Loading...
HomeMy WebLinkAbout11-12-1991 Council Minutes'M INUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 ROLL 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: City Administrator Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, 'City Attorney Tom Barrett, City Engineer Glenn Cook, Chief of Police Stephen Sullivan and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. ( #1) CONSENT AGENDA Butler added Items 9, 15, 16, 17, 18 and 19. Jabbour asked that 19 not be added to the consent agenda, but later readded the item to the consent agenda. Mayor Peterson asked that Item #28 be removed. It was moved by Butler, seconded by Callahan, to approve the Consent Agenda, with the inclusion of Items 9, 15, 16, 17, 18 and 19, and with the exclusion of Item 28. 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 It was moved by Butler, seconded by Callahan, to approve the minutes of the regular Orono Council meeting held on October 28, 1991 Ayes 5, nays 0. 1 PUBLIC COMMENTS Nina Wildman, developer of Fox Bend on Leaf Street, requested that the Council consider making her private road a public road as residents of Farview Lane continually use the road as a short cut to Leaf Street. Mayor Peterson recalled that she had originally requested a private road. Wildman explained she originally wanted a private road with a cul —de —sac, but the City thought it should be a through road to Leaf Street. Mayor Peterson advised Wildman that the Council will be looking at the issue of private roads vs. public roads at the beginning of 1992, and noted that they would not look at individual streets at this time. Goetten suggested Wildman send a letter to the Council with her request, and at the appropriate time, reappear before the Council with her request. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 19; 1991 PUBLIC COMMENTS — CONT. Christine Brickley, 3262 North Shore Drive, asked about the proposed boat launch on North Shore Drive, and wanted to know if there were any scheduled meetings on the issue. Jabbour noted that at this point the Council did not know, but stated that they would be discussing this issue as Item #20 on the agenda. ( #3) #1682 CHRISTINE BRICKLEY, 3262 NORTH SHORE DRIVE VARIANCES Christine Brickley was present for this application. Moorse explained this is an application for a variance for the construction of a garage. He noted that it was originally started without a permit and the Building Inspector ordered it be stopped because it encroached setback areas, but allowed the property owner to continue the pour of the slab at her own risk. The Planning Commission approved use of part of the slab, and before Council approval, the applicant went ahead and constructed the garage without a permit. He noted that the garage roof line is oriented in a direction other than what was originally reviewed. Brickley noted that she and her neighbors who attended the Planning Commission meeting all felt after that meeting that they had approval to construct the garage. She felt that the reason that she had to appear before the Council was to see if they could allow the additional 8x32' slab to remain. She also noted that on Friday she attended a wake for a friend and was unable to get back to the City Hall for the permit. All supplies were on the site and their friends were coming to help construct the garage that weekend. She noted that two plans had been submitted, one facing as it had been constructed. She stated that at this point she does not have the money to remove the slab. K MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 APPLICATION #1682 — CONT. Mayor Peterson noted that she and two other Council members were at that Planning Commission meeting and felt it had been made quite clear that the applicant needed Council approval prior to starting construction. She noted that the Planning Commission is only an advisory board. Peterson felt there were two issues to deal with: removal of the excess slab and direction of the roof line. Brickley noted that if the slab were removed, a car would have to be parked there anyway. She noted that gutters could be added to the roof to redirect drainage away from the neighbor's lot. Butler noted that there is a State law that says you cannot cause water problems on neighboring properties. She felt that the applicant should have learned that it is important to ask many questions prior to starting a project. . Goetten noted this is exactly why permits are required. Jabbour pointed out that the Building Department had stopped work on the slab pour and the applicant was advised that she could continue with the pour at her own risk. He stated that because the work was started prior to approval, the applicant would be charged double appligation and permit fees. He noted that - legally the Council cannot accept