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HomeMy WebLinkAbout04-09-1990 Council MinutesT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 9, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Callahan and Peterson. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Police Chief Kilbo, City Attorney Barrett, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* City Administrator Bernhardson noted that Council may wish to include item #5, Gerald McCourtney, on the Consent Agenda. It was the consensus of the Council that Item #5 be included on the Consent Agenda. Bernhardson informed the Council that item #14 has been withdrawn. The Calverts have submitted a building application which conforms and no longer requires a variance. Bernhardson stated that item #18 requires only a motion to terminate Albrecht, not a resolution. He suggested that item #18 either be removed from the Consent Agenda or left on the Consent Agenda and passed with a motion. Bernhardson requested that item #20, Park Commission Appointment, be removed from the Agenda and that a Resolution pertaining to Ringerswood be added to the Agenda under City Attorney's Report. Councilmember Nettles requested that item #29 be removed from the Consent Agenda. Councilmember Goetten requested the removal of items #18 and #28 from the Consent Agenda. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of items #18, #28 and #29 which were removed and discussed in the order appearing on the agenda. Item #5 is to be included on the Consent Agenda and Items #14 and #20 were removed from the Agenda. There is an addition to the Agenda under City Attorney's Report, which is a Resolution regarding Ringerswood. Motion, Ayes -5, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Minutes of the Regular Council Meeting. Motion, Ayes -5, Nays -0, Motion passed. PUBLIC COMMENTS: There were no public comments. - 1 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • PLANNING COMMISSION COMMENTS: Planning Commission Representative Hanson stated that the recent Joint Planning Commission /Council Meeting was very beneficial. Mayor Grabek agreed and commended the Planning Commission for their efforts and the time they volunteer to serve the community. ZONING ADMINISTRATOR'S REPORT: 11411 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET FINAL SUBDIVISION RESOLUTION #2784 It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2784 approving the Final Subdivision for Sussex Square Development. Motion, Ayes - 5, Nays -0, Motion passed. #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD VARIANCE RESOLUTION #2785 Mr. and Mrs. Pemberton were present for the review of this matter. • Bernhardson stated that the Resolution approving the hardcover variances in the 0 -75' setback area is being presented for Council's review and action. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adopt Resolution #2785, approving the variances in the 0 -75' setback area for the purpose of constructing a room addition. Motion, Ayes -3, Peterson, Goetten, Nay. Motion passed. • #1465 GERALD T. MCCOURTNEY 1055 WEST FERNDALE ROAD VARIANCE REFERRAL BACK TO PLANNING COMMISSION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to refer revised application #1465, Gerald T. McCourtney, 1055 West Ferndale Road, to the Planning Commission for further review at their April 16, 1990 meeting. Motion, Ayes -5, Nays -0, Motion passed. �t= MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 #1468 GEORGE & SALLY PILLSBURY . 1300 BRACKETTS POINT ROAD VARIANCES /CONDITIONAL USE PERMIT RESOLUTION #2786 City Administrator Bernhardson informed the Council that the Resolution approving the variances and conditional use permit was being presented for their consideration and action. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2786 granting variances and conditional use permit approval for a green house addition and grading /retaining wall work in the 0 -75' zone for George and Sally Pillsbury, 1300 Bracketts Point Road. Councilmember Peterson asked those Councilmembers voting in favor of this Resolution what hardship existed to warrant variance approval. Nettles stated that paragraph 2D of the Resolution was the basis for his approval. Councilmember Goetten did not believe that growing orchids was a hardship. She had talked with an expert regarding the exposure required to grow orchids. Goetten had been informed that orchids could be grown with a southeast, east, south, or southwest exposure. Nettles said that the existing layout and location of the house was established prior to the Zoning Ordinance regarding the 0 -75' setback zone. He stated that it was difficult to make the decision to approve, but felt the Pillsburys were going to great lengths to improve the runoff from the property. Goetten stated that the greenhouse addition could have been incorporated into the recent remodeling • that was done to the principal structure. Goetten stated that there is no hardship for this addition. Councilmember Peterson concurred with Goetten. Motion, Ayes -3, Peterson, Goetten, Nay, Motion passed. #1489 F. JOHN HARDIN #1496 PARR DRIVE VARIANCE RESOLUTION #2787 Mr. Hardin was present for this matter. Bernhardson provided a brief review of this application for an addition to an accessory structure. Bernhardson informed the Council that a Resolution approving an oversized accessory structure variance and a variance to allow an excess of 55.6 s.f. total accessory structure area is being presented this evening. