HomeMy WebLinkAbout04-28-2008 Council Packet Agenda for Council Meeting Set for Monday, April 28, 2008, 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 April 14, 2008
* 3. Special Council Meeting of April 23, 2008
Planning Commission Comments – Dick Kroeger, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
* 4. #08-3335 Douglas W. and Margaret S. Franchot, 2010 Colin Drive – Variance – Resolution
* 5. #08-3353 Gary and Kathryn Gangstee, 1374 Rest Point Road – Variance Renewal – Resolution
6. Orono Montessori, Michael Kuruvilla, 850 Wayzata Boulevard West
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
7. 2008 Mill and Overlay Project
8. Award of 2008 Street Seal Coat Bid
9. TH 12 Sewer and Water Service Connections – Approve Plans and Specifications and Advertise
for Quotes
10. Award of 2008 Liability and Workers Compensation Insurance Package
11. Accept Donations for Environmental Event KEEP IT COOL: April 20, 2008
12. Carpet Replacement for Public Works
City Attorney's Report
13. Licenses & Permits
Kennel License
Special Event
Agenda for Council Meeting Set for Monday, April 28, 2008, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
* 14. Bills
Upcoming Issues and Events
2008
04/26 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m.
04/26 – Arbor Day Celebration-Tree Giveaway, 8:00 am; Tree Planting, 10:00 a.m. at Crystal Bay Park
04/28 – Council Meeting, Monday, 7:00 p.m.
04/29 – Council Work Session, Tuesday, 6:15 p.m.
05/03 – Spring Cleanup Day, Construction Debris Only, Saturday, 8:00 a.m.-2:00 p.m.
05/07 – Planning Commission Work Session, Wednesday, 5:30 p.m.
05/12 – Council Meeting, Monday, 7:00 p.m.
05/13 – Council Work Session, Tuesday, 6:15 p.m.
05/13 – Environmental Summer Series-Class #1, Tuesday, 6:30 p.m. at Gray Freshwater Society
05/16 – Leaf and Grass Disposal, Friday, 9:00 a.m.-3:00 p.m.
05/17 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m.
05/19 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Jim Murphy)
05/23 – Leaf and Grass Disposal, Friday, 9:00 a.m.-3:00 p.m.
05/24 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m.
05/26 – HOLIDAY-Observance of Memorial Day
05/27 – Council Meeting, Tuesday, 7:00 p.m.
05/28 – Council Work Session, Wednesday, 6:15 p.m.
05/30 – Leaf and Grass Disposal, Friday, 9:00 a.m.-3:00 p.m.
05/30 – Spring Photo Contest Deadline
05/31 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m.
06/04 – Planning Commission Work Session, Wednesday, 5:30 p.m.
06/09 – Council Meeting, Monday, 7:00 p.m.
06/10 – Council Work Session, Tuesday, 6:15 p.m.
06/10 – Environmental Summer Series-Class #2, Tuesday, 6:30 p.m. at Gray Freshwater Society
06/16 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Lili McMillan)
06/23 – Council Meeting, Tuesday, 7:00 p.m.
06/24 – Council Work Session, Wednesday, 6:15 p.m.
07/15 – Environmental Summer Series-Class #3, Tuesday, 6:30 p.m. at Gray Freshwater Society
08/12 – Environmental Summer Series-Class #4, Tuesday, 6:30 p.m. at Gray Freshwater Society
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
ROLL
The Orono City Council met on the above-mentioned date with the following members present:
Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and David Rahn; City Attorney Soren
Mattick. Representing Staff were Finance Director Ron Olson, Assistant City Administrator for Long-
Term Strategy Mike Gaffron, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor Jim White arrived at 7:19 p.m.
Acting Mayor Murphy called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 11, 12, 13, and 16 were added to the Consent Agenda.
Bremer moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
It was the consensus of the City Council to move Item No. 4 to follow Item No. 6.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF MARCH 24, 2008
Bremer moved, Rahn seconded, to approve the minutes of the March 24, 2008, City Council
meeting as submitted. VOTE: Ayes 4, Nays 0.
PRESENTATIONS
3. INTRODUCTION OF LONG LAKE FIRE CHIEF
Randy Gilbert, Mayor of Long Lake, commented on the positive working relationship that the Cities
of Orono and Long Lake have developed over the past few years.
