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HomeMy WebLinkAbout09-14-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING , HELD SEPTEMBER 14, 1992 ;WWI The Council met on the above date with the following. members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: Acting City Administrator John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Finance Director Tom Kuehn and Chief of Police Stephen Sullivan arrived later in the meeting. Mayor Peterson c "ailed the meeting to order at 7:00 P.M. ( #1) CONSENT AGENDA Butler added Items #9, 11 and 12 and removed Item #22 from the Consent Agenda. Callahan removed Items #2'and 22. Gerhardson added Item #16. Goetten said-she did not feel the City should have to pay half of, the charges. It was moved by Goetten, seconded by Butler, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included in the minutes In their respective numerical order. ( #2) APPROVAL OF MINUTES Callahan referred to Page 2, paragraph 8. He recalled that Mr. Luce pointed out the principal for purchasing the capital equipment would come from the City of Long Lake, and at some point in the meet I ng, i n response by a spec i f i c quest`i on from Jabbour, the Mayor of Long Lake stated that Long Lake would pay for the capital improvements. All Members agreed and asked that the minutes be changed to reflect that conversation. It was moved by Callahan, seconded by Butler, to table approval of the minutes of the special Council meeting of August 18, 1992. Ayes 5, nays 0. Butler suggested that a representative of the Long Lake Council also sign the approved minutes. 1 , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992- ( * #3) APPROVAL OF MINUTES It was moved by Goetten, seconded by Butler, to approve the minutes of the regular Council meeting of August 24, 1992. Ayes 5, nays 0. PUBLIC COMMENTS There were no public comments. ( #4) #1748 ROBERT & RITA HOVLAND, 1245 NORTH ARM DRIVE - CONDITIONAL USE PERMIT /VARIANCE Rita Hovland was present. Mabusth explained that the application was reviewed by the Planning Commission at both the July and August meetings. Planning Commission denied the amended proposal based on size of the structure and the Planning Commission felt because of that size, the structure should meet the setback ordinance. The building has been reduced from 30'x33' to 25'x36'. Lot coverage was no longer an issue. Goetten suggested shifting the building thereby only requiring one variance. She questioned the structure width of 25' and noted boards come in 24' lengths. She stated it would be less expensive to build the garage at a 24' width. Jabbour noted the applicants may have felt they should not impose more on one-of the adjacent neighbors. He asked Mrs. Hovland to comment on Goetten's question.. Hovland stated once the walls are up, a 24' wide garage would be reduced to 23' of usable space inside and they need 24'. She pointed out one Planning Commission member did vote for the proposal because he felt they had followed the directives of the Planning Commission. Callahan referred to the minutes of the July 20th meeting where the applicants stated the reason the large garage was needed was because their son was moving into the house and has two vehicles and a boat. He asked if the applicants were trying to make the property hold more equipment than is feasible. Hovland noted the graveled area has been reduced to one car width and will be used more as a convenience as the garage is far from the entrance to the front of the house. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ZONING FILE. #1748 - CONT. Butler felt there were a couple of applications before them tonight where the applicants were caught .between two groups of Planning Commission members. She felt applicants that complied with the directives of the Planning Commission should be recognized for doing so. It was moved by Butler, seconded by Jabbour, to direct staff to draft a resolution approving setback variances for Application #1748 for Robert and Rita Hovland of 1245 North Arm Drive, approving a 15' side setback from the north lot line and a 13' setback from the south lot Fine. Ayes 5, nays 0. ( #5) #1750 CHARLES & SHIRLEY PYLE, 3548 IVY PLACE - VARIANCES Charles and Shirley Pyle and Daryl Hanson were present. Mabusth explained this application was also reviewed at both the July and August Planning Commission meetings. She noted the revised proposal includes additional removal of 75 -250' hardcover at 172 s.f., and the 663 s.f. roof structure originally proposed has been reduced to 374 s.f. She noted the real issue for this proposal is the lot coverage. Lot coverage was originally proposed at 24.5% and has been reduced to 21.5 %. The Planning Commission recommended approval based on lot coverage be held at 18 %, which would mean the applicants would have to give up either the roof structure or the family room addition. Butler stated here is another situation where the applicants were given directives from the Planning Commission and came back with a proposal and were denied. Goetten felt that does not mean that the vote should have been changed. Jabbour agreed with Butler. He expressed concern about residents exerting energy and money on revised plans and the City does not act in good faith. Goetten stated the lot is small and has excessive amounts of hardcover. She asked the applicants if there were any other areas where they could reduce hardcover. