Loading...
HomeMy WebLinkAbout04-12-1993 Council Minutes• x MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 :�O1>i 1111 The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Gabriel Jabbour and Charles Kelley. JoEllen Hurr arrived at 7:42 p.m. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, City Attorney Kevin Staunton, and City Recorder Teri Naab. Charles Schroeder was present to represent the Planning Commission. Mayor Callahan called the meeting to order at 7:32 P.M. ( * #1) PROCLAMATION HEALTH FAIR 11 — RESOLUTION #3255 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3255 proclaiming Health Fair 11 Day. Ayes 4, nays 0. Mayor Callahan explained the event and read the proclamation • resolution. He congratulated the Orono students graduating from the DARE program and thanked the Police Department for their help with the program. ( #2) CONSENT AGENDA Mayor Callahan added Items #1 and 17. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( * #3) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular Council meeting held March 22, 1993. Ayes 4, nays 0. It was moved by Jabbour, seconded by Hurr, to reconsider approval of the March 22, 1993 minutes. Ayes 5, nays 0. Hurr noted she was misquoted on Page 15, Paragraph 1, and asked that the second sentence of that paragraph be deleted. It was moved by Jabbour, seconded by Hurr, to approve the minutes of the regular Council meeting held March 22, 1993 as amended. Ayes 5, nays 0. 1 L� MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ZONING ADMINISTRATOR'S REPORT ( #4) #1298 VACATION OF FOREST BOULEVARD - RESOLUTIONS #3256- #3262 Hurr arrived at 7:42 p.m. Mabusth explained this application has been under consideration over the past 5 years. Last month the Council approved the vacation application for the Ryans (one of the original 10 applicants). The first phase of the vacation of Forest Boulevard for eight property owners was approved by Council in May of 1988. During the second application Nelson questioned the issue of access to his property. At the time the City vacated Oak Place, it failed to maintain access to Nelson's residence and an easement over sewer lines. Easements will now be necessary over four properties, of which one owner is not willing to grant such easement. It is recommended Council approve vacation of the remaining parcels Included in this application as the vacation will have no impact on the Nelson situation. Jabbour questioned why the process has taken so long and encouraged staff to expedite the process. • Mabusth stated this issue is not in the hands of staff, but rather a legal matter. It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolutions vacating an unused portion of Forest Boulevard within the plat of Saga Hill Revised as follows: #3256 Kellen, 1435 Park Drive; #3257 Hodges, 1447 Park Drive; #3258 Frieler, 1331 North Arm Drive; #3259 Denzel, 1295 Elmwood Avenue; #3260 Perkins, 1265 Elmwood Avenue; #3261 Howells, 1423 Park Drive; and #3262 Regnier, 1205 Elmwood Avenue. Ayes 5, nays 0. ( * #5) #1771 JAMES MARKOE, 340 NORTH ARM LANE - FINAL SUBDIVISION - RESOLUTION #3263 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3263 for Application #1771 James Markoe, 340 North Arm Lane, approving the plat of Markoe Addition. Ayes 4, nays 0. ( * #6) #1781/ 01782 DAVID CARLSON, 620 BIG ISLAND - VARIANCE /CONDITIONAL USE PERMIT - RESOLUTION #3264 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3264 for Applications #1781/ #1782 for David Carlson, 620 Big Island, approving a variance to allow a seasonal dwelling to be constructed in front of the average Lakeshore setback line and a conditional use permit to allow such construction within the flood plain. Ayes 4, nays 0. 2 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ( * #7) #1783/ #1784 DAVID CARLSON, 610 BIG ISLAND - VARIANCE /CONDITIONAL USE PERMIT - RESOLUTION #3265 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3265 for Applications #1783/ #1784 for David Carlson, 610 Big Island, approving a variance to allow a seasonal dwelling to be constructed in front of the average setback line, and a conditional use permit to allow such construction within the flood plain. Ayes 4, nays 0. ( * #8) #1785 DAVID CARLSON, 610/620 BIG ISLAND - FINAL SUBDIVISION - RESOLUTION #3266 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3266 for Application #1785 for David Carlson, 610/620 Big Island, approving the plat of Island Pointe. Ayes 4, nays 0. • ( * #9) #1795 LUANN WALTERS, 3800 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT - RESOLUTION #3267 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3267 for Application #1795 for LuAnn Walters, 3800 Wayzata Boulevard, granting a conditional use permit for a day care use. Ayes 4, nays 0. ( #10) #1804 MICHAEL REVIER, 2691 ETHEL AVENUE - VARIANCE - RESOLUTION #3268 Mabusth explained the applicant seeks an average lakeshore setback variance for a proposed house to be located completely in front of the average Lakeshore setback line, which has been determined based on an adjoining lot that is platted with a narrow corridor to the lakeshore. The former residence located on the property was also in front of the average setback line. She reported Mr. Amundson, the most impacted, neighbor, has no concerns. She indicated that in a recent conversation with Mr. Kauffman, neighboring property owner to the southeast across the narrow corridor lot, that if his house were used to determine the average setback line there would be no need for the variance. Mr. Kauffman had concern about the proximity of the proposed driveway to the lot line, and the applicant has • proposed plantings along the lot line to screen the drive. The Runkles, adjoining property owners to the north of the subject lot, are in strong opposition to the project. 