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Home My WebLink About08-24-2009 Council Packet PUBLIC ATTENDANCE MEETING DATE �' Z-�—O � �COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. � , ; � �� / � '_":: .� ,� `.,� �.�J v ._.� 2. I�� \�;l 1� �L� �L% ��J f7C�' l t l =-� (��- 3. ,'1 � �� '`f t ''�'� �I I �� F1�,.F� c�� ! �, � � . 4. �• ;�_��..� :n�,� 4. ,� ,�,, �;� 1, �, .,�..�u,��;� � �, -'� � �- � , 5.C-/r.-, � J��--,.� ��u �f�=,�� ''�S�yS� S ,--�c ��u. � 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\�LEGAL FORMS�\�FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, August 24, 2009, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Consent Agenda 1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of August 10, 2009 Public Hearing – 7:00 p.m. 3. Gary Frazier, 4555 Spruce Way – Level 2 Home Occupation Planning Commission Comments – Kim Kang, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 4. 09-3417 Stephen & Susan Moseley, 1635 Bohns Pt Rd - Variances – Resolution 5. 09-3421 James & Jacqueline Neve, 4060 Dahl Road - Setback Variance 6. 09-3427 Al Seran, 4099 Highwood Rd - Variance Renewal Mayor/Council Report City Engineer’s Report City Administrator's Report 7. Request for Payment No. 4 - Casco Point Reconstruction Project 8. Request for Payment No. 2 and Final - Stonebay Concrete Replacement 9. Request for Payment No. 2 – Myrtlewood Utility Improvements 10. Accept Quotations for Sanitary Sewer Televising 11. New Golf Course Fee 12. Authorization for Payment of Police Squad Cars City Attorney's Report 13. Licenses & Permits Agenda for Council Meeting Set for Monday, August 24, 2009, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us * 14. Bills Adjournment Upcoming Issues and Events 2009 08/25 – Council Work Session, Tuesday, 6:15 p.m. 09/02 – Planning Commission Work Session, Wednesday, 5:30 p.m. 09/07 – HOLIDAY, Labor Day 09/08 – Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m. 09/14 – Council Meeting, Monday, 7:00 p.m. 09/15 – Council Work Session, Tuesday, 6:15 p.m. 09/21 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Jim Murphy) 09/28 – Council Meeting, Monday, 7:00 p.m. 09/29 – Council Work Session, Tuesday, 6:15 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 1 ROLL The Orono City Council met on the above mentioned date with the following members present: Mayor James White, Council Jim Murphy, Cynthia Bremer, Lili McMillan, and Douglas Franchot. Representing Staff were City Attorney Soren Mattick, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Zoning and Planning Coordinator Melanie Curtis, and Recorder Jackie Young. Mayor White called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 3, 7, 8, 9, and 10 were added to the Consent Agenda. Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JULY 27, 2009 Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of July 27, 2009, as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT – ANDREW McDERMOTT, Representative McDermott stated LMCD’s records show that the water level on Lake Minnetonka was 927.85 feet prior to the recent rain storms and it is believed that the water level at the time of the great drought was approximately 925 feet. The water level has risen approximately six inches following the recent rain. McDermott reported the amount of milfoil has increased on the lakes from last year even with the cooler weather but is generally at similar levels that have been seen in prior years. PLANNING COMMISSION COMMENTS – TESS RICE, REPRESENTATIVE Rice stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Wes Wolverton, 3420 High Lane, stated he has resided in Orono for approximately 45 years. Due to his wife’s gradually decreasing eyesight, they are requesting striping on Watertown Road. Wolverton indicated he did speak with Scott with the Public Works Department and was told that striping would increase the speeds on that road. Wolverton stated in his opinion that is not a valid reason for not striping the road. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 1 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 2 White asked if he would like to see striping down the sides, down the middle, or both. Wolverton indicated he would just like to see some striping. White directed the City Engineer to look at the situation and to contact Mr. Wolverton following his review. ZONING ADMINISTRATOR’S REPORT *3. #09-3414 KATHY AND PATRICK MIDDLETON, 720 TONKAWA ROAD – VARIANCES – RESOLUTION NO. 5857 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5857, a Resolution Granting Variances to Municipal Zoning Code Sections 78-330, 78-1279, and 78-1403, for the property located at 720 Tonkawa Road. VOTE: Ayes 5, Nays 0. 