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V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, October 26, 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 October 12, 2009
Public Hearing – 7:00 p.m.
3. Certification of Delinquent Utilities and General Service Fees – Resolution
Discussion
4. Dakota Rail Trail Parking – Three Rivers Park District
Planning Commission Comments – Loren Schoenzeit, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
* 5. #09-3411 David Fox on behalf of Bill Fox Trustee, 1095 Ferndale Rd W – Variance and CUP
– Resolution
* 6. #09-3422 Richard & Leesa Anderson, 3205 Crystal Bay Road – Variances – Resolution
* 7. #09-3424 Michael & Donna Ebertz, 1220 Tonkawa Road – Variance
* 8. #09-3429 Karen Feyo, Mark Fuller & Stacy Nakaya, 4055 Elm Street – Variance Renewal
Resolution
* 9. #09-3430 WJM Properties, LLC, 2605 Wayzata Boulevard West – CUP and Site Plan Renewal
– Resolution
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
10. Accept Quotations for Sewer Main Repair at 3390 North Shore Drive
11. Rescind Addendum to Contract for Fire Protection – Navarre Fire Station – Resolution
12. Request for Payment No. 6 – Casco Point Reconstruction Project
13. Request for Change Order No. 1 – Casco Point Reconstruction Project
14. Resolution in Support of County Road 19 Trail Concept Design Plan – Resolution
Agenda for Council Meeting Set for Monday, October 26, 2009, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
City Attorney's Report
* 15. Licenses & Permits
* 16. Bills
Adjournment
Upcoming Issues and Events
2009
10/26 – Council Meeting, Monday, 7:00 p.m.
10/27 – Council Work Session, Tuesday, 12:00 p.m.
10/5-11/6 – Leaf and Grass Disposal, Mondays-Fridays, 9:00 a.m. - 3:00 p.m.
11/04 – Planning Commission Work Session, Wednesday, 5:30 p.m.
11/09 – Council Meeting, Monday, 7:00 p.m.
11/10 – Council Work Session, Tuesday, 6:15 p.m.
11/11 – HOLIDAY, Observance of Veterans Day, Wednesday
11/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Cynthia Bremer)
11/23 – Council Meeting, Monday, 7:00 p.m.
11/24 – Council Work Session, Tuesday, 6:00 p.m.
11/26 – HOLIDAY, Observance of Thanksgiving Day
11/27 – HOLIDAY, Observance of Thanksgiving Day
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 16
ROLL
The Orono City Council met on the above mentioned date with the following members present: Mayor
James White, Council Members James Murphy, Cynthia Bremer, Lili McMillan, and Douglas Franchot.
Representing Staff were Finance Director Ron Olson, City Clerk Lin Vee, City Attorney Soren Mattick,
Assistant City Administrator of Long-Term Strategic Planning Mike Gaffron, Zoning and Planning
Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 10, 11-19, and 21 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 SEPTEMBER 28, 2009
Murphy moved, Bremer seconded, to approve the minutes of the September 28, 2009, City Council
meeting as submitted. VOTE: Ayes 5, Nays 0.
PUBLIC HEARING – 7:00 P.M.
3. CERTIFICATION OF DELINQUENT ENGINEERING AND LEGAL BILLS –
RESOLUTION NO. 5866
Mayor White opened the public hearing at 7:05 p.m.
There were no public comments.
Mayor White closed the public hearing at 7:05 p.m.
Bremer moved, Murphy seconded, to adopt revised RESOLUTION NO. 5866, a Resolution for the
Collection of Unpaid Pass-Through Engineering and Legal Bills. VOTE: Ayes 5, Nays 0.
RECOGNITION
4. RALPH KEMPF, PLANNING COMMISSION – RESOLUTION NO. 5867
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5867, a Resolution of
Appreciation to Ralph Kempf for Dedicated Service to the City of Orono. VOTE: Ayes 5, Nays 0.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 1 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 16
(4. RALPH KEMPF, PLANNING COMMISSION – RESOLUTION NO. 5867, Continued)
Kempf thanked the City Council for allowing him the opportunity to serve on the Planning Commission
and commended the commitment the Commissioners bring to the planning and preservation of the city.
Kempf also commended the Planning Staff for the advice and assistance they have given to the Planning
Commission over the years.
LMCD – ANDREW McDERMOTT, REPRESENTATIVE
McDermott reported that the LMCD has cancelled the last two meetings and that there have been very
few variance requests in the last month. McDermott noted Lake Minnetonka was approximately six
inches lower than average at the end of the summer.
As it relates to LMCD’s strategic planning, their vision is to protect and preserve Lake Minnetonka, with
the following eight objectives being identified to address over the coming year: One, reduce the level
and impact of aquatic species; two, prevent the introduction of new aquatic species; three, ensure that the
LMCD ordinances and policies are relevant and enforceable; four, maintain a strong financial
foundation; five, promote public access of Lake Minnetonka; six, ensure that Lake Minnetonka is safe for
boaters and swimmers; seven, improve awareness of what the LMCD’s mission and goals are; and eight,
to protect the lake’s ecosystem. McDermott noted the last objective is fairly new.
