HomeMy WebLinkAbout02-09-2004 Council MinutesORONO CITY COUNCIL MEETING O
MONDAY, FEBRUARY 9, 2004
ROLL
• The Council met on the above - mentioned date with the following members present: Mayor
Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jim White, and Lili
McMillan. Representing staff were City Administrator Ron Moorse, Planner Melanie Curtis,
Planner Janice Gundlach, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public
Services Director Greg Gappa, and Recorder Alissa Wintemheimer.
Planning Director Mike Gaffron was absent.
Mayor Peterson called the meeting to order at 7:00 p.m.
CONSENT AGENDA
1. Approve/Amend
Items 11, 12, 14, and 15 were added to the Consent Agenda. Item 10 was removed from
the Consent Agenda.
Murphy moved, and White seconded, to approve the consent agenda as amended.
Vote: Ayes 5, Nays 0.
PRESENTATION
• 2. Safe and Sober Program Grant
Chief Stephanie Good introduced Bob O'Brien, the Safe and Sober Liaison for the State
Department of Public Safety. Mr. O'Brien put together a fact sheet, which he passed out
to Council that showed car accidents in Orono in 2002 cost almost $4 million. Car
accidents are the number one reason cause of teenage deaths. He stated that Orono has an
excellent police department and their efforts in the community have made an impact on
Orono's safety statistics. Safe and Sober believes in engineering, education and
enforcement. He repeated that Orono's police department does an excellent job of
education and enforcement in the community. He presented Officer Farniok with a
portable breath tester, a $400 item.
Chief Good thanked Mr. O'Brien for his work with the police force and for helping them
with grant applications. She asked Officer Famiok to name the other officers involved in
the program.
Officer Famiok named Chris Fisher, Jeff Johnson, Bruce Anderson, David McNichol
Mayor Peterson thanked Chief Good for the work the police force does for the
community. She stated Council is proud of the department.
•
ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
APPROVAL OF MINUTES •
*3. Minutes of the Regular Council Meeting of January 26, 2004
Murphy moved, and White seconded, to approve the Minutes of the Regular Council
Meeting of January 26, 2004.
Vote: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS —RICK RICE, REPRESENTATIVE
See comments following Item 4.
PLANNING COMMISSION COMMENTS — JEANNE MABUSTH,
REPRESENTATIVE
None.
PUBLIC COMMENTS
None. •
ZONING ADMINISTRATOR'S REPORT
4. #03 -2958 Judson Dayton, 2885 Little Orchard Way— Variances — Resolution
No. 5110.
Gundlach stated that the original request was for renewal of a variance that allowed a barn
to remain on the property absent a principal structure. With the original variance the barn
was to be re- located to the rear of the lot. However, the barn was never moved, and the
applicant applied for a renewal variance to again re- locate it, which was denied by the
Planning Commission. They felt the circumstances under which the original variance was
approved were no longer valid. Originally, the variance was approved under the condition
that a principal structure would be built. The applicant indicated he would not be building
on the lot. Instead, the Planning Commission approved two new variances to allow the
barn to remain, contingent upon the applicant combining his two lots at 2885 Little
Orchard Way and 825 Old Crystal Bay Road S. by July 31, 2004. That way the barn
would have a principal structure to be accessory to.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
The variances allow for one oversized accessory building (any structure over 1,000 s.f.)
• beyond what the ordinance allows and for the total square footages of all accessory
structures to exceed what the ordinance allows. This was allowed because the ordinance
doesn't specifically address totals for accessory structures on properties of over 9- acres.
Mr. Dayton's main parcel is over 21- acres. If the table were extended out, accessory total
limits would allow the barn. The resolution grants approval of two variances stipulating
that the properties be combined and the barn moved to the location shown on the plans,
and that this work is completed by July 31, 2004. Should the applicant choose to not
relocate the barn, or combine the lots the barn would need to be removed in its entirety by
July 31, 2004.