3 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ZONING FILE $1804 - CONT. Rollie Crawford, attorney for Mr. and Mrs. Runkle, expressed that his clients are in opposition to the variance. He testified that the ordinances are in place to protect citizens, and the Courts will uphold that principle. He continued that the Courts however will uphold variances to such if certain criteria is met. Variances cannot be granted due to self imposed hardships or for economic, aesthetic or design reasons. He submitted that if the ordinance were upheld the property would not be rendered useless. He presented that the former home was setback substantially on the lot and the applicant was aware of the ordinances at the time of purchase of the lot. He said the applicant requests approximately a 100' variance, which Is not incidental but rather a major variance. He felt the intent of the ordinance is to protect the lake views of existing residences and that it would be best to locate the home as far back as possible on the property. He submitted that the impact on the Runkle home will be substantial as the proposed residence will tower above their home. He said this variance violates the planning policies of the City and past • Supreme Court decisions. The Zoning Administrator has suggested a possible hardship may be the additional grading and excavation needed elsewhere on the property. He felt this was not an acceptable hardship as the previous home was located further back on the property. He recommended denial of•the variance or revision to the proposal to minimize the impact. Mayor Callahan stated three Council members were present at the Planning Commission during the initial review and heard comments from the Runkles. Amundson said this proposal allows him better views than with the previous home. He stated following the Planning Commission meeting, the Runkles made no attempt to contact him for a meeting. He questioned if this issue is so important to them, why they would not make an attempt to contact him. Mabusth noted at the time the Kauffman residence was built, the former residence on this lot was used to draw the average setback line rather than the Amundson home. If the Amundson home site was used, the Kauffman house would have been located in front of the average lakeshore setback line. Hurr inquired about the extent of the variance. Mabusth suggested the 100' variance from the average setback line is to the front of the residence, and the proposal meets the 75' lakeshore setback. 4 CJ MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ZONING FILE #1804 - CONT. Hurr said she could not support a variance to this degree. Mabusth explained that up until 5 or 6 years ago, lots with platted corridors were not considered when determining average setback lines. Jabbour felt the corridor platted to the lake renders the entire lot unbuII dab le. He stated that by today's standards the City would never plat a lot like 2697 Ethel Avenue with a platted corridor to the lake. The former platting creates the hardship. He felt the ordinance intends to protect the views of adjacent properties, and those most affected do not have a problem with the proposal, and the contour of the lake makes this proposal totally outside of the parameter of the Runkle house. He added the applicant is trying to build at a 943 -950' elevation, and if they are forced to adhere to the average setback ordinance, they would push the house to be built at a 960' elevation which would increase the elevation by • 15'. Mabusth reiterated the Planning Commission felt that they must deal with the current view situation, and as there are no view windows In the Runkle home that are adjacent to this lot as this area of their house is a garage. The Planning Commission found there was no impact on lake views from windows of the residence. Goetten stated she was surprised they were using the platted corridor lot to determine the average setback line. She felt they were not denying or diminishing the views of the Runkles. Kelley felt this is a buildable lot and the line should be drawn using the Kauffman house. He noted the ordinance was written to protect the views of adjacent properties and this proposal does that. It was moved by Goetten, seconded by Kelley, to adopt Resolution #3268 for Application #1804 Michael Rev Ier, 2691 Ethel Avenue, approving an average lakeshore setback variance for a new residence. Hurr requested the resolution address the plantings along the lot line screening the drive. is Mabusth stated on what grounds would we require this condition as the variance has no impact on the Kauffman view windows. 