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HomeMy WebLinkAbout02-26-1990 Council Minutest • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 26, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Acting Mayor. Callahan, Councilmembers Nettles, Goetten and Peterson. Mayor. Grabek was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director. Gerhar.dson, Assistant Planning and Zoning Administrator. Gaffron, City Attorney Barrett, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* Councilmember Peterson requested that item #25 be removed, Councilmember Nettles asked to have item #24 r- emoved, and City Administrator Bernhardson asked to have item #19 removed. It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to approve the Consent Agenda, with the exception of items #19, #24 and #25, which were removed and discussed in the order appearing on the agenda. Motion, Ayes -4, Nays -0, Motion passed. APPPROVAL OF MINUTES* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to approve the Minutes of the February 12, 1990 Regular Council Meeting. Motion, Ayes -4, Nays -0, Motion passed. PARR COMMISSION COMMENTS PARR DEDICATION FEES Phil Bradley, Dick Flint, Jim Gilbert and Alex Vongries were present. Mr. Bradley said that the Park Commission has been preparing the proposal for changing the Park Dedication fee for over a year. He pointed out that Orono currently has 13 parcels of park land in Orono ranging in size from 1 /5th of an acre to 12 acres. The proposed bike /hike trail is estimated to be 20 miles in length when fully developed and would connect with the Luce Line Trail, Baker Park, Noerenberg Park. It would also connect with the communities of Plymouth and Tonka Bay, etc. The present fee schedule that has been used since 1975 generated $186,000 from 1975 to 1988. The expenditures from that fund for capital improvements, land acquisitions and a debt return amounted to $188,000. The current balance is $143,000 which represents interest accumulated on the funds. . Mr. Bradley responded to the Council's request for future funding needs and projected spending. Bradley said that the estimated cost for the bike /hike trail will be $1.00 per s.f., or $31,000 per mile, plus any land acquisition. If the trail is 20 miles, the cost will be $620,000. The cost for installing a 1 1 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 single tennis court is $17,000. Four or five pieces of • playground equipment would cost approximately $7,000. He said that the present fee schedule is not generating anywhere near the money needed to do a decent job with the parks. Mr. Flint said that there is no need to raise money unless there is a purpose for the funds. He said that the Orono Park Program has been run on a "lick and a promise" in the past. He said there is not much of a park program in Orono and that most residents are not aware of the location of the parks. He said that due to the regional recreational sources and the open, undeveloped nature Orono had in the past, parks were not as important as they are becomming today. He said that the Park Commission feels it is important to lay the groundwork for the future. One way to do that will be to impose a realistic Park Fee for subdivisions while subdivisions are prevalent. Secondly, Mr. Flint suggested that a consultant be hired to work with the Council and Park Commission to prepare a Comprehensive Park Plan for Orono. He said that Plymouth prepared a Comprehensive Park Plan 10 years ago at a cost of $31,000. Mr. Flint reiterated that the cost of the bike /hike trail will be $620,000 if constructed with bituminous at a 6' width. Councilmember Nettles asked what the cost would be if gravel were used rather than blacktop. Mr. Flint said the cost would be cut approximately in half if ag -lime were used. He said that the Park Commission is going to try to minimize the cost of the trail by using other materials and piggy- backing on other road construction projects that may occur in Orono. He cited an example where the City is installing a shoulder along East Long Lake Road and the Park Commission is going to put in some ag -lime for a bike /hike trail in that area. Mr. Flint said that the Council had asked the Park Commission to show that there is a need for an increase in fees. Flint noted that the $620,000 needed for the bike /hike trail would be twice the amount of Park Commission revenues generated in the last 13 years. He said that placing 10 tennis courts at the school would cost $300,000. He said that the intent of increasing the Park Dedication Fee was to bring Orono more in conformance with other communities. He said that a survey of other communities indicated that Park Fees are 7% to 10% of the fair market value of the property being subdivided. The majority of the communities in the survey charged on the high side of that range. Mr. Flint said that there had been discussion regarding phasing the increase in gradually. He said that the majority of the Park Commission felt that the proper fee should be • established and used immediately. The Park Commission anticipated that major development would be occurring now. W d . MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 • Mr. Flint said that the Park Commission took into account the concerns raised by Council regarding the increase in the Park Dedication Fee, and is recommending the following: 1. That the proposed ordinance that accompanied their November report be adopted as soon as possible. 2. That the percentage utilized in that fee schedule be 8% of the fair market value of the land. 3. That City Ordinance #1252 be amended as set forth on Exhibit "B" of the Park Commission Report to provide that Park Dedication Fees can be utilized for trails or open space as well as public parks, playgrounds and surface water holding areas. Acting Mayor Callahan asked what amount of fees the Park Commission anticipates it will generate in 1990? Mr. Flint replied that it is difficult to estimate because the amount of development that will occur is unknown. Bernhardson noted that last year there were approximately 45 lots subdivided. • Councilmember Nettles asked when construction of the trail system would begin? Mr. Flint replied that the planning process should be done first and could be done this year. The construction would not begin until next year. There is a possibility that parts of the project could begin earlier. Public Works Director Gerhardson said that a determination must be made of where the project will begin and how much funds are available to begin. He estimated it would be at least two years. Councilmember Goetten said that she had attended the Park Commission Meeting when this matter was discussed. She said the City needs to get started on this before all the land is subdivided. Goetten believed that bike /hike trails would be beneficial to a community such as Orono. Goetten indicated that she is concerned that scheduling the Public Hearing for March 12th may not allow enough notice. Bernhardson replied that the March 12 date was tentative and could be rescheduled. