HomeMy WebLinkAbout07-23-2007 Council Packet PUBLIC ATTENDANCE
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Agenda for Council Meeting Set for Monday, July 23, 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 July 9, 2007
Presentation
3. 2006 Comprehensive Annual Financial Report - Ken Malloy
Planning Commission Comments - Dick Kroeger
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
4. #05-3143 Dan Hessburg, 774 Tonkawa Road - Review Unapproved Grading
5. #07-3266 Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldur Park Road
- Variance
6. #07-3280/
#07-3281
Vogue ICF Homes, 1348 and 1350 Rest Point Circle - Variances
* 7. #07-3282 Suad Azhari Trust, 1745 Fox Street - Subdivision - 2nd Renewal - Resolution
8. #07-3290 Benjamin Sachs for DRK Family Association, 2523 Kelly Avenue - Variance
* 9. #07-3294 Ron Demshar, 2821 Casco Point Road - Conditional Use Permit (ATF) - Resolution
10. #07-3299 Mike Benedict/James Lowe III, 25/105 Orono Orchard Road North - Subdivision: Lot
Line Rearrangement - Resolution
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
11. Restructuring of Planning & Zoning Department
12. Part-Time Community Service Officer Pay Rate
13. Accept Resignation of Sergeant James Morowczynski
Agenda for Council Meeting Set for Monday, July 23, 2007, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
14. Recognition of Sergeant James Morowczynski - Resolution
15. Accept Donation
16. Request to Hire Police Officers
17. Replacement of Dehumidification Unit at Navarre Water Treatment Plant
City Attorney's Report
18. Licenses & Permits
Garbage Haulers
* 19. Bills
Upcoming Issues and Events
2007
07/19 - Council Work Session, Thursday, 7:00 p.m.
07/23 - Council Work Session, Monday, 6:30 p.m.
07/23 - Council Meeting, Monday, 7:00 p.m.
07/24 - Council Work Session, Tuesday, 6:00 p.m.
08/13 - Council Meeting, Monday, 7:00 p.m.
08/14 - Council Work Session, Tuesday, 6:00 p.m.
08/20 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison - Jim Murphy)
08/27 - Council Meeting, Monday, 7:00 p.m.
08/28 - Council Work Session, Tuesday, 6:00 p.m.
09/03 - HOLIDAY, Labor Day
09/04 - Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m.
09/10 - Council Meeting, Monday, 7:00 p.m.
09/11 - Council Work Session, Tuesday, 6:00 p.m.
09/17 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison - Mayor White)
09/24 - Council Meeting, Monday, 7:00 p.m.
09/25 - Council Work Session, Tuesday, 6:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
ROLL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members Lili McMillan, Cynthia Bremer, and David Rahn; City Attorney Soren
Mattick. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron,
Planners Evelyn Turner and Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young.
Council Member Jim Murphy was absent.
Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
1. APPROVE/AMEND
Items 10, 11, 13, and 14 were added to the Consent Agenda.
Bremer moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETIG OF JUNE 25, 2007
Bremer moved, McMillan seconded, to approve the minutes of the June 25, 2007, Regular City
Council meeting as submitted. VOTE: Ayes 4, Nays 0.
RECOGNITION
3. LIFESAVING AWARD PRESENTED TO TAYLOR ADAMS – RESOLUTION NO.
5636
Correy Farniok, Orono Police Chief, stated on June 26, 2007, Taylor Adams heroically rescued her
grandmother from a fire at her house.
Mayor White presented Taylor Adams with the Lifesaving Award on behalf of the City of Orono.
Rahn moved, Bremer seconded, to adopt RESOLUTION NO. 5636, a Resolution Commending
Taylor Adams for her Efforts in Relation to a Fire in the City of Orono. VOTE: Ayes 4, Nays 0.
PAGE 1 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [1 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
PUBLIC HEARING – 7:05 P.M.
4. DAKOTA RAIL CORRIDOR DRIVEWAY EASEMENT – ASSESSMENT HEARING
Mayor White opened the public hearing at 7:08 p.m.
Moorse stated tonight is the assessment hearing for the seven properties located on Crystal Bay Road that
have access to their properties from a driveway at the rear of their properties. The driveway is on the
Dakota Rail Corridor right-of-way, which is owned by the Hennepin County Regional Railroad
Authority. The HCRRA has agreed to provide an easement for the driveway to the City at a cost of
$84,875. This cost would be assessed to the benefiting property owners over a 15-year period.