Murphy asked what progress has been made on the rental of docks at private residences.
McDermott indicated that issue is being reviewed by the LMCD’s attorney to determine which properties
should be prosecuted. Letters have been sent to second year violators, and that this issue will likely be
discussed at their meeting on Wednesday.
McMillan asked whether any boat density studies were done this past summer.
McDermott indicated the LMCD suspended the boat density studies for the foreseeable future in an effort
to save costs. The shoreline count is still being done and will be completed next year.
McMillan asked what the safety has been like on the lake this year.
McDermott indicated it was about the same as in prior years, with DUIs being slightly higher.
PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE
Leskinen stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 2 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 16
ZONING ADMINISTRATOR’S REPORT
5. #09-3411 DAVID FOX ON BEHALF OF BILL FOX, TRUSTEE, 1095 FERNDALE ROAD
WEST – VARIANCES AND CONDITIONAL USE PERMIT
David Fox, Applicant, was present along with Darrin Schmidt, Contractor.
Curtis noted this application was heard at the August 17th Planning Commission meeting and was tabled
to allow the applicant time to revise his plans in order to reduce the hardcover level and to locate the
residence further out of the average lakeshore setback. The applicant is requesting a conditional use
permit in order to rearrange the floodplain on the property to allow him to build a replacement residence.
The applicant is requesting variances to lot area, lot width, lakeshore setback, average lakeshore setback,
and hardcover within the 0-75 foot zone.
The applicants have revised their plans to reduce the proposed footprint of the home and have eliminated
the floodplain setback encroachment. They have also reduced the average lakeshore setback
encroachment and have reduced the proposed hardcover within the 0-75 foot zone. In addition, the
applicant is proposing the home extend 35 feet into the average lakeshore setback, which is an
improvement of five feet from the previous plan. The existing home on the property extends 75 feet into
the average lakeshore setback. The home is proposed to now be located approximately 40 feet from the
lake.
Hardcover has also been reduced, with the applicant proposing 16.2 percent hardcover in the 0-75 foot
zone and 18.15 percent in the 75-250 foot zone, which is a slight increase from the previous plan.
The Planning Commission voted 5-0 to recommend approval of the variances and conditional use permit
based on the revised plans and consistent with Staff’s recommendations.
Planning Staff recommends approval with the following conditions:
1. The house siding, trim and shingles should be dark colors in order to reduce the visible impact of
the house, especially as viewed from the lake.
2. Provision of mitigation measures, including: native buffer areas to be incorporated where
appropriate, and patio and sidewalks to be constructed using pervious pavers.
Staff would note that the applicant should be required to provide an extension request should the Council
elect to approve the application.
James Murphy noted he was in attendance at the last two Planning Commission meetings when this
application was discussed and that the Planning Commission provided good direction to the applicant,
which has been complied with. Murphy noted this is a difficult lot to work with and that he is pleased
with the efforts taken by the applicant.
McMillan commented she did notice in the minutes that the applicant did a significant amount of work in
revising his plans. McMillan stated she does not feel the motion should require the applicant to utilize
dark colored siding on the residence since it may be viewed as too much government control.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 3 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 16
(5. #09-3411 DAVID FOX ON BEHALF OF BILL FOX, TRUSTEE, 1095 FERNDALE ROAD
WEST, Continued)
White stated in his view darker colored siding helps the residence to blend in more with the surrounding
environment and that he would prefer the applicant consider utilizing a darker siding but concurred that
the motion should not require that.
David Fox stated the current house is white and that he would prefer the motion simply say darker rather
than dark.
Bremer concurred with the comments of Mayor White and Council Member McMillan.
Murphy moved, Franchot seconded, to direct Staff to draft a resolution approving Application #09-
3411, David Fox on Behalf of Bill Fox, Trustee, 1095 Ferndale Road West, granting of variances
and conditional use permit, with the language in the resolution being revised to read that the siding
be more natural palette colors. VOTE: Ayes 5, Nays 0.
*6. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORELINE
DRIVE – COMMERCIAL SITE PLAN
Murphy moved, Bremer seconded, to table Application #09-3418, Dennis Batty on Behalf of Irfan
Habib, 3421-3425 Shoreline Drive, Commercial Site Plan, at the request of the Applicant.
VOTE: Ayes 5, Nays 0.
7. #09-3422 RICHARD AND LEESA ANDERSON, 3205 CRYSTAL BAY ROAD –
VARIANCES
Leesa and Richard Anderson, Applicants, were present.
Curtis noted this application appeared before the Planning Commission at its August meeting and was
tabled to allow the applicant time to incorporate the hardcover removals and calculations on their plans.
The Commission also recommended the applicants reduce the amount of proposed hardcover and to
prepare a storm water plan and calculations. Curtis noted this application only deals with the lot that is
located in Orono.
The applicants are requesting hardcover variances and a side yard setback variance in order to construct a
20’ x 26’ two-story living space addition to the existing home with a 0’ setback from the side lot line
where a 10-foot setback is required as well as construct a roof over a deck which would be 6.4 feet from
the side lot line where a 10-foot setback is required.
