HomeMy WebLinkAbout08-25-2003 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
ROLL
The Council met on the above mentioned date with the following members present: Acting Mayor
Bob Sansevere; Council Members Jim Murphy and Jim White; City Attorney Thomas Barrett;
Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners
Melanie Foth and Janice Waataja, City Engineer Tom Kellogg, and Recorder Kristi Anderson.
Mayor Barbara Peterson and Public Service Director Greg Gappa were absent.
Acting Mayor Sansevere called the meeting to order at 7:00 P.M.
CONSENT AGENDA
1. Approve /Amend
Council members added items #4, 5, 12, and 15 -23 to the Consent Agenda.
Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes
3, Nays 0.
APPROVAL OF MINUTES
• *2. Regular Council Meeting of August 11, 2003
•
Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting of
August 11, 2003 as presented. TOTE: A3-"- 3, ' %i y a u.
PARK COMMISSION COMMENTS — Pat Wolfe
Wolfe stated that he had no new comments; however, would remain for questions.
PLANNING COMMISSION COMMENTS - J. Mark Fritzler
As Fritzler was unable to attend, Murphy indicated that he had attended recent Planning
Commission meetings and would be able to comment if necessary.
LMCD REPORT — Lih McMillan
While she believed the public was already aware, McMillan reported that no charges would be
filed in the July 4`h death at Big Island, as the victim was hit by his own boat and it was ruled an
unfortunate accident.
McMillan stated that the LMCD would be holding a public meeting on Wednesday, August 27,
2003, to review and make a recommendation regarding the buoy lane locations for Big Island.
While she noted that four perpendicular lanes would be installed, McMillan indicated that the
board would be reviewing three options for a shoreline buoy buffer zone.
Page 1 of 14
Z
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m. .
(LMCD REPORT — Lili McMillan, Continued)
McMillan shared the three options with the City Council, the first of which, Option A, was the
preferred option by the Water Patrol, which identified a 125' no anchoring lane along the shoreline.
The other alternatives were created by Burt Foster, head of the LMCD, with the Water Patrol and
cluded, a no anchoring zone delineated by buoys 25'+ from °'. = that allows Or s; ;:...ming on
the other side of the through lane, the final alternative roped off a swimming area which could
double as a shoreline lane in emergencies.
Sansevere voiced his concern regarding Option A, which allows no anchoring except 100'+ away
from shore, and would eliminate the ability of the public, adults and children alike, to stand or play
in the water.
McMillan agreed that this would be the downfall of Option A and pointed out that Option 2 moves
the lane away from shore, with anchoring allowed on the other side.
Sansevere stated that, in his opinion, both Options 1 and 2 created dangerous conditions for
swimmers and encouraged boaters with the ability to cruise the whole area.
McMillan stated that Option 3 would likely be a maintenance nightmare to maintain the ropes and
markers. She indicated that at the July 23rd meeting, the mayors felt they should pursue the Water
Patrol's recommendation. While the July 4"' accident proved that access is critical, McMillan
acknowledged that members of the public might object to these restrictive options at the •
Wednesday evening meeting.
Sansevere pointed out that, installing these invasive measures at Big Island, might only succeed in
moving boaters to other areas of the lake where families tend to frequent, thus causing additional
problems. He reiterated the need to allow adults and children who do frequent Big Island during
the week and weekends the ability to stand. Sansevere believed that, if he were forced to choose, he
would support option 2 since it allowed people to stand and swim near the shore. He believed that
the option still involved unnecessary risk and that parents would hesitate allowing their children to
swim so far from their boat.
Sansevere informally asked the public at the Council meeting whether they felt it important for
people to be able to stand along the shoreline while visiting Big Island, approximately 15 people
nodded in agreement.
White interjected that he believed it was more important for the LMCD and the City Councils to
hold other discussions regarding how to hold people more accountable for their actions at Big
Island versus making a decision overnight about additional buoys and lanes.