Mr. Dayton stated that the process has been more complicated than they had thought it
would be. They are comfortable with the request to combine the lots, and intend to move
and renovate the barn.
Steve Hoyt of 2865 Little Orchard Way stated that the original variance was granted to the
developer of 7 lots. He sold the lot to someone else, who then sold it to the Daytons. The
barn has sat there for 100 years without anything being done to it. The variance has
expired. The only hardship is the neighbors who have to look at it. None of the neighbors
support the maintenance of this nonconforming barn. The covenants that govern the
properties do not support it either.
The development covenants stated that no lot shall be used except for residential purposes,
• and no storage is allowed which is untidy or obnoxious to the eye. Also the covenants
stated that no barn shall be used as a residence. Mr. Hoyt stated that if the covenants and
ordinance are to be respected, the barn should be removed.
Sansevere stated that the City did address Mr. Hoyt's concerns in the resolution
particularly regarding the exterior appearance of the barn. He stated that the barn was
present when the neighbors built their homes.
Mr. Hoyt stated that the properties were marketed with the understanding that the barn
would be converted into part of a large home.
Murphy stated that if the lots are combined, then the barn will conform with the
ordinance.
Sansevere asked what Dayton's plans are for the barn. Mr. Dayton replied that he intends
to move it away from the lot line and repair it. It could be used for storage of vehicles, or
as an office space. In the subdivision of the neighborhood, the Ancorp people placed a lot
line so close to the barn that they had to tear off parts of the barn, creating some of the
disrepair Mr. Hoyt complained about.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Sansevere asked if he had made a decision about combining the lots. Mr. Dayton stated
they had been waiting to hear from the City, and realizes that if they decide not to move •
the barn or combine the parcels, they will have to remove it.
Sansevere stated that he appreciates the barn as a piece of Orono's past, and feels it does
not detract from the neighborhood.
Mr. Hoyt stated that the barn is a fire and safety hazard.
Murphy asked if he objected more to the location or condition of the barn. Mr. Hoyt
stated he objects to both.
Mr. Dayton stated that he has never had complaints about the barn before. Their proposal
would take care of these complaints, moving and renovating the barn.
Mr. Hoyt stated he had lived in his home for 3 years and was one of the first to move into
the neighborhood. They were told the barn would be incorporated into an 8,000 s.f. home
at the time they purchased their lot.
Sansevere asked about requirements the City could place on the barn's renovation.
Barrett stated that Council could require as a part of the variance that after it is moved, it
be brought into a suitable, or reasonable, condition. Moorse stated it was up to Council
how to define a reasonable condition.
Mr. Dayton stated that he would move the barn away from the neighboring properties, •
turn it and landscape around it.
Mabusth stated that Mr. Dayton would be required to get a building permit to re- locate the
barn. That process would allow some involvement of the City. He stated the Dayton's
accessory structures are well kept. She noted that the Planning Commission had wanted a
deadline of July 31, not July 2 V as it appears in the Resolution.
Mr. Hoyt stated that if Council allows the barn to remain, he would like a time limit
placed upon it.
Barrett stated that the structure would never be allowed to be used as a residence. He
stated that when the building is moved, it will need to be made structurally sound at that
time.
Mabusth stated that the Planning Commission wants the lots combined and the barn
moved by July 31, 2004, or the barn will have to be destroyed by that date. Once the
building permit is issued, it is valid for one year.
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•
ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Murphy asked Dayton if he moves the barn, would he immediately work to make it
• presentable.
Barrett suggested changing the language in item 3 on page 3 of 5 to include, `applicant
shall move and renovate the barn pursuant to building code." In item 5, he suggested
that "if the conditions of the resolution are not complied with ... the applicant will remove
the barn in its entirety by July 31,2004."
Moorse stated that the building code does not deal with aesthetics. He suggested
including something in the motion that deals with the exterior appearance.
