HomeMy WebLinkAbout10-09-2006 Council Minutesl
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MINUTES OF THE
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ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
ROLL CALL
The Council met on the above- mentioned date v
Peterson, Council Members Bob Sansevere, Jim
Staff were City Administrator Ron.Moorse, Plar
Attorney Matt Brold, City Engineer Tom Kellog
1 the following members present: Mayor Barbara
urphy, Jim White and Lili McMillan. Representing
Zg Director Mike Gaffron, Planner Evelyn Turner, City
and Recorder Jackie Young.
Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
1. APPROVE /AMEND
Items 5, 6, 9, 10, 11, 12, 13 and 16 were added to the Consent Agenda and Item 8 was tabled.
Murphy moved, Sansevere seconded, to
VOTE: Ayes 5, Nays 0.
APPROVAL OF MINUTES
the Consent Agenda as amended.
*2. REGULAR COUNCIL MEETING OF SEPTEMBER 25, 2006
• Murphy moved, Sansevere seconded to approve the minutes of the September 25, 2006 City
Council meeting as submitted. VOTE: Ayes 5,�Nays 0.
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PARK COMMISSION COMMENTS —
No representative was present.
PLANNING COMMISSION COMMENTS —
Kempf reported the work session with City Attoi
questions.
PRESENTATION
3. DICK LEWIS, ORONO SCHOOL
REFERENDUM
Dick Lewis and Neal Lawson were present from
Dick Lewis, Orono School Board Member, add
referendum on the November 7th ballot. A suc
$500,000 per year and would help maintain the
million have been made from 1999 -2000 to 20(
and for the current school year but has had to e.
balance revenues and expenditures.
P
ESAU, REPRESENTATIVE
KEMPF, REPRESENTATIVE
Brokl went fine and that he would remain for
— ORONO SCHOOL DISTRICT
Orono School District.
the City Council regarding the school district
1 vote on the referendum would mean approximately
I district's budget. Budget reductions totaling $3.6
5. The School Board avoided reductions last year
a portion of the general fund budget reserves to
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
(3. DICKLEWIS, ORONO SCHOOL BOARD — ORONO SCHOOL DISTRICT REFEREND UM,
Continued)
Lewis stated passage of the referendum would help to maintain the quality of education that is currently
being provided by the school district. Lewis noted 11 teacher positions are slated for elimination if.the
referendum is not approved and would result in larger class sizes.
Lewis reviewed the charts reflecting the impact the referendum would have on homes based on market
value and that passage of the referendum would result in approximately $500,000 of revenue in the first
year to the school district. Lewis noted information on the referendum would be mailed out to each
school district resident in the near future.
McMillan inquired whether the school district is aware of how much would be received each year after
the first year.
Lewis stated that is undetermined at this point but noted that the Minnesota State Legislature caps the
amount the school district could receive per year under the referendum.
Sansevere inquired how much the school district is still required to pay the former superintendent for
health insurance.
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Lawson stated the health insurance premiums would be paid for by the school district for the remainder of
the former superintendent's lifetime. 40,
Sansevere inquired whether paying health insurance premiums for employees after they are no longer
employed is standard for the industry.
Lawson stated that benefit was fairly standard a number of years ago but is now being phased out of
contracts.
Sansevere commented he has an issue with the fact that there are people who receive that benefit from the
Orono School District but are currently employed by a different school district or company and that their
current employer should be asked by those former employees whether they would pick up their health
insurance.
Sansevere inquired whether the school district's deficit was unforeseen.
Lewis stated it is difficult to foresee deficits at times due to changes in legislation.
Sansevere inquired whether Mr. Lewis would personally support to eliminate 11 teacher positions if the
referendum fails.
Lewis stated the implication if the referendum fails is that 11 teacher positions would need to be
eliminated and that he would vote in favor of the elimination.
Sansevere requested that the School District write a letter to the former superintendent asking him if he
would be willing to cease receiving health care from Orono since he is now employed by a different
employer.
