HomeMy WebLinkAbout09-22-2008 Council Packet Agenda for Council Meeting Set for Monday, September 22, 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 September 8, 2008
Presentation
3. Funding for Gillespie Center
Planning Commission Comments – Ralph Kempf, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
4. #08-3370 Barb and Kevin Dulin with J. Sven Gustafson of Stonewood, LLC, 1785 Concordia
Street – Variances and Conditional Use Permit
5. #08-3374 William G. Robinson, 505 Willow Drive South – Preliminary Plat – Resolution
* 6. #08-3375 Michael and Mary Drazan, 3546 Ivy Place – Variances and Conditional Use Permit –
Resolution
* 7. #08-3379 Wold Architects & Engineers on behalf of Independent School District #278, 685,
765 and 795 Old Crystal Bay Road North – Conditional Use Permit – Resolution
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
8. Appointment of 2008 General Election Judges – Resolution
9. Request for Payment No. 3 and Final – TH 12/Old Crystal Bay Road Water Main Improvements
City Attorney's Report
10. Licenses & Permits
Special Event
Agenda for Council Meeting Set for Monday, September 22, 2008, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
* 11. Bills
Upcoming Issues and Events
2008
09/22 – Council Meeting, Monday, 7:00 p.m.
09/23 – Council Work Session, Tuesday, 6:15 p.m.
09/24 – Casco Point Reconstruction Neighborhood Meeting, Freshwater Center, Wednesday, 7:00 p.m.
10/01 – Planning Commission Work Session, Wednesday, 5:30 p.m.
10/03 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m.
10/04 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m.
10/10 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m.
10/11 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m.
10/13 – Council Meeting, Monday, 7:00 p.m.
10/14 – Council Work Session, Tuesday, 6:15 p.m.
10/17 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m.
10/18 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m.
10/20 – Planning Commission Meeting, Monday, 6:15 p.m. (Council Liaison – Jim Murphy)
10/24 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m.
10/25 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m.
10/27 – Council Meeting, Monday, 7:00 p.m.
10/28 – Council Work Session, Tuesday, 6:00 p.m.
10/31 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m.
11/01 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m.
11/01 – Absentee Voting at City Hall, Saturday, 10:00 a.m. - 3:00 p.m.
11/03 – Absentee Voting at City Hall until 5:00 p.m., Monday
11/04 – GENERAL ELECTION, Tuesday, 7:00 a.m. - 8:00 p.m.
11/05 – Planning Commission Work Session, Wednesday, 5:30 p.m.
11/10 – Council Meeting, Monday, 7:00 p.m.
11/11 – HOLIDAY, Observance of Veterans Day, Tuesday
11/12 – Council Work Session, Wednesday, 6:15 p.m.
11/17 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Lili McMillan)
11/24 – Council Meeting, Monday, 7:00 p.m.
11/25 – Council Work Session, Tuesday, 6:00 p.m.
11/27 – HOLIDAY, Observance of Thanksgiving Day
11/28 – HOLIDAY, Observance of Thanksgiving Day
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
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PAGE 1 of 12
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members Lili McMillan, and David Rahn. Representing Staff were Finance
Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Planner
Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Bremer
arrived at 7:12 p.m.
Mayor White called the meeting to order at 7:04 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
1. CONSENT AGENDA ITEMS
Items 5, 7 - 10, 12 - 16 were added to the Consent Agenda.
Rahn moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF AUGUST 25, 2008
Rahn moved, McMillan seconded, to approve the minutes of the Orono City Council meeting of
August 25, 2008, as submitted. VOTE: Ayes 3, Nays 0.
LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE
McDermott reported the LMCD took their annual lake tour in August and also had their marine owners’
meeting this past month, which had a very good return. The marine owners expressed a number of
concerns regarding the LMCD’s ordinances and the fact that the 8-foot wide slips are too small for
today’s boats. The marine owners would also like to have the ability to replace dolphin poles when they
break without having to obtain a variance.
