HomeMy WebLinkAbout03-26-2007 Council Packet Agenda for Council Meeting Set for Monday, March 26, 2007, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
(*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council
under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public
Packet - located on the counter near the sign in sheet.
Roll Call
Pledge of Allegiance
Consent Agenda
1. Approve/Amend
Oath of Office
2. Appointment of Council Member – Resolution
Approval of Minutes
* 3. Regular Council Meeting of March 12, 2007
Public Hearing – 7:00 P.M.
4. Annual Public Hearing for NPDES Phase II Storm Water Permit
Public Hearing – 7:05 P.M.
5. Farview Neighborhood Sanitary Sewer Project Assessment Hearing
a. Adopt Assessment Roll – Resolution
b. Award Construction Contract – Resolution
Planning Commission Comments – Ralph Kempf
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
* 6. #06-3247 Suisse Capital, LP, 1470 Cherry Place – Variance – Resolution
7. #07-3250 Philip Carlson, 2060 Wayzata Boulevard West – Preliminary Plat – Resolution
* 8. #07-3268 WJM Properties, 2605 Wayzata Boulevard – Conditional Use Permit Renewal – Resolution
* 9. #07-3269 Sherry Evans, 1380 Railroad Avenue – Variance – Resolution
Mayor/Council Report
City Engineer’s Report
10. Award of Bid for TH12/Old Crystal Bay Road Water Main Improvements
City Administrator's Report
11. Appointment of Planning Commission Chair and Vice-Chair
12. Approval of Painting the Interior of the Police Department
13. Liquidation of Surplus Forfeited Vehicle
14. Amend Fee Schedule Related to Golf Course Fee Adjustments – Resolution
Agenda for Council Meeting Set for Monday, March 26, 2007, 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
Special Event
* 16. Bills
Upcoming Issues and Events
2007
03/26 – Council Meeting, Monday, 7:00 p.m.
03/27 – Council Work Session, Tuesday, 6:00 p.m.
04/04 – Planning Commission Work Session, Wednesday, 5:30 p.m.
04/09 – Council Meeting, Monday, 7:00 p.m.
04/10 – Council Work Session, Tuesday, 6:00 p.m.
04/16 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Mayor White)
04/18 – Local Board of Appeal and Equalization, Wednesday, 7:00 p.m.
04/23 – Council Meeting, Monday, 7:00 p.m.
04/24 – Council Work Session, Tuesday, 6:00 p.m.
04/28 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m.
05/02 – Planning Commission Work Session, Wednesday, 5:30 p.m.
05/05 – Spring Cleanup Day, Construction Debris Only, Saturday, 8:00 a.m.-2:00 p.m.
05/14 – Council Meeting, Monday, 7:00 p.m.
05/15 – Council Work Session, Tuesday, 6:00 p.m.
05/18 – Leaf and Grass Disposal, Friday, Noon-3:00 p.m.
05/19 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m.
05/21 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Mayor White)
05/25 – Leaf and Grass Disposal, Friday, Noon-3:00 p.m.
05/26 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m.
05/28 – HOLIDAY-Observance of Memorial Day
05/29 – Council Meeting, Tuesday, 7:00 p.m.
05/30 – Council Work Session, Wednesday, 6:00 p.m.
Item #02 - CC Agenda - 03/26/07
Appointment of Council Member [Page 1 of 2]
Item #02 - CC Agenda - 03/26/07
Appointment of Council Member [Page 2 of 2]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members Jim Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff
were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and
Evelyn Turner, City Attorney Matt Brokl, 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. 9 and 10 were added to the Consent Agenda.
Murphy moved, Bremer seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 4, Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF FEBRUARY 26, 2007
Murphy moved, Bremer seconded, to approve the minutes of the February 26, 2007 Orono City
Council meeting as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE
Kang stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 1 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
ZONING ADMINISTRATOR’S REPORT
3. #06-3211 TED CAPRA, 3534 IVY PLACE - VARIANCE
Murphy moved, Bremer seconded, to table Application #06-3211, Ted Capra, 3534 Ivy Place, at the
request of the Applicant. VOTE: Ayes 4, Nays 0.
4. #06-3238 VOGUE ICF HOMES, 2709 WALTERS PORT LANE – REVIEW STATUS OF
REMODEL PROJECT
John Vogstrom, Vogue ICF Homes, was present.
Vogstrom addressed the City Council regarding the red tagging of the project located at 2709 Walters
Port Lane. Vogstrom stated one of the basic rules for the remodeling of a house is a sound foundation
and that they were not aware of the deteriorating condition of the foundation underneath the garage until
they removed some of the wood paneling on the wall. Vogstrom stated he immediately called the City
and notified them of the problem and he also called his structural engineer to gain his input. Vogstrom
stated his structural engineer felt that that portion of the foundation should be dug out and replaced due to
the problems they encountered with the frost. The homeowners were also contacted and they informed
him that the wall had been reconstructed approximately ten years ago, in 1995. The homeowners
purchased the home in 1984, with the home originally being constructed in 1955 or thereabouts.
