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HomeMy WebLinkAbout02-26-2007 Council PacketItem #02 - CC Agenda 02/26/07 Recognition Resolution [Page 1 of 2] Item #02 - CC Agenda 02/26/07 Recognition Resolution [Page 2 of 2] Item #03 - CC Agenda 02//26/07 Recognition Resolution [Page 1 of 2] Item #03 - CC Agenda 02//26/07 Recognition Resolution [Page 2 of 2] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ ROLL CALL The City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Evelyn Turner, City Attorney Andrea McDowell Poehler, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE/AMEND Item Nos. 3, 9 11, 12, 13, 14 15, 17, 18, and 19 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING OF JANUARY 22, 2007 McMillan requested the minutes on page three be corrected to read development to the west rather than development to the east. McMillan moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of January 22, 2007, as amended. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – JAYE ANN ZULLO, REPRESENTATIVE Zullo stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT *3. #06-3169 CHRISTOPHER HAROLD DIESEN, 1100 TOWNLINE ROAD, SUBDIVISION: FINAL PLAT APPROVAL – RESOLUTION NO. 5574 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5574, a Resolution approving the plat of Diesen Development. VOTE: Ayes 4, Nays 0. PAGE 1 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 1 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ 4. #06-3231 WILLIAM S. DAMPIER, 3550 IVY PLACE - VARIANCE William Dampier, Applicant, was present. Turner stated the applicant is proposing to maintain an existing cantilevered 23-inch by 30.2 foot lakeward extension of his house and construct an additional 114 square foot semicircular addition. The applicant requests the following variances: 1. A side setback variance of 3.4 feet for the cantilevered area when a 10-foot setback is required; 2. A 16.18 percent structural lot coverage variance when 15 percent is allowed. The applicant proposes to reduce hardcover in the 75 to 250 foot zone from 48.9 percent to 45.1 percent by not constructing the remainder of the non-structural deck allowed by Resolution No. 2564. This item was tabled by the Council on October 9, 2006, and requested a statement from Lyle Oman, Building Official, regarding a possible verbal authorization to proceed with construction prior to issuance of the building permit, which is Exhibit I, and information about the surrounding area contained in Exhibits J and K. The applicant has also provided additional information that is contained in Exhibit L. The Planning Commission reviewed the request on September 18, 2006, and voted 4-1 to recommend approval of the application subject to the submittal of a revised plan with the following parameters that would decrease the impact of the proposal: 1. Allow the cantilever as constructed 3.4 inches from the side lot line. 2. Redesign the half-round room to meet the 10-foot side setback when centered on the house. 3. Redesign the deck to be only a half circle directly under the half-round room, reverting the remainder of the former deck area to non-hardcover lawn area. Planning Staff continues to recommend denial of the variances. White inquired whether the applicant had received the comments of the building inspector. Dampier stated he has and that he has also compiled a brief timeline of the events that have transpired concerning his application. Basically a permit was applied for in April and in early June Lyle Oman was asked about the status of the permit application. Dampier stated he was told at that time he could proceed with the work and that Oman would be issuing a building permit in the near future. Construction on the residence was started in early June, and by mid July, the framework and the cantilevered area were completed. Dampier stated at that time, in mid July, the building inspector informed him that he could not build out as he had originally planned and that he subsequently spoke with the city administrator and other officials with the City. He was told at that time that he required a variance. Shortly after that time the hole for the foundation was filled back in. Dampier stated in September, work had been commenced on the roof of the house and the building inspector informed him that the cantilevered level extended too far and the project was red tagged. Dampier indicated he was granted permission to finish the work up to the foundation. The hole was filled back in on August 7, 2005, and nothing further was constructed from the foundation forward. Dampier stated he has submitted some receipts from the excavator showing that work was commenced in June. PAGE 2 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 2 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (4. #06-3231 WILLIAM S. DAMPIER, 3550 IVY PLACE, Continued) Dampier stated he commenced work when he was authorized to do so by the building inspector and that