Gaffron illustrated on the overhead the location of the driveway along the Dakota Rail Corridor.
White inquired whether there are any structures that lie within the easement area.
Gaffron stated there are some structures that could possibly extend right up to the corridor but that he is
not aware of any structures that are actually located within the right-of-way.
Bill Wolfe, 3255 Crystal Bay Road, stated he has resided on his property for approximately 40 years and
that the road was existing at the time he purchased the property. Wolfe stated in his opinion this is a
reasonable solution to the problem and encouraged the City Council to adopt the resolution.
Mark Prueter, 3215 Crystal Bay Road, stated he has resided on his property for 15 years and that they
have used this driveway during that entire time. Prueter inquired whether the City has investigated the
right of adverse possession. Prueter noted at the time his neighbor rebuilt his garage a few years ago, he
was given permission to construct the garage off of the roadway. Prueter questioned how the City of
Orono could have provided a permit for the garage if the property owners did not have legal access to the
roadway. Prueter stated he would like to see the City contribute to the cost of the easement since many of
the affected homes were built with the idea that they had legal access via the roadway.
Mattick stated as it relates to adverse possession, in Minnesota a public or private entity or individual
cannot have adverse possession of government-owned property regardless of the use the property has
been put to. Mattick stated he is not totally familiar with the City’s permit review that is done at the time
of an application, but that to his understanding the City does not do a thorough review at the time a
building permit is issued to determine who has rights to the driveway or road.
Prueter inquired whether there would be some responsibility on the part of Orono to do such a review
prior to granting a permit.
Mattick stated he is not sure where the responsibility would lie on that. Mattick stated the primary focus
of the application would have been to look at the structure and the City typically would not do a title
search on what appears to be a public road that has existed for a number of years.
White noted there is an alternate corridor that could be utilized in the event the Dakota Rail ever decides
to use the easement at some point in the future.
Mayor White closed the public hearing at 7:18 p.m.
PAGE 2 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [2 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(4. DAKOTA RAIL CORRIDOR DRIVEWAY EASEMENT – ASSESSMENT HEARING,
Continued)
McMillan inquired whether the City has received any objections from any of the seven property owners.
Moorse stated to his knowledge the City has not received any objections to the assessment.
White thanked the property owners for attending tonight’s meeting and stated he is thankful the situation
has been resolved.
a. ADOPT ASSESSMENT ROLL – RESOLUTION NO. 5638
McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5638, a Resolution Adopting the
Dakota Rail Driveway Easement Assessment Roll. VOTE: Ayes 4, Nays 0.
b. APPROVE ACQUISITION OF EASEMENT FROM HENNEPIN COUNTY
McMillan moved, Rahn seconded, to approve the acquisition of the driveway easement from the
Hennepin County Regional Railroad Authority at a cost of $84,875.00. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS – JAYE ANN ZULLO, REPRESENTATIVE
Jaye Ann Zullo stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN
MILBRATH, 1404 BALDUR PARK ROAD – VARIANCE
John Vogstrom, Vogue ICF Homes, was present.
Turner stated the applicant is requesting lot width and lot area variances. A hardcover variance is also
being requested to allow 16.07 percent hardcover in the south 0-75 foot zone when 0 percent is allowed
and 43.68 percent hardcover in the 75-150 foot zone when 25 percent is allowed.
Council tabled this application on June 11 and directed the applicant to resolve the drainage issues. Those
issues have been resolved. The applicant will create swales along the side property lines from the street
yard to the lake yard. In the lake yard the swales merge toward the center of the lot and continue to the
lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to the west.
PAGE 3 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [3 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH,
1404 BALDUR PARK ROAD, Continued)
Turner stated the design of the house has also been changed since June 11th. Turner stated the roof of the
new design cannot be neatly categorized. The center 12 feet is virtually flat and on either side of the
residence is a pitched roof. There are two shed dormers on each side. The east side has a third shed
dormer located over the stair.