McMillan concurred, stating that more needs to be done to hold people accountable for their
actions and pointed out that the water patrol had held recent stings since July 4"' to arrest
troublemakers. She recognized the fact that, unfortunately, many people feel they cannot bring
their families to Big Island on the weekends.
Sansevere reiterated the need for people to be able to stand and urged McMillan to relay this •
concern to the LMCD on Wednesday evening. He noted that, oftentimes, when families do visit
Page 2 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
(LMCD REPORT — Lili McMillan, Continued)
Big Island they tend to park further East and West on the Island and questioned if the buoys needed
to run to the edges as shown.
Since the LMCD recognizes the public's concern regarai.b the additional lane, INIcMillan noted
that the shoreline buoys had not been ordered in order to allow for public comment at Wednesday's
meeting.
Sansevere repeated his hesitation to overreact to the July 40' accident by installing excessive buoys
without looking into the problems at Big Island further.
Pat Wolfe, Park Commissioner, interjected that he, too, agreed with Council members Sansevere
and White that more examination with regard to the law enforcement aspect of Big Island's
difficulties needs to be done. He stated that Big Island is basically a park which falls under Orono's
jurisdiction and more consideration should be given to the kinds of recreational opportunities that
should exist there. He noted that a plan needs to be created and more time devoted to considering
the options which make the most sense for Big Island.
While he believed consideration needed to be given to the law enforcement and recreational aspects
of Big Island, Murphy acknowledged the fact that the people who currently visit Big Island are
aware of the problems and need to decide to be responsible.
• McMillan agreed that a message needs to be sent to those who frequent Big Island that you need to
be responsible and come to the beach with good intentions.
n
LJ
Murphy believed that prudence was the answer. Since the additional buoys would not be added
until 2004 he advised that more planning over the winter continue in an effort to preserve the
public's freedom.
McMillan pointed out that when the idea of buoys first emerged for Big Island several years ago,
there was concern about being overly restrictive; therefore, the LMCD installed three of four safety
lanes at that time. She asked if the Council wished her to relay to the LMCD that they should take
additional time to evaluate their options.
While he preferred no ropes for the beach, White acknowledged the Water Patrol's concerns.
McMillan agreed that the LMCD should take the time to collect comments from all lake
communities before taking action.
Sansevere encouraged McMillan to explain the Council's concern to the LMCD that, if no one can
stand, the problem may be transferred to other parts of the lake, thus, making patrolling even more
difficult.
While no additional funding is available for 2004 to pay for extra deputies, McMillan noted that
extra help is necessary for weekends.
Page 3 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m. •
(LMCD REPORT — Lili McMillan, Continued)
Murphy maintained that the budget is available for additional deputies; however, the sheriff has
chosen to spend the money elsewhere.
Tn r11,2A,R ?lan reported that the 2002 «'e *.er Quality A.alysis was completed and showed
that high amounts of rainfall caused higher concentrations than usual of phosphorous in bays like
Crystal Bay due to the flushing effect.
PRESENTATION
3. 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT — Ken Malloy
Ken Malloy, of the City's auditing firm, presented an overview of the 2002 Comprehensive Annual
Financial Report. While he noted that the City still needs to obtain one broker's certificate, he
pointed out that Orono follows state law and uses acceptable accounting practices.
Malloy reported that since Orono has relied less on state aid over the years, it is less impacted by
cutbacks at the state level. While the city cannot raise taxes to cover losses due to levy limits,
Malloy indicated that Orono is in good shape in comparison to other municipalities. He pointed
out that, while market values continue to go up in Orono and the state, Orono has a very small tax
rate growth as compared to state averages.
Malloy noted that Orono produces an average rate of revenue, uses little state funding, and has a is
higher cost for public safety services, in particular, due to providing police service to other cities.
