HomeMy WebLinkAbout05-14-2007 Council Packet Agenda for Council Meeting Set for Monday, May 14, 2007, 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 on the counter near the sign in
sheet.
Approval of Minutes
* 2. Regular Council Meeting of April 23, 2007
3. Reconvened Local Board of Appeal and Equalization of April 30, 2007
4. Special Council Meeting, April 30, 2007
Planning Commission Comments – Kim Kang
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
5. #06-3225 875 WBW LLC, David Carlson, 875 Wayzata Boulevard West – SUBD/RPUD
Rezoning
* 6. #06-3245 Micheal & Karen Maney, 3605 North Shore Drive – Status of Remodel Project –
Resolution
7. #07-3250 Phillip Carlson, 2060 Wayzata Boulevard – Final Plat – Resolution
8. #07-3251 Mandeep & Leisa Sodhi, 4080 Dahl Road – Variances
9. #07-3259 Lake Country Builders/Gary & Kathryn Gangstee, 1374 Rest Point Road – Variances
10. #07-3262 James & Corrine Beck, 3820 Cherry Avenue – Variance
11. #07-3266 Vogue ICF Homes/Benjamin & Karen Milbrath, 1404 Baldur Park Road – Variance
* 12. #07-3272 Kern Hoppe, 1150 Wyndmere Road – SUBD Preliminary Plat – Resolution
13. #07-3277 Susan Nelson, 500 Oxford Road – Variance
14. #07-3278 John Terrance Homes, 2500 Kelley Parkway – CMP Amendment
15. #07-3283 Steven Sigel, 1399 Park Drive – Variance
16. #07-3284 Sharratt Design/Micheal Sharratt, 2507 Kelley Avenue – Variance/CUP
Mayor/Council Report
City Engineer’s Report
17. Payment Request No. 3 and Final – McCulley Road Reconstruction Project
18. Bridge Grant Award – Resolution
Agenda for Council Meeting Set for Monday, May 14, 2007, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
City Administrator's Report
19. Safe & Sober Grant – Resolution
City Attorney's Report
* 20. Licenses & Permits
Fireworks – Sale and/or Storage of Consumer Fireworks
Special Events
21. Licenses & Permits
Trapping Permit
* 22. Bills
Upcoming Issues and Events
2007
05/14 – Council Work Session, Monday, 5:30 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 – Dave Rahn)
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.
06/01 – Leaf and Grass Disposal, Friday, Noon - 3:00 p.m.
06/02 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m.
06/06 – Planning Commission Work Session, Wednesday, 5:30 p.m.
06/11 – Council Meeting, Monday, 7:00 p.m.
06/12 – Council Work Session, Tuesday, 6:00 p.m.
06/18 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Jim Murphy)
06/25 – Council Meeting, Monday, 7:00 p.m.
06/26 – Council Work Session, Tuesday, 6:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members Lili McMillan, Jim Murphy, and David Rahn. Council Member
Cynthia Bremer arrived at 7:05 p.m. Representing Staff were City Administrator Ron Moorse, Planning
Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner, City Attorney Soren Mattick, 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. 5A, 12, 13, 14, and 15 were added to the Consent Agenda.
McMillan moved, Murphy seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 4, Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF APRIL 9, 2007
McMillan moved, Murphy seconded, to approve the minutes of the April 9, 2007 City Council
meeting as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS – DICK KROEGER, REPRESENTATIVE
Kroeger had nothing to report but stated he would be available for questions.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
*3. #06-3211 TED CAPRA, 3534 IVY PLACE – VARIANCE RENEWAL – RESOLUTION
NO. 5604
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5604, a Resolution granting
renewal of a hardcover variance for the property located at 3534 Ivy Place. VOTE: Ayes 4,
Nays 0.
PAGE 1
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 1 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
4. #06-3245 MICHAEL AND KAREN MANEY, 3605 NORTH SHORE DRIVE – REVIEW
STATUS OF REMODEL PROJECT
Michael Maney, Applicant, and Michael Sharratt, Architect, were present.
Turner stated on January 22, 2007, Council approved a number of variances to allow the addition of a
second story and attached garage to the existing house. On April 2, 2007, the contractor applied for a
building permit for the project. Upon reviewing the permit application, Planning Staff determined that
what was proposed would constitute a rebuild rather than an addition. Staff then found information in
the file suggesting the house was constructed on pilings. Council consideration was delayed while this
was investigated to determine if any of the foundation could be reused.
