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HomeMy WebLinkAbout10-27-2003 Council MinutesIN MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 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, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Foth and Janice Waataja, Public Service Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Kristi Anderson. Mayor Barbara Peterson was absent. After City Administrator Moorse dispensed the Oath of Office to Council Member Lili McMillan, Acting Mayor Sansevere called the meeting to order at 7:03 P.M. CONSENT AGENDA 1. Approve /Amend Council members added items #6, 8, 16, 18, and 19 -25 to the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. • APPROVAL OF MINUTES *2. Regular Council Meeting of October 13, 2003 Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting of October 13, 2003 as presented. VOTE: Ayes 4, Nays 0. PUBLIC HEARING 3. CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES — RESOLUTION NO. 5062 Acting Mayor Sansevere opened the public hearing at 7:06 P.M. There were no public comments. Murphy moved, White seconded, to close the public hearing at 7:09 P.M. VOTE: Ayes 4, Nays 0. White inquired whether any commercial properties were represented on the delinquent list. • Gappa stated that he had not reviewed the entire list and could not be sure. PAGE 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. 3. CERTIFICATION OFDELINQUENT UTILITIES AND GENERAL SERVICE FEES — RESOL UTION NO. 5062, Continued Acting Mayor Sansevere moved, White seconded, to Adopt RESOLUTION NO. 5062, a Resolution providing for the collection of delinquent charges for the 2004 sewer and water utility services, the septic inspection program, he recycling program, the false alarms, developers improvement fees, and other general service fees. VOTE: Ayes 4, Nays 0. PRESENTATION 4. SALLY KOENECKE, LAKE MINNETONKA COMMUNICATIONS COMMISSION — 2004 PROPOSED BUDGET is Ms. Koenecke provided the City Council with the LMCC's projected revenues and expenses for 2004, as well as, their beginning and ending fund balances. She explained that the budget format includes three separate funds: Franchise Administration, Studio /Access Production, and Capital Improvements Fund. In addition, she pointed out that the LMCC is not funded by tax dollars, but instead its operating budget is derived from cable franchise fees, PEG fees to cable subscribers, studio /production usage fees and rentals. She added that Mediacom, the cable provider, had recently filed a notice of • competition, with the advent of satellite. This is part of an effort by Mediacom to eliminate the ability of the LMCC to regulate basic cable TV rates. Koenecke stated that John Peterson filled a new position for the LMCC producing programs for the cities and she encouraged Orono to relay any pertinent City issues to him for production. Murphy asked if it would be appropriate for Mr. Peterson to produce a series of documentary programs with regard to the ongoing Highway 12 corridor project. He believed the more exposure and information the cities could relay to the public about the construction project the better, since it will be ongoing for several years. Koenecke stated that the LMCC does provide a news program and suggested the City of Orono contact Mr. Peterson. Murphy stated that the corridor project affects numerous communities and everyone who commutes along that roadway. He was confident that most cities would like to talk about the project. Sansevere asked if there was any hope cable would be offered to residents in the 5 acre zone, mostly as a high speed internet access connection. • PAGE 2 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. 4. SALLYKOENECKE, LAKE MINNETONKA COMMUNICATIONS COMMISSION-2004 PROPOSED BUDGET, Continued Although residents could try to request service on an individual basis, Koenecke stated that, overall, service was doubtful based on the franchise agreement's requirement regarding minimum housing density for service extension. Murphy moved, White seconded, to approve the 2004 LMCC Budget. VOTE: Ayes 4, Nays 0. 