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ZONING FILE #1750 - CONT. Hanson said from the beginning they knew they would have to make concessions, and they tried to reduce the hardcover prior to submitting the original proposal. After the first Planning Commission meeting they were asked to reduce hardcover percentages more, which they have done. Jabbour noted that at one point a project becomes over ambitious for the lot. He stated the City's ordinances reflect their concern about water run -off into the Lake. Mr. Pyle said the first group of-Planning Commission members to review the proposal did visit the site and felt the project was beneficial, but the second group did not inspect the property. Goetten stated she appreciates the cuts the applicants have proposed, but felt the project too ambitious for the lot. She agreed with the Planning Commission's recommendation of 18% total lot coverage. Mrs. Pyle referred to two small planting areas in the 0 -75' setback area. She stated the boxes around the plantings and plastic underneath could be removed. Mabusth stated this would reduce 0 -75' hardcover by 177 s.f. It was moved by Butler, seconded by Mayor Peterson, to approve Application #1750 for Charles and Shirley Pyle, 3548 Ivy Place, for variances to construct an addition to the existing residence, based on Condition #1 of the resolution be removed and a condition that the triangular planting areas and plastic underneath be removed, and limiting lot area coverage to 21.5 %. Ayes 2, nays 3. Callahan, Jabbour and Goetten voted nay. Motion failed. It was moved by Cal lahan,.seconded by Goetten, to table Application #1750 for Charles and Shirley Pyle for two weeks to allow the applicants time to reconsider their proposal. Ayes 3, nays 2. Mayor Peterson and - Butler voted hay. Motion carried. Goetten explained that if the application were denied, the applicants would not be allowed to return with another proposal for six months. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ( #6) #1757 ALBERT D. HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION #3175 Albert Hanser and Jack Taylor were present. Mabusth explained this is a request for a conditional use permit for a guest house use. She noted the applicant has followed the directives of the preliminary subdivision approval and have filed the application. The structure is non - conforming because of its substandard setback from a recreational development lake. The Issue for this review is the requirement of the septic code to replace the system if it is deemed non - conforming. She stated it has been found non - conforming the based on septic test information received for the rest 'of the property, mound systems would have to, be installed on the property due to the high water table. The age of the system suggests the required 3' separation could not be met. The guest house currently has a standard trench system. Based on code requirements, the system would have to be replaced within 12 months. Hanser stated he has lived in Orono for 20+ years and his property is 35+ acres. He referred to a letter from Suilivans which attests to the functionality of the septic system and .how it has been maintained In the past. He said It would cost as much money to prove the system meets the code as would a new system. He noted they do not rent the guest house and their daughter lives there now. He said he would be willing to make a written commitment that they will continue to maintain the system as has been done in the past. 'Hanser indicated the rules have changed dramatically since they started the subdivision process and they have been caught In the middle. Taylor stated the Council should consider the rule, if it isn't broken, don't fix it. He stated the septic system was installed per the code effective at the time, which the current ordinance requires. He noted Weckman indicated the system may be dumping pollutants into the water, and Taylor asked whose responsibility it was to prove. Goetten said she asked the same question. She stated she was told an on -site evaluator could clarify that issue for a couple hundred dollars. She felt that would not be too much to ask. Jabbour stated this is a policy question on non - conforming system. He felt the applicant has presented a very good subdivision and expressed a desire to work with him to resolve the issues. Y MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ZONING FILE #1757 - CONT. Gaffron reviewed why the new shoreland regulations have 'more restrictive standards than previous