Vogstrom stated it was not until the brick veneer was removed that the problem was noticed and that they
commenced digging down around the foundation. Vogstrom stated there was one footing that was
located 12 inches below the ground, which explained why the wall deteriorated over the years. The
structural engineer’s recommendation was to dig out that portion of the wall, redo the footings, and then
construct a new foundation in that area. Vogstrom stated he did have a footing inspection scheduled prior
to the footings being poured.
Vogstrom stated in his opinion he did what he should have done to ensure the project was done correctly
and constructed on a good foundation.
Vogstrom stated the plan that was approved by the City does depict a higher wall across the back and that
the way the wall was constructed is what the City approved. Vogstrom stated they utilized all the existing
walls in the basement and that he only removed one corner where there was no frost protection. Frost
protection was put in that area to help preserve the foundation. Vogstrom indicated it was his intent and
still is his intent to construct the house as approved by the City and that the extra work that was
completed was not anticipated.
Vogstrom stated there were also some mold problems in the house as a result of improper flashing and
lack of drain tile. Vogstrom stated the jack hammering of the floor was done to help eliminate the mold
and was a cheaper method of correcting the problem.
Vogstrom stated they would like to continue with the project.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 2 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#06-3238 Vogue ICF Homes, Continued)
Murphy stated from his review of the property, it appears there is pratically nothing left of the old house
and inquired what Mr. Vogstrom is planning to build on this site.
Vogstrom stated he plans to construct what was approved by the City Council. Vogstrom stated he has
dealt with the City of Orono for a number of years and that he does attempt to do the right thing up front.
Vogstrom stated in his opinion his obligation is to construct a house as good as he possibly can.
Murphy stated he did review some photographs depicting the corner of the garage and the step up/step
down in the old residence where it looked like there was at least a half an inch to an inch of separation in
the mortar between the brick that had apparently been there for some time. Murphy inquired why that did
not raise a red flag to the applicant prior to the work commencing.
Vogstrom stated that is one area where there were some bad soils located.
Turner stated it is a retaining wall that has the separation.
Vogstrom stated the retaining wall does have a separation but that the house is set back probably about
eight feet from that. Vogstrom stated the retaining walls also needed to be replaced because they were
deteriorating. Vogstrom stated the brick veneer was held on by some metal drilled into the concrete and it
had not reached the point where it was pushing out. Vogstrom stated it was not until the brick veneer was
removed that they were able to see the extent of the problem.
Vogstrom stated in 1995, a claim was filed with State Farm Insurance Company due to the cracking, and
that the insurance company indicated in a letter to the homeowner they did not investigate the extent of
the problem. Vogstrom stated the cement blocks did not go down the six feet as one would normally
expect, which resulted in no frost protection and consequently caused the foundation to deteriorate over
the years.
Murphy inquired whether the applicant knew about the insurance claim prior to starting the project.
Vogstrom stated he did not and that the cracking in the retaining wall was not that unusual and did not
raise any concerns with the foundation.
White noted the City Council approved a second story back in November but that there appears to be very
little remaining of the existing structure.
Vogstrom illustrated on the overhead the portions of the foundation that were left intact on the house and
the portions that were rebuilt in the garage.
White stated the report that is before the Council states that a large portion of the house foundation has
been replaced.
Turner stated the walkout wall was a wood-framed wall and the old wall has been removed and replaced.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 3 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#06-3238 Vogue ICF Homes, Continued)
Gaffron stated the original footings underneath that wall still remain and that there is a full foundation
wall for the majority of the house. Gaffron indicated some of the joists in the main level and the ceiling
of the basement have been replaced. Gaffron stated there is one section of foundation of the house that is
still intact. Gaffron stated the roof and the ceiling of the main level are gone, with the pictures depicting
exactly what has been removed and replaced.
Gaffron stated this application was presented to Staff as a remodel and a repair of a roof system and that it
has gone past the point of a remodel and is almost a total rebuild.
Murphy inquired whether the removal of the concrete floor in the basement of the house was in the plans
approved in November.
Turner stated the removal of the concrete floor was not in the plans that were approved and that it was
explained the existing walls would be utilized. Turner indicated the permit was issued prior to the
structural plans being submitted and that the structural plans clearly show what walls have to be replaced.
Turner stated it is doubtful that Staff would have issued the permit if they had had the structural plans.
McMillan commented that the Council had the impression that the first floor walls were going to remain
and that a second story was going to be added.
Turner stated it was specifically noted that the first floor was going to be gutted to eliminate the mold and
improve the wiring. Turner stated the description of the project basically stated that there would be a
second story added to the existing first floor walls and foundation.
Bremer noted the language in the resolution states that the existing foundation and exterior walls shall be
retained. Bremer inquired whether it was always the intention to remove the eight-foot walls.
Vogstrom stated he did speak with Staff immediately after he was red tagged and that there was a
misunderstanding between himself and the building inspector on the plans. Vogstrom stated in order to
raise the roof, the old roof would need to be removed and replaced. Vogstrom stated when he was before
the City Council, he thought he was complying with what the City Council wanted and that it was his
intention to construct the building as presented.
Vogstrom suggested applicants also be required to submit a demolition plan at the same time, which
would help to clarify their project. Vogstrom stated the problem was that there was no way of foreseeing
that problem at that end of the building and that he is unsure how it could have been avoided.