4A. FIRE SERVICE REPORT Excelsior Fire Chief Mark DuCharme and Long Lake Assistant Fire Chief Tony Roe reported that progress on the Navarre Station was moving along rapidly, as windows, generators, sheet rock, and some of the landscaping had been installed. Completion was expected for the first part of December. Sansevere acknowledged that both departments had selflessly dedicated their time and service to the completion of the project and complimented the Chiefs for their phenomenal devotion in this endeavor. is DuCharme stated that, not only are the Long Lake and Excelsior departments excited about the project, representatives of other communities have also visited the site. He indicated that training of personnel by both departments is ongoing and that the recruits will be observing a burn in mid November for training purposes. DuCharme noted that, by bringing all three communities together, they have also secured good pricing on equipment and apparatus. Murphy thanked the two Chiefs for their effort and acknowledged Roe for securing grants and funding assistance for the station and its equipment. He asked how things were progressing on the Long Lake Fire Station grading project. • Roe reported that things are moving slowly, although the curbs are in and grading being performed, he was not sure when the final blacktopping would occur. DuCharme and Roe paid tribute to one another and thanked the City for its support. As a neighborhood which houses half the Orono population, White noted that the completion of the Navarre Fire Station is a huge accomplishment that the City does not take lightly. PAGE 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. PARK COMMISSION COMMENTS — Irene Silber Although Silber had nothing new to report, she thanked the City Council for scheduling a Joint Work Session with the Park Commission on `ovember 13th, which she learned of from the newspaper. Sansevere apologized that the Commission was not informed prior to the date being published. PLANNING COMMISSION COMMENTS - J. Mark Fritzler Although he had nothing new to report, Fritzler indicated that he would be available for questions regarding any applications being discussed under the Zoning Administrator's Report. LMCD COMMENTS — Lili McMillan • While Hennepin County paid 100% of the costs for the 2003 water patrol presence of two additional deputies, McMillan reported that the 2004 budget is in question. She stated that the County plans to meet later this week to discuss budget cuts and if this is one of the items cut from the budget, the LMCD plans to stay on top of this issue to uncover other • alternatives. McMillan reported that the LMCD plans to appeal a recent district court ruling which went against the LMCD. She explained that over the summer a boater nearly hit a deputy boat on the lake, when the deputy pulled the driver over. he ticketed the driver for careless driving, as well as, having no fire extinguisher or life jackets aboard. The driver challenged the charge in court that they were subject to an unlawful search and the district court overturned the charges. McMillan stated that the implications of this ruling are devastating; therefore, the LMCD is appealing the district court decision. Sansevere questioned what would happen if this ruling were to stand, no one would have to carry these items on board their craft, or answer deputy's questions. McMillan stated that, fortunately, a similar case before the Supreme Court ruled in favor of the DNR with regard to searches and she hoped the same would be true in this instance. In addition, McMillan reported that zebra mussels had been found in a second lake in Minnesota near Cross Lake in the Brainerd area. She pointed out that the lake does eventually drain to the Mississippi River and questioned the consequences. PUBLIC COMMENTS There were none. PAGE 4 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. • ZONING ADMINISTRATOR'S REPORT 5. #02 -2858 SCOTT STANDA, 2659 CASCO POINT ROAD — VARIANCE (AFTER- THE -FACT) As the applicant was not present, the City Council chose to table the application for further discussion. Acting Mayor Sansevere moved, Murphy seconded, to table Application #02 -2858, Scott Standa, 2659 Casco Point Road, for later discussion. VOTE: Ayes 4, Nays 0. *6. #02 -2873 CITY OF ORONO — 2000 -2020 COMPREHENSIVE PLAN AMENDMENT #1 — OLD LONG LAKE ROAD MUSA — RESOLUTION NO. 5063 Murphy moved, White seconded, to adopt RESOLUTION NO. 5063, a Resolution approving Amendment No. 1 of the 2000 -2020 City of Orono Community Management Plan, adding certain properties along Old Long Lake Road to the defined Metropolitan Urban Service Area. VOTE: Ayes 4, Nays 0. 