The applicants are now requesting a 75-250 foot zone hardcover variance to allow 34.85 percent
hardcover where 25 percent is allowed and 44.4 percent currently exists. They are also requesting a
hardcover variance in the 0-75 feet zone for 21.5 percent hardcover where 0 percent is allowed and 22.6
percent currently exists. The property contains a great deal of landscaping, patios, parking areas,
pathways, walls and structures. It is Staff’s view that there is still a considerable amount of hardcover on
the property.
Neither the two-story living space addition nor the porch addition meet the required 10-foot side setback
requirement on their respective sides of the home. The applicants have also submitted a storm water plan
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 4 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 16
(7. #09-3422 RICHARD AND LEESA ANDERSON, 3205 CRYSTAL BAY ROAD, Continued)
and calculations. The porch is proposed to be set back 6.4 feet from the western side lot line and the
living space addition is proposed at a 0’ setback from the eastern side lot line, which is also the municipal
boundary between the two cities and functionally the middle of the property as it has historically been
used.
The City Council should consider the following:
1. Are there other storm water solutions available to protect the applicants’ home from storm water
such as rain gardens, vegetative swales, or infiltration beds?
2. Are the proposed infiltration areas an effort to make up for the excess hardcover rather than
managing the storm water?
3. Considering the setback variance and the resulting/proposed 22 feet separation between the
proposed covered porch and the neighboring home is the proposed access to light, air, and open
space reasonable?
The Planning Commission voted 4-1 to approve the setback variances, the hardcover variances as revised,
and further recommended that all new hardcover be pavers for increased permeability.
Planning Staff recommends approval of the setback variances, including approving the illegal deck, but
continues to feel that there is too much hardcover proposed. Staff is still a little unclear as to what
hardcover is proposed to remain, proposed to be installed, proposed to be removed, etc. The applicants
should provide a color-coded version of the survey indicating what stays, what will be new, and what
goes so that both the applicants and the City have the same understanding.
McMillan asked if the deck was constructed into the side setback.
Curtis indicated that the deck does not meet the 10-foot side setback.
White asked what hardcover would remain.
Curtis noted 21.5 percent hardcover will remain in the 0-75 foot zone as well as the parking area. The
applicants are installing a new sidewalk to access their property from the gravel parking area and have
removed portions of a flagstone walk. A portion was added to the walkway in order to access a patio.
Curtis illustrated the two additions to the home that are being proposed. Within the 75-250 foot zone, the
applicants are requesting a variance to allow 34.8 percent hardcover. They currently have 44.5 percent
hardcover in that zone.
McMillan stated she does not have an issue with the hardcover but that she does have a problem with
granting a side setback variance since the deck was constructed illegally in the first place.
Curtis noted the applicants are removing the yellow-colored portion of the deck.
McMillan asked whether structurally that is easier to do rather than remove the entire portion that is
located within the side setback area.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 5 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 16
(7. #09-3422 RICHARD AND LEESA ANDERSON, 3205 CRYSTAL BAY ROAD, Continued)
Curtis stated to her recollection that portion of the deck in the side setback area is necessary for access.
White commented it looks like the house is actually bifurcated or in two pieces.
Leesa Anderson stated the house was originally constructed as a guest house that is located on two lots.
The wood deck that is in question replaced an old concrete deck. There were communications back and
forth with the city’s building inspector at the time the deck was constructed and that a triangle piece of the
deck was actually lowered in order to meet the City’s structural coverage. Anderson noted the deck was
constructed approximately 25 years ago and that they had the understanding it was approved following
the communications with the building inspector.
McMillan asked whether the covered porch will be a three-season or four-season porch.
Anderson stated they are enclosing the porch in order to gain a little more space to accommodate her large
family.
White stated he has an issue with the hardcover and that it is difficult to understand what hardcover will
remain on the lot and the purpose it serves.
Anderson stated the Planning Commission had recommended that the hardcover be reduced to below 35
percent, which they have done by reducing the size of the deck, removing a portion of the pond, and
eliminating the back patio. The back road is owned by Three Rivers and the runoff off of the road comes
on to their property, which was the reason for the pond, and that the only hardcover they have added was
the boulders to help hold back the water runoff and a small patio.
Murphy asked for clarification of the gravel parking area.
Curtis stated the gravel parking area is proposed to remain and is included in the hardcover calculations.
Curtis illustrated the parking for the garage, which is located primarily on the railroad property.
McMillan asked whether there is a driveway in the back.
Curtis indicated there is not.
McMillan noted the back parking area is probably necessary when the Andersons have visitors.
Anderson indicated they can park approximately four cars in the back and three in the front.
Murphy stated the only way to reduce the hardcover in the 0-75 foot zone is to eliminate the parking area,
which is probably not feasible. Murphy commented it is difficult to determine which hardcover is
absolutely necessary for handling the water runoff.
Bremer indicated she is in agreement with the Planning Commission’s thoughts on this application and
that it is clear the pond is used as a holding pond.
