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HomeMy WebLinkAbout12-13-2004 Council Minutes• ROLL MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim White, Jim Murphy, Lili McMillan, and Bob Sansevere; Representing Staff were City Attorney Thomas Barrett, City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:04 p.m. OATH OF OFFICE Mayor Peterson administered the oath of office to Officer Kimberly Toewe, Officer Chad Stensrud, and Sergeant Chris Fischer. RECOGNITION 2. ANDREW MCDERMOTT — PARKS, OPEN SPACE AND TRAILS COMMISSION — RESOLUTION NO. 5262 Mayor Peterson, on behalf of the City of Orono, presented Andrew McDermott a plaque in recognition of • his nine years of service to the City on the Parks, Open Space and Trails Commission. White highlighted some of the accomplishments of the Parks, Open Space and Trails Commission during the time McDermott served as its chair. • Adoption of the resolution follows Item #13. 2A. SAM AND JOYCE MARFIELD - RECOGNITION — RESOLUTION NO. 5263 Mayor Peterson, on behalf of the City of Orono, presented a plaque to Sam and Joyce Marfield in recognition of their donation of a Dodge Ram pickup truck and a custom -built fire /rescue boat to the Long Lake Volunteer Fire Department. Adoption of the resolution follows Item #13. CONSENT AGENDA APPROVE /AMEND Items 8, 14, 15, 16, 17, 18, 19, 21, 25, 26, 27, 31, 32, and 33 were added to the Consent Agenda. Item 3 was removed from the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0 PAGE 1 , I, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. APPROVAL OF MINUTES • 3. REGULAR COUNCIL MEETING OF NOVEMBER 22, 2004 McMillan requested page 11 of the minutes be corrected under Item 16 to reflect that she abstained from the vote. White requested page 9 of the minutes be corrected to reflect CLE class rather than CCE class. McMillan moved, White seconded, to approve the minutes of the Regular City Council meeting of November 22, 2004, as corrected. VOTE: Ayes 5, Nays 0. *4. TRUTH IN TAXATION HEARING OF DECEMBER 6, 2004 Murphy moved, White seconded, to approve the minutes of the Truth In Taxation Hearing of December 6, 2004, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARINGS — 7:00 P.M. 5. 2005 LEVY ADOPTION HEARING — ADOPTION OF 2005 BUDGET AND TAX LEVY, 7:25 p.m. — 7:30 p.m. A. ADOPT FINAL 2004 LEVY COLLECTIBLE IN 2005 — RESOLUTION NO. 5264 Moorse noted a number of City Council work sessions were held this past summer, along with a truth in is taxation hearing on December 6` ", to discuss the City's 2005 levy. Moorse recommended the City Council adopt the 2005 budget and tax levy. Peterson opened the public hearing at 7:26 p.m., and asked for public comments. There were no public comments. Peterson closed the public hearing at 7:27 p.m. McMillan moved, Peterson seconded, to adopt RESOLUTION NO. 5264, a Resolution Adopting the Final 2004 Tax Levy Collectible in 2005. VOTE: Ayes 5, Nays 0. B. ADOPT 2005 GENERAL FUND BUDGET — RESOLUTION NO. 5265 White moved, McMillan seconded, to adopt RESOLUTION NO. 5265, a Resolution to Adopt the 2005 General Fund Budget. VOTE: Ayes 5, Nays 0. C. ADOPT THE 2005 SPECIAL REVENUE FUNDS BUDGETS — RESOLUTION NO. 5266 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5266, a Resolution to Adopt the 2005 Special Revenue Funds Budgets. VOTE: Ayes 5, Nays 0. • PAGE 2 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. BOND SALE 6. CONSIDER THE AWARD OF THE SALE OF $910,000 GENERAL OBLIGATION SEWER IMPROVEMENT REFUNDING BONDS — RESOLUTION NO. 5267 Carolyn Drude, Bond Consultant, addressed the City Council concerning the bids received for the sale of $910,000 sewer improvement refunding bonds designed to reduce the City's debt service on its 1997 improvements. Drude noted Staff has allocated $200,000 from the Debt Service Fund into the refunding bonds to reduce the size of the issue to $910,000. Drude stated four bids were received, with Cronin & Company, Inc. submitting the best bid with an interest rate of 3.1383 percent. Drude noted the City's bond rating is very strong at Aal. Drude reviewed the schedule for the 1997 bond rates, noting the interest rates range from 4.65 percent to 5.2 percent. Drude noted the City would experience a savings of $105,905.17 as a result of the lower interest rate and the allocation of the $200,000 from the Debt Service Fund. Murphy thanked Carolyn Drude and Tom Kuehn for their fine work on the City's financial affairs. Murphy moved, White seconded, to adopt RESOLUTION NO. 5267, a Resolution Awarding Sale of $910,000 General Obligation Sewer Improvement Refunding Bonds, Series 2004B, Fixing the Form and Specifications Thereof, Providing for Their Execution and Delivery, and Providing for Their Payment. VOTE: Ayes 5, Nays 0. • PARK COMMISSION COMMENTS — PAUL PESEK, REPRESENTATIVE Paul Pesek addressed the City Council regarding the work being undertaken by the Park Commission to gain an easement from the Luce Line to Lowry Woods. Pesek stated a verbal agreement has been given to the City concerning the easement. Pesek stated a majority of the railroad tracks and cross ties had been removed on the Dakota Rail. Pesek noted he took new member Krogness on a tour of eight parks in the City of Orono. McDermott stated there is a concern with snowmobiles trespassing on the Dakota Trail this winter. McMillan noted signage is supposed to be erected by Hennepin County in the near future prohibiting snowmobiles and other motorized vehicles on the trail. White commented in his view a large number of people will utilize this trail and will provide a great benefit to the City. McMillan inquired whether a decision has been made regarding the relocation of the Lurton barn. McDermott stated due to the relatively poor condition of the barn, the Park Commission has decided not to relocate the barn. McMillan inquired whether any portion of the balm is salvageable. • McDermott indicated there are three large timbers that could be salvaged. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (PARK COMMISSION COMMENTS, Continued) • McDermott stated at the last Park Commission meeting some concerns were raised by the public concerning the access to one of the parks and requested the City insure that the City's access is maintained. McDermott commented some changes have been made in the area but it appears access has not been altered. PLANNING COMMISSION COMMENTS — JIM LESLIE, REPRESENTATIVE Leslie indicated he would be available for questions during tonight's meeting. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *7. #03 -2937 BOB MORLOCK, 980 NORTH SHORE DRIVE WEST — FINAL SUBDIVISION — RESOLUTION NO. 5268 Murphy moved, White seconded, to adopt RESOLUTION NO. 5268, a Resolution Approving the Plat of Englund Third Addition, Robert Morlock, 980 North Shore Drive West. VOTE: Ayes 5, Nays 0. *8. #04 -3042 PILLAR HOMES ON BEHALF OF ROGER AND CAROL ROVICK, 1625 • BOHNS POINT ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5269 Murphy moved, White seconded, to adopt RESOLUTION NO. 5269, a Resolution Granting an After - the -Fact Conditional Use Permit for KC Chermak on behalf of Roger and Carol Rovick,1625 Bohn's Point Road. VOTE: Ayes 5, Nays 0. 