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HomeMy WebLinkAbout08-13-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 13, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor James Grabek, Councilmembers Diann Goetten, Barbara Peterson and Edward Callahan. Councilmember Nettles was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron; City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Consent Agenda. Motion, Ayes -4, 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 held July 23, 1990. Motion, Ayes -4, Nays -0, Motion passed. PARK COMMISSION COMMENTS: There were no Park Commission comments. PLANNING COMMISSION COMMENTS: • Planning Commission representative Bellows was present and indicated. that she had no comments at this time. PUBLIC COMMENTS: Karen Cuff, 3572 Livingston Avenue, presented a petition for the City of Orono to undertake a storm sewer project. The petition represented over 350 of the persons in her neighborhood. Ms. Cuff stated that the neighbors are anxious for the project to begin. Mayor Grabek accepted Ms. Cuff's petition. He said, "We will schedule this item for the August 27th Council Meeting." There were no further comments from the public. ZONING ADMINISTRATOR'S REPORT: #1334 REBERS CONSTRUCTION SUGARWOODS PLAT RECONSIDERATION OF CONDI`T'IONS OF PRD APPROVAL City Administrator Bernhardson informed the Council that Mr. Rebers had requested that this item be tabled until the September 10, 1990 Council Meeting. Planning Commission representative Bellows said, "I spoke with Chairman Kelley regarding this matter. He wished to express - 1 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE #1334- REBERS CONTINUED to the Council the Planning Commission's concerns involved with this request and asked that it be monitored closely. He suggested that the resolution allowing any diversion from what the City originally approved be very precise. Chairman Kelley also asked that the Council, in dealing with this matter, once again speak to the developer about the conditions at the corner of Brown Road and Highway 12. The Planning Commission would like to see some kind of plantings or screening around the retention pond." Mayor Grabek asked Bellows what specific concerns the Planning Commission has regarding the recent request. Bellows replied, "We were assured that all trees that were to be preserved would be clearly marked before work began on the site. That is not being done. The Planning Commission is concerned because trees cannot be replaced after - the - fact." Mayor Grabek asked staff to review the concerns raised by Bellows. He asked if the retention pond had been constructed in a manner other than what the developer had proposed. Zoning Administrator Mabusth replied, "The final seeding is lacking from the retention pond area. However, the City did not request the developer to provide plantings. The developer did not provide much detail on the actual retention pond because it • was located within the commercial outlot set aside for future development. The City did not expect the pond to be as large as it is. The final plat approval only specified that the developer provide ground cover around the retention pond. In fact, City staff would discourage the use of plantings along one side because of a sighting problem that may be created." Gerhardson added, "The City has not completed its project along the west end of the pond and that is contributing to the unsightliness of the area." It was, moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this item until the September 10, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. $1473 JACQUELYN KELLY 2056 SHADYWOOD ROAD AFTER -THE -FACT VARIANCE REQUEST TO TABLE Bernhardson explained that due to the pending denial and a discrepancy in the hardcover calculations, the applicant has requested that this item be tabled. Councilmember Callahan noted that this matter was first presented some time ago. He questioned why there is still a 2 - • • t ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE $1473 -KELLY CONTINUED discrepancy in the hardcover calculations. Mabusth replied that it was the applicant's understanding that removal of landscaping would result in a 10% reduction in hardcover. She stated that staff's calculations determined that only a 5% reduction would occur. Mabusth said, "I would like the opportunity to meet again with the applicants to discuss the hardcover. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table application #1473. Motion, Ayes - 4, Nays -0. Motion passed. #1506 CAROL SENN 3220 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #2844* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2844, approving the Plat of Senn Orono Addition. Motion, Ayes -4, Nays -0. Motion passed. #1509 EARL FREEMAN 4505 WATERTOWN ROAD VARIANCE Mr. Freeman was not present. Bernhardson said, "Staff has reviewed the possible actions that the City can take in relation to the free standing accessory structure. We feel that it is appropriate to grant a variance at this point. Staff has determined that since a principal structure did exist on the property and that it was removed by a hazardous building proceeding, we cannot remove the accessory structure because it is a legal non - conforming use. Approval of a variance would allow the City to set the conditions under which the structure can remain." Councilmember Callahan indicated that he would not be in favor of granting such a variance. Mabusth asked City Attorney Barrett whether it would be appropriate to require a conditional use permit to deal with the aspect of the legal non - conforming structure. City Attorney Barlett replied, "The non - conforming use status arises either from the Constitution, because Mr. Freeman has property that we cannot take, or from the recognition of such uses within the City's ordinances. The City has no provision to license non - conforming uses. Granting a variance would provide the City with a negotiating tool to assure that certain improvements on the property occurred." - 3 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE 11509 - FREEMAN CONTINUED Councilmember Goetten asked what deadline had been • established for Mr. Freeman to bring the accessory structure into conformance. Mabusth replied, "June 1, 1991, was the deadline Council established." It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to deny the variance requested in application #1509. Motion, Ayes -4, Nays -0. notion passed. #1528 CONSTANCE & DON SCOTT 2300 LONGVIEW CIRCLE FINAL SUBDIVISION RESOLUTION #2845* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2845, approving the Plat of Longview 3rd Addition. Motion, Ayes -4, Nays -0. Motion passed. #1536 STEVE GARDINER 3770 BAYSIDE ROAD VARIANCES RESOLUTION #2846 Mr. Gardiner was present. Bernhardson presented a summary of the information contained in Michael Gaffron's memo dated August 8, 1990. Councilmember Callahan asked whether the alley vacation is included in this application. Assistant Planning and Zoning Administrator Gaffron replied in the negative, noting that the Planning Commission felt the revised changes are so minor that the alley vacation should be a separate issue. Bellows noted that the location of the garage is such that other issues must be addressed in addition to the alley vacation. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2846, granting side and rear setback variances to construct main floor and second story additions- to the ,property located at 3770 Bayside Road. Mot,ion, Ayes -4, Nays -0. Totion passed. 4 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 11539 DAVE FILRINS • 3905 SHORELINE DRIVE VARIANCE- REVISED REQUEST RESOLUTION #2847 Mr. Filkins was present. Bernhardson explained Mr. Filkins revised proposal, noting that the first option Council approved was the applicant's. He stated that Mr. Filkins discovered that the approved option would not work as well as the option proposed by City staff. Bernhardson also noted that as part of the revised proposal, Mr. Filkins is asking to retain a portion of concrete near the front door. He stated that as a result of the revised plan, the hardcover decrease will be from 53% to 50 %, rather than 460.. Councilmember Callahan asked Mr. Filkins why he had subsequently decided to keep the concrete sidewalk apron. Mr. Filkins replied that he had hoped to provide an alternate method to access the house, but that also did not work as he thought it would. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2847. approving the hardcover, side and front yard setback variances for David Filkins, 3905 Shoreline Drive, as well as a variance for the location of the is garage doors in relation to the property line. Further, Mr. Filkins is allowed to retain the 8' x 11' concrete portion of sidewalk, resulting in a total of 50% hardcover for the property. Motion, Ayes -4, Nays -0. Motion passed. #1551 ROBERT WAADE 998 WILDHURST TRAIL PRELIMINARY_SUBDIVISION RESOLUTION #2848 Mr. Waade was not present. Bernhardson reviewed the information pertaining to this subdivision (See Jeanne Mabusth's memo dated August 7, 1990). Councilmember Callahan noted that development will occur very close to the flood plain. Mabusth stated that a portion of the improved public road will be located-within the flood plain. She depicted for Council where the 931.5'- elevati,�n is located in relation to the proposed lots. She said, "There will be filling behind. the 931.5' line and a retaining wall will be constructed for Lot 3. The structure will be 26' from the defined wetland at the 930' elevation. As the resolution notes, the existing road is located within the flood plain. Should the City decide to upgrade the road, it will be necessary for them to compensate for any filling • - 5 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE 11551 -WAADE CONTINUED that may occur." • It was moved by Councilmember Callahan, seconded by. Mayor Grabek. to adopt Resolution #2848, granting preliminary approval of Wildhurst Estates. Motion, Ayes -4, Nays -0. Motion passed. $1552 STEVEN FOSTER 1800 SHADYWOOD ROAD VARIANCE REQUEST TO TABLE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to table this application until staff can verify whether the revised proposal requires a variance. Motion, Ayes -4, Nays -0. Motion passed. #1553 MIRE PIERCE 480 DEBORAH DRIVE VARIANCE Mr. Pierce was present. Bernhardson presented the information provided in Jeanne Mabusth's memo dated July 11, 1990. He noted that the Planning Commission had recommended denial of Mr. Pierce's request for 7' monuments at the entrance to his property. Mr. Pierce stated that he no longer intends to install • lights on the monuments. He said, "I am asking for the 4' fence because we wish to keep horses and llamas in our front pasture. A 3h' fence would not be adequate to retain the animals. Since the Planning Commission meeting, I have begun planting 18' to 24' pine trees which will totally surround the monuments. This will screen the monuments from the neighbors." Councilmember Callahan noted that Mr. Pierce would only require a height variance if he would opt to place the monuments 100' in from the street. Mr. Pierce indicated that the beneficial if located nearer to the seen many monuments, exceeding 3h' in Orono. Mayor Grabek explained that many prior to revisions in the Zoning Code, grandf athered . monuments would be more street. He said, "I have height, near the roads in of those monuments existed and consequently have been Mabusth advised Mr. Pierce that he may have a fence in excess of 3h' if it is located 100' back from the road. Councilmember Goetten asked Mr. Pierce what materials he intends to use to construct the fence. 6 - , f ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE 11553- PIERCE CONTINUED Mr. Pierce replied, "The fence will be constructed of a white vinyl material." Mr. Bob Biesterfeld, 450 Deborah Drive, stated that he is a member of the Architectural Committee for the Deborah Drive Homeowners' Association. He said, "We are seeing some changes here that were not presented at the Planning Commission. The Architectural Committee was not aware of Mr. Pierce's original plans either. We have submitted a letter to the City stating our objections to this proposal." Mayor Grabek asked Mr. Biesterfeld whether there are specific covenants relating to Mr. Pierce's request that have been filed in the chain of title for the property. Mr. Biesterfeld replied, "Yes it is. It seems to me that the neighborhood association should have some say in this matter since it directly affects them. Ile have a mechanism set up with our Homeowners' Association, which has previously dealt with the Council, that these matters should be handled through the Association first." Mayor Grabek asked City Attorney Barrett for his opinion regarding the City's position in this matter. • Barrett replied,, "The covenants are a private contract which