financial situations as a hardship for approval of variances. Goetten felt it was a hardship of her own doing. Barrett agreed that under the variance statute of the State, finances are not considered a hardship. Mayor Peterson noted that the garage will be used to store construct ion equipment. Brickley noted her fiance is in the masonry business and some of the brick equipment is kept in the garage to ensure that it won't get wet. Goetten asked if this was temporary or long term storage and felt this situation may require a home occupation license. Brickley noted it is temporary. Butler felt it was just storage of the tools of the trade and doesn't mean he is carrying on his business at home. . She noted that the cement slab is in the wrong place, it is too big, the rafters are going the wrong way and must be changed. Brickley noted that she was just trying to clean up the area. 3 M BUTEI OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 APPLICATIN #1682 — CONT. Butler felt that it was most unfortunate that the applicant did not ask questions prior to pouring concrete. She noted that even if the previous garage was in the exact same location, the new garage must meet all pertinent setbacks. Gaffron noted that .a garage over 750' s.f. must meet 15' setbacks from the south, west and east lot lines. He noted that a smaller garage could be constructed meeting 10' setbacks. Jabbour felt this project too ambitious for this lot and noted that the applicant doesn't necessarily have the right to a larger garage. He noted that in a few months there may be new rules even more restrictive for lakeshore lots. Mayor Peterson felt that they all agreed the applicant does not need a home occupation license. She noted the next issues to be resolved. Goetten asked if there was any way the garage could be moved to allow it to remain and still keep it in conformity with codes. Gaffron noted he didn't see how. He noted that to make it conform, it would have to be made smaller and moved to a different location. Jabbour stated that the garage could possibly be reoriented on the lot to conform. He asked if the fire code came into play with this application. Gaffron noted that is likely not an issue because the buildings weren't close together, but if it did, firewalls could be required. Brickley noted that the garage was constructed at a size of 21x32'. Gaffron noted that makes the garage less than 750' s.f., and 10' setbacks would only be required, which eliminates the issue of encroachment on the south side but it still remains for -the west side. Butler explained to the applicant the reason for Orono's hardcover regulations. She felt the original garage size was too much for this substandard lot. Brickley noted that if the garage were to be smaller, she would have to reinstall the two sheds which had been removed to storge all her belongings. Butler noted this would not be acceptable as it adds to the hardcover percentages. 21 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 121 1991 APPLICATION #1682 — CONT. Callahan stated that the physical dimensions of the garage are not in itself abhorent to the Council. He noted that the excess concrete slab and the direction the garage is facing are the problems. He felt if the garage were turned it would solve the problem. Brickley felt it would be two years before she•could afford to turn the garage. She noted if she can leave the garage the way it has been constructed, next summer she would remove the excess slab and not reconstruct the smaller sheds. Goetten felt the application should be tabled to allow applicant time to consult the Building and Zoning Department for direction and the Council would consider their alternatives at the next meeting. Brickley noted she wanted the issue resolved that evening. Mayor Peterson noted it may be denied. Applicant agreed to table the application. It was moved by Mayor Peterson, seconded by Goetten, to table application #1682 for Christine Brickley of 3262 North Shore.. Drive to allow applicant time to consult City staff for alternatives. Ayes 5, nays 0. ( #4) #1683 ROBERT F. SUESS, 2590 WATERTOWN ROAD — PRELIMINARY SUBDIVISION T.J. Haislet was present for this application. Moorse explained this is a request for a subdivision. He noted that the Planning Commission voted 3 -3 to approve this application. The following issues need to be resolved: 1) should a total grading plan for the entire property be submitted as the property will probably be developed further in the future; 2) is this a 3 lot plat which would require a roadway to be constructed; 3) if it is considered a 3 lot plat, should the existing house be required to relocate the driveway access to the new roadway. Gaffron stated that the City Engineer noted there is potential for the road to continue and perhaps to connect to Golden