Barrett suggested adding to item 3 that the exterior "shall be brought up to a reasonable
standard of appearance."
Mr. Dayton asked for clarification on the deadline. Mayor Peterson stated that he would
need to combine the lots and move the barn by July 31, 2004. Once the building permit is
issued he would have 1 year to complete the renovations —until July 31, 2005.
Sansevere moved, and White seconded, to adopt Resolution No. 5110 granting
variances to Orono Municipal Zoning Code Section 78- 1434(1) & (2) to allow the
existing barn, currently located at 2885 Little Orchard Way, to remain in its current
size of 1,252 s.f. subject to it being moved and renovated as described in the
resolution with the language changes to Items 3 & 5 of the conclusions.
• Vote: Ayes 5, Nays 0.
PARK COMMISSION —RICK RICE, REPRESENTATIVE
Sansevere stated that it was nice that Mr. Pasek pointed out that Orono has one of the
lowest tax rates in the county of 1.057%. He noted that the memo suggested they raise
Orono taxes in order to fund park services. He polled the residents at the meeting by
asking who would like their taxes raised, then noted that nobody raised their hand in favor
of a tax increase.
Rice stated that the Park Commission had discussed the status of the Lurton property.
Moorse stated they had now settled with Mn/DOT.
Murphy asked if the Commission discussed the memo Council received that proposed
they "petition the State of Minnesota to allow Orono to increase its real estate tax rate and
levy ceiling." Rice replied they did not know if that would even be possible, and that the
proposal was not unanimously agreed upon.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Sansevere stated that the Park Commission should petition Council with such ideas before
proceeding with them. •
McMillan asked about the Saga Hill land transfer. Moorse replied that the DNR is totally
on board. They need to write a revised agreement that describes how the exchange will
occur. The closing should be scheduled within a few weeks. The price differential had
been worked out.
Murphy asked if the memo about taxes was representing the opinion of all members of the
Park Commission, or one person. Rice replied it was not the position of all of the
Commission members.
Rice stated that he regretted missing the November joint work session.
White stated that Rice brought a good perspective to the Commission and the last meeting
he'd attended had been the most productive he'd seen in a long time. White stated that
only 2% of Orono's property is industrial /commercial, so any tax increases hurt the
homeowners. A lot of people can't afford the increases. Raising taxes is not a creative
solution.
Sansevere stated that even if the taxes were raised, the priority level of parks would not
change. Safety issues related to the parks are a high priority, but other improvements
come after general safety issues.
Rice asked if there could be a line item donation to fund parks on the taxes. Barrett stated •
this could not be done.
Mayor Peterson stated that the Commission has tried some fund - raisers in the past that
have not proved very fruitful. She felt the Commission should focus on the trail from the
Dakota line to Navarre Park.
Sansevere stated that Council made it clear months ago that they will not have an ice rink
near the fire department, and the Commission needs to move on.
Rice asked if they were wrong to advocate for funds as they did in the memo. Sansevere
and Mayor Peterson stated it was not their role to pursue funding through taxes.
White stated that there is a grant that expires in October for $200,000 that nobody is
applying for. If they have a clean -up project, they should apply for the funds.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
ZONING ADMINISTRATOR'S REPORT— CONTINUED
• 5. #03 -2962 Robert & Joanne Switz, 1740 Shadywood Road — Variances-
Gundlach stated that the applicant redesigned the home in an effort to meet zoning
ordinance requirements. The new plans met the 15% footprint requirement, and are at the
maximum of 15 %. The applicant requested a variance for lot area to rebuild on a lot of
0.47 acres in a 0.50 acre zone, and a variance for hardcover to allow 38.6% in the 75 -250'
zone when 38.8% currently exists and 25% is normally allowed. The applicants would be
removing 2,050 s.f. hardcover from the 0 -75' zone.