Gilbert introduced James Van Isle as the new fire chief of the Long Lake Fire Department.
Fire Chief James Van Isle thanked the Orono City Council for giving him the opportunity to serve as
fire chief.
Van Isle noted the Long Lake Fire Department is holding a pancake breakfast on April 20th. Van Isle
also noted that former Fire Chief Steve Becker has recently been diagnosed with lung cancer.
Acting Mayor Murphy, on behalf of the City of Orono, welcomed Fire Chief Van Isle to the City.
DISCUSSION ITEM
4. CARMANS BAY MILFOIL TREATMENT
This item follows Item No. 6.
PAGE 1 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 1 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
PLANNING COMMISSION COMMENTS – MICHELLE WINER, REPRESENTATIVE
Winer stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
*5. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN,
2745 SHADYWOOD ROAD – VARIANCE – RESOLUTION NO. 5741
Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5741, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-1279 and 78-1288, for the Property Located at
2745 Shadywood Road. VOTE: Ayes 4, Nays 0.
6. #08-3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE –
VARIANCE
Douglas and Margaret Franchot, Applicants, were present.
Turner stated the applicants are requesting a variance to construct an in-ground swimming pool on
their property along with a 34’ x 12’ multi-purpose pool building situated with the 34’ length facing
Colin Drive. The existing home is located 130 feet from Colin Drive. The required front yard setback
is 50 feet. The applicants are requesting a variance to construct the pool 75 feet from Colin Drive,
which is ten feet closer than previously proposed, and are also proposing to locate the pool building 50
feet from Colin Drive, which is nine feet closer than previously proposed. Both meet the front yard
setback but are still located ahead of the principal structure.
The Planning Commission has reviewed this application twice and has recommended 6 to 1 to deny
the variances based on the fact that the applicants have reasonable use of the property without the pool
and pool house, there are conforming locations on the property for the pool and pool house, and the
proposal, in particular the pool house, would not be compatible with the surrounding area. Turner
stated Staff is in agreement with the recommendation of the Planning Commission.
This property is served by an on-site septic system as opposed to City sewer. City sewer is not an
option as the property is not located within the MUSA. Prior to allowing the applicants to use the
potential septic treatment area in their yard, the applicants must prove to the City that sufficient
alternate septic locations are identified. The applicants have submitted their revised plans and the
City’s septic manager has deemed them acceptable. Turner noted the current septic system is
nonconforming and must be totally replaced.
Rahn expressed concern regarding the noise that would be generated from the use of the pool and
stated he would feel better about this application if he knew all the neighbors are in agreement with the
proposal.
PAGE 2 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 2 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(6. #08-3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE,
Continued)
Franchot indicated they have spoken with all of their neighbors regarding their proposal and that they
are in agreement with the plan. Franchot stated they have attempted to create a sensible plan for their
property and the neighbors and that the two sites that technically are conforming would locate the pool
immediately on their back line and dramatically closer to their neighbors’ house to the north, which is
located approximately 50 to 60 feet from their deck. Franchot stated they have attempted with this
proposal to locate the pool more in the center of their lot.
Franchot noted they do meet all of the City’s requirements for the setbacks except for the structure
being located in front of the principal structure.
Murphy asked the applicant to discuss the septic system and the trees on the lot and their general
location.
Franchot indicated his lot contains a number of mature trees, and illustrated on the overhead the three
separate areas where the mature trees are located. If the pool were located in the rear, a number of
mature trees would need to be removed. Franchot pointed out the two areas that have been designated
as septic sites.
McMillan inquired whether there are any other areas available for a septic site.
Franchot stated there is not.
Bremer stated in her view the Planning Commission was correct in their recommendation and
addressed the issues that were pertinent to the application but pointed out the City Council does have
the discretion to look at this application from a different perspective. Bremer indicated she does have
an issue with the pool house and that she personally would attempt to locate the pool and pool house
behind the house due to the visual impact of the structure from the street.
Franchot noted if the pool were located behind the residence, the amount of sun the pool would
receive would be approximately two and a half hours a day.
McMillan stated the reason for not allowing accessory buildings in front of a principal structure is to
reduce visual clutter from the roadway.