These higher costs are offset by the revenues received from the cities. He pointed out that the new
reporting model which will take effect in 2 years will reflect the offsetting of revenues and
expenditures more readily. He stated that the operating results, sewer operating fund, water fund,
and other enterprise funds seem to be self sufficient. While the golf course operating fund has
operated at a loss for two years, Malloy acknowledged that this is typical of what's occurred in
other cities due to wet weather in previous years.
Malloy reported that, due to new fraud standards in the industry, the auditing profession is trying to
ask more questions of its clients, provide more communication, and leave no `stone unturned'.
In conclusion, Malloy stated that Orono's financial records were in very good condition, a credit to
the people handling the City's records accurately.
White recognized the City's accounting staff and administration for doing a great job for Orono.
He noted that the 2004 budget would reflect a reduced budget.
Murphy believed that Orono should be acknowledged for its accounting practices. He pointed out
that, while no industrial area exists, the tax rate is extraordinarily low, which he believed was worth
acknowledging.
LJ
Page 4 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
PUBLIC COMMENTS
While not on the agenda, John Jones, 3490 North Shore Drive, asked to present the process he'd
endured in an attempt to build a new home. While he had since received his permit, Jones
explained that the biggest problems he faced during the planning process were the height restriction
and lack of a 2 '/2 story dcfnition. Originally, Planner Paul Weinberger assisted Jones in his
planning, acknowledging that the City did not possess a'' /2 story definition. During a Planning
Commission meeting, Jones explained that Gaffron used a definition from an architectural guide
and an example from Edina's code, which allowed 60% living space above 5' in height; whereas,
40% of the story needs to be below 5' high for the half story. Jones showed overheads depicting
what was approved. He pointed out that Edina's code excludes the stairway from the calculation;
however, when he attempted to pick up his permit from Orono, Orono indicated that they would
not exclude the stairway from the calculation. Jones questioned why, if Orono had no definition of
its own, and used Edina as its model, why the stairway would not be excluded, similar to the code
they quoted.
White asked what size home they were proposing.
Jones indicated that the home fit a mere 1300 s.f. footprint. While he understood the City's desire
to restrict massing, Jones pointed out that discussions regarding this small home have been ongoing
for over a year with the City.
• Murphy asked Jones to identify the specific issue he had with the process.
Jones explained that, since the City has not defined its definition and adopted that of Edina's and
the architectural guide, he did not know how to go about applying for a variance. He stated that he
has not requested any height variance, and does not wish to do so; however, Jones would like to
alter the space on the half story to exchange the unlivable stairwell space for livable space. In
addition, the building inspector told him he must enclose the half story deck and cuuiii A as living
space. Jones asked the Council to acknowledge that the plan he had submitted met code and
complied with the 30' height limit and pseudo half story definition, pulled from Edina's ordinance
and the architectural guide.
Charlotte Lipa, 3490 North Shore Drive, pointed out that the half story definition referred to by the
Planning Commission and Gaffron was never added to the zoning code. She voiced her frustration,
after running in circles and having done additional research of other community's codes over the
past year, Lipa asked the Council to come to some type of resolution for them. Since no code
exists, no building inspector seems to be able to sign off on their request, nor do they know how to
ask for a variance to get what they want.
Jones added that, during the planning process, they came before the Planning Commission 3-4
times with different plans based on different requirements thrown at them each time they came
before the Commission.
Lipa reported that, after many weeks and many calls waiting for the building inspector to review
their permit application, it wasn't until the day before her excavator was scheduled when she
showed up to pick up the permit that Oman flagged their permit saying they did not meet the
• definition they were given for the half story.
Page 5 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m. •
(PUBLIC COMMENTS, Continued)
Sansevere asked Moorse how staff could streamline the process for this couple to obtain their
permits and get the definition they need from us to proceed.
Lipa stated that she had spoken to Moorse and asked, if they could not get on the agenda, if they
should present their case to Council.