7. #03 -2929 JEFF MARTINEAU, 2565 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5064 • Gaffron explained that the applicant requests a Conditional Use Permit for plumbin g in an accessory structure, to allow installation of a half bath (toilet, sink, and shower) in a proposed detached garage with upper level exercise and sitting room. The applicant has agreed to concurrent hardcover removals so that the property will remain in hardcover compliance after construction of the new accessory building. Gaffron noted that the applicant has also agreed to eliminate the initially proposed kitchenette so that this will not have the potential to function as a guest house. Gaffron indicated that staff recommends approval of the CUP for plumbing in an accessory structure, subject to elimination of the kitchenette from the proposal, and subject to the standard code restrictions on use of the structure: - cannot be used for a home occupation unless allowed by home occupation ordinances - cannot be used as a dwelling unit unless Guest house CUP is obtained - cannot be rented, leased, or otherwise provided for use as dwelling Furthermore, Gaffron stated that staff would recommend concurrent removals of excess hardcover be required as proposed, to result in a final hardcover not exceeding the site's hardcover allotment of 7530 s.f. for the area between 0 -250'. White moved, Acting Mayor Sansevere seconded, to adopt RESOLUTION NO. 5064, a Resolution granting a Conditional Use Permit for plumbing in an accessory • structure, subject to the elimination of the kitchenette from the proposal, to the PAGE 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. • 7. #03 -2929 JEFF MARTINEA U, 2565 NORTH SHORE DRIVE —CONDITIONAL USE PERMIT— RESOL UTION NO. 5064, Continued standard code restrictions on use of that structure, and concurrent removals of excess hardcover per the Planning Commission recommendation. As a follow -up to the neighbor's request, Murphy confirmed with and thanked the applicant for his willingness to postpone construction until after Mr. Callahan has moved. Mr. Martineau obliged the request. VOTE: Ayes 4, Nays 0. *8. #03 -2934 JASON BLISS, 3445 CRYSTAL BAY ROAD, VARIANCE - RESOLUTION NO. 5065 Murphy moved, White seconded, to adopt RESOLUTION NO. 5065, a Resolution approving the lot area and lot width variances, side street setback variances per the Planning Commission recommendation, and approval of the 75 -250' hardcover at 1,838 s.f. in order to construct a new residence on the property located at 3445 Crystal Bay Road.VOTE: Ayes 4, Nays 0. • *9. #03 -2941 PAUL CADY, 465 TURNHAM ROAD, CONDITIONAL USE PERMIT - RESOLUTION NO. 5066 Murphy moved, White seconded, to adopt RESOLUTION NO. 5066, a Resolution granting a Conditional Use Permit to construct a barn on a `through' lot located at 465 Turnham Road, subject to its proposed location on the submitted plans. VOTE: Ayes 4, Nays 0. 10. ROBERT AND JANET LABALT, 3202 NORTH SHORE DRIVE — VARIANCE Waataja reported that the applicants have requested the following variances to construct an addition, approximately 515 s.f., to the existing home. 1. Hardcover variance for the 75 -250' zone to allow 37.6% hardcover when 25% is normally allowed and 50.5% currently exists. 2. Hardcover variance for the 250 -500' zone to allow 42.7% hardcover when 30% is normally allowed and 55% currently exists. 3. Side yard setback variance to allow a setback of 2.8 feet when 10' is required and 2.8' currently exists. 4. Structural coverage variance to allow 19.4% when 15% is required. While the applicant had met with staff to discuss other options, Waataja indicated that it was their preference to move forward with their original plan, which the Planning is PAGE 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 • 7:00 o'clock p.m. 10. ROBERT AND JANET LABALT, 3202 NORTH SHORE DRIVE — VARIANCE, Continued Commission and staff had recommended for denial since the increases in structural coverage go beyond what is allowed by Code. Waataja further explained that it was staff's opinion that no unique hardship has been presented which would justify expanding the current home's footprint, given alternatives for an addition exist. Waataja indicated that staff had recommended the applicants consider building an attached garage with living space above. Mr. Labalt stated that, in his opinion, adding a second story to his small home would give it the appearance of a silo and block the view of the lake to his neighbor to the rear. He urged the Council to consider the fact that he lives next to a commercial property and that his is a substandard lot when making their decision. He felt his proposal was the only way to go and did not wish to build a three story tall home. Acting Mayor Sansevere asked whether any hardships could be found with the topography to support the expansion out versus upward. He, too, believed the effect would be a silo. Waataja stated that staff could not find any unique hardship to warrant the request. She • pointed out that most of the new constructions around him