Loading...
HomeMy WebLinkAbout12-11-2006 Council MinutesMINUTES OF THE' ORONO CITY .COUNCIL MEETING Monday, December 11, 2006 • 7:00 o'clock p.m. ROLL CALL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Bob Sansevere, Jiro Murphy and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Matt Brokl, City Engineer Tom Kellogg, 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 Item Nos. 15, 16 -28, 30, and 32 -36 were added tolthe Consent Agenda and Item No. 5 was removed from the Consent Agenda. Murphy moved, White seconded, to table VOTE: Ayes 5, Nays 0. Sansevere moved, Peterson seconded, to VOTE: Ayes 5, Nays 0. • RECOGNITION • 2. COUNCIL MEMBER BOB SANSEV] This item was tabled to the January City Council 3. MAYOR BARBARA PETERSON This item was tabled to the January City Council CITY ADMINISTRATOR'S REPORT 31. ACCEPT RESIGNATION OF Cl' Mayor. Peterson presented a plaque to Police the Orono Police Department. 2'and 3 to the January City Council meeting. the Consent Agenda as amended. STEPHANY GOOD — RESOLUTION NO. 5546 Stephany Good recognizing her exemplary service to The individual Council members thanked Chief Good for her service to the City of Orono. Peterson moved, Sansevere seconded, to accept the resignation of Chief Stephany Good, effective January 2, 2007, and to adopt RESOLUTION 4 q& 5546, a Resolution Recognizing Chief Good for her Exemplary Leadership and Dedicated Service to the City as Police Chief. VOTE: Ayes 5, Nays . 0. PAGE 1 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. APPROVAL OF MINUTES *4. REGULAR COUNCIL MEETING OF NOVEMBER 27, 2006 Sansevere moved, Peterson seconded, to approve the minutes of the November 13, 2006 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. 5. TRUTH IN TAXATION HEARING OF DECEMBER 4, 2006 White requested the minutes be amended to read that the Council agreed that with stable property values, the City would continue to be conservative in its spending. White noted the City of Orono has one of the lowest city tax rates. White moved, Murphy seconded, to approve the minutes of the Truth in Taxation Hearing of December 4, 2006, as amended. VOTE: Ayes 5, Nays 0. PUBLIC HEARING — 7:00 P.M. 6. 2007 LEVY ADOPTION HEARING — ADOPTION OF 2007 BUDGET AND TAX LEVY Mayor Peterson opened the public hearing at 7:20 p.m. Moorse noted the City held its Truth -in- Taxation hearing on December 4'h to provide an opportunity for • the pubic to comment and ask questions regarding the proposed 2007 budget and tax levy. One person was in attendance at the hearing. At this time the Council is requested to approve the final tax levy, the 2007 budget, and the 2007 special revenue funds budgets. There were no public comments relating to this item. Mayor Peterson closed the public hearing at 7:22 p.m. a. ADOPT FINAL 2006 LEVY COLLECTIBLE IN 2007 — RESOLUTION NO. 5547 Peterson moved, Sansevere seconded to adopt RESOLUTION NO. 5547, a Resolution Adopting the Final 2007 Tax Levy Collectible in 2008. VOTE: Ayes 5, Nays 0. b. ADOPT 2007 GENERAL FUND BUDGET — RESOLUTION NO. 5548 Murphy moved, Peterson seconded, to adopt RESOLUTION NO. 5548, a Resolution to Adopt the Final 2007 General Fund Budget. VOTE: Ayes 5, Nays 0. C. ADOPT THE 2007 SPECIAL REVENUE FUNDS BUDGETS — RESOLUTION NO. 5549 McMillan moved, White seconded, to adopt RESOLUTION NO. 5549, a Resolution to Adopt the • 2007 Special Revenue Funds Budgets. VOTE: Ayes 5, Nays 0. PAGE 2 of 17 I�J C • ORONO CITY ( Monday, DE 7:00 o PUBLIC HEARING — 7:00 P.M. OF THE INCIL MEETING fiber 11, 2006 ck p.m. 7. APPROVE THE ISSUANCE AND SALE OF SENIOR HOUSING REFUNDING REVENUE BONDS ( ORONO WOODS APARTMENT PROJECT), SERIES 2006 AND AUTHORIZE EXECUTION AND DELIVERY' OF RELATED DOCUMENTS - RESOLUTION NO. 5550 Mayor Peterson opened the public hearing at 7:25 p.m., noting that Mr. Frank Dunbar was in attendance at the meeting. Moorse stated this matter is in relation to the Orono Woods senior housing complex. The Volunteers of America are proposing a Housing Program Amendment relating to a proposed refinancing of the senior housing facility. Moorse noted the City would not Iincur any liability associated with the issuance and sale of the senior housing refunding revenue bonds. There were no public comments regarding this Mayor Peterson closed the public hearing at 7:27 l.m. White moved, Peterson seconded, to adopt RE issuance and sale of senior housing refunding i series 2006 and authorizing execution and deli VOTE: Ayes 5, Nays 0. PUBLIC HEARING — 7:15 P.M. 8. OFF SALE LIQUOR LICENSE — Rick Wood, Applicant, was present. UTION NO. 5550, a Resolution approving the iue bonds (Orono Woods Apartment Project), of documents related thereto. WOOD, 3421 SHORELINE DRIVE Mayor Peterson opened the public hearing at 7:27 p.m. Moorse stated this application is seeking approval of the transfer of the off sale liquor license for Navarre Liquor located at 3421 Shoreline Drive. Mr. Wood is in the process of purchasing Navarre Liquor. The police department has completed their background investigation with satisfactory results. Staff recommends approval of the transfer. Wood addressed the Council, noting that he has bden a business owner in Navarre for approximately 25 years and that he is in the process of acquiring Na } arre Liquor. There were no public continents relating to this application. Mayor Peterson closed the public hearing at 7:29 P.M. White moved, Peterson seconded, to approve the application of Wood Enterprises, Inc., represented by Richard J. Wood, for an Oft' Sale Liquor license for Navarre Liquor at 3421 Shoreline Drive. VOTE: Ayes 5, Nays 0. 