Jones stated that Moorse indicated that the Planning Commission had given them a working half
story definition to follow; however, Jones maintained that the definition continues to be
incomplete, i.e. the stairway and deck issues.
Sansevere asked Jones if he was not satisfied with the definition provided.
Gaffron explained that the Planning Commission has been wrestling with the issues of height and
massing over the past 1 '/z years, pointing out that the 'h story definition is just a small piece of that
issue. He stated that, since 1967, the City has had a definition in place that limits building height
to 30' or 2 % stories and absent a true definition of the half story, staff reviewed other
cities'definitions and the architectural guide to find a standard which could be administered until
the City could establish its own definition on the topic.
Murphy asked what phase the Jones application was in.
Gaffron stated that the Jones' went thru the variance process; however, he did not believe that the
Planning Commission had heard their specific problems presented this evening.
Sansevere asked the height of the proposed home.
Jones indicated 30' by the City definition of height.
Sansevere asked why the City could not simply look at the issue as a matter of height; therefore,
allowing the applicant to proceed since he does not exceed the height limitation.
Gaffron stated that, oftentimes, height depends on the topography of a lot.
Lipa pointed out that liking or disliking the definition was not the issue. Lipa maintained that they
had gone to great lengths, great costs and delay, trying to meet the City's `definition' of a half
story. She reiterated the difficulty they have faced trying to calculate their half story where no
calculation has been established, can they exclude the stairway or not etc. She indicated that their
whole experience has been awful and they do not want others to have to go through this same
process.
White pointed out that there is a hole in the lot now waiting to have a home built upon it. He
believed it would benefit the city to see them get a nice home put up to replace the ugly old shack
there currently.
Attorney Barrett asked for clarification, noting the applicant had not requested a variance for height
and has met the 30' height requirement including the half story. •
Page 6 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
(PUBLIC COMMENTS, Continued)
Gaffron stated that the Joneses had not requested a height variance.
Barrett disagreed with the statement from Gaffron that there is no solid language in the code of a
definition, when in actuality it does state you can go to 2 '/z stories or 30' tall. Barrett cautioned that
if the code states 30' or 2 '/2 stories are allowable the City must administrate this based on an
accepted interpretation, and apply it systematically to all applications. The City has the ability to
define the half story as long as it applies it systematically and reasonably.
Sansevere asked if Gaffron could meet with the applicants to resolve the issues.
Gaffron stated that the City has issued a permit it is comfortable with. He stated that the only thing
that would change is telling staff that their interpretation is wrong and the applicants could go thru
an administrative appeal process.
Barrett agreed that, procedurally, the appeal process would be helpful. Since the applicants had
received a permit for work they don't want, in essence, they have been denied the permit they do
want, and it is the denial of that permit by staff that needs to be focused on and brought before the
Council for reconsideration. Barrett was hesitant to encourage the appeal process from the
standpoint that staff does not seem to have a strong grip on the facts regarding what constitutes the
half story.
• Murphy asked when the building permit was obtained and applied for and what caused the delay.
In addition to the half story definition, Jones acknowledged that they had taken time to redesign the
main level living space to accommodate a larger kitchen.
Lipa reiterated the fact that they appeared before the Planning Commission 3-4 times in an effort to
meet the ever changing definition of the half story and they wished to save others from the same
fate.
Jones stated that they had hoped they might be able to move forward on their construction with the
Council's blessings. He repeated that they have not asked for a height variance to accomplish this;
however, they cannot ask for a variance to their half story when there is no code to apply it to.
As they were unable to meet the deadline to be placed on the agenda, Lipa stated that she had
spoken to Moorse and flat out asked him if the Council could make a motion off their public
comment piece and he responded that, while it was seldom done, it was possible.
Moorse indicated that he advised the applicants to provide a letter for review by the Council prior
to the meeting, if possible, on which to base their recommendation, but also indicated that a
Council member could choose to make a motion.