Bremer stated one way to avoid it is to have a structural engineer look at the structure prior to the project
being undertaken. Bremer noted the applicant did state they were unable to get equipment back there but
that the pictures clearly show that equipment was able to traverse in that area.
Vogstrom stated after the walls were removed, they were able to get equipment in that area.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 4 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#06-3238 Vogue ICF Homes, Continued)
Bremer stated in her opinion if the Council had known that the foundation needed to be replaced, the
Council would have looked at this project completely different and that they now need to decide whether
they would have allowed this project to proceed forward with the foundation being replaced. Bremer
stated in her view this lot is a hardship lot and that there might not be a better location for the house.
Bremer stated from her perspective she probably would not have required the house to be relocated.
White stated one of the issues is that a permit was issued without the input from the structural engineer
and that this situation is unfortunate. White stated there can be isolated spots of bad soil on lots that are
not anticipated even if soil borings are completed. White noted the house is dramatically different from
what existed but that he also probably would not have required the house to be relocated.
Murphy noted the applicant has indicated when this project is completely finished, he will have
constructed the house that was approved. Murphy stated if the demolition had not occurred and the
foundation replaced, the house that would have been built could have tumbled into the lake and that he
has trouble finding fault with replacing the foundation. Murphy stated the issue he has is whether the
applicant or homeowners knew about the problem with the foundation prior to the work commencing.
Murphy concurred that there does not appear to be a better location for the house but that it is likely he
would not have approved the size of the structure.
Vogstrom commented the owners will not be in town until tomorrow evening.
McMillan stated it is likely the Council would not have approved the application as depicted given the
amount of work that has now been completed, especially given the language in the resolution that states
the existing exterior walls would remain. McMillan stated she always has concerns about constructing a
second story on top of a structure that has mold problems.
Vogstrom stated the second story was not the problem but rather the problem with the one footing and the
lack of frost protection.
McMillan stated in her view the exterior walls were an issue and that they did not appear in the pictures to
be something that should have been retained.
Vogstrom stated he has constructed homes for most of his life and that he certainly has learned from this
experience. Vogstrom stated this situation is unfortunate the way it has worked out and that he is willing
to take a lot of the blame for what happened. Vogstrom stated he tends to only do new construction and
usually does not have to deal with these types of issues.
White noted Staff in the future will need to assume that a major addition, especially second story
additions, will be a rebuild unless the applicant provides structural plans that show the existing foundation
and walls are capable of supporting the addition without replacement or major modification and that Staff
will no longer issue permits without structural plans when structural plans are required.
Bremer moved on Application #06-3238, Vogue ICF Homes, 2709 Walters Port Lane, to allow the
applicant to proceed with the work outlined within the previous approval, noting that the exterior
walls have already been modified, and to direct Staff to prepare a resolution consistent with the
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 5 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#06-3238 Vogue ICF Homes, Continued)
work that has already been completed on the house, subject to the condition that no further walls
be removed and further subject to additional building plans being submitted as required by Staff.
White inquired whether the plans that Staff has received are adequate.
Turner stated Staff has not received the final structural plans.
Vogstrom stated Staff should have the structural plans but that he does not have the report back from the
soils engineer and that he will have that report to Staff as soon as possible.
City Attorney Brokl inquired whether the approval is contingent upon the satisfaction of City Staff,
including the building inspector, that the plans that have been submitted are adequate, and until that is
completed, the red tag remains in place.
It was the consensus of the City Council that the red tag would remain in place until all required plans are
submitted to the satisfaction of Staff.
Murphy seconded the above motion.
McMillan inquired whether there are other options the City has on this application.
Turner stated one of the options is they could rebuild the house as it originally existed or completely
demolish the existing house and leave the property vacant.
Gaffron stated another possibility would be to bring in revised plans that depict a completely different
house in a different location. Gaffron stated the Council does have the ability to send the application back
to the Planning Commission.
Murphy stated he would be inclined to proceed with Staff’s option if the Council did not have the
commitment by the builder to construct the house as originally approved. Murphy stated the new
residence would be a better structure than what exists.
McMillan noted redoing the plans would be expensive but that the demolition in her view was so
extensive in this situation that it should go back to the Planning Commission for their review. McMillan
stated had the City known the extent of the demolition that was going to occur, they would have gone a
different route on this application.
Vogstrom stated the owners already have a considerable amount of money invested into this project and
that they have been told by the Fire Department that they need to retain the turnaround due to the
narrowness of the road. If the house is constructed in a different location, they would be blocking the
view of the other homes.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 6 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#06-3238 Vogue ICF Homes, Continued)
White stated he reluctantly supports the motion. White noted the structural plans were only provided
after the project was red tagged even though they should have been submitted prior to the building permit
being issued.
VOTE: Ayes 3, Nays 1, McMillan Opposed.
5. #07-3250 PHILIP CARLSON, 2060 WAYZATA BOULEVARD WEST – PUD –
RESOLUTION NO. 5585
Gina Carlson and Philip Carlson, Applicants, and Jeff Shopek with Loucks and Associates, were present.