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to schedule a Public Hearing for March 26, • 1990 for the purpose of increasing the Park Dedication Fee. Bernhardson suggested that an indication be made as to what the increase will be. Goetten agreed with the Park Commission recommendation of 8 %. Callahan thought it best to indicate 8% to 10% rather than stating a specific percentage. Motion, Ayes -4, 3 i MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Nays -0, Motion passed. • SET PUBLIC HEARING DATE It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to schedule the Public Hearing for March 26, 1990. Motion, Ayes -4, Nays -0, Motion passed. BEDERWOOD BASEBALL FIELD LITTLE LEAGUE Mr. Gary Larson of the Orono Baseball Association was present for this matter. Bernhardson explained that the Little League Association has approached the City and requested that a regulation little league ball diamond be constructed at Bederwood Park. The Little League Association would only use the field temporarily as they are currently discussing the future use of school property with the School Board. Public Works Director Gerhardson informed the Council that the proposal is for dug outs, fencing, and construction of a concession stand and press box. The entire project would be done at the expense of the Little League Association. The Park Commission approved the project with a 4 -1 vote. Acting Mayor Callahan asked who would be responsible for the • activities. Gerhardson replied that the Little League Association would be responsible for the program. Councilmember Goetten said that it was her understanding that the Park Commission expressed concerns about the concession stand being abandoned. Gerhardson said that the original intent was to put in something temporary. However, the Park Commission preferred to have a permanent structure constructed. The structure would become property of Orono when the Little League Association no longer requires its use. Councilmember Peterson asked where the press box is going to be located? Gerhardson replied that it will be located adjacent to the concession stand. The original proposal was for a two story concession stand /press box. However, due to the topography of the ball diamond, it was suggested that the buildings be side by side. Mr. Weldon Dunn, 40 Stubbs Bay Road, indicated that he did not think Bederwood Park was an appropriate place for a little • league facility. He said that there will be a traffic problem on Stubbs Bay Road. He also objected to the p.a. system proposed. He asked the Park Commission why they would vote favorably to allow one association to monopolize use of the baseball field. 4 • MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Park Commissioner Jim Gilbert said that he voted in favor of this proposal because it was his understanding that Bederwood Park was acquired for the purpose of establishing a baseball diamond such as this. He said that the results of the Park Survey indicate that Bederwood Park is used very little. Gilbert said that there are several hundred children that would use the field. Mr. Larson said that there would be approximately 250 boys playing Little League. Mr. Larson said that the field would be available for Public use all but weekday afternoons and evenings. Mr. Scott Stien, 3575 Christine Drive, said that there is not very much parking available at Bederwood Park. He said when there is a soccer game at the Park, people are parking sideways on Stubbs Bay Road. He also indicated that he opposed the p.a. system. Acting Mayor Callahan asked how the Park is currently being utilized? Mr. Stien replied that it is used regularly for soccer, softball, picnicing, etc. He said that the baseball diamond is • probably under utilized but the Park is used. Ms. Sherokee Ilse, 3630 Eileen Street, said that she did not complete the Park Survey, but is a frequent user of the Park. She said that the equipment at Bederwood Park is not conducive to much activity. She and her two sons use the park for kite flying, frisbee and bike riding. She said that she was concerned about the Baseball Association having exclusive use of the baseball diamond. She said after school on weekdays is when her children use the Park the most. She also said that a neighbor of hers has four girls and feels that this is a male only activity and closes off unorganized activities in which her girls might participate. Ms. Ilse indicated that she also had concerns regarding parking. Mr. David Ilse, 3630 Eileen Street, said that he was not sure of what exactly is being proposed. Mr. Larson said that the proposal is for a chain link fence to be placed around the field. A dug out would be constructed down each base line. The concession /press box building will be 24' x 10' and located behind home plate. Sod will be placed on the infield. Mr. Stien asked whether this proposal would have an impact on the area used for soccer? • Mr. Larson said that the fence would be placed such that soccer could not be played in the area now used. Mr. Larson noted that the baseball diamond does not cover the entire Park and there is other space available for other activities. I MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Mr. Stien said that the fence will limit the use of the field. Ms. Ilse said that there is also a problem with the children that come to watch the games getting bored and using the equipment. She said that it makes the Park too crowded. Park Commissioner Flint said that he is not sure that Bederwood Park is the best place for Little League. He said that Mr. Larson has indicated that they will use Bederwood for two or three years and then move to the school. He said that the school area is much more suitable for this use. Mr. Flint said that he voted against this proposal because he was concerned about the impact on the neighborhood. He said that concession stands can be an attactive nuisance. Mr. Dunn said that a baseball game is played at least once a week. Ms. Ilse asked for an estimate of how many cars will be in