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HomeMy WebLinkAbout05-13-1996 Council Minutesa ORONO CITY COUNCIL MEETING MINUTES FOR MAY 139 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr, who arrived during the discussion of agenda item #4. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, City Engineer Glenn Cook, Septic Inspector Steve Weckman, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. POLICE RESERVE RECOGNITION - TED WESTERDARL AND C.J. GONSIOR Acting Chief Cheswick recognized the years of service provided by Officers Westerdahl and Gonsior in the Police Reserve. Officer Gonsior was unable to be in attendance. Officer Westerdahl, past coordinator Officer Anderson, current coordinator Officer Thompton, and members of Officer Westerdahl's family were present. Cheswick relayed the many activities in which the police reserve serve the community. Some of these activities are medical calls, traffic control, house checks, patrol of the Luce Line, assisting at Orono High School for games and parking, security assistance, mutual aid to border cities, and special events, such as the annual Night -Out and Corn Days. Cheswick said Officer Westerdahl was recognized in March for his 20 years of service. He is currently employed with the Hennepin County Sheriffs Department and assists as a Police Reserve Officer in his off duty time. Officer Gonsior began as a Police Reserve Officer in 1985. His past experience with the Sheriffs Water Patrol was noted as well as his service as a Scout Master with Troop 206. Cheswick acknowledgment the services provided by Westerdahl to the Council. Callahan expressed his appreciation of Westerdahl as a source of strength and pride to the community in his role as a Police Reserve Officer and asked for his continued service. ( * #1) CONSENT AGENDA Items #5, 14, and 15 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. C� J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 APPROVAL OF MINUTES •1 (412) REGULAR MEETING OF APRIL 22, 1996 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of April 22, 1996. Vote: Ayes 4, Nays 0. ( * #3) 1996 BOARD OF REVIEW MEETING OF APRIL 24, 1996 Goetten moved, Kelley seconded, to approve the Minutes of the Orono 1996 Board of Review Meeting of April 24, 1996. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Park Commission Chair Flint invited the Council to attend the Park Tour scheduled for June 3, 1996, at 6:00 p.m. Flint informed the Council of the Commission's desire to continue construction of the Old Crystal Bay Road bike trail northward this year to approximately Hwy 12. He noted the problems that have arisen due to the lack of agreement with Hennepin Parks for completion of the trail to Baker Park. The DNR matching grant funds require the trail to be connected to Baker Park by the end of 1997. Callahan asked the Commission to consider continuing with the construction of the trail as it was in the City plans prior to involvement by Hennepin Parks. He noted the plan was still valid. The matching grant funds are available and should be used. Callahan said the issue with Hennepin Parks should be separated from the trail plan. Callahan informed Jabbour, when asked, that the concern of Hennepin Parks was due to the construction plan of an interchange at CoRd 6 and Hwy 12 that had a potential impact on Baker Park. Callahan said Doug Bryant of Hennepin Parks and Mn/DOT have scheduled to meet this month to discuss the intersection. Jabbour said he was concerned with a change in attitudes as it was his belief the City and Hennepin Parks were working together towards completing the trail. He too noted that Hwy 12 was a separate issue from the trail itself. Callahan expressed the need to determine the construction of the trail past the properties of two residents with particular concerns regarding the impacts of the trail and the need for a decision on how to proceed with that matter. Kelley was informed by Callahan that the City has spoken with the property owners but to no conclusion. •1 r . i. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 (Park Commission Comments - Continued) • Goetten asked for an update at the next Council meeting noting the large amount of time committed by the Park Commission. She felt it was important to extend the faith given in the trail plan and proceed with construction unless there are changes to impede its progress. Callahan asked Moorse to place the bike trial on the next Council meeting agenda. Flint informed the Council that the Commission is moving forward with the Park and Open Space Plan. The Park Commission is meeting on May 24 for its own work session and will be ready to meet with the Council in the beginning of June to solicit their input. A time for the work session between the Council and Commission will be set at that time. PLANNING COMMISSION COMMENTS Commissioner Hawn said she stood by the report as submitted and had no further comments. PUBLIC COMMENTS There were no public comments. • ZONING ADMINISTRATOR'S REPORT ( #4) #2088 WINFIELD STEPHENS, 3770 BAYSIDE ROAD - VARIANCES - RESOLUTION #3720 Mr. Stephens was present. Mabusth reported that the vacation of the 30' alley to the west of the property has been completed. The original comprehensive application involved both the current and former owner for both the vacation and variance application for proposed improvements. The Planning Commission had recommended the vacation be completed prior to review of the variance portion of the application. Mabusth reviewed the improvements proposed for the property consisting of a grade level