Gaffron stated the applicants are requesting the following in order to construct ten units of office condos
on five lots and one common lot, to be known as Amber Woods Office Centre:
1. B-6 PUD General Concept Plan approval.
2. Preliminary Plat approval in order to create five unit lots and one common lot.
3. Commercial Site Plan approval in order to obtain building permits.
4. Easement Vacations in conjunction with dedication of new easements.
The Planning Commission reviewed this at its January and February meetings, and on February 20th,
voted 7-0 to recommend approval, subject to a few additional conditions.
Gaffron stated the following issues remain unresolved:
1. Retaining wall design. The issue of whether the retaining walls will be of Keystone block or
boulders is both an engineering concern and an aesthetic question. The applicants’ engineer and the City
Engineer have been discussing the engineering issues, which include the ability to construct walls as
located on the plan without affecting the adjoining properties to the north and east and stability of the
boulder wall systems.
2. Access easements. The City’s goal is that the public have the right to traverse the applicants’
property via vehicles, foot, etc., from the senior housing driveway directly across to the welding shop site
and up through the applicants’ parking lot to connect with Outlot D, Sugar Woods, the potential future
rear service road. This is not intended to be an outlot corridor, nor do we want to create new lot
boundaries that require setbacks. To that end, an easement or some other method of establishing those
rights, such as a condition of the PUD approval, is necessary. We would expect that this right would
extend over the entire parking lot system and driving lanes, as well as the connection points to the
adjoining properties. The City Engineer has suggested that the corridor across the front of the site should
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 7 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3250 Philip Carlson, Continued)
be 50 feet in width to meet City standards for a commercial roadway. The applicants have suggested this
may be a problem.
3. Off-site retaining walls. The applicants have provided documentation of temporary construction
easements for construction of retaining walls on the welding shop site. The applicants should establish
for the record who will ultimately own those walls and who will maintain them.
4. Review of Construction Materials. The Planning Commission reviewed the approximate color
scheme and proposed building materials for the buildings, which includes standing seam metal roofing,
stucco, face block and metal cladding.
5. Review of Association Documents. The applicants should be asked to submit copies of their
proposed association documents to assure the Council that they contain sufficient language for the self-
policing of acceptable uses within the units. Due to the unit layout, and as described in the February 15th
memo, the building ownership will be structured as condominium. The Council may wish to discuss how
or whether this impacts the applicants’ marketing and ability to complete all five buildings within a
reasonable time frame.
Staff recommends approval of the General Concept Plan per the Resolution attached to the staff report. It
is Staff’s intent to bring this application forward to the Council for preliminary plat approval on March
26th. Final Plat Approval/General Development Plan Approval/Easement Vacation Approval would then
occur on April 12th, assuming the applicants have provided all required submittals, fees, etc., prior to that
meeting.
White inquired what width of roadway the applicants are requesting.
Shopek stated they are requesting a 25-foot easement and that the 50-foot recommendation of the City
Engineer would result in a nonconforming lot and loss of parking. Shopek stated in their view it is not
necessary to have a major thoroughfare go through this development.
White stated in his view the 25 feet is reasonable.
Gaffron noted the 24-foot roadway would match what exists on the senior housing site.
Murphy noted the City does not know whether this roadway is going to become a full turning access and
that the City has not considered if that roadway would become a full frontage road in the future. Murphy
stated in his view the road would probably serve more as an access road.
Murphy expressed a concern about the construction activity and the impact it would have on the senior
housing center. Murphy commented the senior citizens do not want to see additional traffic in front of the
center and inquired whether construction traffic through the senior center would be restricted.
Gaffron stated that language is contained within the developer’s agreement.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 8 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3250 Philip Carlson, Continued)
White inquired whether the retaining wall would be located on somebody else’s property.
Shopek stated the wall is located on the adjacent property but that they do have a signed easement with
that property owner and that the wall would be maintained by the Amber Woods association.
Gina Carlson noted they are replacing the railroad ties that are currently located on that person’s property
and would be upgrading the wall.
McMillan inquired whether the sidewalk located along Highway 12 would stay as is.
Shopek stated it would.
Kellogg commented he felt the 50-foot recommendation was a compromise since the City’s code requires
70 feet for a commercial road and 50 feet for a residential development. Kellogg stated the applicants are
proposing a 24-foot roadway face to face and a 25-foot easement, which would cover the back of curb to
back of curb. Kellogg noted the City would not have any rights to store snow along the roadway.
White noted this is not a full street and that the wider road would cause one of the units to be out of
compliance.
Gaffron stated the road would be privately plowed.
City Attorney Brokl suggested cross easements be obtained with the abutting property owners rather than
an easement in favor of the public. Brokl noted it is a private driveway and that the snow removal would
be the responsibility of the property owners.
Bremer inquired how the City is able to ensure that access would be given to the City.
Brokl stated that would be one trade-off with the cross easements.
Bremer stated she would not prefer the roadway be closed off to the public.
Shopek stated they possibly could do 30 feet, which may not be enough for snow storage. Shopek stated
it basically is a shared driveway among property owners but other people would be able to drive through
the site.
White inquired whether the general public could drive through the site.
Brokl stated it would depend on the language.