PAGE 2 of 10
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MINUTES OF THE
ORONO CITY, COUNCIL MEETING
Monday, October 9, 2006
7:00, o'clock p.m.
(3. DICKLEIVIS, ORONO SCHOOL B
Continued)
Murphy concurred with the request that the le
organized effort to defeat this referendum.
Lewis stated he is not aware of any organized
Murphy expressed a concern that some of the
for the residents.
— ORONO SCHOOL DISTRICT REFEREND UM,
be sent. Murphy inquired whether there is any
to the referendum at this point.
activities are becoming too cost prohibitive
Lewis stated from a legislative point of view, some significant changes should be made in how schools
are funded but that the school district would make every effort to see that no child is left out if they truly
cannot afford to participate in a particular activity.
Sansevere suggested donations be taken to Help
certain activities.
4. SALLY KOENECKE, LAKE
2007 PROPOSED BUDGET
some of the costs for the people who cannot afford
COMMUNICATIONS COMMISSION —
Moorse noted that Ms. Koenecke was not able to make tonight's meeting and would be in attendance at
the November Council.meeting. I
Peterson noted the LMCC had requested a response within 30 days of receipt of the budget and that the
letter the City received is dated August 170i. Peterson inquired whether'the Council should table this item
or take formal action approving or denying the LMCC budget.
Murphy moved, White seconded, to approve
Murphy inquired what the Lake Minnetonka !
commissioner do. Murphy suggested the City
Council on the activities of the conunission.
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VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
None' ,
ZONING ADMINISTRATOR'S REPORT
*5. #06 -3221 SEAN AND NICOLIE
BOULEVARD — VARIANCE — RESOL
• Murphy moved, Sansevere seconded, to ai
variances for the property located at 1580
2007 LMCC budget.
iications Commission and communications
the commissioner make a presentation to the
LER HENDRDICKSON,1580 LONG LAKE
NO. 5517
RESOLUTION NO. 5517, a Resolution granting
g Lake Boulevard. VOTE: Ayes 5, Nays 0.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
*6. #06 -3224 MICHAEL SHARRATT OF SHARRA.TT DESIGN & COMPANY ON BEHALF
OF THOMAS AND REBECCA LOWE, 3295 CARMAN ROAD — VARIANCE — RESOLUTION
NO. 5518
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5518, a Resolution granting,
variances for the property located at 3295 Carman Road. VOTE: Ayes 5, Nays 0.
7. #06 -3231 WILLIAM S. DAMPIER, 3550 IVY PLACE — VARIANCE
William S. Dampier, Applicant, was present.
Turner stated the applicant is requesting side setback and lot coverage variances to allow the constriction
of an addition to the lakeside of the residence to be located 3.4 feet from the south property line when a
10 -foot setback is required. The lot coverage variance is requesting 17.4 percent when the maximum is
15 percent. The applicant has revised his plans slightly and is now requesting 16 percent structural
coverage.
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In 2000, the applicant was granted hardcover and side setback variances for construction of an addition to
the street side of the house and reconstruction of the second story. The original house was constructed
with a north side setback of 2.9 feet to 3.4 feet. The current request would allow construction of a semi-
circular room on the second floor on the lakeside of the property and a one -foot cantilevered extension of
the first floor on the lakeside of the property. The applicant constructed the first floor cantilevered •
extension and two feet of the second story addition in 2005 not in compliance with the prior approvals.
The 326 square foot addition would place the property 306 square feet over the structural lot coverage
maximum.
The Planning Commission voted 4 -1 to recommend approval, with Planning Staff recommending denial
of the application based on the amount of structural lot coverage. Turner stated the cantilevered area
exists because of a misunderstanding by the applicant.
Dampier stated he was originally granted permission to build 480 square feet of deck, and in the original .
application, he attempted to stay under the 15 percent structural coverage so that the house would be an
existing nonconforming structure. Dampier stated the 17.4 percent structural coverage is comparable to
the neighbors adjoining this property and that the three lots are all 50 -foot lots and the residences are
similar in size.