codes. He explained that for about 15 years there has been a standard for ail new systems that If there is mottling present, which is an indicator in the soil that there is a seasonal perched water table, a 3' separation above the mottling is required. The DNR and the PCA mandated that any existing system that does not meet that separation is considered anon- conforming system, and in shoreland areas, the DNR has said those systems must be made conforming. Gaffron explained that staff does not have all the facts regarding the septic system for the guest house, and absent testing in the immediate area of the system, staff has had to look at testing done on the remainder of the property which indicates mound systems would be required. He said the logical thing to do would be to hire a site eva I uator to do so i l borings at the site of the existing drainfield to determine its relationship to the mottling elevation. Hanser stated the rules keep changing and felt the City should not continue to hold up the subdivision process because of this issue. He said he would be happy to hire an evaluator. Jabbour asked if the system is now considered illegal non- conforming. Gaffron stated by definition, the system is non - conforming and cannot stay that way based on the new shoreland requirements. Taylor indicated the definition of a conforming system is one built to codes not withstanding its location. Barrett opined that if the City decides to change its rules, they must add an obligation to provide for non - conforming structures, and if that is not provided for, it might be considered a taking of property. However, the regulatory values Imposed by the DNR, PCA and the City with respect to shoreland property, may involve a pubii*c interest which is high enough to allow the City to regulate even non - conforming uses and require them to be upgraded. Jabbour asked if they have a way to allow the subdivision to continue conditioned upon the applicant providing the information required to prove the system is either conforming or non- conforming. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ZONING FILE #1757 - CONT. Mabusth stated they can add a condition in the conditional use permit resolution with regard to the septic system and noted that the subdivision application is completely separate from the conditional use permit application, so that the conditional use permit can be approved and not hold up the subdivision. Taylor said they would like an additional time period for testing. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3176 for Application #1757 for Albert D. Hanser, 1685 Fox Street, fora conditional use permit to allow the guest house use, amending the condition allowing a one month testing period and if deemed non - conforming, a one year time periodwto replace the system. Ayes 5, nays 0. Hanser added that If the system needs to be replaced, it wound diminish his property values. Gaffron stated he would be happy to meet the applicant and his site evaluator on the site when the soil borings are commenced. ( #7) #1758 JAMES LAWRENCE, 1550 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION #3177 It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution #3177 for Application #1758 for James Lawrence, 1550 Sixth Avenue North, approving a conditional use permit for a guest house use. Ayes 5, nays 0. ( #8) #1759 P. PROFT /R. WELLS, 60/70 MYRTLEWOOD ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3178 Robert Mitchell was present to represent the applicants. Mabusth explained the subdivision involves approximately 1/3 of an acre, half of which is wetland. The WeIIs' property currently consists of 1.6 acres. The area proposed to be subdivided off could not be used for septic purposes due to its proximity to the wetland. There is not an alternate septic site on the Wells' property, but the existing system could be expanded upon. The area in question appears-to be part of the Proft property. Mitchell reviewed the Proft residence is oriented to face the southwest. He stated without the Profts controlling the area, it is an invitation for a,nuisance to occur in the future. The Profts wish to stabilize the neighborhood situation. i7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ZONING FILE #1759 - CONT. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3178 fo.r Application #1759 for P. Proft and R. Wells, 60 and 70 Myrtlewood Road, subdivision of a lot line rearrangement. Ayes 5, nays 0. ( * #9) #1760 ERIC NIELSEN, 2140 PROSPECT AVENUE - VARIANCES - RESOLUTION #3179 It was moved by Goetten, seconded by Butler, to adopt Resolution #3179 for Application #1760, Eric Nielsen, 2140 Prospect Avenue, for variances to construct a new residence. Ayes 5, nays 0. ( * #10) 845 OLD LONG LAKE ROAD - AMENDMENT OF EASEMENT It was moved by Goetten, seconded by Butler, to approve the filing of an amended drainage and utility easement for Hilltop Farm and direct the Mayor and Clerk to execute the Consent Form. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Butler referred to Item #9. She stated that if this is a common lot size and configuration in the neighborhood, as stated numerous times, and sewer is available, the Council should seriously consider rezoning the area. Callahan cautioned the City 1n doing so as they have been Informed by the Metropolitan Council that the City should rezone to larger parcels. B) Goetten urged all to vote in the primary. C) Jabbour reported on the Public Access Task Force. He explained the LMCD originally thought the members of the Task Force should be divided into 25 sub - committees. The Task Force was finally divided into two groups commissioned to study the criteria for counting car /trailer parking spaces and for actually counting those spaces. He said the LMCD was incapable of conducting the meetings so a facilitator was hired. He explained that after the criteria was agreed upon, the spaces were counted, but the LMCD did not agree with the number they came up with and those numbers were manipulated. The Chairman of the Task Force was about to report to the LMCD Board on those findings when Jabbour discovered the numbers had been changed from 845 parking spaces to 148. At the last meeting, the LMCD realized the original numbers might be correct. He said he has volunteered to raise the money to hire a certified engineer to draw those parking spaces on half section maps based on the negotiated criteria. He realized at the last meeting, that the LMCD was chipping away at the criteria. . 8 R MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 MAYOR /COUNCIL REPORT - CONT. Jabbour expressed his frustration with the Task Force and thanked the City of Minnetrista for attending those meetings. He felt the City should revise their position and inform the DNR that they wish to deal directly with the DNR on the .access issue. He reported the DNR is preparing a drawing to present on, the Maxwell Bay access at the September 28th meeting. He suggested to the DNR that they discuss the proposal with the neighbors. Goetten asked if there were any other locations within Zone 1 that could be used for access. Jabbour - expIained the City has a promise from the DNR that the Maxwell Bay access will not proceed until the Task Force comes up with findings. He noted the City has made land available in Zone 1 for future access use. He added now there is a willing buyer and seller for this site. Callahan stated he was not under the impression that the Task Force would be dealing with details of the access site. Jabbour stated he told the Task Force that the City Council of Orono will be adamant that Orono standards should apply on Orono land. He stated it is very embarrassing for the Lake Minnetonka community to be portrayed in front of the State Legislators that out of 8,000 boats on the Lake, there is 148 available to the general public and the rest are pr.ivate. He said his question to the LMCD is, "What have you been doing in the last 30 years, and out of the 148 spaces, 67 are within Orono at North Arm, and they are planning an additional 60 -70 within 2,000 feet. There is 152 miles of lakeshore, why is Orono paying more than its fair share ?" He added because of foresight In the early 1970s by the City to have open land, and the pressure is on those that did the right thing. He suggested the Council express their desire to have the Task Force dissolved after it presents its findings and let Orono deal directly with DNR. ENGINEER'S REPORT ( * #11) PAY REQUEST #1 - LIFT STATION #9 It was moved by Goetten, seconded by Butler, to authorize Pay Request #1 for Lift Station #9 renovation to New Mech Companies in the amount of $10,972.50. Ayes 5, nays 0. ( * #12) PAYMENT REQUEST #2 - STUBBS BAY SEWER PROJECT It was moved by Goetten, seconded by Butler, to authorize Payment #2 for the Stubbs Bay sanitary sewer project, to Progressive Contractors, Inc., in the amount of $305,777.08. Ayes 5, nays 0. E r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ( #12A) PAY REQUEST #2 — 400,000 GALLON ELEVATED TANK It was moved by Mayor Peterson, seconded by Jabbour, to authorize Payment #2 for the 400,000 gallon elevated tank to PDM, Inc. in the amount of $130,492.00. Ayes 5, nays 0.. ( #13) LONG LAKE FIRE CONTRACT Chris Dietson and 'Butch Loomis were present. Dietson understood the status of the fire contract as set forth in his letter dated September 10th. He explained after the special meeting held on August 18th, Moorse sent him a letter on August 26th. After that, a meeting was held with representatives from both cities to adjust the contract. As a result of that meeting, Long Lake proposed the terms set forth in his letter. He stated at the conclusion of that meeting, Moorse and Sullivan were going to recommend approval of the proposal to Orono Council. He reviewed the terms of the contract. Callahan clarified that Moorse suggested to Dietson that the Council would consider a three year contract.' Dietson agreed. Loomis stated at the