Turner concurred that the regulations regarding accessory structures in front of the principal structure
relate primarily to aesthetics.
Franchot stated they were informed early on in the application process that one of the reasons for the
ordinance is to maintain the streetscape and not have intrusions into the neighbors’ view. Franchot
noted there are only four lots on this private road and that the ordinance really does not apply in this
situation.
McMillan stated the view from the roadway would be dependent on how well the screening is
maintained in the future.
PAGE 3 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 3 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(6. #08-3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE,
Continued)
Murphy stated he would prefer not to use the language that the applicants have reasonable use of the
property without the pool and pool house. Murphy commented a large number of people in Orono
could do without certain things and that the language could be construed as somewhat demeaning to
the property owners.
Murphy commented in his neighborhood there have been two pools recently installed and that they
have not been used more than three or four weekends out of the summer. Murphy stated in his
situation he would prefer to have the pool that is located next to his lot actually in front of the principal
structure because it would then be further away from their lot line.
Alan Peterson, 2075 Watertown Road, illustrated on the overhead the location of their residence and
stated they are in favor of the applicants’ proposed location of the pool and pool building since it is a
better location for all the neighbors. Peterson noted they are aware that there will be some noise
generated from the use of the pool but that they are still in support of the project.
David Healy, 2135 Colin Drive, illustrated on the overhead the location of his residence and noted
they are the neighbors most directly affected by the pool. Healy indicated they are in favor of the
project in the location proposed by the Franchots and that they are confident the project will be
completed to high standards. Healy indicated they understand there will be some noise but that they
do not anticipate it to be a big issue.
Peterson stated given the large number of mature trees in the back yard, a number of trees would need
to be removed if they wish to gain sunlight.
John Earling, 2165 Colin Drive, stated given the site issues with this lot, the Franchots are limited in
their choice of location, and that the proposed location is a good compromise.
Mayor White stated this area is relatively isolated, has a number of mature trees, and that he does not
feel the noise generated from the use of the pool would become an issue.
Franchot indicated they are committed to putting in year-round screening.
McMillan asked what the applicants are considering for screening.
Franchot stated currently there is a number of trees and other plantings in proximity to the proposed
location and that they would like to plant some additional pine trees.
Rahn asked why the pool could not be moved further back.
Franchot stated they have located the pool as far back as possible given the septic sites.
Rahn stated the proposed location is feasible given the small number of houses located in this
neighborhood and the fact that all the neighbors are in agreement with the project.
McMillan inquired whether there would be plumbing inside the pool house.
PAGE 4 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 4 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(6. #08-3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE,
Continued)
Franchot stated they would like to construct a small bathroom inside the structure given the distance of
the pool from the house.
Turner noted the recent code change does allow a bathroom to be installed in an accessory structure
without a conditional use permit.
Bremer moved, White seconded, to direct Staff to draft a resolution approving Application No.
08-3335, Douglas and Margaret Franchot, 2010 Colin Drive. VOTE: Ayes 4, Nays 1, McMillan
Opposed.
DISCUSSION ITEM
4. CARMANS BAY MILFOIL TREATMENT
Mike Huddy addressed the Orono City Council on the proposed milfoil treatment plan for Carmans
Bay. Huddy noted he does hold a doctorate in natural resources management and economics and he is
also a licensed herbicide applicator in the state of Oregon. In the past few years the milfoil has been
harvested, which does not control its growth but merely cuts it down to a certain level. Huddy
indicated milfoil is the type of vegetation that sprouts from cuttings and that the harvesting has
actually helped it spread. Huddy stated one of the treatments that has been successful in over 300
lakes in Michigan is to selectively use certain types of pesticides, which helps to remove the exotic
weeds and leaves the native vegetation.
Huddy stated three bays have been selected for treatment of the herbicides and that some of the
residents have been out attempting to raise money to cover the costs for the treatment. Huddy
distributed a list of the people who are in favor of the milfoil treatment, noting that a large number of
the lakeshore residents are in favor of the project. Huddy noted the residents who are not in favor of
the treatment would not have the area in front of their lakeshore treated. The LMCD and the DNR
would also be contributing some funding towards this project. It is the intention of the Lake
Minnetonka Association to develop a five-year financing plan for this type of project in the future.