Hardships regarding the hardcover variance consist of the shallowness of the lot and the
need for a backup apron. Gundlach stated that the hardships are legitimate, but the 38.6%
hardcover was an inflated number because the applicant maxed out their structural
coverage at 15 %.
Staff recommended approval of the lot size variance and a hardcover variance, but
encouraged Council to consider if hardcover of 38.6% was extreme.
Mr. Switz stated that they aggressively worked on the plans for their house to bring them
into conformance. He felt everyone's best interest would be served by approving the
application.
• Sansevere stated that in his memo, Gaffron recommended not allowing over 33.6%
hardcover in the 75 -250' zone.
Gundlach stated that the real issue was if the applicant should be allowed to max out
structural coverage at 15% thus creating the need for a greater hardcover variance.
Mabusth stated that this is the hardest type of application you get because the lot is
currently completely covered in structure. They're at 22% in the 0 -75' zone, and the
applicant would get rid of all that. Because of the lot shape, the applicant doesn't get the
full benefit they might on a normal lot —the hardships should bring them to about 33 -34%
hardcover.
Mr. Switz stated the lot is over 60% hardcover now, and they'd make significant
improvements.
McMillan stated she was torn because the existing house covers the entire lot and is so far
out of conformity.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Moorse stated in the mid -90's they were happy to grant applications that brought an
improvement. The current philosophy is to only give variances on valid hardships. Staff •
couldn't find a hardship for coverage over 34% based on the irregular lot. Unless the
property is unique, they would set a precedent by allowing the 38.6% hardcover.
Gundlach stated that the difference between the 33.6% and 38.6% is 800 s.f.
Mr. Switz stated that if their application is denied, they risk the lot staying exactly as it is
for any number of years.
White asked if they could install porous paving material in the driveway. Mr. Switz stated
he was willing. Sansevere stated the material is too new to be tested for longevity, and
allowing that as a hardcover reduction would set a precedent.
Murphy moved, and White seconded, to approve the application.
Moorse stated that if Council approved the application, they should make the situation as
unique as possible to avoid precedent setting, and note the amount of hardcover removed
from the lot.
Mayor Peterson stated she would vote against the application because she felt they had to
require valid hardships for variances. She stated she did appreciate the improvements
proposed.
McMillan stated that she agreed with the Mayor and would vote against the application. •
Sansevere stated that if Council voted, Mr. Switz may not get approval. He asked if there
were any more hardcover reductions they could make. Mr. Switz replied there were not,
and they would choose to not buy the property.
Moorse stated that the Planning Commission really wanted to make the application work,
but there is no other hardship in the application. If there were, the Planning Commission
would have found it.
Sansevere asked Mr. Switz if he would like the application tabled. He stated he would
only allow him to discuss it with his wife.
Barrett recommended Council deny the resolution unless the applicant signs an extension
by February 18`h
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Murphy withdrew his motion.
• White moved, and Murphy seconded to deny the request for variances to Orono
Municipal Zoning Code Sections 78- 350(B), 78 -282, and 78 -1288 to allow
construction of a new residence, unless the applicant signs an extension of the
deadline to table the application before February 18, 2004.
Vote: Ayes 5, Nays 0.
Mr. Switz stated that he wished staff had been more forthright at the Planning
Commission so that the application had not needed to go that far.
*6. #03 -2965 Scott Sennes of Sennes Design Build on behalf of Franz & Kersten
Jevne, 819 Brown Road North — Variances — Resolution No. 5111
Murphy moved, and White seconded, to adopt Resolution No. 5111 granting
variances to Orono Municipal Zoning Code Section 78 -420 Subdivision B to allow a
new residence to be constructed on a lot with substandard area and width, and a
variance to Orono Municipal Zoning Code Section 78 -420 Subdivision B to allow a
side yard setback of 24' where 30' is required.
Vote: Ayes 5, Nays 0.
