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HomeMy WebLinkAbout04-10-2006 Council MinutesROLL MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. y;z,. - . —� -- -The City CoiinciI meti on the above -merit onei Jim White; Council Members Bob Sansevere, Brokl; Representing Staff were Planning Dire Tom Kellogg, and Recorder Jackie Young. Mayor Barbara Peterson was absent. Acting Mayor White called the meeting to orc CONSENT AGENDA 1. APPROVE /AMEND ate with the following members present: Acting Mayor 1 McMillan, and Jim Murphy; City Attorney Matthew ►r Michael Gaffron, Planner Melanie Curtis, Engineer at 7:03 p.m., followed by the Pledge of Allegiance. Items 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 were added to the Consent Agenda. Sansevere, on behalf of the Orono City Council, acknowledged the fine service that Tom Kuehn, Financial Director/Treasurer, and Police Officer Dan Fischenich have provided to for the city over the years. White noted that Officer Fischenich served 29 years as a police officer. Tom Kuehn has served the City for nearly 30 years. Murphy moved, Sansevere seconded, to ap] VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING Murphy moved, Sansevere seconded, to appro, meeting as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS ") None the Consent Agenda as amended. MARCH 27, 2006 the minutes of the March 27, 2006 City Council PLANNING COMMISSION COMMENTS -� ROLAND JURGENS, REPRESENTATIVE Jurgens stated he had nothing to report but woul'remain for questions. PUBLIC COMMENTS I 0 . None PAGE 1 of 15 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 3. #05 -3136 TROY BROITZMAN,1860 SHORELINE DRIVE — VARIANCE AND CONDITIONAL USE PERMIT • Troy Broitzman, Applicant, Blake Bichanich, Blake & Associates Architects, were present. Gaff -on stated the applicant has retained an architect and has submitted some preliminary plans, but noted that no grading plans have been submitted. Bichanich indicated he has worked in this area for a number of years and has been retained by the applicant to design a residence for this lot that would address the concerns raised by the Council at previous meetings. Bichanich noted the plans are preliminary at this stage. Bichanich stated they have met with one neighbor over the weekend and would be meeting with the other two neighbors in the near future to discuss what is now being proposed for this site. Bichanich indicated the house has been moved back approximately 20 feet to stay in line with the Charrier residence. Bichanich stated the driveway and garage layout have also been revised to reduce the visual impact from the Coward residence. Bichanich indicated the new garage layout allows for additional screening along the Charrier lot line and between the proposed house and the Coward and Nelson residences. Bichanich explained the preliminary design of the house, and noted that the amount of grading on the site would be minimal. White inquired what the response was from the first neighbor. Bichanich stated the response was positive and that they appreciate the new design. Broitzman noted that the council members should have received an e-mail from that neighbor. Broitzman stated the berm would help to obstruct any headlights coming up from the driveway. Bichanich reviewed the topography of the site and that they would be working with the neighbors to resolve any drainage issues that exist at the present time. Bichanich stated they would be leaving the trees that are currently between the two lots and planting additional trees. Sansevere inquired whether the city planner is comfortable with the position of the house. Gaffron stated option two is not as ideal as option one and would not accomplish what the neighbors would like to see with this project. Gaffron stated he is fine with option one as long as the neighbors are not opposed to it. McMillan indicated she is fine with the proposed average setback line. PAGE 2 of 15 • 0 • • C7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. (3. #05 -3136 TROYBROITZMAN, 1860 SHORELINE DRIVE, Continued) White noted the reason the Council is willing to change the average setback line is because the neighbors are in agreement with the change. White commented he likes the new design of the driveway and patio. Sansevere complimented the applicant for m Coward stated he would be meeting with the great detail at the present time. the changes as recommended at the previous meetings. on the 22 °a but that he has not reviewed the plans in Murphy inquired how Mr. Coward feels about the average setback line. Coward stated he