Staff was unclear how to measure the defined height of the property roof. Under the builder’s
interpretation of the City’s building height requirements, he measured the height of the structure at 30 feet
by using the pitched roof definition. If the roof is considered a flat roof, then the defined height (existing
grade to cornice) is 32 feet, which is two feet more than the maximum. If the roof is considered a pitched
roof, then the defined height (existing grade to half-way between the highest point of the roof and the top
of the highest window) is 30 feet. Staff recommends measuring the height of the building as a flat roofed
building. Turner stated height is a way of regulating mass and that the mass of this building is greater
than that of one with a gable roof. The proposed roof is similar to a mansard roof but with gable ends
rather than a pitched roof on all four sides. If this were a mansard roof, the height would be measured to
the flat portion of the roof.
The Planning Commission on April 16, 2007, voted 5 to 1 to recommend approval of the variances
subject to the house being moved south to comply with the average lakeshore setback. The applicant has
revised the site plan and now satisfies this condition.
The new design includes four more dormers than the prior design, which does not comply with the
direction given to the applicant by the Planning Commission. The original design included dormers and
all but the one dormer over the stairway were removed at the request of the Planning Commission to
reduce the mass of the building. Staff recommends the applicant return to the prior design.
Bremer requested the language on page two of the Planners Report regarding the change that is needed to
satisfy the definition of half-story be clarified.
Turner pointed out the dormer over the center of the house and noted that the maximum height of a side
wall can only be three feet. In order to be defined as a half story, the side wall can only be three feet. The
proposed wall is six feet, which would need to be lowered.
Bremer inquired whether the plans satisfy the other requirements of the half-story ordinance.
Turner stated it does.
Rahn commended Staff for their review of the hardcover on this lot and the neighborhood, and that he
would not be opposed to the lot area, lot width, and hardcover variances. Rahn stated he is not in favor
of the style of the house given the amount of massing on the site. Rahn stated in his opinion the height
should be measured from the flat area of the roof.
Bremer inquired why this is not considered a fancy mansard roof.
Turner stated technically a mansard roof has to have the pitch of the roof going all the way around it and
that technically this is not a mansard roof.
PAGE 4 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [4 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH,
1404 BALDUR PARK ROAD, Continued)
Rahn stated technically a mansard roof has two slopes on top. Rahn commented the structure has the
appearance of a three-story house given the style of the roof.
McMillan stated in her opinion it is a flat-roofed house, and as such, it is too high and does not meet the
City’s height limit.
White concurred that the style of the roof does add to the massing. White noted the applicant was
directed by the Council to reduce the hardcover to less than 35 percent, which has not been done.
Vogstrom noted the house has been pushed back five feet further from the lake, which only eliminated 40
square feet of hardcover out of the driveway. Vogstrom noted the size of the footprint is minimal at 1805
square feet and that he has attempted to reduce the hardcover as much as possible. Vogstrom commented
he has attempted to comply with the City’s directions but that he is limited with what he can do.
Vogstrom noted the center dormer is over a stairway and that he needs the six-foot side wall to allow
access to that story. Vogstrom indicated he would be willing to reduce the size of the other dormers and
look at lowering the roof.
McMillan stated the design of the structure is up to the applicant and that the Council has given the
applicant direction on what they would like to see as it relates to hardcover and massing.
Bremer noted there is another house in the City that had a similar problem with the dormers and that their
stairs were located more in the middle of the house rather than on the outside.
Rahn stated he would like to see some changes from the fascia to the peak of the roof. Rahn stated it is
apparent that the applicant wants to max out the upper level, which adds to the massing.
Vogstrom stated he would revise his plans to better comply with Council’s direction.
Bremer thanked the applicant for resolving the drainage issues.
Rahn stated in his opinion the two 0-75 foot zones does create a hardship on this lot.
Vogstrom noted the lake is on both sides of the property, which does create a hardship.
White inquired whether a patio is planned for the one end of the house.
Vogstrom stated there is not and that those are simply two picture windows.
Bremer commented that massing on a lot creates a lot of issues ranging from visual impact to water runoff
and that the applicant will need to look at how to reduce the mass of the structure.
Rahn moved, McMillan seconded, to table Application #07-3266 Vogue ICF Homes on behalf of
Karen and Benjamin Milbrath, 1404 Baldur Park Road. VOTE: Ayes 4, Nays 0.
