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HomeMy WebLinkAbout09-23-2002 Council MinutesMINUTES OF THE _ ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Bob Sansevere; Council Members Jim Murphy; Jim White, and Jay Nygard; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Zoning Administrators Paul Weinberger and Wendy Bottenberg, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Barbara Peterson was absent. Acting Mayor Sansevere called the meeting to order at 7:01 P.M. CONSENT AGENDA 0 1. Approve /Amend Items #13 -17 were added to the Consent Agenda. White moved, Murphy seconded, to approve the Consent Agendas amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of September 9, 2002 White moved, Murphy seconded, to approve the Minutes of the Regular Council Meeting of September 9, 2002 as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Pauline Bouchard, Representative Bouchard reported that the bids for the Hackberry Park playground equipment were in excess of $100,000, of which only $60,000 will be needed from the legacy fund endowment. She reminded the Council that the cost of updating Hackberry will be less than was paid for the upgrades at Navarre Park and hoped that the City Council would approve the remodeling project. n U 4 � � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. (PARK COMMISSION COMMENTS, Continued) Bouchard reminded the Council that the Park Commission would like to get the 10% pull -tab license fee, which will be up for renewal in 2003. The Park Commission felt it was time to collect the standard 10% fee the City is entitled to and keep it in Orono to support Orono kids, as opposed to groups that operate out of Mound. As a follow -up to discussion last year, the Park Commission would like the City Council to consider this recommendation. Sansevere stated that he had issue with taking funds away from kids groups, whether they are Orono or not. Many groups are very dependent on those funds and he could not support taking those dollars away from groups who counted on it for their budgets. White indicated that, last year when this issue was raised, the groups hadn't had any warnings and were paying off capital expenses they had committed to that year. To White's recollection, those expenses should have been retired by now, and beginning this year we could notify them that the assessment would be coming. He noted that, in any case, 90% goes to Mound kids and it is only the last 10% that goes to Orono kids. While White did not want to see the groups be short money they needed to pay off capital expenditures, he understood that those expenses would be paid off and the 10% would merely be gravy, at that point the City of Orono should be able to collect its standard 10 %, like virtually every other City does. He would support the 10% fee being returned to Orono. Bouchard stated that, from her understanding, the facilities had been put on notice last year that the Council would be considering shifting those monies. She indicated that they could get more information to support this. Sansevere pointed out that while he could not support taking necessary money away from kids groups, if it is as White stated, the money is purely gravy to them, that is a completely different issue. If they no longer need these dollars for survival, Sansevere agreed that Council could reconsider. Murphy asked if anyone knew approximately how much money this meant to Orono. Gappa stated that there is approximately $10,000 outstanding in pull -tab revenue. White pointed out that the total made off pull -tabs was $10,000, whereas, 10% or $1,000 would be the assessed fee. Due to Orono's current relationship with Mound, Murphy cautioned Council that demanding the 10% at this time would need to be handled delicately. • Page 2 r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. (PARK COMMISSION COMMENTS, Continued) Nygard disagreed, stating that last year the groups were given 2002 as a grace period and were put on notice that this shift might be coming for 2003. White reiterated that what Orono would be requesting is a standard 10% cut, no different than most any other community. He suggested bringing the groups in to address their needs and look at the reporting figures for 2002. Sansevere agreed stating that the city needs to contact the Mound organizations about the total assessed amount. Murphy inquired as to what specifically was entailed at Hackberry and if the ball fields would be improved as well. Bouchard indicated that the improvements would replace old equipment with two new sets of playground equipment, one designed for younger children and the other for older kids. The upgrades would include landscaping as well, but no ball field improvements at this time. • PLANNING COMMISSION COMMENTS - Jeanne Mabusth, Representative 0 While Mabusth had nothing new to report, she complimented the City Council