1 PAGE 3 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. HRA MEETING — 7:20 P.M. Mayor Peterson recessed the Orono City Council meeting to open the HRA meeting at 7:29 p.m. Mayor Peterson reconvened the Orono City Council meeting at 7:32 p.m. PLANNING COMMISSION COMMENTS — RALPH KEMPF, REPRESENTATIVE Kempf noted he recently watched the City of Maple Plain meeting with the Minnesota Design Team and encouraged the City Council members to watch the meeting on the DVD he obtained from the LMCC. Sansevere encouraged the City Council to consider televising their meetings. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 9. #05 -3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT AND VARIANCE — RESOLUTION NO. 5551 Allen Munson, Applicant, was present. • Murphy noted an e-mail was received from Peter Johnson on December 11 0' regarding the Munson application and the fill being proposed for this project. Gaffron stated the City Council did review this. application at the previous Council meeting, with Staff drafting a resolution for approval by the City Council tonight to allow fill not to exceed 2400 cubic yards to be brought into the site. Gaffron stated that amount of fill equates to 240 truckloads of fill being brought in over a private road. Gaffron stated the applicant should work out an agreement with his neighbors regarding the noise, traffic, and the impact to the road prior to the fill being hauled in. The resolution requires the applicant to satisfy the City Engineer's concerns and to incorporate rain gardens into his project as a method of stormwater runoff treatment. The resolution also requires that the proposed drainage easement over the adjacent property at 3155 North Shore Drive must be granted and recorded with Hennepin County prior to issuance of a building permit for the new residence. Murphy commented he is encouraged by the comments contained in the e -mail from Mr. Johnson that the parties are getting along and have resolved their differences. Murphy noted, as contained in the e -mail, that the Wageners would object to importation of fill for the purpose of raising the elevation of the home artificially. Gaffron stated it is his understanding the fill is being brought in to raise the elevation behind the house' and not to raise the elevation of the house itself. Gaffron stated the fill should not have a visual impact to the Wageners. McMillan inquired whether the City should have on file anything regarding the easement prior to the • work commencing. PAGE 4 of 17 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. (9. #05 -3135 ALLENMUNSON, 3165 Gaffron stated the City does not have a specific to file with the City the easement. SHORE DRIVE, Continued) in their ordinances that requires the applicant Munson indicated he has spoken with all of his neighbors concerning the fill being brought in and that the neighbors are all in agreement that the road would be redone once the project is completed. McMillan inquired whether a swale would also be created for the rain garden. Gaffron stated it is anticipated some grading and seeding would occur in connection with the rain garden. McMillan inquired whether there are any restrictions regarding that work in the 0 -75' zone. Gaffron stated Staff does have the ability to issue land alteration pen-nits for up to 10 cubic yards of movement, which would cover rain gardens, but that the City does not have any specific ordinances addressing rain gardens at this point. Murphy moved, White seconded, to adopt RESOLUTION NO. 5551, a Resolution Granting a Conditional Use Permit, for the property located at 3165 North Shore Drive. VOTE: Ayes 5, Nays 0. 10. #06 -3189 TERRY AND SUZANNE JOHNSON, 543 PARK LANE — VARIANCE — • RESOLUTION NO. 5552 Terry and Suzanne Johnson, Applicants, were Gaffron stated the applicants are requesting lot area, lot width, average lakeshore setback and 75 -250' zone hardcover variances in order to construct a rew single - family home on their property. This application was before the Council in August. At that meeting the application was approved and the applicants were directed to have their final survey drafted as well as provide Staff with the final home plans. During the final review Staff noted that the proposed home has a 1.5 -foot encroachment for a 7 -foot wide cantilevered area off of the dining room. While the Council's direction to the applicants was to meet the 10 -foot side setbacks in revising the plans for the house, the applicants realized that this was one area that they felt required the additional 10.5 square feet of area or 1.5 -foot encroachment. The applicants are requesting a variance for an 8.5 -foot side setback'for the 7 -foot area where 10 feet is required. The Planning Commission voted 6 -0 to recommend denial of the variances back in April of 2006. Gaffron stated Staff feels the encroachment of the cantilevered area is fairly minor in its visual impact,.to the neighborhood. The resolution has been drafted to allow the 1.5 -foot encroachment, but Council should discuss whether this setback variance request is reasonable. Murphy inquired whether the bump -out is to accommodate a fireplace. iMrs. Johnson stated the bump -out is a built -in storage area and is basically the size of a window seat. Johnson indicated the bump -out does not extend from the floor to the ceiling. The bump -out was PAGE 5 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. • (10. #06 -3189 TERRYAND SUZANNE JOHNSON; 543 PARKLANE, Continued) depicted on their original plans but was inadvertently omitted from the survey. The neighbors have reviewed the plans with the bump -out and they have not indicated any opposition to it. Sansevere inquired whether there would be any precedent set if this was approved. Gaffron stated in his opinion there would not be a precedent set since the bump -out is very minor. The City's code does allow an encroachment of this nature for a chimney chase or a bay window. Mrs. Johnson stated when the deck was relocated and the house was pushed back two feet, they were required to reduce the size of their kitchen and dining room. They then added the bump -out to their plans but it was omitted from the final survey inadvertently. Mrs. Johnson commented the neighbors are looking forward to this project being completed since it would improve the drainage in the area. White moved, McMillan seconded, to adopt RESOLUTION NO. 5552, a Resolution Granting Variances for the property located at 543 Park Lane. VOTE: Ayes 5, Nays 0. *11. #06- 3234/35 DANIEL HESSBURG, 4725 AND 4731 NORTH SHORE DRIVE — VARIANCES/LOT LINE REARRANGEMENT — RESOLUTION NO. 5553 Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5553, a Resolution Granting Subdivision of a Lot Line Rearrangement, Street Vacation and Variances for Properties Located at • 4725 and 4731 North Shore Drive. VOTE: Ayes 5, Nays 0. 12. #06 -3239 VOGUE ICF HOMES ON BEHALF OF JOHN HENRY, 2216 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5554 John Vogstrom, Applicant, was present. Turner stated the applicant is requesting lot width, lot area and hardcover variances to allow construction of a replacement residence. In November, the Planning Commission voted 3 to 1 to recommend approval of the lot width and area variances and approval of a hardcover variance to allow 27.7 percent hardcover in the 75 to 250 foot zone subject to: 1. The grading and site plans being revised to address the issues outlined in the City Engineer's report. 2. The house plans being revised to lower the floor of the basement under the garage and center portions of the house so the basement is not considered a story, and if necessary, the house being moved toward the street. Rather than move the house closer to the street, the depth of the garage has been increased by two feet to accommodate the steps from the house to the garage. This did not increase the hardcover in the 75 -250 foot zone. Hardcover in the 250 -500 foot zone increased by 60 square feet. 3. The gable end of the roof facing the lake being changed to a hip and other modifications being made to visually reduce the height of the lakeside fagade. 0 PAGE 6 of 17 ORONO CITY C Monday, DE 7:00 of (12. #06 -3239 VOGUE ICF HOMES ON BE) ROAD, Continued) ES OF THE OUNCIL MEETING -ember 11, 2006 clock p.m.. OF JOHN HENRY, 2216 SHAD YWOOD The designer determined that the design of the roof over the garage should also be changed to a hip roof to snake it compatible with the hip roof over the lakeside of the house. These changes increased the wall height of the street fagade by six feet but decreased the wall height of the lakeside portion of the house by three feet. The designer also reduced the size of the upper level windows on the lake fagade so they are no longer identical to the ones below. 4. The City Engineer carefully reviewed the created for adjacent properties. A number of neighboring property owners cos neighborhood the drainage problem in their la relatively flat topography and may be exacerb grading plan for this property will ensure that lakeshore yard drainage issue may require a n plan to ensure drainage problems are not ated at the public hearing that with each rebuild in their ore yards has increased. This apparently is due to the by ridges at the shoreline from ice action. While the ff heads toward the lake between adjoining houses, the )orhood -wide solution. Staff recommends approval of the lot width, lot area, and hardcover variances per the resolution attached to the staff memo. Vogstrom stated he did incorporate the recommendations of the Planning Commission into his revised • plans and that he has met with the neighbors concerning the changes to the plan and drainage. The . neighbors have indicated they are fine with the proposal. Vogstrom noted the house has been lowered approximately 2.5 feet, which gives it more curb appeal; and that they do meet the setbacks. Murphy commented he likes the hip roof and thathe is fine with the revised proposal. McMillan recommended the applicant consider incorporating rain gardens in front of the ice ridge to help with the standing water. White moved, Murphy seconded, to adopt RESOLUTION NO. 5554, a Resolution Granting Variances for the property located at 2216 Shdywood Road. VOTE: Ayes 5, Nays 0. 