PAGE 5 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [5 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH,
1404 BALDUR PARK ROAD, Continued)
Jeff Uklu, 1416 Baldur Park Road, noted this is the third meeting he has attended with regard to this
application and that in his view the builder has not addressed the issues adequately.
Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for their efforts on the other two houses on
Baldur Park Road that were constructed recently and encouraged the builder to take a look at those homes
and attempt to construct a house that is similar in character to those two homes.
Bremer stated this house is allowed 1500 square feet or 15 percent lot coverage, whichever is greater, and
on this lot the builder would be entitled to 1850 square feet. Bremer noted this proposed house is 1805
square feet.
Kristie Anderson, 1408 Baldur Park Road, thanked the builder for his efforts to address the drainage
issues and noted that the builder did reduce the hardcover slightly. Anderson noted the Planning
Commission did request the applicant eliminate the dormers, but commented that the dormers are now
bigger than ever.
6. #07-3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE –
VARIANCES
John Vogstrom, Vogue ICF Homes, was present.
Turner stated the applicant is requesting lot area and lot width variances to allow construction of two new,
identically sized residences on adjacent lots. In addition, the applicant is also requesting a hardcover
variance of 29 percent in the 75 to 250 foot zone when the maximum is 25 percent.
On June 11th, the City Council tabled the application to allow further correction of the grading/drainage
plan and separation of the driveways to reduce hardcover. The grading/drainage plan is now acceptable
to the City Engineer. The driveways have been separated.
Turner noted the minutes from the prior hearing indicate that she used the phrase “shared driveway”,
which created the false impression that separating the driveways would reduce hardcover by 125 square
feet. The surveyor indicates there is no reduction in hardcover by separating the driveways. The shared
portion of the driveways was only 12 feet wide and the individual portions of the driveway had to be
enlarged to provide maneuvering room. Turner stated in order to accomplish the reduction in hardcover
that she referred to, what would be required would be to redesign the house so the garage is basically
straight on, which would result in a reduction in the amount of hardcover.
Turner noted a table is included in the Planner’s Report regarding possible hardcover reductions.
The Planning Commission voted 5 to 0 to recommend approval of the lot width and lot area variances
subject to certain conditions and approval of the hardcover variances.
Turner noted an engineer with Bonestroo visited the site to look at the lakeside retaining wall and deck
system at 1348. The engineer recommends allowing the retaining walls within the 0 to 75-foot zone to
PAGE 6 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [6 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(6. #07-3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE, Continued)
remain and only requiring removal of the steps and decks. It would be difficult to stabilize the slope if the
walls were removed.
Staff recommends approval of the lot width, lot area, and hardcover variances as requested plus additional
hardcover variances for the retaining walls in the 0 to 75 foot zone.
McMillan commented it is more aesthetically pleasing to not have the garage facing the street.
Vogstrom stated the problem is that the house cannot be located any closer to the road because the garage
is already located two feet below the road and the slope for the driveway would become too steep.
Vogstrom stated he was directed by Staff to attempt to keep the hardcover below 30 percent but that he
would look at whether he is able to reduce the hardcover any further.
Denny Walsh, 1354 Rest Point Circle, stated there were three items that the builder was directed to
address, which included the drainage, the driveway, and hardcover. Walsh stated he has a concern
relating to the number of homes in the neighborhood that are likely to be torn down in the future. Walsh
noted the house at 1342 is currently for sale and will be torn down and that there are four other homes in
the neighborhood that will likely be torn down in the future. Walsh commented the new homes on those
lots would be compared to these two lots and expressed concern that the hardcover in excess of the 25
percent limit on these lots would become the new norm for the neighborhood.
Deanne and Mark Altenhofen, 1342 Rest Point Circle, addressed the City Council regarding this
application. Mrs. Altenhofen noted her main concern relates to the drainage and that her assumption is
that the City Engineer has reviewed all of those issues since he has approved the drainage and grading
plan. Currently their property does not have any drainage issues. As it relates to the massing, Mrs.
Altenhofen indicated she is in agreement with Denny Walsh that the massing on the lots in this area will
continue to creep up.
McMillan inquired whether there are docks currently located at these lots.
Mrs. Altenhofen stated it is her understanding there would be a lift.
Mr. Altenhofen expressed a concern regarding the runoff.