and second story additions to house, detached garage, and roofed deck. There was a question on whether the original stone foundation would support a new second story residence. The building inspector approved the use of the original foundation with a new support wall at the easst wall. Mabusth noted that the applicant has met with the neighbors to the west of Landmark Drive, and they have agreed to a 15' setback from the west lot line where an existing garage encroaches 1' to Tinto Landmark Drive right -of- way. U .I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 r (#4 - #2088 Winfield Stephens - Continued) • Mabusth reported that the new construction would extend 6' further east into the substandard setback on the north lot line proposed at 3.5'. This includes a second story addition. A 26.5' variance is required. The structure meets the required 50' setback from Bayside, but an 8'x21' covered deck extends to the 45' line requiring a 5' setback variance from Bayside. The existing hardcover in the 250' -500' zone exists at 45% and is proposed at 48.2 %. Mabusth noted that the vacated right -of -way was added but this is a small area. Callahan inquired how the entire 30' alley was added to the Stephens property, when the normal procedure is for a 50/50 split between adjacent property owners_ Mabusth said the division of the right -of -way is dependent on the underlying fee ownership. The original owner and applicant entered into an agreement with property owners to west to insure that they would not make claim to vacated right -of -way. Applicants have submitted the agreement to the County. The residents on Landmark Drive had no interest in the alley. It was noted that the property is part of the Ottoville subdivision in which the right -of -way is included. Kelley asked to view the legal building envelope for the property. Mabusth reviewed the existing and proposed building envelope. Jabbour noted that without the vacated right -of -way, the property would be very limited. Kelley asked to recall a 1979 variance approval for the property. Mabusth said the previous owner, Mr. Gardiner, never proceeded with that improvement. Goetten was informed that the old deck was part of the new residence. Mabusth noted that during the Planning Commission review, the neighbor to the north was found to be required to place his house at the 50' setback and asked that this proposed construction not encroach further east along the substandard setback. Kelley said, even with the use of the foundation, he saw the project as a tear down and rebuild. Mabusth advised that this issue was of major importance to the Planning Commission_ Kelley asked what would happen if applicant's structural engineer requires a new cinder block foundation. Mabusth said the application would have to come back before the Council. She added that it was her understanding that the current foundation was usable. A new east wall will be built but the original foundation of the house will remain. The new support wall is required to support the construction of the second story. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • (#4 - #2088 Winfield Stephens - Continued) Goetten was informed that the house was originally built in 1902. She asked what the use of the east wall will be. Mabusth reviewed the elevations and showed the small enclosed deck, which will be located within the 6' eastern expansion. Goetten was informed by Stephens that the main floor square footage will be 2100 s.f., less a 20x20 garage. The original house is 24'x31. Jabbour questioned the validity of the vacation. Mabusth said she was advised that the underlying fee ownership and final division of land had been resolved by the County. Barrett said he speculated that the vacation was completed as a simple interest. He noted that the vacated property needed to go somewhere, and the County concluded that it should go to the adjacent lot as originally dedicated. Mabusth said the homeowners on Landmark Drive had no interest. Stephens said he never discussed the vacation with the Landmark homeowners that Steven Gardiner conducted all negotiations with neighbors. Jabbour said if the vacation was completed traditionally with a 50/50 split, there could be a problem with the construction on this project sitting at the 0 setback. Mabusth said it would then be an encroaching setback. Jabbour said it was disturbing and questioned the 18 validity of the vacation. 0 Callahan noted that the vacation would be from one parcel if parcel is there. Barrett said that is the assumption. Stephens said the agreement with the Landmark Drive homeowners was to end the construction at the 15' setback and attach the garage to the new construction. The agreement is in writing and is to the satisfaction of the Landmark homeowners according to Stephens. The garage is currently located in the alley. Goetten said she would like to see appropriate setbacks on this project and inquired if there was another place for the garage to be located? She is concerned with the 5' variance for the deck. Goetten noted the ambitious project, the odd - shaped lot, and asked to see changes to the plans. The Council continued to discuss the problem with the vacation and the possibility that the 15' setback, if the vacation is not valid, the garage would be at 0' setback from newly defined west lot line. 5 •e MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 (#4 - #2088 Winfield Stephens - Continued) • Jabbour said he saw the project as a rebuild and preferred that the original house be torn down and the new home placed farther away from