McDermott stated as it relates to complaints to the LMCD, if there is a complaint by someone in the
general public regarding a dock, the LMCD will look into it, but if it is not an adjoining property owner
and the complaint is about a dock setback issue, the LMCD typically will not look into the situation.
As it relates to the milfoil treatment, Grays Bay and Phelps Bay has been retreated at no cost to the
taxpayers by the applicator. However, Carmen’s Bay had a different applicator and was not retreated.
McDermott stated the milfoil is better in some areas on Carmen’s Bay, and of the two bays that were
retreated, approximately 90 percent of the milfoil appears to be under control.
White asked whether there was less boat traffic on the area lakes this year.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 1 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
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PAGE 2 of 12
(LMCD REPORT, Continued)
McDermott stated the number of launches on a Friday and/or Saturday were down from previous years
but not considerably. In addition, the number of gas sales at the marinas are down significantly.
PLANNING COMMISSION MEETING – Ralph Kempf, Representative
Kempf stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS – (Limit 5 Minutes Per Person)
Dave Runkle, 2684 Casco Point, commented he was disappointed that Carmen’s Bay was not treated
twice. Runkle stated in his view the current plan is defective and should be reviewed prior to next year.
Runkle stated he would like to see the City develop a communications plan that includes fiber optics to
the residences in the area. Runkle suggested the City look into investing in the infrastructure with
LMCC’s consultant Eric Lapham and that he would be willing to provide his contact information to the
City.
White noted the City has already been in touch with Mr. Lapham on this subject and that the City is
looking at its options at the present time.
Bill Bauman, Stonebay, stated he had the understanding that the Stonebay development was going to be
on the agenda tonight and asked what the progress is on that development.
Gaffron stated Staff has been working with Arnie Zachman and others on compiling quotes for the
infrastructure to finish Stonebay. Gaffron noted that on tonight’s consent agenda was an item relating to
concrete work in that development. That work should be completed this fall in order to allow for the
final coat of asphalt. Staff is also in the process of obtaining and analyzing quotes to finish the
landscaping and wetland restoration.
Gaffron stated in addition, Staff is looking to obtain quotes to replace the dead trees.
Kellogg stated they are also looking at the installation of an outlet structure in the westerly wetland,
which will hopefully be completed this winter.
Bauman commented he would like to see the work continue to move forward and that the Stonebay
residents are willing to help out in any way they can.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 2 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 3 of 12
ZONING ADMINISTRATOR’S REPORT
*3. #08-3350 J. SVEN GUSTAFSON WITH STONEWOOD, LLC, ON BEHALF OF
FREDERICK C. PETERS, 3127 CASCO CIRCLE – VARIANCES – RESOLUTION NO. 5765
Rahn moved, Bremer seconded, to adopt RESOLUTION NO. 5765, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-1288 and 78-1404, for the property located at
3127 Casco Circle. VOTE: Ayes 3, Nays 0.
4. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF
STONEWOOD, LLC, 1785 CONCORDIA STREET – VARIANCES AND CONDITIONAL USE
PERMIT
Barb and Kevin Dulin, Applicants; J. Sven Gustafson, Stonewood, LLC; and Kathi Alexander,
Designer, were present.
Turner stated the applicants are requesting a hardcover variance to enable them to replace the existing
structure on the site. The applicants are requesting hardcover in the amount of 29.41 percent in the
75-250 foot zone. They are also requesting a conditional use permit to rearrange the location of the
floodplain on the property. A good portion of the property consists of floodplain and the applicants are
proposing to fill some areas and excavate others in order to maintain the same flood storage capacity.
The location of the building site is proposed to be properly elevated.
The Planning Commission reviewed this application on two separate occasions, with the applicants
making some revisions to their proposal. The applicants originally were requesting hardcover of
approximately 34 percent, which has been decreased to 29.41 percent. The Planning Commission
recommended denial of both the hardcover variance and the conditional use permit.
Planning Staff would recommend denial of the hardcover variance but approval of the conditional use
permit once the site plan is revised to eliminate the hardcover variance and address the City Engineer’s
concerns.