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adopt Resolution #2787 granting variances to construct an addition to an accessory structure. Councilmember Goetten stated that there is no hardship to support the approval of the variances, especially since the Accessory Structure Ordinance was passed only a short time ago. Motion, Ayes -3, Peterson, Goetten, Nay, Motion passed. 0 - 3 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • #1493 CHUCK DOWNEY 2665 CASCO POINT ROAD VARIANCE RESOLUTION Mr. Downey was present for the review of his variance application. Bernhardson provided a brief history of this property, as well as information regarding what is currently proposed. Mr. Downey commented that though he had agreed to the Planning Commission's recommendation, it was not something that he wished to do. He said, "I've been told I'm some kind of a bad guy because hardcover on my property mysteriously increased to 52 %. The sidewalk leading to the house was put in at the same time the garage was constructed. The City Building Inspector was there and saw what I was doing. There was a survey done in 1982 that showed what my hardcover was. I did not submit a new survey with this application, I used the old one. I was instructed by the City that in order to build my garage I had to widen the driveway so I would not back directly onto the road. There was part gravel, on the south side, which had been blacktop at one time. The City is now asking me to take away what they asked me to install. To my knowledge the City was aware of everything I did in 1982. The only area I can see that would have increased hardcover is that I may have blacktopped more driveway area. It • is a real hardship to have to remove hardcover. I have to weigh the benefits of having a driveway versus an entry addition." Mabusth stated that staff had suggested to Mr. Downey that he provide an updated survey. She said that staff has not received an updated survey. Mabusth noted that there is a second story deck that was constructed without a permit and does not appear on the survey submitted with the application. Mr. Downey stated that if there was a 4% or 5% difference in the amount of existing hardcover, it should not matter. Mabusth indicated that 4% or 5% would make a significant difference. Councilmember Goetten indicated that an updated survey is necessary for an accurate review of an application. Goetten asked Mr. Downey if he had in fact constructed the second story deck with no permit. Mabusth stated that Mr. Downey had indicated that the second story deck was included in the application for the garage. Mabusth informed the Council that she had reviewed that application and it applied only to the garage. • Mr. Downey added that it was his understanding that his - 4 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE $1493 - DOWNEY CONTINUED • contractor had obtained all of the necessary permits to construct the garage and the deck. Mabusth asked City Engineer Cook if the gravel area on the property would provide a sufficient turn around. Cook indicated that the turn around would almost have to be on Casco Point Road to be effective. Mabusth noted that the addition of the entry would only increase hardcover 30 s.f. because it is placed over existing sidewalk and a step area. It was moved by Councilmember Goetten to approve the hardcover variance in accordance with Planning Commission recommendation to maintain hardcover at 45 %. Also, the boathouse is a non - conforming building and is subject to all pertinent ordinances. There was no second. Councilmember Nettles asked staff if they were satisfied with the present status of the second story deck, or would they prefer to explore that further. Mabusth replied that staff would proceed in accordance with Council direction. She commented that it is always difficult for staff to accurately evaluate an application without an updated • survey. Mabusth suggested amending the Resolution to advise the applicant that an updated survey will be required for any future improvements to this property. Mr. Downey stated that he would be coming back to the City in one month to apply for a permit for retaining walls. Mr. Downey said that due to the improvements to the neighboring property, he now has serious erosion problems. Mabusth asked Mr. Downey if he would be willing to combine the retaining wall application with this variance application. Mr. Downey stated that originally he had intended to do