Gaffron stated there was not an easement granted to the public and that it was a cross easement in the
prior application. Gaffron stated the intent for the future was to develop a quasi system of service roads
from essentially the Service 800 building to the senior housing site.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 9 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3250 Philip Carlson, Continued)
Bremer stated if the cross easements were required for Orono Woods, it would make sense to require the
same thing with this development.
Murphy inquired who would have governing rights on a cross easement and whether the easement could
be canceled.
Brokl stated all the parties to the original agreement would need to agree to cancel the agreement.
Murphy commented there probably is not much interest by the parties to have thru traffic between the two
sites.
White inquired whether there would be a public liability issue if the easement is in the name of the City.
Brokl stated language could be incorporated into the agreement so the access is preserved on the north,
the east and the west without taking a full dedicated easement through the parking lot. Brokl stated the
City cannot have a public road going through a private parking lot.
Shopek stated the language prohibiting the blockage of the road could also be incorporated into the
development agreement.
Murphy inquired whether there are any structural issues with regard to boulder walls.
Kellogg stated they have requested structural drawings relating to the retaining walls and that the
Keystone walls would allow a little more flexibility since they do not take up as much room. Kellogg
stated either type of wall can be designed to withstand the load.
Carlson stated they would prefer the boulder walls because it is more organic and would also last a
lifetime where the Keystone walls would need to be maintained. Carlson displayed the ledger stone
material they would like to use on the project. Curtis commented the boulder wall would tie in better
with the rest of the project.
Murphy noted that Long Lake has erected a number of Keystone walls and expressed a concern that the
boulder walls would not be installed correctly.
Carlson stated they have been assured by the installer of the boulder walls that they will be installed
correctly and that the plans should be finalized in the next couple of days.
White commented he also prefers boulder walls if they are constructed correctly.
Bremer stated she prefers Keystone walls and that there is little to no maintenance involved with properly
constructed Keystone walls. Bremer commented that the boulder walls would look more natural.
Moorse inquired whether the grades meet the City’s standards.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 10 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3250 Philip Carlson, Continued)
Kellogg stated the eight percent grade is probably a little steeper than what is ideal but that it is not that
unusual. Kellogg stated the grade becomes less of an issue since the road would not be a thoroughfare.
Shopek stated they could possibly reduce the grade a couple of percentages.
Gaffron noted the fire marshal has only recently reviewed the plans and is questioning whether the access
could be used by the fire trucks. Gaffron stated Staff has received plans today showing a surmountable
access for the fire trucks but that the fire marshal would need to review those plans. Gaffron stated
another concern of the fire marshal is whether there would be room for a fire truck to turn around on the
site rather than backing all the way out.
Murphy noted if the back road is constructed, that would allow access in and out.
White commented that the drivers of the fire trucks are very adept at backing out.
Shopek stated they are agreeable to stripe the fire lane and construct a surmountable curb in the event the
property to the west does not allow access for fire trucks.
McMillan inquired what type of internet access options would be available for this development.
Carlson stated they have not fully explored that at this time but that they are anticipating DSL would be
available.
Mr. Carlson stated they are hoping to get a T-1 line.
Moorse stated there is a fiber optic backbone that has been installed but that he is not aware of its exact
location.
Carlson stated they would be doing stucco on the main level area in an earthtone, with a custom colored
roof. Carlson displayed the building materials they are proposing for the development. Carlson noted
the windows would consist of low E windows that are tinted.
Moorse inquired whether the applicants had any pictures of buildings that show the reverse metal.
Carlson stated the representative did have lots of pictures depicting the materials but that she does not
have any pictures available tonight. Carlson noted the materials proposed for the units are low
maintenance and energy efficient.
White inquired what type of heating system would be installed in the buildings.
Mr. Carlson stated the heating system would be geothermal and that the geothermal is designed to take
the heat from the soil in the wintertime and then disperse the heat into the buildings and then in the
summertime would disperse the cooler air from the ground. Carlson stated the proposed materials have
raised the cost of the unit but should lower the utility charges in the long run.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 11 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3250 Philip Carlson, Continued)
Carlson stated their attorney would be reviewing the condominium agreement for any necessary changes
and that they would be submitting them in the near future.
McMillan moved, White seconded, to adopt RESOLUTION NO. 5585, a Resolution approving the
general concept plan for the property located at 2060 Wayzata Boulevard West.
Gaffron noted on page 10 of the resolution under storm water drainage fee the number should read $7320
per acre rather than $6655 per acre.
VOTE: Ayes 4, Nays 0.
6. #07-3254 METRO BUILDING CO., 940 NORTH ARM DRIVE – VARIANCE
Joe Leintz, Applicant, was present.
Curtis stated the applicant is requesting an average lakeshore setback, lake setback, and hardcover
variances within the 0-75 foot and 75-250 foot zones. The applicant is proposing to construct an
essentially brand new home in a nonconforming location by proposing to re-use portions of the existing
home’s foundation.
The existing home is situated almost entirely lakeward of the average lakeshore setback line. The
proposal includes removing the existing home down to the cap of the foundation and rebuilding on that
existing foundation. The applicant has revised the rooflines of the northern portion of the home in an
effort to reduce the impact the home will have on the views of the lake enjoyed by the neighbors to the
north. However, the roofline of the new home will be considerably higher than that of the existing home.
