HomeMy WebLinkAbout06-23-2003 Council Minutes2
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
ROLL
The Council met on the above mentioned date with the following members present: Mayor Barbara
Peterson; Council Members Jim Murphy and Bob Sansevere; Acting City Attorney Sean Simpson;
Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City
Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson.
Council Member Jim White was absent.
Mayor Peterson called the meeting to order at 7:01 P.M.
CONSENT AGENDA
1. Approve /Amend
Council members added items #11, 12, 13, 14, 15, and 17 -24 to the Consent Agenda.
Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE:
Ayes 3, Nays 0.
APPROVAL OF MINUTES
• *2. Regular Council Meeting of June 9, 2003
Murphy moved, Sansevere seconded, to approve the Minutes of the Regular Council Meeting
of June 9, 2003 as presented. VOTE: Ayes 3, Nays 0.
PARK COMMISSION COMMENTS — Pat Wolfe
Wolfe had nothing new to report, however, would remain for questions.
PLANNING COMMISSION COMMENTS - David Rahn
Although Rahn had nothing new to report, he indicated that he would stay for questions.
LMCD REPORT — Lili McMillan
McMillan reported that the LMCD would be approving its 2004 budget on Wednesday evening's
Board meeting. She indicated that a 2% increase in the budget was expected, for a total $440,000
budget, accompanied by a $252,000 levy amount. Although she was disappointed to report the
increase, she pointed out that additional expenses including a 2004 user survey, boat count survey,
and purchase of a barge to assist in the harvesting of exotics impacted the upcoming budget.
McMillan stated that Orono's portion of the increase would be approximately $1,400 to its levy
amount and asked for Council's comments on the increase.
Moorse stated that, due to budget cuts in all branches of government, the City of Orono would not
be increasing its 2004 budget. He questioned why the LMCD was not striving to hold the line on
• their budgets, given the cutbacks throughout the area.
PAGE 1 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
(LMCD REPORT, Continued)
McMillan indicated that she would relay the City's position to the Board at the meeting Wednesday
night. She stated that it would not surprise her if others expressed similar concerns.
Murphy inquired who would pay the price if the City would not support the expenditures.
McMillan pointed out that the LMCD operates at 84% of the state levy limit; however, she
believed the LMCD could tap into its reserve budget or put off expenditure for the time being. She
noted that both Orono and Minnetonka saw increases due to their higher tax base.
Moorse suggested the LMCD consider using reserves for the big ticket items for 2004, that are not
in the budget every year.
McMillan empathized with the City's concerns and reiterated that she would relay those sentiments
to the Board at Wednesday's meeting. She stated that the vote was scheduled for Wednesday in
order to turn the budgets around by July for member cities.
In addition, McMillan reported that the Grand Opening of the Gray's Bay access was held. She
indicated that its design was modeled from the Maxwell Bay boat access and noted that two ponds
were designed to handle the runoff from the excessive hardcover at the access.
The City Council reiterated its objection to the 2% levy increase. Murphy maintained that he found •
it difficult to support the increase based on the lack of `hardship' to support it.
Mayor Peterson asked if the LMCD had any connection to the saveminnetonka.com website she
had seen advertised recently.
McMillan indicated that she had no knowledge of the website; however, she would visit the site to
investigate.
PUBLIC COMMENTS
There were none.
ZONING ADMI_NISTRATOR'S REPORT
3. #01 -2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD — VARIANCES —
REVIEW CONDITIONS OF RESOLUTION NO. 4720
Gaffron explained that the applicant had requested the Council approve eliminating the variance
approval condition requiring connection of his proposed new residence to sewer. Gaffron noted
that the new septic system constructed in 2002 for the existing house does not have design capacity
to serve the proposed 5 bedroom home. In addition to the need for a formal variance renewal
(which expired 11- 13 -02), the Resolution language calls for Council review since the sewer
connection is not feasible and construction using a septic system is not consistent with the variance
approvals. Gaffron stated that the neighbor has failed to file the appropriate sewer easement as •
requested by the applicant and the City.
PAGE 2 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
( #01 -2714 FREDERICK PUZAK, Continued)
Gaffron shared the staff recommendation that the applicant be advised to 1) redesign the house to a
3- bedroom configuration, 2) make a new (not renewal) variance application for a revised house
plan and connection to the existing 3- bedroom capacity septic system rather than to City sewer.