Rahn asked whether it is the intention to treat all of Gray’s Bay.
Huddy indicated that is his understanding. Huddy noted the treatment areas are depicted in the report
that has been distributed to the City and that they are attempting to target the areas where the milfoil is
the heaviest.
McMillan noted one of the primary goals of the project is to help establish the native vegetation and
that the lake would still contain some types of weeds following this treatment. McMillan
recommended the residents be informed that the lake will not be devegetated.
Huddy stated some residents may still choose to do some spot treating to clear an area for swimming
but that the lakeshore owners have been told this treatment will only take care of milfoil and curly leaf
pond weed.
PAGE 5 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 5 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(4. CARMANS BAY MILFOIL TREATMENT, Continued)
Jeff Essen, 2648 Casco Point Road, stated their area is infested with a native weed called coon tail and
that this treatment will not solve that issue. Essen indicated he has signed the consent form because
milfoil is a problem on the lake and needs to be addressed.
McMillan asked whether the LMCD would be asked to do any harvesting on the bay.
Huddy stated they would not be.
Runkle stated in his opinion the treatment is not extensive enough but that he is in agreement that
something needs to be done to help eradicate the milfoil. Runkle stated this treatment would not
address issues with enabling property owners to use the lake for recreation. Runkle stated in his
opinion this treatment will not improve the quality of the lake and that a better solution would be to
look at a combination of treatments.
Mayor White stated he would not be opposed to signing the consent on behalf of the City given the
large number of residents who have indicated their support of the treatment.
Murphy stated in his view the City has seen a steady decline in the number of chemicals that are being
allowed to be used on lakeshore properties and that he has some concerns about the use of chemicals
on the lake and how effective they will be. Murphy indicated he would like to have further
information on the treatment program before supporting it.
Huddy indicated the types of chemicals that are being proposed would not kill everything but would
help to eradicate specifically the milfoil, which tends to get very dense. Huddy stated in his opinion
this treatment plan is a better option than harvesting the milfoil and that the amount of chemicals that
would be used per square foot of water is very small. Huddy agreed there needs to be some vigilant
monitoring of the program and that this is not a one-year fix and would need to be done for a period of
years. Huddy noted the amount of chemicals needed every year would be reduced.
McMillan commented it is very difficult to do lake management because there are a number of
dynamic forces that have to be taken into consideration. McMillan expressed a concern about treating
the entire lake and recommended that some smaller areas be done on a trial basis. McMillan
recommended some literature from the LMCD be distributed to the residents to help educate them on
the types of vegetation that are in the lake.
Bremer indicated she is very supportive of this project and that the harvesting of the milfoil is not
necessarily a good solution given the amount of milfoil cuttings that routinely wash up on shore.
White moved, Bremer seconded, to grant permission to Lake Minnetonka Association for
treatment of the portions of lake adjacent to City properties on Carmans Bay. VOTE: Ayes 4,
Nays 1, Murphy Opposed.
PAGE 6 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 6 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
*7. #08-3338 THOMAS AND KATHERINE ZIEGLER, 2264 SHADYWOOD ROAD –
VARIANCE – RESOLUTION NO. 5742
Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5742, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-350, 78-1279, and 78-1288, for the Property
Located at 2264 Shadywood Road. VOTE: Ayes 4, Nays 0.
8. #08-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT GROUP, LLC,
B-1 ZONING DISTRICT – ZONING CODE AMENDMENT
Barry Tanner, Applicant, was present.
Mayor White asked whether it is the intention of Mr. Tanner to operate the bowling alley if this zoning
code amendment is approved.
Tanner indicated he would be.
Gaffron stated the applicant is requesting the B-1 district be amended to allow for bowling centers.
White stated in his opinion there are some issues with policing of the area and parking and that this is
not a good location for the bowling center.
Gaffron stated the zoning code that has been in effect since at least 1975 does not allow a bowling
alley.
Tanner noted the bowling alley has existed at this location from the 1950’s until approximately 2003.
Murphy stated in his view bowling is a good recreational activity for people of all ages and that the
bowling alley would be relatively benign in terms of noise and other issues. Murphy raised a question
of how loitering by teenagers around the bowling center would be prevented.