9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD — VARIANCES Eric Vogstrom, Applicant, and Todd Phelps, Attorney -at -Law, were present. Curtis noted this application was tabled at the November 22nd City Council meeting, with the applicant being requested to redesign the proposal to reduce or eliminate the variances requested. The applicant was directed to redesign the proposal to include a maximum 1,500 square foot building footprint and the appropriate hardcover to serve that home. The applicant has submitted a revised design, with the home proposed to be two -story residence with a 1,699 building footprint, a three -car attached garage and deck. The applicant is now proposing 34.5 percent hardcover within the 75' -250' zone, which is a 2.3 percent or 176 square foot hardcover reduction from the previous proposal. Staff feels the proposal does not respond fully to Council's direction. Although the majority of the Planning Commission concluded that the large 0 -75' zone and relatively small 75' -250' zone is a hardship to the property, Staff feels that the 34.5 percent hardcover is not warranted for this lot. Staff continues to recommend approval of the average lakeshore setback variance. Staff believes that the size of the 75' -250' zone, which, at 25 percent would allow only 1,918 square feet of hardcover, is an inherent • PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) hardship. The City has generally established that for very small lots the minimum reasonable garage/house footprint is 1,500 square feet. It is likely impossible to construct a 1,500 square foot house on this site within the 25 percent limit. Therefore, Staff will conceptually support a 1,500 square foot home with minimal decks, sidewalk and driveway needed to support it, but Staff feels this can be done in the range of 30 percent hardcover, not 36 percent. Staff is not convinced that the third garage stall is necessary. Curtis stated a letter was received today from Timothy Keane, attorney for the applicant, and has been distributed to the Council. Gaffron addressed the City Council concerning the size of the house and footprint. Gaffron stated the lot is sloped towards the lake and has approximately an 8 -foot difference from the lakeside of the proposed house to the street side of the proposed house, would ideally accommodate a walk -out and a two and a half story house without exceeding any height limits and without excess grading. Gaffron stated a footprint of 1,500 square feet with a two -stall garage could be constructed. If the applicant would like to retain the three -car garage, the first story could be reduced by 200 square feet, for a final square footage of 4,700 square feet. Gaffron indicated the shape of this lot lends itself to a home up to 55 -60' in width and also allows for a home to be angled so that it takes the best advantage of lake views. Additionally, the home could be placed with the garage at the 30' minimum setback from the road to minimize driveway hardcover. The • additional area of 0 -75' zone that is non - contiguous is a benefit to this property but cannot be considered as creating a hardship situation. No hardcover credit should be accrued to this excess lakeshore square footage. Sansevere inquired why the applicant is so reluctant to agree to 1,500. Sansevere noted he personally would not agree to anything above 1,500. Vogstrom stated he is unclear about some of the items in Staff's report. Vogstrom indicated page three of the memorandum lists a couple of properties that are smaller than his lot, both of which were granted a larger footprint. Vogstrom pointed out part of the basis for the approval on those two properties was the fact that they are located on a busy road. Vogstrom noted his property is also located on a very busy road. Vogstrom stated he meets all required setbacks, with the house being located 85' from the lake, and that he is requesting the additional hardcover to accommodate a third stall on the garage. Vogstrom indicated he has reduced the size of the proposed residence in order to have a three -stall garage. Vogstrom stated he is not sure how the city planner arrived at the square footage for the house. McMillan stated the planner included the garage in the calculation. Sansevere stated the City Council needs to be consistent with their approvals and that they may set a precedent if they approve the additional hardcover. Vogstrom stated in his view the Council would be consistent in granting the 34.5 percent hardcover given the other two lots that were granted higher hardcover. Vogstrom stated 66 percent of his lot is located within the 0 -75', with one of the examples of hardship cited in the memorandum being the fact that 50 • percent of the lot was located in the 0 -75' zone. Vogstrom stated in his opinion some of the hardship criteria found in the other two applications apply to his lot. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7 :00 o'clock p.m. (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Vogstrom stated even with a 1,500 square foot footprint, minimum size deck, sidewalk, driveway, and a two -stall garage, he would still be at 32.5 percent hardcover. Vogstromn stated the difference he is proposing is two percent, which is the difference between a two -car garage and a three -car garage. Gaffron stated he is not in agreement with most of the comments of the applicant. Gaffron stated the property located at 1690 Shadywood is located on a busy county road and requires a backup apron. Gaffron stated he does not believe that the traffic on Casco Point Road requires a backup apron. In addition, the second hardship found for the 1690 Shadywood property was the fact that the location of the adjacent homes would reduce lake views causing a tunnel effect. Third, the non - optimum lot shape analysis results in justification for a 289 square foot variance. Gaffron explained an optimum lot shape analysis formula was utilized in the Loffler and Switz cases, which was not utilized prior to 2004. In Staff's view, this formula has some inherent weaknesses and has contributed in the past year to excessive hardcover allowances compared to those granted to similar lots in previous years. Staff is reluctant to continue using the current optimum lot shape analysis method as a basis for hardcover variances, as it suggests that all lots not meeting the optimum shape should be allowed excess hardcover, which translates to an automatic variance level for almost all existing lots. Gaffron indicated Item 3A illustrates the footprints that were allowed in the past six years for various properties given their lot area and the amount of the building pad located within the 75' -250' area and the approved hardcover. Gaffron stated based on Exhibits 3B and 3C, in his opinion the Switz application is an anomaly and is not consistent with the building footprints typically granted by the City. Gaffron • indicated he disagrees with the concept that the peninsula found on the Vogstrom lot should be a factor in determining the amount of hardcover that should be allowed on this lot. Gaffron indicated the Switz lot is located on a much busier road than the Vogstrom property and that hardships two and four do not apply to the Vogstrom property. Gaffron stated approval of hardcover at 34.5 percent would not be consistent with past approvals by the Council. Gaffron pointed out the hardcover reductions being proposed by the applicant are primarily being reduced within the city right -of -way, which is where the majority of the existing driveway is located. Gaffron noted 270 square feet of hardcover is located within the right -of -way and not on the property. Gaffron stated Exhibit 3A provides information for the last six years for lot area, existing and approved 75' -250' zones, and lot coverage. Gaffron stated properties that are slightly bigger have received a slightly bigger footprint but not as much hardcover. Gaffron stated an average is 30 percent and that 1500 square feet in his opinion is appropriate for this lot. Sansevere inquired whether the City is being consistent with the 1,500 square feet requirement. Gaffron stated the applicant feels two applications were treated differently in the past year that were not consistent with the City's past practice. Gaffron stated the question is whether those should be looked at as a precedent or whether they should be considered anomalies. Gaffron stated in his perspective the Switz application was an anomaly, with the Loffler application having an issue with location of the house toward the street reducing lake views and causing a tunnel PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) effect. Gaffron indicated the question is what size footprint is appropriate for any given lot and that the hardcover should not be based upon the 1,500 square feet. Vogstrom stated with his first proposal at 57.8 percent hardcover, he was at the 15 percent structural coverage. Vogstrom commented the houses on Shadywood are large and look out of place with the neighborhood and that the house he is proposing is not out of character with the rest of this neighborhood. Vogstrom stated he is asking for the additional hardcover to allow for a third