As an alternative, to preserve his 5- bedroom design, Gaffron indicated that staff suggested the
applicant might again request the City condemn an easement for sewer. Staff would request
Council provide direction as to whether there would be support for proceeding with a
condemnation. Gaffron pointed out that an additional alternative would be to allow construction of
a 5- bedroom home connected to the 3- bedroom septic system, and require that the house be
connected to sewer as soon as it becomes available. Gaffron asked the Council to provide the
applicant with additional direction.
Mr. Puzak indicated that he had been working on this application since 2000 and would like to be
given permission to move forward and build his house. He asked the Council to consider allowing
him to build more than a three bedroom home.
Sansevere asked if there would be any benefit in trying to continue to reach the neighbor, Mr.
Franklin, to obtain an easement. If not, Sansevere asked how the City would view condemnation.
Gaffron stated that the City, and the applicant, had both exhausted trying to contact Mr. Franklin.
• He discouraged condemnation proceedings, stating that they would be costly and time consuming.
•
Puzak stated that he had received no call backs from Mr. Franklin in two years.
Gappa concurred, stating that the Franklins had been unresponsive to two letters and that no
easement had been filed.
Mayor Peterson asked if there was expansion space for the septic system to allow for a larger
home.
Puzak indicated that there was an alternate 4- bedroom capacity site on the property that they would
be investigating further. He asked if he could be allowed to proceed with the hardcover and
lakeshore setback variances that were approved already and continue to work on the septic plan.
Given the fact that the municipal sewer requirement would be deleted from the conditions, Gaffron
maintained the applicant would need to file a new (not renewal) application, since new conditions
exist and the variances had expired. He advised the applicant that, in either scenario, he would need
to go through the planning process again.
Puzak inquired whether an amended application for renewal would take any longer.
Gaffron reiterated that it would require the same amount of time to complete the process whether it
be a new or renewal application. In all likelihood, Gaffron stated the application could be put on
the August Planning Commission agenda, and the City Council agenda later that month.
PAGE 3 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
( #01 -2714 FREDERICK PUZAK, Continued)
In order to provide direction to his architect, Puzak questioned whether he could work within the
original hardcover and setback variance approvals.
There was consensus among the City Council that he be allowed to work within the original
parameters of his first application for hardcover and setback variances to construct a 3 or 4
bedroom home, based on the septic information.
4. #03 -2869 DR. ROBERT GUMNIT,1100 OLD CRYSTAL BAY ROAD SOUTH—
CONDITIONAL USE PERMIT AND VARIANCE — RESOLUTION NO. 4996
Gaffron explained that the applicants were requesting the following to reconstruct an existing
gravel pathway through wetland to access a 1.8 acre island of land on their property:
1. Variance: hardcover within the 0 to 75' setback zone from the OHWL of French Lake where no
hardcover is permitted (pathway reconstruction);
2. Variance: grading, filling and excavating within 75' of the OHWL of French Lake where no
grading, filling or excavating is permitted (pathway reconstruction and wetland mitigation); and
3. Conditional Use Permit: movement of more than 500 cubic yards of material within the
shoreland overlay district (pathway reconstruction and wetland mitigation).
In addition, Gaffron indicated that the applicants were also requesting the following to permit
keeping horses on an intermittent basis on the island of land on their property: •
1. Variance: agricultural use (grazing of horses) within 150' of the OHWL of French Lake where
no agricultural use is permitted; and
2. Variance: a wire fence within 150' of the OHWL of French Lake where no fences are
permitted.
Gaffron reported that the Planning Commission recommended by a 6 to 0 vote to approve the
variances and conditional use permit to reconstruct an existing gravel pathway through a wetland to
access an island of land on his property with the following conditions:
1) Permit approval from the Minnehaha Creek Watershed District be required prior to
construction on the property
2) Review and approval from the City Engineer is required prior to construction on the property
3) The property owner would have the ability to routinely maintain the pathway, as approved.
