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HomeMy WebLinkAbout10-13-1986 Council Minutes-•.f MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 ATTENDANCE 7:02 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Frahm and Callahan. Councilmembers Grabek and Adams were absent. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Chief Kilbo, and City Recorder Peterson. City Attorney Barrett was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Consent Agenda* subject to adding the following items for approval: - #27 - Howard Hull, Resolution of Denial - #28 - CDBG Year XII Funds Allocation - #29 - 1986 Auditor Appointment - #30 - 3536 Lyric Avenue, Hazardous Building Proc. Motion, Ayes 3, Nays 0. REQUEST TO EXTEND HIGHWAY 12 MORATORIUM PUBLIC HEARING 7:43 - 7:48 Mayor Butler explained the purpose of the public hearing was to consider extending Ordinance 13, Second Series, an ordinance that has limited developement within a defined study area adjacent to Highway 12 for the past year during the period of the City's Comprehensive Planning Study. City Recorder Peterson noted the Affidavit of Publication. Bill Wear, 36 Hackberry Hill, stated that he owns a business in the affected area and that he is against extending the moratorium because it is creating a hardship on his business in regards to his application for a sign. He feels the sign portion should be excluded from the moratorium. He submitted three letters from tenants of the Orono Shopping Center indicating the need for signage to promote their businesses. Mayor Butler stated that she fully intends to have the moratorium study completed by the end of her term being the end of the year. Councilmember Callahan recommended that Mr. Wear's sign application be brought back to the October 27th Council meeting. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 HIGHWAY 12 MORATORIUM CONTINUED Mayor Butler agreed with Councilmember Callahan stating that they have studied enough information regarding signs in that area. Mr. Wear exclaimed that this was just another matter of stalling in which he gets nowhere with the Council. There were no other comments from the public and the public hearing was closed. It was moved by Councilmember Frahm, to approve the extension of the moratorium for 6 months. Mayor Butler and Councilmember Callahan felt 6 months was too long and that the end of the 1986 year was more preferable. Councilmember Frahm withdrew his motion. It was moved by Councilmember Callahan, seconded by Mayor Butler, to approve the extension of the moratorium until December 31, 1986. Motion, Ayes 3, Nays 0. Council directed staff to work with Mr. Wear in reviewing model signage standards considered by the City during the Highway 12 Planning Study and relate these standards to his proposal and bring his application back to the October 27th Council meeting. INTRODUCTION OF POLICE LIEUTENANTS CHESWICK AND ERICKSON Chief Kilbo introduced the two officers appointed to the newly established position of Lieutenant; Lt. Gary Cheswick and Lt. Kurt Erickson. OATH OF OFFICE — TRUDY KUNKEL City Administrator Bernhardson introduced newly appointed Police Officer Trudy Kunkel who starts effective October 20, 1986 at a rate of $1,646.00 per month. Ms. Kunkel is 24 years old, has a B.S. degree from Mankato State, attended Hibbing VoTech for her skills course, and is currently a. licensed Police Officer with the City of Eagle Lake. City Administrator Bernhardson administered the Oath of Office to Ms. Kunkel. 2 I i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 '.PPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Minutes of the September 22, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goetten was present and had no comments. PUBLIC COMMENTS There were not comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #1033 ROYAL DOSSETT* 2795 PHEASANT ROAD VARIANCE RESOLUTION #2057 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to adopt Resolution #2057 approving variances for Royal Dossett as drafted. Motion, Ayes 3, Nays 0. #1039 WILLIAM J. ULRICH* j 1595 BOHNS POINT ROAD Ij ; ONDITIONAL USE PERMIT/VARIANCE TABLED UNTIL NOVEMBER 24, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to table this application until the November 24, 1986 Council meeting. Motion, Ayes 3, Nays 0. #1064 CITY OF ORONO* SPATES AVENUE LIFT STATION CONDITIONAL USE PERMIT TABLED UNTIL OCTOBER 27, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to table this matter until the October 27, 1986 Council meeting as requested by Dan Crear. Motion, Ayes 3, Nays 0. #1059 MARGARET BJORR 2259 SHADYWOOD ROAD CONDITIONAL USE PERMIT 'Margaret Bjork and her Real Estate Agent Ruthanne Lang were present for this matter. I City Administrator Bernhardson explained that this I property at one time had a commercial use in the lower level and an apartment in the upper level. Since 1976, the lower level has been converted into a mother -in -law apartment. He noted that the City had not required the 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1059 WORK CONTINUED appropriate conditional use permit at the time building permits in 1976 and 1980 were issued to construct a mother -in -law apartment. The property was assessed for two residential sewer and water units. Applicant requests, in advance of sale of the property, a - conditional use permit for duplex use. Ruthanne Lang stated that the structure is ideally set- upfor a duplex use because of the area and floor plan. She noted that the property has been on the market as a single family home with mother -in -law apartment, but that it would be more marketable in that price range as a duplex. She noted that the neighbors have not objected to the duplex use. Zoning Administrator Mabusth reviewed the existing upper and lower floor plans noted that there are separate access entries. She noted that a curb cut should be defined and approved by the County for this property. She also noted that in order to create a legal duplex certain requirements may be required by code such as relocation of fire detectors and installation of a second water meter, etc. Mayor Butler asked City Attorney Barrett's opinion regarding granting a variance to the performance standard requirement of a duplex being located within 200' of a commercial zone, whereas this property is approximately 1000' from a commercial zone. City Attorney Barrett stated that the key issue is determining whether a duplex is a permitted use, and if so, the City does have the power to grant a variance. Planning Commission member Goetten stated that when this application was reviewed by the Planning Commission, she was in the minority opinion that this was a reasonable option for this property. Mayor Butler stated that she did not feel it would be unrealistic to permit the duplex use because of the history of use of the building, the fact that the structure will not change in appearance, and a two residential use would be no more intense than the combined commercial and residential use as it has been in the past. Councilmember Frahm stated that he was concerned with the size of lot and intense use and the fact the the future owner would inevitably want to construct a new garage which would create too much hardcover. However, he felt that it was not a bad location for a duplex. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1059 BJORR CONTINUED Councilmember Callahan stated that he agreed with Councilmember Frahm's concerns with area and hardcover however based on the overall context of the lot and the buildings background, he would go along with whatever change is necessary to sell it as a duplex. Mayor Butler stated she agreed with Councilmember Frahm regarding construction of a new garage. Zoning Administrator Mabusth stated that there may not be enough area to locate a garage without the need for a setback variance. She also reviewed the past commercial uses of the property. She noted that if the duplex use were denied, there would be major problems trying to control the use of the property. She stated that major strutural changes would be required to conform with other mother -in -law apartment use standards. City Administrator Bernhardson recommended that staff come back to Council with additional findings regarding appropriate placement of a garage, any easements that may exist, and a hardcover inventory. It was moved by Mayor Butler, seconded by Councilmember Frahm, to table this matter and to direct staff to bring back additional findings regarding: - inventory of the site - hardcover analysis - number of variances that may be required for an anticipated new garage - access easement over railroad right -of -way property -curb cut, landscaping, screening, etc. - off - street parking Motion, Ayes 3, Nays 0. #1065 LARRY MARTINEAU 4360 CHIPPEWA LANE VARIANCE RESOLUTION #2058 Jean and Larry Martineau were present for this-matter. City Administrator Bernhardson explained the request for a variance to permit a temporary two - family dwelling of which Planning Commission reviewed and recommended approval. Councilmember Callahan stated that standards should be made regarding mother -in -law apartments in order to avoid problems as created in the previous Bjork application and alleviate wasting staff and Councils' time. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1069 MARTINEAU CONTINUED Zoning Administrator Mabusth stated that staff has worked on proposed standards for mother -in -law apartments and hoped to work further on it after the Hwy. 12 Study and busy season is over. City Administrator Bernhardson stated that because of the numerous recent requests for mother -in -law apartments, staff will place this matter on the Planning Commission's November agenda for consideration. Larry and Jean Martineau stated that it is basically the economic climate that is creating this type of situation of need. Councilmember Frahm stated that it this particular case with the large acreage involved (8+ acres) he finds no problem. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2058 approving the variance to permit the construction of a non - rental guest apartment within the principal residence, amending the resolution to include granting of the lot width variance. Motion, Ayes 3, Nays 0. #1066 ANN L. CARSON 1317 NORTH ARM DRIVE VARIANCE RESOLUTION #2059 Applicants husband, Lorin R. Derby, was present for this matter. City Administrator Bernhardson explained the request for a side setback variance to construct an addition which continues along the existing line of the house which is 7.7' from the lot line. A hardcover variance is also requested, but since the applicant will remove an equivalent amount of plastic under rock beds, there will be no net increase over the existing 31.06 %. He noted that the adjacent neighbor, Eileen Oleen, is concerned about additional drainage on her property, however with no increase in existing hardcover there should be no negative effect. Mayor Butler stated that the proposed drafted resolution should specify what hardcover will be removed. Assistant Zoning Administrator Gaffron stated that all the plastic from existing rock beds must be totally removed not perforated. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1066 CARSON CONTINUED Mr. Derby stated that he fully intends to eliminate the rock beds and replace with grass. It was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Resolution #2059 amending resolution to read "Applicant must remove all of plastic from existing rock beds to maintain existing 31.06% hardcover ". Motion, Ayes 3, Nays 0. #1067 HERBERT T. OLSON 3640 BAYSIDE ROAD VARIANCE RESOLUTION #2060 Mr. & Mrs. Herbert T. Olson were present for this matter. City Administrator Bernhardson explained the request for a side setback variance to construct a kitchen addition 19.9' from the lot line. Councilmember Frahm asked if the the addition could not be placed elsewhere due to the large area of property. Assistant Zoning Administrator Gaffron stated that Planning Commission had asked that same question, however applicant pointed out that the proposed location for the addition is a result of hardships to other locations due to topography, drainage, existing trees, and the layout of the house. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2060 as drafted approving the variance. Motion, Ayes 3, Nays 0. #1068 DR. GLEN NELSON 500 TONRAWA ROAD VARIANCE RESOLUTION #2061 Dr. Glen Nelson and his architect Dale Mulfinger were present for this matter. City Administrator Bernhardson explained the request for a variance for temporary guest apartment use of an addition to the residence. He noted that the apartment may be entered .only from outside the house or through the garage area. Due to the layout of the house, an entrance to the apartment from the main house is not possible and an outside entrance is required to meet fire code because the apartment is surrounded by concrete walls on three sides. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1068 NELSON CONTINUED Councilmember Frahm stated that because of the apparent "attached second dwelling ", he recommended that approval be conditioned upon the property maintaining two acre minimum in order to support the two - family dwelling. it was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #2061 amending it as outlined by Councilmember Frahm above. Motion, Ayes 2, Nays 1. Councilmember Callahan voted nay. Tennis Court Issue - City Administrator Bernhardson reported that construction of a tennis court on Mr. Nelson's property was red tagged by the Building Dept. today. He stated that a significant amount of alteration beyond 100 cubic yards was being done which required a conditional use permit from the Council. Dr. Nelson explained the circumstances that led up to construction of the tennis court. He noted that because of the new addition, they decided if they were ever to construct a tennis court, it should be done now before the asphalt for the new driveway is installed. He stated that his architect checked with City staff regarding the requirements and apparently misunderstood the need for a grading permit, although he was aware that there were additional requirements to be met for the tennis court fence. He stated that they intend to meet all requirements necessary however the time limit involved is a major issue. Assistant Zoning Administrator Gaffron explained the slope and retaining wall area. He noted that they propose a 10' fence whereas only a 3 -1/2' fence is allowed and that although it was not within the 75' lakeshore setback, it did not meet the average lakeshore setback, however this would not affect the adjacent neighbors because it was not within their view. He stated that he talked to the tennis court contractor the previous week and indicated that staff would grant him a grading permit on the staff review basis subject to submitting a reasonable grading plan and then proceed with applying for a variance for the fence, however the grading being done was more extensive than indicated by the contractor. Attorney Barrett stated that for a conditional use permit, the Council has the authority to waive referral of the application to the Planning Commission. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1068 NELSON CONTINUED Councilmember Frahm stated that the retaining wall should be completed immediately for erosion control and he felt the conditional use permit should be treated as after-the-fact. #1069 JIM 2725 ETHE L VARIANCE RESOLUTION WILLIAMS AVENUE #2062 City Administrator Bernhardson recommended that the retaining wall work be completed and finish the final grading at Mr. Nelson's risk pending the outcome of the review. The Planning Commission will informally review the matter at its October 20th meeting and a notice of public hearing will be published for the November 10th Council meeting. In addition, this matter will be treated as an after - the -fact variance. Council concurred with City Administrator Bernhardson's recommendation and informed Mr. Nelson that his contractor and architect should meet with Building Inspector Jacobs immediately to discuss the retaining wall. Mr. Williams' son -in -law was present for this matter. City Administrator Bernhardson explained the request for a side setback variance to 5.2' to construct a 2nd story addition. Additionally, the original request included a hardcover variance, however Planning Commission recommended that the maximum hardcover on the property be no greater than the pre- existing 36.4% finding that the hardcover variance is justified by the need for an easier garage access. It was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Resolution #2062 granting the variances as drafted. Motion, Ayes 3, Nays 0. #1072 FRED WINSTON 755 SPRING HILL ROAD VARIANCE /CONDITIONAL RESOLUTION #2063 Eleanor Winston was present for this matter. USE PERMIT City Administrator Bernhardson explained the request for a property line setback variance to construct an addition to the barn which is currently located approximately 39' from the existing lot line. He stated that the applicant intends to purchase the parcel to the west from Mr. Crosby and the only affected neighbor, Mr. Wildman, has submitted a letter of concurrance. He E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1072 WINSTON CONTINUED noted that a conditional use permit is required for the keeping of the horses in a lakeshore zone. The parcel used for horse credit is partially in the rural zone and partially in the lakeshore zone. It was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Resolution #2063 as drafted approving the request. Motion, Ayes 3, Nays 0. #1073 JAMES DEANOVIC 2050 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2064 Mr. Deanovic was not present nor a representative for this matter. City Administrator Bernhardson explained the request for a conditional use permit for grading in excess of 100 cubic yards for a new house. The conditional use permit includes a variance because a small portion of the grading is in the 0 -75' lakeshore setback zone. In addition, because the lakeshore parcel is a separate tax parcel, staff is recommending a special lot combination in order to allow a dock. Assistant Zoning Administrator Gaffron noted that this application addresses the grading only and that the proposed pool on the property should be a separate issue with concerns, therefore, Finding 3A referencing the pool should be omitted from the drafted resolution. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2064 amending it to omit Finding 3A. Motion, Ayes 3, Nays 0. #1075 JOSEPH DURDA 3135 NORTH SHORE DRIVE VARIANCE RESOLUTION #2065 Attorney Ray Piirainen was present representing the Durda's. City Administrator Bernhardson explained the request for hardcover /structure variances in the 0 -75' zone to construct a balcony walkway and an after - the -fact variance for the deck. He explained that the house was constructed prior to the 75' setback requirement and in order to allow egress from a sliding door, staff issued a permit (perhaps in error) for a balcony walkway to be constructed as minimally as possible. This spring, the applicant replaced an existing 72 s.f. patio with a 144 s.f. wood deck without a permit. He noted another issue 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1075 DURDA CONTINUED being that the deck and stairs are approximately 25' from the edge of the pond which is considered as part of Lake Minnetonka and therefore the 75' setback applies. Mayor Butler stated that it is her recommendation that all plastic be removed due to the closeness of the lake and that the decks be allowed if they meet the standards used for decks in minimizing the impact of hardcover. It was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Resolution #2065 amending it to require removal of all plastic not allowing the replacement with a geotechnical fabric. Motion, Ayes 2, Nays 1. Councilmember Frahm voted nay stating for the record that he wanted to indicate to Mr. Durda, Planning Commission, and future Council, that personally he has been "inched enough on this property and would look askant at anymore hardcover whether put in legally or illegally and would require it be taken out ". #1077 INGEBORG CICI 875 WAYZATA BLVD. VARIANCE TO MORATORIUM City Administrator Bernhardson explained that prior to formal action by Planning Commission for Application #1062 Conditional Use Permit /Commercial Site Plan, Council must first act on approval of a variance to the temporary moratorium ordinance involving the Highway 12 Study Area, particularly as it relates to access. Additionally, because the only permitted access by MnDOT at this point is opposite the access drive of Vineyard of the Lake Church and could entail approximately $40- 50,000 for construction of a left turn lane and access road, Applicant wishes to find out if the City is interested in cost sharing of this project. Present for this matter were Mr. & Mrs. Ingeborg Cici and their selling agent Mary Weinzierl. Ms. Weinzier 1 stated that Mrs. Cici operates the Busy Beaver Day Care which has been in that location for 8 years with no accidents occuring during that time. She noted that in trying to get access from Hwy. 12, the City Engineer has proposed going as far east as possible on the property and sharing an access with the cemetery. Because this is a real hazardous area, applicant feels this should be a shared cost project due to it being a health and welfare issue and that others will be using this turn lane. 11 MINUTES OF THE REGULAR.ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1077 CICI CONTINUED Mayor Butler stated that in the normal course of events, the necessary improvements to accomodate the developer are to be paid for by the developer. Mr. Cici, who is an engineer, reviewed with the Council, the access requirements and the alternate access he proposes that has been approved by the Corp of Engineers and is in the process of being approved by MnDOT. City Administrator Bernhardson asked applicants if the City Engineer approves their revised access proposal which would solely serve their property, would they accept the total expense of construction? Mr. & Mrs. Cici stated they would agree with that. City Administrator Bernhardson stated that staff will refer this proposal to the City Engineer for his review. It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve granting the variance to the Limited Development Moratorium. Motion, Ayes 3, Nays 0. ENGINEER'S REPORT: PAYMENT #7 WM. MUELLER & SONS* WILLOW DRIVE /OLD CRYSTAL BAY OVERLAY It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve Request for Payment #7 to Wm. Mueller & Sons for Willow Drive /Old Crystal Bay Rd. Overlay in the amount of $8,329.20. Motion, Ayes 3, Nays 0. MAYOR'S REPORT: CABLE TV REPORT: Mayor Butler had no report. There was no Cable TV report. CITY ADMINISTRATOR'S REPORT: CARLSON /STEBBINS REQUEST FOR MUNICIPAL SEWER City Administrator Bernhardson explained the letter from Bruce Carlson requesting Council to again review the issue of sewer for the property that Jeff Stebbins had requested sewer hookup last year, 2165 Watertown Road. He stated that the issue would involve amending the City's policy which states that sewer be permitted in rural zones for properties that abut sewer only as a last resort. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 CARLSON REQUEST CONTINUED Mayor Butler stated that she was concerned with creating a chain of properties adjacent to sewered properties and the effects of that on the comprehensive plan. Bruce Carslon was present for this matter and stated, as listed in his letter, numerous agencies concur that sewer is preferable to septic systems. He stated that he felt the soil borings for that property were marginal at best and that no contractor will guarantee that a septic system will work. He stated that sewer is adjacent and available on his lot and allowing hook -up would provide less liabilities. Mayor Butler stated that the facts are that the community adopted a comprehensive plan that states that these areas would be 2- acre /5 -acre unsewered lots in order to maintain the rural character and open space of the community, in effect stating that if it is a difficult piece of property and will not sustain a septic system: a) because of the expense, sewer is not wanted. b) because of the development it creates, sewer is not wanted. c) if the property can, not handle its own septic system, the property should not be developed. Mr. Carlson stated that if there was no alterntive other than septic system available he could accept that, however there is an alternative. Councilmember Frahm stated that there is an entire perimeter adjacent to sewer and the line must be draw at a certain point in which the comprehensive plan does draw the line, and in order to approve his request the comprehensive plan would have to be amended. Assistant Zoning Administrator Gaffron stated that staff feels its success rate with mound systems has been very good and feels that this property can sustain a workable septic system. Councilmember Callahan stated that Mr. Carlson's points are well taken, however he agrees with Mayor Butler and Councilmember Frahm's opinion. It'was moved by Mayor Butler, seconded by Councilmember Frahm, to direct staff to re -draft a denial for sewer to this property with the appropriate amendments from the Stebbins' denial back in November of 1985. Motion, Ayes 3, Nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 TOWNLINE ROAD PETITION Due to the petition from residents on Townline Road requesting weight restriction and speed reduction on Townline Road, it was moved by Councilmember Callahan, seconded by Mayor Butler, to direct staff to draft the appropriate joint resolution with Medina and Independence requesting the State of Minnesota to conduct the appropriate survey on Townline Road. Motion, Ayes 3, Nays 0. FACILITIES STUDY - CONSULTANT ANALYSIS* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to table this matter until October 27, 1986. Motion, Ayes 3, Nays 0. BOW AND ARROW HUNTING ORDINANCE NO. 25, SECOND SERIES Dean M. Westby, 385 Orono Orchard Rd. S.; and Stan Lemmerman, 1515'Rainbow, Maple Plain, were present for this matter. City Administrator Bernhardson reviewed the issues involved in allowing Bow and Arrow hunting for certain game animals (particularly deer, in this case) in Orono being: 1) Should bow and arrow discharge for purposes of hunting be allowed in the community under any circumstances. 