City Engineer Kellogg demonstrated the flow of the runoff as proposed, noting that the water is being
directed down some swales and should not flow onto the neighboring property. Kellogg noted the
applicant is limited in what he can do with the drainage as it gets closer to the shore given the steep slope.
Kellogg stated the velocity of the water would be reduced by the swales as it flows closer to the shoreline.
Rahn inquired why the slopes are being sloped out rather than in.
Kellogg stated he would need to look at more detailed plans to determine whether they could be sloped
the other way.
Bremer expressed a concern that the City is looking at these two lots combined for the drainage rather
than requiring each lot to control its own runoff.
PAGE 7 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [7 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(6. #07-3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE, Continued)
Kellogg stated it is beneficial that the two lots are being developed at the same time because it allows the
swale to be centered down the two properties.
Turner noted the swale would also be located within an easement, which would prohibit the property
owners from altering the swale.
David Boise, 1360 Rest Point Circle, stated he can attest to the large amount of water that comes down
the hill but that he feels his runoff concerns have been handled. Boise expressed a concern regarding the
massing on the lot.
Vogstrom stated the homes that are being proposed are not large homes and only have a small two-car
garage. Vogstrom noted that both homes are two and a half feet lower than the road, which helps to
reduce the appearance of massing.
McMillan inquired whether these two homes are identical on the exterior.
Vogstrom stated they are two different style homes with different interior layouts. Vogstrom noted the
only similarity is the angled garage on each home.
Turner noted the two homes also have different rooflines.
Vogstrom stated he would take care to make sure that the two homes are not too much alike and pointed
out that the dimensions of the homes are different.
Denny Walsh stated at the last City Council meeting one of the issues is the amount of hardcover, which
has not been addressed.
White stated the Council would be discussing that issue in a few minutes.
McMillan inquired about the docks.
Vogstrom stated there are docks currently located on the properties and that there will probably be two
lifts installed. No final decision has been made on that item.
Turner stated currently each lot has a set of steps and that both sets of steps are currently unsafe and
would need to be replaced.
McMillan expressed a concern that docks will be installed at some point in the future as well as a deck
and a platform. McMillan stated she would like that issue clarified now rather than having to address it at
some point in the future.
Turner staed 1348 has a set of wood steps which are decrepit and could be replaced according to city
code. The steps at 1350 are a little more problematic because they shift over and are somewhat built in the
slope. The decks at 1350 will need to be removed.
Vogstrom stated he is willing to install a lift on each property and remove the steps.
PAGE 8 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [8 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(6. #07-3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE, Continued)
Turner inquired whether the City could restrict the construction of steps if there is a lift installed.
Mattick stated the City can restrict the steps since this is a variance.
Bremer stated to her knowledge the lift companies always install a set of side steps in the event of a
power outage.
Curtis stated another option would be a generator.
Bremer stated she is in agreement with the separate driveways.
Vogstrom stated he did look at the separate driveways and that they could put a small grassy area in
between the two driveways.
Rahn inquired whether the slope has already been reduced.
Vogstrom stated it has been. Vogstrom stated he will look at reducing the hardcover further.
Bremer stated she would like to see the hardcover reduced to at least 26 percent.
Rahn stated he did not anticipate a great deal of reduction in the hardcover because of the separation of
the driveways.
Turner noted one percent equals 90 square feet and that to get to the 25 percent hardcover, the size of the
house would need to be reduced. Turner pointed out the footprint for the house on 1350 is 1344 square
feet and the garage is minimal.
Bremer commented she does not see a hardship for the hardcover variance.
Vogstrom stated straightening out the garage and reducing the driveway would not result in that great of a
reduction in the hardcover.
Turner inquired how high the driveways could be raised.
Gaffron stated the garage could be raised a foot but it would result in the slope being over ten percent.
Vogstrom stated the garage at 1348 is set two feet below the elevation of the road, which makes it
difficult to raise the driveway.
Turner stated if the garage is pulled in closer to the slope, it would become less of an issue. Turner
illustrated the bottom of the slope on the overhead and noted that the garage could possibly be raised a
foot.
Walsh stated in terms of the garage, the applicant is allowed two car garages on each lot and that he was
only allowed one two-car garage on his one lot, which equals the size of these two lots.
