HomeMy WebLinkAbout02-12-2007 Council Minutes'^ 1
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MINUTES OF THE
ORONO CITY` COUNCIL MEETING
Monday1,February 12, 2007
7:00 o'clock p.m.
ROLL CALL
The City Council met on the above - mentioned d
White, Council Members Jim Murphy, Lili Mch
Administrator Ron Moorse, Planning Director IV
Andrea McDowell Poehler, City Engineer Tom
Mayor White called the meeting to order at 7:02
CONSENT AGENDA
1. APPROVE /AMEND
with the following members present: Mayor James
in; and Cynthia Bremer. Representing Staff were City
Gaffron, Planner Evelyn Turner, City Attorney
logg, and Recorder Jackie Young.
i., followed by the Pledge of Allegiance.
Item Nos. 3, 9 11, 12, 13, 14 15, 17, 18, and 19 Were added to the Consent Agenda.
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Item No. 2 was removed from the'Consent Agen i a.
Murphy moved, McMillan seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 4, Nays 0.
APPROVAL OF MINUTES
2. REGULAR COUNCIL MEETING 01. JANUARY 22, 2007
McMillan requested the minutes on page three be corrected to read development to the west rather than
development to the east.
McMillan moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of
January 22, 2007, as amended. VOTE: Ayes 41 Nays 0.
PLANNING COMMISSION COMMENTS — J YE ANN ZULLO, REPRESENTATIVE
Zullo stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR'S REPORT
*3. #06 -3169 CHRISTOPHER HAROLD 'I
*3. TOWNLINE ROAD,
SUBDIVISION: FINAL PLAT APPROVAL — RESOLUTION NO., 5574
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5574, a Resolution approving
the plat of Diesen Development. VOTE: Ayes 4, Nays 0.
PAGE 1 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
4. #06 -3231 WILLIAM S. DAMPIER, 3550 IVY PLACE - VARIANCE •
William Dampier, Applicant, was present.
Turner stated the applicant is proposing to maintain an existing cantilevered 23 -inch by 30.2 foot
lakeward extension of his house and construct an additional 114 square foot semicircular addition. The
applicant requests the following variances:
1. Aside setback variance of 3.4 feet for the cantilevered area when a 10 -foot setback is
required;
2. A 16.18 percent structural lot coverage variance when 15 percent is allowed.
The applicant proposes to reduce hardcover in the 75 to 250 foot zone from 48.9 percent to 45.1 percent
by not constructing the remainder of the non - structural deck allowed by Resolution No. 2564.
This item was tabled by the Council on October 9, 2006, and requested a statement from Lyle Oman,
Building Official, regarding a possible verbal authorization to proceed with construction prior to issuance
of the building permit, which is Exhibit I, and information about the surrounding area contained in
Exhibits J and K. The applicant has also provided additional information that is contained in Exhibit L.
The Planning Cormnission reviewed the request on September 18, 2006, and voted 4 -1 to recommend
approval of the application subject to the submittal of a revised plan with the following parameters that
would decrease the impact of the proposal:
1. Allow the cantilever as constructed 3.4 inches from the side lot line.
2. Redesign the half -round room to meet the 10 -foot side setback when centered on the house. •
3. Redesign the deck to be only a half circle directly under the half -round room, reverting the
remainder of the former deck area to non - hardcover lawn area.
Planning Staff continues to recommend denial of the variances.
White inquired whether the applicant had received the comments of the building inspector.
Dampier stated he has and that he has also compiled a brief timeline of the events that have transpired
concerning his application. Basically a permit was applied for in April and in early June Lyle Oman was
asked about the status of the permit application. Dampier stated he was told at that time he could proceed
with the work and that Oman would be issuing a building permit in the near future. Construction on the
residence was started in early June, and by mid July, the framework and the cantilevered area were
completed. Dampier stated at that time, in mid July, the building inspector informed him that he could
not build out as he had originally planned and that he subsequently spoke'with the city administrator and
other officials with the City. I3e was told at that time that he required a variance. Shortly after that time
the hole for the foundation was filled back in.
Dampier stated in September, work had been commenced on the roof of the house and the building
inspector informed him that the cantilevered level extended too far and the project was red tagged.
Dampier indicated he was granted pennission to finish the work up to the foundation. The hole was filled
back in on August 7, 2005, and nothing further was constructed from the foundation forward. Dampier
stated he has submitted some receipts from the excavator showing that work was commenced in June.
is
PAGE 2 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,;lFebruary 12, 2007
7:00 o'clock p.m.