were 2 '/z story homes without variances. Labalt stated that `most' but not all meet the definition; however, he believed his conditions were different. Murphy asked what the City wished to accomplish, other than strict adherence to the codes. Waataja stated that the applicant could be in compliance by attaching his garage and building a second story. Gaffron stated that, currently, the applicant has made inefficient use of the property with the detached garage, and Gaffron would recommend the applicant design a tuck under style garage. McMillan pointed out that it is critical that the City maintain the integrity of the structural coverage requirement when other options are available. Acting Mayor Sansevere maintained that massing also occurs when properties are forced to build up and not just out. Gaffron pointed out, that perhaps unfortunately, the Ordinances have encouraged people to • build up versus out based on hardcover restraints. He noted that, while the Planning PAGE 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. 10. ROBERT AND JANET LABALT, 3202 NORTHSHORE DRIVE — VARIANCE, Continued Commission has wrestled with the density of structure over the past several years, this house is under its structural coverage now. Murphy questioned how high the structure might be and whether he would gain the same space if the applicant followed the staff recommendation to attach his garage. Gaffron stated that, with the tuck under garage and walkout, the home would essentially have three stories and rise approximately an additional 8'. Acting Mayor Sansevere wrestled with the issue of massing and forcing conformance which would create an eye sore or lighthouse effect. While Murphy was also empathetic, he failed to find a hardship to support the request and believed more could be done to ensure a proper design. White pointed out that State rules stipulate the City must be able to support their decision with an identifiable hardship, which they cannot do in this case. • Acting Mayor Sansevere asked the applicant whether he would like the Council to act on • what's in front of them or take more time to meet with staff to consider their options. Waataja pointed out that an extension notice would need to be signed. Attorney Barrett suggested the Council deny the proposed application for lack of a hardship; with the provision that if the applicant signs the 60 day rule extension notice, the Council will continue the application to give the applicant additional time to work with staff rather than having to reapply in 60 days. Murphy moved, McMillan seconded, to deny Application #03 -2943, Robert and Janet Labalt, 3202 North Shore Drive, due to the increases in structural coverage beyond what is allowed by Ordinance and lack of a definable hardship; however, upon the condition that the applicant signs an extension, the denial action will be replaced with a continuation action so that they may continue to work with staff to redesign the proposal. VOTE: Ayes 4, .Nays 0. • PAGE 8 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. *11. #03 -2952 GREG TRIPP, 3229C CASCO CIRCLE, VARIANCE — RESOLUTION NO. 5067 Murphy moved, White seconded, to adopt RESOLUTION NO. 5067, a Resolution granting Average Lakeshore Setback, Hardcover, and Lake Setback Variances to change the roofline and pitch of the roof, add dormers, and improve the overall design aesthetically, subject to the removal of the 128 s.f. wooden stairs on the south side of the home and any plastic /fabric liner from the planting /rock beds on the property located at 3229 -C Casco Circle. VOTE: Ayes 4, Nays 0. 12. #03 -2954 HOWARD R. ALTON, III, 1635 CONCORDIA STREET, VARIANCE As the applicants were not present, the Council tabled the application for later discussion. Murphy moved, McMillan seconded, to table Application #03 -2954, Howard R. Alton III, 1635 Concordia Street, for later discussion. VOTE: Ayes 4, Nays 0. *13. #03 -2955 MICHAEL PALM, 710 BIG ISLAND, VARIANCE — RESOLUTION NO. 5068 Murphy moved, White seconded, to adopt RESOLUTION NO. 5068, a Resolution • approving the average lakeshore setback and lot area variances to allow construction of a 3- season cabin at 710 Big Island. VOTE: Ayes 4, Nays 0. *14. #03 -2956 HOSSNPAT CONSTRUCTION, 849 BROWN ROAD NORTH, VARIANCE — RESOLUTION NO. 5069 Murphy moved, White seconded, to adopt RESOLUTION NO. 5069, a Resolution granting a 68' encroachment on the average lakeshore setback to allow the construction of a new home at 849 Brown Road North. VOTE: Ayes 4, Nays 0. 