for hosting the joint Park, Planning, and City Council meeting last week and looked forward to future meetings. She added that the Council would be reviewing the Home Occupation Ordinance this evening, an Ordinance the Planning Commission and staff had been working on for approximately the last five years to complete. LMCD REPORT - Lili McMillan McMillan reported that the LMCD has received many calls from concerned citizens with regard to the high water policy on the lake. As of September 7, 2002, the lake set a new record high of 930.52. To make a bad situation even worse, boaters have been causing a great deal of boat chop on both Maxwell and Crystal Bays, Bays requiring minimum wake up to 600' out, which has only added to the shoreline problems. McMillan reported that the LMCD Board has been giving thought to proposing that the whole lake be minimum wake under extreme circumstances like those this summer and would like to get the City Council's reaction to this alternative. She felt this was worth considering, since most Orono citizens she spoke to felt this was a good idea based on conditions. Page 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. (LMCD REPORT, Continued) Sansevere stated that he was surprised that Maxwell Bay wasn't a minimum wake Bay and asked if the LMCD would consider leaving markers in the water which designate where 600' out is. McMillan pointed out that this would be an exorbitant task to leave markers throughout the lake. She reminded everyone that this has been an extraordinary summer, which has left the entire watershed full and overflowing. There is concern that next spring could bring additional flooding to the area if the water level doesn't recede this fall. Citizens are concerned and rightly so. Although a big call, the LMCD could designate the whole lake minimum wake next year if conditions warrant. As mentioned in the Joint Park, Planning, and City Council meeting of September 12, since 40% of the Lakeshore falls within Orono, the basic goal of the Comprehensive Plan is to save the lake. With this philosophy in mind, Murphy believed it would behoove Orono to take a leadership role in managing the high water issues in cooperation with the LMCD. White agreed, stating that due to the excessive percentages of hardcover in our surrounding communities, including Plymouth, and the runoff directed to the watershed district we live in, Orono needs to be aggressive in its stormwater management plans. Although costly, the stormwater management plan needs to be adhered to and hardcover numbers limited. The lake is the first to reflect the runoff problems. McMillan stated that it will be interesting to see the water quality testing results after the rain, runoff, and high water of this summer. Since the LMCD began testing 14 bays across the lake every year, they have been able to acquire fairly accurate trend analysis of the water and how rain and runoff affect it. McMillan reported that the LMCD had also spent a great deal of time this past year working on Tributary Ordinances, and dealing with lawyers who want to remove them. A subcommittee of the LMCD took on the task of studying marginal lake access from Long Lake Creek, Painters Creek, and Six -Mile Creek after a developer wanted to place 14 boat slips on the tributary. She found it interesting how far people will go to acquire lake access, and while she voted against it, the board voted to allow small boats with electric motors on the tributaries. McMillan felt this ruling did not go far enough by merely regulating surface water only, however, there are issues with jurisdiction and the environment that need further investigation. At this time, there are four owners at the end of Six -Mile Creek who are fighting the ordinance so that they can gain access to the lake with larger boats. The original ordinance failed 7 -5, however it passed 8 -5 after one member changed their vote, the LMCD continues to revisit the ordinance and spend a great deal of time on the matter. McMillan noted that much can be done on the landside Page 4 is .i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. (LMCD REPORT, Continued) to restrict marginal lake access, and avoid these problems in the future, but for now, these issues consume the LMCD. Murphy asked how far people would go to gain lake access and wondered if people were going to start dredging the tributaries to get to the lake next. McMillan maintained that it is a question of what is proper lakeshore access and what is too much when pushing the access limit. While the DNR is hesitant to get involved, Cities need to take a stand when these marginal lake accesses are proposed. Cities need to set firm limits on what is and isn't allowed so that people or developers won't try to obtain marginal access. McMillan mentioned that John Larson, who spoke during the last public comment section of the Orono City