While he recognized they'd been faced with a frustrating year, part the City's fault due to the lack
of definition and part their own, Murphy did not know how to help other than referring the Joneses
back to staff to work with them to create a plan that could come back formally before Council. He
•
Page 7 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m. •
(PUBLIC COMMENTS, Continued)
indicated that, since they have a building permit in hand, they could begin their building process
and come back.
Jones asked how soon they might be heard.
Since no clear definition exists, Moorse asked the Council and staff if they would be comfortable
trying to reach a definition for the applicants to base their appeal upon. As the Joneses disagree
with staff's current interpretation, Moorse asked how the Council would proceed.
Murphy stated that he would be hesitant wrestling with a definition without Gaffron and staff's
input.
Jones reiterated that he would be willing to ask for a variance if it could be determined what code
the variance could be applied to.
ZONING ADMINISTRATOR'S REPORT
*4. #03 -2839 BOYER BUILDING CORPORATION — 3320 WATERTOWN ROAD —
FINAL PLAT APPROVAL — RESOLUTION NO. 5025
Murphy moved, White seconded, to adopt RESOLUTION NO. 5025, a Resolution granting •
Final Plat approval to Boyer Building Corporation, 3220 Watertown Road. VOTE: Ayes 3,
Nays 9.
*5. #03 -2907 JEFF AND CARA ZIEBARTH — 720 NORTH ARM DRIVE — VARIANCES —
RESOLUTION NO. 5026
Murphy moved, White seconded, to adopt RESOLUTION NO. 5026, a Resolution granting
variances per the newly revised site plan, grading plan, plan /elevation depictions, and
colonnade design to allow a new residence to be constructed on the property located at 720
North Arm Drive. VOTE: Ayes 3, Nays 0.
6. #03 -2919 KEVIN AND DEBORAH THOMPSON — 90 MYRTLEWOOD ROAD —
VARIANCES
Murphy moved, Sansevere seconded, to table Application #03 -2919, Kevin and Deborah
Thompson, 90 Myrtlewood Road, in the applicants' absence. VOTE: Ayes 3, Nays 0.
*7. #03 -2922 IMAGINALITY ON BEHALF OF MIKE CASHMAN —1685 FOX STREET —
VARIANCES — RESOLUTION NO. 5027
Murphy moved, White seconded, to adopt RESOLUTION NO. 5027, a Resolution granting
wetland setback variances for 1655/1685 Fox Street to allow placement of address
monuments. VOTE: Ayes 3, Nays 0.
•
Page 8 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
*8. #03 -2927 JAMES AND LINDA MARTINSON —1435 PARK DRIVE — VARIANCE —
RESOLUTION NO. 5028
Murphy moved, White seconded, to adopt RESOLUTION NO. 5028, a Resolution granting
lot area and lot width variances to construct a 3,608 s.f. single family home on the .75 acre
with defined lot width of 95' at the lake and 100' at the 75' setback. VOTE: Ayes 3, Nays 0.
*9. #03 -2930 STREETER AND ASSOCIATES ON BEHALF OF RICHARD AND
DELORES LITTLE, 2775 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO.
5029
Murphy moved, White seconded, to adopt RESOLUTION NO. 5029, a Resolution granting
hardcover variances in order to replace driveway hardcover with a 22' X 25' garage addition
for the property located at 2775 Shadywood Road. VOTE: Ayes 3, Nays 0.
*10. #03 -2931 TIMOTHY AND KRISTI OSTERBERG, 1045 LOMA LINDA AVENUE —
VARIANCES — RESOLUTION NO. 5030
Murphy moved, White seconded, to adopt RESOLUTION NO. 5030, a Resolution granting a
front yard setback variance of 28' where 35' is required to replace an existing attached
garage for 1045 Loma Linda Avenue. VOTE: Ayes 3, Nays 0.