13. #06 -3245 SHARRATT/MANEY FOR LAURENCE AND ARDELL JONES, 3605 NORTH SHORE DRIVE — VARIANCE Michael and Karen Maney, Applicants, and Mike I Sharratt, Architect, were present. Turner stated the applicants are requesting the following variances to allow constntction of a second story and attached garage for the existing residence: 1. A lakeshore setback of 44 feet when 75 feet is required; 2. A street setback of 19.97 feet when 30 feet is required; 3. Structure lot coverage of 18.77 percent when 15 percent is allowed; 4. A hardcover variance to allow 16 percen hardcover in the 0 -75 foot zone when none is allowed; 5. A hardcover variance to allow 53.8 percent hardcover in the 75 -250 foot zone when 25 percent is allowed. PAGE 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. • (13. #06 -3245 SHARRA TTIMANEY FOR LA URENCE AND ARDELL JONES, 3605 NORTH SHORE DRIVE, Continued) In November the Planning Commission voted 4 to 0 to recommend approval of the setback variance from North Shore Drive subject to review of the width of the shared roadway by the Fire Marshal and approval of the structural lot coverage, lakeshore setback, and average lakeshore setback variances subject to the open porch and lakeside overhang not being converted to enclosed space. The Fire Marshal indicates that since the shared driveway serves more than two houses, a 20 -foot wide fire lane must be maintained. This width is'maintained on the three lots to the southwest. On this property the existing shared driveway is about 17 feet wide adjacent to the existing garage and about 14 feet wide nearer the northeast property line adjacent to the RV parking space. On the property to the northeast the shared driveway is about 12 feet wide. The applicant proposes to narrow the shared driveway to 15 feet adjacent to the new garage while maintaining 14 feet nearer the northeast property line. If the planting bed were reduced to the depth of the eave and the shared driveway widened a foot or two opposite the northeast corner of the garage, the shared driveway would be 20 feet wide. The alignment of the shared driveway northeast of the garage will depend on where the shared roadway on the property to the northeast could be widened in the future and the acceptability to the County of further encroaclment of the shared driveway into the County right - of -way. Without knowing the location of the shared driveway and the resulting hardcover figure, Staff could not draft a resolution. Staff requests the Council direct the applicant to, one, provide a revised site plan that provides the . required 20 -foot wide fire lane in a location acceptable to the Fire Marshal and, if further encroachment into the County right -of -way is proposed, the County Transportation Department; two, provide revised hardcover calculations that exclude the shared driveway from lot area and hardcover; and three, direct Staff to draft a resolution granting the setback and hardcover variances based on the revised survey and hardcover calculations. Mr. Maney stated they have worked diligently with Staff on their project to comply as much as possible with City regulations given the constraints of the property. The recommendation of the Fire Marshal came as a surprise given the existing conditions on either side of this property. Maney inquired whether there are other options that could be pursued in lieu of the Fire Marshal's recommendation. Maney noted they have made other improvements to the property and roadway in front of their residence.. Murphy stated he is not prepared to direct Staff to prepare an approval resolution on this application until all the required infornlation is before the Council. Murphy stated on rare occasions the City Council has approved road widths that are different from the recommendation of the Fire Marshal as long as the people affected understand clearly the consequences. Murphy pointed out those other occasions have not involved other properties. Gaffron stated in those cases when the City Council granted some flexibility to the recommendation of the fire marshal, there have been other provisions requested, such as bump -outs for parking. The fire marshal has expressed a concern regarding the parking in this area. Gaffron noted there does appear to be a bottleneck near the Sundby residence, which could restrict emergency vehicles. CJ PAGE 8 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o''clock p.m. (13. #06 -3245 SHARRATT/MANEY FOR LA SHORE DRIVE, Continued) Gaffron noted this is a fairly new application and month. Gaffron inquired whether the Council has width of the roadway. White stated he is. in agreement with the recon recommendation of the fire marshal should be Murphy inquired whether the other portions of the widened. AND ARDELL JONES, 3605 NORTH just appeared before the Planning Commission last y