4. #09-3417 STEPHEN AND SUSAN MOSELEY, 1635 BOHNS POINT ROAD – VARIANCES Sue Moseley, Applicant, and Ben Hillston, Architect, were present. Curtis stated the applicants are requesting average lakeshore setback and lakeshore setback variance to construct additions and add a half-story to the existing house. The request also includes hardcover variances to allow 26.36 percent in the 0-75 percent zone where 25.44 percent exists and no hardcover is allowed and to relocate and change the nature of nonconforming hardcover in the 75-250 foot zone where 34.82 percent exists, 32.50 percent is proposed, and 25 percent is the maximum allowed. The Planning Commission at its July meeting voted 4-3 to approve the proposal in accordance with the staff recommendation. The Planning Commission requested the plans be revised to show the proposed deck relocated to the south side of the house off of the kitchen, the patio and sidewalks should be converted to pavers for improved permeability, the garage stall should be moved streetward four feet, and the retaining wall shortened accordingly. Additionally, the significant trees on the property should be protected by a covenant. Staff recommends approval of the variances consistent with the Planning Commission recommendation and revised plans. Moseley stated their architect attempted to design plans that would comply with the City’s rules and regulations as much as possible and they then met with Staff to ensure that their plans were in compliance wherever possible. One of their goals is to preserve as many of the trees as possible. Moseley stated their project improves the existing residence and neighborhood and betters fits in with the character of the neighborhood. The neighbors are in support of the project. White asked what changes have been made to the plans since the Planning Commission meeting. Curtis stated the garage has been moved forward four feet, which has resulted in the shortening of the retaining wall and reducing the hardcover slightly. Another change is the elimination of the deck off of Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 2 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 3 the great room and moving it to the other side of the house. In addition, the applicant has agreed to change the existing patio to permeable pavers but the driveway would remain as is based on the recommendation of the City Engineer. Moseley noted the hardcover on the lot overall has decreased. McMillan asked whether there are any contingencies planned in the event there are major issues found with the foundation. Curtis stated it would depend on what the degree of repair would be. Bremer commented that typically a minor repair is not something that the Council would need to see but that any significant repairs would need to come back before the City Council. Moseley stated they are relying on their engineer’s opinion as it relates to the foundation. Bremer asked whether the Council would be able to review the revised plans prior to approving the resolution. Curtis indicated Staff did receive the revised plans today but that the City Engineer has not yet had an opportunity to review the plans. Kellogg stated one of the main issues with the property is proper drainage and drainage to the north. Moseley commented their current roof is a butterfly roof and by changing it to a peak roof, that would actually help the drainage flow the other way. Murphy noted on Exhibit A the existing houses on either side of this property are set back considerably from this residence and that another story would be added to the structure, which will raise the roofline. Moseley pointed out they are adding a half-story. Murphy asked how the sight line for the neighbor to the north would be impacted and whether that neighbor is in favor of the project. Moseley indicated there are a number of arborvitaes that help screen the property and that the neighbor is aware of the project and is in favor of it. Curtis stated she did speak with the neighbor at 1639 Bohns Point, which is located to the north, and that his initial concern was with the location of the deck, which has now been eliminated. Curtis stated that neighbor has not raised any other concerns. Moseley indicated they did e-mail all the documents they have provided to the City to the neighbor also for his review. Murphy stated the City unfortunately has had problems with issues being encountered with existing foundations once work has commenced and that he would prefer to see the revised plans prior to approving the resolution. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 3 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 4 White requested the applicants consider utilizing neutral based colors for the home given the close proximity to the lake. Moseley stated they did request that their architect design an addition that would update their property and fit in with the rest of the neighborhood but be minimally intrusive. McMillan stated this normally would be an opportunity to get a structure out of the 0-75 foot zone but that it is a hardship to relocate the house given the trees and other issues with the lot. McMillan noted this house has been grandfathered in. Bremer moved, Murphy seconded, to direct Staff to draft an approval resolution granting average lakeshore setback and lakeshore setback variances to construct additions and add a half-story to the existing house, and to grant hardcover variances, for the property located at 1635 Bohns Point Road, subject to review and approval of the revised plans by Staff and the City Engineer. VOTE: Ayes 5, Nays 0. 