• *11. #03 -2932 MICHAEL HAYES OF MICHAEL HAYES HOMES ON BEHALF OF
ALBERT TRAPENESE, 3220 BOHN'S POINT LAND — VARIANCES — RESOLUTION
NO. 5031
Murphy moved, White seconded, to adopt RESOLUTION NO. 5031, a Resolution granting a
Conditional Use Permit to place a detached accessory structure on a through lot, and also a
variance in order to place that detached accessory structure 20' from a street side lot line
where a 35' setback is required. VOTE: Ayes 3, Nays 0.
*12. #03 -2933 GARY NECE ON BEHALF OF ROBER : AND BRENDA MACDONALD,
2480 OLD BEACH ROAD — CONDITIONAL USE PERMITS — VARIANCES —
RESOLUTION NO. 5032
Murphy moved, White seconded, to adopt RESOLUTION NO. 5032, a Resolution granting a
Conditional Use Permit to allow plumbing in an accessory building for a toilet room in the
new detached garage /entertainment room and a non - rental guest apartment above the
existing garage. Approval of a variance to allow a separate water meter and approval of a
hardcover variance for the 75' -250' zone subsequent to hardcover removals which amount to
the area of hardcover being added for the property located at 2480 Old Beach Road. VOTE:
Ayes 3, Nays 0.
13. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE —
VARIANCES — RESOLUTION NO. 5033
Waataja explained that the applicants request the following variances to construct a new home:
1. Lot area variance to allow reconstruction of a home on a .49 acre lot when .5 acres is required.
Page 9 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m. •
(13. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE,
Continued)
2. Lot width variance to allow reconstruction of a home where the width at the shoreline and 75'
setback is 60' when 100' is normally required.
3. Hardcover variance to allow 6% hardcover in the 0 -75' zone when 0% is allowed and to allow
37% hardcover in the 250 -500' zone when 30% is allowed.
The Planning Commission recommended on a 4 -1 vote approval consistent with staff's
recommendation for:
1. Approval of the lot area variance to allow reconstruction of a home.
2. Approval of the lot width variance to allow reconstruction of a home.
3. Denial of the hardcover variance to allow 6% hardcover in the 0 -75 foot zone when 0% is
required to be consistent with what has been approved on rebuild lots.
4. Approval of the hardcover variance to allow 37% hardcover in the 250 -500' zone when 30% is
required due to the minimal area allotted in this zone and sight visibility triangles which result in a
larger driveway.
Hawn cast the dissenting vote allowing the deck to remain in the 0 -75' zone.
Bruce Meese stated that they were hesitant to remove the deck, as it was attached to the existing
concrete retaining wall, and they would be concerned it might adversely impact the support
provided by the wall. •
Ms. Murphy stated that Otten Brothers had indicated that if the deck is removed they would need to
add additional stone rip rap to stabilize the steep slope. While she explained that it is their desire to
comply, she did not feel removing hardcover to be replaced with new hardcover was a good
solution.
White asked why the deck and wall system wasn't seen as a hardship, since it holds up the steep
slope.
Gaffron stated that, in staff's perspective, we do not know whether removing the deck from the
wall system will negatively impact the stability of the slope. He recognized that the neighbor also
has the same concrete wall system retaining their slope.
Ms. Murphy stated that they performed recent repairs to the deck and covered the ugly concrete
wall with cedar in order to disguise it naturally.
Waataja stated that the applicants would be allowed steps up the hill and a landing.
Sansevere questioned if having the applicant remove the decking along the concrete wall was a
better solution, thus leaving the ugly exposed concrete instead.
White noted that the applicant had no flat space at the shoreline to put anything.
Gaffron acknowledged that the positive impact is that the deck could be helping hold up the slope,
negatively, the hardcover is not allowed by code. He also questioned if it would be a worse visual •
Page 10 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
(13. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE,
Continued)
impact to remove the decking and expose the concrete wall than it would be to allow the natural
cedar to remain.