in his opinion he has not intentionally defied anybody at the City and that he has followed the verbal instructions that he received. Dampier stated he has submitted a signed statement by Austin Dick, who has assisted him in the construction of his house. Murphy inquired whether there was a variance granted to do the work that was completed. Dampier stated he is attempting to relay the facts as they happened and that when he spoke to the building official in April, the bow and cantilever areas were reflected on his plans and the building inspector reviewed his plans. In June verbal permission by the building inspector was given to proceed forward. McMillan pointed out the drawing is different than what was submitted in 2000 and asked why the drawing was changed. Dampier stated he would address that issue. Dampier distributed documentation regarding his application dating back to 1998. Dampier stated he received permission by Planner Bottenberg to construct a portion of the house in 1998 as long as he stayed below 40 percent hardcover and that he would not have to conform to the new construction rules, which included the 15 percent structural coverage limit. Dampier stated a year later he was told by Planner Gaffron that he exceeded the 15 percent and that he would not be allowed to proceed forward with construction. Dampier stated at the time he purchased the property, the house exceeded 15 percent. In May of 2000, a meeting was held with Oman and Gaffron, and Dampier stated he was told that he would probably have to replace the rest of the house given the condition of it and that he was requested to submit plans showing the replacement of those sections. Dampier stated at that meeting he drew a line on the deck showing the area that he would be constructing up to and he was told by Planner Gaffron that it would not be approved. Dampier stated Gaffron then drew a second line, which was a compromise. Gaffron was asked at that time whether he would be able to construct even with the front of the building and he was told that Planner Gaffron would recommend approval of the project if it was constructed as it was discussed. Dampier stated it was his understanding that they had agreed he could construct the bow on the house to the line drawn by Gaffron and that he started construction on Labor Day, 2001, after he was granted another building permit. Dampier stated at that point Lyle Oman did not say anything about the project. Dampier stated in April 2005, Oman granted him verbal permission to proceed with another portion of the project but he was later told in July that he would need to stop work. McMillan inquired whether there is a site plan with the resolution that was adopted in 2000. Gaffron stated there is a drawing that is part of the resolution. Murphy noted they do have the drawing included within their packets. PAGE 3 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 3 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (4. #06-3231 WILLIAM S. DAMPIER, 3550 IVY PLACE, Continued) White stated the applicant’s timeline matches with Lyle Oman’s timeline and that the issue appears to be the bump-out. White noted the building inspector states the plans did show a bump-out but that he was under a heavy work load and did not get back to the plans until August. Dampier stated it was his intent to remain at 40 percent hardcover. Dampier stated Planner Bottenberg was adamant that a one and a half story had to remain a one and a half story and that he could not go above what existed. Murphy asked the applicant what he feels is the issue today. Dampier stated the issue is whether he can add an additional 114 square feet for the bump-out and to maintain an existing cantilevered 23 inch by 30.2 foot lakeward extension. Gaffron stated the plans have been revised from 9 feet to 8.5 feet in order to meet the setback. Murphy asked if the total area would be 127 square feet. Turner stated the bow is 114 square feet and is illustrated on Exhibit F. White inquired whether the 23 inches was an oversight. Dampier stated in 2005, he depicted that area as beyond the foundation along with the bump-out, but by mid July he was told he could not construct the bump-out. Murphy asked where the cantilever is located. Dampier stated the first floor is 18 inches out and the second floor is 8 inches out. Gaffron illustrated the existing portions of the house and the area that the applicant is proposing to construct. McMillan stated in her view the bump-out was never really a part of the original plans and that it was added on in 2005 during the construction. McMillan stated she would be okay with allowing the existing cantilevered area and reconstructing the nonstructural deck. McMillan stated she does not see a justification for the bump-out. Dampier stated his great room overlooks two garages and a driveway and that it was constructed in that manner because he was ordered to construct it as a one-story. Dampier