5 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ZONING FILE #1804 — CONT. Mayor Callahan clarified that the applicant has agreed to plant the shrubs or trees along the east side lot line. Revier stated he agrees to the plantings and does not object to inclusion of such in the resolution. Goetten amended her motion to include a statement in the resolution regarding the installation of trees along the lot line screening the drive. Kelley seconded. Ayes 4, nays 1. Hurr voted nay. ( #11) FOREST ARMS ASSOCIATION - SILTATION PROBLEM Mr. Norman and Mr. Lange were present. Gaffron explained the Homeowners Association is currently working with the LMCD trying to adjust two slips of their joint use dock in order to use them. These slips have been rendered unusable due to sediment washed down from the storm sewer. The Association has • requested the City clean out this area, and it has been determined that may cost $10,000 to $30,000. It is also felt that there is a substantial area of the neighborhood contributing to this sediment accumulation. Jim Lange, 970 Forest Arms Lane, explained they have applied to the LMCD to reconfigure the joint dock to allow all docks to face out thus eliminating the need to remove the sediment. That request has been denied. The Association feels the problem has occurred in part due to the structural design of the storm sewer. Hurr understood that the Association was requesting from the LMCD approval for enlarging the slips, which cannot be granted as the joint use is a non - conforming dock. Lange said that was an incorrect interpretation. Mayor Callahan clarified that they need only decide if and who should make application to the DNR to remove the siltation. Goetten said she could not authorize a City expenditure for maintaining two private slips. She said she would like to see additional information on the history of this situation and the minutes from the LMCD meetings. Kelley noted homeowners associations are created to accept • responsibility of maintenance. He felt the Association should make the application to the DNR. 0 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 FOREST ARMS ASSOCIATION - CONT. Jabbour felt the Association should continue to work with the LMCD to reconfigure the dock. Lange said they were exploring all their options prior to commencing legal action. He explained this property was acquired from the City for a fee, and the agreement stated they would receive 14 slips for their money. He suggested the City has rendered their portion of the bargain inoperable, and felt the substantial responsibility is the City's. Jabbour suggested they try to find a resolution, which may include the reconfiguration of the dock. Hurr asked that the original agreement and conditions of sale be supplied to the Council. is It was moved by Hurr, seconded by Goetten to table action on this item until additional information is provided. Kelley asked if the homeowners association was created for the sole purpose to maintain the docks, and asked the status of the street. Lange said the street is public, but the association was created mainly to control the two lots jointly used by the neighborhood. Vote: Ayes 5, nays 0. ( #12) HENNEPIN COUNTY - NORTH ARM ACCESS - REPAIR OF SEAWALL Mabusth explained the County has deemed the wooden timber walls adjacent to the ramp in a hazardous condition and requests permission to replace with steel. They have hired a contractor to commence work the week of April 19th. Hurr requested verification that they would need to obtain a new conditional use permit for the repair of the seawall. Mabusth agreed that per the code, a new conditional use permit is required. Hurr suggested they interpret the code to mean if an existing conditional use permit was not in effect, any repair would require application for such a permit. • Goetten agreed. 7 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 HENNEPIN COUNTY - NORTH ARM ACCESS - CONT. It was moved by Hurr, seconded by Goetten, to authorize Hennepin County to repair of the seawall in the existing footprint at North Arm Access under the conditions of the original conditional use permit as previously approved. Mayor Callahan questioned her interpretation to mean that, if destroyed, any building could be reconstructed under an existing conditional use permit. Hurr felt if built in the same footprint that would be allowed. Kelley disagreed and felt a new conditional use permit was needed. Jabbour suggested they short - circuit the process due to the public health, safety and welfare concerns. Mayor Callahan stated it seems that the County engineer was aware of the necessary repair, and that they did not feel it necessary • to obtain the City's permission. Mabusth noted the County has already filed for a conditional use permit. Vote: Ayes 2, nays 3. Mayor Callahan, Jabbour and Kelley voted nay. Motion failed. It was moved by Mayor Callahan, seconded by Kelley, to allow applicant to proceed with necessary repairs but require the filing of the required conditional use permit before repairs begin. Application would be reviewed at the May Planning Commission meeting as an after - the -fact application. The County must submit plans for Building staff and Engineer's review prior to Installation. A building permit will be required for the repair work. Ayes 4, nays 1. Hurr voted nay. Mayor Callahan recessed from 8:47 to 8:55 p.m. ( #13) INTERVIEW PLANNING COMMISSION APPLICANTS Dale Lindquist, 780 North Brown Road, explained he has lived in Orono 17 years and previously has not had the time to be active in government and has recently sold his business interests and now has the time. He felt his past experience in the construction business • would be an asset. He noted he is no longer on the Downtown Council. 