Turner indicated this is a similar situation that the Council heard in early March where a second story
addition had turned into a rebuild. In this situation, complete plans were provided and it was easy to
determine that it was a rebuild. The applicants are proposing to reuse the pilings and the block
foundation and add additional pilings without disturbing the existing block. The applicants would like
to add another course of block to raise the floor level so they are able to meet the six inch of separation
requirement between earth and untreated lumber. A totally new structure would be constructed on top
of the block, with the garage being added. The applicants would construct the same structure as was
approved but the entire structure would be rebuilt except for the foundation.
It is Staff’s opinion that the project as now proposed is not in compliance with the approved variances.
Council should determine whether it would have approved the variances if the proposal had been
presented as a rebuild rather than an addition.
Typically a new house is expected to require fewer variances than an addition. Due to the size of the
property, a new house would require street and side setback variances as well as hardcover variances.
Normally a new house is not granted a structural lot coverage variance. The existing house has 1,509
square feet and the attached garage would add another 624 square feet. The wing wall and an extended
overhang on the lakeside would add another 33 feet square feet. The additional structural coverage was
approved based on the project being the replacement of a detached garage with an attached garage. The
garage was allowed to be larger than minimum to accommodate storage and mechanical equipment that
would normally be in the basement. The fact that about 200 square feet of the existing house was to be
converted to open porch was also a consideration in the structural coverage variance.
White noted the existing house is located 44 feet from the lakeshore rather than 75 feet as required and
that this information completely changes the application.
Rahn questioned why the structural coverage was approved at 22.9 percent.
Turner stated early on in the application process the applicants had taken their lot area all the way up to
the right-of-way of North Shore Drive and it was later determined that they needed to exclude what was
considered to be a private road. This changed their numbers half way through the process. Turner
stated the additional structural coverage consisted of a garage and overhang as well as a wing wall that
was considered structural.
PAGE 2
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 2 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(#06-3245 Michael and Karen Maney, Continued)
Turner stated Staff did not have a demolition plan and that the letter from the structural engineer was
later found to not be based on an actual site visit but written on a theoretical basis.
Rahn stated in his opinion, if all the wood is going to be replaced, this application should start over
because it would have been looked at in a different light.
Murphy stated based on the amount of work being proposed, he is in agreement with Council Member
Rahn and that this application should go back to the Planning Commission.
White stated it is clear this is a rebuild rather than a remodeling project.
Bremer stated the difference between this and the Walters Port Lane property is that the Council took
into consideration that Staff had issued the building permit without all the appropriate documentation
having been submitted. Bremer stated this application is like an after-the-fact variance request in that
the Council is being put in a position of trying to decide how they would have dealt with this situation
had it been presented as a rebuild in the first place.
McMillan stated any time you are dealing with trying to utilize old foundations, there are a lot of
variables and that the City needs to take a firmer position on these type of projects. McMillan stated
this lot is a hardship lot and that she has some doubts about how much would be able to be changed.
Maney distributed a memorandum to the Council regarding his application. Maney stated they are
prepared to move forward with the plan that has been approved by the Council and that it was their
intention to determine the exact condition of the foundation prior to commencing the project. Maney
commented it is sometimes difficult to anticipate all the variables that go with a remodeling project and
that based upon some limited excavation that has been done on the site, it was determined that the house
was constructed on pilings and that there are poor soils on the site.
Maney stated they are not proposing to end up with anything different from their approved house except
to replace the existing walls and floor with new walls and floor.
Sharratt stated they did have a number of meetings with Staff and it was discussed during those
meetings that they wanted to utilize the existing foundation. Staff had asked whether the owners really
wanted to retain the existing first floor walls and there was no mention of a percentage being mentioned
for when the project constitutes a rebuild versus a remodel. Sharratt stated if necessary, they will leave
the existing walls and foundation and simply re-enforce them to support the addition.
Maney noted they have not started any demolition at this time.
Sharratt stated they completed their floor plans with the idea that the first floor walls would be replaced.
Sharratt noted their application process has taken a considerable amount of time and the closing on the
property did not occur until January. A limited amount of excavation on the site was done as soon as
PAGE 3
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 3 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(#06-3245 Michael and Karen Maney, Continued)
they were notified that the house was constructed on pilings. There is no cracking or deterioration of
the foundation walls.