Council meeting about his lakeshore rights, contacted her at the LMCD. Unfortunately, the LMCD doesn't get involved with association battles and can't do much for this resident. She felt he had a valid complaint but it wasn't under LMCD jurisdiction. • White thanked McMillan for her time and commitment to the LMCD and the City of Orono. People are nervous about the affect of high water on their docks and shoreline and it is nice to know we have a strong voice at the LMCD to relay our citizens concerns. Murphy questioned whether lakeshore etc. is something the City Council should schedule a work session to discuss further. Sansevere reiterated that McMillan's representation on the LMCD for the City of Orono is vital to the community. McMillan stated that she was proud to represent Orono, a City who is a steward of the lake. PUBLIC COMMENTS There were none. �J Page 5 ., MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *3. #02 -2812 MARVIN AND MARY SMITH, 1940 COUNTRY CLUB ROAD, VARIANCE -RESOLUTION NO. 4865 White moved, Murphy seconded, to adopt RESOLUTION NO. 4865, a Resolution granting a front yard setback variance to construct a two story addition over the existing garage on the property located at 1940 Country Club Road. VOTE: Ayes 4, Nays 0. 4. #02 -2813 MARK WELCH, 3625 NORTH SHORE DRIVE - VARIANCES Weinberger explained that the applicant had received variances to construct a new residence on the property in February, 2002. The applicant had not yet built the residence and wished to make two changes to the approved plan. Weinberger reported that the changes to the plan included shifting the residence on the west side from 8.5 feet to 7.5 feet from the property line, straightening the residence to run parallel with the property line versus the lakeshore and add 65 s.f. to the front of the house by adding a 4.5 foot prow, "v- shape" glass point on the lakeside of the residence. On August 19, 2002, the Planning Commission tabled this application and advised the applicant to revise the site plan to push the house and eaves back on the property to meet a 50' setback to the lakeshore. Furthermore, Weinberger noted, the applicant could not exceed 660 s.f., which was the existing hardcover in the 0 -75' setback. Weinberger reported that the new site plan does meet the parameters as established by the Planning Commission. The revised application, however, requires review of the following variances; Side Yard Setback to permit addition to be 5' and 7.5' from the west property line. The 5' side yard setback was approved to provide one additional parking space on the property. Structure within the 75' lakeshore Setback and Hardcover are other variances for review. In order to redevelop this property, Weinberger noted that lot Area/lot width, Side Yard Setback encroachment, and Required parking in a Residential Zoning District were required variances for this parcel as well. Weinberger advised that the Planning Commission was recommending denial of the application as revised due to the fact that relocating the house to meet a 50' lakeshore setback pushes the house further back on the property and into the shared driveway. The new house on this property would encroach 5' to 6' into the driveway. The addition of the 4.5' "V- shaped" prow and overhang causes the driveway encroachment. The previously approved plan had the house meeting a 53' setback to the shoreline for the house, with the overhang being 48.5' from the shoreline, but no part of the house at that time encroached into the driveway. Page 6 0 MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, September 23, 2002 7:00 o'clock p.m. ( #02 -2813 MARK WELCH, Continued) While the Planning Commission could support the 1' shift for the house, Weinberger stated that the primary concern with the proposed relocation of the house was that the house would be located 6' into the shared driveway, which two other properties must cross for their only access. Weinberger maintained that reducing the width of the driveway from the existing 22' to 16' would make parking and passing of vehicles more difficult than it is now. While this driveway is a private roadway, Weinberger pointed out that even private roadways serving 7 or fewer units in the City require a roadway width of 24'. This roadway is 22' wide or less for its entire length. The decreased width of the driveway would also contribute to potential snow storage problems for the driveway. Weinberger indicated that there is little space to store snow along this street because of the steep grade up to North Shore Drive to the north and the location of the row of houses does not allow any storage to the south of the road. Weinberger continued that the reduction in driveway width would make backing of vehicles out of the garage stall difficult. Oftentimes, 16' is not adequate to properly maneuver in and out of a garage. Weinberger