8 U MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 INTERVIEWS - CONT. Kelley asked Lindquist what he felt is the one most important issue facing Orono. Lindquist felt that would be maintaining Orono as defined in the Comprehensive Plan. Goetten asked his feelings on the Highway 12 issue. Lindquist felt it should remain in the existing corridor and felt either of the other two corridors would be detrimental to Orono. Mayor Callahan asked if he had read the Comprehensive Plan. Lindquist said he had, twice. Mayor Callahan asked if he was aware that the Planning Commission is just an advisory board to the Council, and asked if this would disturb him. Lindquist said he was aware of its status and it d i d not bother him. Jabbour stated he was impressed that he had read the Comprehensive Plan. James Lorence, 4460 North Shore Drive, stated he would like to help his Community. He added he has read the Comprehensive Plan and agrees with the philosophy and noted it will take strong people to adhere to i t. He sa i d pr i or to mov i ng to Orono he 1 i ved 1 n Eden Prairie, which is quite different. Kelley asked his thoughts on the largest single issue. Lorence felt that would be the location of Highway 12. Goetten asked since he is the president of a company if he would have time to dedicate to the position. Lorence said he would make the time. Mayor Callahan inquired about the building boom referred to in his application. • Lorence stated Highway 12 will make the area more accessible and there will be pressures from developers, but felt the City should adhere to their Comprehensive Plan. P:1 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 INTERVIEWS - CONT. Hurr asked if he has ever attended a Planning Commission meeting. Lorence stated no. Mayor Callahan asked if he was aware that the Planning Commission is an advisory body. Lorence stated he was aware of that fact. Kelley asked whether there is any one element of the City's plan he would change. Lorence indicated he initially felt the industrial portion of the City should be enlarged, but after review of the Plan felt it may be adequate, and felt their taxes should not increase too much if density remains constant. Charles Nolan, Jr., 435 Old Crystal Bay Road, said he is involved in a family owned construction business, which has allowed him to watch changes in development and its affect on cities. He stated he grew up in this area. He felt his past experience would be an asset as he is capable of reading plans and interpreting development, able to negotiate better solutions, and has some education in real estate development. Kelley asked if he would consider the financial aspects of development first. Nolan said he would first consider the quality and environment with respect to new development. Goetten asked if he could divorce himself from his livelihood and make decisions based on the Comprehensive Plan. Nolan noted he loves this area and does not want to see change. He added he has read the Plan. Jabbour noted it is important to make a distinction between development types, and asked his vision for the next five years. Nolan indicated he sees the character of Orono remaining the same, and hopes they can persevere from the development pressures to come. He said he does not mean he would take the side of, the • developer, but rather try to understand their position and try to resolve any issues. i[e] • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 INTERVIEWS — CONT. Jabbour asked if there was anything he would change with the Comprehensive Plan. Nolan said there was nothing. Hurr asked if he has attended any Planning Commission meetings. Nolan noted he has not in Orono, but has for other communities. Hurr inquired about availability with respect to travel. Nolan stated he delegates most travel responsibilities to others. Kelley questioned his feelings on the interaction of Lake Minnetonka and the City. • Nolan stated the City has a large responsibility to manage the Lake with regard to long term life as it is a viable recreational facility, and many homeowners have a vested interest. He suggested his development background may unnerve members, but assured them his allegiance is to this area and noted he has never developed here. J i m O' Ne i I I 4680 Creekwood Trail, stated he grew up In the area and hopes to raise his family here. He stated he hopes the principles in the Comprehensive Plan are adhered to. Jabbour questioned whether he read the