the area for the games? Mr. Larson said that from observing games over the last three years, the parking that exists for Bederwood Park should be adequate. Councilmember Goetten said that she too is concerned with the aspect of exclusivity and the parking situation. Goetten asked Gerhardson if he agreed with the neighbors that the Park is used more than the Park Survey indicated. Gerhardson replied that the ball diamond portion of the Park is not used very much. Goetten said that she did not think there would be enough room to do everything proposed for the ball diamond. She indicated that the p.a. system was another concern. Goetten said that she understands the need for the ball diamond, but is concerned about the impact on the neighborhood. Councilmember Nettles agreed with Goetten. He said that he was an assistant coach in Little League last summer and it is a good program for boys and girls. However, he was concerned about the location of this program in relation to the residential area. He agreed that the school area would be much more suitable. He did not understand why public use would be prohibited starting at 2:00 p.m. when most of the parents involved with Little League are not home from work until 5:00 or 6:00. Nettles said that he favored the use of private monies for such programs, but not if it is going to limit public use of public areas. Nettles said that he would like the Park Commission to take a more indepth look at the issues involved with this proposal. Nettles thought that Mr. Larson was underestimating the number of cars that would be generated. 6 • • is n U MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Councilmember Peterson noted that Hackberry Park is located in a residential area and is used constantly for T -Ball, soccer, etc. Mr. Larson said that he is not proposing to put in any lights. He said that the loud speaker system will not be very elaborate, and is not essential, though most Little League fields have such a system. Mr. Larson explained that Orono has been a part of the Mound Little League system for the last three years. Mound has the charter and needed outside help when the number of participants was down. Since that time, the number of participants has increased and Mound has informed Orono that last year was the last year they could play with them. Mr. Larson said that Orono is the process of getting its own Little League Charter. He said that they have the number of children necessary to do that, but having a charter dictates that the organization must have a field. He said they do not have a place to play as of June. He said that the use of Bederwood Park would only be temporary until the property across from the school is developed. Mr. Larson said that it is more than likely teams from the Orono Association that the neighbors are observing at the Bederwood Park ball diamond. He said that the coaches that are aware of the Park use it for practice. Mr. Larson said that "T" ball •attracts more of a crowd than Little League. Acting Mayor Callahan said that he is not in a position to vote on this matter this evening. It seemed to him that the neighborhood did not receive adequate notice about the proposal. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to set this matter over until the March 26, 1990 Meeting and that between now and then that the Park Commission give further consideration to this matter and report back to Council with that information. Councilmember Goetten suggested that the neighbors may wish to meet with Mr. Larson. Mr. Ilse indicated that would not be necessary because this issue involved the entire Community, not just his neighborhood. Callahan suggested including information regarding this proposal in the City's newsletter. Motion, Ayes -4, Nays -0, Motion passed. PUBLIC COMMENTS There were no comments from the Public. ZONING ADMINISTRATOR'S REPORT: #1366 LOREN BUTTERFIELD 3925 WATERTOWN ROAD EXTENSION OF PRELIMINARY PLAT APPROVAL EXPIRATION DATE • RESOLUTION #2760* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to adopt Resolution #2760 granting a one year extension to the effective period of preliminary plat approval granted to Loren Butterfield at 3925 Watertown Road via 7 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Resolution #2610 on March 27, 1989. Motion, Ayes -4, Nays -0, • Motion passed. #1458 BLARE BICHANICH 332 WESTLAKE STREET VARIANCE RESOLUTION #2763 Mr. Bichanich was present for the review of this application. City Administrator Bernhardson explained that this application was tabled in October to allow the City and the applicant to enter into an agreement regarding the future expansion of the septic system on Mr. Bichanich's property. Gaffron said that the resolution requires that Mr. Bichanich execute an assessment appeal waiver form before the resolution is in effect. Gaffron said that he also looked at possible options for expanding the septic system should that be necessary prior to sewer availability. Acting Mayor Callahan asked what circumstances would evolve if the applicant defaulted on either of the contract for deeds after the addition to the house is constructed? Gaffron replied that such an occurence would limit the • options available for expanding the system. Bernhardson noted that if the options were not available a, holding tank could be installed. Acting Mayor Callahan questioned whether it would be possible to upgrade the existing cabin -like structure on the other lot? Gaffron said that variances would be required before that structure could be upgraded to a livable state. Councilmember Goetten understood that it was the applicant's intention to combine these lots, but the current financial situation would not allow that. Councilmember Nettles questioned whether the lot combination should be a condition of approval. Callahan said that the parcels are being purchased on contracts for deed and the lot combination cannot be done until both are paid in full. Callahan suggested that it be required that when the contracts are paid, a lot combination be done. It was moved by Councilmember Nettles, seconded by Acting • Mayor Callahan, to approve the side setback variance with the condition that at such time that the contracts for deed are paid that a lot combination be done. Gaffron asked how staff will monitor the paying off of the contracts for deed? Callahan asked 0 MINUTES OF ORONO COUNCIL MEETING OF- FEBRUARY 26, 1990 Mr. Bichanich when the contracts will be paid in full? Mr. Bichanich replied that one contract will be paid in April, the other in 5 years. Gaffron