contended that the concept of shifting the driveway to the north or adding a backout area beyond the driveway is not possible due to the extreme slope of the hill leading to North Shore Drive. Nor would the removal of part of the hillside that supports the County Road and the construction of a retaining wall system offer a feasible alternative either. After visiting the property, Weinberger noted that staff determined that the two adjacent homes were located at approximately the same setback as the existing house. He cautioned that, if this house location were approved, it would set a new standard to where houses along this driveway would be built. While this property does require a lot area and lot width variance, Weinberger stated that due to the decreased width of the driveway and its `inconsistency with the alignment of adjacent houses' staff could not recommend approval of the application. He added that staff would support any plan that would result in the house not encroaching further into the driveway than the existing house and not within 50' of the lakeshore. Both conditions which could be met by removing the roof overhang from the lakeside of the house and reducing the prow to 4' rather than 4.5'. Since the Planning Commission meeting of September 16, 2002, the Fire Marshal stated that the Uniform Fire Code (1997) requires access roads, including this driveway, must Page 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. ( #02 -2813 MARK WELCH, Continued) meet a minimum accessible width of 20'. Generally, the standards can be adjusted when each building is provided with sprinkling systems and/or adequate hydrant locations are available. Weinberger noted that the properties are not served with municipal water, nor have sprinkler systems, therefore there are no hydrants available. There were no public comments. Sansevere questioned if the prow was part of the original proposal. Weinberger pointed out that the original plan did not contain the prow but simply the overhang from the eaves. Murphy questioned what would happen if the home were slid back off the street side towards the lake. Sansevere inquired what the average lakeshore setback of the existing homes were. Weinberger noted that the average lakeshore setback for this street was 42'. • On behalf of Mr. Welch, Jeanne Welch maintained that they had been given inconsistent direction from the Planning Commission with regard to the position of the house. She felt they had complied with the August direction to shift the home back on the lot, they met the 30' back yard setback, and, since the road is a private driveway had obtained road easements from the neighbors for the property. She pointed out that the two neighbors to the west had not been granted cross easements on Mr. Welsh's property. Sansevere questioned how much towards the road had the home been shifted. Jeanne Welch indicated they had moved the home approximately 4.5'. Sansevere asked why the Welsh's felt not giving easements to the two end neighbors was a good thing. Jeanne Welch maintained that, at minimum, the neighbors would be granted prescriptive easements if they were to take it to court. Sansevere questioned if any neighbors were present. Mr. Welch maintained that the neighbors he spoke to were all in support of his proposal. Murphy inquired if the applicant owned both sides of the driveway. • Page 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. ( #02 -2813 MARK WELCH, Continued) Jeanne Welch stated that he did own both sides and up into the hill, however, they had no desire to build a retaining wall into the hill. She presented hardcover figures to support their redevelopment. Weinberger noted that it is the site plan that gets approved and the eave overhang does not count into the hardcover equation. Mr. Welch explained that the roofline cantilevers back into the home and the base footings. The living space is considered hardcover, but not the eave overhang. Jeanne Welch continued by pointing out that the current width of the street varies, and even if the home were to be shifted toward the road it would still not go past where the first garage is. She added that the Lyndale Cedar Home was ordered for delivery this Thursday based on discussion that took place at the August Planning Commission meeting in which they were told the proposal would be acceptable if the home were shifted back toward the road. Murphy questioned what forced them to change the face of the home. • Jeanne Welch indicated that they changed the flat front to a row in order to capture P p better views and 65 s.f of additional living space. While he had no problem with the proposed windows and prow, Nygard questioned why they would propose to move the home back toward the street when the natural character of the neighborhood would be to keep it in line with the current average lakeshore setback. Since the backside