Additionally, the applicant has proposed a reduction in the lakeside decks so that there will be less of an
impact on the existing substandard lake setback. The proposed new structural additions are on the street
side of the home with the exception of the proposed deck and the proposed porch.
This application was tabled by the Planning Commission in January as there were a number of issues
outstanding for the applicant to address. On February 20, 2007, Planning Commission voted 6-1 to
recommend denial of the variances.
Staff feels that the applicant’s desire to re-use the foundation, keep the location of the home the same and
keep the large in-ground pool is driving their request. While the applicant has proposed to remove what
appears to be a great deal of concrete within the 0-75 foot and 75-250 foot zones their proposed hardcover
removals are not significant enough to justify the additional structure and nonstructural hardcover being
proposed. There are a number of additional hardcover and structural hardcover removals which could
result in a conforming 75-250 foot zone. Additionally Staff feels that as the existing home is essentially
being rebuilt from the foundation up, there may be merit in building an entirely new home in a
conforming location.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 12 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3254 MetroBuilding, Continued)
The applicant’s request to increase the mass of the home ahead of the average lakeshore setback may or
may not adversely impact the views of the lake enjoyed by the adjacent property owner. Staff does not
feel it is reasonable to allow this level of encroachment into the average lakeshore setback to be
expanded. Further, the existing home encroaches up to seven feet into the 75-foot zone. While there is
little to be done about this encroachment, Staff does not feel that it is appropriate to allow further
encroachment.
Leintz stated they are proposing the same footprint and that the one end is now proposed to be a hip roof,
which helps to open up the view for the neighbor from what currently exists. Leintz stated he has spoken
with that neighbor regarding the change to the roof since the last Council meeting.
Leintz commented he did not get involved in this project until the end and that he has made some
modifications to the plan. Leintz stated the property owners are now willing to remove the pool as well as
some other hardcover. Leintz stated the owners purchased the property to fix it up and then resell it and
that if the project gets too costly, they would simply redo a portion of the interior of the house and the
hardcover would remain as is.
Leintz indicated they would be agreeable to removing the pool, a portion of the driveway, some of the
concrete in the back, and reduce the size of the deck if they would be allowed to keep the house in the
existing location.
Murphy stated if the property owners are wiling to remove the pool, the garage and the concrete, the
house could possibly be relocated further back in roughly the same spot as the pool.
Leintz stated the house could be rebuilt in a different location but that the foundation has been verified by
a structural engineer and has been determined to be sound.
McMillan inquired how old the house is.
Leintz stated the residence is approximately 50 years old and that there have been two additions put on
the house since it was originally constructed.
Leintz stated if the foundation and the basement floor are removed, it would cost another $80,000 and that
it would be difficult for the owners to break even on the property.
Leintz inquired whether the square footage would have to be reduced if the house were relocated.
McMillan stated it is her understanding the structural coverage is fine but that she has issues with adding
on to the existing residence. McMillan stated she would like to see the house moved further back.
White noted this house is in front of the other homes on the lake and that in his view the additional
massing would have an impact on the neighbors.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 13 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(#07-3254 MetroBuilding, Continued)
Murphy stated if the pool is removed and the house is located further back, additional driveway hardcover
would also be eliminated. Murphy stated he would be supportive of that type of arrangement.
Bremer stated she does not see the hardship for the average lakeshore setback.
Gaffron pointed out there is one odd lot in this neighborhood that is driving the average lakeshore
setback. Gaffron stated the neighbor’s views would probably be improved with the house being
relocated.
Murphy stated in his view the City is gaining a lot with the removal of the pool and other hardcover that
he would not be opposed to a variance to the average lakeshore setback.
McMillan inquired whether the applicant would like the application tabled to allow him to revise his
plans.
Leintz stated he would.
Curtis inquired whether the same house would be proposed in a different location.
Leintz stated it likely would be since the owners have already incurred approximately $18,000 in
architectural fees.
Murphy moved, McMillan seconded, to table Application #07-3254, Metro Building, 940 North
Arm Drive.
Brokl recommended the application be referred back to the Planning Commission.
Murphy withdrew his motion.
Murphy moved, McMillan seconded, to refer Application #07-3254, Metro Building, 940 North
Arm Drive, to the Planning Commission. VOTE: Ayes 4, Nays 0.
*7. #07-3267 CALVIN PRESBYTERIAN CHURCH, 177 GLENDALE DRIVE – CUP –
RESOLUTION NO. 5586
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5586, a Resolution granting a
conditional use permit and variance for the property located at 177 Glendale Drive. VOTE:
Ayes 4, Nays 0.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 14 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
MAYOR/COUNCIL REPORT
White stated he has compiled some information and photographs concerning the dock at Big Island that
he would be giving to Staff.
McMillan reported that Randy’s Sanitation has indicated they would be willing to participate in the City’s
new organics recycling program but that Allied would not be participating in the program initially.
McMillan noted that Allied is the largest hauler in Orono and that Randy’s Sanitation has approximately
1000 customers. McMillan noted she has not heard back from Waste Management. McMillan stated the
start-up date for the project is in early May.