Kevin Dulin addressed the City Council regarding his application, noting that what they are proposing
will fix all of the nonconformities currently on the site except for one. The first issue is that 12 percent
of the house lies within the 0-75 foot zone, which would be eliminated by relocating the house out of
that zone.
Gustafson noted that there is 12.5 percent hardcover in the 0-75 foot setback.
Dulin stated a variance to add an addition to the residence was granted to the property in 1988 and that
this project would eliminate that variance to the lake setback. The third issue is the garage side setback.
Currently at the closest point the garage is located 3.3 feet from the property line and they are proposing
to relocate the garage to make it conform to the side setback requirements.
In addition, the property is located in the floodplain. Dulin indicated they experience flooding on the
property whenever they receive over one inch of rain. They are proposing to eliminate the basement
floodplain encroachment and also address the drainage on the property.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 3 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 4 of 12
(4. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD,
LLC, 1785 CONCORDIA STREET, Continued)
Gustafson noted their proposal does balance the amount of floodplain located on the site.
McMillan asked whether the drainage problem is a function of the floodplain, an ice ridge, or runoff
from the neighboring properties.
Gustafson stated it is a combination of all three.
Turner commented in her view the majority of the drainage problem results from the ice ridge.
Dulin stated they do not have rip-rap but rather a sea wall that has been undercut by the ice and wind
over the past 60 years. The adjoining neighbor remodeled their property a few years back, which has
also resulted in some additional runoff on their site and has left that portion of the property virtually
unusable.
Gustafson noted the lowest level of the house is located below the floodplain and that it is their
understanding they cannot remodel the structure. The mechanicals are located in the crawl space at the
present time, which would require a somewhat larger structure to accommodate the mechanicals on the
main level.
Dulin displayed photographs of the flooding they are currently experiencing on their property and stated
they would like to take the appropriate steps to address that issue. One further issue relating to the
property is a sewer easement that is located on the property. They are placing the house as close to the
easement as possible.
Gustafson noted they would be relocating the easement over the sewer line. The hardship with the
sewer easement forces them to locate the house closer to the lake.
Dulin stated as a result of these different issues, they are forced into a smaller buildable area. If the
sewer line did not cross their property, they would be able to construct their residence in a different
location. The property does have a history of variances being granted in an attempt to address some of
these issues but they have not been addressed in totality. In 1988, additional hardcover was added in the
0-75 as well as approximately 1000 square feet in the 75-250 foot zone, which he is now attempting to
undo. At that time the Council found that the conditions existing on this property are peculiar to it and
do not generally apply to other property in this zoning district. The granting of the variance would not
adversely affect traffic conditions, light, air, nor pose a fire hazard or danger to neighbors’ properties
and does not merely serve as a convenience to the applicant but is necessary to alleviate the
demonstrable hardship or difficulty as necessary to preserve the substantial property right of the
applicant and keep within the spirit of the zoning code of the city. Dulin stated those past variances
have actually made his request more difficult. Dulin requested the City Council approve their
application, which would allow them to resolve most of the nonconformities except for the hardcover.
Dulin noted the property has not been improved since 1992 and that they are attempting with this
project to relocate their master bedroom and mechanicals on the main floor. Dulin requested the
Council grant their variances to enable them to reside in this property as they age.
Gustafson displayed the proposed layout of the structure on the property.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 4 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 5 of 12
(4. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD,
LLC, 1785 CONCORDIA STREET, Continued)
Dulin stated they are relocating the residence further back and are attempting to fit the structure inside
what would be a reconstructed buildable area. They are 4.5 percent over on the hardcover in the 75-250
foot zone and under on the structural coverage.
Gustafson noted there is a city fire lane located on the property and that they have spoken with the City
about whether they would be able to use that land to help create a swale and correct the drainage on the
property. Gustafson commented it was his impression that the Planning Commission was in favor of
allowing the use of the fire lane to correct the drainage.
