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Home My WebLink About08-13-2007 Council Packet PUBLIC ATTENDANCE 1VIEETiNG DATE U � � _ O � � COUNCIL ❑ PLANNING COMMISSION PLEASE FILL OUTTHE INFORNIATION REQUESTED ❑ PARK COMMISSION BELOW FOR OUR C1TY RECORDS. ❑ OTHER PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUiVIBER . i. �� in G�'��ss 7/�' 5�� I�a�c�- v� —�� 2. �ti�.e.,.,�-1�� . ��a o� ��k A ,�i�� - 3. � r r ° � 1��r '�M r �l U lU��Di�, �� 4. L u!) � �'/1..�/" e ��r� i,,z oc,,C, �Pr��'��%7 r,,E,1Z�� /'^ �`/ s. �.� .l��A �.:��..�� 3`� � � �z �'u�► i � ��z.�,� .�v M P�s �i�r, # �- 6.��li�vri ��h� �S �olc;,,�a li. � L (.._._ /�e�.�� -w-�,...t-- �� p �.�,`1 `M`' �=�-� -�s C��..�s. 2� �� s. 9. 10. 11. 12. i�. 1�. 15. � ��".AJwini�crnti�c$uppnrY�.l I urm,f.Public:\ItenJ:wccn��pd Agenda for Council Meeting Set for Monday, August 13, 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 23, 2007 Presentation 2a. Presentation by Denny Eyler Regarding Wayzata Boulevard and Highway 12 Roundabout Planning Commission Comments – Michelle Winer Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 3. 07-3266 Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldur Park Road – Variance – Resolution * 4. 07-3280/ 07-3281 Vogue ICF Homes, 1348 and 1350 Rest Point Circle – Variances – Resolutions * 5. 07-3300 John and Lois O’Malley – 290 Woodhill Road – Subdivision, Lot Line Rearrangement – Resolution * 6. 07-3302 Minnehaha Creek Watershed District – 1570 Sixth Avenue North – Subdivision, Preliminary Plat – Resolution * 7. 07-3304 K.C. Chermak with Pillar Homes on behalf of Chris and Heidi Hedberg – 3940 Watertown Road – Variance – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 8. Curbside Recycling Contract 9. Accept Donation for Police Department 10. Request for Payment No. 2 – Fox Street and Ferndale Road Bridge Replacements 11. Request for Payment No. 1 – 2007 Seal Coat Project 12. Request for Payment No. 1 – TH12/Old Crystal Bay Road Water Main Improvements Agenda for Council Meeting Set for Monday, August 13, 2007, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 13. Request for Payment No. 1 and Change Order No. 1 – Farview Sanitary Sewer Project City Attorney's Report 14. Licenses & Permits Annual Trap Shooting Garbage Haulers Special Event * 15. Bills Upcoming Issues and Events 2007 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. 09/05 - Planning Commission Work Session, Wednesday, 5:30 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 23, 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, Jim Murphy, 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. 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 and 12 – 18 were added to the Consent Agenda. Murphy moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JULY 9, 2007 Murphy moved, Rahn seconded, to approve the minutes of the July 9, 2007, Regular City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT – KEN MALLOY Ken Malloy, City Auditor, addressed the City Council regarding the City’s 2006 audit and comprehensive annual financial report. Malloy stated they have found the City’s accounting statements to be in compliance with accounting standards and have found no incidents of noncompliance with federal laws. The audit did reveal a minor issue with a state law concerning social events held by the City on behalf of the employees. Malloy noted the state law in that regard has changed slightly and that those types of events are acceptable. In addition, the audit also found that some of the receipts received were being held by the City for four to seven days prior to being deposited and that their office would recommend City Staff make their deposits on a more frequent basis. Malloy recommended the City’s audit be done earlier in the year. Malloy stated the City of Orono continues to have a low tax rate and noted that this year it is at 15.3 percent, which is approximately half of the average tax rate in the seven county area. Malloy noted the City receives very little state revenue and that the City’s overall financial condition is very good. Malloy stated their auditing procedure will be changing slightly for next year and they will be taking a closer look at the City’s internal controls. PAGE 1 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 1 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (2006 Comprehensive Annual Financial Report, Continued) White noted the City’s tax capacity is the lowest in Hennepin County. White stated he did review the change in the state law regarding employee events and that the state has basically said that those types of events are okay. McMillan inquired whether there are any guidelines available for division of staff responsibilities for a city of this size. Malloy stated they do have some guidelines and have provided that information to Staff. Malloy noted they also look at division of duties during the audit. The City Council took no formal action on this matter. 4. PLANNING COMMISSION COMMENTS – DICK KROEGER, REPRESENTATIVE Mr. Kroeger stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT 4. #05-3143 DAN HESSBURG, 774 TONKAWA ROAD – REVIEW UNAPPROVED GRADING Dan Hessburg, Applicant, was present. Curtis stated in 2005, the applicant submitted plans and worked through the variance review process, revising plans in response to Planning Commission concerns. Based on a specific set of building plans and site plan which the Planning Commission and Council found acceptable, lot area and lot width variances for a house were granted in addition to a hardcover variance within the 75-250 foot zone permitting 27.2 percent hardcover where 25 percent is normally allowed and within the 250-500 foot zone to allow 459 square feet or 45 percent where 30 percent is normally allowed for the new residence. During the inspection process, the City’s building inspector noted that the site grading did