However, Gaffron explained that the Planning Commission recommended by a 3 to 3 vote to
approve the variances to permit keeping of horses on the island of land on his property on an
intermittent basis with the following conditions:
1) No more than 4 horses for a period of two weeks at a time and no more than 20 weeks out
of a calendar year would be permitted on the island
2) Fencing may be located no closer than 26' from the OHWL of French Lake
Gaffron pointed out that an issue for discussion was the status of the wetland as part of the French
Lake basin versus merely a wetland with a smaller open water lake in the center of it. Prior to 1992
when the DNR established the lake basin, Gaffron explained that the City had allowed structures to
be built up to the 26' wetland setback line. Adoption of the Shoreland Ordinance in 1992
established a 150' setback requirement, making a number of homes nonconforming and severely •
PAGE 4 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
( #03 -2869 DR. ROBERT GUMIVIT, Continued)
limiting the ability of surrounding properties to develop. Although staff agreed that the argument
that this be considered a wetland rather than a lake had merit, Gaffron explained that this argument
would be a strong justification for granting the variance only rather than ignoring the established
lake boundary. He stated that the resolution contained the finding that the unique geography of the
island site as supportive of granting the variance for the fence.
While a request for a loafing shed did not accompany this application, Gaffron asked Council to
consider whether the granting of a variance to allow the placement of a shed somewhere on the
island meeting the 26' wetland setback, would be similarly justified.
With regard to the zoning status, Gaffron explained that this property and areas surrounding French
Lake are zoned RR -1B (Rural Residential, 2 acre) which allows for animals as an accessory use on
the property. He pointed out that when French Lake was classified as a Natural Environment (NE)
lake with the adoption of the Shoreland Ordinance in 1992, the property administratively became a
lakeshore property but was not rezoned into the lakeshore district (LR -IA). In LR -lA districts,
animals are not permitted outright but only through a conditional use permit, and most of Orono's
NE lakes are in the rural zoning districts.
Based on this information, Gaffron stated that staff would recommend adoption of the resolution,
which agrees with the Planning Commission's recommendation to permit reconstruction of the
• gravel pathway since a pathway already exists and will continue to be used regardless of this
application. Reconstruction of the pathway will ensure safe passage or access to the island,
permitting the property owners to maintain the land as has been requested.
With regard to the Planning Commissions split decision to allow horses on the island of land,
Gaffron stated that staff would be comfortable with the intermittent keeping of horses as proposed
in the Planning Commission's motion for approval with conditions.
Mayor Peterson concurred that the Council, too, supported the pathway reconstruction.
Sansevere asked why the term intermittent keeping of horses was necessary language.
Dr. Gumnit stated that their needs were only on an intermittent basis, thus the reason for the
original language. He noted that they had obtained a plan from the Hennepin Conservation District
for keeping of horses and caring for them on the island and main property prior to their application.
He stated that he was comfortable with the language in the Resolution, although he would like to
be able to put up a loafing shed later on if he so chooses.
Murphy indicated that he had been present at the Planning Commission meeting during which their
discussion took place and recognized that the horses were boarded elsewhere which, in effect,
would aid in ensuring their intermittent use. While he acknowledged that the City would be unable
to truly enforce the terms of the resolution, Murphy indicated that he observed the way in which
the Planning Commission grappled with setting some limits to the use for future insurance.
Dr. Gumnit assured the Council that it was not their intent to abuse the island and hill.
•
PAGE 5 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
( #03 -2869 DR. ROBERT GUMNIT, Continued)
Murphy explained that not all neighbors are as good of stewards of the land as the Gumnits propose
to be, adding that he would prefer to see the placement of the shed in advance when they are ready
to build it.
Dr. Gumnit pointed out that, technically, he would have the right to put the loafing shed at the top
of the hill without any variances; however, he agreed to approach the City if necessary.
Mayor Peterson concurred with Murphy, stating that she would prefer to see the shed placed lower
on the hill.
Dr. Gumnit was hesitant to make any promises with regard to the shed, indicating that he would
place it in a low - visibility location if possible.
Sansevere stated that, in reality, based on the amount of land the applicants own they could keep
more than four horses.
Murphy believed the code would indicate they could keep up to 7 horses; however, he was hesitant
to change the Planning Commission's recommendation based on their purposeful deliberation.