would prefer the house forwE Murphy stated he does appreciate the efforts th likes the idea of the split garage. Murphy indic McMillan stated in her opinion the new design plan appears to be workable. McMillan stated White stated the new design does address a nur. Murphy encouraged the applicant to meet with design. . Sansevere moved to table Application #05 -31 applicant time to submit more detailed plans Broitzman inquired whether the Council would to obtain fill. Sansevere recommended the applicant discuss Gaffron stated he does not anticipate a problem rather than back further on the lot. the applicant has taken to redesign his plans and that he -d he likes the appearance of the proposed residence. 1ps to add value to the property and that the proposed does like the design of the garage. er of the issues raised by the Council. other two neighbors to gain their input on the new Troy Broitzman,1860 Shoreline Drive, to allow the agreeable to a partial or full basement under the garage issue with Staff. that proposal. Murphy seconded the above motion. VOTE: I Ayes 4, Nays 0. *4. #05 -3139 HILL SCHOOL, 2180 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT REVISIONS — RESOLUTION NO j 5443 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5443, a Resolution granting variances and a conditional use permit for Hill School of Minnesota, Inc., 2180 North Shore Drive. VOTE: Ayes 4, Nays 0. 1 5. #06 -3182 JEFF MIKKELSON, 1436 BALDUR PARK DRIVE — VARIANCE Jeff Mikkelson, Applicant, and John Mikkelson,'son, were present. PAGE 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. • (5. #06 -3182 JEFF MIKKELSON, 1436 BALDUR PARK DRIVE, Continued) Curtis stated the applicant is requesting variances in order to construct a new single - family residence. The variances consist of lot area and lot width variances for a lot 0.19 acre in area and 51' -55' in width ---= - - - where 100' is normally required and 0 -75' hardcover variance to allow 987 square-feet-or-24-39-percent - hardcover where 0 percent is normally allowed and 75 -250' hardcover variance to allow 1,494 square feet or 36.16 percent hardcover where 25 percent is normally allowed. A conditional use permit is also required in order to conduct land alterations below the 931.5' 100 -year floodplain elevation. The applicant has submitted a revised plan at the request of the Planning Commission and has also submitted an alternate plan based on discussions with the neighbor to the south. The alternate plan shows the home shifted seven feet closer to the lake in order to put the home in line with each of the neighboring homes and the deck in line with the neighboring decks. The Planning Commission voted 5 -1 to recommend approval of the variances as requested provided the applicant reduces the street side deck to 35 square feet. The dissenting Commissioner felt that further hardcover reductions could be made. Planning Staff does not recommend that the alternate plan be approved as the result would be a further encroachment toward the lake. Staff recommends approval of the variances consistent with the.Planning Commission's recommendation. Mikkelson stated he has taken steps over the years to protect the water quality of the lake and that he is • proposing a smaller sized house to help minimize the runoff. Mikkelson stated he has reduced the hardcover on the lot wherever possible. Mikkelson stated he would like the house moved closer to the lake to gain more privacy from his neighbors, noting that presently they are able to look directly into his bedroom. Mikkelson requested the Council approve the alternate plan. Sansevere questioned whether the neighbors could truly see into the applicant's residence from their decks. Sansevere suggested the applicant consider purchasing drapes for his windows. Murphy stated it appears from the plans that if the house is moved seven feet forward, the neighbors would be able to look inside the applicant's house easier. Mikkelson demonstrated the line of sight from the neighbors' residences. Mikkelson stated his neighbors sit on their decks regularly. White stated the Council would prefer to have the deck outside of the 0 -75' setback and that the house is not the problem. White noted the lot is a small lot and would require lot area and lot width variances in order to construct a house. Murphy stated he is not opposed to the seven feet and that the view from the lake would be better if the houses were all lined up. Murphy noted the proposed deck is smaller than the other two neighbors. McMillan inquired whether the neighbors' decks are located into the 0 -75' setback somewhat. 