White noted the applicant should have been able to remove the ice ridge a while ago.
Dulin stated he would like to do that at the same time as the floodplain work since both projects would
require heavy equipment.
McMillan asked whether rip-rap would be placed along the shoreline.
Dulin stated it would be.
McMillan recommended the applicants give some consideration to plantings to help with erosion.
Dulin stated they would need to tear up the shoreline to remove the ice ridge and that they would look
into different options for that area.
McMillan asked whether the Minnehaha Creek Watershed District would need to approve this plan.
Dulin stated he has not submitted his plan to the MCWD at the present time.
McMillan stated in her view the floodplain work is the most important and that perhaps approval from
the MCWD should have been obtained first.
Turner pointed out that typically the MCWD requires city approval prior to granting its approval.
Rahn asked what portion of the pool would be considered hardcover.
Turner stated the entire pool would be considered hardcover.
Rahn asked whether the house would be constructed right up to the sewer easement.
Dulin stated it would be approximately five to seven feet away from the sewer easement.
Rahn suggested the house be located closer to the sewer easement to help decrease the hardcover.
Turner stated the driveway apron and the approach would be shifted backwards as well, and if it could
be shifted eight or ten feet, they would lose approximately 80 square feet of hardcover.
Dulin stated they will locate it as far back as possible.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 5 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 6 of 12
(4. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD,
LLC, 1785 CONCORDIA STREET, Continued)
Rahn stated he has a difficult time granting a hardcover variance given the size of the lot. Rahn
commented he understands the nonconformities but pointed out that there are a number of lots in Orono
that have the same type of nonconformities and that it really should not be a basis for granting a
hardcover variance, particularly in light of a pool being located on the property. Rahn stated he does not
see a hardship for the hardcover variance.
Dulin stated he is unable to remodel based on Staff’s comments since the remodel value would exceed a
certain percentage.
Turner stated if they reconstructed under state statute, they would be required to eliminate the crawl
space.
Rahn asked what amount of square feet they are over on hardcover.
Dulin stated his property would be at 7019 square feet and that he is currently 700 feet over in
hardcover with his present house.
Rahn noted they are proposing 6365 square feet, which is approximately 1200 square feet of hardcover
in excess of what is allowed. Rahn asked the size of the pool and deck.
Dulin stated approximately 900 square feet. Dulin noted they have eliminated a number of amenities
and that they would like to construct a house that will accommodate their needs for the next 20 to 25
years. Dulin noted they have reduced their hardcover by approximately six percent from their original
proposal and that they would like to have the pool in the event they are unable to use the lake. Dulin
asked whether they would be allowed to construct the same size house as the existing footprint.
Rahn stated the City Council looks at hardship when granting a variance and that this is a conforming
lot. Rahn noted this is a rebuild, which requires the house to be constructed to certain standards.
Dulin stated he would also like to construct a house that accommodates their lifestyle, and if they are
not allowed to reconstruct, they would be looking at relocating elsewhere. Dulin commented if he is
unable to construct a structure that meets their needs, he would not be proceeding forward with the
project.
Gustafson stated in their view the division of the property by the sewer line creates a hardship.
Bremer asked whether 1725 Concordia Street is similar.
Dulin stated the owners of 1725 Concordia have their master bedroom upstairs, their mechanicals in the
basement, and they do not have any floodplain issues. Dulin indicated they would have bedrooms
located upstairs for guests and grandchildren.
McMillan asked what the square footage is proposed for the mechanicals.
Dulin stated it is approximately 120 to 130 square feet and would need to be located on the main floor.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 6 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 7 of 12
(4. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD,
LLC, 1785 CONCORDIA STREET, Continued)
Rahn noted the new house would be almost compliant without the pool.
Bremer commented she likes this plan and that she agrees there is some sort of a hardship created by the
sewer line. Bremer indicated she would have been willing to approve the application if it did not
include a pool and that the applicant will need to make some decisions on what he would like to
redesign in order to meet the hardcover requirement.