Anderson thanked Ralph Kempf for his helpful comments when he visited their property.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 6 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 16
(7. #09-3422 RICHARD AND LEESA ANDERSON, 3205 CRYSTAL BAY ROAD, Continued)
Bremer moved, Franchot seconded, to direct Staff to draft a resolution approving Application
#09-3422, Richard and Leesa Anderson, 3205 Crystal Bay Road, granting of variances at the levels
indicated in Staff’s report. VOTE: Ayes 5, Nays 0.
8. #09-3423 HARVEST MOON NATURAL FOODS CO-OP, 2350-2380 WAYZATA
BOULEVARD WEST – COMMERCIAL SITE PLAN REVIEW, PUD
Curtis stated the applicant is requesting approval of a proposal to occupy the western 9,800 square feet of
the existing Otten Brothers’ building with a retail grocery store. The request consists of an amendment of
PUD No. 1 regarding approved uses and a parking variance. The original PUD for Otten Brothers
Nursery was approved in 1990. The original PUD agreement listed the approved uses, all of the B-6
permitted uses, the proposed greenhouse and greenhouse retail use. In addition, a number of permitted
uses from the B-1 zoning district were allowed. However, retail food was not one of those permitted
uses. Additionally, the Code requires 275 parking spaces for the uses on the site. The applicant is
requesting a variance to allow 132 parking spaces.
The exiting tenants will be relocated and Harvest Moon will modify the 9,800 square feet of retail space
for the grocery co-op. Approximately 7,000 square feet will be retail space and 2,800 square feet will be
designated as warehouse, prep areas, back room, kitchens and office spaces. According to City Code,
retail uses require one parking space for every 150 square feet of retail floor space. Based on this,
Harvest Moon requires 47 parking spaces.
The building is considered retail with elements of a garden supply store. The retail store portion of the
business needs 70 parking spaces and the greenhouse portion of the business would require 29 spaces.
The outdoor retail space has not been addressed. The Code views all of the retail, warehouse, outdoor
sales and storage equally when calculating parking needs for a garden supply store. Staff has separated
out the actual retail space from what is considered a garden supply store; i.e., greenhouse and outdoor
retail and storage spaces. Therefore, the 30,000 square feet of outdoor retail space directly adjacent to the
greenhouse space requires 37 parking spaces and is considered the main outdoor retail space. The
outdoor area further east across the driveway would require 92 parking spaces. According to City Code, a
total of 275 parking spaces are required for this site. The site currently has parking for 132 vehicles.
In Staff’s view, the 75,000 square foot outdoor storage area is not a primary retail space and would
question the reasonableness of requiring 183 parking spaces. The existing main access to the site is
located approximately 300 feet north of Wayzata Boulevard and 150 feet south of Kelley Parkway.
The applicants have provided Staff with a plan that depicts how future additional parking would be
handled.
Curtis noted the issue of the outlot and the access for the site off of Willow Drive has been addressed by
Planner Gaffron.
The Planning Commission voted 5-0 to recommend approval of the PUD amendment to allow retail foods
and approval of the parking variance.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 7 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 16
(8. #09-3423 HARVEST MOON NATURAL FOODS CO-OP, 2350-2380 WAYZATA
BOULEVARD WEST, Continued)
Planning Staff recommends approval of the parking variance and the amendment to PUD No. 1 to allow
retail foods as a permitted use for this site. Staff would further recommend that some sort of tentative
plan be worked out regarding future parking needs with this approval.
Gaffron stated in approximately 1990, when the property was subdivided, an outlot was created for a
future road between Willow Drive and Brown Road further east. The City has an easement over that road
from Otten Brothers, but it is unlikely the City will ever find a need to construct that connecting road.
The actual access point into the lot is south. A median extends south of the existing access point, and for
traffic coming south to turn in or coming north on Willow to turn left on Kelley , there are some difficult
maneuvers that will likely become worse in the future as the Stonebay development becomes more
heavily populated. There is some concern that in the future there may be sufficient traffic to relocate the
access point.
The Planning Commission’s discussion centered around the fact that access may become an issue in the
future and felt that it should be addressed at that time based on certain triggers recommended by Staff. It
is likely that the access point will need to be updated at some point in the future based on the development
of the surrounding development, which could be addressed in the PUD.
Franchot asked whether he would have a conflict of interest in this application since his wife is a member
of the co-op.
Mattick stated it could potentially raise the appearance of a conflict, particularly if there is a financial
interest involved.
Franchot indicated he would recuze himself from the discussion and vote.
White stated at the point in time when cars are beginning to be stacked up at that intersection, that could
be a trigger to evaluate the access.
Murphy commended the co-op for their dedication and hard work in pursuing this application. Murphy
also commended Cliff Otten for relocating some of his tenants inside the building to improve the situation
along Old Highway 12. Murphy noted a PUD amendment is required in order for this project to go
forward and that he would like to see Staff develop some triggers regarding the access.