View Drive. Cook is suggesting the grading plan should address the retention pond in the northeast corner of the property, there should be swales along the front and east side lot lines, and a grading plan should be submitted and there may be leeway on how much of that plan needs to be executed at this time. Haislet stated that they need clarification on how much of. a grading plan needs to be submitted, a partial or entire grading plan. I k 5 MINUTES OF THE REGULAR ORONO COUNCIL-MEETINQ = NOV €M® €R 19; 1 @ €1 APPLICATION #1683 — CONT. Butler asked how a partial grading plan would fit into a grading plan for the whole property. Cook noted that they could watch to make sure the'rest of the property is not compromised for future development. He noted dealing with the drainage along the east lot line is very important at this time, and 'a portion of the retention pond should be developed also. He felt a plan for the proposed roadway and a grading plan which covers drainage along the east lot line would be adequate at this time. Haislet noted this was acceptable to them. He noted that prior to application submittal, he had polled the Planning Commission for their reaction on a lot line rearrangement and then a subdivision vs. one application for a subdivision to eliminate the need for a private roadway as the first would provide for only a 2 lot plat. He noted the Commission has now changed their position and is asking for a roadway to be constructed. Callahan and Bulter felt the first scenario may have been considered as game — playing. Jabbour agreed with the partial grading plan and allowing the existing curb cut to remain for the residence, but felt the roadway should be developed at this time. All Members agreed this is a 3 lot plat.. Haislet asked if the Council would consider a variance to the road standard and allow just a drive to be constructed at this time to serve the two new lots. Jabbour asked what the hardship is for granting the variance. Haislet noted they could have done the two subdivision process and met requirements for a 2 lot plat and not been required to build the roadway. Jabbour felt this was more a technical loophole, rather than a hardship. It was moved by Goetten, seconded by Callahan, to adopt Resolution #3038 for Application #1683 for Robert F. Suess of 2590 Watertown Road, approving preliminary subdivision for a three lot plat which would require submittal of a partial grading and road plan, allowing the existing residence to retain curb cut onto Watertown Road, and allowing construction of a driveway rather than a road to serve the two new lots until further development of the property to the north. Ayes 5, nays 0. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 ( #5) #1687 ROBERT J. BILGER, 4005 NORTH SHORE DRIVE — VARIANCES — RESOLUTION #3038 Robert Bilger was present for this application. Moorse explained this is an application for variance approval to build a detached garage. The Planning Commission unanimously recommended approval. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3038 for Application #1687 for Robert Bilger of 4005 North Shore Drive, requesting approval of a variance for construction of a detached garage. Ayes 5, nays 0. ( #6) #1689 TERRY SADLER, 1396 BALDUR PARK ROAD — VARIANCES — RESOLUTION #3039 Mrs. Sadler and Rod Lund were present. Moorse explained this is a request for a variance to construct a three season porch in place of an existing deck. Planning Commission voted 5 -1 to recommend approval. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3039 for Application #1689 for Terry Sadler of 1396 Baldur Park Road, for variances to construct a three season porch in place of a deck. Callahan asked if the issue of additional hardcover removal was brought up. Gaffron noted the Planning Commission had not addressed this issue. Jabbour felt it would only be fair plastic underlying the rock areas stated it could be done next spring. to require the removal of the on the property. Goetten It was moved by Butler, seconded by Jabbour, to conceptually adopt Resolution #3039 for Application #1689 for Terry Sadler of 1396 Baldur Park Road, for variances to construct a three season porch in place of a deck, subject to the removal of the plastic underlying the rock.areas on the property in the spring of 1992. Staff was directed to revise the resolution to include this condition, for final Council action on November 25, 1991. Ayes 5, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 ( #7) #1691 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD NORTH — REZONING Mayor Betsy Swartwood was present for this application. Moorse explained this request is related to a proposed subdivision of the property. The Planning Commission recommended denial of the rezoning and staff has suggested the applicant apply for a