other issues with the application other than the ation of the Planning Commission but that the into consideration. would be affected if the roadway were Turner stated the.garage could possibly be impacted if the County does not approve the encroachment and the alignment on the right -hand of the property line could also be affected. Turner stated the hardcover would also be impacted. Brokl stated his office is also taking a look at some of the easement and right -of -way issues at the rear of the property at this time and they have not yet completed that work. Brokl requested they be given the opportunity to complete that work prior to approving this application. Brokl stated those issues would need to be resolved prior to any building permits being issued. • Sharratt pointed out that a new home was recentlyconstructed on this street and the width of the roadway was not an issue at that time. In addition, the Planning Commission and City Council granted the variance for the retaining wall to be constructed that creates the greatest restriction at the entrance between County Road 51 and the private driveway%. That constriction touches County Road 51 and only allows for a roadway width of 14 feet at that point! which will not change with this application. Another constriction is the 12 -foot width of the roadway in front of the Sundby property. Sansevere noted the Sundbys are at the end of the roadway. Sharratt pointed out the only way a fire truck would be able to access this roadway would be to come from the east on County Road 51 and that the greatest constriction is at the opening to the roadway itself. If the driveway to the west is increased, that would result in a three or four foot vertical difference between County Road 51 and the private drive and the residences. Sharratt stated practically speaking, there is almost no way to widen the drive at the Sundby property and that they have widened the drive in front of the Maney residence by approximately two feet. Sharratt stated it does not appear realistic that the roadway can be widened to 20 feet the entire length. Maney stated it does not appear reasonable to require one property to comply with the 20 -foot width when the other properties do not comply with the width. Gaffron stated the Sundbys were primarily replacing the. retaining walls on their property and that he is unsure whether the retaining walls were relocated slightly. Gaffron stated Staff could review the driveway situation in this neighborhood but that i i appears likely the recommendation of the fire marshal impacts other properties in this area. , Sansevere moved to table Application #06 -3245, 3605 North Shore Drive. PAGE 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. (13. #06 -3245 SHARRA TTIMANEY FOR LAURENCE AND ARDELL JONES, 3605 NORTH SHORE DRIVE, Continued) Maney stated the RV area would also be removed. Murphy inquired whether the applicants would be better served by tabling the application or by making a motion directing Staff to review the roadway situation in this neighborhood. Gaffron stated it is unlikely the fire marshal was consulted on the Sundby application since they were merely replacing something that existed. Sansevere noted this application was filed with the City in October and that at times the City has applications that take longer than a few months to approve. Maney noted they have been working with Staff since this summer. Sansevere amended his motion to table Application #06 -3245 to also direct Staff to review the roadway situation in this neighborhood. Murphy seconded the motion. VOTE: Ayes 5, Nays 0. 14. #06 -3248 JOHN HOLLANDER, 200 HOLLANDER ROAD — VARIANCE — DENIAL RESOLUTION NO. 5555 John Hollander, Applicant, was present. Turner stated the applicant is requesting a fence height variance to allow the existing fence to be increased to 56 inches high when the maximum is 42 inches. This would be the same height as the fence was when it was first constructed. If the fence is located within the setback area, the fence can be no higher than 42 inches tall. The Planning Commission voted 4 to 0 to recommend denial of the fence height variance as detrimental to public safety and as not within the parameters found in City Ordinance Section 78 -123. Hollander stated the fence was erected three years ago and was approved by a person under the authority of Lyle Oman. Mayor Peterson inquired whether this City has ever approved this fence at 56 inches. Gaffron stated he personally does not know the answer to that, noting that the City does not require permits for fences. Turner stated Staff has found no record approving the fence. Sansevere noted any fence that exceeded 42 inches would require a variance and Staff is not able'to waive a variance. 