HomeMy WebLinkAbout08-26-1996 Council MinutesORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 269 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. Representing Staff were Public Works Director John
Gerhardson as Acting City Administrator, City Attorney Tom Radio, Building and
Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator
Michael Gaffron, City Engineer Shawn Gustafson, and Recorder Sherry Frost. Mayor
Callahan called the meeting to order at 7:02 p.m.
( #1) RM DANIELS, LAKE MINNETONKA COMMUNICATIONS
COMMISSION - 1997 BUDGET
Jim Daniels, Cable Administrator, and Tim Patrin, Cable Commissioner, were present to
discuss the past year's activities and upcoming budget for 1997.
Patrin reported that the activities for the year have revolved around four issues, 1)
Telecommunications Act, 2) right -of -way and easement rights, 3) merger, and 4) re-
franchising proposal. The Congressional legislation resulted in a major overhaul opening
telecommunications to the marketplace. This will allow cable, phone, and long distance
to all use the telephone lines eliminating rate battles. The Commission will no longer
• regulate it. The right -of -way and easement use is being reviewed by cities. Daniels is of
the belief that it will surface in the legislature in 1997. A franchise renewal is occurring in
1997 -98. A possible merger will free up funds for Triax, who has asked for an early
renewal. This will allow the technology available in fiber optics and cable to be state of
the art for Orono.
Jabbour asked if bids were open and if the RFP procedure would be followed. Patrin said
the Commission is open to it. Daniels said the franchises are non - exclusive and were
looking at opening it up to others.
The new north studio location was negotiated with Triax. The cable commission took
over the access area relieving Triax of running the studio. Daniels and Patrin feel the
cable commission is capable of a better performance. A new location for the studio is to
be announced soon.
Patrin said the budget for 1997 is similar to 1996 with small increases in franchise fees.
The fee of $49.20 is a result of the north studio and growth in subscriptions. The
operating expenses are up because of the employment of a person for the studio. There
are also legislative fees. The budget shows an overall increase of 2% and is being
submitted to the Council for approval.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
( 91 - Lake Minnetonka Communications Commission - Continued)
for the increase in wages. •
Hurr asked for an explanation es. Daniels said the 3% covers g
administrator, studio manager, secretary, and production assistant. Huff also questioned
the travel expense. The amount is incurred due to the large amount of traveling by
Daniels in promoting the cable commission, includes legislative trips, and other related
expenses, such as meals. It was also noted the expenditures include an amount for two
audits. The commission reviews the finances yearly, as well as the franchise fees for
Triax, and allows funds for a future audit.
Callahan informed the public that the cable commission was not funded by taxes but by
franchise fees. The information presented was for information only and no decisions are
made by the Council as to money spent by the cable commission.
Kelley asked if the increase in franchise fees for 1996 -97 were from new households or
reductions from franchisers. Patrin said the money is only an estimate but does not go
down, noting the amount is 5% of gross. Daniels said the cable commission enjoyed
growth this year. Kelley added that the audit is also to ensure that the commission gets
the 5 %.
Jabbour, who is the Council representative to the cable commission, asked to suggest
another person to aid in representation due to his lack of time for involvement. Moorse
is in possession of an applicant for such a spot. Huff said the representative must be •
from the Council, and Jabbour noted the ability to have an alternate. Daniels said that
along with the Council representative, an alternate can be chosen. The alternate can fill
the representative seat when needed and have full voting power.
Jabbour moved, Hun seconded, to approve the 1997 budget for the cable commission.
Vote: Ayes 5, Nays 0.
Jabbour thanked Patrin for his work as the Orono representative.
Goetten noted that the Council will look at filling the alternate spot.
( * #2) CONSENT AGENDA
Agenda items 95 and 7 were added to the Consent Agenda.
Huff moved, Goetten seconded, to approve the Consent Agenda as amended. Vote:
Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
• APPROVAL OF MINUTES
( * #3) REGULAR MEETING OF AUGUST 12, 1996
Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council
Meeting of August 12, 1996. Vote: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS
The Park Commission was not represented.
PLANNING COMMISSION COMMENTS
Planning Commission Chair Dale Lindquist had no comments.
PUBLIC COMMENTS
There were no public comments.
ZONING ADMINISTRATOR'S REPORT
( #4) #2150 KENT AND SUSAN SWANSON, 3229B CASCO CIRCLE -
• VARIANCES - RESOLUTION #3753
The applicants were present.