Turner stated the City Council does not have to go with the broad category of commercial recreation
and could list out specific types of recreation that the City would be willing to approve.
McMillan noted the broad category of commercial recreation includes a large number of things, such
as cinemas, theatres, athletic clubs, tennis centers, etc., which tend to require large structures, and that
they would not necessarily be ideal for Navarre.
Rahn expressed a concern with the proposed location of the bowling center and the issues that would
be created with parking, noise, and the close proximity to a residential area.
Tanner noted a bowling alley has existed at this location previously and that he has spoken to the
neighbors regarding this proposal. Tanner stated in his view ample parking is available for the
bowling alley.
Murphy stated he is uncomfortable discussing this specific bowling alley without an application.
PAGE 7 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 7 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(8. #08-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT GROUP, LLC, B-
1 ZONING DISTRICT – ZONING CODE AMENDMENT, Continued)
White commented he would like the applicant to be aware of the issues the City has experienced in the
past at this location.
Murphy asked if the broader category of commercial recreation is used, whether the City is potentially
inviting more of the types of facilities raised by Council Member McMillan or whether the City should
limit it specifically to bowling centers.
Mattick stated the City Council does have the ability to limit the types of uses and that the term
commercial recreation could be the starting point of the discussion. From a zoning perspective,
zoning districts are created for specific uses that are delineated but that certain conditions could be
placed on the use itself.
McMillan noted the City’s B-1 Districts are very small in size.
Murphy asked how many lanes this bowling center has.
Tanner stated there are ten lanes currently.
Murphy suggested Staff be directed to draft some code language that the Council can review.
Tanner stated they have researched police records since the 1980s and have not found any records
citing problems with the property. Tanner indicated they would also like to have some video games
and a couple of pool tables. Tanner noted they are not proposing to make any changes to the exterior
of the structure and would not offer set-ups.
Bremer commented she recalls reviewing the City’s zoning districts approximately five years ago and
changing some of the categories. Bremer stated she would prefer to see it be a conditional use rather
than a permitted use.
Gaffron stated to his knowledge this list has not changed for a number of years. Gaffron questioned
whether certain conditions should be incorporated into the code to give the code some clarity rather
than leaving it so broad.
White stated in his opinion there needs to be further discussions with Staff and the Planning
Commission on this issue given the ramifications that could result if the City approves the broad
category of commercial recreation and that the issues and uses should be better defined.
Gaffron noted the Council has until June 19th to act on this application.
Turner indicated some municipalities have incorporated language into their code restricting the size of
the structure.
Gaffron stated Staff will research other cities’ codes to see what they allow or disallow.
The City Council took no formal action on this application.
PAGE 8 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 8 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
*9. #08-3354 KERN HOPPE, 1150 WYNDMERE ROAD – RENEWAL OF
PRELIMINARY PLAT – RESOLUTION NO. 5743
Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5743, a Resolution Extending the
Preliminary Approval of a Class II Subdivision for Property Located at 1150 Wyndmere Road.
VOTE: Ayes 4, Nays 0.
10. #08-3350 J SVEN GUSTAFSON FOR FREDERICK PETERS, 3127 CASCO
CIRCLE – VARIANCES
J. Sven Gustafson, Stonewood, LLC, and Frederick Peters, Property Owner, were present.
Gustafson stated they are proposing to construct a tennis court larger than 1,000 square feet in the
street yard of a replacement residence and are requesting a variance to allow them to locate the tennis
court between the house and the street; a side setback variance to place the tennis court 22 feet from
the northerly property line, and a hardcover variance to have 37 percent hardcover in the 250 to 500
foot zone.
The owner is proposing to remove the existing house and tennis court and construct a new house and
tennis court. The new house would be located where the rear portion of the existing tennis court is.
The new tennis court would be located between the birch trees in the island in the existing driveway
and the street. The net result of the proposal would result in a reduction in the hardcover. The
topography of the site is steep and is a challenging lot to locate the house in a location that conforms
with Orono’s codes. Gustafson indicated the location of the residence is pretty limited to the proposed
location given the various setbacks that would need to be complied with.
Rahn asked whether it would make sense for the City to have city-owned tennis courts rather than
have individual property owners construct tennis courts on their lots.