(4. #06 -3231 WILLIAMS. DAMPIER,
Dampier stated he commenced work when he
in his opinion he has not intentionally defied s
instructions that he received.
Dampier stated he has submitted a signed
construction of his house.
Murphy inquired whether there was a variance
01VYPLACE, Continued)
authorized to do so by the building inspector and that
)dy at the.City and that he has followed the verbal
by Austin Dick, who has assisted him in the
to do the work that was completed.
Dampier stated he is attempting to relay the facts' as they, happened and that when he spoke to the building
official in April, the bow and cantilever areas were reflected on his plans and the building inspector
reviewed his plans. In June verbal permission by the building inspector was given to proceed forward.
McMillan pointed out the drawing is different than what was submitted in 2000 and asked why the
drawing was changed. 11
Dampier stated he would address that issue. Dampier distributed documentation regarding his application
dating back to 1998. Dampier stated he received'permission by Planner Bottenberg to construct a portion
of the house in 1998 as long as he stayed below 40 percent hardcover and that he would not have to
conform to the new construction rules, which included the 15 percent structural coverage limit. Dampier
stated a year later he was told by Planner Gaffron (that he exceeded the 15 percent and that he would not'
be allowed to proceed forward with construction. jDarnpier stated at the time he purchased the property,
the house exceeded 15 percent.
In May of 2000, a meeting was held with Oman
would probably have to replace the rest of the hoi
submit plans showing the replacement of those se
the deck showing the area that he would be const
would not be approved. Dampier stated Gaffron
Gaffron was asked at that time whether he would
and he was told that Plamier Gaffron would recor
was discussed.
Gaffion, and Dampier stated he was told that he _
given the condition of it and that he was requested to
)ns. Dampier stated at that meeting he drew a line on
:ing up to and he was told by Planner Gaffron that if
i drew a second line, which was a compromise.
able to construct even with the front of the building
-nd approval of the project if it was constructed as it
Dampier stated it was his understanding that they had agreed he could construct the bow on the house to
the line drawn by Gaffion and that he started construction on Labor Day, 2001, after he was granted
another building permit. Dampier stated at that point Lyle Oman did not say anything about the project.
Dampier stated in April 2005, Oman granted him verbal permission to proceed with another portion of the
project but he was later told in July that he would need to stop work.
McMillan inquired whether there is a site plan
Gaffron stated there is a drawing that is part of the
the resolution that was adopted in 2000.
Murphy noted they do have the drawing included within their packets..
PAGE 3 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
(4. #06 -3231 WILLIAM S. DAMPIER, 3550 IVY PLACE, Continued) •
White stated the applicant's timeline matches with Lyle Oman's timeline and that the issue appears to be
the bump -out. White noted the building inspector states the plans did show a-bump -out but that he was
under a heavy work load and did not get back to the plans until August.
Dampier stated it was his intent to remain at 40 percent hardcover. Dampier stated Planner Bottenberg
was adamant that a one and a half story had to remain a one and a. half story and that he could not go
above what existed. .
Murphy asked the applicant what he feels is the issue today.
Dampier stated the issue is whether he can add an additional 114 square feet for the bump -out and to
maintain an existing cantilevered 23 inch by 30.2 foot lakeward extension.
Gaffron stated the plans have been revised from 9 feet to 8.5 feet in order to meet the setback.
Murphy asked if the total area would be 127 square feet.
Turner stated the bow is 114 square feet and is illustrated on Exhibit F.
White inquired whether the 23 inches was an oversight.
Dampier stated in 2005, he depicted that area as beyond the foundation along with the bump -out, but by •
mid July he was told he could not construct the bump -out.
Murphy asked where the cantilever is located.
Dampier stated the first floor is 18 inches out and the second floor is 8 inches out.
Gaffron illustrated the existing portions of the house and the area that the applicant is proposing to
construct.
McMillan stated in her view the bump -out was never really a part of the original plans and that it was
added on in 2005 during the construction. McMillan stated she would be okay with allowing the existing
cantilevered area and reconstructing the nonstructural deck. McMillan stated she does not see a
justification for the bump -out.
Dampier stated his great room overlooks two garages and a driveway and that it was constructed in that
manner because he was ordered to construct it as a one - story. Dampier stated that area consists of 700
square feet and that he is only left with a small area that can be utilized as bedroom space.