Dampier gave some history regarding his original application. Dampier stated he is proposing a
compromise that had been struck prior to getting the original permit back in 2000 with Gaffron and
Building Inspector Lyle. Dampier stated he proposed an addition toward the lake. But Gaffron said he
would not be able to approve that and instead recommended a different average setback line. Dampier
stated he submitted the plans for reconstructing the lake side of the house to the building inspector. After
a month or so the building inspector hadn't finished his review of the plans but he was verbally told that
he could proceed forward with the plans. Approximately one month later he was told that Ire could not
build the house as depicted on his plans and that he was to stop construction immediately. Dampier stated
the only way the cantilever could be removed would be to remove a good portion of the structure since
the timbers are all interconnected with each other. •
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, iOctober 9, 2006
7:00 o'clock p.m.
(7. #06 -3231 U' LLIAMS. DAMPIER, 3550IVYPLACE, Continue(l)
Dampier stated the cantilevered portion extends 23 inches out past the foundation and that the 480 square
feet of deck that he would like to trade for the boNT portion of the structure would be an improvement to
the structure. Dampier stated he was told that he could not construct a two -story residence by then
Planner Wendy Bottenberg. Dampier stated that downstairs is the great room, the master bedroom and a
bathroom. There is no second floor above the great room so that leaves one bedroom, a bathroom and a
long narrow room intended to be the sewing room,,upstairs. But his [older]daughter will be moving in
with her husband when they finish college soon and his [younger] daughter is expecting a child, so he
needs a third bedroom. The reason for the addition is that the sewing room is too small.
Dampier stated the houses on either side of his house have setbacks that extend into his side setbacks and
that the only portion of this structure that would extend into the side setback would be the 23 -inch
cantilever that is already in place. If the variance is granted, his [younger] daughter would get a bedroom
and he would be able to finish the house. Dampier pointed out the neighbors' view of the lake would not
be diminished in any way. Dampier requested the City trade the 480 square feet of deck for the 170
square feet of structure.
Peterson inquired whether a copy of the 2000 resolution that was approved is available.
Gaffron stated in 2000 the variances that were granted allowed an addition to the street side of the home,
which also dealt with some drainage issues and provided an entryway. The addition brought the house up
• to 15 percent structural coverage and the Council discussed in great length the deck. Gaffron stated the
deck as originally constructed would have been considered structural coverage and that some terracing of
the deck was then proposed to avoid the deck being considered structural coverage.
Sansevere inquired whether the history given by
Gaffron stated all discussions with the - applicant
Conunission and City Council would need to ap
applicant was correct.
accompanied with the statement that the Planning
the application and not just Staff.
Dampier stated he does not remember that Gaffron "ever informed him that the City Council would for
sure approve his application but that Gaffron would recommend approval of the project to the Council
Sansevere noted in 2005 the applicant was issued a'pennit to remodel the second story, with the plans
also including a cantilever and a semi - circular room extending from the second story toward the lake.
The building official at that time clearly indicated that those plans were not approved.
Dampier stated he submitted the plans in March and in April the building inspector had informed him that
he had verbal permission to go ahead with the plans that had been submitted. He was informed
approximately one month later that he did not have �penmission to proceed but the cantilever was already
constructed. I
Sansevere inquired whether Gaffron has any recollection of the previous application.
• Gaffron stated the application was received April :19, 2005 and the plans were approved in July. Gaffron
stated he is not aware why there was a delay in approving the plans but that this project has been ongoing
since 2000. 1
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
(7. #06 -3231 WILLIAMS. DAMPIER, 3550ITlYPLACE, Continued)
Peterson noted the applicant was advised in writing that the cantilevered areas are in violation of City
Code.
Dampier stated he was informed of that after that portion of the residence was constructed.
Peterson stated the applicant has acknowledged that he violated what the City approved in 2000.
Dampier stated he had previously spoken with Gaffron and the building inspector and they indicated they
would support his application. Dampier stated when he drew the line to 16 feet, Gaffion drew a different
line and he proceeded to construct according to that line.