the City has no interest." Mr. Pierce said, "There is no Architectural Committee. It states in our by -laws that once the last piece of property is developed that the Architectural Committee will disband." Mr. Biesterfeld disagreed. Councilmember Peterson asked Bellows whether the fence was discussed at the Planning Commission meeting. Bellows replied, "The fence was mentioned briefly. The discussion focused on the entrance monuments, which we felt were excessive in size." Mabusth added, "The fence was not included in Mr. Pierce's application and was not addressed in staff's memo." Bellows stated that in light of that, there should be no discussion regarding the fence until Mr. Pierce submits an application for a fence. Mayor Grabek said, "There seem to be some discrepancies involved' with the application. I would suggest that Mr. Pierce attempt to work on this a bit more with staff, neighbors and the - 7 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE #1553- PIERCE CONTINUED Planning Commission." • Mr. Pierce said, "I asked for three variances, but the major project I wanted approved was the fence. I don't want to proceed with the monuments until I know whether or not I can have a fence." Mayor Grabek reiterated that Mr. Pierce can have a fence over 3h' tall, but that it must be at least 100' from the street. Mr. Pierce asked what height limit he would have for a fence placed 100' back from the road. Mabusth replied, "The fence cannot exceed six feet. The monuments can also be constructed to a maximum of six feet. However, at a height over six .feet, the entrance monuments are considered an accessory structure. If they are considered an accessory structure, they cannot be in front of the front line of the principal structure." Mr. Biesterfeld asked whether it would be necessary for Mr. Pierce to apply for a variance to construct a shelter for his animals. Mabusth replied, "The structure must meet certain setbacks, but would not require any other variances." • Ms. Ann Heggelman, 510 Deborah Drive, expressed concern about locating the monuments 100' back. She said, "If the monuments are placed 100' back, it would be directly in front of my living room windows on the side of my house." Mayor Grabek asked f4s. Heggelman if she has talked with Mr. Pierce and expressed her concerns directly to him. Ms. Heggelman indicated that she had not spoken to fir. Pierce. Mayor Grabek reiterated his comments regarding the need for everyone to get together to discuss this matter and try to reach a compromise. Ms. Biesterfeld asked why the Council was not asking this matter to first 'be resolved by the Homeowners' Association as they did with the Deborah'Drive speed bump request. Bernhardson replied, "The speed bump issue involved the aspect of liability for the Homeowners' Association for the road. The matter of architectural covenants is entirely different and should be resolved with the assistance of the attorney for the Association." - 8 - • . i � [ ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE 11553- PIERCE CONTINUED Mayor Grabek asked Mr. Pierce what action he would prefer to have Council take. He stated that Council must vote on what has been presented, but that tabling was also an option. Mr. Pierce indicated that his questions had all been answered, but that he preferred tabling to denial. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table application #1553. Motion, Ayes -4, Nays -0. Motion passed. #1556 GERALD NELSON 1629 BOHNS POINT ROAD VARIANCE Mr. Nelson was present. City Administrator Bernhardson reviewed the information regarding the subject property and Mr. Nelson's application (see Michael Gaffron's memo dated August 7, 1990). Mr. Nelson said., "We purchased the house 2z to 3 years after it was built. The areas of excess hardcover referred to by the Planning Commission was already there. I.believe that 775 s.f. was allowed and that is not enough. to provide an adequate driveway. The existing driveway is 1400 s.f. and the walkway to 40 the side door and steps in front of the house bring the total excess to 1800 s.f. I am now asking for a rear entry closet. The alcove and concrete slab for the closet already exists. We are just asking for permission to put up an additional wall and a section of roof. It is my understanding that we exceed what is allowed in the 75 -250' zone by 5%. However, in the 250 -500' zone we have nothing. It seems to me that our request is fairly insignificant. I'm not asking to increase the existing hardcover." Mayor Grabek asked staff whether the alcove had been included on the original building plans. Gaffron stated that the alcove was not included on the original building plan. He showed Council a sketch of the original plan and depicted the areas where hardcover was originally proposed and allowed. Councilmember Goetten stated that she is sympathetic to Mr. Nelson because the hardcover situation that exists was not his doing. She said, "However, I have taken a consistent position on the issue of structure over hardcover. There does not appear to be a real hardship in this case." Mr.' Nelson replied, "The hardship is that there is no other location for the closet because the house extends as far toward • ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE #1556- NELSON CONTINUED the side yard as allowed." • Goetten stated that it is sometimes necessary to stay within the confines of the structure when large houses are constructed on limited lots. It was moved by Mayor Grabek to approve the hardcover variance to allow the construction of a rear entry closet. The motion failed due to a lack of a second. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to conceptually deny application #1556 and direct staff to prepare a denial resolution for the August 27, 1990 Council Meeting. Mayor Grabek believed that denying the enclosure of an existing area, 7' x 10', is extreme. Motion, Ayes -3, Grabek, Nay. Motion passed. 1557 MIRE CULLEN 2700 PHEASANT ROAD VARIANCE RESOLUTION #2849 Mrs. Cullen was present. Bernhardson provided a summary of the information in Michael Gaffron's memo dated August 8. 