Gaffron stated that staff would be comfortable with 4, but concerned about it being 7. Whereas
future new owners might decide to keep all 7 horses all of the time on the island, Gaffron •
encouraged the Council to honor the intermittent and 4 horse limit language in the Resolution.
Murphy questioned whether the City was offering them less than what most of their property could
truly support.
While these owners may prove responsible, Gaffron was hesitant to remove all restrictions on
future owners who might have differing views.
Moorse stated that it would not be as difficult to monitor the condition of the property on an
occasional basis as it would be to monitor whether horses were being kept on the intermittent
timelines.
Dr. Gumnit stated that they would intend to rotate the horses to other parts of the property, if the
Council could support the 26' setback on the mainland as well.
Gaffron felt this to be a new twist and asked the Planning Commission representative whether they
had considered this.
Rather than an entire Ordinance change that would affect other parts of town, Rahn stated that they
chose to look at the applications on a case by case basis.
Mayor Peterson reminded the Council that the property was zoned rural, where horses are an
allowed accessory use, and not lakeshore.
•
PAGE 6 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
( #03 -2869 DR. ROBERT GUMNIT, Continued)
Mrs. Graham stated that, truly, they do not have lakeshore, they have merely wetlands and to be
labeled lakeshore is inaccurate.
Moorse asked if they have any access to the lake.
Gaffron stated that they would need to construct a 600' dock to access French Lake.
Murphy questioned whether this might open the door to other applications and fuel an Ordinance
change.
Gaffron believed that, if the Council chose to use the fact that this is a wetland, not a lake, as their
hardship to support the granting of this application they would have a strong evidence to support it
in this case.
Murphy moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 4996, a Resolution
approving the gravel pathway reconstruction and granting conditional approval for the horse
use upon the property located at 1100 Old Crystal Bay Road South. VOTE: Ayes 3, Nays 0.
5. #03 -2886 DENNIS AND DIANE KILLIAN, 1300 SPRUCE PLACE — VARIANCES
• Gaffron explained that the applicant was requesting the following variances to permit construction
of a new residence on the property:
1) Lot area of 20,300 s.f. (.47 acres) where 43,560 s.f. is required
2) Hardcover within the 0 -75' lakeshore setback zone: 274 s.f. (2.47 %) where none is
permitted
3) Hardcover in the 75 -250' setback zone: 3,367 s.f. (36.6 %) where 2,298 s.f. (25 %) is
allowed
4) Grading and filling within 75' of the OHWL of Lake Minnetonka where no grading nor
filling is permitted
5) Placing fill in a bluff impact zone where no fill is permitted
•
While the applicants wished to have their application heard at the same time as the neighboring
property, discussion regarding this application centered on whether there was a hardship to allow
new construction to exceed the maximum hardcover permitted in the 75 -250' setback zone.
Gaffron reported that the Planning Commission recommended by a 4 to 3 vote to approve the
requested variances with the following conditions:
1) Grading plans must illustrate contours between the house and the street
2) Plans should show the proposed driveway location and grades that do not exceed 10%
3) Site grading between this parcel and the 1280/1290 Spruce Place lots should be coordinated
4) Erosion control should be installed, inspected, and approved prior to any work on the site
5) No additional hardcover for landings, patios, etc. will be permitted beyond what is proposed
on the plan
PAGE 7 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
( #03 -2886 DENNIS AND DIANE KILLIAN, Continued)
In addition, Gaffron indicated that the Planning Commission identified the following hardships to
support their recommendation for approval:
1) The lot is wider at the OHWL of Lake Minnetonka than at the street due to its pie -shape
2) More than half of the lot area is located within 75' of the OHWL of Lake Minnetonka
where no structure or hardcover is permitted
3) Due to the shape of the lot, the smaller portion of the lot contains the developable area,
restricting development more than if the lot was rectangular
Gaffron pointed out that the Commissioners who voted to deny the application agreed with staff's
recommendation that there was no hardship to support hardcover in excess of 25% permitted in the
75 -250' setback zone for new construction on the lot.
While Gaffron reported that staff would recommend approval of the requested lot area, hardcover
in the 0 -75' setback zone, grading within 75' of the OHWL, and filling in a bluff impact zone with
the conditions noted above, staff could not support the requested hardcover exceeding 25% in the
75 -250' setback zone for new construction.