has such tight limitations, he believed the City should establish an average lakeshore setback line to which this neighborhood should adhere. Sansevere asked staff why this proposal would not be a good idea. Gaffron indicated that since the DNR standard setback is 50', the Planning Commission was trying to obtain the 50' setback, but there is nothing that says the City Council cannot change that setback number. He stated that if the home were shifted toward the lake, there would be more hardcover in the 0 -75' setback zone. Nygard suggested they move in that direction, if staff had no objection. Gaffron reminded the Council that whatever is approved for this application will set the standard for the entire block, in fact, he pointed out that the adjacent neighbor is waiting to submit his plans based on what is decided here. 0 Page 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. ( #02 -2813 MARK WELCH, Continued) Murphy asked the applicant why they went ahead and ordered the kit for delivery without final approval and asked if the Planning Commission knew they had done so. Mabusth stated that the Planning Commission did not know that the applicant had ordered their materials. She indicated that, perhaps, the Planning Commission had chosen the wrong wording when they told the applicant to shift the home back, they should have spelled it out, but assumed the applicant would redesign the home to fit within the parameters of the setbacks. Jeanne Welch stated that after shifting the home back as they were told in August, it was not until September that the parameters were truly spelled out. By that time, they had ordered the kit to meet the deadlines they needed to meet with the manufacturer in order to beat the snow. Weinberger indicated that he had had a conversation with Mr. Welch on the phone and advised Mr. Welch to not order the house without Council approval even though staff was aware of their time constraints. Murphy stated that they should have waited since nothing is a done deal until the City • Council makes its ruling. White asked what the City Council would consider as the most important setback in this situation. It seemed obvious to him that they could not meet both the front and rear setbacks, and construct a home of any size. He urged the Council to be reasonable, the home was merely 1,300 s.f., under the 1,500 s.f. lot coverage maximum. White maintained that if it is the front lakeside line that is most important, the Council needs to be willing to give on the backside, or vice versa. Nygard stated that the precedent that he liked being set here was the 1,300 s.f. home, a reasonable sized home for the lot. It fits within the City ordinance. Mr. Welch indicated that the cedar home would be a beautiful post and beam cottage style home. It would be very cute for the lot and hopefully set a precedent for the character of the neighborhood. Weinberger agreed that the home was not a big house for the site. Sansevere asked for Gappa to give his opinion. Gappa stated that he felt the most important line to hold would be the back street side setback. • Page 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. ( #02 -2813 MARK WELCH, Continued) Kellogg concurred that the street side would be the most important setback to obtain, as opposed to the lakeside. Murphy questioned how much the prow or roof would extend beyond the average Lakeshore setback if the home were moved toward the lake once again. Gaffron noted that if the home were pulled forward to make the rear line acceptable, the roofline would be at the average lakeshore setback. Murphy pointed out that if the home were pulled forward, there would be virtually straight lines on both the front and rear of the home. Mr. Welch indicated that, according to his calculations, he only needs to shift the home approximately 4.5' and could still modify the eaves to meet the setback. Nygard questioned if the home could legitimately meet the average lakeshore setback and average street side setback. • Weinberger suggested that the home be shifted two feet back from where the existing home is, by eliminating the small green path along the roadside. Which would cut down on the distance towards the lake. Murphy pointed out that there is approximately 6' from the average lakeshore setback of 42' to the suggested DNR standard of 50'. Since there was not a straight line on the property, Murphy maintained that the only line that should matter is the average setback lines on the front and the back. Nygard suggested that the home be pulled forward toward the lake in order to line up with all of the rest of the homes on the road. Sansevere asked staff how many exceptions to the 50' DNR standard the City had made in the past with regard to rebuilds and new construction. Gaffron indicated that the exception would not be precedent setting, and that there had been a number of situations