PRO. Jabbour asked if a PRD would provide for developable lots. Mabusth noted it would. She stated that the rezoning with a convential plat would result in a more restrictive development layout. She noted a PRD would deal with the limitations of the property and allow for special setbacks. She stated that Long Lake is ready to proceed with an amended plan. She noted that one lot may need to be readjusted as it encroaches the wetland. Mabusth felt that the house pad for that lot wouldn't be involved in the floodplain as it had been designated at 947.3'. She noted that the watershed district will not allow retention for development below the 947.3 elevation. Mabusth stated that.the current drainage plan indicates surface runoff going into the lagoon. Surface runoff can be treated by creating a retention area in the higher elevations. Goetten asked if the amended plan will be on °the next Planning Commission agenda. Mabusth indicated that Long Lake's consultants are in the process of preparing amended plans for a PRD. Mayor Peterson asked if additional engineering costs will be incurred because of the amendment. Mabusth noted the additional costs for the PRD will be nominal, but that the real costs will result from amendments or need for, additional information for a comprehensive land use application. The PRD will provide greater flexibility in dealing with development of this severely limited property. Moorse reiterated that the PRD makes it easier to provide 13 developable lots, however the Council will need to grant an area variance. Mayor Swartwood noted the City of Long Lake has no opposition to the PRD development. She noted that in the agreement between the two cities, the Municipal Board instructed Long Lake to apply for a rezoning of the property per Orono's request. She felt that Orono should pay for any additional engineering costs incurred. Butler begged to differ, and felt that the applicant does bear responsibility for additional costs. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 APPLICATION #1691 — CONT. Mayor Peterson felt that members of the Council always understood that the property would be developed as a PRD. Barrett clarified that the term rezoning was used as a working definition for this property. He noted that a PRD is classified as a separate zoning district in Orono's code. He felt that any cost that Long Lake would incur in changing their application, they will reap through benefits under the PRD development. Mayor Swartwood asked if there would be any new encumberances if the application were to be resubmitted. Jabbour added that he had met with member of Long'Lake, to discuss the that time Long Lake had no problem PRD development. Jabbour talked to rezoning and explained why the PRD plan. Moorse and Miller, Council application. Miller noted at amending the application to a residents who objected to the would be a better development Goetten felt the PRD development would be far more advantageous for Long Lake. Mabusth noted that the amended application is scheduled for a public hearing at 7:00 p.m. at the November 18th Planning Commission meeting. She asked if the Council wished to review the application at their next meeting, November 25th, which would not be the typical procedure. Jabbour noted that the minutes of the public hearing would have to be reviewed early in order to allow the application to proceed to the next Council meeting. It was moved by Jabbour, seconded by Mayor Peterson, to refer Application #1691 for the City of Long Lake back to the Planning Commission to be revised as a PRD development, and additional application costs to be waived, and all other additional costs incurred in the amendment of the application are the City of Long Lake's responsibility. Ayes 5, nays 0. ( #8) #1692 BRUCE W. ENGELSMA, 990 PARTENWOOD ROAD — VARIANCES — RESOLUTION #3041 Bruce Engelsma was present for this application. Moorse explained this is a request for variances to construct an addition to the existing residence. He noted the Planning Commission voted 6 -0 to recommend approval of the request. It was moved by Mayor Peterson, seconded Resolution #3041 for Application #1692 for 990 Partenwood Road, approving a variance of an addition to the existing residence. 