7. #04 -2967 Sharon Rae Guimond, 2900 Watertown Road — Conditional Use Permit
• Resolution No. 5112
Curtis stated that the applicant was requesting a CUP to construct a 1,500 s.f. accessory
structure on a through lot. The applicant also requested a variance to exceed the
maximum size allowed for a single accessory structure by 300 s.f. for the proposed pole
barn.
0
A previously existing barn of approximately 2,600 s.f. and 25' high was destroyed by
arson. The applicant would use much of the existing foundation of the previous barn, but
would adjust the barn location to meet a 50' rear yard setback.
Staff found a hardship as the destruction of the existing barn was neither the applicant's
intent nor an act of God.
Mayor Peterson stated that she kept the application off the Consent Agenda because,
while the destruction of the old barn provided unusual circumstances, she felt strongly
about rebuilding to meet City requirements.
Murphy asked if they could rebuild exactly as the barn was before. Curtis stated that she
could not because over 75% of the barn had been destroyed.
PE
ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Ms. Guimond stated that they wanted to recreate the old barn with the cement foundation
that was there. She had people come out to look at the barn area and all said that she •
would have to go to a certain size to have the barn be gabled and to recreate the look of
the lost barn. She stated that they know who set the fire, but are having difficulty proving
it.
White moved, and Sansevere seconded, to adopt Resolution No. 5112 granting a
Variance to Orono Municipal Zoning Code Section 78 -1434 Subdivision 2 and a
conditional use permit for the construction of a 1,500 s.f. detached accessory
structure/barn on a through lot.
Vote: Ayes 4, Nays 1 (Mayor Peterson).
*8. 04.2968 Custom Structures Ltd., 440 Stubbs Bay Road North — Preliminary
Plat— Resolution No. 5113
Murphy moved, and White seconded, to adopt Resolution No. 5113 granting
preliminary approval of a Class II Subdivision for property located at 440 Stubbs
Bay Road North.
Vote: Ayes 5, Nays 0.
*9. #04 -2972 Bob Knuth & Mary Thompson, 2700 White Oak Circle— Variances-
Resolution No. 5114. •
Murphy moved, and White seconded, to adopt Resolution No. 5114 granting
variances to Orono Municipal Zoning Code Section 78 -420 Subdivision B to allow
construction of a covered porch 45' from the front property line and 35' from the
side street property line where 50' setbacks are required.
Vote: Ayes 5, Nays 0.
10. #04 -2976 James & Judith Pierpont, 1801 West Farm Road — Conditional Use
Permit
Mr. Pierpont stated that he requested the item be removed from Consent because of the
condition that the kitchen be removed. He passed around pictures to show the kitchen in
their guest house. It consisted of a mini - fridge, cooktop, and small washbasin -style sink.
He stated there is no disposal, microwave, or other appliances typically found in a kitchen.
He stated the kitchen was solely for the convenience of their guests, should they want to
boil water or keep milk handy for babies.
Sansevere asked why the kitchen should be removed when the fixtures in question were
smaller than standard size.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Gundlach stated that the technicality was over conformity because the code does not allow
• for kitchens in accessory buildings.
Mabusth stated that she felt the kitchen should not be removed based on its small scale,
however, if the applicant combined the lots, they would be in compliance and the kitchen
would not be an issue.
Mr. Pierpont stated that they moved the lot line because of a septic issue. They wanted to
have two separate salable lots, one of 2 acres and one of 4 acres. He stated the problem
arises with the wetland debate. He maintained that there is no more than 1/s -acre of
wetland on the lot. As a result, they have approximately 3.5 acres of dry buildable,
instead of 4, which results in the requirement that they remove the kitchen. He stated the
sink is the furthest point in their plumbing and if they shut off the sink, they would have
problems with pipes freezing. He asked Council to approve the application without
requiring the kitchen be removed.
Murphy clarified that the matter arose because of a lot line rearrangement issue. He stated
he felt it ludicrous to have to remove the kitchen.