White felt this was a visual hardship if nothing else and asked what constituted the hardcover.
Gaffron stated that the deck floor and superstructures would constitute the hardcover and it is
unclear whether they are holding anything up.
Murphy agreed that, aesthetically, the applicants would be better off covering up the concrete wall.
Ms. Murphy agreed, stating that they tried to lose it in a natural state by covering it with the cedar.
Sansevere asked Barrett if there were any hardship they could apply to this variance request.
Barrett stated that the City cannot grant a variance based solely on aesthetics; however, if they
determine the decking to be part of the superstructure it would be a necessary part of the retaining
wall.
Sansevere moved, White seconded, to table the hardcover variance request of Application
• #03 -2936, Bruce Meese and Maureen Murphy, 3135 Casco Circle in order to obtain an
engineer's opinion regarding the retaining wall and decking system. VOTE: Ayes 3, Nays 0.
moorse pointed out that the applicants stiouut ontaut an tnuepenuent engineer's report, so that the
City is not liable if something happens.
Sansevere moved, White seconded, to adopt RESOLUTION NO. 5033, a Resolution
approving the lot area, lot width variances, and hardcover variances to allow 37% hardcover
in the 250 -500' zone when 30% is required due to the minimal area allotted in this zone and
signt visibiiiiy triangles which result in a larger driveway to allow reconstruction of a home at
3135 Casco Circle. VOTE: Ayes 3, Nays 0.
*14. #02- 2789/02 -2840 DAHLSTROM DEVELOPMENT, LLC, "2550" WAYZATA
BOULEVARD — FORMAL APOPROVAL OF PRIVATE ROAD NAMES FOR
"STONEBAY"
Murphy moved, White seconded, to approve the names for private roads within the plat of
Stonebay as presented in the staff memo dated August 21, 2003. VOTE: Ayes 3, Nays 0.
MAYOR/CITY COUNCIL REPORT
23a. RECOGNIZING ORGANIZERS OF CASCO POINT NEIGHBORHOOD NIGHT OUT
EVENT — RESOLUTION NO. 5034
White read a Resolution thanking Mary Tucker and Laura Dotzenroth for organizing the Casco
• Point Neighborhood Night Out event held Tuesday, August 5, 2003. The resolution congratulated
Page 11 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m.
(23a. RECOGNIZING ORGANIZERS OF CASCO POINT NEIGHBORHOOD NIGHT
OUT EVENT, Continued)
10 volunteers who coordinated the event for 130 families, including food, cash donations, and
volunteer services. He recognized the Westonka Lions for contributing the brats and hot dogs and
Tropical Breeze for supplying the music.
White moved, Murphy seconded, to adopt RESOLUTION NO. 5034, a Resolution
recognizing the organizers of the Casco Point Neighborhood Night Out Event. VOTE: Ayes
3, Nays 0.
Sansevere distributed a flyer to the media representatives regarding an upcoming police fundraiser
to be held on September 18, 2003.
Murphy reported that the Highway 12 reconstruction work had begun in earnest, acknowledging
the fact that, many of the trees in its path have begun to be clear cut to make room for the highway
project.
Sansevere asked Moorse whether past Council member Nygard had refunded the City a portion of
his paycheck after his recent resignation. Moorse indicated that Nygard had provided the requested
refund.
PUBLIC SERVICE DIRECTOR'S REPORT
*15. WAYZATA SEWER AGREEMENT — OLD LONG LAKE ROAD
Murphy moved, White seconded, to approve the Sewer Agreement with the City of Wayzata
for sanitary sewer service for the Old Long Lake Road area. VOTE: Ayes 3, Nays 0.
*16. REQUEST FOR FINAL PAYMENT — T1112/WILLOW TRAFFIC SIGNAL
IMPROVEMENTS
Murphy moved, White seconded, to approve Request for Final Payment, TH12/Willow
Traffic Signal Improvements to Egan McKay Electrical Contractors Inc. in the amount of
$12,550.00 VOTE: Ayes 3, Nays 0.