Gustafson stated if the applicant is unable to relocate the tennis court, he would likely remodel the
residence and leave the tennis court as is.
Murphy asked whether the drainage issues have been resolved.
Kellogg noted there was an easement granted to the neighboring property owner that restricts what can
be done on this site.
Turner stated the present drainage does not function adequately and that the neighbor has indicated he
is fine with the location of the house.
Gustafson stated basically the street side of the property drains to the area that is delineated in red on
the overhead and that they would like to pitch the driveway to the south more to help drain the water
away from the neighbor’s easement and help direct the runoff across the property.
Kellogg pointed out the orientation of the garage also restricts the ability to construct a swale in that
area. Kellogg noted they would be visiting the property tomorrow to review the drainage situation and
that it is likely the applicant would need to submit some drainage calculations and a revised drainage
plan showing how they would handle the runoff.
PAGE 9 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 9 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(10. #08-3350 J SVEN GUSTAFSON FOR FREDERICK PETERS, 3127 CASCO CIRCLE,
Continued)
McMillan asked whether rain gardens are being considered.
Gustafson stated there was a very limited discussion on that at the Planning Commission meeting and
that no further consideration has been given to rain gardens.
McMillan noted one of the recommendations of Staff was the incorporation of rain gardens.
Turner stated Staff is recommending that the applicant incorporate whatever methods are
recommended by the City Engineer and that rain gardens may not be required if a better alternative is
recommended.
Peters stated to his recollection the videotape taken by his neighbor shows a major rainstorm that
occurred approximately three years ago and that normally the runoff is not as severe as what was
depicted in the tape. Peters noted he has removed a couple of large trees to help with the runoff
situation.
White stated if the drainage issue is not resolved, the project cannot occur.
Murphy commented the question is whether the application should be tabled or subject to approval of
the city engineer.
Kellogg stated if the application is approved with a number of conditions, someone would need to
monitor the application to ensure that all the conditions were completed.
Turner noted Staff has not prepared a resolution for this application and that the City Council could
direct Staff to draft a resolution at this time but not to bring it forward to the City Council until the
issues relating to drainage are resolved to the satisfaction of the City Engineer.
Murphy moved, Rahn seconded, to direct Staff to draft a resolution for Application #08-3350, J.
Sven Gustafson, 3127 Casco Circle, approving the variances subject to the engineering/drainage
issues being resolved to the satisfaction of the City Engineer, and further subject to the
recommendations of the Planning Commission listed in the April 14, 2008 Planner’s Report.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Rahn reported he did attend the meeting at the Gillespie Center last week and that to his recollection
the City Council was looking for further discussion by the parties on how this center would be viable
in the future. Rahn stated the meeting was very informative but that he has concerns over the amount
of funding being requested given the limited number of Orono residents that utilize the center.
Murphy asked whether the Spring Park mayor suggested a joint powers agreement and if that was
discussed.
Rahn stated he did but that there was not any further discussion on the subject.
PAGE 10 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 10 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(MAYOR/COUNCIL REPORT, Continued)
White noted the state court administration is considering closing the Ridgedale Court, which will have
a negative impact on the citizens in this area and require the residents to drive down to the Hennepin
County Government Center. White noted if the court at Ridgedale is closed, it would have a negative
impact on the police department’s budget. White stated this issue would be discussed at the county
board meeting and recommended someone from the City attend that meeting.
McMillan noted the residents on Orono Orchard Road had a meeting on County Road 15 and that
Ron Olson did a good job of addressing the three main issues. McMillan indicated it is likely the trail
will remain in its present location rather than be relocated.
Murphy asked whether there is a time table for that project.
Olson stated construction will probably get started this summer.
Bremer reported that Casco Point had a power outage for approximately seven hours and that the
problem came about because the utilities were located above ground and the equipment in the area is
antiquated.
White reported Hennepin County approved the City’s trail grant and that the committee hopes to get
started on a feasibility plan.
White stated within the next two weeks the City should have an interim city administrator on board.
CITY ENGINEER’S REPORT
City Engineer Kellogg stated they did open the bids for the City’s 2008 street projects and they will be
brought before the Council at their next meeting. Kellogg noted the bids were favorable and came in
lower than projected.
