have provided
idential area.
but that visually there appears to be a large
ions for the buildings but that in their opinion this
for parking in front of the building and a
Lin. Wrede noted the Planning Commission
around the building.
building. Wrede stated the Planning Commission
PAGE 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #06 -3212 Hempel Properties, Continued)
McMillan inquired how much additional parking would be required if a second story were added.
Wrede stated 62.5 stalls would be required.
White inquired what type of retail the developer is considering for this site.
Kerznack stated they have a hair salon and a dry-'cleaner and a sandwich shop that have expressed
interest.
Gaffron expressed a concern regarding the orientation of the office building and the windows. Gaffron
stated one of the goals is to lessen bright lights toward the northwest and that screening would be
critical. Gaffron indicated he likes the orientation of the retail building and recommended that the
majority of the parking be located away from the residential side.
Gaffron indicated he does not see parking as an issue given the proposed uses, but recommended
limiting the amount of office space that could be converted to retail in the future.
•
White stated he prefers the office concept rather than a 24 -hour pharmacy for this site and that he would •
like to see long -term tenants. White suggested some trees be incorporated in the plan rather than the
ponding. White recommended high - efficiency lighting also be incorporated in the plans.
Gaffron suggested the Council discuss the concerns raised by the neighbors at the Planning Commission
meeting. Gaffron stated he is unsure whether the neighbors have seen the latest revisions but that the
comments expressed by the neighbors at the Planning Commission meeting indicated they thought there
would be a different type of development for this site than what is being proposed.
Moorse indicated he also prefers office space rather than retail space. Moorse expressed concern that
there would be a larger turnover of tenants in the retail space and questioned whether the retail portion is
necessary.
Kerznack stated the office tenants like to have a sandwich shop and other similar service- oriented
businesses close by and that the retail is a good compliment to the office component. Kerznack
expressed a concern increasing the medical component.
Zeming stated it is possible to increase the medical component but that the strategy is to create a
neighborhood center that includes medical and retail because they interact with each other. Studies have
shown over the years that people who visit the medical facilities also do some retail shopping at the
same time and that the two uses compliment each other.
McMillan stated one of the constraints to the lot is the right- in/right -out and locating the buildings in
relation to that access. McMillan commented in her view the retail portion has not been well thought
out.
PAGE 22
•
0
ORONO CITY C
Monday, �
. 7:00 0'
( #06 -3212 Hempel Properties, Continued)
Murphy commented the office building is a nice ac
another medical building in close proximity to this
more oriented toward the residents in the adjacent
retail building is very similar to the building that ,,A
Murphy suggested the applicants consider different
somewhat unique to what currently exists in the are
McMillan concurred that the design of the retail bu
a desire that other tenants be found other than your
Murphy stated he envisioned some ancillary retail
requires someone to drive to this area.
White commented that the retail component cannot
the proposal has some of the elements that the Coui
a different design on the retail building.
Moorse inquired whether one building would be
Kerznack stated they have constructed a building
Council is discussing. Kerznack stated that buildi
suggested but that those types of tenants typically
up in bankruptcy. Kerznack stated it is necessary
with the more unique tenants to help bring people
McMillan stated she has a concern with the two-!
neighborhood should be taken into consideration
OF THE
rNCIL MEETING
rust 14, 206
ck p.m.
lion to the site but expressed concern that there is
:e. Murphy stated in his view the retail should be
ghborhood. Murphy expressed concern that this
just recently constructed in Long Lake.
for the retail component that would be
could be more inspiring. McMillan expressed
.1 chains and Subway type stores.
support the office component but not retail that
be supported by the office component and that
is looking for. White stated he would like to see
in Ostego, Minnesota, that is similar to what the
had the more unique tenants that the Council
not have much business experience and tend to end
have the nationally recognized tenants mixed in
the site.
building and that the impact on the residential
the layout and the design of the building.
Murphy inquired whether the backside of the building faces Kelley Parkway.
Wrede indicated it does.
Murphy noted the residential neighborhood is
should be more attractive for those residents.