Mabusth reported that this property provides access to two adjoining properties. The
proposal is for variances for hardcover in the 0 -75' and 75 -250' setback zones, lakeshore
setback, and average lakeshore setback for the construction of two small additions. One
addition is 27 s.f to the lakeside consisting of a single -story bay addition located in the 0-
75' setback. The applicants propose the removal of a Y wide deck at 103 s.f.. This
improvement would result in 76 s.f reduction of structural coverage. The other addition
is located outside of the 0 -75' setback area. It is a single story addition to the kitchen to
expand the dining room area. There would be no reduction in hardcover as
improvements will be located over existing hardcover. The additions are located 30' and
40+' in front of the average lakeshore setback.
Mabusth said the applicants are in the process of reviewing their financial ability to
complete the additions. Applicants may only proceed with one improvement.
Mabusth noted that the Planning Commission recommended approval of the variance
application. The only member voting against the proposal was Peterson, who historically
has voted on principle against proposals encroaching the average lakeshore setback.
Peterson did say that there was no visual impact for neighboring properties.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
(#4 - #2150 Kent and Susan Swanson - Continued)
•
Goetten asked the applicants which of the proposals they will construct. Susan Swanson
asked that both of the additions be approved. Swanson noted one will allow room for a
dining room table. Two access doors are now located next to each other, and it is the
applicants desire to clear up a traffic pattern problem. Swanson added that the additions
will not increase the hardcover on the property.
Jabbour moved, Hurr seconded, to approve Resolution #3753. Vote: Ayes 5, Nays 0.
(* #5) #2156 MICHAEL & THERESA EASTMAN/LAKEVIEW GOLF, 4520
WEST BRANCH ROAD /405 NORTH ARM DRIVE - SUBDIVISION OF LOT
LINE REARRANGEMENT - RESOLUTION #3754
Hun moved, Goetten seconded, to adopt Resolution #3754, granting a subdivision of a
lot line rearrangement for Michael and Theresa Eastman of 4520 West Branch Road and
Lakeview Golf Course, 405 North Arm Drive. Vote: Ayes 5, Nays 0.
(#6) #2158 JOHN O'SULLIVAN /GRACE BAPTIST CHURCH PROPERTY, 2380
SHADYWOOD ROAD - REZONING - ORDINANCE #149, 2ND SERIES
Applicants, John O'Sullivan, Erwin Smith, and Dan Clausen, representative of the church,
were present. •
Gaffron reported that the request by O'Sullivan is for rezoning of the Grace Baptist
Church property. A public hearing relating to the rezoning was held during the Planning
Commission meeting on August 19, 1996. Due to a time constraint with the purchase
offer, the applicants asked that the Council hear the issue at this meeting.
Gaffron continued in reporting that the property is a 1.7 acre parcel located in the LRIC,
1/2 acre residential zone, and is requested to be rezoned to the B5, Limited
Neighborhood Business District. The property is located north of the intersection of
CoRds 15 and 19 near Navarre Lane. The property is surrounded by LRIC zoning to the
north and B 1 commercial to the southwest and southeast.
The proposal within the B -5 zoning is for a 2 -story light retail and office building and
may include a bank with drive -up lanes, parking areas, and a stormwater holding pond.
The request is also for the rezoning of a portion of Navarre Lane between the O'Sullivan
site currently under construction and the church property. This portion will eventually be
the subject of a vacation request.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
• ( #6 - 92158 John O'SuIlivan/Grace Baptist Church Property - Rezoning - Continued)
Gaffron informed the Council that the Planning Commission reviewed the rezoning and
recommended approval by a vote of 6/0. Noted in their conditions and reasoning was the
concern for the property in its present distressed condition and vacancy. The Planning
Commission recommended rezoning without performance of a comprehensive study of
the Navarre area because of the church condition and its location being surrounded by
commercial on two sides. They also thought the B -5 zoning matched the proposed uses
and noted the overwhelming support being given by the residents and businesses in the
surrounding area. The Commissioners saw this development as being a possible catalyst
for improving the Navarre area.
Gaffron noted that the Planning Commission also saw the need to change wording within
the B -5 zoning list of allowed uses. They asked that the B -5 zoning be amended to
eliminate some of the uses they see as inappropriate to the times.
Gafli-on noted the petitions and letters of approval within the information packets. The
Council was asked to take formal action for either adoption, denial, or tabling, and to
direct Staff whether to proceed with amending the B -5 code.