in the past where exceptions have been made. Nygard proposed the City establish a line that they will use to set as the redevelopment standard for the area. Mr. Welch pointed out that only the overhangs will touch the average lakeshore setback, • the home itself will be set back 5' from that point. Page 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. • ( #02 -2813 MARK WELCH, Continued) White moved, Murphy seconded, to draft a resolution allowing new construction of a home with a V -Prow addition, for the property located at 3625 North Shore Drive, to be built in line with, and not to exceed, the average lakeshore setback, nor encroach into the established roadway. Moorse suggested that the Council consider adding to the resolution their rationale that the lots are so short and the slope behind them steep they have allowed the home to be placed within the DNR 50' standard lakeshore setback. Murphy questioned if further language could be added to the resolution that establishes the average lakeshore setback line for the block. Barrett agreed that it would be wise to adopt a standard average lakeshore setback for the block that could be referred to as each of the homes is redeveloped. While the language for this application establishing the average lakeshore setback line may bind this applicant, Gaffron noted that these findings would not carry legal weight in other applications for the block. He did feel it would be useful language to add to the resolution to be used as direction for future Councils when redevelopment is proposed for this neighborhood. He indicated that he and staff would rewrite a resolution which summarizes the discussion and findings which led the Council to making this motion and bring it back for approval on October 14, 2002. White moved, Murphy seconded, to amend his motion to include language that expresses the intent and summarizes the discussion which led to the establishment of the average lakeshore setback line for the block. VOTE: Ayes 4, Nays 0. *5. #02 -2820 MICHAEL LASHER,1360 RAILROAD AVENUE, VARIANCE - RESOLUTION NO. 4866 White moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4866, a Resolution granting a front yard setback variance to construct a covered deck on the street side of the residence located at 1360 Railroad Avenue. VOTE: Ayes 4, nays 0. 0 Page 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. *6. #02 -2821 TEMPLE ISRAEL (CAMP TEKO), 645 TONKAWA ROAD, CONDITIONAL USE PERMIT - RESOLUTION NO. 4867 White Moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4867, a Resolution granting a conditional use permit to permit the building and all trail projects except #5, based on the conditions noted in the Planning Commission Recommendation, for Temple Israel, Camp Teko, located at 645 Tonkawa Road. VOTE: Ayes 4, Nays 0. *7. #02 -2824 BETZ BUILDERS, 1045 BROWN ROAD SOUTH, VARIANCE - RESOLUTION NO. 4868 White moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4868, a Resolution granting a lot area variance to construct a new residence on the property located at 1045 Brown Road South. VOTE: Ayes 4, Nays 0. *8. #02 -2825 WAYNE AND KAREN SOOJIAN, 4496 NORTH SHORE DRIVE - VARIANCES -RESOLUTION NO. 4869 White moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4869, a • Resolution granting lot area and average lakeshore setback variances to construct a new residence on the property located at 4496 North Shore Drive. VOTE: Ayes 4, Nays 0. *9. #02 -2826 MICHAEL AND DEBORAH BENEDICT, 25 ORONO ORCHARD ROAD NORTH, VARIANCE - RESOLUTION NO. 4870 White moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4870, a Resolution granting a variance to permit a storage building to be located nearer the street than the principal structure located at 25 Orono Orchard Road North. VOTE: Ayes 4, Nays 0. 10. PROPOSED ZONING CODE AMENDMENT TO HOME OCCUPATION STANDARDS - ORDINANCE NO. 221, 2nd SERIES Gaffron explained that in 1998, the then City Planner /Zoning Administrator Liz Van Zomeren worked with the Planning Commission to draft an amended Home Occupation ordinance. That draft ordinance would have completely eliminated licensing and would have permitted home occupations as an accessory use subject to the enforcement of performance standards. That draft also included a list of "Prohibited" home occupations, which were deemed to be likely to have negative neighborhood impacts. Gaffron noted that the draft reflected good work by the Planning Commission, but got bogged down in • discussions as to home occupations in accessory buildings. No action was taken at that time. Page 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 . 