Sharratt submitted a copy of the engineer’s report to Staff, noting that the opinion of the structural
engineer is that the foundation is in good condition and is adequate to support a one-story structure. The
existing foundation would need to be re-enforced to support a second story. The house has been
designed to look like a story and a half but would, in fact, be a two-story home.
Sharratt stated they have tried hard to respect the ordinances of the City during this process and that they
were not made aware of the distinction between a remodel and a rebuild. The existing piling system has
a value of fifty to sixty thousand dollars and if the foundation was not in good condition, he would have
recommended to the applicant that the foundation be replaced.
Sharratt noted this project significantly reduces hardcover from what currently exists, reduces the first
floor footprint of occupied building mass, and results in a structure that is significantly below the
maximum height dimension, eliminates the non-conforming side yard setback of the existing garage and
relocates the face of the new garage over two feet south to widen the private drive to facilitate
emergency access.
Sharratt stated he is unsure that submitting a new application would accomplish much over what has
already been proposed with this plan. Sharratt indicated Staff was fully informed on what they were
proposing on this site from the beginning.
Murphy noted Staff’s report states the following: “Without removing the block walls, additional pilings
would be added to support the weight of the second story. A course of block would be added to make it
easier to provide the required separate between earth and untreated wood. The additional block would
partially compensate for the height lost in the crawl space because its floor must be raised a foot to
comply with floodplain regulations.” Murphy inquired whether the floor would be removed.
Sharratt stated the floor would be removed.
Murphy pointed out the only thing left would be the perimeter of the foundation.
Sharratt stated the piling system, the grade beam, and the block would remain, which is similar to what
happened on Walters Port. Sharratt stated they were not aware of the City’s distinction between a
rebuild and a remodel project.
Sharratt stated variances are based on working plans rather than completed building plans due to the
expense that his clients would incur by having to do completed building plans twice. Sharratt stated
they determined removal of the first floor walls would result in a better constructed house and that the
additional course of block would help resolve the drainage problem near the house. Sharratt stated if the
additional block is not added, they would install drain tile but that the house would sit lower. If the City
PAGE 4
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 4 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(#06-3245 Michael and Karen Maney, Continued)
classifies this as a rebuild and does not approve it, they would be happy to leave the foundation as is,
leave the existing first floor walls as is, and leave the floor as is.
Rahn inquired whether a second story could be added on top of that.
Sharratt stated a second story could be added on top of it.
Rahn stated he would like to get past having people attempt to save their existing foundation and that
the Council should look at these type of applications as a rebuild. Rahn expressed a concern that people
are constructing brand-new homes on top of an old foundation.
Rahn stated it is confusing when the architect uses words like occupied space and storage space and
noted that the Council considers it structural coverage and not occupied space. Rahn noted that the
Council generally does not approve structural coverage over 15 percent and that the applicants need to
make decisions on what type of living space they want.
Sharratt noted the driveway is subtracted from the lot area.
Maney inquired whether there is a perception that this plan is different than what was originally
approved.
Rahn stated he does have some confusion given the structural coverage numbers that were provided and
the amount of work that is being proposed. Rahn indicated it was his understanding that the applicant
was simply adding a second story.
Sharratt stated they will be adding a second story.
McMillan noted a bigger garage is also being constructed.
Maney stated they are willing to proceed with the plans that the Council approved if that is the desire of
the Council but that they have the opportunity to improve the integrity of the house by replacing certain
portions of the structure.
Rahn stated if the entire interior is going to be gutted and the exterior walls remain, that still constitutes
a rebuild rather than a remodel.
Sharratt stated their plans have not changed from the beginning
McMillan inquired whether the floodplain issue was unknown to the applicants.
Sharratt stated they did not know the exact elevation of the crawl space. The crawl space has a dirt floor
so it is uneven. They were told by Staff that any floor elevation had to be above 932.5’. It was
PAGE 5
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 5 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(#06-3245 Michael and Karen Maney, Continued)
determined that the crawl space was below that elevation and they were advised to raise that. Sharratt
stated they designed a topping slab in that area to raise the floor to the 932.5 foot elevation.