40 PAGE 4 of 15 44 • 11 (5. MINiJTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00'o'clock p.m. #06 -3182 JEFF MIKKELSON, 1436 Gaffron stated the neighbors' decks do extend is ordinances is to require everyone to build outsi( improvements to their lot - Gaffron noted the R keep that wherever possible. Gaffron noted pro would need to be found to encroach further into setback is more important than the average lake Murphy inquired how old the other two houses A neighbor in the audience indicated the houses UR PARK DRIVE, Continued) the 0 -75' setback but that the objective of the of the 0 -75' setback when they wish to rebuild or make Z has a 50 -foot setback and that the City attempts to- - ,sal one is at approximately 42 feet and that a hardship at setback. Gaffron stated in his opinion the DNR ore setback. approximately 30 years old. Gaffron stated a 75 -foot setback would not allow'a buildable lot Sansevere inquired whether this would be precedent setting if the deck were allowed to encroach into the 0 -75' setback. Sansevere stated he would like to be consistent with what the council has allowed in the past. Mikkelson stated he has a number of addresses along the lakeshore that have recently been granted more hardcover than what he is proposing. Sansevere stated the Council has to do what is Jurgens inquired whether there is a prow that Mikkelson stated the prow creates less hardcover Gaffron indicated it extends approximately four and be consistent. forward from the deck. over the average lakeshore setback line. Jurgens stated the extension of the roofline should be taken into consideration. Jurgens stated the reason for his dissention on the vote was that he felt the hardcover could be reduced further. Murphy inquired whether the prow is an Gaffron stated the prow is an extension of the Mikkelson stated his builder told him the Murphy stated the overhang would make the seven feet forward. - Sansevere inquired whether the neighbor has a The neighbor indicated he does not. ioii of the roof or the house.. �se and extends approximately another four feet. was a foot and a half around the house. look a lot closer to the lake if the home is moved with his view =given the prow. Gaffron stated the plan that was approved by the Planning Commission has a 45 -foot setback. Gaffron indicated staff would prefer a plan that would be closer to the 50 -foot setback. PAGE 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. (5._ #06 -3182 JEFF MIKKELSON ,1436 BALD UR PARK DRIVE, Continned) • White stated he does not see a hardship to grant a variance to allow the house to be moved closer to the lake. Murphy stated they would like to meet the DNR setback of 50 feet as much as possible. Murphy inquired whether the applicant eliminated the stooped entryway in the back. Mikkelson stated he did. Murphy stated he would not be opposed to the covered entryway. Mikkelson stated the house closer to the lake would allow him a better view of the lake to keep an eye on his son. Murphy moved, McMillan seconded, to direct staff to draft an approval resolution for Application #06 -3182, Jeff Mikkelson, 1436 Baldur Park Road, with the condition that the house be Iocated per the Planning Commission recommendation, but not be moved seven feet closer to the lake as requested by the applicant, and with the understanding that a covered stoop would be allowed in the back. VOTE: Ayes 4, Nays 0. 6. #05 -3123 STONEWOOD DESIGN/BUILD FOR MIKE HART, 1005 LINDEN LANE — REVIEW OF REMODELING VS REBUILD STATUS • Sven Gustafson, Builder, and Dave McDonald, structural engineer, were present. Gaffron indicated Staff has been working with the builder on this project, noting that the builder was brought on board later in the process. It has been determined that less of the original house and foundation would be remaining than what was initially thought at the time the application was approved. Gaffron noted a portion of the house was located in the 0 -75' setback. Based on the foundation report by the applicants' engineer, two of the four existing basement walls are in such a precarious state that they need extensive repair. The degree of foundation repairs needed suggest that the applicants would ultimately be better served by replacing rather than repairing those two walls. Gaffron indicated the current plans indicate that only the foundation cap will remain of the existing house superstructure and will need some shoring up. Two of the foundation walls need extensive repair, and the remaining foundation walls are either being replaced with wood framing or