Dr. Killian, accompanied by his new architect Kathy Alexander, stated that the existing house sits
entirely in the 0 -75' setback zone and it would be his intent to rectify this situation by moving the
house back. He believed his proposal to be a more environmentally and aesthetically pleasing plan.
He pointed out that, being at the end of the cul -de -sac, his house narrows to 65' at the street and •
provides little in the way of parking. He wished to construct a bit longer driveway to accommodate
parking and slide the house in order to avoid removing some large trees in the yard. Killian
questioned why a smaller lot down the street was granted a variance to build a larger house than he
has proposed on his larger lot. He felt there was adequate hardship to support his request and
questioned why staff did not support his application.
Alexander stated that the house has been placed in its proposed location since the sides slope
steeply from side to side and in order to avoid removing some big woods.
Gaffron indicated that the Planning Commission had made the point that, if the lot were less pie -
shaped and more rectangular, the hardcover would be closer to 30 %, still in excess of the permitted
25 %. He agreed that parking proves to be an issue.
Murphy asked how big the house was as proposed.
Alexander stated that, after removing the tuck under garage, driveway, sidewalks, etc., the footprint
was approximately 1,600 s.f.
Sansevere noted that at 2 -3 stories, that would equate to a roughly 5,000 s.f. home, a substantial
home.
Mayor Peterson noted the home would still be a substantial home, still at 30 -35% hardcover. She
maintained that, in her opinion, the applicants needed to bring the hardcover figure down to 25 %,
even given the credit for the rectangular shape.
•
PAGE 8 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
( #03 -2886 DENNIS AND DIANE KILLIAN, Continued)
Murphy stated that, if they were looking for further direction, the Council would suggest they
provide the City with a firm architectural plan at 25 %.
Killian stated that he had spent approximately $15,000 on designs so far and that he could remodel
the current home in its existing location.
Mayor Peterson indicated that she would recommend Killian stick to the 25% allotment, that would
include an adjustment or credit for the triangular piece which could be moved back to form a
rectangle.
Sansevere agreed the triangular credit would address his hardship as they'd discussed this evening
and asked if the applicant could accept that compromise.
Killian agreed, stating that he would take what he could get and work with Gaffron to determine
the amounts.
Alexander agreed it sounded like a reasonable solution.
Gaffron indicated that he would bring back the resolution at the next meeting and that he was
comfortable with the compromise, acknowledging that it would not set a precedent.
• Mayor Peterson moved, Murphy seconded, to approve the lot area and hardcover in the 0 -75'
setback zone variances, grading and filling within 75' of the OWHL and placing fill in a bluff
impact zone; however, the Council would accept no more than 25% hardcover in the 75 -2501,
taking into account a credit for the triangular section for the property located at 1300 Spruce
Place. VOTE: Ayes 3, Nays 0.
I]
*6. #03 -2896 BRUCE BOEDER ON BEHALF OF FRANCISCUS BASTIAENS, 665
FERNDALE ROAD NORTH — CONDITIONAL USE PERMIT AND VARIANCE —
RESOLUTION NO. 4997
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4997, a Resolution
granting a Conditional Use Permit for Temporary Guest House Use per Municipal Zoning
Code Section 10.20, Subd. 3(G) for property located at 665 Ferndale Road North. VOTE:
Ayes 3, Nays 0.
*7. #03 -2897 IRFAN ALTAFULLAH, 2520 THOROUGHBRED LANE — CONDITIONAL
USE PERMIT — RESOLUTION NO. 4998
Murphy moved, Sansevere seconded, to Adopt RESOLUTION NO. 4998, a Resolution
approving a Conditional Use Permit for construction of an accessory structure (swimming
pool) on a `through' lot located at 2520 Thoroughbred Lane. VOTE: Ayes 3, Nays 0.
PAGE 9 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
*8. #03 -2899 TIMOTHY PELLIZER, 520 NORTH ARM DRIVE — VARIANCE —
RESOLUTION NO. 4999
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4999, a Resolution
granting an average lakeshore setback variance to allow construction of a 1,228 s.f. attached
garage addition encroaching 68' into the average lakeshore setback for the property located
at 520 North Arm Drive. VOTE: Ayes 3, Nays 0.