stall on the garage. Sansevere inquired what type of house the applicant is considering constructing on this lot and what the actual square footage of the proposed residence would be. Sansevere noted the applicant could build living space above the garage. Vogstrom indicated there would be 1000 square feet on the first level, 1000 square feet for the basement, and 1000 for the second level, which amounts to 3,500 square feet. Vogstrom indicated he has reduced the size of the house by 185 square feet but would still like to maintain the three car garage. Sansevere noted the applicant was directed to reduce the footprint to 1,500 square feet. Sansevere commented he still is puzzled by the applicant's reluctance to reduce the size of the house to 1,500 square feet, especially if space is added above the garage. Vogstrom stated a 1,000 square foot house is not extravagant and that the extra square footage is for a • three -stall garage. Vogstrom stated he does not feel the house can be reduced any further. Sansevere requested Staff recap what the applicant is entitled to on this lot. Gaffron stated lot coverage as defined by City Code is 15 percent, which is 2,100 square feet for this lot. Gaffron stated from a hardcover perspective the applicant is allowed 1,918 square feet of hardcover. Approximately 600 square feet is required for a driveway, sidewalk, and deck, which would bring the hardcover to approximately 32 percent with a 1,500 square foot footprint. Vogstrom indicated it is his understanding he is allowed a 1,500 square foot footprint for a lot of record. Vogstrom stated in his opinion Casco Point Road is a busier road and that his lot does constitute a hardship. Barrett stated the 1,500 square feet is the amount that the Council will vary up to but it does not mean that the applicant is allowed to exceed the 1,500 square feet. Moorse stated 25 percent hardcover is what the ordinance allows, which is approximately 1,900 square feet. Moorse stated if the applicant is allowed 600 square feet for a driveway, 100 square feet for a sidewalk, and 100 square feet for a deck, the remaining hardcover would be approximately 1,100 square foot. Moorse stated a variance would be required to allow the additional hardcover. Vogstrom indicated it is his understanding that most people get a 1,500 square foot footprint. Gaffron noted there is a significant number of houses that have been built that are less than 1,500 square • feet. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) • Sansevere stated at the last meeting the Council felt the applicant should be allowed 1,500 square feet rather than the 1,000 square feet. Sansevere indicated the 1,500 square feet is fair and that the applicant should not be held to the 25 percent hardcover. Todd Phelps, Leonard, Street and Deinard, stated there appears to be some precedent where the City has approved at least two other cases that are similar to this application which merit further exploration on the applicant's part. Phelps stated he would like the opportunity to do a further detailed analysis of the two cases cited in the memorandum as well as some other properties. Sansevere inquired whether the applicant is asking for his application to be tabled. Phelps indicated he would like the applicant's application be approved tonight, but in light of Gaffron's comments, if the Council plans to deny the application, he would like to do further research. Peterson inquired whether the applicant would like to table the application. Phelps stated the applicant would like to have his application approved tonight, but in the alternative, to table the application to allow the applicant to respond to the comments by the City Planner. Phelps stated one issue that has not been discussed tonight is the merits of this particular application. Phelps stated the letter from Timothy Keane responds to each of the hardship requirements set forth in the Orono City Code. Phelps stated the discussion should center on the hardship criteria outlined in M.S. 462.355 and the Orono City Code. Phelps indicated in his opinion this is a unique lot and that there are circumstances that • merit the granting of a variance. Phelps indicated the applicant has been attempting to work with the City on developing this lot and is not circumventing the direction of the Council. Sansevere stated at the last meeting a good point was made concerning hardcover in that the likelihood for runoff has been increased with the removal of the trees. Phelps indicated the applicant is agreeable to restore the vegetation on this lot, but that in his opinion it should be considered as a separate issue. Sansevere stated the removal of the trees does impact the runoff. Sansevere noted Council did not have an opportunity to review the letter from the attorney prior to tonight's meeting. Vogstrom stated he would like to get the issues resolved. Peterson inquired whether the applicant would like his application tabled. Vogstrom commented it appears the Council is set on a maximum 1,500 square foot footprint, which he is not happy with. Sansevere indicated he is not willing to approve anything in excess of 1,500 square feet. Peterson indicated she also is in support of a maximum 1,500 square foot footprint. White stated he is not going to take two extreme cases and say that is the norm but that the City needs to • look at the overall picture. White stated the City has to be consistent as much as possible when dealing PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) with this type of application and that he would not support any deviation from what the City has consistently approved in the past. Vogstrom stated in his view he is not constructing an enormous house and that the 1,500 square foot is the minimum the City allows. Vogstrom stated his lot consists of 20,500 square feet and that in his opinion the majority of the 1,500 square foot footprints are on lots that are only 10,000 square feet. Sansevere noted Staff has not been convinced that there is a hardship and that he relies heavily on Staff's recommendations in cases like this. Sansevere stated the applicant does have the right to continue to pursue this application if that is his desire. Vogstrom noted that Gaffron was opposed to the Switz application. Sansevere stated he does not recall the Switz situation. Peterson stated the Switz house is located on Shadywood. Peterson stated she would prefer construction not be commenced on this lot until the trees are replaced and growing. Vogstrom noted he has submitted a restoration plan. Vogstrom indicated a majority of the trees were located in the 75' -250' zone. Vogstrom stated a mistake was made and that he is attempting to restore the property. Murphy stated he suggested at the last meeting that this application be tabled to allow a plan to be arrived at that meets Staff's approval, which has not been done. Murphy noted he is not in support of the 1,500 square foot footprint. Murphy stated in his view a great deal of research has been done by the applicant and a great amount of effort has been put forth by Staff. Murphy indicated in light of the research and work that has been done on this matter, the application should move forward. Peterson inquired whether the applicant would like his application be tabled. Vogstrom stated he could live with the 1,500 square feet. Barbara Essen, 2648 Casco Point Road, stated the removal of the trees has not enhanced the view of the neighborhood, noting that the trees that were removed on their lot were very mature trees and cannot be replaced in their lifetime. Sansevere inquired how many trees the Essens lost. Essen indicated they lost two mature trees. Peterson inquired whether the applicant would like his application tabled. Vogstrom indicated he does not want his application to be tabled. McMillan stated she would like some calculations for hardcover on the 1,500 square foot footprint, with the decision being up to the applicant on what size house he would like and whether he would like a two - stall or a three -stall garage. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Gaffron noted a resolution was adopted by the City listing the minimum standards for a driveway. Barrett stated if the Council is going to deny the application, a denial resolution would need to be drafted. Peterson noted if the application is denied, the applicant cannot submit a new application for six months. Gaffron stated the applicant still needs some variances at 1,500 square feet. Gaffron stated the denial resolution would deny the request as presently proposed and that if the applicant submits a plan that is different from what was previously proposed, that could be treated as a separate application prior to the six months. Gaffron stated the denial resolution would come before the Council at their January 10 "' meeting. Murphy inquired if the application is denied tonight, whether Vogstrom would be able to come back with another application or whether he would need to wait six months. Barrett stated if a majority of the Council agreed to reconsider in January, a new application could be heard at that time. Murphy commented that the applicant and Council could now be rushing on this application given the fact that the exact hardcover numbers have not yet been determined. Gaffron stated the Council does have the option to table the application and give clear direction to the applicant on what hardcover numbers they would like the applicant to adhere to. Gaffron stated that would give the Council the opportunity to see the exact plan the applicant is proposing. Vogstrom requested the Council act on the first resolution. Vogstrom stated he is willing to continue to work with staff and reduce the garage down to two stalls. Jeff Essen, 2648 Casco Point Road, stated it was his understanding the recommendation of the Planning Commission for 36 percent was conditioned upon the tree restoration plan being approved by the City. Essen stated there does not appear to be clear approval of a restoration plan. Gaffron stated Staff has reviewed the restoration plan submitted by the applicant and sent a letter, which is Exhibit E, listing some additional items that Staff feels are necessary to make the plan acceptable. Gaffron stated the letter went out last week but no response has been received. 22 gstrom stated he received the letter last Friday and that he plans to have the revised plan to Staff by the Murphy stated in his view this application should be denied tonight and that the applicant be given specific direction on what the 1,500 square feet means. Gaffron stated if the applicant comes in with a request for a different footprint and hardcover variance, the Council could determine that it is a new application and the applicant would not need to wait the six months. Gaffron noted the new application would need to go back before the Planning Commission. Peterson inquired whether the building permit would be held until the restoration plan is implemented. • PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Barrett stated those are two separate issues. Vogstrom stated he would be willing to sign an agreement saying that a certificate of occupancy would not be issued until the restoration plan is approved. Murphy inquired what steps the applicant is taking to address the lost trees on the Essen property. Vogstrom indicated he has spoken with the Essens a number of times and that it is his understanding they are agreeable with the restoration plan. Murphy moved, White seconded, to deny Application #3052, Eric Vogstrom, 2918 Casco Point Road, with the understanding that the applicant can submit a new application prior to six months provided he is requesting a different hardcover variance. NO VOTE TAKEN. Barrett inquired whether a 1,500 square foot plan would be considered a new application. Gaffron stated if the applicant comes in with a revised plan before December 22 "d, it would be brought back before the Council in January. McMillan inquired why tabling is not an option. • Peterson stated the application could be tabled if the applicant requests it. Murphy stated the applicant has indicated three times that he does not wish to table it. Vogstrom requested his application be tabled. Peterson moved, Sansevere seconded, to table Application #3052, 3052 Eric Vogstrom, 2918 Casco Point Road. Murphy withdrew his motion to deny the application. Moorse stated if the motion is to table the application, prior to the next Council meeting the Applicant should submit a revised plan depicting a 1,500 square foot footprint. Moorse suggested a deadline be given for submittal of that plan to Staff. Gaffron recommended two weeks prior to the Council meeting for receipt of the plan. Barrett stated the motion to table would take precedence. VOTE: Ayes 4, Nays 1, Murphy opposed. 10. #04 -3060 MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD — CONDITIONAL USE PERMIT • Michael and Donna Ebertz, Applicants, were present. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (10. #04 -3060 MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) Curtis stated in September the applicants conducted some work on their lot in an effort to stop the erosion of their lakeshore. A contractor was hired to re -grade the lake yard and install boulder rip -rap and boulder rock walls without City permits or review. The applicants were notified that permits were required and they have now applied for an after - the -fact hardcover variance and an after - the -fact conditional use permit. The Planning Commission voted 5 -2 on a motion to approve the after - the -fact conditional use permit and deny the after - the -fact hardcover variance. The recommendation was to allow the most lakeward wall with concurrent 0 -75' hardcover removals and to deny the addition of any other walls except for those determined by the Engineer to be crucial to the integrity of the lake yard. Curtis noted the City Engineer has reviewed the current plan and finds it to be adequate. Curtis stated the applicants have indicated that they are unable to reduce the hardcover in the 0 -75' zone in order to maintain the current level. Staff recommends approval of the application subject to concurrent hardcover removals in the 0 -75' zone. • Mr. Ebertz stated he purchased the property in 1999, with the previous owner having placed rip -rap in that area. Ebertz indicated some erosion had occurred in that area and he was attempting to prevent further erosion. Ebertz stated he was not aware of the need to obtain permits for this work or that boulders were considered hardcover. Ebertz stated in the Y- shaped area they were going to plant some hardy groundcover, noting that this area is not conducive to most vegetation. Sansevere inquired whether the applicants are agreeable with the City Engineer's recommendations. • Ebertz indicated he is fine with the recommendations, but expressed a desire to possibly remodel or expand the existing residence sometime in the future. Ebertz expressed a concern that this boulder wall would be included as hardcover on the lot. Gaffron stated the Council should decide whether the applicants should remove hardcover within the 0- 75' zone to compensate for the new hardcover created by the boulder walls. Sansevere inquired whether rip -rap is considered hardcover. Gaffron stated boulder walls are counted as hardcover and that rip -rap is normally not allowed nowadays. Gaffron stated the City has consistently considered boulder walls hardcover. Sansevere inquired whether there is any existing hardcover that could be removed. Gaffron stated the stairway and deck should probably be retained, but noted there is a little shed that does exist on the property that could be removed. Ebertz stated a small gravel road also exists on the property. Gaffron pointed out the gravel road should have been removed years ago. Murphy stated the boulders are located in the Y area. PAGE 12 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (10. #04 -3060 MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) Ebertz stated vegetation does not grow in that area and that the area is gradually eroding every year. McMillan suggested planting native grasses on top of the rip -rap or in between the rip -rap since their root system goes several feet into the ground and have proven to be more effective than boulder walls. Sansevere inquired what amount of