Sansevere inquired whether Gaffron is in support of what the applicant is now proposing.
Gaffron stated he is not supporting the current application, and that if he gave the applicant any
impression that he might support this application, it was always with the caveat that the City Council had
to approve the application.
Dampier stated on the city's survey there are two lines drawn showing his original line and Gaffron's
compromise.
Gaffron stated they are merely lines on paper and do not document approval or any support on his part. •
Gaffion stated there have been discussions in the past about additions to the house but with the
understanding that the Planning Commission and City Council had to review and approve the plans.
Dampier stated he took the word of Gaffion that he _would be able to proceed forward with his plans and
that he was not aware of the proper process.
McMillan stated the paper trail in this application is very difficult to follow and that the building plans are
not formal plans.
Dampier stated the discussions centered around what happened prior to him proceeding forward with that
portion of the house and that those conversations were not documented. Dampier stated he did not have
the money to construct the entire house at that time and was only intending to construct a small portion of
it. Dampier stated none of the original plans went beyond the existing structure.
McMillan stated the additions were phased in and the structural coverage was not adequately kept track
of.
Dampier indicated during the project he would tear down one wall and then reconstruct it.
Peterson noted nothing on the lakeside was approved and that the applicant went ahead and decided to
proceed with construction beyond what was approved in 2000. Peterson stated in order to get the addition
on the street side, the City and the applicant compromised with the deck being terraced and that at that
point in time his entire home was 14.8 percent structural coverage. .
PAGE 6 of 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday; October 9, 2006
7:00' o'clock p.m.
(7. #06 -3231 WILLIAMS. DAMPIER,
Commissioner Kempf commented having the
situation.
McMillan stated to her knowledge the Planning
they reviewed this application.
01VYPLACE, Continued)
of the events is helpful in understanding the
did not have the 2000 resolution at the time
Dampier stated he was at 17.8 or 17.4 structural coverage at the time he purchased the house and that it
was an existing nonconforming structure to begin with. Dampier indicated his original proposal did not
involve going beyond the original footprint.
Murphy noted the shaded oval area on the
Gaffron confirmed that is correct.
was never a part of any approved plan.
Murphy stated that portion would be a considerable change in the structure of the house and that he
cannot understand the circumstances that Staff and the building inspector would agree to go ahead with a
structural change of that magnitude on an application that the City Council had not reviewed. Murphy
stated he is unable to understand how the City can proceed forward with this addition.
Sansevere inquired whether the applicant's
verbal approval.
Dampier stated that is correct.
for the application is that the building inspector gave
Sansevere stated he would be willing to table this application to allow the Council to hear from the
building inspector on whether he verbally approved that addition. If the building inspector did in fact
verbally approve this application, that he would support the application.
White concurred that it would be useful to hear from the building inspector in this application. White
commented that this is a signature house in the City of Orono and an enormous amount of work has gone
into the house. White stated he would also support the applicant if the building inspector indicates that he
did give verbal approval to the applicant. White noted the applicant does not have a good view of the lake
due to the location of his neighbors' houses. I
Sansevere suggested the building inspector
Peterson moved, Sansevere seconded, to
Place. VOTE: Ayes 5, Nays 0.
to the tape of this meeting.
PAGE 7 of 10
#06 -3231, William S. Dampier, 3550 Ivy
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
*8. #06 -3212 HEMPEL PROPERTIES, OUTLOT a STONEBAY (NW CORNER OF
WILLOW DRIVE NORTH AND HIGHWAY 12) — APPLICATION WITHDRAWN —
DISCUSSION
Murphy moved, Sansevere seconded, to table discussion of Application #06 -3212, Hempel
Properties, Outlot A Stonebay (NW Corner of Willow Drive North and Highway 12) to the City
Council Work Session scheduled for October 10, 2006. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Murphy noted the letter from City Administrator Ron Moorse to the City of Long Lake concerning the
police contract is included in the City Council's packet and helps to identify the issues that have been
discussed.