1990. Gaffron asked Mrs. Cullen whether it is their intention to • have a fence around the pool. Mrs. Cullen replied, "There will be no fence anywhere on the property." It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2849,- approving the hardcover and average setback variances to construct a pool and patio at 2700 Pheasant Road. Motion, Ayes -4, Nays -0. Motion passed. #1563 MAURENE & JERRY DENZEL 1295 ELM11OOD AVENUE VARIANCE RESOLUTION #2850 Mr. and Mrs. Denzel were present. Bernhardson. and Mabu "sth explained the Denzel's application. Mabusth noted that the Denzels have discussed the driveway use of the unimproved right -of -way of Summit Avenue for access with the Public Works Director. She said, "The Public Works Director sees no problem -with this arrangement provided certain- agreements are executedibetween the parties." 10 - , ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE 11563- DENZEL CONTINUED Mabusth also noted that in lieu of removing 1.490 of hardcover, the Planning Commission recommended that the fire lane, which the applicants maintain and improved significantly with plantings, be credited in the area calculations of the property. Mabusth stated that this specific area of fire lane is in excess of 2,000 s.f. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2850, granting the side yard setback, average lakeshore setback and hardcover variances to construct additions to the residence at 1295 Elmwood Avenue. Motion, Ayes -4, Nays -0. Motion passed. #1564 JOANN GRIMES 4720/4730 NORTH ARM DRIVE SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2851 Ms. Grimes was present. Bernhardson briefly explained the information pertaining to this application (see Michael Gaffron's memo dated August 3, 1990). It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2851, approving a metes and bounds subdivision of a lot line rearrangement for Joann Grimes and James Hoffman at 4720 and 4730 North Arm Drive West. Motion, Ayes -4, Nays -0. Motion passed. #1566 DR. & MRS. THOMAS REGNIER 1205 ELMWOOD AVENUE VARIANCE RESOLUTION #2852 Dr. Regnier was present. Bernhardson provided a brief summary of the information contained in Michael Gaffron's memo dated August 7, 1990. Dr. Regnier asked whether he could replace the existing section of fence by the garage once he removes that section. Gaffron replied, "You could replace what now exists with a section no more than 3�' high. There may be a sight distance problem if a fence is placed where the fencing currently exists. If you decide to put a, fence in that location, staff could work with you to see what can be done." It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2852, approving a side street setback variance to construct additions to the existing residence at 1205 Elmwood Avenue. Motion, Ayes -4, - 7.1 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE #1566- REGNIER CONTINUED Nays -0. Motion passed. #1567 ROBERT & LOUANN POWELL 2916 CASCO POINT ROAD VARIANCE RESOLUTION #2853 Mr. Powell was present. City Administrator Bernhardson provided a brief summary of Michael Gaffron's August 7, 1990 memo. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2853, approving the average setback and hardcover variances to construct a deck on the lake side of the residence at 2916 Casco Point Road. Motion, Ayes -4, Nays -0. Motion passed. #1568 JAMES & JUDITH PIERPONT 1801 WEST FARM ROAD CONDITIONAL USE PERMIT /VARIANCE RESOLUTION 2854 Bernhardson presented Council with a brief review of this application. He noted that staff has recently learned that Lot 14 has the principal and alternate septic sites to serve the structures on Lot 15. Bernhardson stated that the Pierponts are purchasing Lot 14 under a 7 year Contract for Deed, which will preclude a legal lot combination from occurring at this time. He said, "This would pose a problem should the terms of the Contract for Deed be terminated." Mrs. Pierpont said, "There is no question that we intend to combine the properties when we are able to do so. We would like to put the access driveway on Lot 14." Mabusth questioned whether the City Attorney could recommend a method to provide the City with assurance that the lots cannot be separated in the future until a legal lot combination can occur. Barrett stated that it would be necessary to have the fee owner of Lot 14 execute whatever agreement is used. Councilmember Callahan asked how the septic system came to be located on Lot 14 rather than the Lot with the principal structure. Gaffron replied, "The subdivision involving this property was done before the Septic Code went into effect in 1978. Prior to 1978. a review of septic system locations in relation to property +lines was not included in the subdivision process." - 12 - 0 ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 • ZONING FILE #1568- PIERPONT CONTINUED Callahan noted that Mabusth's memo states that the guest house /stable structure would have to be removed if Lot 14 is not combined with Lot 15. He said, "In light of information we received pertaining to another application this evening, I do not believe we can require removal of the structure." Barrett said, "The City could grant a permit based on the existence of certain health and safety structures, such as access to the septic system." Callahan agreed that Barrett's comments would hold true for now. He said, "If in the future, the property owners wish to subdivide and sell Lot 14, the structure we are discussing this evening should be removed." Bellows said, "If the property owners request a subdivision of the property, the guest house structure and septic needs would be addressed under the subdivision regulations." Bernhardson suggested tabling this matter to allow time for staff to explore available options. Mayor Grabek asked Mrs. Pierpont if tabling this matter for two weeks would pose any problems. is Mrs. Pierpont replied, "There is a timing problem. We wish to complete the guest house so that we may reside in it while we remodel our house. I have a contractor ready to start on Monday." Bellows asked whether staff has explored the option of locating an additional septic site on Lot 15. Gaffron stated that staff has not looked at that option, but based on topography, would probably be difficult. Mayor Grabek asked whether there are any other unresolved issues involved with this application. Mabusth replied, "There are none. In fact staff has determined that footings do in fact exist under the stable. Prior to the Planning Commiss.ion meeting, staff had been advised that the footings did not exist. The Planning Commission recommendation was based -on that incorrect information." Mayor Grabek suggested that staff be allowed to attempt to resolve the lot combination issue without the need to bring the matter back to Council. He said, "If there