Callahan asked O'Sullivan for his comments. O'Sullivan reported that he was involved in
the B -5 selection for the property. He read the zoning codes and saw the B -5 as the best
• fit for the property and neighborhood. Two public tent meetings were then held. People
living within 600' of the property as well as a 6 square block area were notified of the
meetings. The meetings were attended by 80 people. O'Sullivan said there were no
objections voiced to the proposal. O'Sullivan also noted that Planning Commission Chair
Peterson and two other Commissioners attended at least one meeting. Peterson was said
to have stated at the meeting that the Commission does not take rezoning Iightly.
O'Sullivan noted that Peterson made the motion for approval at the Planning Commission
meeting commenting that the proposed use was the best fit for the site.
O'Sullivan also reported that he contacted 80% of the businesses in the community. All
of those contacted gave their support of the proposal and signed a petition.
O'Sullivan also said he has received support of the City Staff. He reported that in
meetings with Shawn Gustafson, City Engineer, and a County engineer, no red flags were
thrown regarding access except that they not be too close to the corner. O'Sullivan noted
a letter from Gustafson dated March 12 that states it appears the use is good and feasible
from an engineering standpoint. Gustafson confirmed stating this in the letter.
O'Sullivan asked the Council to endorse the rezoning. He noted the number of letters
received favoring the proposal and related some of the comments received.
• Dan Clausen added that he would like to see the property sold noting that O'Sullivan has
been the first developer with both a good plan and finances to back it up.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
(#6 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued)
n that he has alot of money •
Erwin Smith commented t y invested in the area and would like to
see the proposed development blend in with what has already been accomplished there.
Callahan noted the comments and letters received.
During public comments, Robyn Hallonquist, 3324 Navarre Lane, gave her strong
support for a daytime business conducive in hours and security with that of the
neighborhood. She voiced her trust in O'Sullivan. Hallonquist said she has spoken with
many of the neighbors and heard unanimous support. The only concern has been for
increased traffic to Olive Avenue and Navarre Lane.
The president of the local Re -Max Realty Office said O'Sullivan's would be an excellent
business addition to the area. He noted when people who move out of the area are
asked, they note the lack of shopping in the area, adding that a retail addition would be
well received.
Jabbour asked O'Sullivan and Staff to comment about the concern by the Planning
Commission for amendment of the B -5 zoning code. Gaffron said Staff would need
direction to proceed with an amendment. It would then go through the Planning
Commission as a separate process on behalf of the City. Gaffron said it would not be tied
to the application. Goetten added that it does not need to be tied to the application. •
Jabbour asked O'Sullivan how the proposal would be affected if Navarre Lane was kept
open for a bike trail. O'Sullivan commented that he had set aside an area on one end of
the site for a bike trail. Jabbour asked what would occur if the Council decided not to
vacate Navarre Lane. O'Sullivan said the easements would have to be relocated. Jabbour
noted that there was the possibility of no easement or vacation. O'Sullivan said he prefers
the vacation but if he was unable to use it, the development would not be ruined. He did
say he would ask for a driveway over it and a trail would be less of a concern.
Callahan reported that the issues brought forward by Jabbour were not appropriate to the
rezoning issue itself regarding the vacation of Navarre Lane and amendment of the B -5
language. Jabbour agreed. These issues would be considered during the land use
application. Callahan said the particular proposal is a commitment to the parcel and
beyond the particular proposal.
Hurr stated that the rezoning does not involve O'Sullivan only. She asked that the
residents understand what is shown is what is on a proposal. Permission for proposals
are based on what is in the code. Hurr said she is opposed to the rezoning noting the
traffic in the area is a problem. Hurr questioned Staffs position regarding the proposal
and rezoning.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
( #6 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued)
•
Gaffron noted it is Staffs position that a comprehensive study of the Navarre area should
be completed before reacting to a particular proposal. Gaffron said he did not think the
proposal was bad but there were many site issues to resolve. In the scheme of the
comprehensive plan, Gaffron said the proposed rezoning does fit in. He noted that two
sides of the property were commercial, and the Comprehensive Plan map indicates the
property may also be planned commercial. Absent a comprehensive study, Gaffron said
there was a proposal before the City which requires review and a conclusion to be drawn.
Gaffron said he is taking a neutral position on the rezoning.