hardcover is involved. Curtis stated it is 134 square feet. Gaffron stated the previous owner was told the gravel driveway had to be removed, the shed had to be removed, and that the only work that was permitted was to stop water running towards the house. Gaffron stated Staff had suggested to the previous owner that the existing wall be removed, with the wall having some slope to it. Gaffron noted the previous owner had agreed to remove the wall. Gaffron stated the only issue is whether some other hardcover should be removed to offset the new hardcover. White noted there are some items of hardcover on the property that could be removed. Ebertz inquired whether he is now being required to remove hardcover that the previous owner was responsible for. • Gaffron stated in his opinion items that were supposed to be gone in the past should be gone today and that it should be an issue for the City to discuss tonight. Gaffron indicated anytime work is done in the 0- 75' zone, other than a walkway to the lake, the hardcover needs to be offset so there is no increase in the 0 -75' zone. • Murphy inquired whether the applicant is agreeable to removing the items that Staff has suggested as well as 134 square feet of additional hardcover. Ebertz stated he is unsure exactly what items are being requested to be removed and that this is the first time he has heard that those items were a problem. Murphy inquired whether the applicant is willing to now remove the items that should have been removed. Ebertz reiterated that he is unsure what those items are. Murphy suggested that Staff work with the applicant on that issue. Murphy inquired whether the applicant is agreeable to remove an additional 134 feet of hardcover. Ebertz inquired whether he is supposed to remove 134 feet of hardcover in addition to the items that Staff has discussed. Sansevere questioned whether this property owner should be penalized for something the previous owner did not do. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (10. #04 -3060 MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) Barrett stated typically a resolution is filed against the property in conjunction with a variance approval and that the new property owners should have been aware of what was allowed on the property and what should have been removed. Murphy inquired whether the applicant is philosophically in agreement with removing 134 square feet of hardcover in exchange for leaving the boulders where they are. Ebertz stated it depends on what hardcover the City is requesting to be removed. Sansevere commented a small shed exists on the property that could be removed. Ebertz acknowledged that a small shed does exist on the property that is not depicted on the survey, but that he is unsure how many square feet that shed comprises. Gaffron stated he has documentation that shows the eight -foot gravel driveway was removed and that the loop was reduced in the 0 -75' zone. Gaffron stated previous modifications were in regard to the deck on the east end of the house and some work was also done in the southeast corner of the house next to the entryway that created a boulder retaining wall in the 0 -75' zone. Gaffron stated there were two previous applications on this property prior to the Ebertz's owning the lot. Gaffron noted the resolution was not signed by the previous property owner. Gaffron stated he considers this property out of compliance with approvals of the past and that he would like to see this property brought back into compliance. White inquired whether the applicant would like to speak with Staff in order to get a better understanding • of what Staff is looking to have removed. Ebertz stated he would like to speak with Staff. Ebertz stated he basically wanted to stop the erosion that was occurring and that he has some concerns with being required to do what the previous owner was supposed to have taken care of Peterson inquired whether the resolution is any good since it was not signed. Gaffron stated the resolution is not valid, but that there was some work done in conjunction with the two previous applications. Murphy inquired whether the City would be better off just requiring the removal of 134 square feet and not dealing with the past indiscretions. Gaffron stated he would be okay with that proposal as long as the 134 square feet of hardcover is not part of what previously was required to be removed. Gaffron stated the unsigned resolution indicates that the previous owner did not pick up the permit and did not agree to do the work. Gaffron stated the major portion of the work was not completed, but that he is unable tonight to provide a detailed history of the property. Murphy suggested tabling the application to allow the applicant time to discuss the hardcover removal with Staff. • PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (10. #04 -3060 MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) Gaffron stated he would prefer to bring this application back before the Council at their next meeting after he has time to review the history of this property. Ebertz questioned whether he would be better off removing the boulder wall than having to deal with all the outstanding issues left by the previous owner. Peterson noted these issues would need to be dealt with in the future if the applicant should decide to build onto his house. Murphy inquired whether the applicant is agreeable to tabling the application. Ebertz stated he is. Murphy moved, Sansevere seconded, to table Application #04 -3060, Michael and Donna Ebertz, 1220 Tonkawa Road. VOTE: Ayes 5, Nays 0. Curtis inquired whether the applicants have implemented what the City Engineer has recommended to prepare the site for the winter and spring. Mrs. Ebertz stated they have. • *11. #04 -3066 WILLIAM & ANITA ROUSE, 4051 HIGHWOOD ROAD — VARIANCES — RESOLUTION NO. 5270 Murphy moved, White seconded, to adopt RESOLUTION NO. 5270, a Resolution Granting Side Setback Variances and a Lake Setback Variance for Bill and Anita Rouse, 4051 Highwood Road. VOTE: Ayes 5, Nays 0. 12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE — VARIANCES — RESOLUTION NO. 5259 Amanda and Dennis Walsh, Applicants, were present. Gaffron stated at the last Council meeting action was taken to approve the requested variances and allow the entire gravel parking /snow storage area to remain. After the applicant had left the building, the Council voted 5 -0 to reconsider, and directed Staff to attempt to obtain an easement for the snow storage area from the applicant. Since the meeting Staff has asked the applicant if he would be willing to grant an easement, with the applicant indicating that he is opposed to the easement. Gaffron indicated a number of agreements were proposed, with one agreement granting the City the right to temporarily use the property for the purposes of snow storage for a period of ten years. Gaffron stated under this agreement the City would agree to pave the area to minimize the amount of crushed rock that is currently deposited from the snow storage area onto the owner's lawn. This agreement would be binding upon future owners of the property but would expire after ten years. Gaffron indicated it is Staff's • understanding the applicants are agreeable to entering into this agreement but in Staff's perspective the agreement is flawed in a number of ways. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, • 1354 REST POINT LANE, Continued) Gaffron indicated the other agreement Staff is proposing grants Orono the right of temporary use of the area for the purposes of snow storage and the occasional public parking of vehicles. Gaffron noted the public parking of vehicles in this area was discussed at the last Council meeting, and indicated this is a case where a previous owner had actually removed some hardcover in this area but that the hardcover has re- appeared over the years. Gaffron stated this area does serve some benefit to the City and that Staff would like to memorialize the agreement on the title of the property. Gaffron noted this agreement shall terminate ten years from the date signed, and upon termination of the agreement, if a new agreement is not established between the owner and the City, the property owner agrees to remove the hardcover comprising the agreement area. Gaffron stated the agreement further states that should the owner fail to remove the hardcover comprising the agreement area, the owner herein gives permission to Orono to remove the hardcover comprising this area. Gaffron stated Item 6 of the agreement states that upon termination of this agreement, the Owner agrees to abide by City Codes Section 18 -1 and 82 -2 regarding the extent of the right -of -way on the subject property, to keep this area free from obstructions, and to allow Orono to store snow within that right -of- way as deemed necessary. Gaffron stated Orono's City Code defines the right -of -way as ten feet past the pavement regardless if it is in someone's property or not. Murphy noted the Public Works Department is saying this area is necessary for snow storage, and • inquired of Public Service Director Gappa whether the snow storage in this area is necessary. Gappa stated the easiest way to plow this street is to put the snow in that location but that if necessary the Public Works Department could possibly plow a different way. Gappa noted the city has been depositing snow in that area for a long period of time. Sansevere suggested the Public Works Department consider other options for snow deposit, noting that a number of conditions have been added to the snow storage for this area that he is not totally comfortable with. Sansevere noted the applicant would then be required to remove the hardcover in that area if it is no longer used for snow storage. Mr. Walsh indicated he is fine with removing the hardcover. Gappa stated they probably would go back to claiming the ten feet of right -of -way and depositing the snow in that area. Gaffron stated the Public Works Department recommends maintaining some portion of the existing gravel, particularly the area adjacent to the curb. Mr. Walsh indicated half of that area is above the 250' line, with the other half lying in the 75' -250'. Mrs. Walsh commented there is a wall in that raised area. Walsh indicated the snow gets pushed over the wall, which results in snow and gravel being pushed into a vegetable garden on the property. Walsh stated they have attempted to come up with a compromise that would eliminate the snow being pushed up • over the wall. PAGE 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE, Continued) Sansevere stated the City should be considering solutions that do not intrude upon the residents. Mrs. Walsh noted they did suggest pavement in that area. Sansevere indicated the City should consider a solution that does not impact this property. Murphy stated it does not sound like there is a total solution to this problem unless it does not snow. McMillan inquired whether there is another material that could be used rather than loose gravel or pavement. Gappa commented snow is pushed off the roadway into yards in a lot of areas, with other property owners also experiencing rock in their yards. Gappa stated the neighborhood parking was discussed but that it did not appear the applicants were interested in having that in the agreement. Mr. Walsh stated he does not have a problem with having the parking, but by putting in the agreement the fact that this portion of the property is open to the general public raises all sorts of issues with liability and insurance. Walsh indicated he would prefer that language not be included in the agreement. • Walsh stated he did discuss the public parking last time and that his neighbors do park in this area from time to time. Walsh stated the parking by the neighbors was not the reason for the gravel and that the gravel is there specifically for the snow. Walsh indicated they originally were willing to leave the area gravel, but after the call from the City saying if an easement agreement is not entered into, the City would rescind the approval. Walsh stated he took the phone call as sort of a threat. Sansevere commented the situation does appear to have become somewhat confrontational. White stated the idea of an easement was brought up after the applicants left the last meeting. White suggested the parties go back to the point they were at prior to the easement being suggested. Murphy stated the snow could be hauled away. McMillan inquired whether the hardcover would need to be removed. Walsh stated originally they were just going to leave it the way it is and just handle the snow storage on a handshake basis. Walsh noted Gappa had an issue with the possibility of the property being sold and the future owner opposing the snow storage. Walsh stated he then suggested he would be agreeable to a ten - year agreement to allow the snow storage but that he would rather the area be paved. Walsh noted that is when other issues were being brought into the easement and that he had questions whether these things were applied to other people within the City. White stated he is willing to go back to the agreement the City Council had with the applicants prior to • the request for the easement. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, • 1354 REST POINT LANE, Continued) Walsh stated he is not opposed to the agreement proposed by Gappa, but that he does have some concerns with the agreement being proposed by Gaffron. Peterson stated she would like to go back to the original reason this application is before the Council. Gaffron stated the applicants proposed to tear down the existing westerly addition and rebuild it, which brought the hardcover on the property under review. Gaffron indicated this is a property that has additional hardcover on it than what has been approved. Gaffron stated the gravel area was to have been removed with the first variance application by a previous owner and re- appeared prior to the second variance application. Gaffron indicated Staff at the time of the second variance application failed to require removal of the hardcover. Gaffron stated it is his view that Staff's perspective at that time was the fact that this area was utilized for snow storage and neighbor parking were justification for the hardcover in the area to remain. Gaffron stated if the area is no longer going to be utilized for snow storage or neighborhood parking, the question becomes whether there is still a hardship for the hardcover to remain. Staff is looking for an agreement or easement that would give the City the right to utilize that area permanently even after the property is sold. Murphy stated to his recollection the council agreed, based on the snow storage and the neighborhood parking, that there was a hardship. Murphy stated it is true the City currently needs this area for snow storage, but that the City could look at other options for snow storage if this area is no longer available. Mr. Walsh stated in his view the City could either have the ten -year agreement proposed by Gappa or • leave it as is. Murphy inquired whether the City is better off with ten years or a handshake agreement. Sansevere stated at the time this area is no longer utilized for snow storage, the City could require the hardcover to be removed. Barrett stated the resolution passed by the Council did approve the potential for this hardcover because of the convenience to the neighbors and the snow storage. Barrett stated in his opinion the ten -year agreement is a better deal than what currently exists. McMillan inquired whether parking would increase in that area if it were paved. Walsh stated in his view it would not increase, noting that the neighbors normally ask permission to park in that area. Gaffron stated the resolution would need to be revised since the resolution last time did not reflect that the hardcover would remain. Barrett inquired what the difference is between the two agreements. Gappa stated one agreement does not contain language concerning the public parking, which is the agreement the applicants have indicated they are agreeable to. • PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 • 7:00 o'clock p.m. (12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE, Continued) McMillan stated in her view there should be a provision to allow for emergency vehicle parking. Walsh stated Gaffron's