McMillan stated that the guest house was nonconforming, and removing the appliances
was a technicality based on City code, which therefore should be followed.
Mr. Pierpont stated that the rule about dry buildable and the confusion about the amount
• of wetland made his guest house nonconforming.
Mayor Peterson asked about the original application. Gundlach replied that the 1990
permit for the guest house required the lots be combined. If that had happened, there
would not be any issue.
•
Mr. Pierpont stated he would covenant that the guest house never be used inappropriately.
White asked if they could have a wet bar in an accessory structure. Gundlach stated he
could not. The intent of the code was to allow a bathroom only. The issue is with the sink
and the plumbing associated with it.
McMillan stated that the ordinance was designed to prevent renting out accessory
structures. They had issues to address and the ordinance was the only way to handle
them. While the Pierponts might not cause problems, the codes apply to the properties,
not the owners.
Moorse stated the City could regulate plumbing matters, but could not control appliance
use.
White stated he would vote to enforce the ordinance.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Sansevere moved to allow the kitchen to remain provided it never be expanded in
any way. The motion failed as no one seconded it. •
Murphy asked if there was any restriction on the City pursuing the kitchen issue because
of the way it came up: accidentally during a lot line rearrangement application. Barrett
replied that there was nothing to prevent the City from addressing the fact that the
expected lot combination never happened.
McMillan moved, and White seconded, to approve the CUP subject to the removal of
the sink, cooktop, and fridge, and that a covenant be placed to insure the guest house
never be used as a residence.
Vote: Ayes 1, Nays 4 (Mayor Peterson, White, Murphy, Sansevere).
Murphy moved, and Sansevere seconded, to approve the CUP, allowing the kitchen
to remain, with the guest house being regulated by a standard use limitation
covenant.
Barrett stated that the applicant has a guest house, not an accessory building with
plumbing, therefore the Pierponts should pursue a CUP for a guest house. He suggested
they convert the application to one concerning the guest house, and then Council move to
grant a variance to the lot area requirements for the guest house from the 4 acres required
to the 3.5 that the Pierponts have available.
Moorse stated they were moving quickly and suggested they table the item so that staff •
could pursue the appropriate resolution. Mayor Peterson added they could not go further
in that direction without getting the language down.
Barrett stated that they would need a covenant and to find a hardship to allow the 3.5 acres
to support a guest house. Changing the application could raise other issues. At any point,
the applicants could opt to remove the kitchen according to the current application.
Mr. Pierpont stated they would do whatever is necessary. He stated that the lot was
considered 4 full acres before the rule changed concerning wetlands. The guest house
existed and was allowed before that time.
Murphy asked if they could be grandfathered in. Barrett replied the guest house never
would have been allowed if they had not agreed to combine the lots in 1990.
Mayor Peterson stated they would need an extension from the applicant to table it.
Gundlach stated the City could authorize the first extension, and said she would send the
Pierponts a letter to that effect.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Murphy withdrew his motion.
• Mayor Peterson moved, and White seconded, to table the application with an
extension of the sixty days.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Sansevere stated that he has serious concerns about the direction of the Parks
Commission. He felt Council should address the matter soon.
Sansevere congratulated Janice Gundlach and Melanie Curtis on their marriages.
Murphy stated that the memo concerning tax increases for the parks saddened him. He
felt that Council and Park Commission relations are failing.
McMillan stated that as the liaison to the Park Commission she hears both sides of it. She
noted that no one signed the memo, and she would speak to Drew McDermott this week.
She suggested a joint meeting in April to encourage them to focus on goals that they can
control.
White stated that the chair should be in sync with the Council, and realize the position of
carrying out Council's goals. He felt they laid out a great plan, and then ignored it. He
• stated it appears Orono has an ineffective, disgruntled Park Commission.
Sansevere suggested Council all attend a Park Commission meeting.