stated that area consists of 700 square feet and that he is only left with a small area that can be utilized as bedroom space. McMillan stated the great room is really not part of what is being discussed tonight and that she understands the construction of the great room does not allow much room for bedrooms and other living space. Dampier stated even with the bump-out, he would have less structural coverage than both of his neighbors and that he is willing to trade his deck for the bump-out. Dampier stated the 2000 permit allows him to build a 480 square foot deck. PAGE 4 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 4 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (4. #06-3231 WILLIAM S. DAMPIER, 3550 IVY PLACE, Continued) Turner stated the original deck was considered structural and was then revised and constructed in tiers so it would not be considered structural. Gaffron stated the bump-out was not part of the plans until 2005. Dampier stated revising the deck was initially denied and then later approved. Bremer stated she did recommend approval of this application in the fall when she was on the Planning Commission and that she felt at that time the City would be gaining two important concessions by approving the application. Bremer noted the applicant did reduce the size of the bump-out from what was originally proposed and that she was in favor of the application because it required abiding by the ten-foot side yard setback and resulted in a large reduction of the deck. Bremer pointed out this is a structure that hangs over a space, does not extend all the way to the ground, and would have the appearance of a covered porch. Bremer stated she was not aware of the issues with the building official at the time this was before the Planning Commission. Bremer commented that given his work load, it would be impossible for the building official to know exactly what the applicant was talking about with the cantilevered portion. Bremer stated the building official should not have said that he would be issuing a building permit in the near future and that the applicant could go ahead with the work. Bremer pointed out the applicant had done a considerable amount of construction previous to this and that he knew he should have waited until he received the building permit. Dampier stated in hindsight he regrets not waiting for the building permit but that he was anxious to get started on the project and went ahead once he received verbal permission from the building official in June. Murphy stated everything that is already under construction except the bump-out could be finished without the variance. Dampier stated he is in need of additional bedroom space, which is the reason for the bump-out. Murphy asked what would happen with the additional runoff if the bump-out were constructed. Gaffron stated to his understanding the revised deck and the bump-out would create less runoff than the original deck, but that he has not seen a revised drainage plan. Murphy inquired whether the bump-out would be better for runoff than the original deck. Gaffron stated it appears it would be. Murphy inquired whether the amount of structural coverage being requested is 114 square feet. Gaffron stated you would need to add 58 square feet for the cantilever to the 114 square feet for a total of 172 square feet. PAGE 5 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 5 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (4. #06-3231 WILLIAM S. DAMPIER, 3550 IVY PLACE, Continued) Turner stated the structural coverage on the lot would increase from 14.87 to 16.18 and the hardcover in the 75-250 foot zone would decrease from 48.9 percent to 45.1 percent. Murphy commented he is amazed the applicant can remember all these details but that he is troubled by the fact the applicant did not realize he should have waited until the building permit was issued. Murphy stated given the reduction in the overall square footage of the deck and the reduction in runoff, he would not be opposed to the bump-out. White commented there are other problems with this property and requested the applicant clean up the materials between his property and the neighbors as soon as possible as part of this application. Dampier stated he would clean it up. White inquired how long it would take to complete the construction. Dampier stated as soon as the excavator can dig out the area, he would start work on the project and that he should have the front of the house completed by mid July at the latest. Dampier stated the exterior should be completed by the fall. Murphy requested the project be completed by Labor Day. Moorse stated since there is a concern regarding the clean-up, he would suggest that the council make the clean-up a condition of approval. Moorse inquired what action the City could take if the property is not cleaned up. Dampier stated the only area that is messy is the area that is directly affected by the