*9. #03 -2900 WM. YALE SMILEY HI AND TIMOTHY J. MAHONEY, 2730 AND 2760
PHEASANT ROAD — REARRANGEMENT OF COMMON PROPERTY LINE —
RESOLUTION NO. 5000 and 5001
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5000, a Resolution
approving a lot line rearrangement between the two developed residential lots located at
2730/2760 Pheasant Road; and to adopt RESOLUTION NO. 5001, a Resolution approving
the vacation of a dedicated drainage and utility easement within Lot 2, Block 1, Yale Smiley
Addition. VOTE: Ayes 3, Nays 0.
10. #03 -2901 DENALI CUSTOM HOMES, INC. ON BEHALF OF MELINDA LEE AND
THOMAS DEVEAU, 680 TONKAWA ROAD — VARIANCES — RESOLUTION NO. 5002
Gaffron reported that the applicants have proposed to remove the existing house and construct a
new home on the property and are requesting variances to permit new construction on an
undersized lot (.54 acre where 1 acre is required) having a lot width of 64' where 140' is required.
Gaffron indicated that the applicants had provided a revised plan, proposing 75 -250' hardcover at
3,249 s.f. or 28.6 %, slightly less than the original proposal, and a revised grading plan that had not
been reviewed as of yet.
Generally, Gaffron noted that the Council accepted the Planning Commission's recommendation
regarding hardships that support the hardcover variance. He acknowledged that, after visiting the
site, the neighbor has significantly impacted the applicants' lake views.
Gaffron stated that the revised proposal suggests that hardships supporting the 75 -250' zone
hardcover of 28.6% could be quantified as follows:
- 80 s.f. credit for boulder walls needed to support steep slopes in the 75 -250' zone
- 127 s.f. credit for stairways needed to traverse steep slopes in 75 -250' zone
- 192 s.f. of driveway needed in 75 -250' zone due to inability to move house closer to road
in order to preserve lake views due to neighboring house location allowed by variance
The total credit is 399 s.f. which equates to 3,249 — 399 = 2,850 s.f. /11,360 s.f. = 25%
With regard to staff recommendations, Gaffron noted that while the City has rarely ever attempted
to quantify credit that should be granted for a specific site factor that is considered a hardship, the
method used here seemed reasonable. A method that might be, cautiously, applied to the City's
advantage in future applications. Despite the fact that staff originally recommended denial of the
application, Gaffron pointed out that the variance request as presented, appears to be supported by
a hardship. He stated that the resolution approves the lot area, lot width, and 75 -250' variance •
PAGE 10 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
( #03 -2901 DENALI CUSTOM HOMES, Continued)
requests. While they had received a recent grading and drainage plan, Gaffron stated that the plan
would need to be reviewed by the City Engineer and tweaked further prior to acceptance.
Murphy stated that he found the idea of evaluating credits intriguing.
Mr. Bieker, of Denali Custom Homes, indicated that he had shared the revised drainage plan with
the neighbor. He added that the idea of credits could be useful for future applications throughout
the City, as it was in both this and the Killian application.
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5002, a Resolution
approving the lot area, lot width, and 75 -250' hardcover variances, subject to grading and
drainage review by the City Engineer, to construct a new residence on the property located at
680 Tonkawa Road. VOTE: Ayes 3, Nays 0.
*11. #03 -2908 NED AND LORNA BUTTERFIELD, 3745 WATERTOWN ROAD —
VARIANCES — RESOLUTION NO. 5003
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5003, a Resolution
granting lot area and lot width variances to allow an existing residence to be moved onto the
property located at 3745 Watertown Road. VOTE: Ayes 3, Nays 0.
• MAYOR/CITY COUNCIL REPORT
Sansevere stated that ex- Council member Nygard received his monthly check in payment for his
service as a Council member at the June 9 Council meeting. This check was for the month of June
and he was not entitled to the full check based on his resignation date. Sansevere encouraged
Moorse to contact Nygard and ask him to refund the difference, which Sansevere believed he
would be more than willing to return, since he would not intend to be unfair to the City.
Murphy inquired as to the effective resignation date of Council member Nygard.