PAGE 9 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [9 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(6. #07-3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE, Continued)
McMillan noted each one of these lots is considered buildable by the City and that they are entitled to a
garage.
White recommended the hardcover be reduced to 27 percent.
McMillan noted both lots are below the structural coverage limit.
Vogstrom stated he will create a footprint for the first floor and that he will reduce the hardcover as best
he can.
Turner stated there is a basement being proposed with two stories on both lots and that the second story
wall is not a full height wall.
McMillan inquired how high the structures are.
Vogstrom stated they are at the 30 feet height maximum.
Turner noted the height of the structure is being measured from below street level.
Vogstrom reiterated he will reduce the hardcover as best he can.
Rahn moved, Bremer seconded, to table Application Nos. 07-3280 and #07-3281, Vogue ICF
Homes, Inc., on behalf of Tom Parker, Inc., 1348 Rest Point Circle and 1350 Rest Point Circle.
VOTE: Ayes 4, Nays 0.
*7. #07-3284 SHARRATT DESIGN ON BEHALF OF TOM AND KRISTEN RITCHIE, 2507
KELLY AVENUE – VARIANCES AND CONDITIONAL USE PERMIT – RESOLUTION NO.
5639
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5639, a Resolution Granting
Variances and a Conditional Use Permit for the Property Located at 2507 Kelly Avenue.
VOTE: Ayes 4, Nays 0.
8. BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY AVENUE –
VARIANCE
Benjamin Sachs, Applicant, was present.
Turner stated the applicant is requesting a hardcover variance to allow 36.78 percent hardcover in the 75
to 250 foot zone when 38.16 percent exists and 25 percent is allowed. The variance would allow the
applicant to enlarge and connect the two lakeside decks.
PAGE 10 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [10 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(8. BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY AVENUE,
Continued)
The Planning Commission recommended denial based on the applicant’s unwillingness to redesign the
proposal to reduce the amount of hardcover by removing the weed control fabric, reducing the size of the
driveway, and reducing the size of the deck.
Staff also recommends denial of the application.
Sachs stated he has been a practicing engineer for almost half a century and that the net gain that he is
asking for is a 104 square foot addition to the existing footprint. Sachs noted he did submit a letter
outlining his positions.
Sachs stated at the time he purchased the property, it had a 38 percent footprint. Sachs stated his wife has
had a recent hip replacement and that it is very difficult for her to work. In order for her to access the
deck, it is necessary for her to go all the way around the house.
Sachs stated apparently there is 1800 square foot of plastic around the house, which is considered
hardcover by the City. Sachs stated he did not realize how important hardcover is and that he did not
understand everything that was said at the Planning Commission meeting. Sachs stated he is asking the
Council to use some common sense in considering this application and that he is ready to remove the
1800 square feet of plastic but that he would like to retain his driveway since his driveway in his view is
difficult to maneuver because of the angle and the boulder wall. Sachs noted the hardcover on the lot
would be reduced from 38 percent to 36 percent.
White stated 190 feet is not a large number but given the size of the footprint, a further reduction in
hardcover should be made.
McMillan inquired whether the landscape fabric is included in the hardcover numbers.
Bremer noted the City does not include landscape fabric in the hardcover calculation but that they
routinely request property owners to remove it.
Turner stated normally landscape fabric is not included in the hardcover calculation but that in this case
the fabric is included in the hardcover numbers because it is such a large amount. Turner stated the
original proposal reduces the hardcover to 33 percent. Turner stated the driveway and the weed control
fabric, which existed at the time the home was constructed, constitute a large amount of the excess
hardcover.
Rahn inquired what square footage of deck the applicant is proposing to add.
Sachs stated the deck is elevated so there are no problems with water issues and that he would like to
double the size of the deck. Sachs noted the added deck would be over existing hardcover.
White stated he does not have a major problem with the proposal because it improves the overall
hardcover on the lot and it allows access to the deck for the applicant’s wife, who is handicapped.
McMillan inquired whether the deck can be accessed from the kitchen.
PAGE 11 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [11 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(8. BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY AVENUE,
Continued)
Sachs stated it can be accessed from the inside of the house. Sachs noted the front deck does not have
enough room for a chair.