15.03-2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, VARIANCE — RESOLUTION NO. 5070 Waataja explained that the applicant requests the following variances to construct an addition to the home and a detached garage: 1. Rear yard setback variance to allow an attached garage and house addition to be setback 32 feet when 50 feet is required. 2. Rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required. 3. Rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required. • In summary, Waataja indicated that the Planning Commission concurred with staff s recommendation on a 4/1 vote to: PAGE 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. 15. 03 -2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, VARIANCE — RESOLUTIONNO. 5070, Continued Approve the rear yard setback variance to allow an attached garage and house addition to be setback 32 feet when 50 feet is required due to limited alternate locations available for expansions, that the lot is substandard in size, and that the variance will not negatively impact the adjacent neighbors. 2. Deny the rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required due to it not being a necessary component of the addition and that it could be relocated. 3. Deny the rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required because the garage can be shifted to meet the setback. Furthermore, Waataja stated that, although the applicant requested a stairway access be allowed along the east side yard where an encroachment already exists, staff did not believe this was appropriate. • Mr. Thies stated that the purpose of this proposed open staircase would be to provide him access from his three season porch over the garage to the ground where his children would is be playing. He stated that, currently, he must walk through the entire home before reaching the ground level. He felt that, in case of an emergency, he wished to gain access to his children on the ground easier via the stairway. White stated that he would agree, the applicant should have access to the ground as an emergency measure to reach his kids outside rather than having to run through the whole house first. Murphy stated that the home does not exceed hardcover or structural coverage requirements, and while access is an inconvenience, it does not constitute a hardship. He asked if the applicant had held any discussions with the neighbor of the strip of land behind him. Thies stated that they have a handshake agreement that he wishes to buy the parcel. While McMillan concurred with the Planning and staff recommendation, she did not have a problem allowing the open staircase to the ground to infringe on the side setback. Sansevere concurred. McMillan moved, White seconded, to adopt Resolution No. 5070 for Joseph Thies, 1180 Willow Drive North, approving the rear yard setback variance to allow an • attached garage and house addition to be setback 32 feet when 50 feet is required, PAGE 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. • 15. 03 -2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, VARIANCE — RESOLUTIONNO. 5070, Continued denying the rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required, denying the rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required because the garage can be shifted to meet the setback, and approving the request for an open staircase along the east side to the ground for the home at 1180 Willow Drive North. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT White reported that he had received a note from Krista Carlson, recipient of the 2002 Orono City Council's scholarship, who is pursuing her degree at Arizona State, thanking them for their support. Murphy reported that he had attended meetings over the past week regarding Highway 12 dirt hauling issues. The committee had also sent a letter to Carol Molnau, the State Highway Commissioner, and met with Senator Johnson, Bob Winter and Mr. McFarland. He noted that Ames Construction did not show up at the recently scheduled meeting as they felt it was not in their best interest to be there. Murphy- stated that, after vigorous • discussion, they await a formal reply to their conversations. In addition, Ames has been put on notice of what is and is not acceptable to the City until a better dialogue can be established. Since those meetings, Murphy stated that he has also met N ith disgruntled property owners near the Ames staging site who've indicated that the office shed is directly on the property line and that trucks are arriving to work at 5:00 A.M. Attempts to ask Ames Construction to move the offices to the rear portion of the 6 acre parcel have been unsuccessful. Acting Mayor Sansevere pointed out that if the trucks are