suggested placing that information in the City's tickler file. Peterson asked whether Mr. Bichanich would be assessed for two sewer units when available? Gaffron said that issue has not been addressed. Gaffron suggested that it be indicated that the lot with the principal structure would be assigned a unit, the other lot would not. He said that would be a tool to encourage that the lots be combined. He said, however, if someone attempts to build on the other lot, they should be charged for a sewer unit. Councilmember Nettles amended his motion to address that issue in the resolution, Acting Mayor Callahan seconded. Motion, Ayes -4, Nays -0, Motion passed. #1470 DAN & RUTH PARTEN 4300 BAYSIDE ROAD SUBDIVISION Mr. Parten was present for this matter. City Administrator Bernhardson provided a brief history and explanation of this application. Bernhardson said that he had met with Mr. Parten today to discuss his objectives and options. An issue that concerns Mr. Parten is the point at which the "private driveway" would be upgraded with hard surface. He and • Mr. Parten discussed the long term goal being the possible future need for a north /south road. There could, perhaps be a delay of upgrading the private road until such time that a third lot were to develop or a permanent public road to the south is completed. Mr. Parten has indicated that he would like to proceed with the Planning Commission's recommendation. Gaffron reviewed the Planning Commission's recommendations. Gaffron said that the north /south driveway access is being configured as shown because the Planning Commission did not want Lot 2 to be a flag lot. Councilmember Goetten asked Gaffron where the 50' road corridor referred to in his memo would be located. Gaffron said that based on the discussion at the previous Council meeting, the City may wish to have a corridor extending north along the east property line to provide internal circulation. Gaffron said if it is the intent of the City to provide access to the northern properties, that corridor could be extended further north. Goetten asked whether Mr. Parten would have adequate land for three 5 -acre lots if the 50' corridor is included in the plat? • Gaffron replied that if both the 50' outlots along the east boundary and a 50' outlot along the existing driveway are included it would have an impact on the amount of dry buildable land available. MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Bernhardson said that it is because of that possibility that • the City is suggesting that Mr. Parten proceed with a PRD. Mr. Parten advised that he had not received staff's recent memo pertaining to the 50' corridor along the east property line. Acting Mayor Callahan suggested tabling this application to allow Mr. Parten an opportunity to review the most recent information. Mr. Parten said that he would like the opportunity to address the Council. He pointed out that he is not creating a new lot, he is only proposing a lot line rearrangement. He said that there is only one logical building site on the Reiersgord property to the east. He said that placing the corridor against the east lot line would crowd that building site. He said that moving the outlot over 41' would provide more room. Mr. Parten also said that the topography near the lot line is steep and there are many mature trees existing. Mr. Parten said that it is not his responsibility to provide access to people that already have satisfactory access. Bernhardson noted that the Planning Commission did not recommend that the City take any underlying utility and road easements for the 20' north /south outlot. Acting Mayor Callahan asked why the City is not asking for • more of a dedication than 20' and why the normal easements are not being dedicated? Gaffron said that the Planning Commission recommended that a narrow outlot be used to serve Lot 2 because they wanted to avoid creating a flag lot and the need for a lot width variance. Acting Mayor Callahan indicated that it may be more favorable to grant a variance than to have to condemn land at a future date. Councilmember Nettles asked if there wouldn't be a need to upgrade the north /south access once three lots are developed? Bernhardson said that ownership of Lot 2 may change and there may not be land in Lot 1 to accommodate a road. Bernhardson said that currently Mr. Reiersgord has an easement across the south property line of Lot 1 to access his property, which brings a third lot into consideration. Bernhardson said that City is recommending that Mr. Parten proceed with a 3 -lot PRD subdivision with a substantial access to the north. However, Mr. Parten has indicated that he would prefer to proceed as the Planning Commission recommended. Acting Mayor Callahan said that because underlying road • easements may exist, does not mean that a 50' road will be immediately constructed. 10 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 • Mr. Parten said that it is disadvantageous to have the prospect of a city street running through this heavily wooded area with the wetlands and Luce Line Trail. He said that the term "internal circulation" is an excessive term to describe three houses on a driveway. Acting Mayor Callahan said that it is likely that at some point in the future, the 5 -acre zone will be reduced to 2 -acre or 1 -acre. The City has to look ahead. Mr. Parten said that the future zoning of that property does not concern him and the issues involving access would be dealt with at the time the property is rezoned. Councilmember Goetten said that the City has just started to consider a transportation plan for that area. _She asked whether the City is sure that this is where a road should be placed? Callahan said that the City is not sure from an overall transportation plan that this is where a road should be placed. However, there are properties to the north of Mr. Parten's property and Mr. Parten's property itself may be further subdivided. Callahan said that due to the topography of the land, the location being proposed for the road is the best • location. Bernhardson said that Mr. Parten initially proposed a 3 -lot subdivision that had a 50' outlot coming up from the south proceeding along the south property line toward the east and then proceeding north and west. Bernhardson said that he had talked with Mr. Parten regarding a variation of the initial proposal that would accomplish what Callahan had indicated he would like to achieve. Mr. Parten said that the property owners to the north of his property had indicated that they did not want him to put