will remain as -is. Gaffron stated approval was granted based on the understanding that this would be a remodel rather than a rebuild and that the Council has the option to, one, conclude that this project still meets the intent of the variance approval and allow the inadequate foundation walls to be replaced rather than repaired, which would ultimately result in a better quality structure or, two, allow the project to go forward but only allow the foundation to be repaired as currently proposed and not replaced or, three, conclude that this should now be considered as a total rebuild and direct the applicants to start over in their design process to build a home meeting the 75' setback requirement and reduce hardcover. • PAGE 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. (6. #05 -3123 STONE WOOD DESIGN /BUILD FOR MIKE HART, 1005 LINDEN LANE —REVIEW OF REMODELING VS REBEILD STATUS, Continued) Murphy inquired whether the house could be moved back to meet the setback if this was deternuned to be �''° "--" are ui rat er than a rei-nodel. Gaffron stated the house could be moved back but that he is not aware of what the impact would be on the grading. U Murphy stated another alternative would be to reduce the size of the house. Sven Gustafson stated they only received notification of this meeting on Friday and that the property owner was unable to attend. Gustafson stated he was not given the option to postpone this matter appearing before the city council. Gustafson indicated he became involved with this project approximately six months ago and that the plans were fairly preliminary but were the same plans that were reviewed during the approval process. Gustafson stated he had the plans reviewed regularly by Staff during this process and that the property owner has moved out of the house based on some correspondence from Mr. Gaffron pending the engineer's report. I Gustafson stated there are a number of options than replace them and that the walls are not crt Sansevere inquired whether the walls could be McDonald stated in his opinion they could be be considered. White inquired if the walls are repairable, why they could pursue to repair the foundation walls rather and that there area number of options that could application is now before the Council. McMillan commented that it appears that Building Inspector Bruce Vang had raised some concerns regarding the foundation. Gustafson stated they were asked to address the four points raised by Plamier Gaffron and that they have followed Staff's reconunendations all along the; way and they are now being told that this is getting to the point where this is a rebuild rather than a remodel. Gustafson stated they have complied with the four conditions outlined in Planner Gaffron's report of January 31, 2006. Gustafson indicated they were prepared to obtain a building pen-nit and at that time they were told that they needed to appear at the City Council meeting prior to any building permit being issued. McMillan noted the stability of the foundation was unknown at the time of the approval and encouraged the builder to have a little tolerance to the process that must be followed. Sansevere stated in all likelihood the City moved forward on good faith that the foundation walls are in good condition. PAGE 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. (6. . #05 -3123 STONEWOOD DESIGNBUILD FOR MIKE HART, 1005LINDENLANE — REVIEW OFREMODELING VSREBUILD STATUS, Continued) Gaffron stated there does not currently exist a standard in the code on what constitutes a rebuild versus a remodel and-that this project is approaching°wrebuild in his opinion: White inquired if the applicants complied with all the conditions outlined in the January 31, 2006 letter, would that not lead the applicants to believe that they could proceed forward. Gaffron stated it is the Council's decision to determine whether this a rebuild or a remodel, and that the recommendation from the building inspector is to rebuild the foundation walls rather than repair the walls so the applicants will end up with a better stricture. Brokl pointed out that the Council does not need to approve a variance in this matter and that it is a judgment call on the part of the Council on whether this is a rebuild rather than a remodel. Brokl stated the applicants have indicated that they could repair the foundation without expanding the footprint but that the building inspector has recommended that the walls be replaced. Brokl noted that Staff did not want to approve this project going forward without the Council having input, which is the reason