that. In order that he might proceed as quickly as possible with the entryway project, staff advised him to submit separate applications. Mabusth suggested that this application be tabled and allow the applicant to submit a fully amended application including a conditional use permit for land alterations. She asked Mr. Downey to submit a fully updated survey with that application. Callahan noted that in light of adding the conditional use permit, the application would have to be reviewed by the Planning Commission. • - 5 - 1 , MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • ZONING FILE #1493 - DOWNEY CONTINUED It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to refer this matter back to the Planning Commission pending the receipt of a comprehensive application with an updated survey. Hanson noted that the Planning Commission would approve of the recommendation. Bernhardson stated that staff would review the second story deck issue and that the fee for the revised application would be calculated as though Mr. Downey had originally submitted a comprehensive application. Motion, Ayes -5, Nays -0, Motion passed. #1494 FRANCIS S. LIGHTLY 3585 FREDERICK STREET VARIANCES Mr. and Mrs. Lightly were present for this matter. Bernhardson briefly explained the applicants' original and revised proposal to construct an addition, a pool and patio. Mr. Lightly explained the two lines that have been drawn to depict the average lakeshore setback. Mayor Grabek asked if the neighbors (Braaten and McLeod, 3565 Frederick Street) were still objecting to the Lightlys' proposal. • Mr. Lightly replied, "We discussed our original plan with them and had reached an agreement with them. If we placed landscaping along the lot line, we could overcome their objection to seeing the structure itself. We have since revised our plan so that the structure is setback an additional 13 feet." • Mayor Grabek asked if the neighbors were aware of the revised plan. Mr. Lightly stated that the neighbors have not seen the revised plan. Mabusth noted that only the pool and patio would encroach into the average lakeshore setback area. Goetten stated that the purpose of the average lakeshore setback Ordinance is to prevent structure from obstructing the views of adjacent neighbors. She said that a pool would not obstruct any views of the lake. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to give conceptual approval to allow 42.5% hardcover to exist in the 75 -250' setback area and to approve the average lakeshore setback variance, per staff recommendation. Motion Ayes -5, Nays -0, Motion passed. MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 h #1495 RODNEY JOHNSON • #3740 WEST WAYZATA BOULEVARD PRELIMINARY SUBDIVISION RESOLUTION #2788 Mr. Johnson was present for this matter. Bernhardson explained Mr. Johnson's proposal for a two lot subdivision. Mr. Johnson asked why he was only receiving preliminary approval. Bernhardson informed Mr. Johnson of the City's policy requiring a two -step approval process for subdivisions. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2788, granting Preliminary Plat Approval for Rod Johnson. Motion, Ayes -5, Nays - 0, Motion passed. #1497 G. TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT RENEWAL Mr. Vern Larson, Mr. Toberman's Associate, was present for this matter. Bernhardson summarized the history of the use for this • property. He said that the question is that since the conditional use has lapsed, can it be renewed. The City Attorney has indicated that renewing the use would require a use variance. If Council wishes to approve the renewal, Bernhardson suggested that the matter be tabled pending further research by the City Attorney on the legality of such a variance. Councilmember Nettles stated that he resides near this property and is opposed to renewal. Nettles had voted in favor of renewal last year due to the improvements that had been made to the property. He said that nothing has happened with the property since that time and it has become a nuisance. He said that a commercial use is not in keeping with the neighborhood. Nettles thought that the property ought to be classified as a residential property and dealt with in that regard. Councilmember Goetten objected to the sale of motor boats from this property. She believed that the Council had provided Mr. Toberman ample opportunity to develop the property. Goetten concurred with Nettles that the property should revert back to a residential zoning classification. Dan Crear, 1980 Spates Avenue, stated that he is against the commercial use of this property. Mr. Crear stated that he would not object to the original use which was sail boat sales, with no is - 7 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1497 -G. TOBERMAN repairs. Mr. Crear read a letter written by his wife, in which she too objects to the commercial use. Mrs. Crear also indicated that she did not believe the property was suitable for residential use and would cost a