not match the approved grading plan and the hardcover exceeded approved levels. Additionally, the applicant conducted grading within the 0-75 foot zone to construct an unpermitted lake access stair. The as-built plan reflects excesses in hardcover within the 0-75 foot zone, the 75-250 foot zone, and the 250-500 foot zone. Within the 0-75 foot zone, there was an existing wooden staircase, and in its place has been constructed a stone staircase, which accounts for 360 square feet of hardcover, along with an undetermined amount of earth movement. PAGE 2 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 2 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#05-3143 Dan Hessburg, Continued) Within the 75-250 foot zone, there is 30.3 percent hardcover where 27.2 percent was permitted. Additionally, the applicant constructed a wooden fence along the northern side lot line. This fence meanders across the property line. City Code allows construction of privacy fences without a permit but the fence must be constructed on one property and may not cross onto another. The applicant altered the approved grading plan by conducting unpermitted grading, installing unpermitted boulder retaining walls, and installing an unpermitted underground drain-tile system. The City’s Engineer has reviewed the plans submitted by the applicant’s landscape contractor regarding the drain tile system and those comments are reflected in Exhibit C of the Staff memo. Planning Staff recommends the applicant be referred back to the Planning Commission for after-the-fact consideration and approval of the excess 380 square feet total site hardcover. McMillan inquired whether the 75-250 foot hardcover excess is the boulder walls. Curtis stated to her understanding the hardcover excess is a result of the boulder walls. White inquired whether the City Engineer has visited the site and reviewed the drainage. Kellogg stated he has visited the site and that the biggest concern is that the drainage plan does not match what was approved. Kellogg noted Exhibit C outlines his concerns and that the main concern is that the site would be able to accommodate a total rainfall depth of 0.8 inches. Kellogg stated an additional conveyance system, like the previously approved swales, will be necessary to convey the excess runoff from storms larger than 0.8 inches. White inquired how the fence got constructed on the neighbor’s property line. Hessburg stated he did not construct the fence and that his neighbor actually constructed the fence three feet into his property. Hessburg stated he did remove the fence thinking that it was his fence since it was on his property and that he did reimburse the neighbor for the materials after he found out that the fence was actually not his. Hessburg stated he was unaware that the City required a permit for the underground tiling system. Hessburg stated they realized after final grade had been achieved that they had a problem with water retention and that a four-inch drain tile system was installed for approximately 300 feet. According to his calculations, it would accommodate 20 percent hardcover. Hessburg noted 80 percent of the runoff goes into the drain tile system. Hessburg stated he did not realize he needed to obtain a conditional use permit for the staircase and that the boulder walls were constructed to help control the runoff into the lake. Hessburg stated the four interceptors on the gutter system should probably be screened to help ensure that the runoff goes into the drain tile system. Hessburg noted there have been some letters submitted from the neighbors, Mr. Okerstrom and Todd and Terri Haugan, indicating they do not have any problems with the work performed on the property. Hessburg stated he attempted to make his property safe and handle the runoff appropriately. PAGE 3 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 3 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#05-3143 Dan Hessburg, Continued) White noted the entire retaining wall was not depicted on the original plan. Hessburg stated a portion of the retaining wall was pre-existing but that the section of the retaining wall that is over four feet was constructed later. Curtis stated the approved drainage plan does not depict any retaining walls. Hessburg stated he could remove a portion of the retaining wall where it is lower and regrade the property but that the higher portion of the wall should remain to help control the runoff. Hessburg stated the City’s Code requires that they start at existing elevation and that the actual final elevation was higher than the proposed elevation. Hessburg commented he is unsure how that occurred. Rahn inquired whether the house was constructed at the proper elevation. Hessburg stated the elevation of the floor was built to exactly what was proposed on the plan. Rahn stated if the house were constructed as depicted, it should have been obvious that a boulder wall would be required. Kellogg stated what is missing from the grading plan are the evergreen trees, which prevent the slope from being graded unless the trees are removed. Hessburg concurred they would have had to have removed those trees if they did it as proposed. Murphy commented he is unsure how anyone could have anticipated where the final grade would come out and that he is not sure where the responsibility lies for that. Murphy stated there is no way that this house could have been built at the elevation proposed without some type of retaining wall between the two properties. Murphy stated the house is sitting at least four feet below where it should be in comparison to the neighbor. Hessburg stated they followed the approved grading plan and that they had to start from existing grade, which created a problem with the driveway. Hessburg stated he does not know why the City’s ordinances require that they start with existing grade. Murphy stated he does not