Murphy stated a meeting was held last Monday to discuss the sewer agreement with the City of Long
Lake and that some progress is being made. Murphy noted another meeting has been scheduled for next
week.
Bremer commended the City’s Public Works Department for their plowing of the local streets following
the two major snowstorms.
CITY ENGINEER’S REPORT
8. FERNDALE ROAD AND FOX STREET BRIDGE REPLACEMENT PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
Moorse distributed some photographs of the existing Fox Street Bridge. Moorse stated there were some
concerns expressed regarding the aesthetics of the new bridges and the railings.
Moorse inquired whether the City Engineer has had an opportunity to see whether there are any standards
for a railing erected on a bridge and whether there is a certain height required.
Kellogg stated he did speak with the designer of the bridge and informed him that the Council would be
discussing the matter tonight. Kellogg stated there are standards and that to his understanding the existing
railings do not meet those standards.
Murphy stated the City should take special care to ensure that the bridges meet today’s standards but that
the bridge should be designed to better fit the older, rural character of the area.
Kellogg noted the State Transportation Department has signed off on the plans two years ago but that he
would speak with the designer to discuss the City’s options.
Murphy requested the railings be reviewed to see if they can be modified in some way while still meeting
Mn/DOT’s standards.
White suggested some decorative features be considered.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 15 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(Ferndale Road and Fox Street Bridge Replacement Plans, Continued)
Kellogg inquired whether the Fox Street Bridge except for the railing is okay the way it is proposed.
Murphy stated it is but that he would like to see the railing changed.
Moorse recommended approving the plans and specifications subject to the railing being changed.
Kellogg stated the bid opening could be delayed a week or two and that the awarding of the bid could be
rescheduled to the first meeting in May. Kellogg stated he would like the plans and specifications to
include the new railing.
Murphy moved, McMillan seconded, to approve the plans and specifications for the Ferndale Road
Bridge and Fox Street Bridge replacement projects and to authorize the advertisement for bids for
the two projects, subject to the railing being modified and the new dates for bid opening and
awarding of the bid being changed. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT, CONTINUED
White stated the editorial that was in last week’s Sun Sailor concerning the vacancy on the Orono City
Council was not totally accurate. White noted he did submit the following letter to the editor of the Sun
Sailor:
To the Editor:
I am writing to correct misperceptions created by your editorial of March 7, in which you state the Orono
City Council has delayed selecting a replacement for a vacant Council seat and is doing its voters a
disservice. The editor writer goes so far as to also suggest the replacement process used by Wayzata
could have been used in Orono to fill the seat at the first meeting in January, if we had been willing to
challenge ourselves and work on the matter over the holidays.
The editorial didn’t tell the whole story. It’s baffling why the writer didn’t do some basic reporting and
contact city administrator Ron Moorse, or one of the sitting Council Members or me and ask what we
were doing to fill the open council seat. The writer would have been told that after the November election
our Council discussed openly at its meeting the process it would use in this situation. We decided the
City would be best served by not starting the replacement process until newly elected Council member
Cynthia Bremer was seated and could participate in the process officially; insuring, therefore, that all
discussions on the selection would be in public meetings, not back rooms.
The Council adopted a resolution declaring a vacancy at its January 8 meeting. Notice of the vacancy
was then published in our official newspaper, the Sun Sailor, and posted on the City website, with
applications closing on February 1. At our February 12 Council meeting, the Council scheduled the
candidate interviews for February 26 and 27. The interview for one applicant was rescheduled to March
12 when he was not available on the 26th. The Sun Sailor, to my disappointment, chose to give our
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 16 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(Mayor/Council Report, Continued)
application notice minimal exposure, placing it in the middle of the local edition, following pages of soft
news.
While I appreciate the editorial writer’s recognition of how well our city functions and its strong financial
condition, I think his piece was remiss in not recognizing the open and transparent public process Orono
is using. It is our long-standing policy to have careful deliberations and a thorough process for decisions
on which public policy is based. This is important for the Council and for our citizens. Without such
knowledge, the public can’t judge the merits of actions we take. This is a process that respects Orono
voters; it does not disservice them.
Murphy noted the interview that was delayed and rescheduled for tonight did not go forward as expected
due to the absence of the candidate.
CITY ADMINISTRATOR’S REPORT
*9. ACCEPT RESIGNATION OF ADMINISTRATIVE ASSISTANT, DENISE LESKINEN
Murphy moved, Bremer seconded, to accept the resignation of Administrative Assistant Denise
Leskinen, effective March 9, 2007. VOTE: Ayes 4, Nays 0.
*10. MOUND ANIMAL IMPOUND CONTRACT
Murphy moved, Bremer seconded, to approve contracting with the Mound Police Department for
boarding and impounding of all dogs that are picked up in the City of Orono (Spring Park, Long
Lake, and Minnetonka Beach) for 2007. VOTE: Ayes 4, Nays 0.
11. DAKOTA RAIL TRAIL FINAL CONSTRUCTION PLANS – RESOLUTION NO. 5587
Moorse reported the City has received the final construction plans for the Dakota Rail Trail from Three
Rivers Park District. Moorse stated the City has had a number of discussions with Three Rivers regarding
the bridges and that they had requested a different design be used on the Tanager Lake Bridge railing to
more closely resemble a railroad bridge.