end of the meeting two weeks ago, both Moorse and Sullivan said they would recommend the three year contract. Jabbour explained that Moorse has not had the chance to deal with the Council's concerns. He said he would not agree to a contract until those concerns are addressed. He stated he would like to do things on a longer term. He indicated there are four other municipalities in the background waiting for a response from Orono. Goetten noted the Council expressed concerned about any contract other than a one year contract as there are several issues the two cities need to further discuss. She understood the Orono' CounciI was willing to accept the terms proposed at the meeting held on August 18th. Dietson stated the Council's positron is a surprise to him. He said Moorse's letter stated they would accept the proposal presented on August 18th with two modifications with respect to capital equipment and the advisory committee. He called Moorse at that time and told him it was not acceptable and they had another meeting. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING ` HELD SEPTEMBER 14, 1992 LONG LAKE FIRE CONTRACT - CONT. Callahan reiterated at the special meeting held on August 18th, both Dietson and the Mayor of Long Lake stated that Long Lake was going to pay for the capital equipment and it was suggested to Long Lake that Orono.would accept that offer. He noted the equipment Long Lake was going to pay for was $28,000 and now they are proposing to pay for $14,000 worth of equipment. He said it occurred to him that Long Lake did not have the money to pay for the equipment, but he has read in the newspaper that not only do they have money to pay for the $28,000, but indeed they have enough to pay for the whole fire department. Mayor Peterson noted the approval of the proposal was tabled at the August 18th meeting because she had not received, the proposal in time to properly review. She reiterated that Moorse has been listening to five different people and may have felt the Council was going to accept a three year contract. She stated after their meeting with Moorse the previous Thursday afternoon, he was aware of the Council's position. Dietson said he was not authorized to accept a one year contract and would need to take the counter offer back to Long Lake for their,consideration. It was moved by Jabbour, seconded by Mayor Peterson, to direct the City Administrator to negotiate a one year contract prior to September 22, 1992 based on terms of the contract submitted by Long Lake at the special meeting held on August 18, 1992. Ayes 3, nays 2. Callahan and Butler voted nay. Motion carried. Mayor Peterson asked Loomis to consider another special meeting to discuss the contract. ( #14) SPECIAL EVENT PERMIT - VIKING BASSMASTERS' FISHING TOURNAMENT Tom Nelson and Ted Kowalski were present. Kowalski explained the bass club is similar to soft ball groups. He stated the tournament has been held at North Shore Marina-for the last 16 years, and is geared toward family involvement. He noted they are a non - profit organization and they donate any money made on the tournament. He said they try to keep the group as quiet as possible. They launch at North Arm and have inspectors on site looking for exotics. He felt by denying their license, the Council would not be putting any pressure on North Shore Marina as they do not get any benefit from the event. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 SPECIAL EVENT PERMIT - CONT. Mayor Peterson suggested the Bass Club begin the' process earlier the next year. Kowalski asked that the Council consider waiving the late fee. It was moved by Mayor Peterson, seconded by Goetten, to approve the Viking Bass Masters application for a special event permit for a fishing tournament at North Shore Marina on October 4, 1992, and to refund the late fee, with the understanding that the penalty will not be waived in future years. Ayes 4, nays 0. Jabbour abstained. ( #15) GRONBERG (LEAF STREET LOT) ASSESSMENT Mayor Peterson recommended tabling this ,issue as she had Just received the information from Mr. Gronberg's attorney. She noted specific questions raised in the information, and felt in all fairness to Gronberg, the Council should have a chance to review the information. She stated the Council would make a decision at their meeting of September 28th. It was moved by Mayor Peterson, seconded by Jabbour, to table consideration of Donald Gronberg's Stubbs Bay sewer assessment appeal. Ayes 5, nays 0. ( * #16) ESTABLISH PUBLIC HEARING DATE FOR CERTIFICATION OF HAZARDOUS BUILDINGS ASSESSMENT It was moved by Goetten, seconded by Butler, to set a public hearing for October 12, 1992 at 7:00 p.m. at the Council Chambers to consider the special assessment roll for the 1992 hazardous buildings. Ayes'-5, nays 0. ( #17) 1993 BUDGET & PROPOSED TAX LEVY - RESOLUTION #3180 Kuehn noted Moorse has proposed a $10,000 increase in the general fund operating expense and has not proposed any changes in property tax or reserve. Jabbour felt the'Council needed to thoroughly review the budget at a workshop. Goetten was concerned about making additional allowances to compensate for cuts in State aid. iiWF MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 1993 BUDGET & PROPOSED TAX LEVY — CONT. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3180 approving the proposed maximum 1992 tax levy collectible in 1993 at a 5.6% increase. Butler asked why the difference i n the do l I ar amounts shown for the general fund and the tax levy. Kuehn stated the tax levy amount does not include all sources of revenue. Jabbour said that residents will not understand that a 6.5% sales tax has been included in expenditures, which is something new the City must pay. Kuehn stated because of the HACA increase proposed, there will be a reduction in property taxes paid to the City. He added the tax capacity for the City has changed and actually affects the percentage paid. Jabbour noted during the workshop he will be trying to reduce line items in order to build an additional reserve fund.. Vote: Ayes 2, nays 3. Goetten, Callahan and Butler voted nay. Motion failed. Goetten stated she does not want to be locked into reducing line items. It was moved by Butler, seconded by Goetten, to adopt Resolution #3180 approving the proposed maximum 1992 tax levy collectible in 1993 of $2,120,135, an increase of 8.13% over the tax levy collectible in 1992. Ayes 3, nays 2. Mayor Peterson and Jabbour voted nay. Motion carried. It was moved by Butler, seconded by Callahan, to establish the proposed 1993 General Fund expenditure budget in the amount of $3,163,715, an increase of 4.59% over the 1992 General Fund expenditure budget. Ayes 3, nays 2. Mayor Peterson and Jabbour voted nay. Motion carried. ( #18) LEE & JULIE HARREN INCLUSION /EXCLUSION FROM STUBBS BAY SEWER PROJECT Lee Harren was present. Jabbour agreed with Mr. Harren that the exclusion criteria has changed since the beginning. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 HARREN — STUBBS BAY SEWER PROJECT — CONT. Mayor Peterson also agreed. Gaffron noted there were two additional properties included with the project based on the design of the pipe. He said the question here is, are there additional properties with similar situations as Harren? Jabbour asked how far Harren is from the Lake. Gaffron said Harren is approximately 500' from the Lake but geographically one could argue that the property should be hooked up to sewer. He stated the pipe would have gone right by his house if it had been placed in the street, and properties on both sides of him will be sewered. Butler suggested that a future owner will be extremely mad at the C i t y when the septic system falls and he finds out the City d i d not force the owner to connect at this time. Jabbour said if it were his house he would hook up immediately. He stated he is trying to interpret the City's philosophy. Goetten asked if the property is within the MUSA boundaries. Gaffron noted that line has been set to be concurrent with the two acre zoning district. Butler said that after making accommodations in the design of the sewer responding to Harren's concerns, for him to now say he does not want sewer is unthinkable. Harren indicated he was not involved in the discussion to move the pipe. He felt the City moved the pipe to best serve their interests, not his. He stated he tried to suggest to the City the best alternative. He added, in 1989 he installed a new mound system and was told at that time he could not use a holding tank until the sewer was available. He noted he was •included because of a technicality, and he should be excluded for the same criteria. Gaffron said from early on the City has tried to accommodate Harren. He referred to a letter dated in 1989 to Eiden Construction stating he would be happy to-discuss options of action with regards to the septic system. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 HARREN — STUBBS BAY SEWER PROJECT — CONT. Cook stated the cheapest way to hook the property to sewer would be to run the pipe to the west, leaving the effluent pump in and connecting it to the sewer line. Harren stated the pipe would then run through his grove of black walnut trees and under his pool. He stated the line would be over 260'. Cook said the line would be half as expensive as the gravity line to the east. Jabbour asked the difference between the Harren and the Ilse situation. Gaffron said there was no difference, and the Ilses were given the option of being excluded from the project. Callahan agreed with Butler on the position of a future owner, and suggested filing a document in the chain of title expressing the City's position that !twill be the responsibility of the property owner to connect to the sewer at a later date. It was moved by Jabbour, seconded by Mayor Peterson, to exclude Lee and Julie Harren's property at 175 Landmark Drive from the Stubbs Bay sewer project, subject to the owner signing a document to be filed within the chain of title notifying any future owner of the responsibility to connect to the sewer at their expense within one year if and when the septic system fails. Ayes 4, nays 1. Butler voted nay. Motion carried. Barrett stated the document could perhaps be done in conjunction with the settlement for litigation. Harren asked that he not be required to incur additional legal expense. Callahan noted the document is to protect the City and the City will draft the appropriate document. He added, the City is not recommending to Harren that he sign such document. Goetten stated she felt the City had been dealing with all owners In good faith with regard to this project. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ( #19) ESTABLISH DATE FOR KELLEY PARKWAY DEDICATION Dedication of Kelley Parkway was set for Wednesday, October 14, 1992 at 4:00 p.m. ( #20) RECYCLING AGREEMENT Gerhardson explained there is not an increase in the new recycling contract and the company has added the collection of magazines. He felt the City may be able to get a longer term contract which could save the City money, and stated he would contact the recycling company about this. He reported the County has changed the method of refund from a percentage to an entitlement, which will reduce the refund by approximately $3,000. It was moved by Goetten, seconded by Callahan, to extend the recycling agreement with E -Z Recycling for 1993 and add the collection of magazines to the items being picked up, for an amount not to exceed $63,180. Ayes 5, nays 0. ( * #21) COMPENSATION ADJUSTMENT & PERFORMANCE REVIEW - POLICE CHIEF It was moved by Goetten, seconded by Butler, to increase Stephen Sullivan's salary from Level 12, Step II to Level 12, Step III effective August 19, 1992. In addition, when the Compensation Plan is adjusted effective January 1, 1993, his salary will be adjusted' accordingly. Ayes 5, nays 0. ( #22) COMBINED CHANGE ORDER FOR CITY FACILITIES TO REFLECT CURRENT BUDGET STATUS Butler stated this is the second time the contractor has not provided the' information requested, and she expressed her frustration. Jabbour asked staff to take the time to explain this frustration to the contractor. ( * #23) POLICE SERVICE CONTRACT WITH THE CITY OF LONG LAKE It was moved by Goetten, seconded by Butler, to accept the information regarding the Police Service Contract with the City of Long Lake. Ayes 5, nays 0. ( * #24) FALL CLEAN UP DATE It was moved by Goetten, seconded by Butler, to designate October 17, 1992 as the Fall Clean Up Day with the guidelines established as noted in the memo of September 10, 1992. Ayes 5, nays 0.. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ( * #25) APPOINT ADDITIONAL ELECTION JUDGES - RESOLUTION #3181 It was moved by Goetten, seconded by Butler, to adopt Resolution #3181 appointing additional -election judges for the primary election to be held September 15, 1992 and the General Election to be held November 3, 1992. Ayes 5, nays 0. ( #26) LICENSES Callahan noticed Mr. Larson is requesting a license for the Parade of Homes. He said a rumor has swept through the City that perhaps In obtaining permission to change the driveway configuration,.-.the. full facts were not revealed by Larson, or rather were concealed. He suggested staff review the tape of `the discussion with Mr. Larson, and should there appear Ito_ be',.a discrepancy in' the statement concerning maple trees in p,a,rt i`cu l °ar ,and theatfacfs�-about the maple trees, that the permit not be granted'. He said-`he recalled Mr. Larson indicating a major reason for the reconfiguration of the driveway was to save mature maple trees. It was suggested afterwards that no maple trees exist on the property in that location. Mabusth noted she found that the Building Inspector did not understand driveway placement in the development, but staff will revisit the issue of driveway placement in the Sugarwoods plat. Jabbour understood there was a straight drive being used by construction crews. She clarified when standing on site and looking straight up towards the garage openings, as stated by the developer, it appeared some young maple trees would be lost with that driveway alignment. The straight drive used by construction crews is actually in a different location than the drive staked for Council's review at their September 14th meeting. It was moved by Butler, seconded by Mayor Peterson to approve the following licenses: Septic System Installer License: Duane Ritter Excavating Special Event Permit - Parade of Homes: Scott Larson Homes, 2112 Sugar Woods Drive Richwood Homes, 2455 Old Beach Road L. Cramer Co., 2012 Sugar Woods Drive Cudd Company, 2110 Sugar Woods Drive Ayes 5, nays 0. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ( * #27) BILLS It was moved by Goetten, seconded by Butler, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 10:06 p.m. to Executive Session. Ayes 5, nays 0. ATTEST: )orothy 0, /• / II City Clerk 6 UJ 2 Barbara Peterson, Mayor 18