Hun noted that the City was requested in September of 1995 to look at rezoning of
another property in Navarre for an auto detail company. Hurr said Staff, at that time,
indicated the City would not consider spot zoning nor did the City do spot zoning. Hurr
said the City should be consistent and treat each applicant equally.
Goetten responded that that particular application further south on Shadywood Road
included two lots, one residential and one commercial. There was no problem with the
one commercial lot. The second lot was asked to be considered for rezoning to
commercial for a future addition. Jabbour added that the applicant was looking at a
vision for the future but did not make a formal request for rezoning. The applicant was
only stating a philosophy.
• Jabbour commented that the comprehensive plan might indeed suggest the property be
commercial and was actually planned to be commercial, though not zoned commercial.
He asked Gaffron to clarify the position on this and the comprehensive plan taking
precedence over the zoning ordinance. Gaffron displayed an enlargement of the
comprehensive plan map while noting the danger of doing so. The map of the property
under discussion appears to be included in the area of commercial properties. Gaffron
said it could be argued whether it was in or out of that particular area. In excerpts from
the comprehensive plan, the language talks generally about Navarre, not specifically by
properties. The need for cross roads, adequate to serve retail and office, appropriateness
in or near the Navarre area, and with the map itself, suggests Navarre is considered a
commercial area. The fact of being adjacent to two commercial properties may also aid
reaching a conclusion.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
( #6 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued)
said he was at this point still undecided whether the property should be rezoned. •
Callahan p p p Y
He noted that the piece of property does fit in with the commercial area. Although an
application is before the Council from a particular person to zone it commercial, Callahan
said that applicant could change his mind away from the development. Once the property
is changed to commercial, it would then open the church property to other options, and
Callahan said the Council needs to consider that fact. Callahan said it was also a fact that
the proposal is not necessarily what will occur on the site. Callahan said another
consideration must also be the impact of such rezoning and building on the area. If the
Council is to look at a project having such impact, Callahan said they may also need to
consider all of Navarre's business area and not just this particular property. If the
rezoning does occur, Callahan said it would be convenient. Callahan noted, if the
property is rezoned, it would be easier to imagine that there would be slot of pressure to
change other areas as well; thus, the need to look at all of Navarre. Callahan also voiced
concern in rezoning to B5 with the Planning Commission recommending changes be
made to the language of that zoning. Callahan noted, in spite of his noted concerns, that
the property is a natural for rezoning. Since the project remains and if a study of Navarre
is conducted, Callahan said this area should be included in the B -5.
Kelley said he was in favor of moving forward on the rezoning of the property now.
Regardless of O'Sullivan's application, Kelley said he sees the B5 as a great use for the
property. •
Goetten reported that she has spent a great deal of time thinking over the rezoning,
reviewing the comprehensive plan, and discussing the issue with Gaffron. In response to
Hurr's comment from past minutes on the concern over spot zoning, Goetten said she did
not find it so compelling with all the other commercial areas surrounding the proposed
site. Goetten noted the people in the area look upon the property as a conduit between
the commercial and residential, and she agrees with that assessment. Goetten said she
was in support of the rezoning and voting on it at this meeting. She felt a B -5
amendment could be reviewed at another time. Goetten noted that the church property
has been vacant for a long time, this is the first viable proposal for that property, and the
community is in support of it.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
(46 - 92158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued)
•
Jabbour said he believes Gaffron's remarks concern the property possibly being
considered commercial under the comprehensive plan, which he feels overrides the
ordinance. Jabbour noted receipt of a letter from a person in the community who would
like to see the Navarre area similar to that found in Wayzata and Excelsior. He does not
agree with that philosophy. He noted how owner occupied businesses take pride in their
area, monitor it, and invest in the future, which is why Jabbour feels that O'Sullivan is
doing so. Jabbour said, while the area can be studied, the fact remains that very few
steps have been taken to move this area forward adding that a critical mass of people are
needed for this to happen. Having 4 -5 businesses as owner occupied helps fulfill this
vision according to Jabbour. He added that the B -5 was a good use of the property and
complies with the purpose of protecting the neighborhood. Jabbour said he was in favor
of rezoning. He reminded the Council of the reason the property has been kept
residential, as Orono is difficult to deal with regarding rezoning and urged the Council
not to be afraid of the next proposal looking at rezoning.
Hurr reported that the comprehensive plan also talks of housing for this particular site,
which would allow for 6 units in 3 duplexes. Hurr noted that Orono is lacking affordable
housing. Callahan responded that no one has proposed such housing for the site.