Plan. O'Neill said he has reviewed it briefly. He noted this area appeals to him as it is not pro - development. Goetten questioned his views on Highway 12. O'Neill felt it should remain in the existing corridor. He added his background on the traffic and transportation committee at Bloomington may be of some help with this respect to this issue. Goetten asked how he views the changes if the highway is moved. O'Neill feared there would be tremendous pressure from developers. is Kelley questioned his views on the relationship of Lake Minnetonka with the City. 11 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 INTERVIEWS — CONT. O'Neill felt Orono's primary concern should be land issues, and the lake should be secondary. He said he was surprised to see how much shoreline is controlled by the City. He felt they would realize adverse effects with regard to the lake if allowed to stray from the Comprehensive Plan. Sandra Smith, 30 Orono Orchard Road,_ stated she has lived in the area for 5 years and has read the Comprehensive Plan. She expressed surprise at the depth of the values expressed in the Plan. She noted she first became interested in local government because of the Highway 12 issue. She noted she has spent 20 years on the corporate side trying to strike a balance. Hurr asked if she has attended any meetings of the Planning Commission. • Smith said she had. is Jabbour asked her position on Highway 12. Smith state she felt there should be no new roads and noted she is involved with the "Save the Luce Line" committee. Goetten questioned her views if the road is changed. Smith felt the Plan clearly defines areas to be developed and those to remain rural, and felt if the road were relocated that would adversely affect the philosophy of Orono. Kelley asked if she believes Orono is a "bedroom community', if planning should be viewed from the revenue or planning aspect, and if they should approve development to improve the tax base. Smith felt the City has two different types of development, and felt the commercial areas should not be expanded. William Wroblewski, 630 Park Lane, said he first became interested when 2 1/2 years ago he needed to apply for a variance and discovered Orono's concern and reason for limiting hardcover. Hurr asked if he has attended other Planning Commission meetings. Wroblewski said he has not. • Hurr questioned his current occupation. 12 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 INTERVIEWS — CONT. Wroblewski said he is an insurance broker. Jabbour asked if he read the Comprehensive Plan. Wroblewski said he had and found it incredible with respect to development as it indicates an incredible amount of vision and foresight. He felt it was excellent. Mayor Callahan questioned where he formerly lived. Wroblewski said he moved from Naperville, Illinois, and prior to that Loretto and Minnetonka. Goetten asked what prompted his choice to settle here. Wroblewski stated they wished to live on the lake and send their child to Holy Name School. • Kelley asked him to compare Orono to other communities. Wroblewski felt White Bear Lake was close but with more urban development. He said Orono is very unique. Goetten questioned his views on Highway 12. Wroblewski felt the City would experience a heavy impact on any of the three corridors, and felt once the City were more accessible, they would be under a lot of pressure from developers. Mayor Callahan informed each candidate that they would be notified of the Council's decision. MAYOR /COUNCIL REPORT A) Hurr asked that the information on the current Planning Commission members be submitted to the Council by the end of the week. B) Jabbour thanked Gaffron for the technical background supplied In composing the letter sent to the LMCD, DNR and the Watershed District. C) Kelley informed them he has received information from the Long Lake Fire Department, which he will review and report back on. • D) Goetten asked that all members consider attending the League of Minnesota Cities' conference to be held in St. Cloud on June 8 through 11. 13 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ENGINEER'S REPORT ( * #14) PAY REQUEST #2 /FINAL - 1992 SEAL COAT PROJECT It was moved by Jabbour, seconded by Goetten, to authorize Pay Request #2 /Final to Omann Brothers, Inc., for the 1992 Seal Coat Project in an amount of $458.72. Ayes 4, nays 0. ( * #15) PAY REQUEST #7 /FINAL - HIGHWAY 12 FRONTAGE ROAD SEWER /WATER /STREET IMPROVEMENTS It was moved by Jabbour, seconded by Goetten, to authorize Pay Request #7 /Final to B & D Underground, Inc., for the Highway 12 sewer /water /street improvements for an amount of $10,597.82. Ayes 4, nays 0. CITY ADMINISTRATOR'S REPORT ( #16) CRYSTAL BAY POST OFFICE LEASE Moorse reported the Postal Service has agreed to extension of the existing contract for five years, with the same rental rate, subject to maintenance of the building. Hurr questioned the lack of an increase in rental rates and the need for the City to maintain and repair the building. Jabbour noted the Postal Service is leaving the office in Crystal Bay as a service to the community. Goetten agreed with Hurr and noted costs go up on all other rental units and felt they should look into an increase. Kelley suggested selling the building to them for $50,000. Hurr asked the rates for the Minnetonka Beach office. Gerhardson said they rent that space for $416 /month. Hurr noted that office has 1/8 the room that the Crystal Bay site does. Gerhardson noted the Postal Service has indicated they find it hard to justify the amount currently being charged, and added they base their amounts on valuation of property. Mayor Callahan reiterated that it was the City's position that the • office would remain as a courtesy to the area residents. He questioned the background negotiations. 