5. #09-3418 DENNIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP, LLC, 3421-3425 SHORELINE DRIVE – COMMERCIAL SITE PLAN Dennis Batty, Brook Investment Group, and Irfan Habib, Property Owner, was present. Curtis noted this application appeared before the Planning Commission at its July meeting. The applicant is requesting approval of their proposal to enlarge the existing commercial building with additions to each end. The request includes several variances. The applicant is requesting the following variances: 1. Building setback. A setback of 29 feet from Kelly Avenue right-of-way is proposed for the east addition when the required setback is 35 feet. A setback of 0 feet from the west property line is proposed for the upper level of the west addition when the required setback is 35 feet. 2. Parking Spaces. The plan has about 80 percent of the parking spaces required by code. The plan is short 32 spaces. 3. Parking lot setbacks. Setback variances are requested for both parking lot expansions. 4. Structure setbacks. The upper trash enclosure is proposed to have a 3.5 foot setback from Kelly Avenue when a 20-foot setback is required. The lower trash enclosure is proposed to have a 0 foot setback from the west property line when a 5-foot setback is required. Both are proposed to have less than the required 10-foot separation between a principal structure and an accessory structure. 5. Structural coverage and hardcover variances. Structural coverage would increase from 19.94 percent to 27.57 percent. The maximum allowed is 15 percent. Hardcover on the site is proposed to increase from 89.65 percent where 30 percent is normally allowed within the 250-500 setback zone. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 4 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 5 Staff notes this applicant has not changed from the concept application and that it is Staff’s feeling that what is being proposed is simply too much for this site. There is no space for adequate parking or landscaping. If there are not enough parking spaces, customers will park in the 3465 Shoreline Drive parking lot, on Kelly Avenue, and/or in the Lund’s parking lot. The pavement of Kelly Avenue is only 28 feet wide, not wide enough for on-street parking. There may be congestion as drivers look for a parking space. Eventually businesses may move or close if the parking is inadequate. The site plan shows a deficiency of 23 parking spaces. The applicant is proposing to expand the existing building on each end. The basement garage located in the middle would be replaced by a two-level addition with storage on the lower level and commercial space on the upper. The footprint of the addition would be about 160 square feet larger than the existing garage because of an expansion in the southwest corner. A 5,000 square foot single-story addition would be placed on the Kelly Avenue end of the building. Landscaping, especially adjacent to the street, is important to creating an attractive commercial area and trees in particular have many environmental benefits. Additional trees are being recommended to provide shade, filter the air, and buffer noise. A recent innovation in drainage is to have the runoff from parking areas flow into landscaped areas planted with trees. The landscaping, especially the trees, absorbs the runoff. The majority of the proposed landscaped areas are minimal and are too small to sustain the plant materials for any length of time. A setback of 29 feet from Kelly Avenue right-of-way is proposed for the east addition. The required setback is 35 feet. A setback of 0 feet from the west property line is proposed for the upper level of the west addition when the required setback is 35 feet. Setback variances are requested for both parking lot expansions. The new portion of the upper parking lot would be located 4.16 feet from the right-of-way of Shoreline Drive and 3.5 feet from the right-of-way of Kelly Avenue. Code requires a 10-foot setback from Shoreline Drive and a 20-foot setback from Kelly Avenue. The new portion of the lower parking area would be 8.42 feet from the south property line when the code would require a 15-foot setback. It would be 15 feet from the right-of-way of Kelly Avenue when a 20-foot setback is required. Sylvia Bertagnoli, 2499 Kelly Avenue, stated she would like to have it in writing that the trees between her property and this structure would not be removed. Bertagnoli stated if the smaller trees are included in the calculation, there are approximately 25 trees in that area that she would like to see preserved. Bertagnoli indicated she does not have an issue with the lighting any more since it appears to have been remedied