McMillan stated the great room is really not part of what is being discussed tonight and that she
understands the construction of the great room does not allow much room for bedrooms and other living
space.
Dampier stated even with the bump -out, he would have less structural coverage than both of his neighbors
and that he is willing to trade his deck for the bump -out. Dampier stated the 2000 permit allows him to •
build a 480 square foot deck.
PAGE 4 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, l+'ebruary 12, 2007
7:00, o'clock p.m.
(4. ` #06 -3231 Tf'ILLIAM S. DAMPIER,
Turner stated the original deck was considered
it would not be considered structural.
ITI'PLACE, Continued)
and was then revised and constructed in tiers so
Gaffron stated the bump -out was not part of the plans until 2005.
Dampier stated revising the deck was initially
Bremer stated she did recommend approval of tl
Commission and that she felt at that time the Cif
approving the application. Bremer noted the ap]
originally proposed and that she was in favor of
side yard setback and resulted in a large reducti(
hangs over a space, does not extend all the way
covered porch.
Bremer stated she was not aware of the issues wi
Planning Commission. Bremer commented that
building official to know exactly what the applici
Bremer stated the building official should not ha,
near future and that the applicant could go ahead
done a considerable amount of construction previ
he received the building permit.
and then later approved.
application in the fall when she was on the Planning
would be gaining two important concessions by
cant did reduce the size of the bump -out from what was
e application because it required abiding by the ten -foot
of the deck. Bremer pointed out this is a structure that
the ground, and would have the appearance of a
the building official at the time this was before the
ven his work load, it would be impossible for the
: was talking about with the cantilevered portion.
said that he would be issuing a building permit in the
.th the work. Bremer pointed out the applicant had
is to this and that he knew he should have waited until
Dampier stated in hindsight he regrets not waiting for the building permit but that he was anxious to get
started on the project and went ahead once he received verbal permission from the building official in
June.
Murphy stated everything that is already under
without the variance.
Dampier stated he is in need of additional
Murphy asked what would happen with the
Gaffron stated to his understanding the revised
original deck, but that he has not seen a revised
Murphy inquired whether the bump -out would be U
Gaffron stated it appears it would be.
Murphy inquired whether the amount of structural c
Gaffron stated you would need to add 58 square
172 square feet.
except the bump -out could be finished
space, which is the reason for the bump -out.
runoff if the bump -out were constructed.
and the bump -out would create less runoff than the
age plan.
for runoff than the original deck.
being requested is 114 square feet.
for the cantilever to the 114 square feet for a }total of
PAGE: 5 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
(4. #06 -3231 WILLIAMS. DAMPIER, 3550ITlYPLACE, Continued) •
Turner stated the structural coverage on the lot would increase from 14.87 to 16.18 and the hardcover in
the 75 -250 foot zone would decrease fiom 48.9 percent to 45.1 percent. ,
Murphy commented he is amazed the applicant can remember all these details but that he is troubled by
the fact the applicant did not realize he should have waited until the building pernlit was issued. Murphy
stated given the reduction in the overall square footage of the deck and the reduction in runoff, he would
not be opposed to the bump -out.
White commented there are other problems with this property and requested the applicant clean rip the
materials between his property and the neighbors as soon as possible as part of this application.
Dampier stated he would clean it up.
White inquired how long it would take to complete the construction.
Dampier stated as soon as the excavator can dig out the area, he would start work on the project and that
he should have the front of the house completed by mid July at the latest. Dampier stated the exterior
should be completed by the fall.
Murphy requested the project be completed by Labor Day.
Moorse stated since there is a concern regarding the clean -up, he would suggest that the council make the •
clean -up a condition of approval. Moorse inquired what action the City could take if the property is not
cleaned up.
Dampier stated the only area that is messy is the area that is directly affected by the construction and that
he would be willing to relocate the piles of materials if the neighbors complain about the mess.
Brenner stated it is the responsibility of the building official to make sure that the property gets cleaned up
and that she does not necessarily feel it needs to be a condition of approval in this motion.
City Attorney Poehler stated the issuance of the building permit could be conditioned upon the property
being cleaned up or requiring the applicant to provide the City with a cash escrow.
Dampier stated he would be willing to provide an escrow if the City requires it.
Murphy stated the clean -up should be completed by Memorial Day and the project on the outside should
be completed by Labor Day. Murphy noted the bump -out can only extend out 8.5 feet.