Moorse stated that the resignation would be effective based on June 16, 2003, when the statement
of resignation was received.
Sansevere asked for the status of advertising the City Council vacancy.
Moorse indicated that the advertisement would be running in both the Laker/Pioneer and the Sun
Sailor, and that the City would continue accepting submissions thru July 2, 2003.
Sansevere noted that the only requirement was that the Council member be a resident of Orono.
Murphy reported that he had received a letter from Mn/DOT which extended the lease for
Gardella's until August 31, 2003, as requested by the City. He identified numerous individuals who
made this possible and suggested a letter of appreciation be extended to those who responded
accordingly to the needs of this resident in the process. He acknowledged the countless hours
• devoted to negotiations and appreciated the extra effort extended to the Gardella's.
PAGE 11 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
(MAYOR/CITY COUNCIL REPORT, Continued)
Mayor Peterson noted that she would be bowing out of a lunch with the Planning Commission
Chair and an attorney representing several recent applicants for appearance sake. The City Attorney
felt that to be the appropriate action in order to avoid the appearance of a conflict of interest.
Mayor Peterson stated that she had attended the League of Minnesota Cities annual conference and
felt it to be one of the best conferences she'd attended in many years. Five presenters spoke and
she learned from the City of Minnetonka that they would be providing a seminar for their
employees regarding the Conceal and Carry law. Minnetonka suggested she contact their Human
Resources person to see if they would consider opening it up to employees of other communities.
Mayor Peterson asked for suggestions of how to acknowledge former Council member Nygard's
service to the City.
Sansevere acknowledged his contributions.
Murphy believed recognition would be appropriate.
PUBLIC SERVICE DIRECTOR'S REPORT
*12. UPDATE ON FOX STREET OVERLONG LAKE CREEK BRIDGE
REPLACEMENT PROJECT •
Murphy moved, Sansevere seconded, to approve the staff recommendation to match the
existing bridge deck elevation and attempt to design a reasonable cost bridge with less depth
in order to possibly provide more clearance under the bridge. VOTE: Ayes 3, Nays 0.
*13. REQUEST FOR PAYMENT #2 — NAVARRE FIRE STATION SITE
IMPROVEMENTS PROJECT
Murphy moved, Sansevere seconded, to approve the Request for Payment Number 2,
Navarre Fire Station Site Improvements Project to F.F. Jedlicki Inc. in the amount of
$195,937.76 with the following cost distribution; Fire Station Fund $128,359.76, Sewer Fund
$12,676.00, Water Fund $54,902.00. VOTE: Ayes 3, Nays 0.
*14. REQUEST FOR PAYMENT #1— NORTH LONG LAKE EAST SEWER PROJECT
Murphy moved, Sansevere seconded, to approve Request for Payment Number 1, North
Long Lake East Sanitary Sewer Project to E.J. Mayers Inc. in the amount of $37,562.72.
VOTE: Ayes 3, Nays 0.
*15. REQUEST FOR PAYMENT #1— HERITAGE DRIVE SANITARY SEWER
EXTENSION PROJECT
Murphy moved, Sansevere seconded, to approve Request for Payment Number 1, Heritage
Drive Sanitary Sewer Extension Project to E.J. Mayers Inc. in the amount of $8,193.75. •
VOTE: Ayes 3, Nays 0.
PAGE 12 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
• 7:00 o'clock p.m.
16. OFFICE WALL IMPROVEMENTS
Murphy moved, Mayor Peterson seconded, to accept a quotation from The Carpenter's
Contracting Inc., Mound Minnesota, in the amount of $3,513.00 for office wall improvements
to be funded from the Contingency Account of the General Fund, subject to the additions
that the back wall of the Chamber be painted and that the top of the shed at the golf course
be painted as well. VOTE: Ayes 3, Nays 0.
*17. OFFICE AIR VENTILATION IMPROVEMENTS
Murphy moved, Sansevere seconded, to accept the quotation from Differ Inc., Medina
Minnesota in the amount of $8,700 for office air ventilation improvements to be funded from
the Contingency Account of the General Fund. VOTE: Ayes 3, Nays 0.