0 by Jabbour, to adopt Bruce: W. Engelsma .of to allow construction Ayes 4, nays 1. M MUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 APPLICATION #1692 — CONT. Goetten voted nay and noted she cannot approve of any additional hardcover within the 0 -75' zone. She felt there were other options available to the applicant. Jabbour felt the applicant had gone out of his way to reduce hardcover in areas where he could. ( * #9) THOMAS & ALICE STUCK AND JOHN M. BOWERS, 4345/4365 NORTH SHORE DRIVE — MORATORIUM VARIANCE — RESOLUTION #3043• SUBDIVISION OF A LOT LINE REARRANGEMENT — RESOLUTION #3042 It was moved by Butler, seconded by Callahan, to adopt Resolution #3043 granting a•variance to the subdivision moratorium, and to adopt Resolution #3042 for Application #1695 for Thomas and Alice Stuck and John Bowers for property located at 4345 and 4365 North Shore. Drive to approve a lot line rearrangement of the properties. Ayes 5, nays 0. ( #10) STEPHEN & JOANNE WARD, 4695 NORTH SHORE DRIVE VARIANCES — RESOLUTION #3044 Stephen and Joanne Ward were present. Moorse explained that the Wards are requesting variances to construct additions to an existing residence. Mabusth added that the addition is to the street side of the existing residence. She noted that originally it was considered' as a garage addition which would allow a 10' setback when there is a sloping topography. She noted that because the addition was more extensive than•just a garage addition, it would need to meet a 35' setback. She noted that a hardcover variance in the 75- 250' setback area would need to be approved to, allow the addition. She noted that applicants are seeking an interior access stair to their home from the garage addition. Mabusth explained that the Planning Commission voted 3 -3. She noted the opposing Members felt the garage should be reduced to a two stall car garage with no interior access which would eliminate the, living space above the proposed garage. Butler noted this is a very unique piece of property with a very steep slope to the lake. She felt the proposed plan made sense. All others concurred. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3044 for Application #1696 for Stephen and Joanne Ward, 4695 North Shore Drive, approving variances to construct an addition to the existing residence.. Variances approved are as follows: 25' street setback; 0 -75' hardcover at 2,976.41 s.f. or 35% or a 10% variance. Ayes 5, nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 ( #11) #701 DRAGONFLY HILL, 1410/1420 SHORELINE DRIVE — REQUEST BY LAND OWNER FOR CITY TO FULFILL CONDITION OF,RESOLUTION #1482 Moorse explained this is a request by one of the original applicants that the City abide by a condition of subdivision and vacation approval that would require the City to construct a fence to prevent trespassing on private property. Mabusth noted that the property owner was unable to attend the meeting and asked that the request be tabled to the November 25th meeting. It was moved by Jabbour, seconded by Mayor Peterson, to table the request for #701 Dragonfly Hill until the next meeting at which a representative could be present. Ayes 2, nays 3. Callahan felt that the Council should approve installation of a fence and the requestor may review the issue if he is not happy with Council's decision. He noted the fence would need to be higher than 3 1/2' to do any good. Goetten felt the fence would not take care of the trespassing. Butler noted that it would fulfill the condition in the subdivision approval resolution. Mabusth stated that the resolution does not state that the fence need to be a privacy fence. She noted that the shared lot line measures 31.1ineal feet, and asked if the property owner could extend the fence along the County Road. It was moved by Callahan, seconded by Butler, to direct City staff to fulfill the obligation in the previous resolution of subdivision approval by installing a 31' long, 6' high, cyclone fence along the boundary line of the properties. Ayes 4, nays 1. Mayor Peterson noted she voted nay as she felt the request should have been tabled as requested by applicant. (12) #1532 FULLERTON PROPERTIES INC. 225 SIXTH AVENUE NORTH — REQUEST TO AMEND DECLARATION FOR PRIVATE ROAD COVENANT — A) HOMEOWNER'S NOT RESPONSIBLE FOR FUTURE ROAD EXPANSION — OUTLOT B B) RELEASE OF OUTLOT A FROM COVENANTS T.J. Haislet was present to represent both Mr. Franks and Mr. Cox in this matter. Moorse explained that this is a request to amend covenant related to a subdivision. 11 a private MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 APPLICATION #1532 — CONT. Mabusth noted that Mr. Franks had composed the amendments to the covenants regarding Outlot A and Outlot B and did not use the services of his attorney from the Popham, Haik Law Firm, so Mr. Barrett would not have a conflict of interest in advising the City on this matter. She explained that Outlot A was originally to be combined with Mr. Cox's property as a condition of subdivision approval, however that process was stopped by Cox after it was submitted to the County because it would raise the value of Outlot A after the combination was approved. She noted the City Attorney should also review this request. Haislet verified that the release of Outlot A was a two —step process, all of which is to be completed in 1995, and prohibited Cox from building on any part of the outlot until