0 • Hollander stated the fence was erected for privacy and that he has found a large number of golf balls on, his property prior to the fence being put up. Since that time he has not found very many golf balls and he • has not experienced any attempted break -ins. Hollander stated he is not sure the Planning Commission understood the legal definition of privacy. Hollander read the definition of privacy found in Barron's PAGE 10 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. (14. #06 -3248 JOHNHOLLANDER, 200 ROAD, Cap :tinued) Legal Law Dictionary, which entitles him to certain rights. Hollander stated absolute privacy does not mean that anybody can come onto his property that wants to but absolute privacy means for his own protection in the case of an emergency. Sansevere inquired why the applicant needs a 56-inch high fence. Hollander stated he does not want golf balls and people coming into his yard. Hollander indicated as recently as Saturday he experienced someone attempting to break into his outdoor kennel. Hollander stated the value of his property was increased at the time the fence was originally constructed and was a nice looking fence. Hollander indicated he did notify Lyle Oman of other fences throughout the City that do not comply with the City's regulations and that if the City does not, make those property owners comply with the City's regulations, it would be discrimination. Peterson inquired whether Mr. Hollander would area. Hollander stated a fence in that location would 1 • Sansevere commented the fence would give the willing to relocate his fence outside of the setback alongside the house and would not do any good. privacy. Hollander illustrated on the overhead the location' of the fence. Hollander stated he measured 50 feet from the easement line and not the property line. Gaffron stated the setbacks are determined from the property line. Hollander stated the statute of limitations governing this fence is two years. City Attorney Brokl stated the statute of li Hollander stated the fence was constructed three Mayor Peterson stated the City Council did not Sansevere commented Staff does not have the whether Mr. Hollander has the approval in wr Hollander stated the gentleman approved it does not apply to code enforcementby cities. ago and approved by the City. the fence. to approve or waive a variance. Sansevere inquired and he thought that was all that was required. Hollander reiterated the fence was constructed three years ago and now all of a sudden the City decides the fence is too high. Hollander stated he notified the City four months ago that there are other fences throughout the City that are not in compliance. • Gaffron stated the applicant submitted pictures depicting fences, some which are located in the city and some which are located outside the city. Gaffron indicated many of the fences are located on lakeshore PAGE 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. • (14. #06 -3248 JOHNHOLLANDER, 200 HOLLANDER ROAD, Continued) fences and are compliant with City codes. A few of the fences may not be in compliance but Staff has not investigated those at this time. Mayor Peterson stated typically the City would investigate something that is not in compliance based upon a complaint. Hollander read the legal definition for discrimination. Mayor Peterson stated in her view the applicant is not being discriminated against and that she is unsure why the applicant feels he is being discriminated against. Hollander cited Smith v. Wade, 461 U.S. 30 (1983) and read the language pertaining to punitive damages. Mayor Peterson inquired whether the applicant would like a variance to the height of his fence. Hollander indicated he would like to have the fence back at the 56 inches it was originally constructed at. Hollander inquired whether any of the City Council Members have driven by his residence. Murphy stated he has driven by the residence three times since this application has come before the City. Murphy stated he is not in favor of the variance and pointed out there are some campaign signs still • located on the applicant's property. Hollander indicated he would be removing those. Murphy commented the boards from the fence are still lying in the fence from when the height of the fence was reduced. Hollander stated he left them in the ditch until this matter was resolved. Hollander stated he has been a real estate broker since 1984 and that the 56 -inch high fence increased the value of his property. Murphy stated the campaign signs need to be removed and that the property generally is in a state of disrepair. Murphy commented he is unsure what brought about the circumstances that led to the deterioration of this property but that it is a health hazard to the applicant and to the neighbors. Murphy encouraged the applicant and the City to work together to try to resolve the issues regarding this property. Hollander stated he has been in the process of cleaning the property up and that he has invested over $500,000 cash into the property. Kevin Rodewalk, 2293 Shadywood Road, stated he has been assisting the applicant in cleaning up the property and that the front yard is basically cleaned up except for some cigarette butts. Murphy commented that a number of people realize this property is a mess and that the City should attempt to work with Mr. Hollander as much as possible to help him clean his property up. Hollander reiterated he has been cleaning the property up. • PAGE 12 of 17 • • CI MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. (14. #06 -3248 JOHNHOLLANDER, 200 Mayor