know how this house could have been constructed four feet lower than the neighbor’s. Hessburg stated even if the house were constructed four feet higher, they would have the same problem on the other side. Gaffron inquired whether the house had to be placed at a certain elevation in order for the lower level to be considered as a basement rather than a story. Curtis stated it is not a matter of Staff telling the builder at what elevation his house has to be at but a matter of the builder wanting to construct the house to a certain height to meet City Code. PAGE 4 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 4 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#05-3143 Dan Hessburg, Continued) Gaffron stated Staff does analyze every plan thoroughly to ensure that a sufficient amount of the basement is below grade to constitute a basement rather than a story. Gaffron stated the City has seen a number of plans where houses are artificially put into the ground in order to achieve another story. White inquired whether the stairway and landings as built would be in compliance with today’s regulations. Curtis stated the City would have required that the landing not exceed four by four. White stated in his opinion this application should go back to the Planning Commission for their recommendation since it has been changed from what was approved. Murphy concurred that this application should go back to the Planning Commission. Murphy noted that the minutes reflect a discussion regarding impervious pavers and hardcover and that the applicant should have been aware of that issue. Hessburg stated the house has been on the market since November and that he does have somebody who is interested in purchasing the property and wants to close on the property on August 15th. Hessburg inquired whether he could obtain an occupancy permit for the new owner to move in. City Attorney Mattick stated the issue here relates to drainage and that he does not believe the City has held up issuing a certificate of occupancy because of drainage issues. Mattick stated the new owner should be apprised of the situation. Hessburg stated the interested buyer is an attorney and that he is aware of the situation. Hessburg stated he is unsure what should be done with the boulder wall and that if the wall is removed and regarding is required, it would require the removal of those evergreen trees on the neighbor’s property. Mattick stated it is his understanding there are some additional swales that need to be completed even if the boulder wall remains. Hessburg stated he is unsure whether the City Engineer was aware of the turn-around and the drain tile. Hessburg indicated he is willing to install additional drain tile if necessary. Kellogg stated the drainage that was proposed along the north lot line still needs to be constructed lakeward of the home. Rahn inquired whether the City Engineer relies on a gutter system as the primary means of handling runoff or whether they like to see the runoff handled in a different manner. Kellogg stated they need the swales in the event of an emergency and that they did not have the opportunity to inspect the drain tile system at the time it was being installed. Kellogg stated another issue is whether the work can be completed this fall. Murphy stated Exhibit F in the Staff memo shows that the building inspector attempted to get in contact with the applicant and that he did not hear back from him. Murphy questioned why the City should be PAGE 5 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 5 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#05-3143 Dan Hessburg, Continued) mitigating any issues that the applicant has with a potential buyer and that the buyer should be aware of the issues that exist. Mattick stated to his understanding the City would not delay issuing a certificate of occupancy based on these issues and that the unresolved issues would be between the buyer and the seller. Hessburg stated he received that letter in January and he immediately called the City and the landscaper. The City was notified that the landscaper was out of state for three months on another project. An engineer was retained almost immediately but that he was later told he did not need a private engineer and that the City would attempt to resolve the issues through the City Engineer. Hessburg stated he took extra steps to handle the runoff that was created by the hardcover. Kellogg stated his office had been waiting for a significant amount of time for the applicant’s engineer to complete certain work and when that work was not completed, his office offered to complete a portion of the work. Rahn moved, Murphy seconded, to send Application No. #05-3143, Daniel Hessburg, 774 Tonkawa Road, back to the Planning Commission for their review. VOTE: Ayes 5, Nays 0. 5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD – VARIANCE John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present. Turner stated the applicant is requesting a lot area variance, a lot width variance, and hardcover variances. Council tabled this application on July 9th to allow the house to be redesigned to comply with the defined height requirement. The applicant has submitted a revised house design that complies with the height requirement. The Council also requested a summary of hardcover and structural coverage for the 17 properties on Baldur Park Road. The summary is attached as Exhibit G to the Staff memo. Because there were inconsistencies in accounting for the second 0-75 foot zone (street side) on some of the properties, this second 0-75 foot zone has been combined with the 75-250 foot zone to allow an equitable comparison. Six of the 16 properties were granted width and area variances for new houses. All included hardcover variances. A hardcover variance was also granted for a new house on a lot that exceeded the minimum size and width