Dulin noted even without the pool, the plan exceeds the 25 percent hardcover but is below what
currently exists on the property.
McMillan noted the porch consists of approximately 800 square feet and that the pool and deck consists
of approximately 900 square feet.
Dulin commented they have attempted to reduce the hardcover as much as possible.
Bremer reiterated she would be supportive of the application if the pool were eliminated.
White stated he is in agreement with the Planning Commission and that a hardship has to be inherent to
the land. White commented he would be willing to support the application if the pool were eliminated.
Gustafson noted hardcover variances have been granted previously for this property.
Rahn stated he is in agreement with Council Member Bremer and that he would like to see the house
moved forward slightly, which would also help reduce the driveway hardcover.
McMillan commented there is some hardship with the sewer line but not enough of a hardship to
approve a pool.
Dulin stated he would like to review his options and requested his application be tabled.
Gustafson stated he is unsure whether they can more forward with the MCWD without city approval but
that they would look into it.
Rahn moved, Bremer seconded, to table Application #08-3370, Barb and Kevin Dulin with J. Sven
Gustafson of Stonewood, LLC, 1785 Concordia Street. VOTE: Ayes 4, Nays 0.
*5. #08-3373 GARY DeSANTIS, 80 WEAR LANE – FINAL PLAT – RESOLUTION NO.
5766
Rahn moved, Bremer seconded, to adopt RESOLUTION NO. 5766, a Resolution Approving the
Plat of Rolling Meadows Fourth Addition. VOTE: Ayes 3, Nays 0.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 7 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 8 of 12
6. #08-3375 MICHAEL AND MARY DRAZAN, 3546 IVY PLACE – VARIANCE AND
CONDITIONAL USE PERMIT
Michael and Mary Drazan, Applicants, and John Sonnek, Charles Cudd, were present.
Gaffron stated the applicants are requesting a number of variances. The proposal is to construct a new
residence that conforms to structural coverage, setbacks, meets the average lakeshore setback, but would
require a hardcover variance to allow 0.8 percent hardcover within the 0-75 foot setback to allow a
permitted lake access stair and 29.9 percent hardcover within the 75-250 foot setback where 34.5
percent currently exists. In addition, a conditional use permit is being requested in order to allow the
removal of a lakeside deck and retaining walls and re-grading of the slope.
The Planning Commission voted 5-0 to recommend approval of the hardcover variances as proposed
and the conditional use permit for grading within the 0-75 foot setback. The Planning Commission also
recommended that rain gardens be incorporated into the plan to accommodate the hardcover in excess of
25 percent.
The applicants had originally proposed to do some grading on the neighboring properties but have since
revised their plan to eliminate that work. Staff recommends approval of the variances and the
conditional use permit.
Sonnek stated they have taken steps to minimize their hardcover as much as possible and handle the
drainage completely on the property.
Mary Drazan stated Ted Capra has changed his drainage and grading plan to include a retaining wall
rather than constructing a joint swale and that their other neighbor does not wish to do a joint swale,
which resulted in them incorporating French drains into their plan. As it relates to hardship, Ivy Place is
an extremely narrow street and that they would like to have some additional parking on their property.
Drazan noted in the past they had utilized Mr. Capra’s property for parking, which they no longer will
be able to do.
Sonnek stated another issue is the existing trees and that they have attempted to preserve as many of the
trees as possible.
McMillan asked whether the size of the house would remain the same.
Sonnek indicated it is slightly smaller than the existing house.
Michael Drazan noted they did relocate the house out of the 0-75 foot setback.
White concurred that parking is a problem in this area.
McMillan noted the house is under the structural coverage limit as well.
Rahn stated the applicants have designed pretty much everything to the minimum but that he has a
difficult time approving a variance on a conforming lot.
Bremer noted she was opposed to the variance granted to Ted Capra but that she does not want to
minimize the safety factor as it relates to the narrow street and the need for off-street parking.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 8 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 9 of 12
(6. #08-3375 MICHAEL AND MARY DRAZAN, 3546 IVY PLACE, Continued)
Michael Drazan stated they did pull the house back as far back as Ted Capra’s house.