Gaffion stated there would be 23 inches allowed for the cantilever and then the bump -out at 8.5 feet, with
no deck extending beyond the bump -out.
Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution for Application
#06 -3231, William S. Dampier, 3550 Ivy Place, with the condition the property is cleaned up by
Memorial Day and on the condition the exterior of the project is completed by Labor Day.
VOTE: Ayes 3, Nays 1, McMillan Opposed. .
PAGE 6 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
5. #06 -3240 CITY OF ORONO ZOl
"BASEMENT" AND "STORY" — CODE
Gaffron stated the Planning Commission approv
16, 2006. Council reviewed this briefly at the C(
by Loren Schoenzeit about how the amendment
given that our hardcover and lot coverage ordina
tabled the amendment, with Staff requesting that
pending permit/variance applications. Council r(
determined that the amendment should move for
The determination whether the lowest level of a ]
of the foundation is below existing natural grade.
definition of basement relies on ambiguous or un
extent on Building Code definitions which are in
Staff has been using a "functional definition" that
unwritten definition has caused some confusion ai
Currently Staff is using the "functional definition"
basement (and not a story) when at least 50 percer,
existing grade, not filled finished grade) to a heigf.
measure up from the lowest floor). The perimeter
house or garage that do not have a lower level but
Staff is recommending that the existing code defin
following code revisions be adopted:
1. "Story. That portion of a building inc
upper surface of the floor or.roof next
to top of two successive tiers of beam;
from the top of the floor finish to the t
to the top of the roof rafters. A story tl
considered as a basement and not as a
in a building."
Murphy inquired whether it would still
Gaffron stated if more than 60 percent of it is
but would be considered a story.
Murphy inquired what would happen if the City del
requires a basement.
Gaffron stated it would be considered a functional I
stated the structure is limited to two and a half storii
Murphy stated the net effect is to eliminate the
CODE SECTION 78 -1— DEFINITIONS OF
NDMENT - ORDINANCE NO. 37, THIRD SERIES
this proposed amendment on a vote of 6 -0 on October
icil meeting of November 12 "', and heard comments
uld have negative impacts on the buildability of lots
es force homes to get higher and not wider. Council
is be resolved within 60 days due to its impact on
ewed this again at its work session on January 17 and
rd as proposed. '
ig is a story or a basement is based on how much
zoning code does not define story and the
.d terms. The City has also been relying to some
.ct with certain premises of the City's ordinances.
not written anywhere and has some flaws. This
niz architects and builders.
that the lower portion of a building is considered as a
of the lowest portion's perimeter is covered (by pre-
; of at least six feet above the lower floor (i.e., we
)f the lower level does not include portions of the
ire merely "unexcavated.'
of basement and ground level be deleted, and the
zded between the upper surface of a floor and the
above. It is measured as the vertical distance from top
or finished floor surfaces and, for the topmost story,
p of the ceiling joists or, where there is not a ceiling,
it meets the definition of a basement shall be
tory for purposes of determining the number of stories
be a basement under what is proposed.
more than six feet, it might function as a basement
it as a story but the developer states he still
and would be a story by definition. Gaffron
and four level walkout structures.
PAGE 7 of 14
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AIHNUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
(5. #06 -3240 CITY OF ORONO ZONING CODE SECTION 78 -1— DEFINITIONS OF •
"BASEMENT "AND "STORY ", Continued)
Gaffron stated the net effect would be the difference of one or two feet in a person's perception of the
height of the building. Gaffron indicated the amendment would result in a consistent way of measuring
and would be more in compliance with the Building Code.
Gaffron recommended the following definition for basement be adopted: "Basement. That portion of a
building that is partly or completely below the existing ground level. A basement shall be considered as a
story for purposes of determining the number of stories in a building, when the finished surface of the
floor above the basement is more than six feet above the existing ground level for more than 50 percent of
the basement's perimeter. The perimeter of the basement does not include potions of the house or garage
that do not have a lower level but are merely unexcavated. Artificially raising the grade adjacent to the
foundation of a structure (by filling or by a combination of filling and retaining walls) above the
surrounding natural terrain shall not be allowed as a method for converting a defined story to a defined
basement, regardless of any other benefits to the property of such action. Finished grade that increases
more than one foot from existing ground level shall be considered as artificially raising the grade.