a road in as he first proposed. He said that the Planning Commission had recommended that he go back to the beginning and come up with another proposal. He said that now his proposal only involves a lot line rearrangement and he is not creating any new lots. Councilmember Goetten informed Mr. Parten that proceeding with a PRD would allow him more options. Nettles observed that due to the proposed driveway being 41' into Mr. Parten's property, the property needed to upgrade the driveway to a public road would come entirely from Mr. Parten's property. Mr. Parten said that due to the fact he had not received the • recent information from the staff, he would request that the Council table this matter. Acting Mayor Callahan informed Mr. Parten that when this matter is heard again that he will recommend that there be a 50' 11 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 outlot rather than 20' and that there be underlying easements. • Councilmember Nettles agreed with Callahan. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to table this application to the March 12, 1990 Council Meeting. Motion, Ayes -4, Nays -0, Motion passed. #1486 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET PRELIMINARY SUBDIVISION RESOLUTION # Ms. Nina Wildman was present for this matter, as was Mr. Mark Gronberg, the Surveyor /Engineer for Ms. Wildman. Bernhardson reviewed the information involved with this application and noted that the Planning Commission had recommended denial. Mabusth briefly noted that there had been opposition to this proposal expressed by the adjacent property owners. Mr. Gronberg said that Lot 7, Block 2 is very conducive to a tennis court because of the shape. He said that there has been much interest in tennis courts expressed by future lot owners. Gronberg said that more than likely a tennis court will be • constructed on that lot whether it is done by the developer of the individual that purchases the lot. He said that there would be more control exercised if the developer constructed the court. Mr. Gronberg noted that the tennis court meets all of the required setbacks. He also said that there will be nothing to restrict the construction of tennis courts on other lots, but having this court available to the residents of the subdivision would probably discourage individual courts. Acting Mayor Callahan asked what the use of Lot 7 will be if not used for a tennis court? Ms. Wildman replied that it would available for building. It disturbed Councilmember Goetten that the subdivision had already been approved and this request was being presented after the fact. Goetten believed that it should be the responsibility of individual property owners to build their own tennis courts. She said that it is not in keeping with this area to have a tennis court located at the entrance of the subdivision. Goetten had attended the Planning Commission meeting when this was discussed many of the neighbors were very opposed to this propsal. Ms. Wildman said that the reason she was coming back with this request was because she had been approached by an interested • party wishing to buy Lot 7 and install a tennis court. She thought that it may be best to put the tennis court in herself because it is at the entry to the subdivision. She said that she 12 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 • could properly landscape it to make it more aesthetically pleasing. Acting Mayor Callahan said that the neighbors had felt that a private tennis court would have less use than one available for the entire development. Mr. George Stickney said that there is a wide range of costs involved with the construction of tennis courts. He said that an individual homeowner may not spend the money to make the court visually appealing. He also said that the aspect of future maintenance of the tennis court should be considered. Bernhardson suggested that the developer may wish to consider placing restrictions on the construction of individual tennis courts on certain lots. He asked Councilmember Goetten if she would object to an outlot with a tennis court being located elsewhere in the subdivision? Goetten replied that due to the nature of this subdivision, that it will attract buyers that will be able to construct their own tennis courts. Ms. Wildman said to the contrary that she had gone to the • trouble of receiving approval from other entities to insure that the environment is protected. She said that there would be less impact on the environment if only one tennis court were constructed rather than many. Councilmember Goetten said that there is nothing to preclude the construction of private tennis courts in addition to the court being proposed. Goetten said that the adjacent neighbor, Mr. Chadwick, would be severely impacted by this proposal. Ms. Wildman indicated that she is not opposed to restricting private tennis courts. Mr. Stickney understood that the neighbors were opposed to the noise that would be generated by persons playing tennis. He suggested that if the tennis court is properly screened, it would act as a buffer and the noise impact would be lessened. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to conceptually deny application #1486 and direct staff to prepare a Resolution of Denial. Motion, Ayes -4, Nays -0, Motion passed. #1481 GERALD MCCOURTNEY 1055 WEST FERNDALE ROAD AFTER -THE -FACT CONDITIONAL • RESOLUTION #2761 Mr. Gerry Wenkus, Mr. on his behalf. USE PERMIT McCourtney's contractor, was present Assistant Planning and Zoning Administrator Gaffron 13 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 explained this application for an after - the -fact conditional use • permit and variance. Acting Mayor Callahan asked whether the efforts to keep drainage away from the doorway to the basement was successful? Gaffron replied that the drainage swale seems to be working. Councilmember Goetten said that Mr. McCourtney should be placed on notice that she has concerns about the hardcover existing on this property. In regard to this application, Goetten said that she wanted confirmation that a walkout was not created and that Mrs. Lindstrom's concerns about drainage had been addressed. Mr. Wenkus said that Mrs. Lindstrom was concerned about the drainage problems that would occur if the grading and excavation had not been done. He said that the work that has been done seems to have alleviated the drainage problems. Mr. Wenkus said that the house does have a walkout in the 75 -250' zone and it was approved with the building permit. Councilmember Goetten asked Mr. Wenkus