Jabbour added that he would like to see a clinic and drug store, but no one is here to
provide for that. O'Sullivan noted that a person first has to buy the property, but that
• was the reason B5 was selected as there is no problem with the uses listed in the B5,
neither were they offensive.
r]
O'Sullivan commented that he saw his proposal as the best fit for the community. If he
does not follow through with the proposal, O'Sullivan noted that any other developer
would have to follow the code. O'Sullivan said he felt the reason the property has
remained residential for so long is because of the church building being there. He asked
Gaffron to display the zoning map, exhibit D, and noted how the church faces the Amoco
station across the street. O'Sullivan said he could not imagine it as residential property.
He believes a church fits in a residential neighborhood. Once that church building is
gone, O'Sullivan said the property presents a clean line from the commercial to the
residential. He also added that he does not believe other neighboring property owners
will in turn ask to be rezoned. Callahan responded that he did not agree.
Regarding the B5, Callahan said it was only a suggestion that the B5 be amended. Since
the issue is basically the consideration of rezoning for this property to commercial,
Callahan said he was inclined to vote in support of it. He asked the other Council
Members if the zoning should be studied if businesses in the area desire a change. He
noted the lack of results from the last study but felt it was a good time to revisit the issue.
Callahan added that if this property's development has an effect, it would behoove the
Council to see if a flow can be generated to benefit all.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
( 96 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued)
•
requires Goetten noted that a a 4 /5th majority vote. She noted that the Council
would be putting faith in the person before us, but it is considered Orono's downtown
area, and Goetten feels she should support and trust what O'Sullivan is planning to
accomplish as it will impact the whole area. Callahan responded that the rezoning to
commercial is not dependent on O'Sullivan.
Jabbour moved, Goetten seconded, to approve the rezoning of the Grace Baptist Church
Property at 2380 Shadywood Road to B5, Ordinance #149, 2nd Series. Vote: Ayes 4,
Nays 1, Hurr.
City Attorney Radio asked to comment on the Council's statement of trust. He noted
that the property is now rezoned B5 commercial, and if the B5 was to be considered for
amendment, the Council should proceed post haste. He reasoned that the Council should
not be in the middle of the amendment during the review of the building permit
application. Callahan noted this would involve a comprehensive review of the zoning for
expansion and language as drawn attention to by the Planning Commission. Jabbour
asked that all persons in the area be notified.
Hurr asked that all of the requirements of the particular zone be reviewed noting the large
number of variances allowed on the current O'Sullivan development. If this property as a
vacant piece of land still requires a number of variances, Hun said that it may be that the •
code is not correct. Callahan responded that the description in the zones also refers to
other areas such as Hwy 12 and may have merit. He noted a particular area in that zone
also needs to be reviewed.
Gaffron said he has identified three tasks: 1) defining the appropriate uses in B5, 2)
setback and hardcover requirements in B5 and other zones, and 3) studying the Navarre
area, both vacant and developed parcels, and what it should be. Gaffron said the issue of
uses could be on the September agenda but the study would require more time. Hurr
said she was concerned with precedent setting of allowing variances on raw land, noting
it would then be difficult to hold development along Hwy 12 to the code requirements.
Gaffron informed the Council that the B5 square footage is a minimum of 20,000 s.f.
The property in question at 1.7 acres is larger than that minimum.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
• ( 96 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued)
Callahan asked that Staff look at the Navarre area as a starting point. Gaffron asked
whether a B -5 amendment public hearing should be held at the Planning Commission's
September meeting. Callahan asked that the B5 be reviewed first. Huff noted that the
Council can look at the B5 without the other zones and then make comparisons.
Mabusth noted Radio's precaution. She said part of the comprehensive study would
involve review of the whole zoning. Callahan commented that the desire was to upgrade
Navarre, and the time to propose studying the issue is now. Gaffron said he would
outline where the issues are at the next Council meeting, and the Planning Commission
would hold a public hearing to discuss the changes to the B5 at their September 19
meeting.
( * #7) #2163 LARRY & SHARON GEHL, 1825 CONCORDIA STREET -
VARIANCES - RESOLUTION #3755
Huff moved, Goetten seconded, to adopt Resolution 43755, granting lakeshore setback
and average lakeshore setback variances to Larry and Sharon Gehl at 1825 Concordia
Street for the construction of a second story deck addition located less than 75' from
Lake Minnetonka and encroaching the average lakeshore setback. Vote: Ayes 5, Nays
0.