with the bowling center application. Bertagnoli noted that three of the neighbors would like to remain in their residences in their retirement and have concerns regarding the noise and traffic. Dick Edwards, 2480 Carman Street, stated he has lived in this area at the time the old bowling center was open and that they experienced a number of issues with traffic, lighting, and noise. Edwards stated given current state of the economy, it is likely the bowling alley will not be viable. Edwards expressed a concern with the current traffic situation in the area and requested the City Council follow the recommendation of the Planning Commission. Tom Richie, 2507 Kelly Avenue, stated his main concern deals with the congested traffic and moving anything closer to Kelly Avenue, which would negatively impact their quality of life. Richie expressed concern that there will be a major accident in this accident if any additional vehicles are added. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 5 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 6 Ward Edwards, 2474 Carman Street, stated he is in agreement with his brother’s comments. Batty distributed a sketch plan of their proposal and the results of a parking usage study that they have conducted. Batty stated eight parking spaces in the southeast corner in the lower parking lot could be added if four trees were removed, but that the owner has instructed him to not add those parking spaces in order to preserve the trees in that area. Batty noted they did receive some complaints regarding the stairwell. By eliminating the retaining walls, the stairway would be opened up. In addition, an informal traffic and parking usage study has been completed and it shows that the existing tenants are not utilizing all of the parking even at peak hours. Batty stated they have had several meetings with the state highway department regarding the right-hand turning lane and have requested that they evaluate whether anything could be done in that area to improve the situation. It was the state highway department’s opinion that short of making substantive changes in the curb lines, which would negatively impact the driving lanes, there is not much that can be done to improve the traffic in the area. Habib stated he is the owner of the property and currently resides in California. Habib agreed the lighting in the parking lot is not desirable and that he has spoken with Xcel about relocating the poles but that he was told they cannot be moved. Habib indicated he is attempting to work with the neighbors on the issues that they have raised. Bertagnoli stated they would like to see the middle lights shut off. Murphy stated in his view the main issues that should be addressed prior to addressing the lighting and other smaller issues are the setbacks, the parking, hardcover and structural coverage. Murphy stated he would like to see those issues resolved and that in his opinion the proposal is simply too much for the site. Habib stated in order to make this structure economically feasible, he has to maximize the property. Habib indicated he would like the City Council to provide some direction on what they would like to see for the property. McMillan noted the applicant has received direction on the setbacks and the hardcover by virtue of the City’s ordinances and that economic factors are not considered a hardship by the Council. McMillan stated as the owner of the property, he will need to make a decision on what he can economically afford to construct. Batty pointed out the property currently does not conform with setbacks and structural coverage. McMillan stated because the building is not compliant currently does not mean that he can maximize the property. Habib stated if his proposal is not approved, it is likely that he would not improve the property at all. Batty noted at one time there was another building that existed in the exact same area where they are proposing one of the additions and that they are looking at whether there are any creative options available to them that would allow them to improve the property and increase the rentability of the Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 6 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 7 structure. Batty commented they have looked at other requirements in other cities and that their proposal generally meets those requirements except for the parking. Batty stated they are requesting the City Council provide some guidance on their expectations for what they would like to see for this site. Bremer stated she does reside in this area and that she personally would like to see another type of structure there but that she likes the current tenants. Bremer stated the Navarre area needs tenant space that is affordable but in her opinion the structure being proposed is too long. Another issue is the lack of parking in the area. The City must help ensure that sufficient parking is available for the customers of all the businesses in that area and