McMillan stated she understands why the applicants feel it would be better to replace some of the
existing walls in order to construct a better structure but that it puts the City Council in a tough position
when they have already granted certain variances based on the fact that this was to be a remodel.
White noted the difference in the structural coverage numbers from 19 to 21 was the subtraction of the
private road. White commented this is a really tough lot to construct on.
Sharratt stated it would be beneficial to come up with a system that quantifies a remodel from a rebuild.
Gaffron stated the Planning Commission has spent two or three years discussing that issue in an attempt
to come up with some type of figure to quantify that but that the City has not finalized anything at this
point.
Murphy stated the City Council did approve a number of variances on this lot and that he is troubled
Staff did not explain the difference between a remodel and a rebuild to the applicant. Murphy stated the
Council approved the variances without understanding completely what existed for the foundation.
Turner stated the engineer’s letters was received by Staff but was not thoroughly reviewed at that time.
Turner stated Staff could have made it clearer to the Council that the inside of the house was going to be
totally gutted.
Rahn stated in his opinion Staff should be given demolition plans and that things are looked at
differently by applicants and Staff.
Sharratt stated their plans showed a complete reorganization of the house on the inside. Sharratt
commented any time someone takes a roof off an existing house, it is very likely a considerable amount
of the structure will be removed.
Rahn stated that does not happen every single time but that it seems to occur a lot in this area.
Sharratt stated if the house is brought up to code, a considerable portion of the house is removed and
replaced.
Murphy moved, White seconded, finding that the work proposed is in compliance with the
previously approved variances.
Rahn commented this appears to be a miscommunication between the City and the applicant.
McMillan noted this is the second application in a month that the Council has had to deal with regarding
a rebuild versus a remodel and that it is her hope Staff starts requiring demolition plans to help them
PAGE 6
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 6 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(#06-3245 Michael and Karen Maney, Continued)
deal with similar situations. McMillan stated the City wants to see quality homes constructed but that
the City does not want to be playing games with applicants who propose constructing on an existing
foundation and then later saying that the foundation is in poor condition.
VOTE: Ayes 4, Nays 1, Bremer Opposed.
Mattick inquired whether the City Council would like to make a motion to amend the resolution.
McMillan moved, Rahn seconded, to direct Staff to prepare an amended resolution to Resolution
No. 5570. VOTE: Ayes 4, Nays 1, Bremer Opposed.
*5. #07-3255 CATHERINE SWEET, 3405 CRYSTAL BAY ROAD – VARIANCE –
RESOLUTION NO. 5605
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5605, a Resolution granting a
setback variance, hardcover variances, and an encroachment variance for the property located at
3405 Crystal Bay Road. VOTE: Ayes 4, Nays 0.
*5A. #07-3255 CATHERINE SWEET, 3405 CRYSTAL BAY ROAD – ENCROACHMENT
AGREEMENT
McMillan moved, Murphy seconded, to accept the encroachment agreement and to authorize the
Mayor and the City Clerk to sign it after Ms. Sweet has executed the agreement. VOTE: Ayes 4,
Nays 0.
*6. #07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE – VARIANCE AND
CONDITIONAL USE PERMIT – RESOLUTION NO. 5606
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5606, a Resolution granting a
conditional use permit, side setback variance and half-story definition variance for the property
located at 3135 Casco Circle. VOTE: Ayes 4, Nays 0.
PAGE 7
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 7 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
7. #07-3272 KERN HOPPE, 1150 WYNDMERE ROAD – SUBDIVISION/PRELIMINARY
PLAT
Kern Hoppe, Applicant, was present.
Turner stated the applicant is requesting preliminary plat approval to divide the property into a 3.95 acre
lot for the existing house and a 3.62 acre lot for a new house. Hennepin County is requesting an
additional ten feet of right-of-way. It has been customary for the City to not honor these requests unless
it can be demonstrated that the plat creates the need for the additional right-of-way.
The Planning Commission voted 7 to 0 to recommend approval of the preliminary plat subject to:
1. A wetland delineation acceptable to the MCWD being provided with the application for final
plat approval.
2. The Flowage and Conservation Easement being revised as necessary to reflect change in
location of the wetland and current regulations.
3. The plat providing a drainage easement over the portion of the property with an elevation of
969.5 and below.