0
Mayor Peterson stated that the Council and Commission goals are separate and need to be
brought together. She stated they are a voluntary group and are there to serve the needs of
the Council.
White stated that he drove past four people on his way to the meeting walking on the road,
and none of them wore reflective clothing. He noted the danger to pedestrians and
suggested some sort of warning to remind people to be safe.
White stated that creosote on bridges pollute the water. Gappa stated that both of Orono's
bridges are being replaced.
13
ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
PUBLIC SERVICE DIRECTOR'S REPORT
*11. Adopt Assessment Roll —North Long Lake East Sewer Extension — Resolution •
No. 5115.
Murphy moved, and White seconded, to adopt Resolution No. 5115 adopting the
North Long Lake East Sewer Extension Assessment Roll.
Vote: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
*12. Pay Request— Navarre Fire Station
Murphy moved, and White seconded, to approve the request for payment in the
amount of $2,500.00 to Constructive Ideas, to be funded from the Navarre Fire
Station Construction Fund.
Vote: Ayes 5, Nays 0.
13. Settlement with Mn/DOT Regarding the Acquisition of the Lurton Property
Moorse stated that he kept it off Consent in order to remove language from the second
condition: "from the planned new Highway 12 frontage road."
Murphy moved, and Mayor Peterson seconded, to approve the settlement regarding
Mn/DOT's acquisition of a portion of the property at 3850 Wayzata Boulevard West •
for the agreed upon price of $1,077,000.
Vote: Ayes 5, Nays 0.
*14. Lease with Mn/Dot Related to the Lurton Property
Murphy moved, and White seconded, to approve the lease with Mn/DOT for the
Lurton property, with a monthly lease rate of $1,200.00, and an expiration date of
March 31, 2005, and to approve a budget adjustment reflecting the lease payments
being made by the City using the funds received from Mn/DOT for the acquisition of
the property.
Vote: Ayes 5, Nays 0.
*15. City Administrator Compensation Adjustments
Murphy moved, and White seconded, to approve the City Administrator
Compensation Adjustments.
Vote: Ayes 5, Nays 0.
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ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
CITY ATTORNEY'S REPORT
is None.
*16. LICENSES
Special Event
1. Applicant:
Brenshell Homes
Event:
2004 Parade of Homes —Spring Preview
Location:
925 Willow View Drive
Date:
February 14 -March 21, 2004, Thursdays - Sundays
Time:
12:00 noon – 6:00 p.m.
2. Applicant: LeGran Homes
Event: 2004 Parade of Homes —Spring Preview
Location: 970 Willow View Drive
Date: February 14 -March 21, 2004, Thursdays - Sundays
Time: 12:00 noon – 6:00 p.m.
3. Applicant:
Wells Fargo Bank, Wayzata
Event:
Wells Fargo Half Marathon
is Location:
Begin: Wells Fargo Bank Wayzata. Lake Street to Ferndale Road
to County Road 15 to Orono Orchard Road to Fox Street to Old
Crystal Bay Road to County Road 51 to County Road 19 to Crystal
Bay Road to Northview Road to Lake Road to County Road 15 to
Old Beach Road to County Road 19 to Beehrle Avenue to
Southwest LRT Trail to Water Street. Finish: Wells Fargo Bank
Excelsior.
Date:
Sunday, May 2, 2004
Time:
12:00 noon – 6:00 p.m.
TOBACCO
4. Navarre Liquor Inc.
Steven Corl
3421 Shoreline Drive
5. Orono Liquor (Narrows Saloon)
James Anderst
3380 Shoreline Drive
• 15
ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 9, 2004
Murphy moved, and White seconded, to approve the above listed licenses.
Vote: Ayes 5, Nays 0.
*17. BILLS
Murphy moved, and White seconded, to approve payment of the All Funds Account.
Vote: Ayes 5, Nays 0.
ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
ATTEST:
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Linda S. Vee, City Clerk Barbara Peterson, Mayor
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