great deal to convert. Mrs. Crear made reference to the adjoining residential property owned by Mr. Toberman that is in a state of disrepair. (See Planning Commission Minutes of 3/19/90). Mr. Crear believed that Mr. Toberman was asking too much for the property which is why it will not sell. He did not want the City to "bail Mr. Toberman out" if this is all due to a bad business decision on his part. Mr. Crear said, "If the Council recommends that the conditional use be renewed, most of the property owners in the area feel that Spates Avenue should be dead - ended." Mr. Crear also suggested that as part of the renewal approval, Council require that the property be continually maintained. He asked the City Council to require a high level of excellence for the property since it is in a residential area. Mr. Crear said, "Right now the fences surrounding the property are broken, the paint is peeling off of the building and the landscaping has not been kept up. Another problem is that an incredible bat population has developed underneath the eaves. I have had more problems with bats in my chimney than I have ever had before. If I walk out of my house at sunrise I can barely get out the door because the bats are flying by to get to the back of that building." • Mayor Grabek asked the City Attorney what happens to the property should the Council deny the conditional use renewal. City Attorney Barrett said, "That is my dilemma with this property. It would seem to me that the 'grandfathered' status of this property was lost because of a lack of use. As a consequence, we could determine that the underlying zoning, which is residential, applies and we could then compel the owner of the property to conform. One of the considerations that you have to keep in mind is that there has to be some use of the property. You may wish to ask the applicant to discuss his intentions for the property with staff." It was moved by Mayor Grabek, seconded by Councilmember Callahan, to conceptually deny the renewal of the conditional use permit /variance and ask the applicant to provide the City with a plan for the property within thirty days. Motion, Ayes -5, Nays - 0, Motion passed. #1500 ERIK CELMS 4050 HIGHWOOD VARIANCE RESOLUTION #2789 Mr. Celms was present for the review of his application. • Bernhardson provided Council with information regarding this 8 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILED #1500 -CELMS CONTINUED request for a lot area variance. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2789, granting a lot area variance, subject to the conditions set forth in Resolution #2789. Motion, Ayes -5, Nays -0, Motion passed. #1501 ROBERT J. RITCHIE 3572 SHORELINE DRIVE COMMERCIAL SITE PLAN Mr. Ritchie was present for this matter. Dr. Janet Roshar, the tenant of the property, was also present. City Administrator Bernhardson informed the Council that the Planning Commission had recommended approval of the Commercial Site Plan with two modifications: 6' spruce trees must be planted along the north property line and no outdoor kennels are allowed because of the proximity of this property to a residential neighborhood. Mr. Ritchie stated that he would prefer to maintain the blacktop in front of the property. t • Mabusth stated that the Resolution addresses Mr. Ritchie's request. The City Engineer has been asked to look at the site and determine whether the blacktop is needed as a turn around • area. Callahan recollected that the Planning Commission had preferred that the blacktop be removed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt the approval recommendation of the Planning Commission accepting the Commercial Site Plan for Robert Ritchie and the property at 3572 Shoreline Drive. Motion, Ayes -5, Nays -0, Motion passed. #1504 ARNOLD CALVERT 2523 KELLY AVENUE VARIANCE This item was withdrawn. #1506 CAROL SENN 3220 WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION Ms. Senn was present for Council's review of this application. Bernhardson explained that the applicant will have to construct a bridge across the swale to develop the southern go - 9 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • ZONING FILE #1506 -SENN CONTINUED access. The applicant is requesting that the access not be defined as a temporary access with the subdivision approval. She prefers Council to allow access to the north as a future option when the western access corridor is developed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Preliminary Subdivision for Carol Senn, in accordance with the Planning Commission recommendation with the revision that the northern access be optional. Motion, Ayes -5, Nays -0, Motion passed. #1507 DAVID FOX 1645 BOHNS POINT ROAD VARIANCE RESOLUTION #2791 David and Margene Fox were present for this matter. City Administrator Bernhardson explained that the applicants are seeking an after - the -fact height variance due to the installation of a third story with upper story windows that were not shown on the original building plans. Mabusth further explained that the addition of the third story windows meant a re- interpretation of the height of the structure. Mabusth said that there is actually no change in the • height of the structure, only the interpretation changed due to the introduction of a third story. She said, "The City has no definition of a half story in our Code and nothing in the Building Code gives us,direction to deal with half stories." Mayor Grabek stated that the Foxes are friends of his and he would therefore not make a motion. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2781 granting a 3'6" height variance to David and Margene Fox. Goetten noted that there is hardcover in the 0 -75' setback zone and questioned why 'it was there if this is a new structure. Mabusth informed Goetten that the hardcover had existed prior to the construction of the house. Bernhardson observed that the hardcover is the adjacent property owner's deck which encroaches on the Fox property. Callahan asked how the plan had varied from what was presented to the City and what was constructed. The Foxes' architect stated that the Foxes had asked for the windows when they realized how much area would otherwise not be utilized. They also had concern about the aesthetics of having nothing but stucco surface for the entire upper story. The architect stated that he had reviewed Orono's Ordinances, but found nothing that addressed the addition of windows. He drew the windows in and assumed that the contractor had brought the revision to the attention of the City. Callahan • suggested that the Code be clarified. Motion, Ayes -4, Peterson, 10 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1507 -FOX CONTINUED Nay. Motion passed. CITY ENGINEER'S REPORT: ORONO PLANT /INTERCEPTOR PRELIMINARY REPORT City Administrator Bernhardson requested that this item be tabled. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this item to adequately address issues that were raised during the Joint Planning Commission /Council Meeting. Motion, Ayes -5, Nays -0, Motion passed. TERMINATION OF ALBRECHT CONTRACT Councilmember Goetten asked whether the City would incur any additional cost as a result of this termination. City Engineer Cook said, "There should not be any additional cost. However, anytime you have a situation such as this you have to deal with the bonding company and the City. As far as completing the construction, we feel we have enough money to get the job done." Councilmember Nettles asked if we are letting Albrecht "off the hook" if it does cost the City more to complete the project. Cook replied that the bonding company is liable for • completing the contract. City Attorney Barrett had understood that the work was being terminated because of poor quality, not because Albrecht was having financial difficulties and could not afford to complete the project. Bernhardson clarified, "Albrecht is having organizational problems and as a result, cannot finish the project. We have not paid him for the remaining work, plus we have retainage. I would think that we have enough money to complete 'the vast majority of the project. If there are additional expenses, then we would look to the bonding company for that amount." Mr. Otten asked when the project will be completed. Cook stated that they would still like to be completed by June 1, 1990. It was moved by Councilmember Goetten, seconded by Mayor Grabek, Councilmember Nettles asked that the motion be amended that'the termination be approved provided that it doesn't release the surety or the principal for any overage on uncompleted work. Nettles noted that generally if the principal is released, the • - 11 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • TERMINATION OF ALBRECHT CONTRACT CONTINUED surety is also released. Goetten amended her motion, Grabek seconded. Motion, Ayes -5, Nays -0, Motion passed. MAYOR /COUNCIL REPORT: PLANNING COMMISSION APPOINTMENTS Bernhardson explained that there are two vacancies for the Planning Commission. Bernhardson said that Mr. Steve Johnston had applied for appointment last year and is still interested in serving. Mr. Johnston was present and informed the Council that he was very interested in serving as a Planning Commissioner. Councilmember Goetten stated that she appreciated Mr. Johnston's continuing interest. Goetten was concerned about the lack of a lakeshore resident serving on the Planning Commission. Goetten also asked to see the Planning Commission Attendance Record. Councilmember Callahan believed that it may be best to re- advertise due to Mr. Brown's recent announcement that he can no longer serve. • Councilmember Nettles stated that he was impressed with Mr. Johnston's credentials but that he agreed with Callahan that the City should place another advertisement for the two vacant positions. • Mayor Grabek indicated that he concurred with Callahan and Nettles. He asked Mr. Johnston to continue his enthusiasm and informed him that the appointment would be scheduled for the May 14 Council Meeting. Mr. Johnston understood the Council's position. In regard to Councilmember Goetten's concern, Mr. Johnston stated that though he had not lived on Lake Minnetonka, 'he had resided on a lake in Maple Grove for 22 years. Mr. Johnston also stated that he is interested in serving on the Highway 12 Corridor Citizen's Task Force in the event he is not appointed to the Planning Commission. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to advertise again for the Planning Commission vacancies and that the matter be scheduled for the May 14, 1990 Council Meeting. Motion, Ayes -5, Nays -0, Motion passed. PARK COMMISSION APPOINTMENT This matter was withdrawn. - 12 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ADMINISTRATOR'S ANNUAL REVIEW* • It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the Administrator's Annual Review. Motion, Ayes - 5, Nays -0, Motion passed. CITY ADMINISTRATOR'S REPORT: WATERFOWL RELOCATION PROGRAM 1990 Bernhardson reported that last year 160 geese were removed from the Pheasant Lawn area. In order for the program to be successful, experts have suggested that the program continue for 4 years. The residents in the Pheasant Lawn area have indicated interest in having the program continue. The Woodhill Country Club has also asked to be included in the program. Bernhardson stated that last year the City contributed $200 toward the program for the Pheasant Lawn area and may wish to do so this year. Councilmember Goetten believed that by participating last year the City more or less committed to participate in the program until it is completed. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to agree to allow the goose removal in the two areas that have requested it, with funding for the Pheasant Lawn area up to $200.00. Motion, Ayes -5, Nays -0, Motion passed. • PARK DEDICATION FEES ORDINANCE 182, SECOND SERIES Bernhardson briefly reviewed the proposed changes to be incorporated in the Park Dedication Fee Ordinance. He stated that a clarification is needed as to how applications submitted by the May 1 effective date are to be addressed. It was the consensus of the Council that applications that have been filed prior to the May 1, 1990 effective date, be excluded from the Ordinance. i It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt the proposed changes to the Park Dedication Fee Ordinance as outlined in staff's Attachment C, including the clarification of the filing date. Motion, Ayes -5, Nays -0, Motion passed. STUBBS BAY SEWER City Administrator Bernhardson presented information regarding properties that Council may wish to exclude and include in the project. This information provided criteria that the City could use for determining which properties may or may not be excluded. Bernhardson noted that this is necessary to determine an approximate cost of the project prior to asking the residents • - 13 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • STUBBS BAY SEWER CONTINUED of the Stubbs Bay area if they are interested in participating. A map of the area was displayed showing the properties that staff is recommending for exclusion. In regard to the Christine Drive and Oxford Road areas, staff is recommending that the residents be asked if they wish to participate. If there is sufficient interest, those areas could be included to reduce the trunk costs for everyone included in the project. Our primary concern for keeping the project costs down is the trunk assessment being charged to people because that charge directly affects everybody else in the project. Bernhardson stated that 6 properties had specifically requested exclusion from the project. He reviewed the portion of his memo addressing staff's recommendation for each. Ms. Linda Whitman, 3620 Eileen Street, questioned whether the requirement of 2 acres was as important as having alternate drainfield sites. Ms. Whitman distributed a letter which indicated that their property has three alternate drainfield sites, in addition to a fully functional system. She said, "The assessment for our property would be approximately $16,000.00 to $20,000.00. At the last meeting I gave you a letter from an appraiser that said the maximum benefit we would receive from the sewer would $3,000.00 to $5,000.00. I question the logic of including us in the project. We would provide a deed restriction • to you to insure that our alternate sites would remain as such." Bernhardson commented that the City would question whether septic systems that were put in prior to 1978 meet the standards. That is why we are requiring two sites for those properties. Bernhardson stated the the person that determined the Whitmans have three alternate sites is a contractor, not a qualified site evaluator. The contractor used setbacks for determining the number of sites, but did not perform soil tests. Ms. Whitman stated that she had talked with Gaffron and he had told her that soil tests were not