is it on tonight's agenda. Murphy stated the April 6`" memo from the building inspector seems to imply that new information has come to the City's attention and that the building inspector did not understand that the roof, walls, and floor of the existing cabin and possible repairs to the existing foundation was going to happen in the first place. Gaffron stated it was clear from the initial application that the roof was going to be removed at the beginning along with some other remodeling but that it has gone beyond that point due to the deteriorated condition of the foundation. Gustafson stated at every single meeting the property owner has indicated he is okay with leaving the cap and the foundation walls but that the advice of staff has been to replace these things as they have gone along and that they have been led down that path. Gaffron stated it was probably a mutual process of agreeing with the various proposals but that it has gotten to the point where Staff is not comfortable with approving any further changes without the input of the Council. Gaffron recommended that the City obtain a percentage from the property owner in the future on what portion of the house is going to be removed prior to any approval. Brokl stated this is not a precedent setting item because there are no variances being granted. Brokl indicated in his opinion this is an odd situation and that the situation could be avoided in the future. Murphy inquired what the original idea was for keeping this as a remodel. Gaffron stated the initial intent was to do some additions to the existing structure. • Murphy noted these two gentlemen were not involved in the early stages of this project. Murphy commented it seems that the original thought with the application was that it would be a remodel in order • PAGE 8 of 15 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. (6. #05 -3123 STONEWOOD DESIGI — REVIEW OF REMODELING VS REB to allow the existing encroachment into the set required at thestinie of the approval wotild`still UILD FOR MIKE HART, 1005 LINDEN LANE :D STATUS, Continued) to remain. Murphy inquired whether the conditions Gaffron stated the applicant has complied with all of those conditions but that enough of the existing house is being removed that this could be considered a rebuild. McDonald stated from a structural engineering stz, wall that has failed but that he does not have any 1 Murphy inquired whether the City Engineer has Kellogg indicated he has only learned of this , this is an unconventional way of reinforcing a with repairs being made to the foundation. an opportunity to review this situation. tonight and that he has not viewed the site. Murphy stated he has concerns with approving something that might fail and that he would like to have some assurance that the repairs being proposed by, the structural engineer are feasible. Gaffron noted typically the City does not require professional engineer has stated that the walls coi Sansevere stated he would like the applicant to re It was the consensus of the City Council to allow forward with the remodeling. 7. APPEAL, MICHAEL EBERTZ, 1220' Michael and Donna Ebertz, property owners, and )ther engineer's opinion when a registered be repaired. the walls. applicant to repair the foundation walls and proceed .WA —DECK REPLACEMENT Rymark, friend, were present. Curtis stated the applicants were notified in February that the lakeside deck on their property that was recently rebuilt was done so without proper City approvals. The Ebertzs were told in a letter dated February 9, 2006, that they were required to apply for an after - the -fact building permit for their new deck. On February 24, the City received an after-the-fact, building permit application but there were no plans attached to the application. The property owners were contacted and notified that plans were required to be submitted in order for the City's review to conti ue. The submitted plans were reviewed and on March 8°i Staff sent a letter notifying the property owners that after staff review their after -the -fact building permit had been denied and that the lakeside deck was to be removed no later than April 10`x'. On March 17", the property owners requested an appeal of Staff's decision to deny their after- the -fact building permit application Curtis indicated the property owners recently were before the City Council regarding lakeside retaining walls, land alterations, and hardcover variances. Itv October 2004, the property owners were involved in the land use application review process as a result of conducting land