Moorse suggested Three Rivers be contacted regarding the status of the bridge on Tanager Lake.
Murphy stated the last time the City was having a discussion with Three Rivers Park regarding the trail it
concerned the surface of the trail and that a letter was sent to Three Rivers asking for clarification.
Murphy noted a meeting was then scheduled on the trail surfacing with Jim Deane, Bo Carlson, and some
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 17 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
(Dakota Rail, Continued)
other park representatives and that the meeting did not go well. Murphy stated in his view it is the
obligation of the Council to check on the status of the bridge and to make recommendations for what the
residents of this City would like to see for bridges in the area.
McMillan stated the City should request an explanation for why the plans deviated from the task force
plans, which had been approved by the Three Rivers Board.
White commented Tanager Lake is one of the more historic areas of this region and that the architecture
of the bridge and railing should attempt to fit the character of the area.
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5587, a Resolution Supporting
the Development of a Continuous Regional Recreational Trail on the Dakota Rail Corridor, and
Approving the Final Construction Plans for the Trail, with language being included to reflect the
changes desired for the railing on the Tanager Lake Bridge. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY’S REPORT
City Attorney Brokl stated he had delayed meeting with the Planning Commission until the new Planning
Commissioners had attended a couple of meetings but that the discussion regarding variances is now
moving forward.
*LICENSES
1. Jim and Judy Hatchett
840 North Shore Drive
Murphy moved, Bremer seconded, to approve the above license. VOTE: Ayes 4, Nays 0.
*BILLS
Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 18 of 19]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 12, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 19
MAYOR/COUNCIL REPORT, CONTINUED
Murphy inquired what the City’s next step is with regard to the Stonebay development.
Moorse stated Staff did view the site and that they have requested the developer provide some as-built
information so the City can ascertain how the drainage would work. Moorse stated Staff is currently
looking into that issue.
Murphy stated it is the City’s responsibility to ensure the project is built the way it was approved,
especially given the water table in this area.
Kellogg stated as-built grading plans for the complex and all associated sewer plans for that complex have
not been provided. Kellogg indicated Bonestroo’s water resource group is currently reviewing the
information they received last week. Kellogg stated if additional information is required, Bonestroo has
been directed by City Administrator Ron Moorse to go out on the site and obtain the information directly.
ADJOURNMENT
McMillan moved, Murphy seconded, to adjourn the Orono City Council meeting at 9:35 p.m.
VOTE: Ayes 4, 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
Item #03 - CC Agenda - 03/26/07
Approval of Council Minutes 03/12/07 [Page 19 of 19]
Item #04 - CC Agenda - 03/26/07
Public Hearing NPDES Phase II Storm Water Permit [Page 1 of 1]
Item #05 - CC Agenda - 03/26/07
Farview Neighborhood Sewer Project, Hearing & Assessement Roll & Contract [Page 1 of 10]
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Item #08 - CC Agenda - 03/26/07
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Item #09 - CC Agenda - 03/26/07
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Item #10 - CC Agenda - 03/26/07
Award Bid For TH12 Old Crystal Bay Rd Water Main Improvements [Page 1 of 3]
Item #10 - CC Agenda - 03/26/07
Award Bid For TH12 Old Crystal Bay Rd Water Main Improvements [Page 2 of 3]
Item #10 - CC Agenda - 03/26/07
Award Bid For TH12 Old Crystal Bay Rd Water Main Improvements [Page 3 of 3]
Item #11 - CC Agenda - 03/26/07
Appointment of Planning Commission Chair & Vice Chair [Page 1 of 1]
Item #12 - CC Agenda - 03/26/07
Approval of Painting the Interior of the Police Department [Page 1 of 6]
Item #12 - CC Agenda - 03/26/07
Approval of Painting the Interior of the Police Department [Page 2 of 6]
Item #12 - CC Agenda - 03/26/07
Approval of Painting the Interior of the Police Department [Page 3 of 6]
Item #12 - CC Agenda - 03/26/07
Approval of Painting the Interior of the Police Department [Page 4 of 6]
Item #12 - CC Agenda - 03/26/07
Approval of Painting the Interior of the Police Department [Page 5 of 6]
Item #12 - CC Agenda - 03/26/07
Approval of Painting the Interior of the Police Department [Page 6 of 6]
Item #13 - CC Agenda - 03/26/07
Liquidation of Surplus Forfeited Vechicle [Page 1 of 1]
Item #14 - CC Agenda - 03/26/07
Amend Fee Schedule Related to Golf Course Fees [Page 1 of 3]
Item #14 - CC Agenda - 03/26/07
Amend Fee Schedule Related to Golf Course Fees [Page 2 of 3]
Item #14 - CC Agenda - 03/26/07
Amend Fee Schedule Related to Golf Course Fees [Page 3 of 3]
Item #15 - CC Agenda - 03/26/07
Licenses [Page 1 of 4]
Item #15 - CC Agenda - 03/26/07
Licenses [Page 2 of 4]
Item #15 - CC Agenda - 03/26/07
Licenses [Page 3 of 4]
Item #15 - CC Agenda - 03/26/07
Licenses [Page 4 of 4]