the road. He then noted the review done by the Planning Commission and the lot being buildable with its sewer unit. Jabbour said the property owner is entitled to a house, and even though it is ambitious, it has been reviewed and recommended for approval by the Planning Commission. Jabbour said he would prefer the setbacks be changed from 3' to 10' and 40' from the roadway. He continued that he is concerned with granting a 0' setback, but if the Staff is comfortable that the vacation is legal and there is a 15' setback, he would approve it. Callahan and Goetten both expressed concern over the setback. Goetten preferred that the house be moved forward. Goetten said she would like to see improvements to the plan. She noted the right of the owner to build on the property but noted the size of the lot. Jabbour asked Stephens if there was value in the existing building or if he was attempting to accommodate the City's requirement of using the existing foundation. Stephens said he never looked at any other option and believes the house would sit best as proposed. Kelley noted the mature oak trees on the property. Stephens said two would be eliminated but 6 would remain. Maple trees are also located on the property. Goetten moved, to refer the application back to the Planning Commission. Jabbour • informed the applicant that if the application was denied, he would not be able to present another application for six months. Stephens said he began the process in November. He said it was his understanding that if the foundation was sound and utilized, the plans could be accepted. Stephens said it was also his understanding from Mabusth and the Planning Commission that he was allowed 15% of the total acreage for structural coverage. The proposed structural coverage is 14.3 %. Stephens said he was told that he would need to vacate the alley, which he has done, and to come to an agreement with the homeowners of Landmark Drive, which he has also completed. Stephens said the other neighbor to the north is satisfied with the plans. Stephens said he has been before the Planning Commission three times and is anxious to move forward. Goetten said she is still concerned with the size of the structure for the small lot. Callahan seconded the motion previously made by Goetten. (Hurr arrived at this time.) 6 L� MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • (#4 - #2088 Winfield Stephens - Continued) Callahan asked Goetten what direction she would give to the Planning Commission if the application was sent back to them for review. Goetten said she would ask for reductions in the plan. is Kelley said the plan does meet the 15% structural coverage and could be made even larger. It was noted that the project could not become larger without additional variances and the hardcover issue would also be a factor. Mabusth commented that any corrections made would be outside of the 75 -250' setback. Kelley asked and was informed that the property is not lakeshore property. Jabbour agreed that the project could be better by changing the setback or starting from scratch but did not feel the issue could be forced. The Council again questioned the vacation. Mabusth said if there is a question to the document, she noted the vacation and lot have not yet been legally combined, and Staff could reconfirm the validity as a result of the combination. Callahan said if the vacation is the issue, then there is no need to send the application back to the Planning Commission. He asked what the Council could ask the Planning Commission to do if the structural coverage meets the 15% allowable. Goetten responded that it has been requested in the past. Vote on motion to refer back to Planning Commission: Ayes 2, Hurr, Goetten; Nays 3, Kelley, Callahan, Jabbour. Motion denied. Jabbour moved, Kelley seconded, to approve Resolution #3720 per the Planning Commission's recommendation providing Staff is satisfied of the vacation of the alley as presently proposed and is included in the homestead parcel and legally combined. Hun said she had a problem with the hardship for the variance for the size of the structure. Goetten said she feels that issue of the vacation is most important and that there are other options available. Vote: Ayes 3, Kelley, Callahan, Jabbour; Nays 2, Goetten, Hurr. Motion carried. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ( *5) #2122 KAREN SKOOG/TAMERA CHRISTENSEN, 280/350 TONKA AVENUE • A. VACATION RESOLUTION #3721 B. SUBDIVISION OF A LOT LINE .REARRANGEMENT - RESOLUTION #3722 Goetten moved, Kelley seconded, to approve Resolutions #3721 and 3722 approving the vacation and the subdivision of a lot line rearrangement. Note the subdivision of a lot line rearrangement includes the waiving of the sewer assessment against combined Lots 17 and 18 (PID #05- 117 -23 14 0042), Vote: Ayes 4, Nays 0. ( #6) #2124 JOHN A. EARLING, 2165 COLIN DRIVE - VARIANCES - RESOLUTION #3723 The Applicant was present. Mabusth reported that the property is located on the south side of the cul -de -sac of Colin Drive. The application involves a street setback variance. The extension outlot will eventually connect to Devin Lane on the west. This through road would connect Brown Road and Willow Drive. The proposed garage is to be located in front of the line of the principal structure. Mabusth informed the Council of the topographical restrictions on the lot. The location for the garage was due to the slope of the land and the line of the trees. The garage will be 15 -16' high and adequately screened. The Planning Commission asked the applicant to plant evergreens on the