agreement contains language regarding public parking, removal of the hardcover if the agreement is not renewed, and abiding by City Codes. Walsh stated he is unsure how the language relating to abiding by City Codes impacts him legally. White inquired what City Codes are being referred to. Gaffron stated the codes referred to deal with right -of -ways and definition of street or road. Gaffron stated the City's definition includes the ten feet off the pavement regardless if it is located in a right -of- way. Gaffron stated the property owner is not allowed to put anything within that 10 feet that would obstruct. Mr. Walsh inquired why an agreement is necessary if it is already in the city code. Barrett stated he tends to agree with the applicant. Barrett stated every resident in the City is bound by City Codes whether they agree to them or not. Peterson inquired whether both agreements have language saying the City would pave this area. • Mr. Walsh stated they do. Walsh stated he offered to do the ten -year agreement, with his compensation being that the area be paved and a retaining wall be erected. White stated the City was going to allow the hardcover to remain in return for the use of that space. Gaffron inquired whether by creating an agreement to allow the City to use the ten feet, should that agreement go away, has the City basically stated that an agreement is needed to have the 10 feet. Gaffron stated he does not want the City to give up any rights it may have by creating this agreement. Barrett stated he is not concerned about that. Barrett stated this is occurring in the context of a variance application, the purpose of which is to determine how much hardcover should be removed. Barrett stated he views this as a convenience to the City to agree to the ten years with no obligation to pay or to construct any walls. Walsh suggested utilizing Gappa's agreement. Walsh indicated the portions concerning the retaining wall, the paving, and the language requiring removal of the hardcover if a new agreement is not reached are not contained in that agreement. Walsh stated the agreement would give the City a ten -year right to store snow in that area. White moved, Murphy seconded, to approve the short agreement proposed by Gappa, with the elimination of Item No. 2 requiring Orono to pave the agreement area, and with the understanding the hardcover in the agreement area would be removed if the terms of the agreement are not being met or upon expiration of the agreement. • Gaffron stated the current resolution does not give the hardcover any permanent right and is not part of the variance application. Gaffron indicated number eight states that "The applicants shall enter into an PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, • 1354 REST POINT LANE, Continued) agreement with the City which would allow the City to use the gravel area existing on the street side of the lot for the purposes of snow storage and overflow neighborhood parking. If at any time the terms of the agreement are not being met or the agreement has expired, the applicants shall remove and /or give the City permission to remove the hardcover comprising this gravel area." Gaffron inquired whether the Council would like that language to be included in the revised resolution. White concurred that the hardcover should be removed if the area is not used for snow storage. Gundlach stated the hardcover would be tied to the agreement and not the resolution. Walsh stated there are two sections of land being dealt with tonight — the 75' -250' and the 250' and above. Walsh stated he is in compliance in the 250' -500' zone. Gundlach stated the gravel area was never included in the hardcover calculations that were submitted by the builder because the builder did not realize it was considered hardcover. Gundlach stated the calculations were revised in the 75' -250' zone but were not revised for the 250' -500' zone. Gundlach indicated she does not know whether the applicant is compliant in the 250' -500' zone. Gaffron stated the applicant would be allowed 30 percent in that area. White stated the City could define the hardcover that should be removed in that area if the agreement does • not go forward. VOTE: Ayes 5, Nays 0. *13. #04 -3069 G & L LAND INVESTMENTS LLC, 2665 MAPLERIDGE LANE — VARIANCE — RESOLUTION NO. 5271 Murphy moved, White seconded, to adopt RESOLUTION NO. 5271, a Resolution granting an average lakeshore setback variance for 2665 Mapleridge Lane. VOTE: Ayes 5, Nays 0. RECOGNITION 2. ANDREW MCDERMOTT — PARKS, OPEN SPACE AND TRAILS COMMISSION - RESOLUTION NO. 5262 Peterson moved, Sansevere seconded, to adopt RESOLUTION NO. 5262, a Resolution of Appreciation to Andrew McDermott for Distinguished Service as a Member of the Parks, Open Space, and Trails Commission. VOTE: Ayes 5, Nays 0. 2A. SAM AND JOYCE MARFIELD — RESOLUTION NO. 5263 Peterson moved, Murphy seconded, to adopt RESOLUTION NO. 5263, a Resolution Recognizing Sam and Joyce Marfield for their Generous Donation to the Long Lake Fire Department. VOTE: Ayes 5, Nays 0 • PAGE 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • MAYOR/COUNCIL REPORT Murphy stated a meeting is scheduled for this Friday regarding the Highway 12 project. Murphy stated overall the committee is satisfied with the progress being made on the new corridor, with the only potential issue being phase two, which is construction of the two interchanges. Murphy indicated that portion of the project could be delayed in order to obtain the appropriate easements. Murphy stated the railroad tracks are scheduled for relocation in the spring. Moorse noted pilings are going to commence for the south abutment of the Old Crystal Bay Road bridge in the near future. Murphy stated another issue is the Carlson property. Murphy inquired what the status of that property is. Moorse noted that MN/DOT have made another offer, which has not been accepted. PUBLIC SERVICE DIRECTOR'S REPORT *14. REQUEST FOR PAYMENT #1 BIRCH LANE STORM SEWER PROJECT Murphy moved, White seconded, to approve Request for Payment No. 1, Birch Lane Storm Sewer Project to Midwest Asphalt, Inc., in the amount of $42,653.47. VOTE: Ayes 5, Nays 0. *15. REQUEST FOR PAYMENT #1 LEE CARLSON BALLFIELD TRAIL • Murphy moved, White seconded, to approve Request for Payment No. 1, Lee Carlson Ballfield Trail Project to DMJ Corporation, Inc., in the amount of $61,725.25. VOTE: Ayes 5, Nays 0. *16. STONEBAY STORMWATER TRUNK FEE CREDIT Murphy moved, White seconded, to approve a Stormwater Trunk Fee Credit of $103,788 to Dahlstrom Development to be funded from the Stormwater Utility Fund and approval of a budget Adjustment for the 2004 Stormwater Utility Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. Murphy moved, White seconded, to approve payment of a Net Stormwater Trunk Fee Credit of $97,642 to Dahlstrom Development. VOTE: Ayes 5, Nays 0. *17. ACCEPT BID FOR NAVARRE PARK GARAGE Murphy moved, White seconded, to accept the bid of $500 from Dennis Bruce, 3422 Lyric Avenue, for the purchase and removal of the garage located on the City property adjacent to Navarre Park. VOTE: Ayes 5, Nays 0. *18. PURCHASE TRACTOR MOWER Murphy moved, White seconded, to approve the purchase of a Public Works replacement John Deere Tractor from Scharber & Sons, Inc., with the trade -in of the existing 1992 John Deere • Tractor Mower. The total cost with the trade -in allowance is $27,480, to be funded from the year 2004 Improvement and Equipment Outlay Fund budget. VOTE: Ayes 5, Nays 0. PAGE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. ( *18. PURCHASE TRACTOR MOWER, Continued) Murphy moved, White seconded, to approve the purchase of a Public Works replacement side flail mower from Diamond Mowers, Inc., at a total cost of $17,790 to be funded from the year 2004 Improvement and Equipment Outlay Fund budget. VOTE: Ayes 5, Nays 0. *19. WATER SYSTEM VULNERABILITY ASSESSMENT Murphy moved, White seconded, to approve the Water System Vulnerability Assessment and Emergency Response Plan preparation by Bonestroo Engineers at a cost of $12,900, to be funded from the Water Fund, and approval of a budget adjustment to the 2004 Water Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. 