alterations, hardcover installation and retaining wall construction without permits. Ultimately the property owners received an after -the -fact conditional use permit and after -the -fact hardcover variances in order to complete the grading and PAGE 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. (7. APPEAL, MICHAEL EBERTZ, 1220 TONKA WA —DECK REPLACEMENT, Continued) • retaining wall work in accordance with the City Engineer's recommendations and in conjunction with 800 square feet of hardcover removals within the 0 -75' zone. Staff finds it surprising that the Ebertzs claim to - ,. -be: unaware -of the need -for permits. Mr. Ebertz stated the process that they followed was not to break any laws of the city. Ebertz acknowledged that they did appear before the Council previously concerning a retaining wall. Ebertz stated at that time he mentioned that he was going to be restaining the deck and that during the summer a windstorm knocked down a branch that damaged their deck. Ebertz stated they proceeded to repair the deck and that they found that the damage was more extensive as they proceeded forward. Ebertz stated they ended up primarily replacing board for board the previous deck and elected to reduce the deck by 32 square feet. Ebertz indicated they also relocated the deck one foot further away from the lake than it was previously to lessen its visibility. Mrs. Ebertz stated they were aware of the hardcover requirements, which was the reason why the deck was reduced, but that they were not aware that they needed to obtain approval from the City to repair it. McMillan stated in her view the applicants should have been aware of the need to comeback to the city for approval based on their previous application. Ebertz stated their original intent was to just restain the deck and. that following the storm they went ahead and repaired it on a- Saturday without thinking about the need to obtain a permit. White inquired if the property owners replaced it board for board, whether they would be allowed to do that. Gaffron stated the property,owners are allowed to replace something in kind but noted that this is not exactly what previously existed. Gaffron stated they would still be required to obtain a permit. Brokl stated the permit would have to be applied within 180 days of the damage being incurred. Gaffron stated if a plan had been submitted, they would have been advised that they needed a variance. Murphy inquired why it would require a variance. Gaffron stated the new location and new construction within the 0 -75' setback would require a variance. Gaffron stated state statute does allow property owners to replace something in kind but that this was not an in kind replacement. Murphy stated based on the pictures submitted by the property owners, the new deck is visually more appealing than the original deck and less obtrusive. Murphy stated if the property owners were forced to tear out the deck, the Council would be making a statement to the residents that they are required to obtain the proper permits before commencing any work on their property. Ebertz stated they did not intentionally try to do anything illegal. Murphy inquired why the property owners did not check with the city prior to commencing any work. 0 PAGE 10 of 15 �7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday f April 10, 2006 7:00 o'clock p.m. (7. APPEAL, MICHAEL EBERTZ, 1220 TONKAWA — DECKREPLACEMENT, Continued) Ebertz stated he made a mistake and did not think about the need for a permit. ..- Sansevere stated in his view the.applicants wouid�bave_ come.-to -the city to obtain a permit•and.that they were ignorant of the regulations. Sansevere stated in his opinion the residents of the city are simply not well informed about everything that requires a permit. r • Ebertz stated he should have known better and Murphy inquired whether the person who built Ebertz indicated he constructed the deck with a White stated the city would probably require the Murphy stated if the applicant had come to the have approved the replacement. he would comply with whatever the City decides. deck was a licensed contractor. who is not a contractor. to be removed. at the time the damage had occurred, he likely.would Brokl stated the Council has the right and option of requiring removal of the structure and that the Council also has the option of requiring the property owners to obtain a permit after - the -fact and paying a double permit fee. Sansevere inquired whether the applicants are agreeable with a double permit fee. Ebertz stated they would comply with whatever the Council