McMillan indicated she is in agreement with Council Member Murphy on the trigger language, and that
possibly another trigger would be the growth of the co-op, such as if 50 percent or more use of the
building is grocery. McMillan stated as it currently stands, the co-op is a great idea for this building.
Bremer asked whether the PUD would allow the City to review this application.
Mattick stated the City could impose a square footage trigger on the co-op as part of the PUD.
White stated he would prefer that no carts be allowed out in the parking area given the limited parking.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 8 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 16
(8. #09-3423 HARVEST MOON NATURAL FOODS CO-OP, 2350-2380 WAYZATA
BOULEVARD WEST, Continued)
John O’Rielly, Otten Brothers, stated Otten Brothers has two months out of the year where they have an
increased demand for parking. Riley indicated their customers have the ability to shop at different times
of the day, any day of the week, rather than at a certain time of the day, which helps with the parking.
White recommended the resolution be specific to Harvest Moon and not be generic, which may enable
another grocery store to occupy this spot.
Mattick stated the applicant is Harvest Moon but that the performance criteria would be applied to any
user.
White asked whether another grocer could occupy this site without coming before the City Council.
Mattick stated the resolution is fairly specific to the applicant but that there is always the possibility that
another grocer could come in and occupy the site without coming before the Council.
Cliff Otten indicated he would prefer language in the resolution that states that once access becomes an
issue in the future, they can all sit down and discuss the issue, but that he is not agreeing at this time to
relocate the driveway.
McMillan noted Mr. Otten would have the opportunity to review the resolution prior to the Council
approving it.
Gaffron stated there would likely be a hearing process that would be needed before the City could require
the relocation of a driveway and that in his view there is a middle ground that could be reached and laid
out in the resolution.
Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution on Application
#09-3423, Harvest Moon Natural Foods Co-Op, 2350-2380 Wayzata Boulevard West, Commercial
Site Plan Review, PUD No. 1 amendment, with the understanding that Staff will work with the
applicant on language to be included in the resolution relating to access/traffic issues that may
develop at some point in the future. VOTE: Ayes 4, Nays 0, Franchot abstained.
9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD – VARIANCES
Michael Ebertz, Applicant, was present along with David Steingas, Builder.
Curtis stated the applicants are requesting a 75-250 foot zone hardcover variance to allow 7,083 square
feet of hardcover where 6,921 square feet was approved for the construction of the new residence, and a
street setback variance in order to construct entrance monuments with a gate on their property. One
monument is proposed to be 1-foot off of the lot line and the other is proposed at 12 feet from the lot line.
The gate is proposed to be as close as 21 feet to the paved traveled surface of Tonkawa Road.
The applicants have constructed entrance monuments for a gate on their property without building
permits. They were notified by the building inspector that permits were required and a survey showing
the location of the monuments was also required. Upon receipt of the survey, staff noted that one of the
monuments was located within the right-of-way of Tonkawa road. When notified of the setback issues,
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 9 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 10 of 16
(9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued)
the applicants chose to request a variance for the setback rather than move the monument out of the
County right-of-way.
In 2007, the applicants went through a variance process in order to construct a new home on the 1.07 acre
property. At that time entrance monuments were not considered part of the approved plan nor were they
accounted for in the hardcover calculations. The hardcover calculations that were submitted were not
prepared by the surveyor and reflect an increase in the area within each zone.
Staff finds that the plans must abide by the previous level of hardcover. There is no hardship to grant a
hardcover variance as the property is already considerably maxed out on hardcover. Additionally Staff
finds that although the location of the entrance monuments may be reasonable considering the distance
from the paved County road, the gate setback is not. The purpose for the 40-foot setback from the
roadway is to allow for stacking off the roadway when the gate is closed. A truck with a boat trailer
pulling into the property would be well into Tonkawa Road with the gate at the proposed location. When
a gate is proposed all of the calculations have to assume the gate is closed.
The Planning Commission voted 5-0 to recommend denial of the setback variance for the gate, denial of
the hardcover variance, and approval of the setback variance for the entrance monument consistent with
Staff’s recommendation.
Planning Staff recommends the City Council direct Staff to draft a resolution either approving or denying
the variances as proposed.
Ebertz distributed photographs of his driveway to the Council.
Ebertz stated at the time of the initial application, he did not have any children and that they currently
have one child and are expecting another child in the very near future, which is the impetus for their
request for a gate and monuments. Ebertz illustrated the monuments that would be removed and pointed
out that the photographs show there is significant room to park vehicles in the driveway before the gate.
McMillan asked whether the yard would be fenced in.
Ebertz indicated they have a natural fence consisting of arborvitae that they will be retaining.
Steingas stated they were granted a certain percentage of hardcover in the 0-75 at the time the Council
approved the original application and that both hardcover calculations were done by Mark Gronberg. The
line changed for the 75-250 foot zone and the hardcover followed that line change. In the 0-75 foot zone,
the square footage of that zone went down considerably and the hardcover went down slightly. The
hardcover is within the percentages approved even though the exact square footage does not comply.
McMillan asked whether Gronberg gave a reason for the change in hardcover.