requirements. Five other properties have been granted hardcover variances for additions. The remaining four have not received a permit for work that would change hardcover. The drainage 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 west. PAGE 6 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 6 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#07-3266 Vogue ICF Homes, 1404 Baldur Park Road, Continued) Planning Staff recommends approval of the lot width and lot area variances. The Council should determine if the proposed house plan is acceptable and whether the proposed level of hardcover is acceptable. Vogstrom stated they did remove the posts {columns} on the end of the house and that the house does now meet the height requirement. The stairway has been revised as requested previously by the Council and the grading issues have been resolved. Vogstrom stated the footprint of the house is approximately 1365 square feet, plus the garage, and that the total square footage of hardcover on the lot is approximately 3000 square feet. Vogstrom noted there are other homes in the area that are larger and have more hardcover than what they are proposing. Vogstrom commented they have attempted to comply as best they can with the City’s direction. McMillan inquired how big the dormer windows will be. Hahn stated they are 18 inches high. Turner stated the defined height Staff had used last time was the height of the roof that was flat and that Staff had determined previously that it should be considered a flat roof. The applicant has revised the plans and the home now has a pitched roof, which does meet the City’s height requirement. Hahn stated the new design is based on the City’s new code and does meet the City’s requirements. Rahn stated in his opinion the design of the home tends to increase the appearance of massing on the lot and that he is not in favor of the application. Rahn stated he was more in favor with the original design, a gable roof. Bremer stated the structure does look closer to three stories than two and a half stories but that it does meet the City’s ordinance. Bremer stated the City should perhaps look at revising the ordinance to address this type of structure. Bremer encouraged the applicant to continue to improve the appearance of the house. McMillan indicated she is in agreement with the comments of Council Member Bremer. Charles Reid, 1400 Baldur Park Road, stated the applicant has not reduced the footprint of the house and that the issue is hardcover. Reid asked how the City determines whether 1500 square feet will be allowed or 15 percent. Gaffron stated lot coverage is a limit and not an allowance and that for a lot that is less than 10,000 square feet, the applicant is allowed 1500 square feet, which does not mean that they will receive a hardcover variance for the excess hardcover. Bremer stated it is whichever is less. Reid stated the information on the first and second charts is different and that it really doesn’t mean anything because the laws have changed over the years. PAGE 7 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 7 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#07-3266 Vogue ICF Homes, 1404 Baldur Park Road, Continued) Murphy moved, Bremer seconded, to direct Staff to draft an approval resolution for Application #07-3266, Vogue ICF Homes, 1404 Baldur Park Road, approving the house plan as presented tonight, with the level of hardcover that has been proposed, subject to the condition that the drainage issues are resolved to the satisfaction of the City Engineer. Mr. Milbrath, the property owner, stated he would also like to improve the appearance of the house and that his concern is if they conform to the height and hardcover requirements, whether they have the ability to make a better looking house as long as it is within the City’s requirements. Murphy stated they are able to do that as long as the changes do not require any variances. Turner stated Staff would have to review the plan and that the applicant may have to appear before the Council again if there are significant changes. Milbrath indicated they have redesigned the house a number of times. Turner stated the applicant has three weeks before the next Council meeting to submit changes. Bremer stated the Council is here to look and approve the plan that is before them tonight and that a formal motion approving the resolution would be passed at the next meeting. McMillan stated the applicants could also ask for their application to be heard at a later council meeting if they want to revise their plans but that the Council would like to approve the plan that will actually be built. Betsy Nusbaum, 3480 Baldur Park Road, inquired whether the Council is approving the 35 percent hardcover. White stated the motion is to approve the plans that are before them right now and that the hardcover has not been changed from what was previously proposed. VOTE: Ayes 3, Nays 2, Rahn and White opposed. 6. #07-3280/#07-3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE – VARIANCES John Vogstrom, Vogue ICF Homes, was present. Turner stated the applicant is requesting variances to allow construction of two new, identically sized residences on adjacent lots. The variances being requested include a lot area of 0.33 acre when one acre is required, a lot width of 67 feet when 140 feet is required, and 29 percent hardcover in the 75-250 foot zone when the maximum is 25 percent. PAGE 8 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 8 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#07-3280 Vogue ICF Homes, Rest Point Circle, Continued) On July 9th the Council tabled this application to allow further reduction of hardcover. The applicant has submitted a revised plan that reduces hardcover for 1348 Rest Point from 28.76 percent to 28.08 and reduces the hardcover for 1350 Rest Point from 29 percent to 28.33 