7:00 o'clock p.m. HOME OCCUPATION STANDARDS (Continued) Recent Council interest in revisiting the home occupation issue was generated in 2001 because staff had been recommending license approval for a small number of long standing home occupations that had one or more employees, in violation of the current code but not causing any problems. Council suggested changing the code simply to allow home occupations to have one non - resident employee under certain conditions. As a result, Gaffron pointed out that in 2001 the Planning Commission held discussions on the topic of home occupation licensing, and has spent significant time over the past 12 months considering the merits of various methods of home occupation regulation as well as the standards that should apply. He stated that the resulting Home Occupation regulation is based on the premise that such activity should only require a license when it has potential impacts on a neighborhood. After unanimous recommendation by the Planning Commission on September 16, 2002, the ordinance will incorporate a 2 -tier system whereby non - impact home occupations (Level 1) would not need a license, and potential- impact home occupations as well as non - compliant home occupations (Level 2) would be licensed. Attorney Barrett pointed out that under the list of Prohibited Home Occupations, letter L, is could be viewed as a warning to someone who might want to sell arms. He cautioned that Letters C and I could impact First Amendment Rights and should have further findings incorporated into the language of the ordinance. With regard to Adult Uses, he suggested that more specific findings be added. As far as Churches and religious Institutions were concerned, Barrett believed there to be a number of religious expressions that would create no impact on a neighborhood. He reminded the Council that in cases where there would be large residential impact, those are the home occupations that should require licensing. Gaffron pointed out that there is a fine line that determines at what point a home occupation rises to the level of requiring licensure. Nygard asked if Barrett felt that the Church and religious institution home occupation specification should be removed from the prohibited use section of the ordinance. Barrett believed Letter I should be removed. Moorse stated that if the church were to rise to a level whereby more than 20 cars were parked there regularly, either a special event permit could be attained or new consideration given. White cautioned that disability home occupations do require exceptions to these rules, since the ADA supersedes zoning standards. • Page 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. HOME OCCUPATION STANDARDS (Continued) Sansevere moved, White seconded, that the City adopt the Ordinance No. 221, 2nd Series, a Zoning Code Amendment for Home Occupation Standards, as recommended by the Planning Commission, and inclusive of City Attorney Barrett's recommendation that Letter I of Subd. 4 Prohibited Home Occupations be removed from the ordinance and language be incorporated that explicitly adopts the findings to prohibit Adult Businesses within the City. VOTE: Ayes 4, Nays 0. White complimented staff and the Planning Commission on a job well done. MAYOR/COUNCIL REPORT Murphy stated that he had included a copy of the letter from Janet Shaefer, of the City of Long Lake, with regard to Fire Service RFP. While it may be a few years before they could respond to our need, Murphy felt that the City needs to continue to work with Long Lake. He stated that he'd rather hear they couldn't provide service at this time, than never at all. Nygard expressed his disappointment that they were not interested in providing service, • after the City of Orono worked hard and long with them to construct the Long Lake Fire Station. Murphy felt that what was conveyed was not bad news and encouraged the Council to continue to strive for stronger relations with Long Lake. Secondly, Murphy stated that many Long Lake citizens are already complaining about the road construction along Watertown Road. He pointed out that it will get much worse before it gets better, and indicated that Orono and Long Lake are just at the beginning of the big road construction projects that will follow over the next several years. He suggested that the City create a regular report or road construction bulletin that could be sent out to our citizens in order for them to know what to expect next. White stated this was a good idea. Murphy pointed out that the City has been given a detailed projection of construction over the next four years, and this should be forwarded with updates to the public. Beyond inserting this into the papers, Sansevere suggested staff provide a link to the website which people can visit to learn about road closures etc. Murphy stated that Orono needs to inundate its citizens with information of what's going • to be happening. Page 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 • 7:00 o'clock p.m. (MAYOR/COUNCIL REPORT, Continued) White questioned whether there was a single source that could provide these updates, a place people