CITY ADMINISTRATOR'S REPORT
*18. PAY REQUEST #4 — NAVARRE FIRE STATION
Murphy moved, Sansevere seconded, to approve the request for payment in the amount of
$48,992.43 to BKV Group, and in the amount of $4,050.00 to Constructive Ideas, to be funded
from the Navarre Fire Station Construction Fund. VOTE: Ayes 3, Nays 0.
is *19. CONTRACT FOR SPECIAL INSPECTION AND TESTING SERVICES FOR THE
NAVARRE FIRE STATION
Murphy moved, Sansevere seconded, to accept the proposal from STS Consultants for
special inspection and testing for the Navarre Fire Station, at a cost of $4,550.00, and to
authorize the City Administrator to sign the contract. VOTE: Ayes 3, Nays 0.
*20. AMENDMENT TO RESOLUTION NO. 4955 APPROVING THE FINAL PLAT OF
STONEBAY — RESOLUTION NO. 5004
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5004, a Resolution
amending Resolution No. 4955 regarding the final plat of Stonebay. VOTE: Ayes 3, Nays 0.
*21. DECLARATION OF VACANCY IN THE OFFICE OF COUNCIL MEMBER —
RESOLUTION NO. 5005
Murphy moved, Sansevere seconded, to accept the resignation of Jay Nygard from his
position of Council member effective June 16, 2003, and to adopt RESOLUTION NO. 5005, a
Resolution declaring a vacancy in the office of Council Member. VOTE: Ayes 3, Nays 0.
*22. APPOINTMENT OF PLANNERS
Murphy moved, Sansevere seconded, to appoint Melanie Foth and Janice Waataja to the
position of City Planner, at the Level 4, Step 1, salary of $48,360, effective July 7, 2003.
VOTE: Ayes 3, Nays 0.
PAGE 13 of 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m. •
*23. APPROVAL FOR SAFE AND SOBER GRANT APPLICATION
Murphy moved, Sansevere seconded, to approve Police Department application for the Safe
and Sober Grant. VOTE: Ayes 3, Nays 0.
*24. COOPERATIVE AGREEMENT WITH MN/DOT REGARDING
RECONVEYANCE OF RIGHT -OF -WAY
Murphy moved, Sansevere seconded, to approve the cooperative agreement with the
Mn/DOT regarding the Deeding of Mn/DOT right -of -way to the City for the construction of
Kelley Parkway, subject to review by the City Attorney, and to authorize the City
Administrator to sign the agreement. VOTE: Ayes 3, Nays 0.
CITY ATTORNEY'S REPORT
Attorney Simpson had nothing new to report.
*25. LICENSES
KENNEL LICENSE
Jim and Jennifer Matasovsky
1290 Loma Linda Avenue
Mound, MN 55364
SPECIAL EVENTS PERMIT
1. Applicant:
Sharon McGrann
Event:
Summer Party with music provided by DJ
Location:
2120 Fox Street
Date:
Saturday, July 26, 2003
Time:
6:30 p.m.- Midnight
Murphy moved, Sansevere seconded, to approve the special event permit requested by Ms.
McGrann. VOTE: Ayes 3, Nays 0.
SPECIAL EVENT PERMIT
2. Applicant:
Judy Shields/Dog Days of Summer Committee
Event:
Dog Days of Summer
Location:
Navarre Business Area
Date:
August 16, 2003
Time:
8:30 a.m. — 9:00 p.m.
Murphy moved, Sansevere seconded, to approve the special event permit for Judy Shields on
behalf of the Navarre Dog Days of Summer Committee subject to staff conditions. VOTE:
Ayes 3, Nays 0.
Murphy moved, Sansevere seconded, to approve the request to waive the special event
permit fee of $200 for the Dog Days of Summer event.
PAGE 14 of 15
�J
•
0
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 23, 2003
7:00 o'clock p.m.
*26. BILLS
Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE:
Ayes 3, Nays 0.
ADJOURNMENT
Mayor Peterson moved, Sansevere seconded, to adjourn the Orono City Council Meeting of
June 23, 2003 at 8:48 P.M. VOTE: Ayes 3, Nays 0.
ATT/�ST:
Lin a S. Vee, City Clerk
0
•
PAGE 15 of 15
Barbara Peterson, Mayor