Steingas stated to his understanding the rip-rap changed the square footage but that they were going with
the percentage versus the square footage.
White noted the house is five feet further back than what was original contemplated.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 10 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 16
(9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued)
Steingas stated the rest of the area complies in percentage to the original variance but that there is a
difference in square feet.
Curtis noted there is a difference of 162 square feet of additional hardcover, and that it is her
understanding from speaking with the landscaper that the additional hardcover consists of a retaining
wall.
Ebertz stated some of the hardcover that was proposed for the 0-75 foot zone is now located in the 75-250
foot zone.
Curtis stated the property does comply with the percentages of hardcover that were approved but that the
resolution does reflect a square footage.
Murphy asked what the remedy would be.
Curtis stated they would like some hardcover removed and that there is a retaining wall that could be
removed which was not in the original plan. Curtis indicated it is her understanding the driveway was
narrowed to offset the retaining wall.
Ebertz stated the retaining walls were constructed to help preserve two trees.
Murphy noted the City Council has had a number of discussions with the applicant and that this is
approximately the third or fourth after-the-fact variance that has occurred.
Curtis noted it is the fourth after-the-fact variance.
Steingas asked whether the City is getting too specific by requiring the exact square footage of every
hardcover area and that it might be easier to comply with a flat percentage. Steingas indicated he did
construct the house as best he could to comply with the City’s hardcover requirements and that he went
with the percentage since that is what is required by the City’s ordinance.
Murphy stated the major issue is the gate and the monuments and noted that the Planning Commission
recommended denial of the variances. Murphy asked whether this situation could be resolved by
relocating the driveway, which would help square the monuments and relocate the gates. Murphy stated
he has a concern that the arborvitaes will not keep the applicant’s children in the yard.
Curtis illustrated the original plan that has the driveway proposed at a more northerly location.
Steingas stated if the driveway is relocated further north, there is not enough driveway between the utility
pole and the house and that all the utilities would need to be moved.
McMillan asked whether rip-rap has changed a survey in the past.
Curtis indicated she has not had one that has changed the numbers so dramatically.
Franchot asked what the driveway is constructed out of.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 11 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 16
(9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued)
Ebertz indicated it consists of pavers that are partially permeable.
McMillan indicated she is in agreement that the gate needs to be relocated.
Franchot asked where the 40 foot requirement comes from.
Curtis stated it is a city requirement based on the fact that the property adjoins a county road.
Gaffron stated at the time the 40-foot standard was incorporated, Staff looked at different variations of
vehicles that could be stacked in the driveway. The 40 feet allowed for two vehicles to be stacked safely.
Curtis stated the vehicles depicted in the photographs are deliberately parked and do not reflect a normal
pulling in and parking situation.
Steingas pointed out that the gate would be in the open position the majority of the time.
McMillan commented that the Council cannot take that into consideration.
Franchot stated it seems to him to be somewhat inconsistent that credit is not given for permeable
materials to be utilized when the City looks favorably upon them. Franchot noted the gate is not
mechanized and that it would be likely it is left open the majority of the time.
Bremer asked why they are unable to comply with the 40-foot requirement.
Franchot noted the gate would cover up the sidewalk.
Steingas stated in order to clear the sidewalk, the gate would need to be positioned up higher. Steingas
noted the 34-foot length allows for two large vehicles to be parked in the driveway and that he was going
under the City’s old ordinance which required 34 feet.
Bremer stated in her view the boulders and retaining wall are not an issue but that the setback variance is
an issue. Bremer pointed out the applicant needs to demonstrate a hardship inherent to the land in order
to be granted a variance and that she personally would fence the entire property at the 40-foot line, which
would address the safety issue with the children.
Murphy stated the City Council would have had some rationale in mind at the time they changed the
requirement from 34 feet to 40 feet. Murphy stated in his opinion the gate and monuments are more for
aesthetics rather than for ensuring the safety of the children.
Ebertz stated they moved into this property in June and that he never envisioned at the time the house was
constructed that he would be this close to the road, which then raised a safety concern for his children.
The front yard is basically the only spot on the lot that his children will be able to ride a bicycle or play in
a flat area and that he is willing to look at whether a fence should be erected rather than the gate. Due to
the 75-foot setback, they are located closer to the road than originally contemplated and that if the gate is
required to be relocated further back, they would not be able to utilize the sidewalk.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 12 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 16
(9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued)
McMillan stated structures tend to remain longer than the owners, which is one of the reasons why the
City’s codes are drafted the way they are. McMillan noted the City Council is required to look at the
impact variances will have on the future.
White asked why the monuments are at an angle.
Murphy stated he would also like the functionality of the gate addressed as well.
Gaffron stated if 40 feet at the center line of the driveway is met, the posts would be perpendicular to the
driveway. If you go straight in, it pushes it back further. With the right-hand circle gate post located in
its present position, with an eight feet long gate, when opened it would cover the sidewalk, and that if the
gate swings all the way around, it may become a ground elevation issue for the gate.
White asked why they cannot reconfigure the gate.