could always turn to for their updates. Other than the newspaper, Moorse proposed they use the newsletter and website. Since this will be newsworthy, Nygard suggested that the newspapers consider inserting a monthly map which directs people away from road closures. White reported that he had picked up documents regarding affordable housing for staff to add to its library. He felt these materials could provide as a primer or reference guide for staff and public officials as the topic comes to the forefront. White cautioned the Council on the use of land trust, as well as, city subsidy for affordable housing, and referred to the documents for further information. Nygard inquired about the house located across the street from the Maxwell Bay boat launch. In his observations, there are always six or more vehicles parked in the driveway, and he questioned what was allowed by the zoning code. Gaffron indicated that he was unclear if there were limits on the number of cars that can . be there, and pointed out the number of boats is another issue. He believed that the home was still under construction inside. PUBLIC SERVICE DIRECTOR'S REPORT 11. NORTH ARM LANE PAVING PROJECT - Removed from the Agenda Due to the time of year, Gappa mentioned that the bids were coming in 35% higher than estimated, and staff has decided to begin the bidding process over in the spring. 12. AWARD CONTRACT FOR HACKBERRY PARK IMPROVEMENTS Sansevere moved, White seconded, to Award the contract for the Hackberry Park Improvements Project to Odessa Construction, Gilman Minnesota in the base -bid amount of $102,146.01 with approval of a budget adjustment for the Park Dedication fund to reflect this expenditure, and furthermore, approve a loan of $65,000 from the Community Investment Fund to the Park Dedication Fund at an annual interest rate of 5% for the Hackberry Park Improvements project, to be repaid as soon as possible as Park Dedication fees become available. VOTE: Ayes 4, Nays 0. 0 Page 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *13. LONG LAKE FIRE STATION VOICE AND DATA COMMUNICATIONS SYSTEMS AND CABLING White moved, Murphy seconded, to accept the proposal from Connectivity Solutions in the amount of $21,603.34, plus $1,404.22 tax for the phone system, voice and data wiring, audio /visual system and paging system, for the new Fire Station. VOTE: Ayes 4, Nays 0. *14. APPLICATION AND CERTIFICATE FOR PAYMENT NO. 5 - LONG LAKE FIRE STATION White moved, Murphy seconded, to approve Application and Certificate for Payment No. 5 from Rochon Corporation in the amount of $326,664.00, to be funded as follows: $259,599 from the Joint Fire Fund, and $67,065 from the Sewer Fund. VOTE: Ayes 4, Nays 0. *15. LONG LAKE FIRE SERVICE AGREEMENT wWhite moved, Murphy seconded, to approve the Agreement and Contract for Fire Protection with the City of Long Lake, and to authorize the Mayor /Acting Mayor and City Administrator to sign the Agreement. VOTE: Ayes 4, Nays 0. *16. REQUEST FOR FUNDING FOR BIG ISLAND CLEANUP White moved, Murphy seconded, to authorize the expenditure of $2,000 toward the cost of dumpsters for Big Island cleanup for Fall 2002. VOTE: Ayes 4, Nays 0. *17. RELOCATION OF SEWER LINES ON ORONO WOODS SENIOR HOUSING PROJECT White moved, Murphy seconded, to approve the payment of the invoice from Frana and Sons, Inc. in the amount of $5,015.00, to be funded from the P.I.R. Fund, of which $2,508.00 will be reimbursed by the developer, and the remainder will be reimbursed from future TIF proceeds; and to amend the PIR Fund budget to reflect the expenditure. VOTE: Ayes 4, Nays 0. Moorse reported that he had recently received a proposal for Mound Fire Services and would be distributing that soon. Murphy asked if there were any new developments with regard to the mediation services provided for Otten Brothers and the neighbor, Mr. Walvatne. Page 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. RELOCATION OF SEWER LINES (Continued) Moorse stated that there had been a development with the mediation being sought for the two parties. He indicated that Mr. Walvatne had sought to bring into mediation additional neighbors. Mr. Otten had agreed originally to mediation with Mr. Walvatne to try to clear up their issues, however, he did not agree to mediation with the whole neighborhood. White indicated that he felt Mr. Walvatne had violated the agreement and it struck him that Mr. Walvatne had not entered into mediation in good faith. CITY ATTORNEY'S REPORT Attorney Barrett had nothing new to report. *18. LICENSES Residential Kennel License 1. Tony and Mary Becker 259 Hollander Road • White moved, Murphy seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. *19. BILLS White moved, Murphy seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of September 23, 2002 at 8:55 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Page 18 Barbara Peterson, Mayor CJ