Peterson requested that the City Council White stated the City is not willing to change its r not in compliance in its present location. White s 56 inches since it would set a precedent. White si appropriate authorities if he has other issues that the City Council at this time. Hollander inquired why the City has not Mayor Peterson indicated Staff has been directed Hollander stated there is not much to investigate verify the height. Sansevere inquired whether Mr. Hollander went Hollander stated he measured the fences from the that he has a concern with people breaking into hi departments regarding the break -ins and a potenti people hitting golf balls into his yard. Hollander request, the fence would remain as is and that he Mayor Peterson stated she also is not in Peterson moved, Murphy seconded, to adopt Variance to Municipal Zoning Code Section Hollander Road. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT ROAD, Continued) with the variance request. regulating fences and that Mr. Hollander's fence is the City Council is not able to approve the fence at sted the applicant contact the police and other d be addressed but that those issues are not before the other noncompliant fences throughout the City. investigate those cases. that all it takes is somebody to measure the fence to those other people's properties to measure the fence. oad and basically eyeballed them. Hollander repeated house, noting that he has contacted the police and fire ly set fire. Hollander stated he also has a concern with ated if the Council does not approve the variance ould be removing the boards lying on the ground. with the variance request. SOLUTION NO. 5555, a Resolution Denying a 1405(7)(a), for the property located at 200 Sansevere commented it has been an honor and a'delight to work with the City Council and Staff the past few years. Mayor Peterson stated she is in agreement with Murphy stated there is a plan in place to bring N protection area effective January 8 °i and that bof approximately six months until they are able to c Member Sansevere's comments. ✓acre into the Long Lake Fire Department's fire fire departments will go out on all calls for termine the appropriate demarcation line. White inquired whether the helipad has been elini Murphy stated he was not aware of that and noting that it has been painted over. look into it. White stated the location of the fire department does not always guarantee prompt response times and that the response time is more dependent on the location of the volunteer firefighters to the station. PAGE 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. • (MAYORICOUNCIZ REPORT, Continued) McMillan commented she has enjoyed working with Peterson and Sansevere over the years. Moorse noted a work session has been scheduled for December 18"'. CITY ENGINEER'S REPORT *15. AUTHORIZE PLANS AND SPECIFICATIONS FOR 2007 STREET IMPROVEMENT PROJECTS Sansevere moved, Peterson seconded, to authorize the preparation of plans and specifications for the 2007 crack'seal and seal coat project, and for the 2007 mill and overlay project. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *16. 2007 FEE SCHEDULE— ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION, ORDINANCE NO. 36, THIRD SERIES Sansevere moved, Peterson seconded, to adopt ORDINANCE NO. 36, Third Series, an Ordinance Adopting the 2007 Fee Schedule and Repealing Ordinance No. 31, Third Series. - VOTE: Ayes 5, Nays 0. • *17. 2007 MEETING SCHEDULE Sansevere moved, Peterson seconded, to approve the 2007 meeting schedule. VOTE: Ayes 5, Nays 0. *18. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2007 Sansevere moved, Peterson seconded, to approve the schedule for Council attendance at the Planning Commission meetings during 2007. VOTE: Ayes 5, Nays 0. *19. 2006 INTERFUND TRANSFERS AND LOAN PAYMENTS Sansevere moved, Peterson seconded, to approve the transfers and loan payments as indicated on the Schedule of 2006 Interfund Transfers and Loan Payments. VOTE: Ayes 5, Nays 0. *20. AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Sansevere moved, Peterson seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 26k" Council meeting, which has been canceled, and that sucli paid claims be presented for formal approval at the January 8, 2007 Council meeting. VOTE: Ayes 5, Nays 0. • PAGE 14 of 17 ORONO CITY C Monday, De • 7:00 0' *21. 2007 NON -UNION COMPENSATION. • Sansevere moved, Peterson seconded, to adopt Pay Plan Adjustments for Non -Union City Em ES OF THE OUNCIL MEETING -ember 11, 2006 clock p.m. —RESOLUTION NO. 5556 , UTION NO. 5556, a Resolution Approving for 2007. VOTE: Ayes. 5, Nays 0. *22. POLICE OFFICER CONTRACT FOR1006 -2007 Sansevere moved, Peterson seconded, to approve the Labor Agreement between the City of Orono and Law Enforcement Labor Services, Inc., Local No. 40, Patrolmen, January 1, 2006 through December 31, 2007. VOTE: Ayes 5, Nays 0. *23. HEALTH CARE SAVINGS PLAN FOR POLICE OFFICERS — RESOLUTION NO. 5557 Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5557, a Resolution Approving a Post - Employment Health Care Savings Plan for the Police Officer Bargaining Unit and Amending the Police Officer Labor Agreement