4. Payment of a park dedication fee for the new lot.
5. Payment of the storm drainage fee.
6. The title opinion required with the application for final plat approval addressing this issue of the
new lot having access from Wyndmere Road. Access from Sixth Avenue North is not
acceptable as it is a county road.
Planning Staff recommends approval of the preliminary plat per the Planning Commission
recommendation with the addition to the first condition of the following language: “and both lots
having two acres of high, buildable land.”
White commented that given the elevation of the land, it does not appear likely that there are extensive
wetlands on this property.
City Engineer stated he does not know whether a formal review by his office has been completed on this
application.
Murphy suggested a motion be passed with the stipulation that the wetland delineation be completed
prior to any other work being commenced on this project and that the Council would not need to review
this application again unless the wetland delineation negatively impacts the buildable area of the two
lots.
PAGE 8
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 8 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(#07-3272 Kern Hoppe, Continued)
Gaffron recommended the Council direct Staff to draft a resolution and that in a couple of weeks the
wetland delineation should be completed.
Gronberg stated the wetland delineation should be completed in the next week or two and that it should
not impact the buildable area of the lots.
Bremer moved, McMillan seconded, to direct Staff to prepare a resolution approving the
preliminary plat on Application #07-3272, subject to the conditions outlined in Staff’s report
dated April 23, 2007. VOTE: Ayes 5, Nays 0.
8. #07-3274 BRUCE PADDOCK, 1450 & 1500 BRACKETTS POINT ROAD –
SUBDIVISION/VACATION/PRELIMINARY PLAT – RESOLUTION NO. 5607
George Stickney, Developer, and Mark Gronberg, Surveyor, were present.
Gaffron noted Council voted 4-1 to direct Staff to draft a resolution for preliminary plat approval,
incorporating the Staff recommended conditions noted in the memo of April 5th, with no compensation
to the City required for the street vacation and subject to provisions of a stormwater management plan.
The attached resolution includes conditions requiring submittal and approval of a stormwater
management plan prior to final plat approval and requires that if such plans result in the need for
ponding, that the lot line between Lots 1 and 2 shall be relocated as necessary so that Lot 1 will contain
no less than 2.0 acres dry buildable area.
Gaffron stated the developer has requested that the diameter of the proposed cul-de-sac outlot be 90 feet
rather than 100 feet. Per Staff’s recommendation, the drainage and utility easement required with Lots 1
and 2 abutting the cul-de-sac is increased to 15 feet, resulting in the same dedicated corridor diameter
that would be created by a 100-foot diameter outlot with 10 feet easements.
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5607, a Resolution
Approving the Preliminary Plat for Properties Located at 1450 and 1500 Bracketts Point Road.
VOTE: Ayes 5, Nays 0.
*9. #07-3275 BPS PROPERTIES, 95 LEAF STREET – SUBDIVISION: NEW
LOTS/PRELIMINARY PLAT – RESOLUTION NO. 5608
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5608, a Resolution Approving
the Preliminary Plat for Property Located at 95 Leaf Street. VOTE: Ayes 4, Nays 0.
PAGE 9
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 9 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
10. #07-3279 GERALD ERICKSON, 720 BIG ISLAND – CONDITIONAL USE PERMIT –
RESOLUTION NO. 5609
Gerald Erickson, Applicant, was present.
Murphy inquired whether the picture that is included in Council’s packet is what will be constructed and
what color the structure would be painted.
Curtis stated the applicant is present and can answer questions. The applicant would also like to address
the setback issue with the Council.
Erickson stated it is a metal building and that it would be brown and a dark beige. Erickson stated the
southern boundary is close to 100 feet and that he has spoken to the neighbor to the south about the
building and that the neighbor does not have a problem with the location.
Curtis noted that neighbor did contact Staff on Friday.
McMillan inquired why the location was being changed.
Erickson stated the land in that area is flatter and that he would be removing a couple of trees.
Erickson stated the building would be located 125 feet from the west and 100 feet from the south.
Rahn moved, McMillan seconded, to adopt RESOLUTION NO. 5609, a Resolution Granting a
Conditional Use Permit and Variance for the Property Located at 720 Big Island, with the
language in Item 3(d) of the resolution being amended to read a setback of 125 feet from the west
and 100 feet from the south VOTE: Ayes 5, Nays 0.