is a satisfactory solution, you may proceed with construction. However, should difficulties arise, the matter will have to come back to Council • in two weeks." - 13 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE #1568 - PIERPONT CONTINUED • Mrs. Pierpont stated that Mr. Tim Adams is the fee owner of the property. She said, "Mr. Adams has been very supportive of this project and wants to see it proceed." It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2854, granting a conditional use permit and separation setback, side yard setback, and street setback variances, subject to a satisfactory resolve of the lot combination issue between all parties involved. If the parties are unable to reach a mutual agreement, the application must come back to the August 27th Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. Councilmember Goetten asked that staff inform Council of any decision that is made. #1569 SAM MCCLOUD 4280 BAYSIDE ROAD VARIANCE RESOLUTION #2855 Mr. McCloud was not present. Mabusth stated that it was her understanding that Neal Weber, the applicant's Architect, intended to be present, but had not yet arrived. Bernhardson summarized the information contained in Jeanne Mabusth's memo dated July 13, 1990. He noted that the applicant's have revised their plan from a ten bedroom house to an eight bedroom house in order to address the septic concerns. is He said, "An eight bedroom structure will only require one principal and one alternate septic site." Callahan asked how access to this property is achieved. Mabusth replied, "There is a 60' easement for access to this parcel from the adjacent parcel." It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2855, approving the front street setback variance to construct a residence at 4280 Bayside Road. Motion, Ayes -4, Nays -0. Motion passed. PUBLIC FACILITIES - DIRECTIONS FOR ZONING Bernhardson said. "This is a follow up to our earlier discussions regarding public facilities and the zoning of such facilities. My memo outlines various issues that may stem from locating other governmental units within the community. I have tentatively scheduled atmeeting for August 22, 1990 at 4:00 p.m. Once I have confirmed that date and time with the City of Wayzata, I will provide written notice to you." Councilmember Callahan suggested tabling this matter. I It was moved by Mayor Grabek, seconded by Councilmember . - 14 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 • PUBLIC FACILITIES - DIRECTIONS FOR ZONING CONTINUED Peterson, to table this item until the September 10, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. WETLANDS PROTECTION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented by staff and table this item to the September 10, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. HARDCOVER - PROTECTION AND ENFORCEMENT City Administrator Bernhardson said, "I am presenting this information for your review this evening. You may wish to table this matter to provide additional review time." It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to accept the information and table this item until the September 10, 1990 Council Meeting. Motion, Ayes - 4, Nays -0. Motion passed. CITY ENGINEER'S REPORT: PUMP HOUSE - BID AWARD Bernhardson presented a request for a bid award for the well #3 pump house located on Highway 12. He said, "The low bid is $208,440.00. We are requesting approval of an additional • $2,900.00 which will allow the use of metal for the roof rather than wood shingles. The total amount of $211,340 is below the City Engineer's estimate. Test pumping has been done for well #3 and the results today were 1,100 gallons /minute. At this time we are only intending to install a 500 gallon well." • It was moved by Mayor Grabek, seconded by Councilmember Callahan, to award the bid for the well pump house for well #3 to Richmar Construction Company for an amount of $211,340.00, which price includes the option of the pre- formed metal roof for the mansard roof in place of the wood shake shingles. Motion, Ayes -4, Nays -0. Motion passed.. LIFT STATION #8 RENOVATION Bernhardson presented information regarding the renovation of Lift Station #8. He said, "We included approximately $65,000.00 in the budget to renovate this lift station. Staff recommends awarding the bid to Northwest Mechanical Inc., for an amount not to exceed $48-;000.00." It was moved by Mayor Grabek, seconded by Councilmember Goetten, to award the bid for renovation of Lift Station #8 to Northwest Mechanical Inc. for an amount not to exceed $48,000.00. Motion, Ayes -4, Nays -0. Motion passed. 4 =90= ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 PAY REQUEST #4 - WELL #3* • It was moved by Councilmember. Callahan, seconded by Councilmember Peterson, to approve pay request #4 to Keys Well Drilling Company for well #3, in the amount of $6,692.75. Motion, Ayes -4, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: HIGHWAY 12 CITIZEN GROUP Bernhardson presented the questionnaires and resumes of those persons interested in serving on the Citizens Task Force for Highway 12. He said, "It was felt that it would be best for each Councilmember to choose between four and six nominees. Staff would take the top four nominees and ask them to attend the August 27, 1990 Council Meeting to be interviewed." Councilmember Goetten indicated that six nominees would be too many. She suggested that four would adequate. It was the consensus of Council that they would select four nominees and that the top four persons would be asked to attend the Council Meeting August 27, 1990 to be interviewed. No formal action was taken. OTHER Councilmember Peterson stated that Co with the brief Budget Summary from the Communications Commission. She said, questions regarding the budget, I would would let me know prior to the August meeting." CITY ADMINISTRATOR'S REPORT: until Lake "If appz 21st has been provided Minnetonka Cable • Council has any -eciate it if you Cable Commission TRANSPORTATION CONSULTANT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to table this item until the August 27, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. HIGHWAY 12 CORRIDOR Bernhardson referred to his memo dated July 26, 1990 which provides information regarding the upcoming meetings for the Technical and Policy Committees. Council accepted the information presented and took no formal action. FACILITIES CITIZENS REVIEW COMMITTEE Bernhardson requested that a meeting be