McMillan stated the front deck is a separate issue. McMillan commented she would be willing to
consider an expansion of the bedroom deck but that the applicant appears to be more interested in
connecting the two decks. McMillan stated she is not in favor of the large deck being proposed.
Rahn stated he is in agreement with Council Member McMillan and that the City typically starts with the
removal of the fabric when attempting to reduce the overall hardcover on a lot. Rahn noted the size of the
deck would be 58’ x 12’.
Curtis stated normally applicants’ hardcover calculations show landscape and fabric on the hardcover
sheet and that Staff removes that from their calculations. Curtis stated every applicant is required to
remove the landscape fabric from their hardcover numbers so they are not rewarded for showing a net
removal of that amount. While the applicant has a large amount of landscape fabric, if the Council would
like to include that as a net reduction, there is a policy resolution in place that requires Staff to show that
net reduction.
Bremer inquired whether the hardcover can be reduced anywhere else on the property.
Turner stated she is basically presenting what the applicant is requesting.
Bremer stated there is no reduction being proposed other than the removal of the plastic.
Turner stated City’s policy requires the removal of the fabric and that the applicant’s initial proposal was
that he would remove all of the landscape fabric, which was later changed to 400 square feet. Turner
stated one of the reasons why Staff is recommending that this application not be approved is because the
City could legally order the removal of the landscape fabric today.
White inquired whether the deck would go over the solarium.
Sachs stated it would be going over the solarium.
Turner stated the applicant is adding 300 square feet of deck, with a portion of the deck being placed over
rock and plastic.
Sachs commented the purpose of the hardcover regulations is to address runoff and that removing the
plastic would help that.
McMillan stated the plastic should not be there to begin with.
Gaffron stated the hardcover limitations basically are in place to protect the lake and to allow the water to
soak into the ground. The rock and plastic technically do not allow the water to soak into the ground.
Bremer inquired how wide the driveway is at its narrowest point.
PAGE 12 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [12 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(8. BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY AVENUE,
Continued)
Turner stated it is wider than 12 feet but that there is a boulder wall along a portion of the driveway that
makes it difficult to maneuver. Staff would not recommend narrowing the driveway in that area and that
the driveway area up by the house also cannot really be reduced. Turner stated it would be difficult to
reduce this property to 25 percent.
White recommended the size of the deck be reduced.
Sachs stated he would like to replace the rotten wood at the same time he connects the two decks and that
if he is not allowed the full deck, he would not be going forward with the project. Sachs stated he is not
able to reduce the driveway up by the garage because he would not be able to access the garage if the
turnaround is reduced.
Rahn stated the two decks could be connected with a smaller amount of hardcover.
Sachs stated he currently does not have room on his decks to entertain.
White noted it appears that the vote right now is possibly two to two and that it might be best to wait until
the next council meeting to vote on this application when they have a full council present.
Bremer recommended the applicant consider in the meantime reducing the size of the deck.
Rahn moved, Bremer seconded, to table Application #07-3290, Benjamin Sachs for DRK Family
Association, 2523 Kelly Avenue. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Mayor White noted there will only be three council members present on August 27th.
9. PROCLAMATION – NATIONAL NIGHT OUT – RESOLUTION NO. 5637
White noted National Night Out is scheduled for August 7, 2007.
Bremer recommended Staff put together an informational kit for distribution to the residents on how
neighborhoods can participate in this event.
McMillan moved, Bremer seconded, to adopt RESOLUTION NO. 5637, a Resolution Proclaiming
National Night Out 2007. VOTE: Ayes 4, Nays 0.
CITY ENGINEER’S REPORT
McMillan inquired whether there is a better way to patch the roads.
PAGE 13 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [13 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
(CITY ENGINEER’S REPORT, Continued)
Kellogg stated from a cosmetic perspective, they could blade patch it and then seal coat it so it has a
uniform color on the surface, which would add some expense to it. Kellogg indicated a motor grader is
on the wish list for the Public Works Department but that it probably will not improve the issues with the
patching.
Bremer stated one of the issues is that the patching is done while a large number of people are on the
roads.
Kellogg stated he is unaware of anything that is as cost effective as blade patching.
McMillan suggested the City consider upgrading its patching somewhat.
Kellogg stated another option would be to mill and overlay the road but noted that is an even more
expensive process.
Moorse questioned whether an overlay would work without the mill.