CITY ADMIINISTRATOR’S REPORT
*11. ACCEPT RESIGNATION OF IT TECHNICIAN PHILLIP GIMBER
Bremer moved, Rahn seconded, to accept the resignation of Phillip Gimber, IT Technician,
effective April 14, 2008. VOTE: Ayes 4, Nays 0.
*12. AUTHORIZATION TO PURCHASE VEHICLE
Bremer moved, Rahn seconded, to authorize the purchase of a 2006 Jeep from Long Lake
Motors, Inc., for $11,520 minus the trade of the 2000 Dodge Caravan with Orono Bargain Lot
for $2,300. Total purchase price of $9,220.00 to Long Lake Motors, Inc. VOTE: Ayes 4, Nays
0.
PAGE 11 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 11 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
*13. CREATION OF STANDING COMMITTEES
Bremer moved, Rahn seconded, to establish the standing committees as listed in the April 14,
2008 Memorandum. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY’S REPORT
14. LIQUOR COMPLIANCE CHECKS
Mattick reported there was a failure on a liquor license compliance check at the Narrows Saloon in
November of 2007 and that typically the City forwards that on for prosecution. Mattick stated once
the person in violation has been prosecuted, those results would be brought back before the Council
and that typically what then happens is that the Council would impose some sanctions on the facility.
Mattick noted the City’s Code does not have a time table incorporated into their code and that he
would recommend this be treated as a first time offense. Mattick noted the Narrows Saloon was cited
previously for failure to pass a liquor license compliance check but that it has been a number of years.
Mattick stated the City has the ability to raise the amount of the fine with each subsequent offense.
Murphy stated he has issues with treating this as a first time offense given the number of problems the
City has encountered in the past with the Narrows Saloon and that he would like it made very clear
that the City considers this a second offense.
White agreed that this is the second time the Narrows Saloon has been cited for serving liquor to
minors but that the City should have some type of time frame outlined in its code for when the
offenses would be considered a first offense, second offense, and third offense out of fairness to the
establishments.
It was the consensus of the City Council to proceed with the violation as recommended by City
Attorney Mattick.
15. LICENSES & PERMITS
GARBAGE HAULER
1. Vintage Waste Systems, Inc.
P.O. Box 477
Mound, MN 55364
Murphy asked how many garbage haulers the City has currently and whether the prices vary that
much.
McMillan stated there is a wide fluctuation in the prices being charged by the various haulers.
Emilee Metcalf, Vintage Waste Systems, distributed some fliers to the Council. Metcalf noted their
company offers some very competitive prices due to the fact that their trucks are smaller, which allows
them to offer services that other larger trucks cannot offer. Vintage has been approved to haul in
Greenwood, Minnetonka, Woodland, and Independence. In addition, Vintage offers organic recycling.
PAGE 12 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 12 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 14, 2008
7:00 o’clock p.m.
__________________________________________________________________________________
(15. LICENSES & PERMITS, Continued)
SPECIAL EVENT
2. Applicant: Rebecca Iverson and Jesse Lucking
Event: Wedding Reception with Music
Location: 4640 North Shore Drive
Date: Saturday, June 14, 2008
Time: 4:00 p.m. – 11:30 p.m.
Rahn moved, Murphy seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0.
*16. TRANSIENT MERCHANT LICENSE AND EXTENSION REQUEST
Bremer moved, Rahn seconded, to approve the transient merchant license for Caio Cello of
Linder’s Greenhouses, Inc., for the initial period of 10 days, and grant an extension for an
additional 50 days to operate a temporary flower mart at 3421 Shoreline Drive. VOTE: Ayes 4,
Nays 0.
*17. BILLS
Bremer moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
ADJOURNMENT
Murphy moved, Bremer seconded, to adjourn the meeting of the Orono City Council meeting at
9:35 p.m. VOTE: Ayes 5, Nays 0.
There being no further business to discuss, the meeting was adjourned at 9:35 p.m.