Kerznack stated they have taken the backside of
building.
McMillan commented she is hesitant to allow a dri
that could be generated.
on that side of the building and that the building
building and made it look like the front side of the
through on this site given the amount of traffic
PAGE 23
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
(06 -3212 Hempel Properties, Continued)
Wrede inquired whether the Council likes the shape and location of the buildings or whether the layout
should be changed. Wrede pointed out this is the same basic arrangement that was previously approved
for the Walgreens site.
Wrede inquired whether the Council is more concerned with the look of the retail building than the
location of the building. Wrede stated the plan approved for Walgreens, which is similar to this plan,
worked well with the parking and access.
McMillan reiterated she would like to see more creativity with the design of the retail building.
Wrede stated they are also limited in that building by the setbacks. Wrede noted that a coffee shop is
not interested in this site. .
Murphy suggested some thought be given to increasing the medical component and reducing the retail.
White suggested a nice restaurant be considered for this site.
•
Kerznack stated Orono does not have the density to support a high -end restaurant at this time but that
the retail building does have a space for a restaurant with an outdoor eating area. Kerznack stated they •
can change the appearance of the retail building and that the Planning Commission had recommended
more retail be incorporated. into the plan.
McMillan inquired whether uses for this site should be discussed at a work session.
Gaffron stated it might be beneficial to discuss uses of this site at the next Council work session.
Gaffron noted this item was scheduled for the August Planning Commission meeting.
McMillan suggested a joint work session with the Planning Commission be scheduled to discuss
potential uses of this site.
Kerznack suggested a work session with the Planning Staff prior to a work session with the Council.
McMillan stated she would like to have a joint work session with the Planning Commission to discuss
uses for this site in general without discussing this application specifically.
Gaffron stated the Council allowed a comprehensive plan amendment that was somewhat development
driven and that the Council should find a use for this site that is compatible with the surrounding area.
Murphy concurred that a joint meeting with the Planning Commission be scheduled as soon as possible.
Gaffron stated he would meet with the applicants in the next week and schedule a joint work session
with the Planning Commission on August 29` ".
PAGE 24
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
.7:00 o'clock p.m.
12. #06 -3214 RUDY WICKLANDER H
VARIANCE AND CONDITIONAL USE Pl
Stuart Hoam and Judy and Rudy Wicklander of
INC., 3345 CRYSTAL BAY ROAD —
Wicklander Homes were present.
Curtis stated the applicant is requesting lot width, lot area, hardcover, side street, lake, and rear yard
setback variances in order to construct a single - family home. The Planning Commission voted 5 -0 to
recommend approval of the variances as proposed.
The Council should determine whether or not the eisting retaining wall should be removed as part of
the approvals.
Kellogg stated he would like to see some additional'spot elevations in the corner to ensure that there
would be positive drainage away from the patio and window wells. Kellogg stated he does have
concerns about the retaining walls on both sides and that he would need some further information on the
south retaining wall and contours. Kellogg noted one of the retaining walls is located within the
Hennepin County Regional Railroad Authority property.
White inquired whether the drainage would
Kellogg stated there would need to be some
the retaining wall is removed.
to the south to correct the drainage.
Stuart Hoam stated the water filters down and tends to run toward the municipal owned property.
Hoarn noted the boulder wall is almost completely on the Rail Authority side of the property.
McMillan inquired whether the Rail Authority has
keep the retaining wall within the easement.
Hoam stated they had not.
how much it would charge the property owner to
White stated he does not have a problem with the r taining wall remaining in that area.
Curtis noted almost half of the house is located within the 0 -75 foot zone.
McMillan commented that it might make sense to
Hoam stated they are willing to do whatever the ,
need to be jogged around the base of the tree and
White pointed out if the wall is relocated on the
hardcover.
McMillan inquired whether construction of the
Hoam stated he does not believe so.
to the retaining wall during construction.
icil decides. Hoarn noted the retaining wall would
regardless they would need a permit.
s property, it would need to be counted as
would affect the tree.