percent. The applicant has also indicated they will remove 438 square feet of hardcover from the 0-75 foot zone of 1350. Turner noted the width of the sidewalk has been increased from three feet to four feet and that Staff would like to see the sidewalk reduced back down to the three feet. Turned noted the City has received a written request to extend the review period until the end of September since the packet as published. Rahn requested that in the future Staff separate these types of applications due to the difficulty in following the proposals and revisions for each property. Rahn noted the hardcover in the 0-75 foot zone shows zero and that there should be some type of number in there for the stairway. Turner stated the applicant had indicated that he was going to remove all the hardcover in the 0-75 foot zone, and as Staff looked at the application further, it was determined for 1350 the retaining walls should not be removed. Turner stated the initial proposal was that the hardcover in the 0-75 foot zone would be removed and a tram installed Turner stated the four-foot wide stairs are permitted in the 0-75 foot zone. Rahn stated he would like to see a formal plan on what exactly will be built on the lot in each zone. Turner stated the stairway down to the lake only requires a building permit. Rahn commented he would still like to see a formal plan. Rahn asked if the driveway is an issue. Turner stated the driveway is not an issue and that the applicant made a small reduction in the hardcover by reducing the size of the deck. Staff feels there could be another slight reduction in the hardcover if the width of the sidewalk is narrowed. Staff does not recommend reducing the setback but would consider reorienting the garages. Rahn stated he would not be in favor of locating the house closer to the road. Vogstrom stated he would prefer not to have the 25-foot setback to the street but that he had considered that option as a means of reducing the hardcover. McMillan inquired what type of hardcover would be installed in the 0-75 foot zone. Vogstrom stated there would be two lifts installed, one on each property, which would go down to the lake. Curtis stated they are allowed a maximum four-foot wide stair down to the lake and that generally some type of stairway is incorporated with the lift. McMillan inquired whether any type of dock would be installed. PAGE 9 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 9 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#07-3266 Vogue ICF Homes, Rest Point Circle, Continued) Vogstrom stated they would have a dock. Bremer noted the Planner’s Report indicated that a conditional use permit might be required, particularly for the 1350 property because of slope restoration issues. Turner stated the engineer did state that the retaining walls should be retained to help stabilize the slope and that some minor grading might be needed. White stated he does not feel the hardcover can be reduced any further on either lot. Vogstrom stated the existing hardcover on both lots would be reduced with their proposal. Denny Walsh, 1354 Rest Point Circle, noted this is not a hardship lot and that the applicant was directed to reduce the hardcover to 25 percent. Walsh noted the hardcover has been reduced slightly but still does not meet the 25 percent limit. Walsh expressed a concern these lots would become the new standard in the neighborhood for hardcover. White stated the garage at 23’ x 23’ is the minimum and that he personally does not see how the footprint of the house could be reduced further without moving the house closer to the road. Deanne Altenhofen, 1342 Rest Point Circle, stated she has a concern with the average lakeshore setback and that she does not want to see the house moved closer to the street than is already proposed. Altenhofen asked whether there would be any hardcover in the 0-75 foot zone. Turner stated the hardcover is detailed according to different zones and that different amounts of hardcover are allowed in each zone. Turner stated the property owner is allowed a set of stairs down to the lake and that any amount of hardcover that is approved would be noted in the resolution. Bremer stated Orono is unique to other cities in how they calculate hardcover and that the hardcover is measured in each zone. Murphy noted the City of Orono also requires a further setback from the lake than most other cities. Murphy commented these are not simple applications and that the Council has spent considerable time reviewing this application. David Bois, 1360 Rest Point Circle, noted the applicant has not complied with the 25 percent hardcover direction that was given to him a number of meetings ago. Bois also noted the tram that was mentioned by the applicant has not been included in the plans. Bois concurred that these plans should be separated and each property looked at individually. Vogstrom stated he is willing to move the houses but that he is tired of hearing that they are setting a precedent by being granted 28 percent hardcover. Vogstrom noted the properties on either side of these houses have over 30 percent hardcover. Vogstrom stated in his opinion these two homes fit in with the neighborhood very well and that it is a good project. PAGE 10 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 10 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#07-3280 Vogue ICF Homes, Rest Point Circle, Continued) Rahn stated the Council looked at moving the house closer to the street as a plus since he is not encroaching into the street setback. Murphy commented that most of the issues regarding average lakeshore setback are when people want to build closer to the lake and block the neighbors’ views rather than moving the house closer to the street. Murphy stated there is a possibility that the view from these two homes would be impacted by moving it closer to the street. McMillan