to remind Mr. McCourtney that he contact the City for anything he wishes to do • on his property. Mr. Wenkus said that he has been working with staff to comply with the City's guidelines. It was moved by Councilmember Nettles, seconded by Acting Mayor Callahan, to adopt Resolution #2761, approving the conditional use permit and variance for land alterations within 75' of the lakeshore. Motion, Ayes -4, Nays -0, Motion passed. #1475 JOHN MCDOWELL 4105 BAYSIDE ROAD PRELIMINARY SUBDIVISON RESOLUTION #2762 Mr. John McDowell was present for the review of this application, as was Mr. Charles Hayssen. City Administrator Bernhardson provided the Council with a brief summary of this application. He noted that access is the main issue involved with this subdivision. Councilmember Goetten indicated that access to these properties was a mess. She asked why a mutual agreement could not be reached by everyone involved? She said that this arrangement was not good policy or planning and should not be approved. • Acting Mayor Callahan noted that the private driveway being used by White, Rezabek, Alt and Hayssen should be upgraded due to 14 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 • the number of houses on the driveway. Mr. McDowell replied that the property was subdivided years ago and is not involved with this subdivision. He said that White, Alt, Hayssen and Rezabek want to keep the driveway as it is. Acting Mayor Callahan asked Councilmember Goetten what alternative she would propose in lieu of what Mr. McDowell is proposing? Councilmember Goetten suggested Eminent Domain and asked City Attorney Barrett for his opinion in that regard. Barrett replied that the City has the legal right to condemn any road for public access. Acting Mayor Callahan asked about the purpose of Outlot B shown parallel to the existing driveway. Gaffron replied that the City is taking the opportunity to create a road outlot with Mr. McDowell's subdivision. Mr. "Chip" Hayssen responded to the question regarding the • property owners working together to solve this problem. He said that what is being proposed represents a compromise and agreement on behalf of the affected property owners. He said they have resolved the problem amongst themselves, but the Council is not accepting the solution. Mr. Hayssen indicated that he could see no reason for Outlot B. He said that it is located in an area where there are many mature trees growing. Acting Mayor Callahan suggested that it may be best to have Outlot A extend to the end of the property. He said that it would be necessary to condemn the portion of the White property that would be used to access Bayside Road. Callahan agreed with Mr. Hayssen that nothing could be done in the future with Outlot B. Councilmember Goetten asked if access should not be considered for the White property which will more than likely subdivide in the future. Callahan replied that the City could address that issue at the time that Mr. White submits an application to subdivide. He said that if Mr. White gives the City the portion of the road that he owns, Outlot B will still serve no purpose. Outlot A should provide whatever access is necessary. It was moved by Acting Mayor Callahan, seconded by • Councilmember Nettles, to adopt Resolution #2762, approving the Preliminary Subdivision for John McDowell, with the exception that there be no Outlot B. Motion, Ayes -4, Nays -0, Motion passed. 15 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 ACCESSORY STRUCTURE ORDINANCE AMENDMENT • City Administrator Bernhardson explained that the issue was whether pools should be included as lot coverage without a fence, or only in cases where there is a 6' fence surrounding a pool. The Planning Commission recommended that the Ordinance remain as is. Bernhardson said that the Planning Commission is considering the visual density aspect of this ordinance. He said the Ordinance could also be considered from the aspect of how much structure exists on a property regardless of whether it is above or below ground. A third way to consider the Ordinance would be from a hardcover standpoint. Bernhardson said that he prefers to consider the Ordinance from a total structural lot coverage aspect. He said that one property could have a principal structure, swimming pool, tennis court, and driveway which would leave very little grass. Councilmember Goetten agreed. Acting Mayor Callahan and Councilmember Peterson indicated that they too agreed that lot coverage should be the issue. Gaffron suggested that if the Council is going to view this Ordinance from a lot coverage aspect, that all flat surfaces are going to have to be considered. That would include patios, sidewalks, and driveways, which would be a hardcover issue. • City Attorney Barrett said that what Gaffron was suggesting, that if the present ordinance is to be a structure ordinance, then it is inadequate. It does not address all the possible structures that could exist on a particular property. He said that the Ordinance was drafted with a different perspective than that of the Council's. He suggested that the Council may wish to consider whether their perspective is a separate, hardcover issue. Councilmember Peterson said that when the reference was made to lot coverage of 15% for lots 0 -1.99 acres, that it was referring to everything that covered the ground. Gaffron said that the intention of the Planning Commission was that if structure would be limited to only 15 %, then it would include only structures that are above ground. It would not include sidewalks, driveways, etc. Councilmembers Goetten and Peterson indicated that they did not interpret the Ordinance that way. Acting Mayor Callahan said that though patios without pools could be considered the same as patios around pools, that there is a difference. He thought that the intent of the Ordinance was to address lot coverage, not projections upward. Callahan • believed that the Ordinance should be amended to include pools as part of lot coverage. 16 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 • It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to amend the Accessory Structure Ordinance to include pools as lot coverage. Callahan said if the Ordinance was drafted from a different viewpoint, then he would like to have staff provide information regarding what changes may be appropriate to the existing Ordinance to have it conform with Council's perspective. Motion, Ayes -4, Nays -0, Motion passed. MAYOR /COUNCIL REPORT: There was no Mayor's report for this meeting. CITY ADMINISTRATOR'S REPORT: STUBBS BAY SEWER PROJECT City Administrator presented a summary of the significant questions from the meeting on January 30th. He requested that this item be tabled until March 12th. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to table this item until March 12, 1990. Motion, Ayes -4, Nays -0, Motion passed. CITY FACILITIES -IMAGE DISCUSSION Mr. Jack Boarman was present to provide some ideas for the • Council to consider regarding their preference for building design. He also presented two preliminary site plans, one showing the use of the Old Crystal Bay Road site, the other shows the site currently used. Councilmember Goetten asked if any particular materials were being discussed at this point, or if this stage was merely for the purpose of putting the design on paper? Mr. Boarman replied that the site planning stage involved determing the size of the site and the ability to fit the building within the required setbacks. He said that parking, screening and the location of the building with respect to views are being considered during this phase. Acting Mayor Callahan noted that Highway 12 is scheduled to change and suggested that be taken into consideration for the Old Crystal Bay Road location. Mr. Boarman replied that the building would be 300' to 400' from Highway 12. Mr. Boarman said that in looking at the site currently used, the building may encroach into the setback areas and variances may be required. Acting Mayor Callahan asked what negative aspects exist for the constructing a two -story building? Mr. Boarman replied that a two -story building would require an elevator and would be more of an urban -style building. 17 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 r � U Councilmember Goetten said that she would prefer to have a building style that is not indicative of the East or South. She preferred a Midwestern style that would use materials from the area. Goetten said she would like a residential character to the building and favored the use of wood and /or brick. Councilmember Peterson concurred with Goetten. She said that none of the images Mr. Boarman was showing were what she had in mind. Councilmember Nettles indicated that he liked the style of the Champlin City Hall building if it were located on the Old Crystal Bay Road site. He said if the current site is used, a more residential structure would be suitable. Mr. Boarman advised that materials that are indigenous to Minnesota are brick, wood and Kasota stone which can be cream color or more okra colored. Councilmember Goetten said that a lot of the design is going to depend on the cost. Mr. Boarman said that there are a lot of subjective options to get imagery to work and keep the cost within $80- $85 /s.f. Councilmember Goetten said that in her opinion $80- $85 /s.f. • is too much. Mr. Boarman said that he would like a motion from Council providing him with some direction as to what cost he should consider. Councilmember Goetten said that she would like to see cost comparisons depicting the various costs of different building options. Mr. Boarman said that he will bring back an image of a building with a varying roof profile, with some sloping, and the functionality being discussed by staff, and gives a 20% to 30% variable in cost. He said that he is proposing a building that has four elements to it rather than just one, large element. Acting Mayor Callahan said that the design for the building if located on Highway 12 should be different than if it is located on the South Brown Road site. Callahan questioned whether the four elements proposed for the building would be more costly than just constructing a rectangle. Mr. Boarman said that the elements do increase the cost. Mr. Boarman suggested that he should bring back a floor plan . for the Council review and provide cost estimates for variations to that plan. 18 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 • Acting Mayor Callahan said that there should be some comparisons of costs. He said that the exterior of the building is not an immediate concern. He said he would prefer to determine how large the building needs to be in order to meet the functional requirements. Councilmember Callahan recollected that $50- $55 /s.f. was estimated in the first discussions for a new facility, several years ago. He said that the next time that dollar estimates were discussed, the cost had increased to $85 /s.f. Callahan also said that he would like costs comparisons of placing the building on the South Brown Road vs. the Crystal Bay Road. Mr. Boarman said that if the building is placed on the South Brown Road site, it will probably have to be reduced in size or stacked to avoid the need for variances. Councilmember Callahan said if the final option requires variance approval, that would not be an unreasonable request. Mr. Boarman said that these aspects all need to be addressed as does the expansion potential of the building. Acting Mayor Callahan said that he would not recommend that the next discussion of this matter occur during a Council • Meeting. Bernhardson said that the matter will be discussed at the joint Planning Commission /Council Meeting. HIGHWAY 12 CORRIDOR STUDY - TECHNICAL COMMITTEE City Administrator Bernhardson recommended that Public Works Director Gerhardson would serve as the primary respresentative and volunteered himself as the alternate. Councilmember Nettles noted that Bernhardson is the alternate for the Highway 12 Corridor Study - Policy Committee. He suggested that Councilmember Goetten may wish to serve as the alternate for the Technical Committee. Councilmember Goetten said that she would like to serve in that capacity. Administrator Bernhardson indicated he was agreeable to such an arrangement. Councilmember Peterson suggested that Mayor Grabek and Councilmember Goetten could serve on the Policy Committee and Public Works Director Gerhardson and City Administrator Bernhardson serve on the Technical Committee. • Councilmember Goetten indicated that the appointments for the Policy Committee have already been made. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to appoint Public Works Director 19 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Gerhardson as the primary representative and Councilmember • Goetten to serve as the alternate for the Highway 12 Corridor Study Technical Committee. Motion, Ayes -4, Nays -0, Motion passed. CIGARETTE VENDING MACHINES City Administrator Bernhardson presented the Council with several options to consider regarding cigarette vending machines. Councilmember Goetten questioned whether the Council should delay any action on this until the Legislature makes a decision. Goetten asked if all of the operators involved with cigarette vending machines have been notified that the City is reviewing the policy. Bernhardson replied that the City Clerk had sent a letter to all of them. Acting Mayor Callahan stated that he would find it difficult to legislating such an issue. Councilmember Peterson said that she wouldn't vote to ban them. Councilmember Goetten said that she would be in favor of • restricting them at this time and taking further action if needed. Callahan asked for a consensus from the Council in regard to delaying action until the Legislature makes a decision. It was moved by Councilmember Nettles to limit cigarette machines to places where minors are prohibited. Councilmember Peterson noted that it would eliminate everyone but Jimmies Lounge. There was no second. Bernhardson noted that option 4 involving a remote control was provided by the cigarette industry to avoid the prohibition of cigarette vending machines. Bernhardson said that Bloomington and Minneapolis are proposing that option. After discussion of the options, Councilmember Goetten suggested that Councilmember Nettles may wish to make the motion he previously made. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to restrict cigarette machine sales to places where minors are prohibited. Motion, Ayes -3, Councilmember Peterson, Nay. Motion passed. REQUEST FOR SOCIAL SERVICE FUNDING It was moved by Acting Mayor Callahan, seconded by is Councilmember Nettles, to table this item until the C.D.B.G. Budget is determined in March. Motion, Ayes -4, Nays -0, Motion passed. 20 • MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 COMPREHENSIVE PLAN METROPOLITAN SYSTEM STATEMENT This was an informational item and there was no motion. BID AWARDS EQUIPMENT & MATERIALS* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to accept the bids for equipment and materials for 1990 as presented. Motion, Ayes -4, Nays -0, Motion passed. SALARY ADJUSTMENT- OFFICER BRUCE ANDERSON* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to approve the step increase for Officer Bruce Anderson from $17.052 /hour to $17.376 (1989 contract) effective March 1, 1990. Motion, Ayes -4, Nays -0, Motion passed. JOINT COUNCIL /PLANNING COMMISSION MEETING City Administrator Bernhardson indicated that not all Councilmembers would be present for the meeting as scheduled and suggested rescheduling the meeting. Bernhardson said that he would try to find a day that would be acceptable to all Councilmembers. • C.D.B.G. YEAR XVI PUBLIC HEARING* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to set a public hearing on March 26, 1990, 7:00 p.m. to receive citizen input for allocating Community Development Block Grant funds for Year XVI. Motion, Ayes -4, Nays -0, Motion passed. TELEPHONE SYSTEM INSTALLATION* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to accept the information regarding the telephone system installation. Motion, Ayes -4, Nays -0, Motion passed. EMPLOYMENT -PART TIME OFFICER* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to authorize the employment of Derek Palkki as a part time police officer at $9.285 effective as of March 1, 1990 dependent on his successful passing of the appropriate tests. Motion, Ayes -4, Nays -0, Motion passed. 1950 SHORELINE DRIVE AGREEMENT* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to approve the agreement between the City and the property owner of 1950 Shoreline Drive. Motion, Ayes -4, Nays -0, Motion passed. • EMPLOYMENT -PART TIME C.S.O.* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to authorize the employment of David Dennis Nelson as the "back up" CSO at a rate of $5.10 per hour effective March 1, 1990. Motion, Ayes -4, Nays -0, Motion passed. 21 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 EMPLOYMENT— SECRETARY* Councilmember Nettles said that there appeared to be a discrepancy in the salary range presented to Council for the full time secretary and the salary range being offered to applicants for that job. Nettles said that the Recording aspect of the job is being removed as a responsibility for that job and consequently the starting wage should be lower. Bernhardson said the the salary range indicated in the attached memo was not in accordance with the pay plan and should have been corrected to reflect a higher amount. The other dollar amounts referring to the additional amount to be included in the budget are correct. Councilmember Goetten asked what the starting salary will be for the newly hired full time sectretary? Bernhardson replied that he could not recall, but would bring that information back to the March 12, 1990 meeting when this item is scheduled to be reviewed for final approval. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to authorize hiring a person to fill the secretary position and bring this item back to the March 12, 1990 Council meeting for final approval. Motion, Ayes -4, Nays -0, Motion passed. C.S.O VEHICLE ACQUISITION Councilmember Peterson understood that the budget figure of $8,000.00 proposed by Chief Kilbo included everything. She questioned whether there would be an additional amount for tax and license after the $7590.00. Bernhardson said that he would confirm it, but to the best of his knowledge there should not be any taxes. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to authorize the purchase of a 1986 Ford Bronco II from Auto Haus for $7,590. Motion, Ayes -4, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Peterson, seconded by Councilember Nettles, to accept the City Administrator's Information regarding: Yard Waste Site; D.A.R.E. Programs, Well Regulations, K -9 Naming. Motion, Ayes -4, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. LICENSES* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to approve the following license: 22 t • • • C� MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 Cigarette License: Over the Counter - One Quarter William W. Wear 2160 West Wayzata Blvd. Motion, Ayes -4, Nays -0, Motion passed. BILLS* It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes -4, Nays -0, Motion passed. EXECUTIVE SESSION - 11:30 P.M. Acting Mayor Callahan requested that the Council go into an executive session at 11:30 p.m. ADJOURNMENT 11:35 P.M. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adjourn the Regular Council Meeting at 11:35 p.m. Motion, Ayes -4, Nays -0, Motion passed. Z otST: hy 11 Hal n, City Clerk Edward J. Cal h n, r. Acting Mayor 23