PAGE 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
( #06 -3214 Rudy Wicklander Homes, Continued)
Kellogg stated the concerns with the height and separation of the two- tiered wall on the east side would
be to construct a swale and that some engineering design work would need to be completed on the wall.
In addition, on the west side there is also a very narrow corridor to construct a swale.
Hoarn stated there is a swale there currently.
Kellogg stated the existing swale is not depicted on the contours and that he has a concern with
constructing a swale in that five -foot area.
Murphy inquired whether drainage -wise the City would be better leaving the retaining walls or redoing
the retaining walls located in the Railroad Authority corridor.
Kellogg stated he personally has not visited the site and that if the retaining wall is in reasonable
condition, it might be best to leave it. Kellogg indicated he could visit the site.
U
Curtis stated in other similar situations the applicant would be required to provide information about the
wall and the City Engineer would review that information and provide comments regarding the
condition and necessity of the wall. •
Kellogg stated in similar cases the applicant hires a structural engineer to inspect the wall and submits
his findings, which are reviewed by the City Engineer.
White concurred that the applicant should submit the necessary documentation for review by the City
Engineeer.
Wicklander stated they have a letter from the Rail Authority indicating that the wall does not need to be
removed. Wicklander stated in his opinion they would have a problem with drainage if the wall is
removed.
White suggested Staff draft a resolution subject to the submission of information concerning the wall.
McMillan moved, White seconded, Application #06 -3214, Rudy Wicklander Homes, 3345 Crystal
Bay Road, to direct Staff to draft a resolution approving lot area, lot width, hardcover, side street,
lake and rear yard setback variances, subject to the review and approval by the City Engineer of
the retaining wall located within the Hennepin County Railroad Authority property.
VOTE: Ayes 3, Nays 0.
•
PAGE 26
ORONO CITY C
Monday, �
7:00 o'
*13. #06 -3217 AULIK DESIGN GROUP ON
FERNDALE ROAD WEST — VARIANCE — RI
Murphy moved, McMillan seconded, to adopt RI
lakeshore setback and side setback variances for
VOTE: Ayes 3, Nays 0.
OF THE
fNCIL MEETING
;ust 14, 206
ck p.m.
ALF OF TRACY CONSTABLE, 865
UTION NO. 5494
SOLUTION NO. 5494, a Resolution granting
:he property located at 865 Ferndale Road West.
*14. #06 -3218 BRIAN ARNE AND JULIE MORRISON — ARNE, KERRY AND KIANN
NASSAUER, 130 AND 145 MANOR CIRCLE — LOT LINE REARRANGEMENT AND
VACATION — PRELIMINARY PLAT — RESOLUTION NO. 5495
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5495, a Resolution granting
conceptual approval for the vacation of Manor Circle, for the vacation of certain existing
drainage and utility easements, and granting preliminary plat approval for properties located at
130 and 145 Manor Circle. VOTE: Ayes 3, Nays 0.
• 15. REVIEW OF MINNETRISTA
•
Gaffron stated the City of Minnetrista is in the i:ina
will slightly increase their intended development di
from the Saga Hill neighborhood and across from I
in response to a Metropolitan Council requirement
apparently were not being achieved by Minnetrista
implemented.
The City Council directed Planner Gaffron to send
appropriate screening between the developments,
oasis policies in their development regulations.
MAYOR/COUNCIL REPORT
Murphy noted there is a Big Island Summer Insti
recommended a meeting be scheduled to discuss
Moorse stated a meeting could be scheduled for
PLAN DENSITY AMENDMENTS
steps of a Comprehensive Plan Amendment that
nsities on the west side of County Road 19, across
3keview Golf Course. These changes are primarily
hat Minnetrista meet certain density goals that
1998 -2020 Comprehensive Plan once it was
letter to Minnetrista encouraging them to provide
i to take into account the elements of Orono's rural
Adult Day scheduled for August 22 "d. Murphy
es relating to Big Island.
31 s`.
PAGE 27
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14, 206
7:00 o'clock p.m.