that it is not a good idea to build over all of the space that could be utilized for that purpose. Bremer indicated she would be supportive of a structure between the two buildings and would like to see the trees preserved. Bremer stated ultimately it is up to the architect and Mr. Habib to design something that is suitable for the site which complies with the City’s regulations as much as possible. Habib stated it does not make economic sense to do anything less than what is being proposed and that he would like to own this property for the long-term. Habib indicated they elected to go with the longer building because the neighbors have expressed concern with a two-story structure. Habib stated if they construct anything in the middle, they would need to redo all the electrical in the buildings. Bremer asked whether he has received inquiries from any new tenants. Habib stated they did approach Subway and they said yes but that Erik’s Bikes declined to lease space. White stated the City Council cannot look at the economic factors when considering an application and that being the property owner he will need to make the decision on what to construct. White stated in his opinion the plan as presently proposed is simply too much for the lot and would typically not be allowed. White stated the plan must be brought more into compliance with the City’s regulations, and recommended the applicant look at the site as if it were empty and design something that meets as many of the City’s requirements as possible. Batty stated they will look at the site to see how it can be cleaned up. Batty asked whether there is any merit to meeting with Staff to discuss their different options. Batty stated if they are required to comply with every single ordinance of the City, they would be forced to take down a portion of the building. Murphy noted he and Council Member Franchot did meet with the owner to discuss some of the issues and that he has concerns when the Council is asked to design a building. Murphy stated the City does grant variances from time to time but not to the degree that is being requested here. Murphy stated the City would like to see this property improved but that they cannot approve something to this degree. Murphy indicated he would be in favor of tabling the application to allow the applicant time to redesign their plans. Franchot indicated he does concur with the comments already expressed and that in his view the applicant is looking for concrete direction on what will be allowed for this site. Franchot stated the parking in the area is a challenge. Bremer stated in order to reduce the demand for parking, the size of the building must be reduced. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 7 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 8 Habib stated he would like some clear direction from the Council on what they would like to see for the site. White suggested the applicant review his plans and meet with Staff to discuss possible options. Murphy moved, Bremer seconded, to table Application #09-3418, Dennis Batty on behalf of Brook Investment Group Group, LL, 3421-3425 Shoreline Drive – Commercial Site Plan. Mattick stated if the changes are substantial, which it is likely they will be, the application will need to go back to the Planning Commission, with renotification of the public hearing to the neighbors. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT 6. KAREN FEYO REQUEST FOR FEE REDUCTION Karen and Tim Feyo were present. Karen Feyo noted she appeared before the Council approximately six months ago on this matter. They received approval for a variance to construct on their lot in September 2007, but they did not request a building permit at that time. Feyo stated overall they would like to commend Staff, but that they have encountered a series of issues working with Staff during the process of their application. On June 4th, Bonestroo sent a letter to Planner Turner listing some requirements, with another letter being sent on June 12th. Feyo indicated they did not receive the letters until August 2nd. McMillan asked whether the correspondence was being sent to another party who was involved in this matter. Feyo indicated there are three people who own the property but that none of them has received any correspondence. They did receive a bill for $1800 in November for the extra engineering which went to the other property owner but they were notified of that immediately. In their view the $1800 is excessive and they would like it reduced. Based on the City’s response, in her view the extra charge is applied arbitrarily and they would like the fee removed. Feyo stated they received the variance in September of 2007 and received the bill for $1800 two months after that. White stated prior to 2006, the City did not have as many drainage and runoff issues as they have experienced following all the construction in the City, which has required more engineering on applications received after that. White noted this site did require some additional engineering due to its configuration and that the plans submitted by the landscaper were not adequate, which also required extra work on the part of the City Engineer. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 8 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 9 Kellogg noted that Item No. 4 contained in the June 17th letter to Ms. Feyo touches on some of the issues, and that one of the major issues was that his office was required to send numerous letters requesting information. Kellogg noted the rain garden issue took over a month to resolve. Feyo stated they were not aware that the landscaper was not doing what was required and that it was her understanding he addressed the rain garden immediately. White stated he understands this matter has gone on for a considerable amount of time and that he would be in favor of cutting the fee in half. Murphy stated he is in agreement with Mayor White and that there was a period of time that the City was transitioning to this new fee arrangement, which possibly contributed to some of the issues experienced by the Feyos. Feyo stated the variance cost also increased dramatically and that she received a letter stating it is now $1200 and was originally $75. Bremer stated to her understanding the cost was actually $250. Gaffron stated a letter dated July 6, 2006, indicated the actual cost would be $600. Gaffron stated the $75 was the result of a very outdated application form being used by Ms. Feyo. Murphy noted the City has spent a considerable amount of time attempting to figure this out and that they are willing to reduce the fee in half, but that the Feyos also need to assume some responsibility for the issues encountered. Gaffron stated in a letter addressed to Ms. Feyo dated January 26, 2006, she was notified that the City received her request for a variance renewal last approved in 1995. The last variance approval expired in 1996. Ms. Feyo was informed at that time that the forms and fees have changed since that time and new forms were enclosed with the letter. Ms. Feyo was told this would be considered a new application, not a renewal, and that the application fee would be $600. It was recommended that Ms. Feyo schedule a pre- application meeting with Staff and that it is likely that house plans, elevations, grading and drainage plans would need to be submitted. In addition, Ms. Feyo’s letter to the City did not include the $75 check that she had referenced in her letter to the City. Gaffron stated Ms. Feyo had sent an application form that was ten years old that would have had a $75 renewal fee back in the 1990s, which was the initial contact regarding the variance fee. Gaffron stated it was Staff’s opinion that the application was old enough that it did not qualify for a renewal fee, which was $350 at that time. Gaffron stated he is unsure where the $1200 figure comes from. Gaffron stated today each applicant gets a $500 credit on engineering fees. Murphy asked if the variance was renewed a year ago, what the fee would be. Gaffron stated the fee would be $600, and that if it had not expired, it would either be $250 or $300 would be the renewal fee. Murphy recommended the City charge the $300 fee. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 9 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 10 McMillan stated if the plans are the same as what was originally approved, the City could waive the $700 for the new variance fee. Mattick stated the Feyos do need to reapply for variance approval and that the City does have the discretion to waive a portion of the fee or all of it. Mattick indicated he is not aware of what the costs are associated with providing public notice. Gaffron stated those costs are minimal compared to the amount of time spent by Staff on this issue. McMillan suggested giving Ms. Feyo a credit in the amount of $700.00, which is the fee for a new variance application. Mattick noted they would then need to pay the outstanding amount. Murphy asked whether they would like the variance renewed. Mrs. Feyo indicated they would like it renewed. McMillan moved to request that Tim and Karen Feyo pay the outstanding debt in the amount of $1,588.75, with the understanding there will be a waiver of the $700 fee for a new variance application for the property located at 1677 Long Lake Road, provided that there are no substantial changes from what was originally approved in September of 2007. Mattick suggested the motion also include a deadline for submitting the new application. Ms. Feyo stated she would like to have the motion put in writing. Feyo noted she was also required to pay for a third survey, which she was told was not necessary. McMillan amended her motion, Bremer seconded, to direct Staff to send a letter to Tim and Karen Feyo requesting the outstanding debt in the amount of $1,588.75 be paid, with the understanding there will be a waiver of the $700 fee for a new variance application for the property located at 1677 