construction and that he would be willing to relocate the piles of materials if the neighbors complain about the mess. Bremer stated it is the responsibility of the building official to make sure that the property gets cleaned up and that she does not necessarily feel it needs to be a condition of approval in this motion. City Attorney Poehler stated the issuance of the building permit could be conditioned upon the property being cleaned up or requiring the applicant to provide the City with a cash escrow. Dampier stated he would be willing to provide an escrow if the City requires it. Murphy stated the clean-up should be completed by Memorial Day and the project on the outside should be completed by Labor Day. Murphy noted the bump-out can only extend out 8.5 feet. Gaffron stated there would be 23 inches allowed for the cantilever and then the bump-out at 8.5 feet, with no deck extending beyond the bump-out. Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution for Application #06-3231, William S. Dampier, 3550 Ivy Place, with the condition the property is cleaned up by Memorial Day and on the condition the exterior of the project is completed by Labor Day. VOTE: Ayes 3, Nays 1, McMillan Opposed. PAGE 6 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 6 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ 5. #06-3240 CITY OF ORONO ZONING CODE SECTION 78-1 – DEFINITIONS OF “BASEMENT” AND “STORY” – CODE AMENDMENT - ORDINANCE NO. 37, THIRD SERIES Gaffron stated the Planning Commission approved this proposed amendment on a vote of 6-0 on October 16, 2006. Council reviewed this briefly at the Council meeting of November 12th, and heard comments by Loren Schoenzeit about how the amendment would have negative impacts on the buildability of lots given that our hardcover and lot coverage ordinances force homes to get higher and not wider. Council tabled the amendment, with Staff requesting that this be resolved within 60 days due to its impact on pending permit/variance applications. Council reviewed this again at its work session on January 17 and determined that the amendment should move forward as proposed. The determination whether the lowest level of a building is a story or a basement is based on how much of the foundation is below existing natural grade. The zoning code does not define story and the definition of basement relies on ambiguous or undefined terms. The City has also been relying to some extent on Building Code definitions which are in conflict with certain premises of the City’s ordinances. Staff has been using a “functional definition” that is not written anywhere and has some flaws. This unwritten definition has caused some confusion among architects and builders. Currently Staff is using the “functional definition” that the lower portion of a building is considered as a basement (and not a story) when at least 50 percent of the lowest portion’s perimeter is covered (by pre- existing grade, not filled finished grade) to a height of at least six feet above the lower floor (i.e., we measure up from the lowest floor). The perimeter of the lower level does not include portions of the house or garage that do not have a lower level but are merely “unexcavated.” Staff is recommending that the existing code definitions of basement and ground level be deleted, and the following code revisions be adopted: 1. “Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A story that meets the definition of a basement shall be considered as a basement and not as a story for purposes of determining the number of stories in a building.” Murphy inquired whether it would still functionally be a basement under what is proposed. Gaffron stated if more than 60 percent of it is exposed more than six feet, it might function as a basement but would be considered a story. Murphy inquired what would happen if the City defines it as a story but the developer states he still requires a basement. Gaffron stated it would be considered a functional basement and would be a story by definition. Gaffron stated the structure is limited to two and a half stories. Murphy stated the net effect is to eliminate the three and four level walkout structures. PAGE 7 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 7 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #06-3240 CITY OF ORONO ZONING CODE SECTION 78-1 – DEFINITIONS OF “BASEMENT” AND “STORY”, Continued) Gaffron stated the net effect would be the difference of one or two feet in a person’s perception of the height of the building. Gaffron indicated the amendment would result in a consistent way of measuring and would be more in compliance with the Building Code. Gaffron recommended the following definition for basement be adopted: “Basement. That portion of a building that is partly or completely below the existing ground level. A basement shall be considered as a story for purposes of determining the number of stories in a building, when the finished