arriving to work at 5:00 A.M., they should be ticketed, since there are ordinances to comply with. Murphy indicated that the good news was that the temporary Willow bridge was nearing completion and should be ready for use by Thanksgiving. He noted that, currently, interruptions in Long Lake fire service have occurred due to construction. While Senator Johnson is in the middle of hearings on MnDOT ROW issues, he encouraged the City to stay at it for the sake of all Minnesota citizens. Murphy stated that he will continue to attend monthly meetings, the next scheduled for the third week of November, as well as, weekly Tuesday morning construction meetings in an effort to stay abreast of developments. • McMillan questioned whether other construction areas would be letting up, such as North Brown Road and Industrial Boulevard. PAGE 11 of 16 MINL7TES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. . MAYORICITY COUNCIL REPORT, Continued Moorse stated that the North Brown Road construction was scheduled for completion by next week. Gappa stated that the work on Industrial Boulevard should be complete now. Murphy stated that two things must happen, first, the citizens must acclimate themselves to the reality they will have to deal with over the next four years. As construction phases in and out of areas of Orono, the City must continue to effectively communicate this to its residents. Second, assurances from MnDOT have been given that this is the worst of it, as it tries to accomplish numerous things before the construction season winds down before winter. MnDOT has indicated that they ,%N ill sit down with the City over the winter to discuss the various phases and timeline. McMillan reminded staff how critical it is to be mindful of school bus traffic in the midst of construction. Murphy pointed out that Kurt Erickson has specifically been meeting with bus companies and their transportation committees to anticipate any future difficulties. Acting Mayor Sansevere reiterated the importance of enforcing the designated construction • hours of 7:00 A.M. White stated that the City of Minneapolis was forced to apply severe restrictions and penalties to contractors who failed to comply with the rules and meet proposed timelines. *16. HOUSING WEEK— PROCLA_NLATION Murphy moved, White seconded, to adopt the Proclamation setting the week of November 15 -22, 2003, as Housing Week in Orono. VOTE: Ayes 4, Nays 0. PUBLIC SERVICE DIRECTOR'S REPORT 17. 2530 FOX STREET DRIVEWAY — APPEAL OF ADMINISTRATIVE DECISION Gappa explained that in October 2002, the City reviewed two driveway access locations for new construction at 2530 Fox Street. At that time, staff recommended the driveway access be from the shared private drive; however, the property owner has requested the driveway access directly from Fox Street. Gappa stated that no decision from Council was reached during the 2002 meeting and the issue was tabled. The owner has submitted a second request for the appeal of an administrative decision on • the driveway location, which identifies the Fox Street access as Option 3, and two other PAGE 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. • 17.2530 FOX STREET DRIVEWAY— APPEAL OF ADMINISTRATIVE DECISION, Continued access points to the shared drive as Options 1 and 2. Gappa explained that Option 1 has a 23% grade which is too steep for a driveway and Option 2 requires the removal of several substantial trees. Gappa noted that several issues must be addressed regarding the driveway location, the first, is the City policy in the Comprehensive Plan that driveway access should be minimized on City streets for new developments. He pointed out that this policy has been somewhat inconsistent for smaller land divisions of this type. The second issue, is tree preservation. Gappa stated that the owners request for driveway access onto Fox is based somewhat on the preservation of several large trees that would be required to be removed if the driveway accessed the private drive. The third issue is safety. While the shared driveway scenario is flat, it is restricted by a large Oak tree close to the edge of Fox Street; whereas, option 3 directly accessing Fox Street has better visibility with a steeper slope. In summary, Gappa stated that from a general City policy viewpoint, the driveway should be onto the private shared driveway. He recommended that the Council review and weigh this policy against the issues of tree preservation and driveway safety as requested by the homeowner. • Acting Mayor Sansevere stated that, based on his first impression having visited the site, the home is