CITY ENGINEER'S REPORT
*16. CHANGE ORDER NO. 1— MINNCOMM FOR HIGHWAY 12 WATER MAIN
IMPROVEMENTS
Murphy moved, McMillan seconded, to approve Change Order No. 1 for th'e Highway 12 Water
Main Improvements, in the amount of $11,858.75. VOTE: Ayes 3, Nays 0.
*17. PAYMENT REQUEST NO.2 — MINNCOMM FOR HIGHWAY 12 WATER MAIN
IMPROVEMENTS
Murphy moved, McMillan seconded, to approve Payment Request No. 2 from Minncomm for the
Highway 12 Water Main Improvements, in the amount of $21,686.90, and to authorize payment
from the Water Fund. VOTE: Ayes 3, Nays 0.
F- 7
*18. EVP QUOTES
Murphy moved McMillan seconded to accept the quote from Electrical Installation •
Maintenance, Co., Inc., in the amount of $7,550, and to amend the MSA Fund budget to reflect
the expenditure. VOTE: Ayes 3, Nays 0.
CITY ADMINISTRATOR'S REPORT
*19. APPOINT ELECT JUDGES — RESOLUTION NO. 5496
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5496, a Resolution appointing
election judges for the September 12, 2006 primary election; the appointed election judges shall be
paid $8.00 per hour, and head election judges shall be paid $8.50 per hour, plus shall be
compensated for mileage to pick up election supplies or to deliver election returns at a rate
allowed by the IRS (currently $.445 per mile). VOTE: Ayes 3, Nays 0.
*20. LETTER OF INTENT TO PURCHASE REPLACEMENT SQUAD CARS
Murphy moved, McMillan seconded, to approve a letter of intent to purchase three replacement
Ford Crown Victoria police cars from the state, bid to be sent to Elk River Ford. VOTE: Ayes 3,
Nays 0. •
PAGE 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'cl ck p.m.
*21. REVISED WEST METRO TASK
Murphy moved, McMillan seconded, to accept
revised. VOTE: Ayes 3, Nays 0.
*22. DISPOSAL OF COMPUTER
Murphy moved, McMillan seconded, to approve
equipment. VOTE: Ayes 3, Nays 0.
*23. PERSONNEL MATTER
AGREEMENT
West Metro Drug Task Force Agreement as
of nonfunctional, outdated computer
Murphy moved, McMillan seconded, to approve the settlement of the personnel matter with
Michael Carlson. VOTE: Ayes 3, Nays 0.
•
*24. PUBLIC EXPENDITURE/EMPLOYEE!BENEFITS POLICY
McMillan indicated she has a question regarding
activities may include such things as insurance o:
Moorse stated there are different types of
is meant by the sentence "these programs and
, incentive and recognition awards, etc."
plans available to the City employees.
Murphy moved, McMillan seconded, to adopt the public expenditure /employee benefits policy
attached to the Request for Council Action dated August 10, 2006. VOTE: Ayes 3, Nays 0.
*25. NAVARRE FIRE STATION LIGHTING REPLACEMENTS
Murphy moved, McMillan seconded, to approve the lighting replacements at the Navarre Fire
Station at a cost of $1,998.29. VOTE: Ayes 3, Nays 0.
25A. APPOINTMENT OF PLANNING
• Murphy moved, McMillan seconded, to apprc
the Planning Commission and David Rahn as
VOTE: Ayes 3, Nays 0.
CHAIR
the appointment of Cynthia Bremer as chair of
e chair of the Planning Commission.
PAGE 29
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 14,206
7:00 o'clock p.m.
CITY ATTORNEY'S REPORT
None
*26. LICENSES
There were no licenses.
*27. BILLS
Murphy moved, McMillan seconded, to approve payment of the All Funds account.
VOTE: Ayes 3, Nays 0.
j
ADJOURNMENT •
Murphy moved, McMillan seconded, to adjourn the Orono City Council meeting at 11:22 p.m.
VOTE: Ayes 3, Nays 0.
Linda S. Vee, City Clerk im ite, Acting Mayor
•
PAGE 30