surface of the floor above the basement is more than six feet above the existing ground level for more than 50 percent of the basement’s perimeter. The perimeter of the basement does not include potions of the house or garage that do not have a lower level but are merely unexcavated. Artificially raising the grade adjacent to the foundation of a structure (by filling or by a combination of filling and retaining walls) above the surrounding natural terrain shall not be allowed as a method for converting a defined story to a defined basement, regardless of any other benefits to the property of such action. Finished grade that increases more than one foot from existing ground level shall be considered as artificially raising the grade. However, artificially raising the grade when such action merely restores a previously excavated site to its original natural grade may be used as a method for converted a defined story to a defined basement. Gaffron further recommended the Council adopt the following definition of existing ground level: “The elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the existing grade of a vacant lot.” Bremer asked why the word natural is used instead of existing. Gaffron stated there are instances where the natural grade is higher or lower and at some point has been artificially changed. Bremer inquired how the natural grade would be determined. Gaffron stated the natural grade may be different from existing grade. Gaffron stated essentially a line would be drawn from one side of the property to the other side of the property and that would be considered the natural grade. Loren Schoenzeit, 4484 Forest Lake Landing, stated he would like to review some of the ramifications of the proposed amendment. Schoenzeit stated in his opinion these new definitions would create the need for more variance requests and would result in additional work for the staff, planning department, and city council. Schoenzeit inquired what would happen to the typical, small house on a nonconforming lot which consists of 2250 square feet, including deck and garage. Schoenzeit stated under the new definitions, if only two stories are allowed, the basement could be eliminated, which would eliminate some necessary living space. Schoenzeit suggested options for a house that is less than 2250 square feet would be, one, to allow them to build to 20 percent structural hardcover; two, allow them have three floors; and three, require that only 35 percent of the basement perimeter meet the new definitions. Schoenzeit stated he would like to work with the Council to discuss the ramifications to some of these smaller houses. PAGE 8 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 8 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #06-3240 CITY OF ORONO ZONING CODE SECTION 78-1 – DEFINITIONS OF “BASEMENT” AND “STORY”, Continued) White concurred that given the size of a smaller house, no more than two bedrooms are possible on the first floor and that it is likely there would be some bedroom space in the basement. White stated the question becomes whether that would be a hardship. Turner stated under the new definition, more of the basement could be exposed with bigger windows installed. Turner indicated under the old definition, a house with a split foyer would be considered a two- story house but under the new definitions it would not be considered a two-story house. Rahn stated typically ramblers are not constructed nowadays and that usually homes that are constructed today are a story and a half or two stories. Murphy recommended the Council approve the amendment and that Staff look at Mr. Schoenzeit’s presentation and come up with different scenarios that the City could be faced with. McMillan inquired what type of variances are expected would result with the amendment. Gaffron stated in his view there would be fewer variance requests and would result in plans being designed to better meet the City’s standards. Gaffron stated the issue with the old definitions has been that the planning staff has dealt with various architects that have a different definition for a story and a basement and that the new definitions would make the City’s standards clearer. Gaffron noted there are some applications pending that have been delayed that are awaiting action on this amendment. White stated he would like to take some action on the amendment tonight given the impact this has on some pending applications and then work on the inequities in the amendment at a later time. White stated the Council would also be dealing with some new language regarding massing on lots. Schoenzeit noted the City of Orono probably has the strictest rules regarding construction and suggested the City look at some leeway to allow for the construction of a larger house. Murphy stated the City is attempting to prevent the construction of large homes on small lots and that he does not feel there needs to be more leeway. Schoenzeit