20. BIRCH LANE CONDEMNATION - RESOLUTION NO. 5272 Gappa stated he has spoken with the property owner today, with the property owner suggesting that the City purchase the entire property valued at approximately $20,000. Gappa stated the value for the easement is $1,600. Gappa commented the property owner was informed that the City does not require the entire property and noted the City will continue negotiations with the property owner in order to arrive at some kind of solution. Murphy stated in his view condemnation by the City should be a last resort and that the $1,600 is a reasonable amount to pay for this easement. Murphy moved, White seconded, to adopt RESOLUTION NO. 5272, a Resolution Authorizing the • Permanent Taking of Land by Eminent Domain for the Birch Lane Drainage Project. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *21. 2005 FEE SCHEDULE — ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION NO. 22, THIRD SERIES Murphy moved, White seconded, to adopt ORDINANCE NO. 22, Third Series, an Ordinance Adopting the 2005 Fee Schedule and Repealing Ordinance No. 224, Second Series, and Summary Ordinance for Publication. VOTE: Ayes 5, Nays 0. 22. 2005 MEETING SCHEDULE Murphy stated he would like to see.some Council workshop dates scheduled. Murphy suggested the Tuesday after each Council meeting be set aside for a workshop, with a minimum of one workshop a month. Moorse indicated Staff would prefer the Council workshops be held on Thursday following the Council meeting. Murphy indicated he is agreeable to Thursdays if it is in the same week as the Council meeting. • PAGE 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. • (22. 2005 MEETING SCHEDULE, Continued) Murphy moved, Peterson seconded, to approve the 2005 meeting schedule with a City Council workshop being added on the Thursday following the City Council meeting, commencing January 27 "'. VOTE: Ayes 5, Nays 0. 23. COUNCIL LIAISON TO PARK COMMISSION AND PLANNING COMMISSION MEETINGS IN 2005 Peterson moved, McMillan seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 2005. VOTE: Ayes 5, Nays 0. 24. APPOINT PARK COMMISSION CHAIR AND VICE CHAIR McMillan moved, White seconded, to appoint Irene Silber as Chair and Paul Pesek as Vice Chair of the Parks, Open Space and Trails Commission. VOTE: Ayes 5, Nays 0. *25. 2004 INTERFUND TRANSFERS AND LOAN PAYMENTS Murphy moved, White seconded, to approve the Schedule of 2004 Interfund Transfers and Loan Payments. VOTE: Ayes 5, Nays 0. *26. AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED • Murphy moved, White seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 27, 2004 Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 10, 2005 Council meeting. VOTE: Ayes 5, Nays 0. *27. APPOINTMENT OF FULL -TIME POLICE OFFICER Murphy moved, White seconded, to approve the hiring of Chad Richard Stensrud for the position of Police Officer at the starting police officer pay rate, beginning December 13, 2004. VOTE: Ayes 5, Nays 0. 28. POLICE OFFICER CONTRACTOR FOR 2004 -2005 Peterson moved, White seconded, to approve the 2004/2005 police officer contract settlement, and to authorize the City Administrator to sign a contract reflecting the approved settlement. VOTE: Ayes 5, Nays 0 29. 2005 NON -UNION COMPENSATION — BENEFITS CONTRIBUTION REVISION — RESOLUTION NO. 5273 Murphy moved, White seconded, to adopt RESOLUTION NO. 5273, a Resolution Approving Pay Plan Adjustments for Non -union City Employees for 2005, which reflects an increase in the City's benefit contribution to $565.00 per month. VOTE: Ayes 5, Nays 0. PAGE 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. 30. 2004/2005 POLICE SERGEANT CONTRACT SETTLEMENT Moorse indicated he had spoken with the business agent on Thursday and informed him that this item would be discussed at the Council meeting on Monday. Moorse stated apparently the business agent did not have the opportunity to discuss this with the sergeants and he has not received a response back. Moorse stated the only issue for 2004 is the benefits contribution. Moorse stated no action is necessary on this item. *31. ACCEPT FRATERNAL ORDER OF POLICE (FOP) SCHOLARSHIP DONATION Murphy moved, White seconded, to accept FOP scholarships for the Calibre Press Street Survival Seminar. VOTE: Ayes 5, Nays 0. *32. APPROVE ANIMAL IMPOUND CONTRACT Murphy moved, White seconded, to approve the 2005 Impound Service Fee of $4,100.71 to the Greater West Metro Humane Society. VOTE: Ayes 5, Nays 0. *33. TEMPORARY PART -TIME CLERICAL EMPLOYEE Murphy moved, White seconded, to approve the hiring of a temporary, part -time clerical employee, at a pay rate of $10.00 per hour, to assist with receptionist duties during the employee recognition event on December 17, 2004. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Tom Barrett, City Attorney, had nothing to report. Gaffron stated Ms. Pagonis did not appear at the hearing scheduled for today, with the judge being unable to reach Ms.Pagonis. Gaffron stated the judge indicated he would be ruling in the City's favor based on the default of the other party. 34. LICENSES Peterson inquired whether the license for the Narrows Saloon should be revoked given the number of complaints received regarding that establishment. Murphy noted Long Lake has elected not to renew the liquor license for Larry's due to the owner receiving two DWI's. Murphy stated the police department has received a number of complaints regarding noise coming from the Narrows Saloon and that the owner has personally received a number of tickets. Moorse stated the City did receive a similar memorandum last year concerning the Narrows Saloon and that there appears to be one new infraction. • U Peterson inquired whether the City should put Mr. Anderst on notice that his liquor license is in jeopardy if further complaints are received. Murphy stated in his view this situation will not improve unless the City takes some action. • PAGE 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (34. LICENSES, Continued) White inquired if a periodic review could be done. Barrett stated the applicant could be sent a letter informing him that his license is being reviewed and that if these types of complaints do not cease, that his license may be revoked. Sansevere noted the noise complaints have resulted from the doors being propped open. Murphy suggested sending the letter and adding this item to the workshop agenda. ANNUAL LIQUOR LICENSES On Sale 3.2 Beer 1. Lakeview Golf of Orono, Inc. 405 North Arm Drive 2. Orono Golf Course 265 Orono Orchard Road South Off Sale 3.2 Beer • 3. O'Sullivan's 2420 Shadywood Road On Sale Liquor and Sunday 4. Narrows Saloon (Orono Liquor Inc.) 3380 Shoreline Drive SPECIAL EVENT 5. Applicant: Stonewood Design and Build, LLC Event: 2005 Spring Preview Parade of Homes Location: 2695 Kelly Avenue Date: February 12 — 20, 2005 Time: Noon — 6:00 p.m., Thursday - Sunday McMillan moved, Sansevere seconded, to approve the above licenses. Murphy questioned whether the motion be made contingent upon a letter being sent to the owner of the Narrows Saloon, followed by a workshop to discuss the issue. McMillan amended the motion, Sansevere seconded, to approve the above licenses, with approval of the On Sale Liquor and Sunday license for the Narrows Saloon being contingent upon a letter • being sent to James Anderst putting him on notice that his license may be suspended if further PAGE 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (34. LICENSES, Continued) 49 complaints are received, and to direct Staff to schedule this item for the neat City Council workshop. VOTE: Ayes 5, Nays 0. *35. BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council meeting of December 13, 2004, at 10:25 p.m. VOTE: Ayes 5, Nays 0. Peterson moved, Murphy seconded, to reopen the City Council meeting at 10:28 p.m. VOTE: Ayes 5, Nays 0. Murphy moved, Sansevere seconded, to approve a three percent salary increase for the City Administrator, effective January 1, 2005. VOTE: Ayes 5, Nays 0. Peterson moved, Murphy seconded, to adjourn the Orono City Council meeting of December 13, 2004, at 10:30 p.m. VOTE: Ayes 5, Nays 0. • ATTEST: Vee, City Clerk Barbara A. Peterson, Mayor • PAGE 26