Kellogg stated if the cracks are not seal coated at the time they do the overlay, the cracks would reflect
back through the new surface after a short period of time and it would be a short-term fix.
CITY ADMINISTRATOR’S REPORT
*10. ACCEPT RESIGNATION OF POLICE OFFICE MANAGER ANNE OTTO
Bremer moved, McMillan seconded, to accept Anne Otto’s resignation effective July 6, 2007.
VOTE: Ayes 4, Nays 0.
*11. REQUEST TO PROMOTE JESSICA WERDER TO OFFICE MANAGER
Bremer moved, McMillan seconded, to promote Jessica Werder to the position of Police Office
Manager at the rate of $19.80 an hour (Step 3). VOTE: Ayes 4, Nays 0.
12. RESTRUCTURING OF PLANNING & ZONING DEPARTMENT
White moved, Bremer seconded, to table Item No. 12, Restructuring of Planning and Zoning
Department. VOTE: Ayes 4, Nays 0.
*13. METRO TRANSIT PARK AND RIDE GRANT APPLICATION – RESOLUTION NO.
5640
Moved, seconded, to adopt RESOLUTION NO. 5640, a Resolution in Support of the Metro Transit
Application for a Congestion Mitigation and Air Quality Grant for a Park and Ride Facility at the
Southwest Quadrant of Highway 12 and County Road 6. VOTE: Ayes 4, Nays 0.
PAGE 14 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [14 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 9, 2007
7:00 o’clock p.m.
_____________________________________________________________________________________
CITY ATTORNEY’S REPORT
None
*14. LICENSES & PERMITS
SPECIAL EVENT
1. Applicant: Minnetonka Community Education/Tim Litfin
Event: Tour de Tonka (bike touring event)
Location: Lake Minnetonka area
Date: Saturday, August 4, 2007
Time: Begins at 7:30 a.m. at Deephaven Education Center
2. Applicant: Alicia Northey
Event: Wedding Reception and Music
Location: 998 Wildhurst Trail
Date: Saturday, July 14, 2007
Time: 7:00 p.m. – Midnight, music from 8:00 p.m. – Midnight
Bremer moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0.
*14. BILLS
Bremer moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes
4, Nays 0.
ADJOURNMENT
Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting of July 9, 2007, at
9:45 p.m. VOTE: Ayes 4, Nays 0.
ATTEST:
______________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
PAGE 15 of 15
Item #02 - CC Agenda - 07/23/07
Approval of Counil Minutes April 9, 2007 [15 of 15]
Item #03 - CC Agenda - 07/23/07
2006 Comprehensive Annual Finacial Report [1 of 1]
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Item #11 - CC Agenda - 07/23/07
Restructuring of Planning & Zoning Department [Page 1 of 1]
Item #12 - CC Agenda - 07/23/07
Part-Time Community Service Officer Pay Rate [Page 1 of 1]
Item 13 - CC Agenda - 07/23/07
Accept Resignation of Sergeant James Morowczynski [1 of 2]
Item 13 - CC Agenda - 07/23/07
Accept Resignation of Sergeant James Morowczynski [2 of 2]
Item #14 - CC Agenda - 07/23/07
Recognition of Sergeant James Morowczynski - Resolution [1 of 2]
Item #14 - CC Agenda - 07/23/07
Recognition of Sergeant James Morowczynski - Resolution [2 of 2]
Item #15 - CC Agenda - 07/23/07
Accept Donation [1 of 2]
Item #15 - CC Agenda - 07/23/07
Accept Donation [2 of 2]
Item #16 - CC Agenda - 07/23/07
Request to Hire Police Officers [1 of 1]
Item #17 - CC Agenda - 07/23/07
Replacement of Dehumidification Unit In Navarre Water Treatment Plant[1 of 1]
Item #18 - CC Agenda - 07/23/07
Licenses & Permits [1 of 3]
Item #18 - CC Agenda - 07/23/07
Licenses & Permits [2 of 3]
Item #18 - CC Agenda - 07/23/07
Licenses & Permits [3 of 3]
Item #19 - CC Agenda - 07/23/07
Bills [Page 1 of 9]
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Bills [Page 7 of 9]
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Bills [Page 8 of 9]
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Bills [Page 9 of 9]