situated for access off Fox Street, although his preference might have been the shared private drive access. I] John Boyer, the builder, Jim McNeil, the architect, and Julie Ann Johnson, the homeowner, were present. Ms. Johnson stated that they would be moving many trees on the site to intentionally block much of the view from Fox Street. It was her desire to maintain the white pines near the shared driveway access. McNeil maintained that the access off Fox Street would provide them fewer blind spots than the other options. He acknowledged that the home was designed facing Fox Street and that they did not believe getting the access off Fox would be an issue, since the home across the street has two curb cuts. Acting Mayor Sansevere indicated that he did not object to the Fox Street access and asked staff if they would concur. Gappa stated that he had no strong objections, other than the general policy to limit curb cuts. PAGE 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. 17.2530 FOX STREET DRIVEWAY— APPEAL OFADMINISTRATIVE DECISION, Continued McMillan stated that, having visited the site, she would not support Option 2, or even the slope of Option 1. McMillan believed that since the home was already built, it seemed to her most appropriate to place the driveway off Fox Street. Murphy concurred. Murphy moved, White seconded, to Appeal the Administrative Decision recommending the abandonment of Option 1 due to the steep grade, Option 2 due to the loss of trees and steep slope, in lieu of Option 3 which allows the driveway access directly from Fox Street. VOTE: Ayes 4, Nays 0. *18. ADOPT ASSESSMENT ROLL FOR HERITAGE DRIVE SEWER— RESOLUTION NO. 5071 Murphy moved, White seconded, to adopt RESOLUTION NO. 5071, a Resolution adopting the assessment roll for the Heritage Drive Sanitary Sewer Extension project. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *19. REQUEST FOR PAYMENT — NAVARRE FIRE STATION Murphy moved, White seconded, to approve the request for payment in the amount of $3,240.00 to Constructive Ideas, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 4, Nays 0. *20. RENEWAL OF THE POLICE SERVICE AGREEMENT WITH LONG LAKE Murphy moved, White seconded, to approve the 2004/2005/2006 Agreement and Contract for Police Services with the City of Long Lake. VOTE: Ayes 4, Nays 0. *21. PURCHASE OF REPLACEMENT RESCUE VEHICLE FOR THE LONG LAKE FIRE DEPARTMENT Murphy moved, White seconded, to approve the purchase of the rescue vehicle for the Long Lake Fire Department, at a total cost of $223,928, with Orono's share being $158,212.86, to be funded from the Navarre Fire Station and Equipment Bonds Construction Fund. VOTE: Ayes 4, Nays 0. PAGE 14 of 16 • C, • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. *22. PURCHASE OF REPLACEIiENT PUMPER FOR THE LONG LAKE FIRE DEPARTMENT Murphy moved, White seconded, to approve the purchase of the replacement pumper for the Long Lake Fire Department, at a total cost of $220,500, with Orono's share being $169,000. VOTE: Ayes 4, Nays 0. *23. PERA RESOLUTION, PART -TIME POLICE OFFICER — RESOLUTION NO. 5072 Murphy moved, White seconded, to adopt RESOLUTION NO. 5072, a Resolution declaring that the part -time position held by Paul A. Theisen was that of a police officer. VOTE: Ayes 4, Nays 0. *24. CREATION OF FIRE ADMINISTRATIVE OFFICER FOR THE LONG LAKE FIRE DEPARTMENT Murphy moved, White seconded, to approve Orono's share of a Fire Administrative Officer for the Long Lake Fire Department, and to approve an adjustment to the 2003 General Fund budget to reflect the additional $11,000 expenditure. VOTE: Ayes 4, Nays 0. • *25. APPOINTMENT OF AUTHORIZED CITY REPRESENTATIVE FOR 2003 HRA REVENUE BOND CONSTRUCTION PROJECT • Murphy moved, White seconded, to appoint City Finance Director, Tom Kuehn, as an Authorized City Representative for the submission of claims for payment, and for reimbursement of claims by the City with regard to the 2003 Orono HRA Fire Hall and Equipment construction project. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. *26. LICENSES RESIDENTIAL KENNEL LICENSE 1. Jim and Judy Hatchett 840 North Shore Drive Murphy moved, White seconded, to approve the Residential Kennel license requested by Jim and Judy Hatchett. VOTE: Ayes 4, Nays 0. PAGE 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. *27. BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. I_\ 1391" 1117► 1u•1D10I1 White moved, Acting Mayor Sansevere seconded, to adjourn the Orono City Council Meeting of October 27, 2003 at 8:46 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk PAGE 16 of 16 Barbara Peterson, Mayor • •