north and west for winter screening. The east side of the house was not chosen for the location of the garage due to the well, a drainageway, and the slope of the land. Another alternate spot would have impeded the view from the new master bedroom addition. Mabusth reported that the doors of the garage will face to the east away from the street. The garage location will be located 50' from the existing cul -de -sac and 10' from the road extension outlot. Hurr asked whether the driveway would be asphalt or grass. Earling said the driveway would be constructed of a single lane of asphalt straight off of the cul -de -sac. Goetten asked why the garage was not located in an area not requiring a variance. Earling said he did not wish the garage to be in front of the residence and the thicket area chosen shielded the garage from everything. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • (#6 - #2124 John Earling - Continued) Mabusth said Commissioner Smith, the only negative vote to the recommendation motion, wanted the garage located within a conforming setback. Other Commissioners who visited the property noticed the sloping topography and the tree line and agreed the proposed location was the best place for the garage. Mabusth said the neighbors have not voiced any objection to the proposal. • Kelley asked what the width would be if the roadway was constructed. Gerhardson said the road would be a standard 24' width with ditches extending 10 -15' on either side. This was said to not cause a problem with the 10' setback from the outlot. It would, however, expose the structure to viewing. Earling agreed to moving the garage a couple feet farther in to avoid a problem with a roadway. He noted the shelter belt running east and west along his property. Hurr was informed that the garage overhang would be 18 ". Earling was advised that the overhang must meet the approved setback. Hurr moved, Kelley seconded, to approve Resolution #3723 with a setback of 12' including the overhang. Vote: Ayes 5, Nays 0. ( #7) #2125 RICHARD D. CLIFFORD, 4760 NORTH SHORE DRIVE - VARIANCES - RESOLUTION #3724 The Applicant, Mr. Clifford, was present along with Mrs. Olson, the new property owner. Mabusth reported that this application is the third time approval has been granted for lot width and area variances. This application requires width, area, and bluff impact setback variances. The structure will be located 36' from the top of the bluff, where 30' is required. However, there will be a 3' encroachment of the 20' bluff impact zone. Mabusth said the DNR is in favor of the proposal and has said the land alterations will improve the drainage. The neighbors have questioned the use of the driveway for access. Four parcels currently have access from the unimproved right -of -way known as Park Avenue. The roadway is in poor condition. Another resident of the area, Mr. Koubsky, is also requesting access from the north due to the unsafe condition of their existing access at North Shore Drive at a 20 %+ slope. The City is asking for an improvement plan from these neighbors. Gerhardson is reviewing the right -of -way to see what can be accomplished within the 30' to get the road as close to current standards as possible. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ( #7 - #2125 Richard Clifford - Continued) • Council asked if this right -of -way had an impact on the building. Mabusth said the Planning Commission recommendation did not link approval of variances to the resolve or upgrade of driveway. It was noted that as long as Mr. Clifford and future owners agree to participate in the upgrade and maintenance of the unimproved road, this should not present a problem. She added that some of the neighbors are still using North Shore addresses, which is confusing for emergency vehicles and others in locating the properties. Signs and reassigned addresses will be required. Mr. Clifford had no additional comments. Hurr inquired if these property owners would be assessed from improvements made? Mabusth said Staff is awaiting receipt of a plan and do not visualize a public improvement project. Jabbour noted that other properties have similar situations. He said Staff should address the issue of egress and ingress to the properties but not tie it to this application. Goetten was concerned that this issue would impact the variance. Mabusth said it would not. Hurr said she saw no rush in pushing through the application as there has been 3 variances since 1978. Mabusth noted that there is now a new owner involved. Callahan asked who maintains the unimproved road? Mabusth said the property owner of lot marked #4 maintains the road and charges the other users. Callahan moved, Kelley seconded, to approve Resolution #3724 per the Planning Commission recommendations. Vote: Ayes 5, Nays 0. Staff will work with the property owners regarding a plan for the road and inform the Council of such plan. ( #8) #2126 CITY OF ORONO - VACATION OF PORTION OF NAVARRE LANE - RESOLUTION #3725 Mabusth reported that 33' of Navarre Lane has been vacated for the O'Sullivan project. Staff saw benefit in also vacating this additional portion. Four utilities are located within the proposed vacation but easements will be taken over the property. The property owner will grant drainage and utility easements. Mabusth informed the Council that O'Sullivan will be responsible for the drainage from the easement parcel with a detention pond located on the church property. An agreement • has been made with the church. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • ( #8 - #2126 City of Orono - Continued) Kelley questioned the vacation asking whether the City should retain the easement for a bike path through the area. Callahan remarked that there was alot of traffic in the area. Hurr thought it was a good idea. Kelley noted that there is more and more pressure for a bike circuit. He noted that the old road connected Navarre with Wayzata at one time. Kelley said it could be used in the future and could always be vacated at a later date. Hurr asked if the vacation went to Lafayette Ridge, and if easements were taken back. Mabusth said they were assessed for street lights and easements were taken over all the vacation. Hurr moved, Kelley seconded, to deny the vacation of portions of Navarre Lane adjacent to church property and Lafayette Ridge but to complete the vacation of 33' of right -of- way adjacent to the O'Sullivan/Smith property. Vote: Ayes 5, Nays 0. ( #9) ON -SITE SYSTEMS CODE - ORDINANCE AMENDMENT - ORDINANCE NO. 147, 2ND SERIES Steve Weckman said the proposed revision to the septic code was due to new State . standards. The ordinance would comply with the changes as well as clean up wording and omissions presently in place. • Goetten commented that she appreciated the 5 year extension for completion of repairs to the non - shoreland systems found to be non - conforming due only to the lack of 3 -foot separation. Weckman responded that there are alot of systems in need of replacement, and it would take time to upgrade the systems. Jabbour suggested eliminating the shoreland regulation and respond when the need is shown. Weckman said it was a matter of compliance and need for inspections. He suggested the Council set a different length of time period for completion of the repairs if the separation issue was not of vital importance and no failure of the system is shown. Jabbour suggested 20 years. Kelley voiced his concern with the need for both primary and alternate sites for properties of 2 acre non - shoreland. He gave an example of a developed lot not having the required 3' separation but having a working system. He asked how that property owner could be asked to abandon a working system to go to an alternate system, which would be the property owner's "insurance policy ", when the state does not require a time period for conformance on the 3' separation. Kelley said if a mound system was installed, and it failed, the property owner would not have any alternate solution. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 (#9 - On -Site Systems Code Ordinance Amendment - Continued) • Jabbour said there were about 600 units in the City non - conforming, mainly due to the 3' separation requirement. He said he was not anxious to get involved in this issue. He noted the number of residents being driven out of their homes due to high taxes and cost of sewering. Jabbour commented that to ask a resident to pay $20,000 for a system is terrible, and noted that he wished to sustain the residents. Jabbour said it was his opinion that the new buyers of homes pick up the cost for upgrades. Callahan asked if the Council recommended making the upgrade requirement contingent on the sale of the property. Kelley said no, adding that it be contingent on failure of the system. He noted that if an addition was done and paid for in cash, it would not trigger an inspection by any mortgage company. Kelley said if a system is conforming except for the 3' separation and the residents plan on residing there, he saw no reason for them to need to use that insurance policy and force them to build on their alternate site. Hurr asked when the requirement for both a primary and alternate site was initiated. Weckman said that occurred in 1978. Houses built before that time did not require an alternate site. Mabusth clarified that this is the first time the City would be asking for an alternate site. Weckman said the language has been clarified regarding alternate sites and any changes to sites. Hurr asked if a site can accommodate an addition but there was no alternate septic site, • would no building permit be allowed because there is no alternate site? Weckman said septic is based on the number of bedrooms and bathrooms but conceded that this scenario would seriously restrict the property owner's options. Jabbour said his vision of the system would result in compliance within a year if the septic system fails, excluding the case of the 3' separation. Jabbour continued that if the property was mortgaged or the property sold, a new owner would force the issue. However, if an addition was built, he would leave the system alone. Weckman said Gaffron thought 5 years was realistic. It was a fair enough time to ensure people did not forget about the requirement but not so soon as to force the issue. Weckman thought 10 years would be satisfactory but 20 years would probably result in the State forcing the 3' separation requirement. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • (#9 On -Site Systems Code Ordinance Amendment - Continued) Callahan said this amendment shows the reason why the application to the Met Council was made regarding the MUSA line. The application would assist people to meet the requirements where there are problems of non - shoreland, 3' separation, and smaller lots with no alternate septic sites. Moorse said alot of the properties with the smaller lots are included in the MUSA application. Callahan said other property owners in the non - shoreland areas are required to repair the 3' separation problem within two years according to the current ordinance. Weckman said this affected any failure, whether shoreland or non - shoreland. Callahan said the amendment now would separate the shoreland and non - shoreland properties. Kelley added that the state law shows no time frame. Hurr said if a property is located within the MUSA, the amendment could be used as leverage to have the property owner buy into the sewering. Jabbour said this would be a major burden. Weckman said he understood that the amendment was difficult for those within the shoreland resulting in resentment from those not in the shoreland. Kelley noted that the state made the distinction for the City. (He noted that there is already distinction between shoreland and non - shoreland when it comes to setbacks and hardcover.) Hurr suggested the 10 year requirement as well as Goetten. It was noted that the issue could be revisited at a later date. Kelley asked if the licensed pumpers that pump out the septic systems, take the manholes off the systems and look at the baffles. Weckman said this is a requirement, but Kelley said it is never done. Weckman agreed that there was no follow thru. Weckman said the pumpers will be asked as a requirement for more detailed information. The pumpers will be asked if the pumping was done through the manhole, if the tanks were leaking, or if the tanks have bottoms. Weckman said inspection of septic systems includes checking for discharge and identifying whether the 3' separation is met, but the tanks cannot be inspected as they are full of sewage. Weckman said if the first pump out would include extending the baffle, all subsequent pumping would be easy. Goetten said this was alot of responsibility with 300 -375 pumpings a year. Kelley asked about the integrity of the test for the 3' separation. Weckman said if enough soil borings are done, the soil tester will have a good understanding of the soil conditions. Weckman said the reliability of the test is ultimately based on how good the person is performing the test. Weckman said identifying the colors of the soil is the most reliable test. Whether the soil is wet or dry when the inspection is done does not affect the color. Callahan asked if the current ordinance should be amended. Council noted the function • of the 3' separation but not its importance. They saw value in developing a reasonable time limit for repairs. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 (#9 - On -Site Systems Code Ordinance Amendment - Continued) • Kelley asked Weckman if correlations have been developed regarding the 3' separation. Weckman explained how the separation works noting 1' of good, dry soil is needed to treat the effluent. An annual rainfall is 26 ", but use of the septic system increases the water usage 26 times and will result in the water table mounding up. When 1', it is reduced, allowing an area where the effluent could get into the system, and result in only 1' separation. When the effluent is down 4' below the surface, it has been shown that no treatment is occurring due to an absence of oxygen and bacteria. Callahan remarked that there are alot of systems without the 3' separation working. Weckman said the water is then going away, and the effluent may or may not be treated, resulting in the contamination of the ground water. Callahan asked if the system is tested and the 3' separation is not found, does that mean the system is not working? Weckman said the water is going away and not treating the effluent. Callahan clarified that this would mean the system is not working and should be reported as such. Weckman said septic systems in the non- shoreland area have not been inspected for the 3' separation yet. Jabbour said there is then no way to tell if a system is actually working without sampling the soil. Jabbour added that if the State is aware of any aquifers being affected, they would initiate action immediately. a Hurr said she sees the City of Orono as pacesetters and recommended the 10 year repair requirement. Jabbour responded that this would drive people out of the area. Kelley said he believed the State would take some action within 10 years with pressure to sewer the remaining properties. Kelley asked if a property owner applied for an addition and no alternate site was designated at the City office, in addition to requiring a percolation test, what happens to 2 acre lots with no alternate sites? Jabbour responded that the addition would not be allowed. Weckman answered that if the addition was in the area of the future drainfield site, the addition would have to be moved as the area would have to be set aside for the future. Kelley said he sees the ordinance amendment as a major piece of legislation to the City. He continued that the Council needs to be aware of it, and there may need to be modifications made. Kelley said it was an on -going situation. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • (#9 - On -Site Systems Code Ordinance Amendment - Continued) Kelley said he questioned the quality of mound systems. Hurr noted that a mound system can be rebuilt. Weckman said a rebuilding of a mound system would cost approximately $5,00047,000. A new mound system is approximately $10,000. It was brought out that this cost is less than the cost of sewering. Weckman said he has never seen the need to abandon a mound system site and failures are usually the result of bad installation. Hurr moved, Goetten seconded, to adopt Ordinance No. 147, Second Series, an Ordinance Deleting Section 5.37 of the Orono Municipal Code Relating to On -Site Sewage Treatment Systems Contractors, and Deleting Section 5.38 Relating to On -Site Sewage Treatment Systems Site Evaluators and Designers, and Amending Section 12.30 Relating to On -Site Sewage Treatment Systems, and to approve the abridged version of said ordinance for publication. The Amendment would establish a period of 10 years for completion of repairs to non- Shoreland systems found to be non - conforming due only to lack of 3 -foot separation. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Kelley mentioned the letter to be provided by the City to the Met Council regarding the MUSA Amendment. Points #2 and 3 have been satisfied. An agreement is yet to be reached with Long Lake. Information on the sewer metering is required before the agreement can be completed. Information regarding the metering is expected back this week according to Cook. Callahan suggested scheduling a work session once the information is received. A work session is scheduled for Wednesday, May 22, at 8:00 a. m,, in order to respond to the Met Council by June 1. Hun said she visited Lakeside Marina and submitted photos for the file. She noted some of the promises made by the marina are yet to be completed. Hurr said she and Jabbour are working with the DNR regarding the Maxwell Bay access and issue of money in lieu of taxes. ( #10) PLANNING COMMISSION APPOINTMENT Callahan moved, Jabbour seconded, to nominate Bill Stoddard to the open appointment on the Planning Commission. Hurr said she would support the decision of the Council majority but voiced her support as an alternate, Bruce Kelley, a long time resident of Orono, who would come to the Commission with wisdom of age. Callahan noted that all of the candidates were • qualified. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ( #10 - Planning Commission Appointment - Continued) • Vote: Ayes 5, Nays 0. Callahan moved, Hurr seconded, to nominate David Beal to the open position on the Park Commission. Beal is also noted to be a long time resident of the City. Vote: Ayes 5, Nays 0. Callahan suggested filling the position of Vice Chair to the Planning Commission, which is presently vacant. Callahan moved, Jabbour seconded, to nominate Dale Lindquist as Vice Chair. Vote: Ayes 5, Nays 0. Callahan reported that there has been the policy of rotating the chair position on a yearly basis, which the Council will consider at a future point in time. ENGINEER REPORT Cook had no report. It was noted that load limits were removed this week. CITY ADMINISTRATOR'S REPORT ( #11) CONDITIONAL OFFER OF EMPLOYMENT FOR PUBLIC WORKS MAINTENANCE WORKER POSITION Moorse reported that the request is for a conditional offer of employment for a public works maintenance position. The offer is conditional as part of the selection process is the performance of drug testing and a physical. Moorse said the candidate is well qualified. Hurr asked the background of the applicant. Moorse said DeBaere worked 16 years with Long Lake Ford Tractor, 5 years of which were spent as a mechanic. DeBaere attended vocational training for mechanics and welding. He has also demonstrated heavy equipment experience. DeBaere has experience in installation of water lines and lift stations as well as snowplowing. Hurr was informed that 45 applicants were received for the position. Hurr moved, Jabbour seconded, to authorize a conditional offer of employment to be made to Mr. Donald DeBaere for the Public Works maintenance worker position. Vote: Ayes 5, Nays 0. It was noted that the position is budgeted. C] 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 • ( #12) LORD FLETCHERS REQUEST FOR USE OF PUBLIC PARKING LOT Moorse reported that the request is to allow Lord Fletchers to use a portion of the public parking lot in Navarre for use by their employees on weekends during the summer months. Shuttle buses will be used to transport the employees between the restaurant and parking lot. Moorse said problems that occurred last year have been worked out. The request is similar to that of last year with a number of conditions attached. Lord Fletchers' representatives said they agree to those conditions. • Callahan moved, Goetten seconded, to authorize Lord Fletchers to use the public parking lot in Navarre with conditions #1 -8 as listed. Jabbour asked and received no comments from those in attendance at the meeting. He also noted that he spoke with a person who had concerns over the use last year and was told those problems were worked out. Jabbour asked that the distinction be made why Lord Fletchers would be allowed to use the parking lot and not Jack Smith. It was noted that Lord Fletchers has signs posted for patron parking and use of the lot by employees only is a good solution. It was also noted that, because it is a public lot, it could be used by Lord Fletchers' customers without specific approval by the City. The agreement to allow employee parking only is a much better arrangement. The use of the parking lot by the Lafayette Club last year was mentioned. Hurr noted that both businesses are located outside of the City of Orono and should be considered on an equal basis. It was noted that the Lafayette Club did not request use of the parking lot and would receive equal consideration if a request was made. A maximum use of 60 parking stalls will be permitted. Vote: Ayes 5, Nays 0. ( #13) DAN HANDLIN REQUEST TO ACQUIRE CITY PROPERTY TO RESOLVE NON - CONFORMING DRIVEWAY ISSUE Moorse reported that the property owners of 3860 North Shore Drive have requested to acquire a portion of a City property that was obtained through tax forfeiture in order to resolve a non - conforming driveway due to its partial location on the City -owned lot. Moorse said the former owner installed the driveway without permits resulting in a cloud on the title when it was sold. The new owners went ahead with the purchase of the property, and money was escrowed to resolve the problem. 