14 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 CRYSTAL BAY POST OFFICE - CONT. Moorse said they had not bargained heavily and could question the basis for paying Minnetonka Beach that amount. Mayor Callahan directed staff to enter into further discussion with the Postal Service regarding a possible rate increase. Kelley asked the number of homes the office serves. Mayor Callahan said that would be approximately 90, and noted the office has proved profitable. It was moved by Hurr, seconded by Goetten, to table action on this item allowing staff time to renegotiate the terms of the contract and to provide Council with further information, such as a comparison of square footage and rates paid. Jabbour questioned the feelings of the Postal Service with regard • to the future. Kelley felt they should keep the office no matter what. Vote: Ayes 5, nays 0. ( * #17) WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FUNDING REQUEST It was moved by Jabbour, seconded by Goetten, to authorize funding of $117.59 to the West Hennepin Human Services Planning Board for a directory of human services. Ayes 4, nays 0. ( 018) REVIEW OF CIGARETTE VENDING MACHINE ORDINANCE Moorse explained after adoption, but prior to publication, the owner of Jimmies' Lounge requested special consideration to the location of his cigarette machine as he cannot meet the required 20' setback from the entry. Jabbour felt they should change the ordinance to require a 13' setback from the entry. Goetten felt that it would be unreasonable to change the ordinance. Jabbour reminded them it is the only bar in Orono. • It was moved by Hurr, seconded by Jabbour, to amend Ordinance, #114, Second Series, changing the required setback from an entry from 20' to 12' and /or visible from an employee station. Ayes 3, nays 2. Goetten and Mayor Callahan voted nay. 15 1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 CIGARETTE VENDING MACHINE ORDINANCE - CONT. Goetten said she was appalled that they would amend the ordinance when only two meetings ago all agreed to this setback requirement. She felt that a request by one bar owner should not make the Council just change the requirement so as to make it easier to purchase cigarettes. Hurr rem i nded her that up unt 1 1 a year ago, the C i ty i tse I f was selling cigarettes. ( * #19) CHANGE OF LOCATION FOR PRECINCT #1 POLLING LOCATION - RESOLUTION #3269 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3269 designating a new Precinct #1 polling location. Ayes 4, nays 0. • ( * #20) EXEMPTING UTILITY COMPANIES FROM POSTED ROAD WEIGHT • RESTRICTIONS - RESOLUTION #3270 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3270 allowing exemption of public service vehicles on posted City streets. Ayes 4, nays 0. ( * #21) POLICE LIEUTENANT CONTRACT It was moved by Jabbour, seconded by Goetten, to approve the police lieutenant union contract settlement for the year 1993 as proposed. Ayes 4, nays 0. ( * #22) JOINT COOPERATIVE AGREEMENT CDBG PROGRAM - RESOLUTION #3271 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3271 authorizing Mayor and City Administrator to sign Joint Cooperation Agreement. Ayes 4, nays 0. ( * #23) ORONO SPRING CLEAN UP It was moved by Jabbour, seconded by Goetten, to approve and authorize the Spring Clean up Days as May 1 and May 8, 1993, per the conditions set forth. Ayes 4, nays 0. ( * #24) YARD WASTE DROP OFF SCHEDULE OF DATES It was moved by Jabbour, seconded by Goetten, to authorize the yard • waste program as established. Ayes 4, nays 0. 16 • is 0 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ( * #25) SALARY ADJUSTMENT - OFFICER DAVID MCNICHOLS It was moved by Jabbour, seconded by Goetten, to increase Officer David McNichols' salary from $14.657 per hour to $16.490 per hour as of March 16, 1993, as per the 1993 LES contract currently in effect. Ayes 4, nays 0. ( * #26) SALARY ADJUSTMENT - OFFICER JAY DEMBOUSKI It was moved by Jabbour, seconded by Goetten, to increase Officer Jay Dembouski's salary from $16.490 per hour to $18.322 per hour as of April 6, 1993, as per the 1993 LES contract currently in effect. Ayes 4, nays 0. ( * #27) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Site Evaluator /Designer: Septic System Installer: Set -Up: Ayes 4, nays 0. ( * #28) BILLS S -P Testing, Inc. David Perkins Contracting Inc. Navarre Lanes, Inc. It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 4, nay 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting to Executive Session at 10:15 p.m. Edward J. C I n, Jr., ayor ATT T: X NO .- . 17