McMillan requested organic recycling be placed on Tuesday's work session agenda.
McMillan inquired whether there would be a fall newsletter.
Moorse indicated the newsletter should be going out in the next few days.
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Peterson encouraged everyone to attend the Excelsior Fire Department open house on Thursday at 6:00
p.m. is
Sansevere stated he would like to schedule a joint meeting with Navarre and Long Lake to discuss the
issues relating to police protection.
Sansevere inquired whether any meetings have been scheduled on the police.contract.
Moorse stated at this time they have not received a response from Long Lake.
Sansevere requested a note be included in either the newsletter or the newspaper that the City Council is
not responsible for the school levies.
Sansevere suggested that a -mails to the council members' city a -mail addresses be rolled over to the
individual's private a -snail account.
CITY ADMINISTRATOR'S REPORT
9. JAMESTOWN ROAD SEWER PROJECT — REQUEST FOR PAYMENT NO.2
Murphy moved, Sansevere seconded, to approve Request for Payment No. 2 from Castrejon, Inc.
for the Jamestown Road Sewer Project in the.amount of $43,102.22. VOTE: Ayes 5, Nays 0.
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PAGE 8 of 10
0 • MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
• 7:0.0 o'clock p.m.
CITY ADMINISTRATOR'S REPORT
10. APPOINTMENT OF 2006 GENERAL ELECTION JUDGES — RESOLUTION NO. 5519
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5519, a Resolution appointing
election judges for the November 7, 2006 General Election, with the understanding that
amendments may be necessary to the appointments in order to fill vacancies and meet party splits.
VOTE: Ayes 5, Nays 0.
11. ESTABLISH ABSENTEE BALLOT BOARD — RESOLUTION NO. 5520
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5520, a Resolution establishing
an absentee ballot board composed of at leas two election judges of different political parties
appointed by the City Clerk, with absentee ballot board members compensated at the same rate as
election judges, which is currently $8.00 or $8.50 for head judges. VOTE: Ayes 5, Nays 0.
12. REPLACEMENT OF POLICE DEP
Murphy moved, Sansevere seconded, to
the Police Department from Floyd Total
13. AUTHORIZE PERA COVERAGE
RESOLUTION NO. 5521
Murphy moved, Sansevere seconded, to ads
that the Part -time Position Held by Steven
of PERA Pension Eligibility. VOTE: Ayes
14. ESTABLISH DATE AND TIME
SECURITY MONITORS.
the purchase of replacement security monitors for
at $996.00. VOTE: Ayes 5, Nays 0.
PART -TEM E POLICE OFFICER POSITION —
` RESOLUTION NO. 5521, a Resolution to Declare
irm is that of a Police Officer as Defined for Purposes
Nays 0.
CANVASSING BOARD MEETING
Murphy moved, McMillan seconded, to select Thursday, November 9th at 8:00 a.m. for the 2006
Canvassing Board meeting. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
15. AUTHORIZE SUBMISSION OF
CRYSTAL BAY ACCESS LOTS
Brokl noted he is not able to attend the work
come to some reconciliation between the cor.
Brokl requested the City Council register the Cr
determine what is the interest and who has what
eliminate confusion over whether some of these
• Peterson moved, Murphy seconded, to auth,
registration application and submit same to
Nays 0.
CATION FOR REGISTRATION FOR
on Tuesday, and encouraged the City Council to
live plan and the zoning for that area.
Bay access lots. Brokl stated the process is to
rest in the lots. Brokl stated this would help to
have access.
the City Attorney and the Mayor to sign the title
iepin County for consideration. VOTE: Ayes 5,
PAGE 9 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
16. LICENSES
None
*17. BILLS
Murphy moved, Sansevere seconded, to approve payment of the All Funds Account.
VOTE: Ayes 5, Nays 0.
ADJOURNMENT
Sansevere moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:35 p.m.
There being no further business, the meeting was adjourned at 8:35 p.m.
ATTEST: /
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Lin a S. Vee, City Clerk Barbara Peterson, Mayor
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