Steingas stated by the time the 16-foot gate swings to the other side of the sidewalk, the ground is
significantly higher.
McMillan commented the gate could slide off to the side rather than swing out.
Steingas stated relocating the gate would also cut back on the size of the front yard.
White stated when his children were younger, he fenced in an area of his yard, and that he personally
would not rely on a row of arborvitae to keep children inside a certain area. White commented it does not
appear that the City Council is in favor of the setback variance, and that he would recommend the
applicant look at his options for the gate.
Ebertz asked whether the City Council would be supportive of a fence.
Bremer stated he would be allowed a 6-foot high fence along the county road up to the 75-foot line.
McMillan asked whether the applicant would like his application to be tabled.
Ebertz noted one of the monuments is located within the right-of-way and needs to be removed by
November 1st and that he was attempting to have all the work done at the same time.
Bremer commented the City Council has to look at the location of the gate as if the gate were closed all
the time.
White stated the City Council also needs to take into consideration the fact that the road is a county road
with vehicles going at a higher rate.
McMillan stated she would like the minutes to reflect that the increase in the hardcover is the result of the
two different surveys.
Bremer stated it appears likely that the City Council will not require the removal of the additional
hardcover.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 13 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 14 of 16
(9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued)
Steingas requested the City Council approve the existing hardcover and that they will come back with a
new plan if they elect to relocate the monuments and gate.
Murphy noted the setback is 40 feet.
Gaffron stated if the applicant chooses to erect fencing, he would be allowed to fence the property up to
the 75-foot line. Gaffron asked whether the size of the current monuments is okay.
McMillan stated the monuments would need to comply with the City’s ordinances.
Murphy moved, Bremer seconded, to direct Staff to draft a resolution that reflects the discussion of
tonight’s meeting. VOTE: Ayes 5, Nays 0.
*10. #09-3426 ROGER AND NANCY McCABE, 1265 SHORELINE DRIVE – VARIANCES –
RESOLUTION NO. 5868
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5868, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-305, 78-1279(6), 78-1288, for the Property
Located at 1265 Shoreline Drive. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Murphy recommended Staff develop a list of standards and criteria for permeable materials that can be
reviewed by both the City Council and the Planning Commission.
Franchot noted on a number of applications the City has been requiring that a portion of hardcover be
constructed out of permeable materials.
Murphy reiterated that he would like to see some type of a standard developed that can be used on the
applications.
McMillan noted that Julie Westerlund with the Minnehaha Watershed District is in the process of
preparing a talk on permeable materials for city councils, and suggested that she be scheduled to speak to
the Council at a work session and that a representative of the City’s engineering firm should be present as
well.
White noted that permeable materials need to be maintained on a regular basis in order to maintain their
permeability.
Franchot concurred that some standards should be developed.
CITY ENGINEER’S REPORT
None
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 14 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 15 of 16
CITY ADMINISTRATOR’S REPORT
*11. AUTHORIZATION TO SUBMIT GRANT APPLICATION TO ELECTION
ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES (EAID) GRANT PROGRAM –
RESOLUTION NO. 5869
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5869, a Resolution to Support the
Submittal of an Application to the Election Assistance for Individuals with Disabilities (EAID)
Grant Program. VOTE: Ayes 5, Nays 0.
*12. CLOSE FUNDS 313 AND 314 – RESOLUTION NO. 5870
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5870, a Resolution to Close the
1999 Improvement Bond Fund and the 2000 Improvement Bond Fund to the 2009 Improvement
Refunding Bond Fund. VOTE: Ayes 5, Nays 0.
*13. INSURANCE AGENT OF RECORD
Murphy moved, Bremer seconded, to approve Ronald Youngdahl of Northern Capital Insurance
Group as the Insurance Agent of Record with an annual fee for service of $8000 for 2010. VOTE:
Ayes 5, Nays 0.
*14. PURCHASE OF GOVOFFICE SOFTWARE
Murphy moved, Bremer seconded, to approve the purchase of GovOffice in the amount of $6,790,
to be funded by the Improvement Equipment Outlay Fund. VOTE: Ayes 5, Nays 0.
*15. CREDIT CARD PROCESSING
Murphy moved, Bremer seconded, to approve Payment Service Network as the City’s credit card
processor. VOTE: Ayes 5, Nays 0.
*16. ACCEPT RESIGNATION OF POLICE OFFICER JOHN SCHOENHOFF
Murphy moved, Bremer seconded, to accept the resignation of John Schoenhoff effective
November 29, 2009. VOTE: Ayes 5, Nays 0.
*17. DISPOSAL OF FORFEITED VEHICLES
Murphy moved, Bremer seconded, to approve the selling of the following forfeited vehicles: 1995
Pontiac VIN#1G2NE55M1SM520000, 1989 GMC VIN#2GTEK14K7K1564933, and 1998 Chrysler
VIN# 3C3EL55HXWT267459. VOTE: Ayes 5, Nays 0.