Mary Drazan stated it was recommended by Staff not to locate the house so far back as to create a
tunnel effect but to locate it in a similar position as the Capra house in an effort to reduce hardcover.
Bremer stated in her view this lot is very similar to Ted Capra’s lot and that it would be unfair for the
Drazans to not get the same variances that Ted Capra received.
Drazan stated they attempted to construct the house at the existing footprint and eliminate the hardcover
in the 0-75 foot zone.
Bremer noted that Ted Capra had originally requested substantially more hardcover than what was
finally approved.
Rahn stated he is in agreement with Council Member Bremer and that there is a hardship that is created
by the narrowness of the road and that the applicants have done a good job at reducing hardcover
wherever possible.
Mary Drazan stated they attempted to incorporate all of the recommendations of Staff and the Planning
Commission that have been made over the years into their plan and have complied with as many of the
City’s requirements as possible.
McMillan noted the applicants have reduced the amount of structural coverage on the lot and that the
proposed hardcover on the outside is reasonable.
White moved, McMillan seconded, to direct Staff to draft an approval resolution for Application
#08-3375, Michael and Mary Drazan, 3546 Ivy Place. VOTE: Ayes 3, Nays 1, Rahn Opposed.
*7. #08-3372 CITY OF ORONO CODE AMENDMENT – REVISION OF CHAPTER 86,
RELATING TO BUILDING PERMIT SURVEYS – ORDINANCE NO. 49, THIRD SERIES
Rahn moved, McMillan seconded, to adopt ORDINANCE NO. 49, Third Series, an Ordinance
Amending Chapter 86, Article II, Division I of the Orono, Minnesota City Code Concerning
Building Permit Surveys. VOTE: Ayes 3, Nays 0.
MAYOR/COUNCIL REPORT
White noted Orono’s city facilities are now tobacco-free. White stated the conveyance of the tax
forfeited parcel contains a nice piece of property that should be protected.
Bremer commended the Planning Commission for their work on the applications that were heard
tonight. Bremer recommended Staff update their chart on previously granted variances and hardcover
on lakeshore properties.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 9 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 10 of 12
(MAYOR/COUNCIL REPORT, Continued)
Rahn also commended the Planning Commission on their work, noting that some of the applications
have been rather complicated.
McMillan concurred that the Planning Commission has been doing good work. McMillan noted there
have not always been average lakeshore setbacks contained on some of the surveys and that she would
prefer that be included.
McMillan commented she has observed the work along Highway 6 and Highway 12 and asked whether
there will be access into the Lurton property.
White stated they will be discussing that in the future and that he has asked Mr. Lurton to attend one of
the City Council’s workshops in January to discuss that issue.
CITY ENGINEER’S REPORT
Kellogg had nothing to report.
CITY ADMINISTRATOR’S REPORT
*8. ACCEPT QUOTES FOR STONEBAY CONCRETE WORK
Rahn moved, McMillan seconded, to accept the quote of Imperial Developers, Inc., in the amount
of $69,958.00 for concrete work at Stonebay, to be funded from the Stonebay LOC proceeds, and
authorize the work to be commenced. VOTE: Ayes 3, Nays 0.
*9. DECLARE CITY FACILITIES TO BE TOBACCO FREE – RESOLUTION NO. 5767
Rahn moved, McMillan seconded, to approve RESOLUTION NO. 5767, a Resolution Amending
Resolution No. 3234 and Resolution No. 3717 and Declaring Certain City Facilities and Contacts
to be Tobacco Free. VOTE: Ayes 3, Nays 0.