. MAYOR/COUNCIL REPORT
0
Goetten reported on attending a meeting regarding land use study for the Met Council.
She said the committee will be the conduit between the Met Council and cities in relating
decisions made by the Met Council on development re- development, and land use.
Huff said she is working on a committee for the League of Minnesota Cities, whose job
is to evaluate the Met Council.
Kelley said he would like to see the members of the Met Council as elected officials.
Huff agreed. Callahan did not agree voicing concern for accountability.
Jabbour said he spoke with Mayor Tod Olson of Long Lake regarding a Watershed
meeting dealing with plans to handle the watershed regionally.
Jabbour said he informed Olson that a letter or document should be sent to the Met
Council indicating Long Lake's agreement for sewering. Callahan said it was determined
that the sewer capacity would handle the amount of sewer units available so permission
from Long Lake was not necessary. He added that the sewer agreement would need to
be amended.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
(Mayor /Council Report - Continued)
Kelley reported on a meeting regarding Hwy 12 /Co Rd 6 attended by two Planning •
Commissioners and three Council Members, along with John Shardlow. It was
recommended that the area be left as B-6 zoning with a PUD as a backdrop for retail
development. This gives the City the ability to more closely monitor retail not covered by
the B -6 zoning. Callahan said the committee also decided on the location of Kelley
Parkway for extension to establish the north boundary line. Hun asked if the road would
be at the City's expense. Callahan said the road would only be dedicated. A language
change in the B -6 zoning ordinance was also considered. This modification pertains to
the CUP to disallow restaurants with drive -thru windows.
Jabbour noted that Mark Engebretson has obtained a permit from the MCWD for the ice
arena.
ENGINEER REPORT
Gustafson had no report. He said he is filling in for Cook who is on vacation.
CITY ADMINISTRATOR'S REPORT
( #8) ACCEPTANCE OF THE RESIGNATION OF STEVE PETERSON AS
CHAIRMAN OF THE PLANNING COMMISSION •
Callahan moved, Hurr seconded, to accept the resignation of Steve Peterson as Chairman
of the Planning Commission effective August 26, 1996, and to ratify any action taken at
the last Planning Commission meeting as well as tonight and ratify Peterson's authority to
act in intermediary time period granting approval of actions taken. Vote: Ayes 5, Nays
0.
Callahan tabled filling the vacancy on the Planning Commission to the next Council
meeting. The current list of applicants will be reviewed and were given for information
only. No requests for applications were taken.
(#9) COUNCIL SALARY ADJUSTMENT - ORDINANCE AMENDMENT #130,
2ND SERIES
Hurr moved, Callahan seconded, to adopt Ordinance Amendment #150, 2nd Series,
increasing the salary of the Mayor to $4,200 per year and increasing the salary of each
Council Member to $3,500 per year effective W97.
Kelley was informed that the last adjustment occurred in 1987. Goetten said she believed
it occurred prior to 1986.
Vote: Ayes 5, Nays 0. 0
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON AUGUST 26, 1996
• ( #10) SCHEDULING OF A WORK SESSION TO DISCUSS POTENTIAL 1997
SEWER PROJECTS
A Work Session was scheduled to discuss potential 1997 sewer projects for Tuesday,
September 3, 1996 at 8:00 a.m.
( #11) TELECOMMUNICATION TOWER MORATORIUM - ORDINANCE #151,
2ND SERIES
Callahan moved, Goetten seconded, to adopt Ordinance #151, 2nd Series, placing a 120
day moratorium on the granting of any authority relating to the siting of wireless
communications facilities and structures in the City of Orono. Vote: Ayes 4, Nays 0,
Abstain 1, Hurr.
CITY ATTORNEY'S REPORT
City Attorney Tom Radio introduced himself as a temporary replacement, along with
Kevin Staunton, for Tom Barrett, while he is on sabbatical. Radio has attended meetings
in the past. Radio extended his appreciation to the City and Council for their support of
his firm.
City Attorney Radio requested an Executive Session.
• ( * #12) LICENSES
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There were no license applications.
( * #13) SILLS
Hun moved, Goetten seconded, to approve payment of the All Funds Account, Vote:
Ayes 5, Nays 0.
ADJOURNMENT
Mayor Callahan adjourned the meeting to Executive Session at 8:57 p.m.
Edward J. Callahap; Jr., mayor
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