stated given the amount of money being paid for some of these lots, a person should have the right to a reasonable sized house. McMillan stated every lot has some limitations and that those limits have to be taken into consideration when constructing a house. McMillan stated it is difficult to tell applicants that they have to comply with certain standards but that the City attempts to apply the regulations in a fair and equitable manner. Schoenzeit stated there also are no provisions for corrections of grade. Murphy stated the Council would take those items into consideration when they arise and that he is in favor of proceeding forward with approval of the amendment. McMillan commented in her view this amendment helps to close a loophole that allows people to construct a walkout with two additional stories. PAGE 9 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 9 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #06-3240 CITY OF ORONO ZONING CODE SECTION 78-1 – DEFINITIONS OF “BASEMENT” AND “STORY”, Continued) White thanked Mr. Schoenzeit for providing his input and that the Council and Staff would take his suggestions into consideration. Schoenzeit commended the Staff on the City’s website. Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 37, Third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending Section 78-1: Definitions Related to Determinations of Basements and Stories. VOTE: Ayes 4, Nays 0. *6. #06-3242 YUNKER ASSOCIATES ON BEHALF OF DAVID AND BETSY WYERHAEUSER, 1540 FOX STREET – CONDITIONAL USE PERMIT – RESOLUTION NO. 5575 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5575, a Resolution granting a conditional use permit for the property located at 1540 Fox Street. VOTE: Ayes 4, Nays 0. *7. #07-3253 JENNIFER AND CHARLIE COGBILL, 1590 LONG LAKE BOULEVARD – VARIANCE – RESOLUTION NO. 5576 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5576, a Resolution granting a side-yard setback variance for the property located at 1590 Long Lake Boulevard. VOTE: Ayes 4, Nays 0. 8. #07-3260 ROGER O’SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCE Susan Steinwall, Attorney-at-Law, appeared on behalf of Roger O’Shaughnessy. Murphy inquired what impact this application would have on County Road 6. Gaffron stated if Council approves the application, Staff would prepare findings that would set forth that this property is a unique situation and that the fence is very opaque and of a light color. Gaffron stated the City’s fence ordinance can be interpreted differently and that perhaps the language should be amended slightly in the future. McMillan noted this is a lakeshore lot, which helps make it a unique situation. Bremer inquired whether any of the fence is located within the 75 foot setback. Gaffron stated the fence does not extend into the 75-foot setback. Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution for Application #07-3260, Roger O’Shaughnessy, 1265 Bracketts Point Road, based on the findings that this is a lakeshore lot abutting a major thoroughfare, the fence is less than 25 percent opaque, is five feet tall rather than the allowed six feet, and has adequate landscaping or screening around the fence. PAGE 10 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 10 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (8. #07-3260 ROGER O’SHAUGHNESSY, 1265 BRACKETTS POINT ROAD, Continued) Bremer commented the City has had to deal with fence issues for a number of years and that the language should perhaps be reviewed. Gaffron noted the City has made a number of changes to the fence ordinance over the years and that it is conceivable the language was misinterpreted given the fact that this is a lot that abuts a major thoroughfare and is also a lakeshore lot. Gaffron stated in his view a variance is the best way to handle this situation at the present time. McMillan stated perhaps the City should look at revising the language regarding the height of fences and that three and a half feet might not be sufficient. Bremer stated she personally would not have approved the variance application prior to the fence being erected but that she would not require it to be removed. Susan Steinwall stated Mr. O’Shaughnessy was before the City with a number of variance requests at the time the property was developed and that it was not his intent to be in a position where he would have to ask for an after-the-fact variance. Bremer stated she would vote in favor of the after-the-fact variance because there is some ambiguity in the City’s fence code. VOTE: Ayes 4, Nays 0. (Council recessed at 8:47 p.m. in order to convene the HRA meeting). 