11. SUAD AZHARI TRUST, 1745 FOX STREET – SUBDIVISION RENEWAL –
RESOLUTION NO. 5610
Mark Gronberg, Surveyor, was present.
Gaffron stated the issue on this application is that replacement of the existing septic system was required
within two years of filing final plat. The original deadline for filing would have been July of 2007 but
this subdivision renewal would extend that to July of 2009.
Murphy inquired whether the septic system is failing at the present time.
Gaffron stated it is nonconforming due to the separation and to his knowledge the septic system is not
failing.
PAGE 10
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 10 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(Suad Azhari Trust, Continued)
McMillan inquired when the septic system would need to be replaced if they were not going forward
with the subdivision.
Gaffron indicated it would need to be replaced in 2007 because it is shoreline property.
Murphy inquired whether this project is actually moving forward.
Gronberg stated he has been informed the project is moving forward.
McMillan inquired what a reasonable time to replace the septic would be.
Gaffron indicated to his knowledge the City has approximately 150 to 200 septic sites that need to be
replaced this year and another 200 that are due in 2010. Gaffron stated it is unlikely all those sites
would be replaced. Had the plat been filed last fall without the extension, the applicants would have
had two years from 2006 to replace the septic system. Gaffron stated he does not have a problem with
extending the time for replacement of the septic system.
Murphy inquired whether the City’s septic inspector would be conducting annual inspections of the
City’s septic sites.
Gaffron indicated to his knowledge an annual inspection would take place on this property.
Murphy suggested that a condition be placed on approval that if the system is determined to be failing
within that two year time period, the property owner be required to replace the septic system.
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5610, a Resolution Granting a
Six Month Extension to the Effective Period of Final Plat Approval Established Per Resolution
No. 5486, subject to the addition of Condition 8C, in the event the existing septic system is
determined to be failing, the property owner would be required to replace the septic system within
90 days. VOTE: Ayes 5, Nays 0.
*12 #07-3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD –
VARIANCE – RESOLUTION NO. 5611
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5611, a Resolution granting a
hardcover variance and a variance from the accessory structure separation requirement for the
property located at 1280 Bracketts Point Road. VOTE: Ayes 4, Nays 0.
PAGE 11
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 11 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
MAYOR/COUNCIL REPORT
White noted that Dan Oas, a long-time resident of Orono, has died recently. White stated Oas
volunteered a great deal on various City activities.
Rahn inquired whether the Public Works Department is included in the summer hours and whether the
decision to participate in the summer hours was left to the department.
City Administrator Moorse stated to his understanding the Public Works Department decided a number
of years ago that they would stay with the same schedule year-round.
Rahn stated he would like the Public Works Department to be given that choice in the event it has not
been discussed recently. Rahn stated he has read the article in Orono’s newsletter on solicitors and that
he has some confusion on whether the City requires a solicitor’s license and the distinction between
peddlers and transients.
City Attorney Mattick stated there are three different categories and solicitors, peddlers and transients
are each held to a different constitutional standard. Mattick indicated he would need to review the
City’s ordinance language but that a property owner normally is allowed under city ordinances to post
his property restricting solicitors.
McMillan stated solicitation was one of the issues recently discussed by the Police Advisory Committee
and that the various communities are attempting to adopt the same ordinance language regulating
solicitation.
Moorse noted the City has sent its ordinance language to other cities.
McMillan stated the majority of the calls that she received last year related to unwanted solicitors.
Rahn commended McMillan on the organics insert in the latest newsletter.
McMillan noted the organics group will have a table at the City’s clean-up day to help educate the
general public on the organics program and that they will also be including different articles in the
newsletter that are designed to help answer people’s questions on organics and recycling. McMillan
noted that Randy’s Sanitation does not currently cover Casco Point but they have indicated they would
cover the organics on Casco Point.
Bremer noted Earth Day was last week and that the Boy Scouts did a great job of cleaning up downtown
Navarre. Bremer suggested the City look at having more beautification days.
Bremer stated in her opinion the roads in Casco Point have deteriorated rather rapidly.
The City Council briefly discussed the condition of the roads throughout the City. It was noted the
amount of home construction on Casco Point has contributed to the deterioration.
PAGE 12
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 12 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(Mayor/Council Report, Continued)
Bremer suggested the City consider presenting a business of the year award. Bremer stated she would
like the City to do a better job of cleaning up and improving the Navarre area.