released. Callahan noted that Outlot A contains the overlap of the barn on the Cox property. Mabusth recognized the unbuildability of the outlot in its present legal status. She noted that Cox wants to be released from the private covenants dealing with the development. Jabbour felt that the Council should not act on releasing Cox from the covenants until approval has been gained from all property owners involved. Barrett concurred with Jabbour. It was moved by Jabbour, seconded by Goetten, to table Application #1532 for Fullerton Properties Inc., requesting amendments to the private covenants for Shadowood Farms and releasing a portion of Outlot`A. Ayes 5, nays 0. ( #13) #1551 ROBERT WAADE, 998 WILDHURST TRAIL — APPROVAL OF INDIVIDUAL ENTRANCE MONUMENT — WILDHURST ESTATES Robert Waade was present. Moorse explained this is a request for individual entrance monuments within the Wildhurst Estates plat. He noted the following are issues: 1) height of proposed monument at 7 1/2'; 2) setbacks; 3) signage on the monuments. Waade submitted to Council pictures of other monuments similar to those proposed. Butler asked if the monuments incorporated anything else such as a mailbox. Waade noted they would not and perhaps only the address could be incorporated within the monument. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 APPLICATION #1551 — CONT. Callahan felt this should go to the Planning Commission first for review. Mabusth explained that monument approval typically goes directly to Council for review as part of final subdivision approval. She noted that. perhaps the Planning Commission should determine if the applicant has the right to individual monuments for each lot. The plan shows a 3' setback from the roadway, and the monuments must be kept out of the drainage and utility easements. Waade noted that the monuments are proposed at a 18' setback from the roadway. He noted there are others within Orono that have individual monuments for residences. Butler had no problem with individual monuments if they would not be 7' tall. Mayor Peterson felt that the Planning Commission should review the request. Jabbour stated that he would like the Planning Commission to develop a policy for monuments. Goetten stated that she has asked for this in the past and it has never been completed. It was moved by Callahan, seconded by Goetten, to refer to the Planning Commission Application #1551 for Robert Waade, 998 Wildhurst Trail, to allow the Commission to review the proposed individual monuments. Ayes 5, nays 0., ( #14) 3350 NORTH SHORE DRIVE — ISSUE OF ZONING VIOLATIONS — COUNCIL DIRECTION Jim Dunn was present for this application. Jabbour stated that Mr. Dunn felt that Jabbour had a conflict of interest with this matter. Jabbour has asked the City Attorney to review the situation and both he and Mr. Barrett felt that there was no conflict of interest. He noted that Mr. Dunn has offered to sell his marina to Jabbour, which Jabbour refused to purchase. Moorse. explained this issue relates to commercial use of B -2 property also being used residentially. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 3350 NORTH SHORE DRIVE — ZONING VIOLATIONS — CONT. Gaffron noted that in order to convert the B -2 zoned property from residential use to commercial, a variance for lot area and width standards would have to be approved, and a certificate of occupancy for the use would have to be approved through a commercial site plan process. He noted that in 1985 Dunn applied for a commercial site plan review,- which was never completed. The property was then sold to Mr. -Toberman and later reverted back to Dunn. He noted that the previous application is no longer open as it has lapsed over 5 years and the property was sold in the interim. Jabbour asked about dual use of the property. Gaffron noted the code does not allow a mixed commercial /residential use of the property. Callahan felt that since the commercial use has not been approved by Council, the commercial use should cease. Dunn explained that this property and the one next door have never in the past 11 years totally ceased a semi — commercial use. He noted that recently the activity has picked up. He noted that he-does live in the house and commutes back and forth to Florida. He stated that he has tried to get direction from the Council as to what they would like to see on the property. During the 1985 application, Dunn noted that his attorney suggested that he drop the application as it may be suggested to zone the property to residential. Callahan felt that until the process for commercial use has been reviewed, that use should cease on the property. All Members agreed. Jabbour noted that the issue of a commercial site plan must be resolved. He asked if approved, would the marina need to be licensed individually. Goetten noted