to Reflect the Change. VOTE: Ayes 5, Nays 0. *24. HEALTH CARE SAVINGS PLAN FOR SERGEANTS — RESOLUTION NO. 5558' Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5558, a Resolution Approving a Post - Employment Health Care Savings Plan for the Police Sergeant Bargaining Unit, and Amending the Police Sergeant Labor Agreement to Reflect the Change. VOTE: Ayes 5, Nays 0. *25. SEWER SERVICE CONNECTIONS Sansevere moved, Peterson seconded, to appro a sewer connections to the North Long Lake/Long Lake Country Club Sanitary Sewer Project for the properties at 809, 849, 900, 925, and 960 Brown Road North. VOTE: Ayes 5, Nays 0. *26. AUTHORIZE TITLE REGISTRA RESOLUTION NO. 5559 Sansevere moved, Peterson seconded, to adopt the Mayor and City Cleric to Execute the Appl Lots. VOTE: Ayes 5, Nays 0. *27. BIG ISLAND PARK PROPERTY PA Sansevere moved, Peterson seconded, to app Park property funding package to the Minn Nays 0. *28. APPROVE ANIMAL CONTROL FOR CRYSTAL BAY ROAD LOTS — LUTION NO. 5559, a Resolution Directing for Registration of Four Crystal Bay Access the payment of $425,000 as part of the Big Island Veterans 4 Veterans Trust. VOTE: Ayes 5, VICES CONTRACT RENEWALS Sansevere moved, Peterson seconded, to approve the renewal of the animal control contracts for 2007 with a three percent fee increase. VOTE!, Ayes 5, Nays 0. PAGE 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. • 29. APPOINT NEW PLANNING COMMISSION MEMBERS Peterson moved, White seconded, to appoint the following to the Planning Commission: Kim Kang, term expiring March 31, 2008; Jaye Ann Zullo, term expiring March 31, 2008;. Michelle Winer, term expiring March 31, 2009; and Tess Rice, term expiring March 31, 2010. VOTE: Ayes 5, Nays 0. *30. APPOINT PLANNING COMMISSION CHAIR AND VICE CHAIR Sansevere moved, Peterson seconded, to appoint Dave Rahn as Planning Commission Chair and to appoint Ralph Kempf as Vice Chair. VOTE: Ayes 5, Nays 0. 31. ACCEPT RESIGNATION OF CHIEF STEPHANY GOOD This item follows the Consent Agenda. *32. APPOINTMENT OF CHRIS FISCHER TO SERGEANT POSITION Sansevere moved, Peterson seconded, to appoint Chris Fischer to the sergeant position from working- out -of -class sergeant, effective January 7, 2007. VOTE: Ayes 5, Nays 0. . *33. LIQUIDATION OF SURPLUS FORFEITED VEHICLES Sansevere moved, Peterson seconded, to approve the sale of a 1997 Ford Escort at the Orono Police • Department by a sealed bid process. VOTE: Ayes 5, Nays 0. Sansevere moved, Peterson seconded, to approve the sale of the following vehicles: 1997 GMC Yukon, 1993 Ford Van, 2000 Chevrolet Truck, 1989 Toyota Corolla, and a 1992 Honda Accord through Minneapolis Auto Auction at a cost not to exceed $265.00 per car. VOTE: Ayes 5, Nays 0. *34. ACCEPT GRANT FROM URBAN AREA SECURITY INITIATIVE Sansevere moved, Peterson seconded, to accept 2005SUASI -00541 grant in the amount of $500 for the 2006 AMEM Fall Conference. VOTE: Ayes 5, Nays 0. *35. PUBLIC ENTITY WASTE ABATEMENT INCENTIVE FUND GRANT AGREEMENT — RESOLUTION NO. 5560 Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5560, a Resolution Authorizing the City of Orono to Enter into a Public Entity Waste Abatement Incentive Fund Agreement and Authorizing the Mayor to Sign the Agreement. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Brokl stated they would be moving forward with the Crystal Bay lot registration process. • PAGE 16 of 17 ORONO CITY C • Monday, Del 7:00 o' *36. LICENSES GARBAGE HAULER 1. Waste Management of Minnesota, Inc. 490 Industrial Boulevard Winsted, MN 55395 ANNUAL LIQUOR LICENSES On Sale Liquor and Sunday 2. Narrows Saloon (Orono Liquor, Inc.) 3380 Shoreline Drive Off Sale Liquor 3. Navarre Liquor 3421 Shoreline Drive SPECIAL EVENT 4. Applicant: Event: Location: Date: • Time: • Vogue I.C.F. Homes 2007 Spring Parade of H 1430 Cherry Place February 10 —March 18, Noon — 6:00 p.m. OF THE INCIL MEETING fiber 11, 2007 ck p.m. , Thursdays through Sundays Sansevere moved, Peterson seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *37. *BILLS Sansevere moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Sansevere moved, Peterson seconded, to adjourn, the Orono City Council meeting at 9:17 p.m. ATTEST: Linda S. Vee, City Clerk IC. .. • PAGE 17 of 17 • • MINUTES OF THE SPECIAL COUNCIL MEETING HELD AT 6:00 P.M. ON MONDAY, DECEMBER 18, 2006 IN THE ORONO COUNCIL CHAMBERS Members Present: Mayor Barb Peterson, and Council Members McMillan, Murphy, and Sansevere. (Council member White airrived at 6:15) Staff Present: City Administrator Ron Moorse Mayor Peterson called the meeting to ordel at 6:05 p.m. Moorse outlined a mediated settlement that was reached with Mn /DOT regarding the value oPoroperty (the "Carlson property") acquired by Mn /DOT as right -of -way for the Highw6y 12 project through the condemnation process. The condemnation Commissioners' award was $231,000. The settlement reached through mediation was $340,000. Mayor Peterson moved and Murphy secor amount of $340,000. Roll call: all ayes. Adjournment Peterson moved and White seconded ATTEST: 4n �- A. v�� Linda S. Vee, City Clerk the approval of the settlement in the iurnment at 6:21 p.m. Vote: all ayes. Barbara A. Peterson, Mayor