scheduled for August 22nd at 7:30 p.m. for Council to meet with the Facilities Committee to discuss the progress on their report. • 16 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 . FACILITIES CITIZENS REVIEW COMMITTEE CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Goetten, to establish August 22, 1990 at 7:30 p.m. as the date and time to meet with the Facilities Committee in the Council Chambers. Motion, Ayes -4, Nays -0. Motion passed. BOW AND ARROW HUNTING Bernhardson said, "Chief Kilbo had approached me regarding his concerns about bow and arrow deer hunting. Over the last 3 years there have been only 5 takes a year. The number of road kills have been 20 to 25 deer per year. In order to control the process and address our concerns about safety, the City limited the number of sites and the number of hunters per site. Staff was involved with allocating time slots for the hunters. Chief Kilbo believed that because of the low number of kills the City may not need to be so involved. We have received letters from the Butterfield and Dumas families requesting that the City continue to allow bow and arrow hunting (see Loren Butterfield's letter of August 10, 1990 and Kathryn Dumas's letter of August 10, 1990). Staff is recommending that we continue to allow hunting this year without limiting the number of sites. Persons requesting that hunting be allowed on their property must be able to demonstrate a problem with the deer. The City will not regulate the numbers of hunters on each site. That will be left to the discretion of the property owner. The City will continue to issue a license to each hunter." • A person in the audience stated that allowing more hunters would defeat the purpose. He said, "The deer will become nocturnal which will make it increasingly difficult to hunt them. The problem will only get worse. I believe that the present policy of allowing one hunter for every ten acres will be more successful." Bernhardson replied, "It will be up to the property owner to decide how many hunters he /she will allow. If the situation gets out of hand, obviously the City will have to step in." The person in the audience said that the 5 deer per year taken by bow hunters, resulted in an 18% success rate when compared to the number of licenses issued. He stated that 18% is the average State success rate for bow hunters. Another interested person asked whether this change in policy will apply to private property as well as the commercial properties such-a Dumas fipple House and Butterfields. Bernhardson replied, "In the past we have allowed hunting to occur on properties with a demonstrated problem with deer. That does not-apply to crops only and would not change. 4 Goetten asked whether there should be any concern, from a - 17 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 BOW AND ARROW HUNTING CONTINUED safety aspect, about allowing property owners to determine the number of hunters on their property. Bernhardson replied, "If Council does not feel. this is appropriate, the City can continue as it has in the past. Staff felt we could try this other method." The other interested person said, "I believe that the individual property owners will take precautions in the number of hunters they allow. Most prefer not to have numbers of hunters walking through their property. The property owners will be concerned for the safety of their families and personal property." The owner of property on Highway 12 and County Road 6 indicated that the deer are causing problems for his pumpkin crop. He stated that he has only a 5 acre parcel and questioned whether he would be allowed to have hunters on his property. Bernhardson replied, "I believe in the past we required a minimum of 5 acres and then allocated 1 hunter for every ten acres. The purpose of the acreage restriction was to alleviate the possibility of hunting in more densely populated areas." Ms. Carol Senn stated that she has had problems with hunters trespassing on her property. • Mr. Loren Butterfield stated that as many as 14 deer have been sighted in a group. He said, "It has become a real problem. We do not wish to totally eliminate the deer population. We only want to reduce the amount of over grazing of crops." Peterson asked whether a maximum number for hunters allowed or deer taken on a given property will be established. Bernhardson replied, "Our proposal does not establish any limitations other than those required for licensing." It was moved by Mayor Grabek, seconded by Councilmember Peterson, to allow individual property owners to establish the number of bow and arrow hunters they will allow on their properties. The Orono Police Department will continue to monitor the situation. Motion, Ayes -3, Goetten, Nay. Motion passed. Goetten.indicated that she is concerned about safety and the City relinquishing its controls. OCTOBERFEST Bernhardson presented his -memo outlining the items related to participation by the City at the Octoberfest (see Mark BernharAon's memo dated August 10, 1990). He said, "The City of Orono has been asked by the Orono Schools to participate in the 18 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 • OCTOBERFEST CONTINUED fund raising for the Octoberfest. The School has specifically requested that the City participate in the purchase of a banner for the event. Staff is recommending that the funds for the banner be donated to the School and that the School purchase and display the banner." Mayor Grabek added, "I have learned, that should the donation be approved, it may not be possible to put a banner across Highway 12 as originally proposed. The Committee has suggested that whatever funds are raised be used to design and construct a large, 8' x 12' painted sign that can be used year after year. The sign would be placed at the intersection of Highway 12 and Old Crystal Bay Road. City staff would assist with the placement of the sign to assure that it meets all requirements and does not pose any sight problems." It was moved by Councilmember Peterson, $350.00 to the Orono Octoberfest. The sign, approved by City staff. abstained. Motion passes Councilmember Goetten, seconded by to approve a donation of $250.00 to Schools for a sign announcing the and its proposed location, are to be Motion, Ayes -3, Nays -0, Mayor Grabek 1988 BUILDING CODE ORDINANCE W, SECOND SERIES Bernhardson presented an ordinance for Council's review and • adoption which provides for the inclusion of the currently revised Minnesota State Building Code. Bernhardson noted that inclusion of the revised Building Code will not result in any changes to the existing fee schedule. is Councilmember Callahan asked whether the revised Building Code clarifies the gray areas involved with structure heights. Mabusth said, "The Building Code does make reference to structure heights as does the City's Zoning Code." Callahan asked whether it would be possible to revise the Building Code to more specifically address the issue of structure height. Mabusth replied, "It is a long, tedious process that must be undertaken to amend the Minnesota State Building Code. The Building Code is amended by Public Hearings that occur at the annual ICBO convention. 