that the Lake Use Committee would be reviewing a comprehensive plan for all marinas in the future. Callahan felt that the license issue need not be reviewed that evening. Jabbour felt that applicant should totally cease commercial use of the property, and decide which use he wishes to proceed with for the future. Dunn reminded the Council that in 11 years they have not taken position on these parcels. He wanted to know what their long- term goal was for the property. Jabbour reiterated that B -2 zoned property cannot be used in several manners all at the same time. 14 ri MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 3350 NORTH SHORE DRIVE — ZONING VIOLATIONS — CONT. Callahan explained that the Lake Use Committee is currently working on the DNB's shoreland regulations, which will probably take until February or March of 1992. After that time, the Committee would go on to review marinas. He felt that there currently are ordinances covering B -2 zoning that Mr. Dunn should look to for direction. Dunn felt that his house is also being used as commercial. Jabbour noted that if Dunn is living in the house, it is considered a residential use. He stated that Dunn also had the option of a home occupation license, which would not allow the intensity of the current commercial use. It was moved by Callahan, seconded by Butler, to direct City staff to take the necessary steps to stop all commercial use of the property until such time as commercial use is approved through the commercial site plan review process. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Mayor Peterson wished Goetten Happy Birthday. B) Mayor Peterson noted that she attended the AMM Board of Director's meeting on legislative policy. She noted all items were passed except the LMC item. She noted it was amended that the Board would only support, not endorse, at the request of the Mayor of Brooklyn Park, toll roads. C) Goetten noted that she and Jabbour had met with two Council members from Long Lake to discuss the development of the Orono Orchard property. She proposed that in the future, representatives from both cities meet on a regular basis to discuss issues pertinent to both cities. Jabbour noted that these meetings have been happening for some time, but the difference they would like to see is that they be proactive, not reactive to issues. Jabbour thanked the Long Lake Council members in their part to resolve the annexation.issue. D) Mayor Peterson noted that several Stubbs Bay residents expressed a desire to hold the public meeting on the proposed sewer elsewhere. She suggested the school. Barrett noted that if it is a public meeting, it needs to be published two weeks in a row. Callahan noted that it is only an'informational meeting. Gaffron clarified that the League handbook states that both• a public hearing and an assessment hearing must be held and published in advance. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12o 1991 MAYOR /COUNCIL REPORT — CONT, Barrett felt that the meeting should be held at the place it has been published. ( * #15) PAY REQUEST #1 FACILITIES FRONTAGE ROAD It was moved by Butler, seconded by Callahan, to approve pay request #1 to B & D Underground, Inc., for the facilities frontage road, in the amount-of $52,484.46. Ayes 5, nays 0. ( * #16) PAY REQUEST #1 MCCULLY ROAD It was moved by Butler, seconded by Callahan, to approve pay request #1 to Bituminous Consulting & Constracting for McCulley Road, in the amount of $23,736.52. Ayes 5, nays 0. ( * #17) FALL CLEAN UP DAY TALLY It was moved by Butler, seconded by Callahan, to accept the information submitted regarding the fall clean up day. Ayes 5, nays 0. ( * #18) STUBBS BAY SEWER AREA INFORMATION PACKET — INCLUDING ILSE LETTER It was moved by Butler, seconded by Callahan, to accept the information submitted regarding the Stubbs Bay Sewer Project. Ayes 5, nays 0. ( * #19) MARINA LICENSES INFORMATION UPDATE It was moved by Butler, seconded by Callahan, to accept the information submitted regarding marina licenses. Ayes 5, nays 0. ( #20) PROPOSED DNR PUBLIC ACCESS Moorse explained that the DNR is looking at a public access on Maxwell Bay. He noted that staff had a meeting with representatives of the DNR at which they outlined their proposal. He stated that they are planning a meeting for public input around mid — January. Mabusth noted the property is zoned LR -1C -1, lakeshore residential, however the DNR does not care what it is zoned. Jabbour asked if the DNR could over ride the City zoning restrictions. Barrett explained through on a State restrictions. He argument against th other areas such taking of-property. that when a State agency moves to follow mandate, they are not bound by local zoning noted that zoning would not be a strong e proposal, and the City should concentrate on as environmental impact