necessary at this point. Ms. Whitman said, "Mike informed me that he has walked our property and also believes that there are three alternate sites. If you require us to do soil testing we will do that." Bernhardson suggested that the Whitmans not proceed with soil testing until it is determined whether or not they will be excluded. Mayor Grabek asked why it would cost the Whitmans $16,000.00 for sewer. Cook replied, "In addition to the $6,500.00 cost for the • trunk, there is a lateral fee to get the sewer to their lot. In 14 - e MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 STUBBS BAY SEWER CONTINUED • their particular case they are being served from a lift station and the line has to come back to Stubbs and up to Eileen Street." Mayor Grabek asked if it was staff's recommendation to include the Whitman property. Bernhardson stated that the Whitmans have 1.8 acres of property and would therefore be included in the project. Callahan noted that a lateral was being installed in that area just for the purpose of serving the Whitmans and they are asking to be excluded. Mayor Grabek asked if Gaffron had in fact confirmed that there are three alternate sites on the Whitman property. Bernhardson replied, " Gaffron said that there is potential, based on the setbacks, but did not commit to three sites being located on the property. There will need to be soil testing done to determine how many alternate sites exist. That criteria should be met before you decide to exclude them." Ms. Julie Harren, 175 Landmark Drive, stated that they just built a house and spent $9,000.00 on a mound system. Ms. Harren did not understand why she was being considered in the project and Oxford'Road was being given an option. • Cook explained that the trunk line would not extend through Oxford Road, but would stop just before it. He said that the trunk line has the capacity to handle Oxford Road if the property owners are interested in being included. A lateral would then run by the individual Oxford properties. Bernhardson added that only the four Oxford properties abutting Bayside Road abut the trunk line. Bernhardson said that the original design was to have the line on the north side. There has been discussion, but in an effort to save trees, no actual design has been drawn showing the line on the south side. Bernhardson said, "We can provide lots of criteria, but there is no perfect solution. Somehow a decision will have to be made as to which properties should be included or excluded. It may have to be done on a case -by -case basis. We have speculative information that indicates the Whitman and Harren properties could be excluded, but until testing is done, it is not wise to exclude them. We need to determine the number of properties that are potentially going to be excluded so that the figures we give out in the petition accurately reflect the cost of the project." Callahan said, "It seems to me we should make every effort possible to exclude the Eileen Street property because it appears • - 15 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • STUBBS BAY SEWER CONTINUED the City is spending a great deal of money just to include it. That is of course if the soil test is positive. If 185 Landmark Drive is only 1.5 acres dry buildable and there is serious concern about the general area, I can see why a lateral would be proposed. I also see that if the lateral is there to serve 185, it would also serve 175 Landmark Drive." Bernhardson noted that it would not make sense to include Christine Drive if the lateral is not extended up Stubbs Bay Road. Ms. Whitman read a portion of a memo from Mike Gaffron to the Council, dated March 23. The memo stated that the Whitman and Ilse property both have functional trench drainfield systems and lots of room to replace same, if soil testing finds suitable conditions for trenches. Mayor Grabek stated that at some point a decision would have to be made as to which properties should be excluded. He felt that Council should have an option to give variances to those that wish to be excluded but meet the criteria for inclusion. Grabek said that the criteria that has been established seems reasonable. Grabek said he is willing to make a decision this evening provided that adjustments can be made pending the receipt • of further information. Councilmember Goetten said that straying from the criteria to allow exclusions may create problems. Goetten stated that the petitions should be sent out to see where the project stands. She noted that there are properties around Stubbs Bay that need to be sewered immediately. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept staff's recommendation and criteria for the areas to include in the project, areas that are to be notified of the project to determine the desire for optional inclusion and the areas to be excluded. Council will be given the opportunity to make further adjustments on an individual basis. Councilmember Nettles questioned whether Council would use criteria such as proximity to the line, alternative septic sites, acreage, etc. when considering case -by -case adjustments. Mayor Grabek stated that those were valid factors to be considered. Ms. Harren asked that notices be sent to the four Oxford properties abutting Bayside Road. Bernhardson stated that notices would be sent to everyone on Oxford to see if there is any interest. Motion, Ayes -4, Callahan, Nay. Motion passed. SECRETARY POSITION - EMPLOYMENT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the resignation of Theresa • Stahl and authorize the hiring of a person to fill the secretary 16 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 SECRETARY POSITION CONTINUED • position. This employment will be presented at the April 23, 1990 meeting for final approval. Motion, Ayes -5, Nays -0, Motion passed. TEMPORARY CLASSIFICATION CHANGE - PART TIME CLERICAL* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the temporary classification change for Jamie Bosma from Level II ($8.721 per hour) to full time Level IV, Step 1 ($9.795 per hour). To be in effect until the position of secretary has been filled and completed one week of on -duty training. At that time Jamie's classification would revert to part time Level II ($8.721 per hour). Motion, Ayes - 5, Nays -0, Motion passed. LONGEVITY PAY STEP - OFFICER LARRY TOMCHECK Councilmember Goetten asked if it was normal procedure for the officer to ask Chief Kilbo for a pay step. Bernhardson stated that there is nothing improper about this procedure. Chief Kilbo added that the officers sometimes make a request such as this to assure that it is not forgotten. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve the longevity pay step to $16.727 per hour for • Officer Tomcheck. Motion, Ayes -5, Nays -0, Motion passed. CRIME PREVENTION ORGANIZATION Councilmember Nettles stated that a previous reference was made to having at least one Councilmember appointed to the board. He said that it appears there is no opening available. Bernhardson stated that just an Organizing Committee was being formed at this time. The Organizing Committee would complete the incorporation and nominate a Board. If there are no Councilmembers interested in serving on the Organizing Committee, Council can direct that a position be reserved on the Board of Trustees for an interested Councilmember to hold. . It was moved by Councilmember Nettles, seconded by Mayor Grabek, to accept the information presented regarding the Crime Prevention Organization, with the provision that a position be reserved on the Board of Directors for a Councilmember. Motion, Ayes -5, Nays -0, Motion passed. PART TIME OFFICER KARNITZ /PERA RESOLUTION 12792* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2792, declaring that the part -time position held by Richard Karnitz is that of a • - 17 - r > : ,1 B MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • PART -TIME POLICE OFFICER CONTINUED police officer. Motion, Ayes -5, Nays -0, Motion passed. ANNEXATION HEARING DATE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the annexation hearing date. Motion, Ayes -5, Nays - 0, Motion passed. 1990 BOARD OF REVIEW - APRIL 17, 1990* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the 1990 Board of Review scheduled for April 17, 1990. Motion, Ayes -5, Nays -0, Motion passed. AWARD SIREN BID* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to authorize the award of a siren bid to Electric Service Company in the amount of $15,840.00. Motion, Ayes -5, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Bederwood /Little League, DARE Graduation, • LT. Completion of Probation, LOGO Contest, Highway 12 Corridor Meeting, Memo from Deputy Clerk, February Receipts and Disbursements, and Wire Transfers. Motion, Ayes -5, Nays -0, Motion passed. • CITY ATTORNEY'S REPORT: VACATION OF DRAINAGE EASEMENTS AND DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLAT OF RINGERSWOOD RESOLUTION #2793 It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2793 vacating portions of dedicated drainage easements and drainage and utility easements within the plat of Ringerswood. Motion, Ayes -5, Nays -0, Motion passed. LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the following license(s): Septic System Installers: Jerry Johnson Excavating 2445 Morningside Road Don's Backhoe and Excavating 11585 110th Street MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 LICENSES CONTINUED • Patnod Bros Sewer & Water 16551 Lake Ridge Drive Sullivan's Services, Inc. 3660 Highway 101 South Elmer J. Peterson Route 2, Box 226 Motion, Ayes -5, Nays -0, Motion passed. BILLS* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes -5, Nays -0, Motion passed. EXECUTIVE SESSION 9:30 P.M. City Attorney Barrett requested an Executive Session. ADJOURNMENT 9:40 P.M. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 9:40 p.m. Motion, Ayes -5, Nays -0, Motion passed. r r ! • Jam R. Grabek, ayor AT16LST : / • � s thy .'Hallin, City Clerk - 19 - •