17 e MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ( #13 - Dan Handlin - Continued) • Approval of the request would enable the current driveway to conform. Repositioning of the driveway would be the less desired solution. Moorse said the driveway could be installed on the side of the house where it was originally located. This is said to be feasible but would have impacts on the property. Hardships are listed. Callahan noted that it is not legal for the City to sell the property. Moorse said the parcel is owned by the City for a specific use only, similar to a lease situation. Once the property is used for other purposes, ownership would be reconveyed to the County. The parcel could then be made available to the adjoining property owner at market value. Moorse reported that the City owns lots 23, 24, 25, 26, and 27 for use as open space. Lot 23, the Iot in question, has sewer lines running thru it as well as a wetland area that extends into lot 24. Hun said she was concerned with setting a precedent noting that there is an alternate solution of moving the driveway. Hun inquired about maintaining an easement on the lot. Moorse said the City would do a lot division reconveying only a portion of the lot necessary to remedy the driveway problem back to the County and maintain that portion of the lot containing the wetlands and sewer line. 0 Property owner, Don Handlin, said they purchased the property knowing the problem but still desiring the property. It is their intent to solve the issue in a reasonable fashion. Handlin said the best solution is that which is proposed. Changing the driveway would result in the loss of mature trees and landscaping. Handlin said he sees the request as reasonable. He said he is not at fault for the occurrence of the problem but is responsible for resolving it. Handlin said he agrees with the conditions 1-4 as listed. He noted that the property would also be placed back on the tax roll. Handlin said, as far as setting a precedent, he asked what precedent that would be. It is his understanding that no precedent would be set by allowing this purchase to occur. Kelley said that the Council was here to try to help people. Hurr noted that the lot would be deemed unbuildable due to the wetlands. Handlin said he would want to protect the wetlands and understands that the lot is unbuildable. Callahan said he agreed with Kelley noting the public use was not being impacted by this request. Moorse said the Staff agreed with Council Member Hurr that the City should not generally sell off City property, but the circumstances of this request make it a reasonable one. • 18 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ( #13 - Dan Handlin - Continued) • Hurr said she did not desire the City to sell off City owned property. is It was noted that the driveway was installed after the City gained the tax forfeit property. Kelley asked Staff to suggest the area of the parcel to be divided. The applicant will pay the cost of the division of the lot. Kelley also asked that the two lots be combined. Callahan moved, Goetten seconded, to approve Mr. Handlin's request to acquire a portion of the City parcel adjacent to his property to bring his existing driveway into conformance. Vote: Ayes 5, Nays 0. ( *14) GOLF COURSE PURCHASE - T MARKERS Goetten moved, Kelley seconded, to approve the purchase of tee markers for the Orono Golf Course from Imaginality Incorporated for an amount of $5,304. Vote: Ayes 4, Nays 0. ( *15) GOLF COURSE PURCHASE - MOWER Goetten moved, Kelley seconded, to approve the purchase of one new greens mower from North Star Turf for an amount of $3,925.18. Vote: Ayes 4, Nays 0. ( #16) BUDGET ADJUSTMENTS FOR 1995 Kelley asked why adjustments are made to match up to expenses. He noted that this does not reflect what actually occurs. Kelley said if residents want to see the budget and what actually occurred in a year, they would see the same result. He questioned why a budget is then done at all. Moorse said it was a matter of reflecting decisions made during a budget year to spend more than the original budget amount. Jabbour said the money brought in is spent but this makes it difficult to ascertain the difference. Callahan moved, Jabbour seconded, to approve the budget adjustments and transfers above for the 1995 General Fund budget. Vote: Ayes 5, Nays 0. Callahan commented that Staff had provided an investment report for Council review. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ( * #17) 1996 FIRST QUARTER REVENUE & EXPENDITURE REPORT (INFORMATION ONLY) Information only; no Council action required. CITY ATTORNEY'S REPORT Barrett had no report. ( * #18) LICENSES Goetten moved, Kelley seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Garbage & Refuse Collector's License: Parade/ Special Event Permit ( * #19) BILLS Baldy Sanitation 5906 Henry Street Maple Plain Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Rd.N. Mound Cleanway Sanitation, Inc. P. O. Box 222 Long Lake Woodlake Sanitary Service 9813 Flying Cloud Dr. Eden Prairie David L. McNichols Burnet Realty Walk -a -thon May 18, 1996, 10:30 - 2:30 p.m. Goetten moved, Kelley seconded, to approve the payment of the All Funds Account. Vote: Ayes 4, Nays 0. 20 • • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 13, 1996 ADJOURNMENT • Mayor Callahan adjourned the meeting at 9:56 p.m. • • Edward J. Calla n, Jr., Mayor ATTEST: 21