Long Lake Road contingent upon the outstanding amount being paid within 30 days of the date of the letter and contingent upon there being no substantial changes to the plans from what was originally approved in September of 2007. VOTE: Ayes 5, Nays 0. *7. ACCEPT GRANT FROM MINNESOTA POLICE RESERVE OFFICERS ASSOCIATION – RESOLUTION NO. 5858 Murphy moved, Bremer seconded, to accept a $3,300.00 grant from the Minnesota Police Reserve Officers Association – Resolution No. 5858. VOTE: Ayes 5, Nays 0. *8. FIBER-TO-THE-HOME NETWORK, LAKE MINNETONKA COMMUNICATIONS COMMISSION – RESOLUTION NO. 5859 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5859, a Resolution to Support the Lake Minnetonka Communications Commission (LMCC) in its application for federal stimulus funding for construction of a fiber-to-the-home network. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 10 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 11 *9. UTILITY RATE STUDY Murphy moved, Bremer seconded, to approve the proposal from Ehlers and Associates to perform a Utility Rate Analysis for an amount not to exceed $20,000. VOTE: Ayes 5, Nays 0. *10. APPROVE PAYMENT FOR QUALITY FLOW Murphy moved, Bremer seconded, to approve payment to Quality Flow, New Prague, Minnesota, in the amount of $6,733.13, for a new controller lift station 3 (East Lake Street) and a transducer for lift station 8 (West Lafayette). VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan thanked the public safety organizations for cleaning up after the recent tornado that went through this area. McMillan noted a public relations firm has been interviewed and an estimate will be obtained on what it would cost to promote the downtown area of Long Lake/Orono. Murphy stated he spoke with Loren Fritz this morning and that he has agreed to sit down with Doug Franchot to discuss the fiber-to-the-home network. Murphy also commended the Orono Public Works Department for their fine work in cleaning up after the tornado. Murphy expressed concern that an applicant stated he received no direction from the Planning Commission. Curtis stated the applicants repeatedly asked at the Planning Commission meeting for a square footage number that would be approved, which Staff and the Planning Commission will not provide. Curtis stated she is unsure what further direction the Planning Commission could have provided the applicant. Mattick stated in his opinion the City Council provided the applicant with more direction than other cities would have given on this particular application and that it is the responsibility of the developer to design a plan that is largely in compliance with the governing regulations. CITY ENGINEER’S REPORT Kellogg concurred that the Orono Public Works Department did an outstanding job cleaning up after the tornado and high winds experienced in this area last week. CITY ATTORNEY’S REPORT 11. PERSONNEL MATTER Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 11 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 12 Mattick noted that City Administrator Wells has submitted his resignation. Pursuant to that letter, a separation agreement has been negotiated, which Mr. Wells has reviewed and signed off on. According to the terms of the agreement, Mr. Wells will be compensated through the end of the year and will make himself available for questions also through the end of the year. Mattick noted the rest of the terms are in compliance with his employment contract and that he has 15 days to change his mind on whether to go forward under the separation agreement. Murphy moved, Franchot seconded, to accept the letter of resignation submitted by City Administrator William Wells and to approve the separation agreement. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT, CONTINUED Orono Police Chief Corey Farniok stated there were no reported injuries as a result of the recent tornado and no substantial damage to structures outside of some removed roofs. Farniok stated the coordination between the different departments went well. *12. LICENSES & PERMITS None *13. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT McMillan moved, Murphy seconded, to adjourn the Orono City Council meeting at 9:23 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Linda S. Vee, City Clerk James White, Mayor Item #02 - CC Agenda - 08/24/09 Approval of Council Minutes 08/10/09 [Page 12 of 12] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 1 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 2 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 3 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 4 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 5 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 6 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 7 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 8 of 9] Item #03 - CC Agenda - 08/24/09 Public Hearing 4555 Spruce Way Level 2 Home Occupation [Page 9 of 9] Item #04 - 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