8:00 P.M. – HRA ANNUAL MEETING (Council recessed at 8:47 p.m. in order to convene the HRA meeting). (Council reconvened at 8:55 p.m.) MAYOR/COUNCIL REPORT McMillan inquired whether any parties are going to be held for the employees who are retiring. Moorse stated Steve Hansen was given a card and a gift certificate to a restaurant and that he would check on arrangements for Mark Tomczyk. McMillan stated she attended the LCMD Save the Lake dinner and that Gabriel Jabbour gave a great speech on preserving our natural resources and Big Island. McMillan stated the event was well attended. Murphy stated he visited Big Island last week with Gabriel Jabbour and that there is a considerable amount of snowmobile traffic on the island, which would be difficult to stop. Murphy stated it was suggested that some barrier protecting of the buildings be erected in the future during the wintertime. Murphy commented they are attempting to get the steamship, the Minnehaha, to dock at Big Island and that the biggest issue is what type of dock could be constructed to accommodate the steamship. Murphy indicated the issue with a permanent dock is the shifting ice and that one option would be to install casings that timbers could be dropped in each spring and then removed in the winter. Murphy stated a PAGE 11 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 11 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (8. #07-3260 ROGER O’SHAUGHNESSY, 1265 BRACKETTS POINT ROAD, Continued) floating dock would need to be configured in such a way that the boat could pull up next to the dock and not pull the dock out. Bremer stated one of the things that concern her when she sees a number of resignations is the competitiveness of the City to retain employees. Bremer suggested there be different types of bonuses or other pay programs in place to help retain key employees. Moorse stated it is time for the City to look at their compensation program and that they would be updating their market information and bringing that information to the Council in the future. CITY ENGINEER’S REPORT None CITY ADMINISTRATOR’S REPORT *9. SUPPORT CDBG FUNDING TO WESTERN COMMUNITIES ACTION NETWORK Murphy moved, McMillan seconded, to approve sending a letter of support for the CDBG grant application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0. 10. AUTHORIZATION TO SUBMIT A TRANSIT-ORIENTED DEVELOPMENT GRANT APPLICATION Murphy moved, White seconded, to remove this item from the Agenda. VOTE: Ayes 4, Nays 0. *11. DISPOSAL OF USED SCBA GEAR Murphy moved, McMillan seconded, to authorize the disposal of the original Navarre Fire Station SCBA gear. VOTE: Ayes 4, Nays 0. *12. ACCEPT RESIGNATION/RETIREMENT OF PUBLIC WORKS MAINTENANCE WORKER STEVE HANSEN Murphy moved, McMillan seconded, to accept the resignation/retirement of Steve Hansen effective February 1, 2007. VOTE: Ayes 4, Nays 0. *13. ACCEPT RESIGNATION/RETIRMENT OF POLICE OFFICER MARK TOMCZYK Murphy moved, McMillan seconded, to accept the resignation of Officer Mark Tomczyk effective February 24, 2007. VOTE: Ayes 4, Nays 0. *14. REQUEST TO HIRE FT POLICE OFFICER STEVEN STURM Murphy moved, McMillan seconded, to hire Steven Sturm as a full-time police officer beginning 02/12/07 at the beginning pay rate of $21.07. VOTE: Ayes 4, Nays 0. PAGE 12 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 12 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ 16. SCHEDULE COUNCIL CANDIDATE INTERVIEWS It was the consensus of the Council to schedule two council candidate interviews to begin at 6:00 p.m. on Monday, February 26, and two interviews to begin at 6:00 p.m. on Tuesday, February 27. *17. LIQUIDATION OF OLD SQUAD CARS Murphy moved, McMillan seconded, to approve the sale of three 2005 Crown Victoria squad cars by a sealed bid process with a minimum bid of $4,200. If the minimum bid is not met, to liquidate them through the Minneapolis Auto Auction. VOTE: Ayes 4, Nays 0. *18. LIQUIDATION OF EQUIPMENT Murphy moved, McMillan seconded, to approve the sale of three Whalen Edge 9000 lightbars, three Kustom Trooper and one Kustom Pro-1000 radar through the Soderholm Auction/K-Bid.com service. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None LICENSES RESIDENTIAL KENNEL LICENSE 1. Rebecca Field 1729 North Farm Road 2. Jerad & Leslie Hahn 809 Brown Road North 3. Steve Johnston 2335 Shadowood Drive 4. Jane Kline & Steve Bell 4455 West Branch Road 5. Marty & Bridgett Paradise 825 Brown Road South 6. Gayle Talbot 80 Luce Line Ridge ANNUAL LIQUOR LICENSES 7. Club on Sale and Sunday Liquor Spring Hill Golf Club Tom Dalum 725 Sixth Avenue North PAGE 13 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 13 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ TOBACCO LICENSES 8. Narrows Saloon James Anderst 3380 Shoreline Drive 9. Orono Petro, Inc. Thomas Miller 2160 Wayzata Boulevard West Murphy moved, McMillan seconded, to approve the above licenses. VOTE: Ayes 4, Nay 0. *20. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 9:14 p.m. VOTE: Ayes 4, Nays 0. There being no further business to discuss, the meeting was adjourned at 9:14 p.m. ATTEST: ____________________________________ _______________________________________ Linda S. Vee, City Clerk James M. 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