*18. LIQUIDATION OF BOAT AND TRAILER
Murphy moved, Bremer seconded, to approve the liquidation of a 1990 Wellcraft Nova XL23, Hull
ID#WELP61201990, and a 1991 EZ load trailer MN#CPT6317, through public auction. VOTE:
Ayes 5, Nays 0.
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 15 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 16 of 16
*19. REPLACEMENT OF OUTDOOR WARNING SIREN
Murphy moved, Bremer seconded, to approve the purchase and install a 130 db Federal Warning
System 2001 DC from Ready Watt Electric, at a cost of $15,828.20 from the Improvement
Equipment Outlay Fund. VOTE: Ayes 5, Nays 0.
20. APPOINTMENT OF PLANNING COMMISSION CHAIR AND VICE CHAIR
Bremer noted that Kim Kang is also running for the MN House of Representatives and that the amount of
time that she can devote to the Planning Commission may be limited if she is elected.
Bremer moved, Murphy seconded, to appoint Kim Kang to the position of Planning Commission
Chair and to appoint Loren Schoenzeit as the Planning Commission Vice-Chair. VOTE: Ayes 5,
Nays 0.
*21. REQUEST FOR PAYMENT #3 – MYRTLEWOOD UTILITY IMPROVEMENTS
PROJECT
Murphy moved, Bremer seconded, to approve Request for Payment No. 3 for the Myrtlewood
Utility Improvements Project, GM Contracting, Inc., in the amount of $9,156.90. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY’S REPORT
None
*22. LICENSES AND PERMITS
None
*23. BILLS
Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
ADJOURNMENT
Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 9:03 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 10/26/09
Approval of Council Minutes 10/12/09 [Page 16 of 16]
Item #03 - CC Agenda - 10/26/09
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[Page 1 of 6]
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[Page 5 of 6]
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[Page 6 of 6]
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Dakota Rail Trail Parking [Page 1 of 1]
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Item #10 - CC Agenda - 10/26/09
Accept Quotations for Sewer Main Repair
at 3390 North Shore Drive [Page 1 of 4]
Item #10 - CC Agenda - 10/26/09
Accept Quotations for Sewer Main Repair
at 3390 North Shore Drive [Page 2 of 4]
Item #10 - CC Agenda - 10/26/09
Accept Quotations for Sewer Main Repair
at 3390 North Shore Drive [Page 3 of 4]
Item #10 - CC Agenda - 10/26/09
Accept Quotations for Sewer Main Repair
at 3390 North Shore Drive [Page 4 of 4]
Item #11 - CC Agenda - 10/26/09
Resind Addendum to Contract for Fire Protection
Navarre Fire Station [Page 1 of 6]
Item #11 - CC Agenda - 10/26/09
Resind Addendum to Contract for Fire Protection
Navarre Fire Station [Page 2 of 6]
Item #11 - CC Agenda - 10/26/09
Resind Addendum to Contract for Fire Protection
Navarre Fire Station [Page 3 of 6]
Item #11 - CC Agenda - 10/26/09
Resind Addendum to Contract for Fire Protection
Navarre Fire Station [Page 4 of 6]
Item #11 - CC Agenda - 10/26/09
Resind Addendum to Contract for Fire Protection
Navarre Fire Station [Page 5 of 6]
Item #11 - CC Agenda - 10/26/09
Resind Addendum to Contract for Fire Protection
Navarre Fire Station [Page 6 of 6]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 1 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 2 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 3 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 4 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 5 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 6 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 7 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 8 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 9 of 10]
Item #12 - CC Agenda - 10/26/09
Request for Payment No. 6
Casco Point Reconstruction Project [Page 10 of 10]
Item #13 - CC Agenda - 10/26/09
Request for Change Order No. 1
Casco Point Reconstruction Project [Page 1 of 4]
Item #13 - CC Agenda - 10/26/09
Request for Change Order No. 1
Casco Point Reconstruction Project [Page 2 of 4]
Item #13 - CC Agenda - 10/26/09
Request for Change Order No. 1
Casco Point Reconstruction Project [Page 3 of 4]
Item #13 - CC Agenda - 10/26/09
Request for Change Order No. 1
Casco Point Reconstruction Project [Page 4 of 4]
Item #14 - CC Agenda - 10/26/09
Resolution in Support of County Rd 19 Trail Concept Design Plan
[Page 1 of 2]
Item #14 - CC Agenda - 10/26/09
Resolution in Support of County Rd 19 Trail Concept Design Plan
[Page 2 of 2]
Item #15 - CC Agenda - 10/26/09
Licenses & Permits [Page 1 of 1]
Item #16 - CC Agenda - 10/26/09
Bills [Page 1 of 10]
Item #16 - CC Agenda - 10/26/09
Bills [Page 2 of 10]
Item #16 - CC Agenda - 10/26/09
Bills [Page 3 of 10]
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Bills [Page 4 of 10]
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Bills [Page 5 of 10]
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Bills [Page 6 of 10]
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Bills [Page 7 of 10]
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Bills [Page 8 of 10]
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Bills [Page 9 of 10]
Item #16 - CC Agenda - 10/26/09
Bills [Page 10 of 10]