inquired whether both homes would be constructed at the same time. McMillan noted this is a very narrow street and suggested that the equipment be parked on the other lot while construction is going on. Vogstrom stated they would be constructing one house at a time. Vogstrom stated they would park most of the trucks off the street during construction of the first house and that they would attempt to limit parking to one side of the street as much as possible. Murphy recommended the applicant follow the advice of Council Member McMillan and utilize the other lot for parking during the construction of these two homes. White stated he is in support of this application based on the design and that he does not see a way for the applicant to achieve the 25 percent limit. McMillan stated she does see some hardship given the size of the lot and that every house needs some functional hardcover such as wide enough driveways and sideways as well as patios. McMillan stated when the City restricts hardcover too much, it encourages property owners to add hardcover without notifying the City. McMillan moved, Murphy seconded, to direct Staff to draft an approval resolution for Applications #07-3280 and #07-3281, with the request that the hardcover that presently exists on 1350 Rest Point in the 0-75 foot zone be calculated, and subject to the plans depicting the approximate location of the lifts for each lot, whether any trees will be removed, and what type of landing areas the lifts will have as far as hardcover. Rahn inquired whether the City has a more recent site plan than the one that shows the shared driveways. Turner stated they do have a more recent plan. VOTE: Ayes 4, Nays 1, Bremer opposed. Murphy concurred that these types of applications be separated in the future. Murphy inquired whether two fees were paid. Turner stated two fees were paid. PAGE 11 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 11 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ *7. #07-3282 SUAD AZHARI TRUST, 1745 FOX STREET – SUBDIVISION – 2ND RENEWAL – RESOLUTION NO. 5642 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5642, a Resolution Granting a Second Six Month Extension to the Effective Period of Final Plat Approval Established Per Resolution No. 5486 as Modified Per Resolution No. 5610. VOTE: Ayes 5, Nays 0. 8. #07-3290 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- 250 foot zone when 38.16 percent exists and 25 percent is allowed. Turner stated there was some confusion at the last meeting regarding the landscape fabric and that the policy adopted by the City in 1997 states that landscape fabric is to be excluded from hardcover calculations in Staff’s report and must be removed prior to the issuance of a building permit if a variance is granted. The applicant is proposing to construct a 390 square foot deck addition that would connect two existing lakeside decks. 200 square feet of the deck addition would be over a landscape bed lined with this fabric, so the increase in hardcover from the deck addition would be 190 square feet. The applicant originally proposed to remove 590 square feet of landscape fabric. White inquired whether the applicant has made any changes to his plan since the last council meeting. Sachs stated he has not, and that he is asking for an extension of his deck so his wife, who is now handicapped, can enjoy their deck. Sachs stated he is willing to remove the landscape fabric and that the City would benefit from the removal of the fabric. Sachs stated last week there was a power failure for a couple of hours and at 11:00 at night the power company came up to his driveway and could not turn around in his existing driveway. Sachs stated he would like to add to his deck and that in his view the extension of the deck is not a big issue compared to the other issues that were heard tonight. White stated the Council routinely asks people to reduce hardcover and to reduce the size of different structures. White noted the use of the deck is limited to only a few months of the year and that the applicant’s unwillingness to reduce the size of the deck makes it difficult to approve the application. Sachs stated his neighbors are not opposed to this project. McMillan stated the driveway is functional hardcover but that a deck addition that basically doubles the size of the deck is not functional hardcover. Sachs stated he understands the Council has to follow the law and that he is asking for a variance. McMillan commented the Council attempts to apply the laws as fair as they can. PAGE 12 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 12 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#07-3290 Benjamin Sachs, Continued) Murphy inquired what would happen to the sun room below the deck if the deck is expanded. Sachs stated it would be covered up but that the solarium is only used in the winter. White recommended the applicant reduce the size of the deck since it does not appear that the plan as proposed will be approved. White concurred that the driveway cannot be reduced and that the reduction in hardcover will have to come from the deck. Murphy stated in his view the deck could be reduced. Rahn stated if the issue is access to the other deck by the applicant’s wife, the deck could be redesigned to accommodate that but that it is unlikely a 720 square foot deck would be approved by the Council. White noted that he voted in favor of the application last meeting because of the removal of the landscape fabric, which Staff has now clarified. White stated that, based on that clarification, he is unable to support the application. Murphy moved, McMillan seconded, to direct Staff to draft a denial resolution for Application #07-3290, DRK Family Associates, LLC, 2523 Kelly Avenue. VOTE: Ayes 4, Nays 1, Bremer opposed. *9. #07-3294 RON DEMSHAR, 2821 CASCO POINT ROAD – CONDITIONAL USE PERMIT (ATF) – RESOLUTION NO. 5643 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5643, a Resolution Granting a Hardcover Variance and a Conditional Use Permit for Reconstruction and Construction of Retaining Walls Within the 0-75 foot Shoreland Zone Per Section 78-966. VOTE: Ayes 5, Nays 0. *10. #07-3299 MIKE BENEDICT/JAMES LOWE, III, 25/105 ORONO ORCHARD ROAD NORTH – SUBDIVISION: LOT LINE REARRANGEMENT – RESOLUTION NO. 5644 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5644, a Resolution Approving a Lot Line Rearrangement for Properties Located at 25 and 105 Orono Orchard Road North. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy stated he attended a portion of the Stone Bay neighborhood meeting prior to the Council meeting and that it was helpful to hear the issues from the neighbors. Murphy stated in his view it would be appropriate to discuss the Stone Bay project at an upcoming council work session. Murphy noted he and the City Administrator met recently with the City Attorney on the sewer and water agreement with the City of Long Lake. PAGE 13 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 13 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (Mayor/Council Report, Continued) Gaffron stated on Wednesday morning he is to be meeting with the bank that holds the letter of credit on Creekside and Long Lake City Staff to discuss the issues that development has with Long Lake over city sewer and water. McMillan noted the Corn Days Parade is coming up soon and suggested the City Council consider participating in the parade in some fashion. CITY ENGINEER’S REPORT City Engineer Kellogg had nothing to report. CITY ADMINISTRATOR’S REPORT 11. RESTRUCTURING OF PLANNING AND ZONING DEPARTMENT Gaffron addressed the City Council regarding the proposed restructuring of the planning and zoning department, noting that the changes are long overdue. Gaffron expressed a concern that he does not have a job description for his new position. Gaffron stated that some level of detailed information needs to be provided to Staff members on the day the restructuring is effective, and that a clear delineation of who is reporting to who is required. Gaffron requested the Council give consideration to the appointment of another staff person to help address the zoning issues. Gaffron requested some definition be given to what interim basis means for Melanie Curtis. Curtis stated she concurs with the comments of Planning Director Gaffron and that she does have a question on what interim exactly means and that there needs to be a further delineation of the duties and responsibilities of each staff person. Bremer noted that Curtis did write her own job description and that there does need to be a job description for Gaffron as well. Bremer stated it might be necessary that Gaffron simply say at some point that that is no longer his job and that someone else will need to handle it. Bremer stated she also is unclear on exactly what interim means and that the City will need to look at the situation over the next few months and consider making some changes if necessary. Bremer stated the term interim is not a reflection on the ability of Curtis to do the job but simply because this is a new situation to the City and staff will be going through a transition period. Murphy stated he does echo the comments already made and that there does need to be better communication at city hall among both staff members and Council. Murphy recommended job descriptions be developed for each position and that Staff and Council will need to work through these issues as they arise. White recommended Staff and Council look at the need for additional help over the next few months and that the restructuring is a reflection of the confidence that the Council has in the current staff. PAGE 14 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 14 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (Restructuring of Planning and Zoning Department, Continued) McMillan thanked Gaffron for his comments and concurred that a job description is very important and the duties of the assistant city administrator need to be definitively spelled out. McMillan recommended a form be developed to be used by Curtis which would help her gain some feedback on how the restructuring transition is going. Murphy stated job descriptions are absolutely necessary for every position but that they do not have to be extremely detailed. Murphy recommended that the Council take action on this item tonight rather than tabling it and have Staff identify the issues that need to be further defined as part of the restructuring. Rahn stated he would like to see a job description developed relatively soon for the assistant city administrator to ensure that everyone is fully aware of the new duties and responsibilities that each person would be assuming. White recommended City Administrator Moorse and Gaffron work on a job description. Moorse stated the assistant city administrator position deals with the strategic issues that have been identified and that the number one priority is the Comprehensive Plan. The other strategic issues will also relate to the Comprehensive Plan. Moorse stated Curtis’s job description includes the duties that Gaffron will no longer be performing. McMillan stated the administrative role of the assistant city administrator should be better defined. Moorse stated the assistant city administrator would fill in for the city administrator when necessary but that the primary duties would be long-term strategic planning. Murphy moved, Bremer seconded, to approve the restructuring of the Planning and Zoning function to create the position of Assistant City Administrator-Long Term Strategy, and Planning and Zoning Coordinator; to place the positions into the pay plan at Level 7 and Level 5 respectively; to place Mike Gaffron into the position of Assistant City Administrator-Long Term