ATTEST:
___________________________________ ____________________________________
Linda S. Vee, City Clerk James M. White, Mayor
PAGE 13 of 13
Item #02 - CC Agenda - 04/28/08
Approval of Council Minutes 04/14/08 [Page 13 of 13]
MINUTES OF THE SPECIAL COUNCIL MEETING
HELD AT 3:00 P.M. ON WEDNESDAY, APRIL 23, 2008
IN THE ORONO COUNCIL CHAMBERS
Roll Call
Members Present: Mayor Jim White and Council Members Lili McMillan and Jim Murphy.
Members Absent: Council Members Cynthia Bremer and Dave Rahn
Staff Present: Finance Director Ron Olson and Recorder Lin Vee
Mayor White called the meeting to order at 3:20 p.m.
Mayor/City Administrator's Report
1. Agreement for Services of an Interim City Administrator
Mayor White stated the purpose of the meeting was to appoint Jay Kiedrowski as the Interim City
Administrator. Mr. Kiedrowski is currently a Senior Fellow at the University of Minnesota’s
Hubert H. Humphrey Institute of Public Affairs where he teaches courses in public management,
leadership, and financial management. He has a strong background in finance and served as the
State’s Finance Director in the 1980’s. In addition, he is a retired Executive Vice President of
Wells Fargo, Institutional Investments.
Mr. Kiedrowski will be employed through the end of August. City Attorney Soren Mattick has
reviewed the Interim City Administrator Employment Agreement and Mr. Kiedrowski has agreed
to the terms.
Murphy moved and McMillan seconded, the appointment of Jay Kiedrowski as the Interim
City Administrator from April 23 through August 28, 2008. VOTE: Ayes 3, Nays 0.
Adjournment
McMillan moved, Murphy seconded, adjournment at 3:24 p.m. VOTE: Ayes 3, Nays 0.
ATTEST:
________________________________ _______________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #03 - CC Agenda 04/28/08
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Item #07 - CC Agenda - 04/28/08
2008 Mill and Overlay Project [Page 1 of 6]
Item #07 - CC Agenda - 04/28/08
2008 Mill and Overlay Project [Page 2 of 6]
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2008 Mill and Overlay Project [Page 3 of 6]
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2008 Mill and Overlay Project [Page 4 of 6]
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2008 Mill and Overlay Project [Page 5 of 6]
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2008 Mill and Overlay Project [Page 6 of 6]
Item #08 - CC Agenda - 04/28/08
Award of 2008 Street Seal Coat Bid [Page 1 of 4]
Item #08 - CC Agenda - 04/28/08
Award of 2008 Street Seal Coat Bid [Page 2 of 4]
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Award of 2008 Street Seal Coat Bid [Page 3 of 4]
Item #08 - CC Agenda - 04/28/08
Award of 2008 Street Seal Coat Bid [Page 4 of 4]
Item #9 - CC Agenda - 04/28/08
TH12 Sewer & Water Service Conncetions [Page 1 of 3]
Item #9 - CC Agenda - 04/28/08
TH12 Sewer & Water Service Conncetions [Page 2 of 3]
Item #9 - CC Agenda - 04/28/08
TH12 Sewer & Water Service Conncetions [Page 3 of 3]
Item #10 - CC Agenda - 04/28/08
Award of 2008 Liability & Workers Comp Insurance Package [Page 1 of 3]
Item #10 - CC Agenda - 04/28/08
Award of 2008 Liability & Workers Comp Insurance Package [Page 2 of 3]
Item #10 - CC Agenda - 04/28/08
Award of 2008 Liability & Workers Comp Insurance Package [Page 3 of 3]
Item #11 - CC Agenda - 04/28/08
Accept Donations for Environmental Event KEEP IT COOL: April 20, 2008 [Page 1 of 2]
Item #11 - CC Agenda - 04/28/08
Accept Donations for Environmental Event KEEP IT COOL: April 20, 2008 [Page 2 of 2]
Item #12 - CC Agenda - 04/28/08
Carpet Replacement for Public Works [Page 1 of 1]
Item #13 - CC Agenda - 04/28/08
Licenses & Permits [Page 1 of 8]
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Licenses & Permits [Page 2 of 8]
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Licenses & Permits [Page 8 of 8]
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Bills [Page 1 of 8]
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Bills [Page 7 of 8]
Item #14 - CC Agenda - 04/28/08
Bills [Page 8 of 8]