decides. Ebertz stated he is not a builder and that they just did this on a Saturday without giving much thought to the need for a permit. Curtis noted the applicant would have an fee. Ebertz indicated he does not have a problem with variance fee and an after- the -fact building permit the fees. Murphy stated he would not support a resolution requiring the deck to be removed because in his opinion the deck is less obtrusive and visually appealing and that requiring the deck to be removed would be punitive. I Murphy moved, White seconded, to approve an'after -the -fact variance for Michael and Donna Ebertz, 1220 Tonkawa Road, to allow the preseirt deck with the applicant being charged the appropriate fees. McMillan inquired whether the matter would require a public hearing. Curtis stated it would require a public hearing. Murphy amended his motion, White seconded, to require the applicants to submit an after- the -fact variance application for the deck and to pay thel appropriate fees. PAGE 11 of 15. MINUTES OF TAE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. • (7 APPEAL, MICHAEL EBERTZ, 1220 TONKAWA — DECK REPLACEMENT, Continued) Sansevere inquired whether the property owners were okay with proceeding forward with the public hearing. Sansevere noted there is a chance the after- the -fact variance would be denied. Ebertz stated they would love to keep the deck. McMillan stated she has some concerns about giving the wrong impression to other residents of the city and that the Council should be consistent. McMillan indicated she is not in favor of an after -the -fact variance. Sansevere pointed out the variance application could be denied once it comes back before the Council even though the double after - the -fact variance fees have been paid. Sansevere stated the deck is smaller and better looking. Sansevere inquired whether the property owners would like to go forward or break the deck up into three pieces. Gaffron stated breaking the deck up into three pieces is not an option. Gaffron stated typically dock owners store their dock on their properties over the winter and then put them back out into the lake once the weather gets nice. VOTE: Ayes 3, Nays 1. McMillan Opposed. Murphy noted the after - the -fact variance would require a public hearing and that it is not definite that the Ebertzs will be allowed to retain the deck. *8. JOINT USE DOCK LICENSES — RESOLUTION NOS. 5444 -5451 Murphy moved, Sansevere seconded, to adopt RESOLUTION NOS. 5444 through 5451, resolutions directing staff to issue joint use dock licenses to Forest Arms HA, Fox Hill HA, Walters Port Maintenance and Improvement Association, Victoria Estates, Kelly Cove AA, Pheasant Lawn HA, and Minnetonka Power Squadron for the period of January 1, 2006 to December 31, 2006. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sansevere recommended that whenever there is a retirement, that item be put at the front of the agenda rather than towards the end of the meeting so they can be recognized. Brokl stated a number of cities have a section on their agenda for proclamations, awards, etc., which follows the pledge of allegiance. Brokl stated the format of the agenda could also be changed or items could be moved up to the front of the agenda at the meeting. Murphy recommended a new section be added to the agenda. - McMillan inquired whether a small gift could also be given to recognize certain individuals. Brokl stated a framed proclamation is appropriate and that gifts are usually purchased with personal donations or contributions and not with proceeds out of the city's coffers. • PAGE 12 of 15 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00!o'clock p.m. (MAYOR/COUNCIL REPORT, Continued) Murphy stated the beams for the Willow Bridge would be brought in tomorrow and that construction of the bridge will commence in the near future. Muiphy stated they are still looking at the end of 2007 - -- ��... ------ before•the•new -Highway 12 corridor is-finished. White stated he would like to obtain a schedule of when the city plans to pave each of the city's roads. Sansevere requested the state be contacted regard the condition of Highway 12 and the potholes. Murphy stated there are other cities that have a pothole report section on their websites and recommended that the city have a number that residents can call, or notify the city via their web site. • CITY ENGINEER'S REPORT *9. REQUEST FOR PAYMENT #1 Murphy moved, Sansevere seconded, to app Construction, Inc., for the Offerman Ditch VOTE: Ayes 4, Nays 0. *10. DMJ CORPORATION FINAL PA BALLFIELD TRAIL CONSTRUCTION I DITCH STABILIZATION the request for Payment No.1 by Michael Scott ization Project, in the amount of $44,610.57. REQUEST FOR LEE CARLSON Murphy moved, Sansevere seconded, to approve the final pay request by DMJ Corporation for the Lee Carlson Ballfield Trail Project, in the amount of $9,057.67. VOTE: Ayes 4, Nays 0. *11. MCCULLEY ROAD Murphy moved, Sansevere seconded, to approve the plans and specifications for the McCulley Road Rehabilitation Project, and to authorize the advertisement for bids for the construction of the improvements. VOTE: Ayes 4, Nays 0. 