'However, artificially raising the grade when such action merely restores a previously excavated site to its
original natural grade may be used as a method for converted a defined story to a defined basement.
Gaffron further recommended the Council adopt the following definition of existing ground level: "The
elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall,
or the existing grade of a vacant lot."
Bremer asked why the word natural is used instead of existing. •
Gaffron stated there are instances where the natural grade is higher or lower and at some point has been
artificially changed.
Bremer inquired how the natural grade would be determined.
Gaffron stated the natural grade may be different from existing grade. Gaffion stated essentially a line
would be drawn from one side of the property to the other side of the property and that would be
considered the natural grade.
Loren Schoenzeit, 4484 Forest Lake Landing, stated he would like to review some of the ramifications of
the proposed amendment. Schoenzeit stated in his opinion these new definitions would create the need
for more variance requests and would result in additional work for the staff, planning department, and city
council.
Schoenzeit inquired what would happen to the typical, small house on a nonconforming lot which
consists of 2250 square feet, including deck and garage. Schoenzeit stated under the new definitions, if
only two stories are allowed, the basement could be eliminated, which would eliminate some necessary
living space.
Schoenzeit suggested options for a house that is less than 2250 square feet would be, one, to allow them
to build to 20 percent structural hardcover; two, allow them have three floors; and three, require that only
35 percent of the basement perimeter meet the new definitions. Schoenzeit stated he would like to work •
with the Council to discuss the ramifications to some of these smaller houses.
PAGE 8 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,`February 12, 2007
7:00 o'clock p.m.
(5. #06 -3240 CITY OF ORONO ZONV
`BASEMENT "AND "STORY"; Continued)
White concurred that given the size of a smaller
first floor and that it is likely there would be soil'
question becomes whether that would be a hards
Turner stated under the new definition, more of
installed. Turner indicated under the old definit
story house but under the new definitions it woi.
Rahn stated typically ramblers are not cor
today are a story and a half or two stories.
Murphy recommended the Council approve the
presentation and come tip with different scenari
McMillan inquired what type of variances are
Gaffron stated in his view there would be fewer
designed to better meet the City's standards. Q
that the planning staff has dealt with various arc
basement and that the new definitions would-ma
some applications pending that have been delays
CODE SECTION 75 -1= DEFINITIONS OF
White stated he.would like to take some action on
some pending applications and then work on the il'
the Council would also be dealing'with some new
Schoenzeit noted the City of Orono probably has t
the City look at some leeway to allow for the cons
Murphy stated the City is attempting to prevent
does not feel there needs to be more leeway.
Schoenzeit stated given the amount of money b
right to a reasonable sized house.
McMillan stated every lot has some limitations ai
when constructing a house. McMillan stated it is
certain standards but that the City attempts to apr
Schoenzeit stated there also are no provisions for
)use, no more than two bedrooms are possible on the
bedroom space in the basement.' White stated the
basement could be exposed with bigger windows
i, a house with a split foyer would be considered a two -
not be considered a two -story house.
nowadays and that usually homes that are constructed
iendment and that Staff look at Mr. Schoenzeit's
that the City could be faced with.
would result with the amendment.
.riance requests and would result in plans being
ion stated the issue with the old definitions has been
ects that have a different definition for a story and a
the City's standards clearer. Gaffron noted there are
that are awaiting action on this amendment.
amendment tonight given the impact this has on
cities in the amendment at a later time. White stated
;uage regarding massing on lots.
he strictest rules regarding construction and suggested
truction of a larger house.
construction of large homes on small lots and that he
g paid for some of these lots, a person should have the
a .
Murphy stated the Council would take those items i
favor of proceeding forward with approval of the an
McMillan commented in her view this amendment
construct a walkout with two additional stories.
that those limits have to be taken into consideration
fficult to tell applicants that they have to comply with
the regulations in a fair and equitable manner.
of grade.
consideration when they arise and that he is in
3ment.
to close a loophole that allows people to
PAGk9 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
(5. #06 -3240 CITY OF ORONO ZONING CODE SECTION 78 -I — DEFINITIONS OF •
`BASEMENT "AND "STORY'; Continued)
White thanked Mr. Schoenzeit for providing his input and that the Council and Staff would take his
suggestions into consideration.
Schoenzeit commended the Staff on the City's website.
Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 37, Third Series, an Ordinance
Amending Chapter 78 of the Orono Municipal Code by Amending Section 78 -1: Definitions
Related to Determinations of Basements and Stories. VOTE: Ayes 4, Nays 0.