*17. REQUEST FOR FINAL PAYMENT — HERITAGE DRIVE SANITARY SEWER
EXTENSION PROJECT
Murphy moved, White seconded, to approve Request for Final Payment, Heritage Drive
Sanitary Sewer Extension Project to E.J. Mayers Inc. in the amount of $4,233.25 VOTE:
Ayes 3, Nays 0.
Page 12 of 14
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•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
• 7:00 o'clock p.m.
*18. CHANGE ORDER NUMBER 1— NORTH LONG LAKE EAST SANITARY
SEWER PROJECT
Murphy moved, White seconded, to approve Change Order Number. 1, North Long Lake
East Sanitary Sewer Project for E.J. Mayers Inc. in the amount of $2,000.00 VOTE: Ayes 3,
Nays 0.
*19. REQUEST FOR FINAL PAYMENT —NORTH LONG LAKE EAST SANITARY
SEWER PROJECT
Murphy moved, White seconded, to approve Request for Final Payment, North Long Lake
East Sanitary Sewer Project to E.J. Mayers Inc. in the amount of $4,563.08 VOTE: Ayes 3,
Nays 0.
*20. REQUEST FOR FINAL PAYMENT — NAVARRE FIRE STATION SITE
IMPROVEMENTS
Murphy moved, White seconded, to approve Request for Final Payment, Navarre Fire
Station Site Improvements Project to F.F. Jedlicki Inc. in the amount of $68,501.76 VOTE:
Ayes 3, Nays 0.
CITY ADMINISTRATOR'S REPORT
• *21. APPLICATION AND CERTIFICATE FOR PAYMENT NO. 12 —LONG LAKE
FIRE STATION
0
Murphy moved, White seconded, to approve Application and Certificate for Payment No. 12
from Rochon Corporation in the amount of $60,378.53, to be funded from the Joint Fire
Account. VOTE: Ayes 3, Nays 0.
*22. LONG LAKE FIRE STATION DRAINGE PLAN
Murphy moved, White seconded, to approve the plan to resolve the drainage issues at the
Long Lake Fire Station, with the condition that the warranty period for the approved work
wiii uoi begin undi the acceptance of the completed work by the Cities. VOTE: Ayes 3, Nays
0.
*23. DISPOSAL OF EXCESS PUBLIC WORKS VEHICLE — HENNEPIN COUNTY
AUCTION
Murphy moved, White seconded, to declare public works vehicle #712, a 1994 Chevrolet one -
ton truck, as excess city property and to authorize its sale by participation in the Hennepin
County auction to be held at 10:30 a.m., on Saturday, September 20, 2003, at Hennepin
County Department of Public Works, 1600 Prairie Drive, Medina. VOTE: Ayes 3, Nays 0.
Page 13 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 25, 2003
7:00 o'clock p.m. •
23a. RECOGNIZING ORGANIZERS OF CASCO POINT NEIGHBORHOOD NIGHT OUT
EVENT — RESOLUTION NO. 5034
See MAYOR/COUNCIL REPORT.
CITY ATTORNEY'S REPORT
Attorney Barrett had nothing to report.
*24. LICENSES
CLUB FIREARM USE PERMIT
1. Annual permit for Trap Shooting
Park Gun Club
3660 Sixth Avenue North
Murphy moved, White seconded, to approve the permit for Trap Shooting requested by Park
Gun Club. VOTE: Ayes 3, Nays 0.
*25. BILLS
Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes
3, Nays 0. •
ADJOURNMENT
Murphy moved, White seconded, to adjourn the Orono City Council Meeting of August 25,
2003 at 8:48 P.M. VOTE: Ayes 3, Nays 0.
ATTEST:
Linda S. V ee, City Clerk
Page 14 of 14
Barbara Peterson, Mayor