1 *12. JAMESTOWN ROAD SANITARY SEWER— PLANS AND SPECIFICATIONS Murphy moved, Sansevere seconded, to approve the plans and specifications for the Jamestown Road Neighborhood sanitary sewer improvements, and to authorize the advertisement for bids for the construction of the improvements. VOTE: !Ayes 4, Nays 0. CITY ADMMSTRATOR'S REPORT *13. GOLF COURSE SEASONAL Murphy moved, Sansevere seconded, to approve a seasonal employee pay range of $8.34 to $9.10 per hour for the 2006 season. VOTE: Ayes 4, bays 0. Murphy moved, Sansevere seconded, to approve the hiring of the seasonal employees listed at the • proposed wage rates and under the applicable provisions of the PERA rules. VOTE: Ayes 4, Nays 0. PAGE 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00 o'clock p.m. • *14. PLANNING COMMISSION APPOINTMENT Murphy moved, Sansevere seconded, to approve the, appointment of Dick Kroeger to a three -year on the Planning Commission expiring on March 31,2009-.----- - - - -- --` ' -- ° -- _ - - --° VOTE: Ayes 4, Nays 0. *15. PERSONNEL MATTER Murphy moved, Sansevere seconded, to approve the termination of Greg Fasching from his public works maintenance worker position effective April 4, 2006. VOTE: Ayes 4, Nays 0. *16. TOM KUEHN RETIREMENT Murphy moved, Sansevere seconded, to accept the resignation of Tom Kuehn from his position as Finance Director /Treasurer, effective April 28, 2006. VOTE: Ayes 4, Nays 0. *17. POLICE DEPARTMENT SECURITY SYSTEM REPLACEMENT Murphy moved, Sansevere seconded, to approve the replacement of the current police department electronic security locking system with purchase of a system by Pro -Tee Designs, Inc., at a cost of $6.537. VOTE: Ayes 4,.Nays 0. *18. REPLACEMENT OF INVESTIGATOR'S UNMARKED CAR • Murphy moved, Sansevere seconded, to approve the police department keeping one decommissioned 2003 squad car to be set up as a replacement unmarked investigator's car and spending up to $3,500 with EVS and up to $3,000 with Collision Corner to set the car up for unmarked use. VOTE: Ayes 4, Nays 0. *19. RETIREMENT/RESIGNATION OF OFFICER DAN FISCHENICH - RESOLUTION NO. 5452 Murphy moved, Sansevere seconded, to accept the resignation of Officer Dan Fischenich and wish him the best of health and happiness in his well - deserved retirement, and to adopt Resolution No. 5452 Recognizing Officer Dan Thomas Fischenich for his Nineteen Years of Dedicated Service to the City as a Member of the Orono Police Department. VOTE: Ayes 4, Nays 0. *20. RESOLUTION CALLING FOR A PUBLIC HEARING ON A REVENUE BOND PROJECT ON BEHALF OF HILL SCHOOL - RESOLUTION NO. 5453 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5453, a Resolution Calling Public Hearing on Revenue Bond Project on Behalf of Hill School -of Minnesota, Inc. VOTE: Ayes 4, Nays 0. CITY ATTORNEY REPORT Brokl reported the City has been sued by WJM over their sign which was broken by a city contractor and • that the matter has been turned over to the League of MN Cities. PAGE 14 of 15 • NIINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2006 7:00!o1clock p.m. (CITYATTORNEYREPORT, Continued) Murphy stated it is unfortunate that the •.•. - - -.- - - -.- - -, - -= Brokl stated the contractor disagrees on the amoi League of MN Cities will be able to work out an Kellogg noted the contractor did offer to do the *21. LICENSES Special Event Permit 1. Applicant: ZB Construction, Inc., A Event: 2006 Easy Street Parade Location: Stonebay — 2482 Sandst Date: April 29 — May 21, 200E Time: 12:00 p.m. noon — 6 p.m Murphy moved, Sansevere seconded, to *22. BILLS • Murphy moved, Sansevere seconded, to app VOTE: Ayes 4, Nays 0. ADJOURNMENT McMillan moved, Sansevere seconded, to ad - - - VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk is not willing to pay for the damages. he:i -s =comfortable that•the - -- nie Zachman ►f Homes ie Lane and 721 Sandstone Circle Thursdays through Sundays the above license. VOTE: Ayes 4, Nays 0. payment of the All Funds account. the Orono City Council meeting at 9:25 p.m. Jame White, Acting Mayor PAGE 15 of 15