*6. #06 -3242 YUNKER ASSOCIATES ON BEHALF OF DAVID AND BETSY
WYERHAEUSER,1540 FOX STREET — CONDITIONAL USE PERMIT — RESOLUTION NO.
5575
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5575, a Resolution granting a
conditional use permit for the property located at 1540 Fox Street. VOTE: Ayes 4, Nays 0.
*7. #07 -3253 JENNIFER AND CHARLIE COGBILL,1590 LONG LAKE BOULEVARD —
VARIANCE — RESOLUTION NO. 5576
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5576, a Resolution granting a
side -yard setback variance for the property located at 1590 Long Lake Boulevard. VOTE: Ayes 4, •
Nays 0.
8. #07 -3260 ROGER O'SHAUGHNESSY,1265 BRACKETTS POINT ROAD - VARIANCE
Susan Steinwall, Attorney- at- Law,'appeared on behalf of Roger O'Shaughnessy.
Murphy inquired what impact this application would have on County Road 6.
Gaffron stated if Council approves the application, Staff would prepare findings that would set forth that
this property is a unique situation and that the fence is very opaque and of a light color. Gaffron stated
the City's fence ordinance can be interpreted differently and that perhaps the language should be amended
slightly in the future.
McMillan noted this is a lakeshore lot, which helps make it a unique situation.
Bremer inquired whether any of the fence is located within the 75 foot setback.
Gaffron stated the fence does not extend into the 75 -foot setback
Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution for Application
#07 -3260, Roger O'Shaughnessy,1265 Bracketts Point Road, based on the findings that this is a
lakeshore lot abutting a major thoroughfare, the fence is less than 25 percent opaque, is five feet tall
rather than the allowed six feet, and has adequate landscaping or screening around the fence.
PAGE 10 of 14
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MINUTES OF THE
ORONO CIT). COUNCIL MEETING
Monday,,fVebruary, 12, 2007
7:00 o'clock p.m.
(8. #07 -3260 ROGER O'SHA
Bremer conmlented the City has had to deal
should perhaps be reviewed.
;1265 BRACKETTS POINT ROAD, Continue(l)
fence issues for a number of years and that the language
Gaffron noted the-City has made a number of changes to the fence ordinance over the years and that it is
conceivable the language was misinterpreted given the fact that this is a lot that abuts a major
thoroughfare and is also a lakeshore lot. Gaf -rori stated in his view a variance is the best way to handle
this situation at the present time.
McMillan stated perhaps the City should look at
that three and a half feet might not be sufficient.
Bremer stated she personally would not have
erected but that she would not require it to be
ing the language regarding the height of fences and
the variance application prior to the fence being
Susan Steinwall stated Mr. O' Shaughnessy was before the City with a number of variance requests at the
time the property was developed and that it was riot his intent to be in a position where he would have to
ask for an after- the -fact variance.
Bremer stated she would vote in favor of the
the City's fence code.
VOTE: Ayes 4, Nays 0.
variance because there is some ambiguity in
(Council recessed at 8:47 p.m. in order to convene the HRA meeting)
8:00 P.M. — HRA ANNUAL MEETING
(Council recessed at 8:47 p.m. in order to convene the HRA meeting).
(Council reconvened at.8:55 p.m.)
MAYOR/COUNCIL REPORT
McMillan inquired whether any parties are going to be held for the employees who are retiring.
Moorse stated Steve Hansen was given a card and a gift certificate to a restaurant and that he would check
on arrangements for Mark Tomczyk.
McMillan stated she attended the LCMD Save the Lake dinner and that Gabriel Jabbour gave a great
speech on preserving our, natural resources and Big Island. McMillan stated the event was well attended.
Murphy stated he visited Big Island last week witl Gabriel, Jabbour and that there is a considerable
amount of snowmobile traffic on the island, which would be difficult to stop. Murphy stated it was
suggested that some barrier protecting of the buildings be erected in the future during the wintertime.
Murphy commented they are attempting to get the steamship, the Minnehaha, to dock at Big Island and
that the biggest issue is what type of dock could be constructed to accommodate the steamship. Murphy
indicated the issue with a permanent dock is the shifting ice and that one option would be to install
casings that timbers could be dropped in each spring'and then removed in the winter. Murphy stated a
PAGE 11 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
(8. #07 -3260 ROGER O'SH4UGHNESSY,1265 BRACKETTS POINT ROAD, Continued)
floating dock would need to be configured in such a way that the boat could pull up next to the dock and
not pull the dock out.