White reported on how other cities have provided rain barrels at a discounted price to residents and that
it is an effective way to deal with the runoff off of roofs. White distributed some information he has
gathered regarding steps the City could be taking on stormwater management.
Gaffron stated the rain barrels are a good idea but that they will not completely solve the drainage on
some of these lots that are fairly flat.
Bremer commented the City should encourage the use of pavers since they do absorb water and that
perhaps the City should revisit their position on the use of pavers and consider offering some incentives
to homeowners if they are utilized.
White inquired whether it is against Minnesota Statutes to have your runoff go onto your neighbor’s
property.
Mattick stated property owners are not allowed to redirect the drainage onto someone else’s property.
Bremer stated some of the drainage problems occur over time.
Murphy stated he would like to see the creation of a task force to address the environmental issues the
City is faced with now and could be faced with in the future. Murphy requested the Council direct the
City Administrator to draft a charter for the task force.
It was the consensus of the City Council to direct the City Administrator to draft a charter for the
environmental task force.
Murphy stated he was recently in Navarre and reported there are two vehicles that have been parked in
the same spot for approximately six months or longer. Murphy requested that the Police Department be
notified of the situation and have the vehicles towed if necessary.
McMillan inquired whether the City has any language regulating the number of vehicles on a property.
Moorse stated the language deals with whether the vehicles are operable and are licensed.
CITY ENGINEER’S REPORT
City Engineer Kellogg had nothing to report.
PAGE 13
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 13 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
CITY ADMINISTRATOR’S REPORT
*13. ACCEPT QUOTATION FOR PARK MOWING SERVICES
McMillan moved, Murphy seconded, to accept the quotation from Meyer’s Outdoor Services of
Delano, Minnesota, for the 2007 season park mowing services in the amount of $16,800. VOTE:
Ayes 4, Nays 0.
*14. AWARD OF 2007 LIABILITY AND WORKERS COMPENSATION INSURANCE
PACKAGE
McMillan moved, Murphy seconded, to award the 2007 insurance package effective January 1,
2007, to the League of Minnesota Cities Insurance Trust for worker compensation coverage,
$82,296; comprehensive municipal property and casualty package, $86,327; umbrella excess
liability, $21,381; open meeting law, $512; and golf course liquor liability, $563. VOTE: Ayes 4,
Nays 0.
McMillan moved, Murphy seconded, to affirm the resolution to not waive the statutory limits that
was adopted January 10, 2005. VOTE: Ayes 4, Nays 0.
*15. APPOINT ADMINISTRATIVE SUPPORT ASSISTANT
McMillan moved, Murphy seconded, to appoint Christine Mattson to the position of
Administrative Support Assistant, at the Level 4, Step 1 pay rate of $16.47 per hour, effective May
31, 2007. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY’S REPORT
City Attorney Mattick had nothing to report. Mattick stated code enforcement would be discussed at the
joint Planning/City Council work session scheduled for Tuesday, April 24.
*16. LICENSES
LIMITED TRAP USE PERMIT
1. Irwin Jacobs
1700 Shoreline Drive
McMillan moved, Murphy seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0.
PAGE 14
Item #02 - CC Agenda - 05/14/07
Approval of Council Minutes 4/23/07 [Page 14 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
*17. BILLS
McMillan moved, Murphy seconded, to approve payment of the All Funds Account.
VOTE: Ayes 4, Nays 0.
ADJOURNMENT
Murphy moved, Rahn seconded, to adjourn the Orono City Council meeting at 8:40 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
___________________________________ ____________________________________________
Linda S. Vee, City Clerk James White, Mayor
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Payment Reques No 3 & Final McCulley Rd Reconstruction
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Payment Reques No 3 & Final McCulley Rd Reconstruction
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Payment Reques No 3 & Final McCulley Rd Reconstruction
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Payment Reques No 3 & Final McCulley Rd Reconstruction
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Payment Reques No 3 & Final McCulley Rd Reconstruction
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Bridge Grant Award [Page 1 of 3]
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Bridge Grant Award [Page 2 of 3]
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Bridge Grant Award [Page 3 of 3]
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Safe & Sober [Page 1 of 2]
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Safe & Sober [Page 2 of 2]
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Licenses & Permits [Page 1 of 5 ]
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