'If we.wished to amend the height element of -the Building Code we would have to send our Building Inspector to the convention. However I believe that we could address your concerns by clarifying the City's Zoning Code." Callahan asked what steps he would have to take to have the Zoning Cdde revised. - 19 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 1988 BUILDING CODE ORDINANCE CONTINUED • Gaffron replied, "You would simply need to direct staff to prepare an amendment to the Zoning Code." It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Ordinance #87, Second Series. Motion, Ayes -4, Nays -0. Motion passed. LAKE USE MANAGEMENT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented by staff. Motion, Ayes -4, Nays -0. Motion passed. LMCD SHORELAND REGULATIONS AGREEMENT It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this item. Councilmember Callahan indicated that he did not favor joining in the Shoreland Management Agreement at all. He said, "I do not believe that the LMCD should be acting as a facilitative agency for the DNR. I believe the City will have better results if it deals with the DNR directly. Mr. Gabriel Jabbour said, "I addressed that particular issue to the LMCD at the Public Hearing. Their response was that they would like to act as an advisor to City staff. If that is the case, I do not understand why they are generating this ordinance. The LMCD claims that they have no intention of regulating the shore, they would like to give the cities input." Callahan stated that he is not in favor of that. He said, "When • I attended the meeting, I understood the DNR to say that they thought the LMCD plan was a good one. They felt that it would assist them in implementing regulations that, up until now, they have been unable to do." Mr. Jabbour said, "I would like the City of Orono to take a stronger position and will not leave the shoreland regulation in the hands of the -LMCD or the DNR." Motion, Ayes -4, Nays -0. Motion passed. PARK DEDICATION City Administrator Bernhardson presented information outlining the objections and issues expressed in a letter received from Mr. VanEeckhout. He said, "It is my recommendation that Council accept this information and refer it to the Park Commission for their recommendation. Staff would prepare a letter to Mr. VanEeckhout indicating that Council has accepted his letter and referred it to the Park Commission." It was moved by 'Mayor Grabek, seconded by Councilmember Callahan, to refer this matter to the Park Commission and table it until the Park Commission's recommendation is received. Motion, Ayes -4. Nays -0. Motion passed, • - 20 - L • • { ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 • 1991 BUDGET PROCESS Bernhardson presented Council with information regarding the 1991 Budget. He said, "The 1991 Budget and maximum levy must be adopted by September 1. We do not have the budget information, but setting the budget does not restrict the maximum or minimum at this time. Setting the levy does set a maximum that we would use at the Public Hearings in November and December. This evening Council could either indicate whether the proposal for a maximum levy before you is acceptable. Staff would bring that back in the form of a resolution together with the budget. It would be my recommendation that we set a date late in September or early October for a budget workshop. This would be in advance of the November /December Public Hearing." Psayor Grabek asked whether Council preferred to table this until August 27th or vote this evening. It was the consensus of Council that a vote could take place this evening. It was moved by Mayor Grabek, seconded for the purpose of discussion by Councilmember Callahan, to adopt the maximum levy and budget as recommended by staff. Callahan said, "Mark's memo includes information regarding whether or not there should be special assessments or a special levy. I am not prepared to vote on that portion of the budget this evening." Bernhardson stated • that a combination of the general fund levy and the special assessments would constitute the maximum levy." Callahan suggested that this be tabled until Councilmember Nettles is present. Councilmember Callahan withdrew his second. Motion failed for lack of a second. It was moved by Councilmember Callahan, seconded by Councilmember Peterson{ to table this matter until the August 27, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. 1991 LMCD BUDGET Bernhardson said, "This is being presented for the purpose of generating. Council's comments regarding the LMCD budget. Those comments would then be submitted to the LMCD. If Council has no comments or concerns regarding the budget, they can approve it this evening." Councilmember Callahan suggested that Council object to the budget and that a letter be prepared setting forth the objections. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that the Lake Management Committee, or other source, prepare a letter for Council's review at the August 27th Meeting, setting forth objections to the LMCD 1991 Budget. • Mayor Grabek said, "It seems to me we would be cutting off our 21 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 1991 LMCD BUDGET CONTINUED • nose to spite our face. It is my understanding that a portion of this budget is for technical staff to assist the LMCD with the formulation of the Management Plan." Councilmember Goetten said, "I believe that the cities can opt to omit that from the budget." Bernhardson said, "That would be the area to omit if we wish to reduce our portion of the budget." Councilmember Callahan said, "I believe that the activities in which the LMCD intends to engage itself are not items which I believe should be funded. I believe the LMCD is going to create problems - for itself by continuing to accept funds from the DNR as well. It seems to me that the LMCD is going to become nothing more than a mouthpiece for the DNR." Bernhardson noted that he would ask Representative Hurr to attend the August 27th Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. COUNCIL SALARY ADJUSTMENT Bernhardson stated that Council is required to make any salary adjustments in advance of the upcoming election. He said, "If it is Council's desire to adjust the current salaries, we would include that in the budget." Mayor Grabek said, "The word 'volunteer' encompasses service to your City. If this position were a full time job on which families and standards of living were based, I believe that annual increases would be warranted. I don't believe that this • kind of commitment is worthy of an increase." It was moved by Mayor Grabek, seconded by Councilmember Peterson, to maintain the same salaries for Council that currently exist. Motion, Ayes -4, Nays -0. Motion passed. TRANSIENT MERCHANT Bernhardson presented an ordinance which more clearly defines and limits transient merchants for Council's consideration. Mayor Grabek read the three revisions that would be incorporated in the Transient Merchant Ordinance. Councilmember Goetten amendment would affect the markets. Bernhardson replied',. ""I in'the past." " Mayor Grabek believed such organizations that they questioned how this ordinance ability of churches to have flea don't believe we have addressed that that due to the non - profit aspect of would not be affected. Goetten asked that staff review that aspect of the ordinance. • - 22 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 • TRANSIENT MERCHANT CONTINUED Mr. Al Penke. Route 2, Box 223, Cokato, said, "I believe that the revisions are inconsistent with my legal right to do business within the City of Orono." Mrs. Penke asked, "Has the City notified other entities involved in this type of activity that would be affected by this amendment ?" Bernhardson replied, "We have only notified those entities that have expressed an interest in receiving information. Those entities include the Penkes and the Westonka Chamber of Commerce." Mrs. Penke requested that Council consider tabling this matter to allow more time for the City to notify all parties that will be affected. Mayor Grabek asked Mrs. Penke to provide staff with a list of entities she believes would be affected by this amendment. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this item until the August 27, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. • 1989 FINANCIAL REPORT Bernhardson noted that Council had previously tabled this item. He asked Council whether they had any questions or concerns regarding the report. -It, was the consens >us of Council that they had no further questions or concerns regarding the 1989 Financial Report. Council took no formal action'. 1990 POLICE LABOR CONTRACT Bernhardson said, "I am presenting this for discussion because there is one change from what had previously been presented to you. We currently have a maximum carry -over of 112 hours from one calendar year to the next under our Personnel Rules. The Officers have requested 120 hours. I would recommend that change because it is the equivalent of three, five -day weeks." It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the 1990 Police Agreement as presented. Motion, Ayes- 4,-Nays -0. ±Motion passed. SUB - RECIPIENT C.D.B.G. YEAR XVI* It was moved by Councilmember Callahan, seconded by_ Councilmember Peterson, to approve entering into the subrecipient agreement with Hennepin County for Community Development Block • Grant funds for Year XVI and to authorize the Mayor and City 23 - t ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 SUB - RECIPIENT C.D.B.G. YEAR XVI CONTINUED Administrator to sign the agreement. Motion, Ayes -4, Nays -0. • Motion passed. BARRY RATHBUN - SALARY INCREASE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adjust maintenance worker Barry Rathbun's hourly rate to $12.00 per hour effective July 6, 1990 with a review in October, 1990. Motion, Ayes -4, Nays -0. Motion passed. RANDY O'BRIEN - SALARY INCREASE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adjust maintenance worker Randy O'Brien's hourly rate to $12.00 per hour effective July 13, 1990, with a review upon certification in sewer and water maintenance. Motion, Ayes -4, Nays -0. Motion passed. SEMI - ANNUAL RECYCLING REPORT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the Recycling Report for the first half of 1990. Motion, Ayes -4, Nays -0. Motion passed. CASCO AVENUE DRAINAGE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information provided regarding 3779 Casco Avenue and the private solution to remedy • the drainage problem. Motion, Ayes -4, Nays -0. Motion passed. STUBBS BAY SEWER* It was moved by Councilmember Callahan, seconded. by Councilmember Peterson, to accept the information presented by staff regarding Stubbs Bay sewer. Motion, Ayes -4, Nays -0. Motion passed. ASSESSING SERVICES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to concur in the termination and that they table this item for further consideration until the August 27, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion passed. ELECTION JUDGES APPOINT - RESOLUTION #2856* It was moved by Councilmember Callahan, seconded by Councilmember 'Peterson,-,.to adopt Resolution #2856 appointing election judges. for the 'Primary Election to be held on September 11, 1990. Motion., Ayes -4, 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: Advisory Board Selection Process • - 24 - ..i..+ t A . ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ADMINISTRATOR'S INFORMATION CONTINUED Guidelines, Administrator's Vacation, Goal Setting, June Receipts and Disbursements, Wire Transfers, Corn Days Parade. Motion, Ayes -4, Nays -O. Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report for this meeting. LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the following license(s): Home Occupation: North Shore Roofing & Exteriors, Inc. 3980 North Shore Drive Motion, Ayes -4, 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 -4, Nays -0, Motion passed. ADJOURNMENT 9:19 P.M. It was moved by Mayor Grabek, seconded by Councilmember • Peterson, to adjourn the Regular Council Meeting at 9:19 p.m. Motion, Ayes -4, Nays -0, Motion passed. All Jam s R. Grabek, ATT thy 14. ilin, City Clerk - 25 -