Bremer stated one of the things that concern her when she sees a number of resignations is the
competitiveness of the City to retain employees. Bremer suggested there be different types of bonuses or
other pay programs in place to help retain key employees.
Moorse stated it is time for the City to look at their compensation program and that they would be
updating their market information and bringing that information to the Council in the future.
CITY ENGINEER'S REPORT
None
CITY ADMINISTRATOR'S REPORT
*9. SUPPORT CDBG FUNDING TO WESTERN COMMUNITIES ACTION NETWORK
Murphy moved, McMillan seconded, to approve sending a letter of support for the CDBG grant
application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0.
10. AUTHORIZATION TO SUBMIT A TRANSIT - ORIENTED DEVELOPMENT GRANT
APPLICATION
Murphy moved, White seconded, to remove this item from the Agenda. VOTE: Ayes 4, Nays 0.
*11. DISPOSAL OF USED SCBA GEAR
Murphy moved, McMillan seconded, to authorize the disposal of the original Navarre Fire Station
SCBA gear. VOTE: Ayes 4, Nays 0.
*12. ACCEPT RESIGNATION/RETIREMENT OF PUBLIC WORKS MAINTENANCE
WORKER STEVE HANSEN
Murphy moved, McMillan seconded, to accept the resignation /retirement of Steve Hansen effective
February 1, 2007. VOTE: Ayes 4, Nays 0.
*13. ACCEPT RESIGNATION/RETIRMENT OF POLICE OFFICER MARK TOMCZYK
Murphy moved, McMillan seconded, to accept the resignation of Officer Mark Tomczyk effective
February 24, 2007. VOTE: Ayes 4, Nays 0.
*14. REQUEST TO HIRE FT POLICE OFFICER STEVEN STURM
Murphy moved, McMillan seconded, to hire Steven Sturm as a full -time police officer beginning
02/12/07 at the beginning pay rate of $21.07. VOTE: Ayes 4, Nays 0.
PAGE 12 of 14
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
16. SCHEDULE COUNCIL CANDIDATE INTERVIEWS
It was the consensus of the Council to schedule two council candidate interviews to begin at 6:00 p.m. on
Monday, February 26, and two interviews to begin at 6:00 p.m. on Tuesday, February 27.
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*17. LIQUIDATION OF OLD SQUAD CIS
i
Murphy moved, McMillan seconded, to approve the sale of three 2005 Crown Victoria squad cars
by a sealed bid process with a minimum bid of $4,200. If the minimum bid is not met, to liquidate
them through the Minneapolis Auto Auction. NOTE: Ayes 4, Nays 0.
*18. LIQUIDATION OF EQUIPMENT
Murphy moved, McMillan seconded, to approve the sale of three Whalen Edge 9000 lightbars,
three Kustom Trooper and one Kustom Pro -1000 radar through the Soderholm Auction/K- Bid.com
service. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT
None
LICENSES
RESIDENTIAL KENNEL LICENSE
1. Rebecca Eield
1729 North Farm Road
2. Jerad & Leslie Hahn
809 Brown Road North
3. Steve Johnston
2335 Shadowood Drive
4. Jane Kline & Steve Bell
4455 West Branch Road
5. Marty & Bridgett Paradise
825 Brown Road South
6. Gayle Talbot
80 Luce Line Ridge
ANNUAL LIQUOR LICENSES
7. Club on Sale and Sunday Liquor
Spring Hill Golf Club
Tom Dalum
725 Sixth Avenue North
PAGE'I 3 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 12, 2007
7:00 o'clock p.m.
TOBACCO LICENSES
8. Narrows Saloon
James Anderst
3380 Shoreline Drive
9. Orono Petro, Inc.
Thomas Miller
2160 Wayzata Boulevard West
Murphy moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 4, Nay 0.
*20. BILLS
Murphy moved, McMillan seconded, to approve payment of the All Funds Account.
VOTE: Ayes 4, Nays 0.
ADJOURNMENT
Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 9:14 p.m.
VOTE: Ayes 4, Nays 0.
There being no further business to discuss, the meeting was adjourned at 9:14 p.m.
ATTEST:
Linda S. Vee, City Clerk
to Ze.)4 -v
es M. White, Mayor
PAGE 14 of 14
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