*10. CHANGE ORDER NO. 1 AND REQUEST FOR PAYMENT NO. 1, 2008 SEAL COAT
PROJECT
Rahn moved, McMillan seconded, to approve Change Order No. 1 and Request for Payment No. 1
for the 2008 Seal Coat Project to Pearson Brothers, Inc., in the amount of $94,076.60. VOTE:
Ayes 3, Nays 0.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 10 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 11 of 12
11. ADOPT 2009 TAX LEVY AND BUDGET – RESOLUTION NOS. 5768 and 5769
Olson stated the sentence containing the language, “…the City’s share of the property tax bill on a home
valued at $500,000, assuming the home has increased in value,” should really say 8 percent rather than 4
percent. Olson noted the increase in the levy amount is at the maximum amount the City is allowed.
White stated the City is currently paying some debt service and that the City Council will be reviewing
the budget further to decrease the City’s expenses wherever possible in an effort to reduce the levy
amount.
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5768, a Resolution Adopting
the Proposed 2008 Tax Levy Collectible in 2009. VOTE: Ayes 4, Nays 0.
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5769, a Resolution to Adopt the
Proposed 2009 General Fund Budget. VOTE: Ayes 4, Nays 0.
*12. SET DATE FOR TRUTH IN TAXATION HEARING
Rahn moved, McMillan seconded, to set the Truth in Taxation Initial Hearing for 6:30 p.m.,
Monday, December 1, and the Continuation or Subsequent Hearing for 7:00 p.m., Monday,
December 8, with both hearings to be held in the Council Chambers. VOTE: Ayes 3, Nays 0.
*13. REQUEST TO DISPOSE OF OBSOLETE COUNCIL CHAMBERS AUDIO SYSTEM
EQUIPMENT
Rahn moved, McMillan seconded, to approve the disposal of obsolete audio system equipment and
overhead speakers by public auction through K-BID in Maple Plain. If no bids are received on
the equipment, the equipment will be recycled at the annual city cleanup day in 2009. VOTE:
Ayes 3, Nays 0.
*14. VERIZON WIRELESS CONTRACT AMENDMENT
Rahn moved, McMillan seconded to approve “Amendment No. 2 to Site Lease Agreement” with
Verizon Wireless, and to increase the annual lease rate by $2,400. VOTE: Ayes 3, Nays 0.
*15. CONVEYANCE OF TAX FORFEIT PARCEL (PID 07-117-23 23 0034) FOR PUBLIC
USE – RESOLUTION NO. 5670
Rahn moved, McMillan seconded, to adopt RESOLUTION NO. 5670, a Resolution Requesting
Conveyance of Tax Forfeit Land for Public use by the City of Orono. VOTE: Ayes 3, Nays 0.
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 11 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 8, 2008
7:00 o’clock p.m.
___________________________________________________________________________________
____________________________________________________________________________
PAGE 12 of 12
*16. PERSONNEL ISSUE
Rahn moved, McMillan seconded, to accept the resignation of Maureen Riverdahl, effective
September 3, 2008. VOTE: Ayes 3, Nays 0.
CITY ATTORNEY’S REPORT
Mattick had nothing to report.
*17. LICENSES & BILLS
None
*18. BILLS
Rahn moved, McMillan seconded, to approve payment of the All Funds Account. VOTE:
Ayes 3, Nays 0.
ADJOURNMENT
Rahn moved, Bremer seconded, to adjourn the Orono City Council meeting at 8:40 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST:
________________________________ _____________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 09/22/08
Approval of Council Minutes 09/08/08 [Page 12 of 12]
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Funding for Gillespie Center [Page 1 of 34]
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Item #08 - CC Agenda - 09/22/08
Appointment of 2008 General Election Judges [Page 1 of 3]
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Appointment of 2008 General Election Judges [Page 2 of 3]
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Appointment of 2008 General Election Judges [Page 3 of 3]
Item #09 - CC Agenda - 09/22/08
Request for Payment No. 3 & Final TH12/OCB Water Main Improvments [Page 1 of 4]
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Request for Payment No. 3 & Final TH12/OCB Water Main Improvments [Page 2 of 4]
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Request for Payment No. 3 & Final TH12/OCB Water Main Improvments [Page 3 of 4]
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