and the issue of a 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — NOVEMBER 12, 1991 'y PROPOSED DRN PUBLIC ACCESS — CONT. Butler felt it was important to stress to the DNR the Council's opposition to the proposal. Jabbour stated that he is adamant against any pu and above what is already designated as-such. perhaps there could be a trade —off with land Highway 12 corridor. He felt that if the DNR Orono, Council should find an area that it distasteful. . blic access over He noted that needed for the wants access in would be least Goetten noted that there are already several accesses in Orono. Butler pointed out that the property is next to a marina with lake access. She felt that perhaps someone should encourage the DNR to acquire all the property along the strip to layout the proposal in an environmentally sound way and in the least disruptive way possible. Jeff Johnson, Planning Commission member, asked if the DNR's proposal fits their own criteria. Dunn, Lakeside Marina, noted that he has addressed the issue with the DNR, and they told him that they are trying to provide 700 parking spaces for public access to Lake Minnetonka. He noted they suggested looking to do joint ventures with cities. Dunn noted they told him that they had unlimited funds for acquiring access to Lake Minnetonka. He felt that a public access near his property would only cause him problems. Goetten asked how many parking spaces are to be provided. Moorse stated that up to 25 spaces would be provided. Mabusth noted that parking would likely be right up to the lot lines. Callahan felt that they need a written opinion from the. City attorney noting the City's various powers in this matter. He also directed Barrett to look at the DNR shoreland regulations and what power the DNR actually has to require the City to comply with their regulations. Jabbour also asked Barrett to supply to the Council a copy of the mandate of legislation that created the LMCD. (#p21) RESCHEDULING Moorse noted that November 19th, but meeting on taxation. with the reconvening needed. TRUTH IN TAXATION HEARING the meeting was originally scheduled for that date was in conflict with the County's Moorse suggested December 4th at 7:00 p.m., to be held on December 11th at 7:00 P.M. ,if All Members agreed to those dates. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 12, 1991 ( *##22) CONSTRUCTION MANAGER CONTRACT It was moved by Butler, seconded by Callahan, to approve the contract for the construction manager as submitted. Ayes 5, nays 0. ( *##23) MOONEY LAKE RULES INFORMATION PACKET — ORDINANCE ##98, SECOND SERIES It was moved by Butler, seconded by-Callahan, to adopt Ordinance ##98, Second Series, amending Section 9.32 of the Municipal Code regarding Mooney Lake rules and regulations. Ayes 5, nays 0. ( *##24) RESCHEDULING OF BOND SALE FOR NEW CITY FACILITIES It was moved by Butler, seconded by Callahan, to reschedule the bid opening for the bonds to Monday, November 25, 1991 and that an HRA meeting to award the sale of the bonds be scheduled for 6:30 p.m. on Monday, November 25, 1991. Ayes 5, nays 0. ( *##25) RESOLUTION ##3045 — WAIVING BID IRREGULARITIES It was moved by Butler, seconded by Callahan, to waive the irregularities in the bid process, and to award the bid for concrete and masonry work on the new City facilities to Gresser. Ayes 5, nays 0. t ( *##26) PART TIME POLICE OFFICERS It was moved by Butler, seconded by Callahan, to accept the information submitted regarding part time police officers. Ayes 5, nays 0. ( *##27) BEDERWOOD SKATING RINK It was moved by Butler, seconded by Callahan, to approve the installation of the water line from the well to the skating rink location at Bederwood Park and to fund the installation of the water line from the Park Dedication Fund. Ayes 5, nays 0. (##28) LICENSES Goetten expressed her opposition to the trapping of any animals. It was moved by Peterson, seconded by Jabbour, to approve the following licenses: Septic System Installer License — Coppin Plumbing 2300 Chateau Lane, Mound Limited Trapping Permit — Michael Bosanko, 2090 Shoreline Dr Ayes 4, nays 1. Goetten voted nay. Jabbour asked Chief Sullivan if hunting was allowed on Big Island and notified him that he recently witnessed hunters headed towards the Island. He directed the Chief to check into this issue. 18 MINUTES OF THE REGULAR ORONO COUNCIL-MEETING — NOVEMBER,129 1991 LICENSES — CONT. Goetten expressed concern for children in the area because of hunters. Sullivan noted that is why hunting in Orono is. limited to bow hunting. ( *#29) BILLS It was moved by Butler, seconded by Callahan, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT It was moved by Mayor Peterson, seconded by Jabbour, to adjourn the regular meeting of the Council at 10:20 P.M. ATTEUTt LIB''_ I . . �; . 19 Barbara A. Pete son, Mayor