Strategy at Step 4 of Level 7; and to place Melanie Curtis into the position of Planning and Zoning Coordinator at Step 3 of Level 5 on an interim basis, effective July 24, 2007. VOTE: Ayes 5, Nays 0. *12. PART-TIME COMMUNITY SERVICE OFFICER PAY RATE Murphy moved, Rahn seconded, to approve the pay rate of $12.00 per hour for the position of part- time community service officer position for 2007. VOTE: Ayes 5, Nays 0. *13. ACCEPT RESIGNATION OF SERGEANT JAMES MOROWCZYNSKI Murphy moved, Rahn seconded, to accept the resignation of Sergeant James Morowczynski effective July 29, 2007. VOTE: Ayes 5, Nays 0. PAGE 15 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 15 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ *14. RECOGNITION OF SERGEANT JAMES MOROWCZYNSKI – RESOLUTION NO. 5641 Murphy moved, Rahn seconded, to adopt RESOUTION NO. 5641, a Resolution Recognizing Sergeant James Morowczynski for his Twenty-Six Years of Dedicated Service to the City as Police Sergeant. VOTE: Ayes 5, Nays 0. *15. ACCEPT DONATION Murphy moved, Rahn seconded, to accept a $400 memorial/donation from the Lau family. VOTE: Ayes 5, Nays 0. *16. REQUEST TO HIRE POLICE OFFICERS Murphy moved, Rahn seconded, to approve the hiring of Eric Pike as a police officer at a pay rate of $23.99 per hour with a start date of August 7, 2007. VOTE: Ayes 5, Nays 0. Murphy moved, Rahn seconded, to approve the hiring of Wilfred (Fred) Vargas as a police officer at a pay rate of $22.57 per hour with a start date of August 8, 2007. VOTE: Ayes 5, Nays 0. *17. REPLACEMENT OF DEHUMIDIFICATION UNIT AT NAVARRE WATER TREATMENT PLANT Murphy moved, Rahn seconded, to accept the quote from Owens Companies in the amount of $17,892, for the replacement of the dehumidification unit at the Navarre Water Treatment Plant. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT None *18. LICENSES & PERMITS GARBAGE HAULERS 1. Blackowiak & Son, Inc., Rolloff Service 1195 Sunnyfield Road North Mound, MN 55364 2. Randy’s Sanitation 4351 U.S. Highway 12 SE Delano, MN 55328 Murphy moved, Rahn seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. PAGE 16 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 16 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ *19. BILLS Murphy moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the meeting at 10:02 p.m. VOTE: Ayes 5, Nays 0. There being no further business, the meeting was adjourned at 10:02 p.m. ATTEST: _________________________________________ ________________________________________ Linda S. Vee, City Clerk James M. 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CC Agenda - 08/13/07 Accept Donation For Police Department [Page 3 of 4] Item #09 - CC Agenda - 08/13/07 Accept Donation For Police Department [Page 4 of 4] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 1 of 7] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 2 of 7] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 3 of 7] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 4 of 7] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 5 of 7] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 6 of 7] Item #10 - CC Agenda - 08/13/07 Payment Request Fox Street & Ferndale Road Bridge Replacements [Page 7 of 7] Item #11 - CC Agenda - 08/13/07 Payment for 2007 Seal Coat Project [Page 1 of 4] Item #11 - CC Agenda - 08/13/07 Payment for 2007 Seal Coat Project [Page 2 of 4] Item #11 - CC Agenda - 08/13/07 Payment for 2007 Seal Coat Project [Page 3 of 4] Item #11 - CC Agenda - 08/13/07 Payment for 2007 Seal Coat Project [Page 4 of 4] Item #12 - CC Agenda - 08/13/07 Payment for TH12/Old Crystal Bay Rd Water Main Improvements [Page 1 of 4] Item #12 - CC Agenda - 08/13/07 Payment for TH12/Old Crystal Bay Rd Water Main Improvements [Page 2 of 4] Item #12 - CC Agenda - 08/13/07 Payment for TH12/Old Crystal Bay Rd Water Main Improvements [Page 3 of 4] Item #12 - CC Agenda - 08/13/07 Payment for TH12/Old Crystal Bay Rd Water Main Improvements [Page 4 of 4] Item #13 - CC Agenda - 08/13/07 Payment Request for Farview Sanitary Sewer Project [Page 1 of 6] Item #13 - CC Agenda - 08/13/07 Payment Request for Farview Sanitary Sewer Project [Page 2 of 6] Item #13 - CC Agenda - 08/13/07 Payment Request for Farview Sanitary Sewer Project [Page 3 of 6] Item #13 - CC Agenda - 08/13/07 Payment Request for Farview Sanitary Sewer Project [Page 4 of 6] Item #13 - CC Agenda - 08/13/07 Payment Request for Farview Sanitary Sewer Project [Page 5 of 6] Item #13 - CC Agenda - 08/13/07 Payment Request for Farview Sanitary Sewer Project [Page 6 of 6] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 1 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 2 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 3 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 4 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 5 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 6 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 7 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 8 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 9 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 10 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 11 of 12 ] Item #14 - CC Agenda - 08/13/07 Licenses & Permits [Page 12 of 12 ] Item #15 - CC Agenda - 08/13/07 Bills [Page 1 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 2 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 3 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 4 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 5 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 6 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 7 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 8 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 9 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 10 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 11 of 12] Item #15 - CC Agenda - 08/13/07 Bills [Page 12 of 12]