2) If so, what conditions would be imposed on a bow and arrow discharge for hunting. He reviewed staff's recommended circumstances for hunting to be allowed: - demonstrated nuisance of that game animal to the property owner - written permission from property owner and that hunter possess a state deer hunting permit -no hunting be done within 100 feet of any property line, within 500 feet of any buildings or 200 feet of any livestock - hunting can be done only during the appropriate season -that the hunter receive no compensation for the removal service apart from retention of animals killed. Mr. Lemmerman stated that the average distance involved in hunting a deer with a bow and arrow is 15 -20 yards and 99% of the time is done from an elevated stand. Therefore, he feels that for bow and arrow hunting, 100 feet from any building at an elevated stand would be appropriate as opposed to the recommended 500 feet. 14 - MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 BOW AND ARROW HUNTING CONTINUED Planning Commission member Goetten expressed concerns with allowing any hunting done in the City of Orono. After discussion, it was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Ordinance No. 25, Second Series to permit the discharge of bow and arrow for the hunting of games animals under controlled conditions, amending it to allow hunting within 100 feet of any property line and buildings, and that hunting be done only from an elevated stand that is a minimum of 4' from the ground. Motion, Ayes 3, Nays 0. MEDINA POLICE SERVICES City Administrator Bernhardson stated that Medina is considering Orono's proposal and others at their Council meeting on October 14th. HIGHWAY 12 MEETING It was moved by Mayor Butler, seconded by Councilmember Callahan, to acknowledge staff's work in developing contract services for the City of Medina for Police and authorize staff, if Medina continues to be interested, to undertake final negotiations for such services. Motion, Ayes 3, Nays 0. City Administrator Bernhardson reminded the Council regarding the Highway 12 Corridor Study Meeting scheduled for Wednesday, November 12, 1986 at 7:30 P.M. at the Orono School Cafeteria. CRYSTAL BAY REFUNDS* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, Orono City Council authorizes staff to issue the refunds to each of the four appellants in the Crystal Bay sanitary sewer project who paid the original assessment prior to the court awarded reduction. Such appellants and amounts are: Jeffrey B. Anderson - $3,486.14 Mrs. Emory (Ruby) H. White - $3,486.14 Wayne A. Quast - $3,486.14 Olai Hanson - $3,486.09 Motion, Ayes 3, Nays 0. DEPUTY FINANCE DIRECTOR'S REPLACEMENT* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to authorize establishment of the position of Financial Accounting Clerk at a starting salary range of $17,000 to $18,000. Additionally it authorizes staff to commence hiring for the position in advance of the termination of the current job holder. Motion, Ayes 3, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 ANIMAL CONTROL CONTRACT* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to terminate the contract with Linda Kadlec effective September 19, 1986 and enter into a contract with Mr. Gary Freeze to provide services through December 31, 1986 within budgeted amounts. Additionally staff is instructed to work to negotiate services for the contract year 1987. Motion, Ayes 3, Nays 0. HOWARD HULL, 2445 WOODHAVEN DRIVE* RESOLUTION OF DENIAL #2066 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to adopt Resolution #2066 denying connection to municipal sewer for property located at 2445 Woodhaven Drive. Motion, Ayes 3, Nays 0. CDBG YEAR XII FUNDS ALLOCATION* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, that the Orono City Council allocate the $4,061 of Year XII in restored funds to its Year X Rehabilitation Grant Program from which it had previously reallocated $3,877. Motion, Ayes 3, Nays 0. 1986 AUDITOR APPOINTMENT* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to appoint Pannel Kerr Forster as the audit firm to perform the required audits for the 1986 fiscal year at an estimated cost of $12,100 plus direct expenses. Motion, Ayes 3, Nays 0. 3536 LYRIC AVENUE - HAZARDOUS BUILDING PROCEEDINGS* RESOLUTION #2067 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, that Orono City Council adopt Resolution #2067 commencing hazardous building proceedings against the property located at 3536 Lyric Avenue and additionally authorizes staff to establish the requested hearing in the matter of a revocation of temporary certificate of occupancy. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to acknowledge City Administrator Bernhardson's Information report regarding: Howard Hull Request for Sewer Service Liability, County 19 Speed Request, Ulrich Property /DNR Permit, Crystal Bay Sewer Project, County Road 15 Status, Administrator Goal Setting, 1987 Final Budget Document, and Chapman - Riparian Easement. Motion, Ayes 3, Nays 0. 16 - MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 CITY ATTORNEY'S REPORT: City Attorney Barrett had no report. LICENSES* BILLS* There were no Licenses for approval. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 10:10 P.M. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 10:10 P.M. Motion, Ayes 3, Nays 0. 17 Mary C. B er, Mayor